8–8–03 Friday Vol. 68 No. 153 August 8, 2003

Pages 47201–47440

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1 II Federal Register / Vol. 68, No. 153 / Friday, August 8, 2003

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2 III

Contents Federal Register Vol. 68, No. 153

Friday, August 8, 2003

Agency for Toxic Substances and Disease Registry PROPOSED RULES NOTICES Ports and waterways safety: Hazardous substances releases and facilities: Charleston Harbor, Cooper River, SC; regulated Public health assessments and effects; list, 47324 navigation area, 47277–47279 Agriculture Department Commerce Department See Animal and Plant Health Inspection Service See National Oceanic and Atmospheric Administration Animal and Plant Health Inspection Service Committee for Purchase From People Who Are Blind or RULES Severely Disabled Interstate transportation of animals and animal products NOTICES (quarantine): Procurement list; additions and deletions, 47292–47293 Tuberculosis in cattle and bison— State and area classifications, 47201–47202 Committee for the Implementation of Textile Agreements NOTICES NOTICES Uruguay Round Agreements Act: Cotton, wool, and man-made textiles: International sanitary and phytosanitary standard-setting China, 47295–47298 activities, 47286–47292 Vietnam, 47298 Army Department Commodity Futures Trading Commission See Engineers Corps RULES NOTICES Commodity pool operators and commodity trading Patent licenses; non-exclusive, exclusive, or partially advisors: exclusive: Registration exemption and other regulatory relief, Protective glove and method for making same, 47298 47221–47237

Blind or Severely Disabled, Committee for Purchase From Defense Department People Who Are See Army Department See Committee for Purchase From People Who Are Blind See Engineers Corps or Severely Disabled See Navy Department

Centers for Disease Control and Prevention Education Department NOTICES NOTICES Grant and cooperative agreement awards: Agency information collection activities; proposals, Human immunodeficiency virus (HIV)— submissions, and approvals, 47302–47303 Congo; Kinshasa School of Public Health, 47325–47326 Malawi; Ministry of Health and Population, 47325 Employment Standards Administration Mozambique; Ministry of Health, 47324–47325 NOTICES Tamil Nadu State AIDS Control Society, 47326 Minimum wages for Federal and federally-assisted Landmine Survivors Network, 47326–47327 construction; general wage determination decisions, Madagascar; Prospect International, 47327 47366 Centers for Medicare & Medicaid Services Energy Department NOTICES See Federal Energy Regulatory Commission Agency information collection activities; proposals, submissions, and approvals, 47327–47328 Engineers Corps NOTICES Children and Families Administration Environmental statements; availability, etc.: See Refugee Resettlement Office King Cove and Cold Bay, AK; year-round marine-road NOTICES transportation system, 47298–47299 Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 47328–47330 Raritan Bay and Sandy Hook Bay, NJ— Combined erosion and storm damage reduction project, Coast Guard 47299–47300 RULES Combined erosion control and storm damage reduction Ports and waterways safety: study, 47300 Lake — Santa Cruz River, Pima County, AZ, 47301 Kenosha, WI; safety zone, 47243–47245 Milwaukee Captain of Port Zone, WI— Environmental Protection Agency Safety zone, 47245 RULES Milwaukee Harbor, WI; safety zone, 47239–47243 Pesticides; tolerances in food, animal feeds, and raw Safety and security zones, etc; list of temporary rules, agricultural commodities: 47237–47239 2,6-Diisopropylnaphthalene, 47246–47253

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PROPOSED RULES Federal Energy Regulatory Commission Air quality implementation plans; approval and NOTICES promulgation; various States: Environmental statements; availability, etc.: California, 47279–47282 Tractebel Calypso Pipeline, L.L.C., 47304–47305 NOTICES Hydroelectric applications, 47305–47309 Environmental statements; availability, etc.: Applications, hearings, determinations, etc.: Agency statements— Discovery Gas Transmission LLC et al., 47303–47304 Weekly receipts, 47309–47310 Federal Maritime Commission NOTICES Federal Aviation Administration Investigations, hearings, petitions, etc.: RULES China Shipping Container Lines Co., Ltd., 47310 Airworthiness directives: Airbus, 47216–47218 Federal Reserve System Boeing, 47213–47221, NOTICES McDonnell Douglas, 47202–47207 Banks and bank holding companies: MD Helicopters Inc., 47211–47213 Formations, acquisitions, and mergers, 47311 Pratt & Whitney, 47207–47208 Turbomeca, 47208–47211 Fish and Wildlife Service Airworthiness standards: PROPOSED RULES Transport category airplanes— Migratory bird hunting: Lower deck service compartments; correction, 47202 Federal Indian reservations, off-reservation trust lands, PROPOSED RULES and ceded lands, 47423–47439 Air carrier certification and operations: Hawaii; air tour operators, 47269–47272 Food and Drug Administration Airworthiness directives: RULES Honeywell International Inc., 47267–47269 Animal drugs, feeds, and related products: NOTICES Chlortetracycline, procaine penicillin, and Air traffic operating and flight rules, etc.: sulfamethazine, 47237 High density airports; takeoff and landing slots, slot PROPOSED RULES exemption lottery, and slot allocation procedures— Animal drugs, feeds, and related products: Reagan National Airport; lottery allocation procedures, Batch certification requirements, etc.; obsolete and 47378–47379 redundant regulations removed, 47272–47277 Reports and guidance documents; availability, etc. NOTICES Aircraft products and parts certification procedures; Agency information collection activities; proposals, certificates issued in restricted category; intent to submissions, and approvals, 47330–47332 designate as abandoned, 47379–47380 Animal drugs, feeds, and related products: Bacitracin, etc.; antibiotic new products and use combinations subject to listing in new animal drug Federal Communications Commission regulations; drug efficacy study implementation, RULES 47332–47339 Common carrier services: Grants and cooperative agreements; availability, etc.: Federal-State Joint Board on Universal Service— Orphan drug products; safety and effectiveness; clinical Children’s Internet Protection Act; schools and libraries studies, 47340–47344 Internet safety policies and technology protection; certification requirements, 47253–47255 Geological Survey Radio stations; table of assignments: NOTICES Georgia and South Carolina, 47255 Agency information collection activities; proposals, , 47256 submissions, and approvals, 47361–47362 , 47255 , 47256 Health and Human Services Department PROPOSED RULES See Agency for Toxic Substances and Disease Registry Radio stations; table of assignments: See Centers for Disease Control and Prevention Arizona, 47285 See Centers for Medicare & Medicaid Services and Texas, 47282–47283 See Children and Families Administration Michigan, 47283 See Food and Drug Administration Texas, 47283–47284 See Health Resources and Services Administration Various States, 47284–47285 See National Institutes of Health NOTICES See Public Health Service Rulemaking proceedings; petitions filed, granted, denied, See Refugee Resettlement Office etc., 47310 See Substance Abuse and Mental Health Services Administration NOTICES Federal Election Commission Reports and guidance documents; availability, etc.: RULES National origin discrimination as it affects limited Bipartisan Campaign Reform Act; implementation: English proficient persons; prohibition; policy Presidential candidates and nominating conventions; guidance to Federal financial assistance recipients, public financing, 47385–47421 47311–47323

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Health Resources and Services Administration National Crime Prevention and Privacy Compact Council NOTICES NOTICES Meetings: Interstate Identification Index system: Interdisciplinary Community-Based Linkages Advisory Delayed fingerprint submission basis for conducting Committee, 47344 criminal history record checks in connection with placement of children with temporary custodians— Homeland Security Department Florida, 47369 See Coast Guard See Transportation Security Administration National Institutes of Health NOTICES Housing and Urban Development Department Meetings: NOTICES National Heart, Lung, and Blood Institute, 47344 Grants and cooperative agreements; availability, etc.: National Institute of Biomedical Imaging and Facilities to assist homeless— Bioengineering, 47344–47345 Excess and surplus Federal property, 47361 National Institute on Aging, 47345 Scientific Review Center, 47345–47346 Indian Affairs Bureau NOTICES National Oceanic and Atmospheric Administration Tribal-State Compacts approval; Class III (casino) gambling: RULES Lac Courte Oreilles Band of Lake Superior Chippewa Fishery conservation and management: Indians et al., WI; correction, 47384 Alaska; fisheries of Exclusive Economic Zone— Other rockfish, 47265 Shortraker/rougheye rockfish, 47266 Interior Department Northeastern United States fisheries— See Fish and Wildlife Service Northeast multispecies; correction, 47264–47265 See Geological Survey International fisheries regulations: See Indian Affairs Bureau Pacific halibut— See Land Management Bureau Guided recreational fishery; guideline harvest levels, See Reclamation Bureau 47256–47264 NOTICES Internal Revenue Service Meetings: NOTICES Gulf of Mexico Fishery Management Council, 47294 Committees; establishment, renewal, termination, etc.: Permits: Enrollment Program Advisory Committee, 47381–47382 Marine mammals, 47294–47295

International Trade Commission National Science Foundation NOTICES NOTICES Meetings; Sunshine Act, 47364 Meetings; Sunshine Act, 47369–47370

Labor Department Navy Department See Employment Standards Administration NOTICES See Mine Safety and Health Administration Inventions, Government-owned; availability for licensing, NOTICES 47301–47302 Agency information collection activities; proposals, submissions, and approvals, 47364–47365 Nuclear Regulatory Commission NOTICES Land Management Bureau Applications, hearings, determinations, etc.: NOTICES Duke Energy Corp. et al., 47370–47371 Environmental statements; availability, etc.: Resource Development Group Uinta Basin Natural Gas Project, UT, 47362 Public Debt Bureau Survey plat filings: NOTICES Nevada, 47362–47363 Agency information collection activities; proposals, submissions, and approvals, 47382 Legal Services Corporation NOTICES Public Health Service Freedom of Information Act; implementation: NOTICES Agency organization, function, procedure rules, and Meetings: substantive rules, 47367–47368 National Toxicology Program— Scientific Counselors Board, 47346–47348 Mine Safety and Health Administration NOTICES Railroad Retirement Board Safety standard petitions: NOTICES Canyon Fuel Co., LLC and Jim Walter Resources, Inc, Agency information collection activities; proposals, 47366–47367 submissions, and approvals, 47371

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Reclamation Bureau Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Environmental statements; availability, etc.: Agreements Freeport Regional Water Project, Sacramento, CA, 47363– 47364 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Refugee Resettlement Office NOTICES Transportation Department Grants and cooperative agreements; availability, etc.: See Federal Aviation Administration Technical assistance to programs and services for asylees, See Surface Transportation Board 47348–47360 Transportation Security Administration Securities and Exchange Commission NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings; Sunshine Act, 47371–47372 Highway Watch Program, 47361 Public Utility Holding Company Act of 1935 filings, 47372– 47375 Treasury Department Securities Exchange Act: See Internal Revenue Service Broker-dealer financial statement requirements, 47375– See Public Debt Bureau 47376 Veterans Affairs Department Small Business Administration NOTICES NOTICES Meetings: Disaster loan areas: Chiropractic Advisory Committee; correction, 47384 Florida, 47376 Reports and guidance documents; availability, etc.: West Virginia, 47376 National Capital Asset Realignment for Enhanced Intergovernmental review of agency programs and Services (CARES) Plan; agency health care planning activities, 47376–47377 process, 47382–47383

State Department NOTICES Separate Parts In This Issue Art objects; importation for exhibition: Dawn of Photography: French Daguerreotypes (1839- Part II 1855), 47377 Federal Election Commission, 47385–47421 Foreign terrorists and terrorist organizations; designation: Basayev, Shamil, 47378 Part III Meetings: Interior Department, Fish and Wildlife Service, 47423– Defense Trade Advisory Group, 47378 47439

Substance Abuse and Mental Health Services Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, Drug Testing Advisory Board, 47360 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Railroad operation, acquisition, construction, etc.: archives, FEDREGTOC-L, Join or leave the list (or change Freemont Northwestern Railroad Co., 47380–47381 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

9 CFR 77...... 47201 11 CFR 104...... 47386 107...... 47386 110...... 47386 9001...... 47386 9003...... 47386 9004...... 47386 9008...... 47386 9031...... 47386 9032...... 47386 9033...... 47386 9034...... 47386 9035...... 47386 9036...... 47386 9038...... 47386 14 CFR 25...... 47202 39 (8 documents) ...... 47202, 47204, 47207, 47208, 47211, 47213, 47216, 47218 Proposed Rules: 39...... 47267 91...... 47269 121...... 47269 135...... 47269 17 CFR 4...... 47221 21 CFR 558...... 47237 Proposed Rules: 510...... 47272 558...... 47272 33 CFR 100...... 47237 165 (5 documents) ...... 47237, 47239, 47241, 47243, 47245 Proposed Rules: 165...... 47277 40 CFR 180...... 47246 Proposed Rules: 52...... 47279 47 CFR 54...... 47253 73 (4 documents) ...... 47255, 47256 Proposed Rules: 73 (5 documents) ...... 47282, 47283, 47284, 47285 50 CFR 300...... 47256 648...... 47264 679 (2 documents) ...... 47265, 47266 Proposed Rules: 20...... 47424

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Rules and Regulations Federal Register Vol. 68, No. 153

Friday, August 8, 2003

This section of the FEDERAL REGISTER ‘‘Tuberculosis’’ (referred to below as the compliance date for certain provisions contains regulatory documents having general regulations), and in the ‘‘Uniform of § 77.10 was September 30, 2003. applicability and legal effect, most of which Methods and Rules—Bovine The specific provisions of § 77.10 that are keyed to and codified in the Code of Tuberculosis Eradication’’ (UMR), have a delayed compliance date are: Federal Regulations, which is published under • The identification of sexually intact 50 titles pursuant to 44 U.S.C. 1510. which is incorporated by reference into the regulations. The regulations restrict heifers moving to approved feedlots and The Code of Federal Regulations is sold by the interstate movement of cattle, bison, steers and spayed heifers moving to any the Superintendent of Documents. Prices of and captive cervids to prevent the destination (§ 77.10(b)); new books are listed in the first FEDERAL spread of bovine tuberculosis. Subpart B • The identification requirements for REGISTER issue of each week. of the regulations contains requirements sexually intact heifers moving to for the interstate movement of cattle and feedlots that are not approved feedlots bison not known to be infected with or (§ 77.10(d)); and DEPARTMENT OF AGRICULTURE exposed to tuberculosis. The interstate • Because identification is required movement requirements depend upon for certification, the certification Animal and Plant Health Inspection requirements for sexually intact heifers Service whether the animals are moved from an accredited-free State or zone, modified moving to unapproved feedlots (§ 77.10(d)). 9 CFR Part 77 accredited advanced State or zone, modified accredited State or zone, Initially, we delayed the compliance [Docket No. 03–072–1] accreditation preparatory State or zone, with these requirements for the State of or nonaccredited State or zone. Texas for two reasons. First, the size of Tuberculosis in Cattle and Bison; State the cattle industry in Texas necessitated Under the regulations in § 77.10, and Zone Designations; Delay of additional time to implement the cattle and bison that originate in a Compliance Date identification requirements of the modified accredited advanced State or regulations. Second, some cattle that AGENCY: Animal and Plant Health zone and that are not known to be Inspection Service, USDA. had begun moving through channels infected with or exposed to tuberculosis prior to the change in Texas’ ACTION: Interim rule; delay of must meet certain identification, tuberculosis status would not have been compliance date. certification, and testing requirements identified at their premises of origin. In prior to being moved interstate. SUMMARY: When we amended the bovine addition, we subsequently delayed the tuberculosis regulations to classify the Delay in Compliance compliance date in response to States of Texas, California, and New comments received on the interim rule Mexico as modified accredited We recently published several interim that classified Texas as modified advanced, we delayed the date for rules that amended the regulations by accredited advanced and that also compliance with certain identification changing the classification of the States solicited comments on the current and certification requirements in those of Texas, California, and New Mexico regulatory provisions of the domestic regulations until September 30, 2003. In from accredited free to modified bovine tuberculosis eradication this action, we are further delaying the accredited advanced and that delayed program. The compliance date was date for compliance until March 30, compliance with certain provisions of delayed for California and New Mexico 2004. § 77.10 until September 30, 2003. The to provide equitable treatment for interim rule that amended the producers in California and New DATES: The date for complying with classification of Texas was effective Mexico. certain requirements of 9 CFR 77.10 for June 3, 2002, and published in the Based on the comments that we sexually intact heifers, steers, and Federal Register on June 6, 2002 (67 FR received on the interim rule for Texas, spayed heifers moving interstate from 38841–38844, Docket No. 02–021–1); in it appears that the tuberculosis risk the States of Texas, California, and New a document published in the Federal associated with the movement of Mexico is March 30, 2004. (See ‘‘Delay Register on December 31, 2002, the nonbreeding cattle from modified in Compliance’’ under SUPPLEMENTARY compliance date for certain provisions accredited advanced States or zones INFORMATION.) of § 77.10 was extended from January 1, through feeder channels to slaughter is FOR FURTHER INFORMATION CONTACT: Dr. 2003, to September 30, 2003 (67 FR low and that identification requirements Terry Beals, Senior Staff Veterinarian, 79836–79837, Docket No. 02–021–3). for certain cattle destined for slaughter Eradication and Surveillance Team, The interim rule that amended the may be unnecessary. Therefore, we are National Center for Animal Health classification of California was effective considering proposing several changes Programs, VS, APHIS, 4700 River Road and published in the Federal Register to the regulations as a result of those Unit 43, Riverdale, MD 20737–1231; on April 25, 2003 (68 FR 20333–20336, comments and are further delaying the (301) 734–5467. Docket No. 03–005–1). The compliance date for compliance with the SUPPLEMENTARY INFORMATION: date for certain provisions of § 77.10 identification and certification was September 30, 2003. The interim requirements of § 77.10(b) and (d) for Background rule that amended the classification of nonbreeding cattle until March 30, Federal regulations implementing the New Mexico was effective and 2004. As stated in the interim rule for National Cooperative State/Federal published in the Federal Register on Texas, this delay in compliance does Bovine Tuberculosis Eradication July 24, 2003 (68 FR 43618–43621, not apply to the movement of cattle Program are contained in 9 CFR part 77, Docket No. 03–044–1). Again, the from the former modified accredited

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advanced zone in El Paso and Hudspeth DEPARTMENT OF TRANSPORTATION that is applicable to certain McDonnell Counties, TX. Douglas Model MD–11 and –11F Federal Aviation Administration Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, airplanes was published in the Federal 2.80, and 371.4. Register on May 15, 2002 (67 FR 34635). 14 CFR Part 39 That action proposed to require Done in Washington, DC, this 5th day of modifying the overhead instrument August 2003. [Docket No. 2001–NM–357–AD; Amendment 39–13253; AD 2003–16–01] lighting by relocating the dimmer Peter Fernandez, control unit and revising the wire Acting Administrator, Animal and Plant RIN 2120–AA64 routing. Health Inspection Service. Airworthiness Directives; McDonnell Comments [FR Doc. 03–20248 Filed 8–7–03; 8:45 am] Douglas Model MD–11 and –11F BILLING CODE 3410–34–P Interested persons have been afforded Airplanes an opportunity to participate in the AGENCY: Federal Aviation making of this amendment. The FAA Administration, DOT. has given due consideration to the comments received. DEPARTMENT OF TRANSPORTATION ACTION: Final rule. One commenter states no objection to Federal Aviation Administration SUMMARY: This amendment adopts a the proposed AD. new airworthiness directive (AD), Request To Ensure That Relocation of 14 CFR Part 25 applicable to certain McDonnell Switch Would Eliminate Unsafe Douglas Model MD–11 and –11F Condition airplanes, that requires modifying the [Docket No. FAA–2002–11346; Amendment Two commenters express concern No. 25–110] overhead instrument lighting by relocating the dimmer control unit and about whether relocating the dimmer revising the wire routing. This action is control unit for the overhead instrument RIN 2120–AH38 necessary to prevent overheating and light from its existing location to a better-ventilated area will adequately Lower Deck Service Compartments on internal component failure of the dimmer control unit of the overhead address the unsafe condition. The Transport Category Airplanes; commenters note that the proposed AD instrument lighting, which could result Correction states that inadequate heat dissipation in smoke and/or fire in the flight in the existing location contributed to compartment. This action is intended to AGENCY: Federal Aviation the overheating and internal component address the identified unsafe condition. Administration (FAA), DOT. failure of the dimmer control unit. Both DATES: Effective September 12, 2003. commenters question whether the ACTION: Final rule; correction. The incorporation by reference of proposed AD is addressing the root certain publications listed in the cause of the smoke in the flight deck— SUMMARY: This document makes regulations is approved by the Director i.e., the failure of the internal corrections to the final rule published in of the Federal Register as of September components in the dimmer control unit. the Federal Register on June 19, 2003. 12, 2003. The commenters noted that a related That rule amended the airworthiness ADDRESSES: The service information standards for transport category AD, AD 98–24–02, amendment 39– referenced in this AD may be obtained 10889 (63 FR 63402, November 13, airplanes concerning lower deck service from Boeing Commercial Aircraft compartments. 1998), requires a modification of the Group, Long Beach Division, 3855 dimmer control unit to replace the EFFECTIVE DATE: This correction is Lakewood Boulevard, Long Beach, capacitor in the dimmer control unit effective on August 8, 2003. California 90846, Attention: Data and with a new capacitor having a higher Service Management, Dept. C1–L5A temperature rating. One of the FOR FURTHER INFORMATION CONTACT: (D800–0024). This information may be commenters notes, however, that, even Jayson Claar, telephone (425) 227–2194. examined at the Federal Aviation after accomplishment of AD 98–24–02, SUPPLEMENTARY INFORMATION: Administration (FAA), Transport several operators have reported events Airplane Directorate, Rules Docket, involving smoke in the flight deck and Correction 1601 Lind Avenue, SW., Renton, failure of the new capacitors. Both Washington; at the FAA, Los Angeles commenters question whether adequate ■ In the final rule FR Doc. 03–15532, Aircraft Certification Office, 3960 research has been done to ensure that published on June 19, 2003, (68 FR Paramount Boulevard, Lakewood, relocating the dimmer control unit will 36880), make the following corrections: California; or at the Office of the Federal preclude the overheating condition that ■ 1. On page 36880, in column 1 in the Register, 800 North Capitol Street, NW., can lead to smoke in the flight deck. heading section, beginning on line 4, suite 700, Washington, DC. One of the commenters states that the correct ‘‘Amendment No. 110’’ to read FOR FURTHER INFORMATION CONTACT: airplane manufacturer has informed it ‘‘Amendment No. 25–110’’. Natalie Phan-Tran, Aerospace Engineer, that no on-aircraft temperature readings ■ 2. On page 36883, in the third column, Systems and Equipment Branch, ANM– were taken either before or after on the first line, correct the word 130L, FAA, Los Angeles Aircraft relocating the dimmer control unit. That ‘‘surface’’ to read ‘‘service.’’ Certification Office, 3960 Paramount commenter requests that such on- Boulevard, Lakewood, California aircraft testing be accomplished before Issued in Washington, DC on August 4, 90712–4137; telephone (562) 627–5343; 2003. the FAA proceeds with this rulemaking fax (562) 627–5210. action. Donald P. Byrne, SUPPLEMENTARY INFORMATION: A We infer that the commenters want us Assistant Chief Counsel for Regulations. proposal to amend part 39 of the Federal to postpone the proposed rulemaking [FR Doc. 03–20283 Filed 8–7–03; 8:45 am] Aviation Regulations (14 CFR part 39) to until further testing and analysis are BILLING CODE 4910–13–U include an airworthiness directive (AD) done to ensure that the proposed action

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will address the unsafe condition. We may not address unsafe conditions that FAA’s airworthiness directives system. concur with the commenters’ request are likely to be encountered in service The regulation now includes material and have delayed issuance of this final operations. In addition, we require the that relates to altered products, special rule until now. Testing was performed holder of the type certificate for the flight permits, and alternative methods on a Model MD–11 airplane to measure subject airplane model to make the of compliance. However, for clarity and the temperature of the dimmer control necessary design changes to correct an consistency in this final rule, we have unit in the existing and new locations. unsafe condition by submitting retained the language of the NPRM The dimmer control unit had been appropriate design changes for approval regarding that material. modified to incorporate the new and, upon the approval of the design Change to Labor Rate Estimate capacitor. Internal and external changes, make available the descriptive temperatures of the dimmer control data covering the changes to all After the proposed AD was issued, we unit, including temperature of the new operators of airplanes previously reviewed the figures we use to calculate capacitor, were recorded every 10 certificated under the type certificate. the labor rate to do the required actions. seconds for an hour and forty minutes. For these reasons, we cannot mandate a To account for various inflationary costs Analysis of the test results revealed that part approved by a third-party PMA to in the airline industry, we find it the capacitor in the dimmer control unit correct an unsafe condition. However, appropriate to increase the labor rate was heated to approximately 90 percent per the provisions of paragraph (b) of used in these calculations from $60 per of its temperature rating in its old this AD, an operator may submit a work hour to $65 per work hour. The location versus approximately 60 request for approval of the installation economic impact information, below, percent of its temperature rating in the of a modified dimmer control unit, such has been revised to reflect this increase new location. These results support the as the one to which the commenter in the specified hourly labor rate. hypothesis that the lack of heat refers, as an alternative method of Cost Impact dissipation in the existing location of compliance (AMOC) with this AD. The the dimmer control unit contributes to request should include adequate data to There are approximately 195 the overheating condition and capacitor justify that installation of the modified airplanes of the affected design in the failure; moving the dimmer control unit dimmer control unit will provide an worldwide fleet. The FAA estimates that to the new location should correct this acceptable level of safety. No change to 74 airplanes of U.S. registry will be unsafe condition. No change to the final the final rule is necessary in this regard. affected by this AD, that it will take rule is necessary in this regard. approximately 4 work hours per Another commenter states that it does Request To Consider Parallel airplane to accomplish the actions, and not agree that relocating the dimmer Rulemaking for Other Airplanes and that the average labor rate is $65 per control unit will be effective in Other Areas work hour. Required parts will cost preventing the overheating condition. One commenter is concerned that the approximately $101 per airplane. Based The commenter states that increased overheating condition and capacitor on these figures, the cost impact of the ventilation may ‘‘fan the flames.’’ The failures in the dimmer control unit may AD on U.S. operators is estimated to be commenter states that it has developed also occur on other airplane models, $26,714, or $361 per airplane. and tested a modified model of the such as McDonnell Douglas Model MD– The cost impact figure discussed dimmer control unit, for which the FAA 10 and DC–10 airplanes, or on other above is based on assumptions that no has granted a Parts Manufacturing dimmer control units installed in operator has yet accomplished any of Approval (PMA). The commenter states locations other than the overhead area. the requirements of this AD action, and that redesign of the circuitry in this The commenter notes that capacitor that no operator would accomplish modification eliminates the possibility failures within the dimmer control units those actions in the future if this AD of capacitor overheating. The on other airplane models have been were not adopted. The cost impact commenter requests that we consider its observed and tracked for identification figures discussed in AD rulemaking modified dimmer control unit as a of the cause. The commenter provides actions represent only the time proposed corrective action. data on these other occurrences. necessary to perform the specific actions We do not concur. Testing has shown We have reviewed the data provided actually required by the AD. These that, rather than ‘‘fanning the flames,’’ by the commenter. These data reveal figures typically do not include relocating the dimmer control unit to a that capacitor failures in the overhead incidental costs, such as the time better ventilated area will ensure that dimmer control unit on other airplanes required to gain access and close up, airflow is increased and heat is do not represent systemic failures, and planning time, or time necessitated by dissipated more effectively, which will capacitor failures at other locations on other administrative actions. alleviate the overheating condition. The the airplane are not related to Regulatory Impact testing described previously supports overheating and are not systemic this action. Further, we recognize that, failures. No change to the final rule is The regulations adopted herein will in order to obtain a PMA to replace or necessary in this regard. not have a substantial direct effect on modify a type certificated product, a the States, on the relationship between part is required to meet the Conclusion the national Government and the States, airworthiness requirements of the After careful review of the available or on the distribution of power and Federal Aviation Regulations (FARs) data, including the comments noted responsibilities among the various applicable to the airplane model on above, the FAA has determined that air levels of government. Therefore, it is which the part is to be installed. The safety and the public interest require the determined that this final rule does not part approved by the PMA must have adoption of the rule as proposed. have federalism implications under been subjected to all necessary tests and Executive Order 13132. computations as one method of showing Changes to 14 CFR Part 39/Effect on the For the reasons discussed above, I compliance with the applicable AD certify that this action (1) is not a airworthiness requirements. However, On July 10, 2002, the FAA issued a ‘‘significant regulatory action’’ under the airworthiness requirements approval new version of 14 CFR part 39 (67 FR Executive Order 12866; (2) is not a for installing a part approved by a PMA 47997, July 22, 2002), which governs the ‘‘significant rule’’ under DOT

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Regulatory Policies and Procedures (44 instrument lighting by relocating the dimmer DEPARTMENT OF TRANSPORTATION FR 11034, February 26, 1979); and (3) control unit and revising the wire routing, in will not have a significant economic accordance with McDonnell Douglas Alert Federal Aviation Administration impact, positive or negative, on a Service Bulletin MD11–33A071, Revision 01, substantial number of small entities dated September 24, 2001. 14 CFR Part 39 under the criteria of the Regulatory Alternative Methods of Compliance [Docket No. 2003–NM–144–AD; Amendment Flexibility Act. A final evaluation has 39–13254; AD 2003–16–02] been prepared for this action and it is (b) An alternative method of compliance or contained in the Rules Docket. A copy adjustment of the compliance time that RIN 2120–AA64 of it may be obtained from the Rules provides an acceptable level of safety may be used if approved by the Manager, Los Airworthiness Directives; McDonnell Docket at the location provided under Angeles Aircraft Certification Office (ACO), Douglas Model DC–10–10, DC–10–10F, the caption ADDRESSES. FAA. Operators shall submit their requests DC–10–15, DC–10–30, DC–10–30F List of Subjects in 14 CFR Part 39 through an appropriate FAA Principal (KC10A and KDC–10), DC–10–40, DC– Air transportation, Aircraft, Aviation Maintenance Inspector, who may add 10–40F, MD–10–10F, and MD–10–30F safety, Incorporation by reference, comments and then send it to the Manager, Airplanes Los Angeles ACO. Safety. AGENCY: Federal Aviation Note 2: Information concerning the Administration, DOT. Adoption of the Amendment existence of approved alternative methods of ACTION: Final rule; request for ■ compliance with this AD, if any, may be Accordingly, pursuant to the authority comments. delegated to me by the Administrator, obtained from the Los Angeles ACO. the Federal Aviation Administration Special Flight Permits SUMMARY: This amendment adopts a amends part 39 of the Federal Aviation new airworthiness directive (AD) that is Regulations (14 CFR part 39) as follows: (c) Special flight permits may be issued in applicable to certain McDonnell accordance with sections 21.197 and 21.199 Douglas transport category airplanes of the Federal Aviation Regulations (14 CFR PART 39—AIRWORTHINESS listed above. This action requires 21.197 and 21.199) to operate the airplane to DIRECTIVES inspecting the fuel boost/transfer pumps a location where the requirements of this AD ■ or reviewing the airplane maintenance 1. The authority citation for part 39 can be accomplished. continues to read as follows: records to determine the part number of Incorporation by Reference the fuel boost/transfer pumps, and Authority: 49 U.S.C. 106(g), 40113, 44701. (d) The actions shall be done in accordance follow-on actions if necessary. This § 39.13 [Amended] with McDonnell Douglas Alert Service action is necessary to prevent heated ■ 2. Section 39.13 is amended by adding Bulletin MD11–33A071, Revision 01, dated localized temperatures within the fuel the following new airworthiness September 24, 2001. This incorporation by boost/transfer pumps due to frictional directive: reference was approved by the Director of the heating, which could result in a Federal Register in accordance with 5 U.S.C. potential source of ignition in a fuel 2003–16–01 McDonnell Douglas: 552(a) and 1 CFR part 51. Copies may be tank and consequent fire or explosion. Amendment 39–13253. Docket 2001– NM–357–AD. obtained from Boeing Commercial Aircraft This action is intended to address the Group, Long Beach Division, 3855 Lakewood identified unsafe condition. Applicability: Model MD–11 and –11F airplanes, certificated in any category, as Boulevard, Long Beach, California 90846, DATES: Effective August 25, 2003. listed in McDonnell Douglas Alert Service Attention: Data and Service Management, The incorporation by reference of Bulletin MD11–33A071, Revision 01, dated Dept. C1–L5A (D800–0024). Copies may be certain publications listed in the September 24, 2001. inspected at the FAA, Transport Airplane regulations is approved by the Director Note 1: This AD applies to each airplane Directorate, 1601 Lind Avenue, SW., Renton, of the Federal Register as of August 25, identified in the preceding applicability Washington; at the FAA, Los Angeles Aircraft 2003. provision, regardless of whether it has been Certification Office, 3960 Paramount Comments for inclusion in the Rules modified, altered, or repaired in the area Boulevard, Lakewood, California; or at the Docket must be received on or before subject to the requirements of this AD. For Office of the Federal Register, 800 North October 7, 2003. airplanes that have been modified, altered, or Capitol Street, NW., suite 700, Washington, ADDRESSES: Submit comments in repaired so that the performance of the DC. requirements of this AD is affected, the triplicate to the Federal Aviation owner/operator must request approval for an Effective Date Administration (FAA), Transport alternative method of compliance in (e) This amendment becomes effective on Airplane Directorate, ANM–114, accordance with paragraph (b) of this AD. September 12, 2003. Attention: Rules Docket No. 2003–NM– The request should include an assessment of 144–AD, 1601 Lind Avenue, SW., the effect of the modification, alteration, or Issued in Renton, Washington, on July 29, Renton, Washington 98055–4056. repair on the unsafe condition addressed by 2003. this AD; and, if the unsafe condition has not Comments may be inspected at this been eliminated, the request should include Kalene C. Yanamura, location between 9 a.m. and 3 p.m., specific proposed actions to address it. Acting Manager, Transport Airplane Monday through Friday, except Federal Compliance: Required as indicated, unless Directorate, Aircraft Certification Service. holidays. Comments may be submitted accomplished previously. [FR Doc. 03–19681 Filed 8–7–03; 8:45 am] via fax to (425) 227–1232. Comments To prevent overheating and internal BILLING CODE 4910–13–P may also be sent via the Internet using component failure of the dimmer control unit the following address: 9-anm- of the overhead instrument lighting, which [email protected]. Comments sent could result in smoke and/or fire in the flight via fax or the Internet must contain compartment, accomplish the following: ‘‘Docket No. 2003–NM–144–AD’’ in the Modification subject line and need not be submitted (a) Within 18 months after the effective in triplicate. Comments sent via the date of this AD: Modify the overhead Internet as attached electronic files must

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be formatted in Microsoft Word 97 or Therefore, all of these models may be having P/N 60–847–1A if replacement 2000 or ASCII text. subject to the same unsafe condition. pumps are not available. The service information referenced in • Other Relevant Rulemaking Condition 3, Option 2b.— this AD may be obtained from Boeing Procedures to relocate pumps having P/ Commercial Aircraft Group, Long Beach The FAA has previously issued the N 60–847–1A, if replacement pumps are Division, 3855 Lakewood Boulevard, following two ADs that concern the fuel not available. Long Beach, California 90846, boost/transfer pumps on Boeing Model In addition, Appendix A, Attention: Data and Service 737–600, –700, –700C, –800, and –900 Recommended Operating Limitations, of Management, Dept. C1–L5A (D800– series airplanes, Model 747 series the ASB describes certain operating 0024). This information may be airplanes, and Model 757 series procedures, limitations, and related examined at the FAA, Transport airplanes: maintenance actions intended to Airplane Directorate, 1601 Lind 1. AD 2002–24–51, amendment 39– prevent fuel vapors from coming into Avenue, SW., Renton, Washington; or at 12992 (68 FR 10, January 2, 2003), contact with a possible ignition source the FAA, Los Angeles Aircraft applicable all Boeing Model 737–600, in the fuel tanks. Certification Office, 3960 Paramount –700, –700C, –800, and –900 series The accomplishment of certain Boulevard, Lakewood, California; or at airplanes, Model 747 series airplanes, actions specified in the service bulletin the Office of the Federal Register, 800 and Model 757 series airplanes, requires is intended to adequately address the North Capitol Street, NW., suite 700, revising the Airplane Flight Manual identified unsafe condition. Washington, DC. (AFM) to require the flightcrew to Explanation of the Requirements of the FOR FURTHER INFORMATION CONTACT: maintain certain minimum fuel levels in Rule Philip C. Kush, Aerospace Engineer, the center fuel tanks, and, for certain Propulsion Branch, ANM–140L, FAA, airplanes, to prohibit the use of the Since an unsafe condition has been Los Angeles Aircraft Certification horizontal stabilizer fuel tank and identified that is likely to exist or Office, 3960 Paramount Boulevard, certain center auxiliary fuel tanks. develop on other airplanes of the same Lakewood, California 90712–4137; 2. AD 2002–24–52, amendment 39– type design registered in the United telephone (562) 627–5263; fax (562) 12993 (68 FR 14, January 2, 2003), States, this AD requires accomplishment 627–5210. applicable to all Boeing Model 747–400, of certain actions specified in the SUPPLEMENTARY INFORMATION: The FAA –400D, and –400F series airplanes, service bulletin described previously, has received two reports of evidence of requires revising the AFM to require the except as discussed below. heat damage to the reprime impeller flightcrew to maintain certain minimum fuel levels in the center fuel tanks, and Differences Between This AD and the area found during a visual inspection of Service Bulletin the fuel pumps on certain Boeing Model to prohibit the use of the horizontal 747 series airplanes. The heat stabilizer fuel tank. That AD also The service bulletin recommends a discoloration of the damaged parts removes the reference to placards that review of the airplane maintenance indicates that the fuel pumps were was specified in the operating records to determine if a certain P/N for exposed to high temperatures due to limiations required by AD 2002–24–51. the fuel boost/transfer pump is frictional heating between pump This AD will not affect the current installed. This AD requires a general components. Such conditions within requirements of any of those previously visual inspection to determine the P/N. the pumps can create a potential issued ADs. In lieu of the inspection, a review of the airplane maintenance records is ignition source and auto-ignition of Explanation of Relevant Service acceptable if the P/N of the pump can vapors could occur, which could result Information in fire or explosion in a fuel tank. be positively determined from that A review of design data by the The FAA has reviewed and approved review. manufacturer revealed that a fuel boost/ Boeing Alert Service Bulletin (ASB) While Option 2.b. of the service transfer pump having Hydro-Aire part DC10–28A241, dated April 24, 2003, bulletin recommends replacement of all number (P/N) 60–847–1A has less which describes, among other things, relocated pumps within 18 months after internal fuel retention capability than the following: issue date of the service bulletin, this • other fuel boost/transfer pumps. It was Condition 1—Procedures for AD requires only the relocation of the determined that the smaller fuel reviewing the airplane maintenance pumps, or deactivation of the pumps retention capability of the Hydro-Aire records to determine if any fuel boost/ having P/N 60–847–1A per the fuel pumps may intensify the frictional transfer pump having P/N 60–847–1A is McDonnell Douglas DC–10 Minimum heating. Replacement of the Hydro-Aire installed. If the records show that none Equipment List. fuel pumps with the improved pumps of the pumps have P/N 60–847–1A, no Appendix A of the service bulletin will minimize the risk of a potential further action is necessary. contains operating limitations and ignition source in the fuel tank. • Condition 2—Procedures for a related maintenance actions for fuel visual inspection to determine if a boost/transfer pumps having P/N 60– Similar Models pump having P/N 60–847–1A is 847–1A that are installed in all locations The fuel boost/transfer pumps of the installed. If the inspection shows that except those boost pumps located in the reprime impeller area of the Hydro-Aire no pump having P/N 60–847–1A is aft position of the main tanks. This AD P/N 60–847–1A on McDonnell Douglas installed, no further action is necessary. does not specify implementation of the Model DC–10–10, DC–10–10F, DC–10– • Condition 3, Option 1a.— operating limitations and related 15, DC–10–30, DC–10–30F (KC10A and Procedures to replace the pump with a maintenance actions for boost pumps in KDC–10), DC–10–40, DC–10–40F, MD– new pump, if the records or visual the aft position of the main tanks since 10–10F, and MD–10–30F airplanes are inspection verify that a pump having P/ these pumps are always covered with similar to those on Boeing Model 737– N 60–847–1A is installed and fuel during takeoff, which prevents 600, –700, –700C, –800, and –900 series replacement pumps are available. heated localized temperatures from airplanes, Model 747 series airplanes, • Condition 3, Option 2a.— occurring within the fuel boost/transfer and Model 757 series airplanes. Procedures to deactivate any pump pump due to frictional heating.

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Changes to 14 CFR Part 39/Effect on the interested persons. A report that 2003–16–02 McDonnell Douglas: AD summarizes each FAA-public contact Amendment 39–13254. Docket 2003– concerned with the substance of this AD NM–144–AD. On July 10, 2002, the FAA issued a Applicability: Model DC–10–10, DC–10– new version of 14 CFR part 39 (67 FR will be filed in the Rules Docket. Commenters wishing the FAA to 10F, DC–10–15, DC–10–30, DC–10–30F 47997, July 22, 2002), which governs the acknowledge receipt of their comments (KC10A and KDC–10), DC–10–40, DC–10– FAA’s airworthiness directives system. 40F, MD–10–10F, and MD–10–30F airplanes; submitted in response to this rule must The regulation now includes material as listed in Boeing Alert Service Bulletin submit a self-addressed, stamped that relates to altered products, special (ASB) DC10–28A241, dated April 24, 2003; postcard on which the following flight permits, and alternative methods certificated in any category. statement is made: ‘‘Comments to of compliance (AMOCs). Because we Compliance: Required as indicated, unless Docket Number 2003–NM–144–AD.’’ accomplished previously. have now included this material in part The postcard will be date stamped and To prevent heated localized temperatures 39, only the office authorized to approve returned to the commenter. within the fuel boost/transfer pumps due to AMOCs is identified in each individual frictional heating, which could result in a AD. Regulatory Impact potential source of ignition in a fuel tank and The regulations adopted herein will consequent fire or explosion, accomplish the Determination of Rule’s Effective Date following: not have a substantial direct effect on Since a situation exists that requires the States, on the relationship between Inspection/Records Review/Follow-on the immediate adoption of this the national Government and the States, Actions regulation, it is found that notice and or on the distribution of power and (a) Within 90 days after the effective date opportunity for prior public comment responsibilities among the various of this AD: Do a general visual inspection of hereon are impracticable, and that good levels of government. Therefore, it is the fuel boost/transfer pumps to determine if cause exists for making this amendment determined that this final rule does not Hydro-Aire part number (P/N) 60–847–1A is effective in less than 30 days. installed. Instead of inspecting the pumps, a have federalism implications under review of the airplane maintenance records is Comments Invited Executive Order 13132. acceptable if the P/N of the pumps can be The FAA has determined that this Although this action is in the form of positively determined from that review. Do regulation is an emergency regulation a final rule that involves requirements the actions per the Work Instructions of that must be issued immediately to Boeing Alert Service Bulletin DC10–28A241, affecting flight safety and, thus, was not correct an unsafe condition in aircraft, dated April 24, 2003. preceded by notice and an opportunity and that it is not a ‘‘significant (1) If the inspection and/or records verify for public comment, comments are regulatory action’’ under Executive that no pump having P/N 60–847–1A is invited on this rule. Interested persons Order 12866. It has been determined installed, no further action is required by this are invited to comment on this rule by paragraph. further that this action involves an submitting such written data, views, or (2) If the inspection and/or records verify emergency regulation under DOT arguments as they may desire. that a pump having P/N 60–847–1A is Regulatory Policies and Procedures (44 Communications shall identify the installed, do the applicable actions specified FR 11034, February 26, 1979). If it is in paragraph (b) of this AD. Rules Docket number and be submitted determined that this emergency in triplicate to the address specified Note 1: For the purposes of this AD, a regulation otherwise would be general visual inspection is defined as: ‘‘A under the caption ADDRESSES. All significant under DOT Regulatory visual examination of an interior or exterior communications received on or before Policies and Procedures, a final area, installation, or assembly to detect the closing date for comments will be regulatory evaluation will be prepared obvious damage, failure, or irregularity. This considered, and this rule may be and placed in the Rules Docket. A copy level of inspection is made from within amended in light of the comments touching distance unless otherwise specified. of it, if filed, may be obtained from the received. Factual information that A mirror may be necessary to enhance visual Rules Docket at the location provided supports the commenter’s ideas and access to all exposed surfaces in the under the caption ADDRESSES. suggestions is extremely helpful in inspection area. This level of inspection is made under normally available lighting evaluating the effectiveness of the AD List of Subjects in 14 CFR Part 39 conditions such as daylight, hangar lighting, action and determining whether Air transportation, Aircraft, Aviation flashlight, or droplight and may require additional rulemaking action would be safety, Incorporation by reference, removal or opening of access panels or doors. needed. Safety. Stands, ladders, or platforms may be required Submit comments using the following to gain proximity to the area being checked.’’ format: Adoption of the Amendment (b) With the exception of fuel boost pumps • Organize comments issue-by-issue. ■ Accordingly, pursuant to the authority having P/N 60–847–1A that are located in the For example, discuss a request to aft position of the main tanks: Do the delegated to me by the Administrator, applicable actions specified in paragraph change the compliance time and a the Federal Aviation Administration request to change the service bulletin (b)(1) or (b)(2) of this AD, at the applicable amends part 39 of the Federal Aviation times specified, per the Work Instructions of reference as two separate issues. • Regulations (14 CFR part 39) as follows: Boeing Alert Service Bulletin DC10–28A241, For each issue, state what specific dated April 24, 2003. change to the AD is being requested. PART 39—AIRWORTHINESS (1) If replacement pumps having either P/ • Include justification (e.g., reasons or DIRECTIVES N 60–847–2 or P/N 60–847–3 are available, data) for each request. within 90 days after the effective date of this Comments are specifically invited on ■ 1. The authority citation for part 39 AD, replace the pumps per Option 1 of the overall regulatory, economic, continues to read as follows: Condition 3 of the ASB. With the exception of paragraph (c) of this AD, this constitutes environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. terminating action for the requirements of the rule that might suggest a need to § 39.13 [Amended] this AD. modify the rule. All comments (2) If replacement pumps are not available, submitted will be available, both before ■ 2. Section 39.13 is amended by adding do the actions specified in paragraph (b)(2)(i), and after the closing date for comments, the following new airworthiness (b)(2)(ii), or (b)(2)(iii) of this AD within 90 in the Rules Docket for examination by directive: days after the effective date of this AD.

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(i) Deactivate pumps having P/N 60–847– DEPARTMENT OF TRANSPORTATION –219 series turbofan engines was 1A per the McDonnell Douglas DC–10 published in the Federal Register on Minimum Equipment List (MEL) and replace Federal Aviation Administration March 25, 2003 (68 FR 14351). That the pump with a pump having P/N 60–847– action proposed to require removal and 2 or 60–847–3 within the time limitations 14 CFR Part 39 replacement of protective coating of the specified in the MEL, per Option 2a. of 7th and 9th through 12th stage HPC Condition 3 of the ASB. [Docket No. 2002–NE–41–AD; Amendment (ii) Relocate the pumps per Option 2b. of 39–13258; AD 2003–16–05] disks and the 8th stage HPC hub, initial and repetitive inspections for corrosion Condition 3 of the ASB. Or, RIN 2120–AA64 (iii) Insert Appendix A of the ASB into the pits and cracks, and removal from Limitations Section of the Airplane Flight Airworthiness Directives; Pratt & service as required in accordance with Manual. Whitney JT8D–200 Series Turbofan PW alert service bulletin (ASB) JT8D Note 2: Fuel boost pumps having P/N 60– Engines A6435, Revision 1, dated March 7, 2003. 847–1A that are located in the aft position of Comments the main tanks are always covered with fuel AGENCY: Federal Aviation during takeoff; therefore, operating the Administration, DOT. Interested persons have been afforded airplane per the operations limitations ACTION: Final rule. an opportunity to participate in the specified in Appendix A of Boeing Alert making of this amendment. Due Service Bulletin DC10–28A241, dated April SUMMARY: This amendment adopts a consideration has been given to the 24, 2003, is unnecessary. new airworthiness directive (AD) that comments received. applies to Pratt & Whitney (PW) JT8D– Parts Installation Disk Tracking 209, –217, –217A, –217C, and –219 (c) As of the effective date of this AD, no series turbofan engines. This One commenter requests that the person shall replace a fuel boost/transfer amendment requires removal and disks inspected using PW ASB JT8D pump on any airplane with a fuel boost/ replacement of protective coating of the 6435, Revision 1, dated March 7, 2003, transfer pump having Hydro-Aire P/N 60– 7th and 9th through 12th stage high as well as all new disks, be tracked by 847–1A, unless that pump is installed in the the engine release date recorded on FAA aft position of the main tanks. A fuel boost/ pressure compressor (HPC) disks and transfer pump having Hydro-Aire P/N 60– the 8th stage HPC hub, initial and 337 form or equivalent rather than per 847–1A that is removed for inspection per repetitive inspections for corrosion pits individual disk inspection dates. The paragraph (a) of this AD may be reinstalled and cracks, and removal from service as commenter feels that this would until paragraph (b) of this AD is complied required. This amendment is prompted significantly reduce the burden on with. by reports from operators of cracks airline records departments, especially for large operators, because the time Alternative Methods of Compliance observed in JT8D engine steel HPC disks. We are issuing this AD to prevent between the disk inspection and the (d) In accordance with 14 CFR 39.19, the fracture of the 7th and 9th through 12th engine release date is typically not more Manager, Los Angeles Aircraft Certification than a few weeks. Office, FAA, is authorized to approve stage HPC disks and 8th stage HPC hub, resulting in uncontained engine failure The FAA does not agree. There is no alternative methods of compliance for this way to ensure that the time between the AD. and damage to the airplane. DATES: Effective September 12, 2003. disk inspection and the engine release Incorporation by Reference The incorporation by reference of date will always be a short or controlled (e) Unless otherwise specified in this AD, certain publications listed in the amount of time. Some operators or the actions shall be done per Boeing Alert regulations is approved by the Director repair facilities may elect to store disks Service Bulletin DC10–28A241, dated April of the Federal Register as of September in their inventory for long periods of 24, 2003. This incorporation by reference was 12, 2003. time. Unless these disks are preserved approved by the Director of the Federal using instructions in the ASB, the time ADDRESSES: The service information Register in accordance with 5 U.S.C. 552(a) in storage must be counted in the referenced in this AD may be obtained and 1 CFR part 51. Copies may be obtained accumulation of time to the next from Pratt & Whitney, 400 Main St., East from Boeing Commercial Aircraft Group, inspection because the corrosion Long Beach Division, 3855 Lakewood Hartford, CT 06108; telephone (860) protective coatings begin to degrade Boulevard, Long Beach, California 90846, 565–8770; fax (860) 565–4503. This while in storage without proper Attention: Data and Service Management, information may be examined, by preservation. However, if an operator Dept. C1–L5A (D800–0024). Copies may be appointment, at the Federal Aviation can show that their particular operation inspected at the FAA, Transport Airplane Administration (FAA), New England will always result in short controlled Directorate, 1601 Lind Avenue, SW., Renton, Region, Office of the Regional Counsel, Washington; or at the FAA, Los Angeles times between inspection and 12 New England Executive Park, Aircraft Certification Office, 3960 Paramount installation and can demonstrate that an Burlington, MA; or at the Office of the Boulevard, Lakewood, California; or at the acceptable level of safety is maintained, Federal Register, 800 North Capitol Office of the Federal Register, 800 North they may apply for relief in accordance Street, NW., suite 700, Washington, DC. Capitol Street, NW., suite 700, Washington, with paragraph (d) of this AD. DC. FOR FURTHER INFORMATION CONTACT: After careful review of the available Effective Date Christopher Spinney, Aerospace data, including the comment noted Engineer, Engine Certification Office, above, the FAA has determined that air (f) This amendment becomes effective on FAA, Engine and Propeller Directorate, August 25, 2003. safety and the public interest require the 12 New England Executive Park, adoption of the rule as proposed. Issued in Renton, Washington, on July 29, Burlington, MA 01803–5299; telephone 2003. (781) 238–7175; fax (781) 238–7199. Regulatory Analysis Ali Bahrami, SUPPLEMENTARY INFORMATION: A This final rule does not have Acting Manager, Transport Airplane proposal to amend part 39 of the Federal federalism implications, as defined in Directorate, Aircraft Certification Service. Aviation Regulations (14 CFR part 39) to Executive Order 13132, because it [FR Doc. 03–19682 Filed 8–7–03; 8:45 am] include an AD that is applicable to PW would not have a substantial direct BILLING CODE 4910–13–P JT8D–209, –217, –217A, –217C, and effect on the States, on the relationship

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between the national government and this AD; and, if the unsafe condition has not Effective Date the States, or on the distribution of been eliminated, the request should include (g) This amendment becomes effective on power and responsibilities among the specific proposed actions to address it. September 12, 2003. various levels of government. Compliance: You are responsible for having the actions required by this AD Issued in Burlington, , on Accordingly, the FAA has not consulted July 30, 2003. with state authorities prior to performed within the compliance times specified unless the actions have already Francis A. Favara, publication of this final rule. been done. Acting Manager, Engine and Propeller For the reasons discussed above, I To prevent fracture of the 7th and 9th Directorate, Aircraft Certification Service. certify that this action (1) is not a through 12th stage high pressure compressor [FR Doc. 03–19828 Filed 8–7–03; 8:45 am] ‘‘significant regulatory action’’ under (HPC) disks and 8th stage HPC hub, resulting Executive Order 12866; (2) is not a in uncontained engine failure and damage to BILLING CODE 4910–13–P ‘‘significant rule’’ under the DOT the airplane, do the following: (a) Perform initial and repetitive Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION FR 11034, February 26, 1979); and (3) inspections of 7th and 9th through 12th stage HPC disks and 8th stage HPC hubs for will not have a significant economic corrosion pits and cracks after stripping the Federal Aviation Administration impact, positive or negative, on a protective coating in accordance with the substantial number of small entities intervals specified in the compliance section 14 CFR Part 39 under the criteria of the Regulatory and procedures specified in the Flexibility Act. A final evaluation has accomplishment instructions of PW alert [Docket No. 94–ANE–08–AD; Amendment 39–13256; AD 2003–16–03] been prepared for this action and it is service bulletin (ASB) JT8D A6435, Revision contained in the Rules Docket. A copy 1, dated March 7, 2003. RIN 2120–AA64 of it may be obtained by contacting the (b) Before further flight, replace 7th and 9th through 12th stage HPC disks and 8th Rules Docket at the location provided Airworthiness Directives; Turbomeca stage HPC hubs found with corrosion pits or Arriel 1 Series Turboshaft Engines under the caption ADDRESSES. cracks beyond serviceable limits as defined List of Subjects in 14 CFR Part 39 by PW ASB JT8D A6435, Revision 1, dated AGENCY: Federal Aviation March 7, 2003. Administration, DOT. Air transportation, Aircraft, Aviation (c) For the purposes of this AD, use the ACTION: Final rule. safety, Incorporation by reference, effective date of this AD for computing Safety. compliance intervals whenever PW ASB SUMMARY: This amendment supersedes JT8D A6435, Revision 1, dated March 7, Adoption of the Amendment 2003, refers to the release date of the ASB. an existing airworthiness directive (AD) that applies to Turbomeca Arriel 1A, 1 ■ Accordingly, pursuant to the authority Alternative Methods of Compliance A1, 1 A2, 1 B, 1 C, 1 C1, 1 C2, 1 D, and delegated to me by the Administrator, (d) An alternative method of compliance or 1 D1 turboshaft engines. That AD the Federal Aviation Administration adjustment of the compliance time that currently requires repetitive checks for amends part 39 of the Federal Aviation provides an acceptable level of safety may be engine rubbing noise during gas Regulations (14 CFR part 39) as follows: used if approved by the Manager, Engine generator rundown following engine Certification Office (ECO). Operators must shutdown, and for free rotation of the submit their request through an appropriate PART 39—AIRWORTHINESS gas generator by rotating the compressor DIRECTIVES FAA Principal Maintenance Inspector, who may add comments and then send it to the manually after the last flight of the day. ■ 1. The authority citation for part 39 Manager, ECO. In addition, the AD 95–11–01 requires continues to read as follows: Note 2: Information concerning the installation of modification TU 202 or existence of approved alternative methods of TU 197 as terminating action to the Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with this airworthiness directive, repetitive checks. This amendment adds § 39.13 [Amended] if any, may be obtained from the ECO. additional engine models to the applicability section, eliminates the ■ 2. Section 39.13 is amended by adding Special Flight Permits installation of modification TU 197 as a a new airworthiness directive to read as (e) Special flight permits may be issued in terminating action to the repetitive follows: accordance with §§ 21.197 and 21.199 of the checks, requires additional inspections Federal Aviation Regulations (14 CFR 21.197 2003–16–05 Pratt & Whitney: Amendment and 21.199) to operate the airplane to a for engines that have modification TU 39–13258. Docket No. 2002–NE–41–AD. location where the requirements of this AD 197 installed, and requires the Applicability: This airworthiness directive can be done. replacement of modifications TU 76 and (AD) applies to Pratt & Whitney (PW) JT8D– TU 197 with modification TU 202, as a 209, –217, –217A, –217C, and –219 series Documents That Have Been Incorporated by terminating action to the repetitive Reference turbofan engines. These engines are installed checks and inspections. This on, but not limited to McDonnell Douglas (f) The actions must be done in accordance MD–80 series airplanes. amendment is prompted by a report of with Pratt & Whitney alert service bulletin an in-flight engine shutdown on an Note 1: This AD applies to each engine JT8D A6435, Revision 1, dated March 7, identified in the preceding applicability 2003. This incorporation by reference was engine that had modification TU 197 provision, regardless of whether it has been approved by the Director of the Federal installed, and the need to update the modified, altered, or repaired in the area Register in accordance with 5 U.S.C. 552(a) modification standard on certain engine subject to the requirements of this AD. For and 1 CFR part 51. Copies may be obtained models. We are issuing this AD to engines that have been modified, altered, or from Pratt & Whitney, 400 Main St., East prevent engine failure due to rubbing of repaired so that the performance of the Hartford, CT 06108; telephone (860) 565– the 2nd stage turbine disk on the 2nd requirements of this AD is affected, the 8770; fax (860) 565–4503. Copies may be stage turbine nozzle guide vanes, which owner/operator must request approval for an inspected at the FAA, New England Region, could result in complete engine failure alternative method of compliance in Office of the Regional Counsel, 12 New and damage to the helicopter. accordance with paragraph (d) of this AD. England Executive Park, Burlington, MA; or The request should include an assessment of at the Office of the Federal Register, 800 DATES: Effective September 12, 2003. the effect of the modification, alteration, or North Capitol Street, NW, suite 700, The incorporation by reference of repair on the unsafe condition addressed by Washington, DC. certain publications listed in the

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regulations is approved by the Director Comments § 39.13 [Amended] of the Federal Register as of September Interested persons have been afforded ■ 2. Section 39.13 is amended by 12, 2003. an opportunity to participate in the removing Amendment 39–9235 (60 FR ADDRESSES: The service information making of this amendment. No 27023, May 22, 1995) and by adding a referenced in this AD may be obtained comments were received on the new airworthiness directive, from Turbomeca, 40220 Tarnos, France; proposal or the FAA’s determination of Amendment 39–13256, to read as telephone (33) 05 59 64 40 00, fax (33) the cost to the public. The FAA has follows: 05 59 64 60 80. This information may determined that air safety and the 2003–16–03 Turbomeca: Amendment 39– be examined, by appointment, at the public interest require the adoption of 13256. Docket No. 94–ANE–08–AD. Federal Aviation Administration (FAA), the rule as proposed. Supersedes AD 95–11–01, Amendment 39–9235 New England Region, Office of the Correction in Note 1 to Alternative Regional Counsel, 12 New England Applicability: This airworthiness directive Methods of Compliance Paragraph (AD) applies to Turbomeca turboshaft engine Executive Park, Burlington, MA; or at Reference the Office of the Federal Register, 800 models Arriel 1 A, 1 A1, 1 A2, 1 B, 1 C, 1 C2, 1 D, 1 D1, 1 E2, 1 K, 1 K1, 1 S, and 1 North Capitol Street, NW., suite 700, The reference in Note 1 to the alternative methods of compliance S1 that have not incorporated modification Washington, DC. TU 202. These engines are installed on but paragraph in the regulatory language not limited to Eurocopter AS–350 B, B1, and FOR FURTHER INFORMATION CONTACT: section is corrected from (k) to (j) in this Antonio Cancelliere, Aerospace B2; SA–365 C, C2, N, N1, and N2; MBB–BK AD. 117 C–1 and C–2, certain Sikorsky S–76 A, Engineer, Engine Certification Office, Regulatory Analysis certain Sikorsky S–76 C, and Agusta A109 K2 FAA, Engine and Propeller Directorate, helicopters. 12 New England Executive Park, This final rule does not have Note 1: This AD applies to each engine Burlington, MA 01803–5299; telephone federalism implications, as defined in identified in the preceding applicability (781) 238–7751; fax (781) 238–7199. Executive Order 13132, because it provision, regardless of whether it has been SUPPLEMENTARY INFORMATION: A would not have a substantial direct modified, altered, or repaired in the area subject to the requirements of this AD. For proposal to amend part 39 of the Federal effect on the States, on the relationship between the national government and engines that have been modified, altered, or Aviation Regulations (14 CFR part 39) repaired so that the performance of the by superseding AD 95–11–01, the States, or on the distribution of requirements of this AD is affected, the Amendment 39–9235 (60 FR 27023, power and responsibilities among the owner/operator must request approval for an May 22, 1995), which is applicable to various levels of government. alternative method of compliance in Turbomeca Arriel 1A, 1 A1, 1 A2, 1 B, Accordingly, the FAA has not consulted accordance with paragraph (j) of this AD. The 1 C, 1 C1, 1 C2, 1 D, and 1 D1 turboshaft with state authorities prior to request should include an assessment of the publication of this final rule. effect of the modification, alteration, or repair engines was published in the Federal on the unsafe condition addressed by this Register on March 10, 2003 (68 FR For the reasons discussed above, I certify that this action (1) is not a AD; and, if the unsafe condition has not been 11342). That action proposed to add eliminated, the request should include additional engine models to the ‘‘significant regulatory action’’ under specific proposed actions to address it. Executive Order 12866; (2) is not a applicability section, to eliminate the Compliance: You are responsible for installation of modification TU 197 as a ‘‘significant rule’’ under the DOT having the actions required by this AD terminating action to the repetitive Regulatory Policies and Procedures (44 performed within the compliance times checks, to require additional inspections FR 11034, February 26, 1979); and (3) specified unless the actions have already for engines that have modification TU will not have a significant economic been done. impact, positive or negative, on a To prevent engine failure due to rubbing of 197 installed, and to require the the 2nd stage turbine disk on the 2nd stage replacement of modifications TU 76 and substantial number of small entities under the criteria of the Regulatory nozzle guide vanes, which could result in TU 197 with modification TU 202, as a complete engine failure and damage to the terminating action to the repetitive Flexibility Act. A final evaluation has helicopter, do the following: checks and inspections in accordance been prepared for this action and it is (a) For Turbomeca Arriel 1 A, 1 A1, 1 A2, with Turbomeca Alert Service Bulletin contained in the Rules Docket. A copy 1 B, 1 C, 1 C1, 1 C2, 1 D, 1 D1, 1 E2, 1 K, (ASB) No. A292 72 0150, Update 6, of it may be obtained by contacting the 1 K1, 1 S, and 1 S1 turboshaft engines that dated September 4, 2000, and Rules Docket at the location provided have incorporated modification TU 202, no under the caption ADDRESSES. further action is required. Turbomeca ASB No. A292 72 0212, (b) For Turbomeca Arriel turboshaft Update 5, dated August 8, 2001. List of Subjects in 14 CFR Part 39 engines Models 1 B, 1 D, or 1 D1 that have Information that describes procedures Air transportation, Aircraft, Aviation modification TU 76 or TU 197 installed, for checking for unusual noise during before further flight after the effective date of safety, Incorporation by reference, gas generator rundown on engine this AD, replace modification TU 76 or TU Safety. shutdown and after the last flight of the 197 with modification TU 202 in accordance day may be found in SB No. 292 72 Adoption of the Amendment with 2.B.(1) through 2.C.(2) of Arriel 1 Alert 0181, Update 3, dated September 15, Service Bulletin (ASB) No. A292 72 0150, ■ Accordingly, pursuant to the authority Update 6, dated September 4, 2000. 1995. delegated to me by the Administrator, Daily Inspection for Engine Rubbing and Addition of Helicopter Model to the the Federal Aviation Administration Free Rotation Applicability amends part 39 of the Federal Aviation (c) For Arriel 1 A, 1 A1, 1 A2, 1 C, 1 C1, Regulations (14 CFR part 39) as follows: Since the publication of the NPRM 1 C2, 1 E2, 1 K, 1 K1, 1 S, and 1 S1 engines with modification TU 197 installed, perform supercedure, 68 FR 11342, dated March PART 39—AIRWORTHINESS 10, 2003, we have learned that these the following daily checks: DIRECTIVES (1) After the last flight of the day or after turboshaft engines are also installed on ■ 1. The authority citation for part 39 a ventilation (maximum of 5 seconds), certain Sikorsky S–76 A helicopters. immediately after engine stopping, listen for The Sikorsky S–76 A has also been continues to read as follows: unusual engine rubbing noise during the gas added to the applicability. Authority: 49 U.S.C. 106(g), 40113, 44701. generator rundown, and

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(2) During the check after the last flight of TABLE 2.—REPETITIVE BORESCOPE Terminating Action the day, when the T4 temperature is below INSPECTIONS (h) Installation of the improved 2nd stage 150°C (302°F), perform a ventilation (5 seconds maximum) during gas generator nozzle guide vane, modification TU202, rundown or check for free rotation of the gas If Module M03 has al- Then repeat inspec- constitutes terminating action to the checks ready been checked tion generator and unusual noise by turning the and inspections required by paragraphs (c)(1), (c)(2), and (d)(1) through (d)(3) of this compressor by hand. (1) Once, before 900 Before 1,100 CSN (3) If any rubbing noise is heard and the CSN. and then between AD. source of the noise cannot be identified, 1,900 and 2,100 (i) The checks required by paragraph (c)(1) replace module M03. CSN. and (c)(2) of this AD may be performed by Initial Borescope Inspection (2) Twice, before 900 Before 1,500 CSN. the pilot holding at least a private pilot (d) For Arriel 1 A, 1 A1, 1 A2, 1 C, 1 C1, CSN without propa- certificate as an exception to the 1 C2, 1 E2, 1 K, 1 K1, 1 S, and 1 S1 engines gation of cracks re- requirements of part 43 of the Federal with modification TU 197 installed, do the corded between the Aviation Regulations (14 CFR part 43). The following: first and second checks must be recorded in accordance with (1) Perform initial borescope inspections check. §§ 43.9 and 91.417(a)(2)(v) of the Federal for cracks of the second stage nozzle guide (3) Twice, before 900 Before 1,100 CSN Aviation Regulations (14 CFR 43.9 and 14 CSN with propaga- and then between vanes (NGV2) in accordance with 2.B.(a) CFR 91.417(a)(2)(v)), and the records must be through 2.B.(c)(2) of Turbomeca ASB No. tion of cracks re- 1,900 and 2,100 corded between the CSN. maintained as required by the applicable A292 72 0212, Update 5, dated August 8, Federal Aviation Regulation. 2001, and the schedules specified in the first and second following Table 1: check. Alternative Methods of Compliance (4) Once, after 900 Between 1,900 and CSN. 2,100 CSN. (j) An alternative method of compliance or TABLE 1.—INITIAL BORESCOPE adjustment of the compliance time that INSPECTION (2) If the 2nd stage nozzle guide vanes do provides an acceptable level of safety may be not meet the acceptance criteria specified in used if approved by the Manager, Engine Number of cycles- 2.B.(c)(2) of ASB A292 72 0212, Update 5, Certification Office (ECO). Operators must since-new or overhaul dated August 8, 2001, replace module M03. (CSN) on the effective Initial inspection submit their request through an appropriate date of this AD. Subsequent Repetitive Borescope Inspection FAA Principal Maintenance Inspector, who (f) Thereafter, for Arriel 1 A, 1 A1, 1 A2, may add comments and then send it to the (1) Modules M03 with Before accumulating 1 C, 1 C1, 1 C2, 1 E2, 1 K, 1 K1, 1 S, and Manager, ECO. fewer than 1,000 1,100 CSN. 1 S1 engines with modification TU 197 Note 2: Information concerning the CSN. installed, do the following: existence of approved alternative methods of (2) Modules M03 with Within 100 additional (1) Repeat the borescope inspection of the 1,000 CSN or cycles-in-service compliance with this airworthiness directive, NGV2 in accordance with 2.B.(a) through if any, may be obtained from the ECO. greater. (CIS) after the ef- 2.B.(c)(2) of Turbomeca ASB No. A292 72 fective date of this 0212, Update 5, dated August 8, 2001 at Special Flight Permits AD. intervals not to exceed 2,100 cycles-since- last-inspection (CSLI). (k) Special flight permits may be issued in (2) If the 2nd stage nozzle guide vanes do (2) If the 2nd stage nozzle guide vanes do accordance with §§ 21.197 and 21.199 of the not meet the acceptance criteria specified in not meet the acceptance criteria specified in Federal Aviation Regulations (14 CFR 21.197 2.B.(c)(2) of ASB A292 72 0212, Update 5, 2.B.(c)(2) of ASB A292 72 0212, Update 5, and 21.199) to operate the helicopter to a dated August 8, 2001, replace module M03. dated August 8, 2001, replace module M03. location where the requirements of this AD First Repetitive Borescope Inspection Replacement of Modification TU 197 can be done. (e) Thereafter, for Arriel 1 A, 1 A1, 1 A2, (g) For 1 A, 1 A1, 1 A2, 1 C, 1 C1, 1 C2, Documents That Have Been Incorporated by 1 C, 1 C1, 1 C2, 1 E2, 1 K, 1 K1, 1 S, and 1 E2, 1K, 1 K1, 1 S, and 1 S1 engines that Reference 1 S1 engines with modification TU 197 have modification TU 197 installed, install installed, do the following: the improved 2nd stage nozzle guide vanes, (l) The actions must be done in accordance (1) Perform the first repetitive borescope modification TU 202 at next shop visit after with the following Turbomeca alert service inspection for cracks of the NGV2 in the effective date of this AD, but not later bulletins: accordance with 2.B.(a) through 2.(c)(2) of than December 31, 2006, in accordance with Turbomeca ASB No. A292 72 0212, Revision 2.B. through 2.C. of Arriel 1 ASB No. A292 5, dated August 8, 2001 and the schedules 72 0150, Update No. 6, dated September 4, specified in the following Table 2: 2000.

Document No. Pages Revision Date

A292 72 0150 ...... All ...... 6 September 4, 2000. Total pages: 9 A292 72 0212 ...... All ...... 5 August 8, 2001. Total pages: 12

This incorporation by reference was Regional Counsel, 12 New England Executive Effective Date approved by the Director of the Federal Park, Burlington, MA; or at the Office of the (m) This amendment becomes effective on Register in accordance with 5 U.S.C. 552(a) Federal Register, 800 North Capitol Street, September 12, 2003. and 1 CFR part 51. Copies may be obtained NW, suite 700, Washington, DC. from Turbomeca, 40220 Tarnos, France; Note 3: The subject of this AD is addressed telephone (33) 05 59 64 40 00, fax (33) 05 59 in DGAC airworthiness directive DGAC 98– 64 60 80. Copies may be inspected at the 311 (A) R1, dated October 7, 1998. FAA, New England Region, Office of the

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Issued in Burlington, Massachusetts, on Helicopters Inc., Attn: Customer of the engines for each bolt with 400 or July 29, 2003. Support Division, 4555 E. McDowell more hours TIS, do a visual check. A Robert G. Mann, Rd., Mail Stop M615–GO48, Mesa, pilot may perform the visual check. Acting Manager, Engine and Propeller Arizona 85215–9734, telephone 1–800– • If a bolt has shifted upward or if Directorate, Aircraft Certification Service. 388–3378, fax 480–891–6782, or on the there is no gap between the thrust [FR Doc. 03–19836 Filed 8–7–03; 8:45 am] web at http://www.mdhelicopters.com. washer and retainer (the gap indicates BILLING CODE 4910–13–P This information may be examined at that the O ring is intact), before further the FAA, Office of the Regional Counsel, flight, inspect the bolt. Southwest Region, 2601 Meacham • At specified intervals, until you DEPARTMENT OF TRANSPORTATION Blvd., Room 663, Fort Worth, Texas; or accomplish the terminating action, for at the Office of the Federal Register, 800 bolts with 400 or more hours TIS, do a Federal Aviation Administration North Capitol Street, NW., suite 700, cam lever force inspection on each bolt, Washington, DC. without removing the bolt. 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Jon • Within 30 days, for bolts with 400 [Docket No. 2003–SW–33–AD; Amendment Mowery, Aviation Safety Engineer, or more hours TIS, disassemble, inspect, 39–13255; AD 2003–14–51] FAA, Los Angeles Aircraft Certification and reinstall each airworthy bolt. If a RIN 2120–AA64 Office, Airframe Branch, 2960 crack, fretting, or corrosion is found, Paramount Blvd., Lakewood, California replace the bolt with an airworthy bolt Airworthiness Directives; MD 90712, telephone (562) 627–5322, fax before further flight. Helicopters, Inc., Model MD900 (562) 627–5210. • Before accumulating 400 hours TIS, Helicopters SUPPLEMENTARY INFORMATION: On June for each bolt with less than 400 hours 20, 2003, the FAA issued an Emergency TIS, disassemble, inspect, and reinstall AGENCY: Federal Aviation AD (EAD) 2003–13–51 for the specified each airworthy bolt. If a crack, fretting, Administration, DOT. MDHI model helicopters that contained or corrosion is found, replace the bolt ACTION: Final rule; request for interim actions until certain with an airworthy bolt before further comments. investigations were complete. That EAD flight. reuqires certain checks and inspections Doing the required disassembly and SUMMARY: This document publishes in of bolt, part number (P/N) inspections of each bolt, P/N the Federal Register an amendment 900R3100001–103, replacing the bolt 900R3100001–103, constitutes adopting Airworthiness Directive (AD) with an airworthy bolt if necessary. That terminating action for the requirements 2003–14–51, which was sent previously action was prompted by two instances of this AD. The actions must be to all known U.S. owners and operators of failure of a bolt. accomplished in accordance with the of the specified MD Helicopters, Inc. Since the issuance of that EAD, we service bulletin described previously. (MDHI) helicopters by individual have new information that indicates that An owner/operator (pilot), holding at letters. This AD requires checking and the pilot check and torque inspection least a private pilot certificate, may inspecting each main rotor blade required by the EAD can be limited to perform the visual checks required by retention bolt (bolt) and replacing the certain bolts. We also determined that paragraph (b) of this AD and must enter bolt with an airworthy bolt if necessary. disassembly and a more detailed compliance into the aircraft The actions specified by this AD are inspection of the condition of each bolt maintenance records in accordance with intended to prevent failure of a bolt, loss is necessary. On July 2, 2003, we 14 CFR sections 43.11 and of main rotor blade, and subsequent loss superseded EAD 2003–13–51 by issuing 91.417(a)(2)(v)). A pilot may perform of control of the helicopter. EAD 2003–14–51, which requires this check because it is a visual check DATES: Effective August 25, 2003, to all certain checks and inspections of for a gap or movement of the bolt and persons except those persons to whom certain bolts and replacing any bolt with can be performed equally well by a pilot it was made immediately effective by an airworthy bolt if necessary. The EAD or a mechanic. Emergency AD 2003–14–51, issued on also provides terminating action for the The short compliance time involved July 2, 2003, which contained the requirements of the EAD. is required because the previously requirements of this amendment. The FAA has reviewed MD described critical unsafe condition can The incorporation by reference of Helicopters Service Bulletin SB900– adversely affect the controllability or certain publications listed in the 092R1, dated June 30, 2003 (SB), which structural integrity of the helicopter. regulations is approved by the Director describes procedures for disassembling Therefore, removing, inspecting, and of the Federal Register as of August 25, and inspecting the bolts. reinstalling each bolt at the specified 2003. Since the unsafe condition described time intervals, and replacing any Comments for inclusion in the Rules is likely to exist or develop on other unairworthy bolt with an airworthy bolt Docket must be received on or before MDHI helicopters of the same type is required before further flight and this October 7, 2003. design, the FAA issued EAD 2003–14– AD must be issued immediately. ADDRESSES: Submit comments in 51 to prevent failure of a bolt, loss of a Since it was found that immediate triplicate to the Federal Aviation main rotor blade, and subsequent loss of corrective action was required, notice Administration (FAA), Office of the control of the helicopter. The AD and opportunity for prior public Regional Counsel, Southwest Region, requires the following: comment thereon were impracticable Attention: Rules Docket No. 2003–SW– • Before further flight, remove, and contrary to the public interest, and 33–AD, 2601 Meacham Blvd., Room inspect, and reinstall each bolt, unless good cause existed to make the AD 663, Fort Worth, Texas 76137. You may accomplished previously. If segments effective immediately by individual also send comments electronically to do not move freely or a crack is found, letters issued on July 2, 2003, to all the rules Docket at the following replace the bolt with an airworthy bolt known U.S. owners and operators of address: [email protected]. before further flight. MDHI Model MD900 helicopters. These The service information referenced in • Thereafter, until the terminating conditions still exist, and the AD is this AD may be obtained from MD action is accomplished, before each start hereby published in the Federal

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Register as an amendment to 14 CFR 33–AD.’’ The postcard will be date To prevent failure of a bolt, loss of a main 39.13 to make it effective to all persons. stamped and returned to the rotor blade, and subsequent loss of control of On July 10, 2002, the FAA issued a commenter. the helicopter, accomplish the following: new version of 14 CFR part 39 (67 FR The regulations adopted herein will (a) Before further flight, remove, inspect, 47997, July 22, 2002) which governs the and reinstall the bolt in accordance with the not have a substantial direct effect on Accomplishment Instructions, paragraph FAA’s AD system. The regulation now the States, on the relationship between 2.B., of MD Helicopters Service Bulletin includes material that relates to altered the national Government and the States, SB900–092 R1, dated June 30, 2003 (SB). If products, special flight permits, and or on the distribution of power and segments do not move freely or a crack is alternative methods of compliance. responsibilities among the various found, replace the bolt with an airworthy bolt Because we have now included this levels of government. Therefore, it is before further flight. material in part 39, we no longer need determined that this final rule does not (b) Thereafter, before each start of the to include it in each individual AD. have federalism implications under engines, for each bolt with 400 or more hours time-in-service (TIS) or if the hours TIS is not The FAA estimates that this AD will Executive Order 13132. affect 32 helicopters of U.S. registry, and available for each bolt, visually check each The FAA has determined that this bolt as follows: the inspections and replacement of a regulation is an emergency regulation (1) Check that the position of each installed bolt will take approximately 13 work that must be issued immediately to bolt has not shifted upward. hours per helicopter to accomplish at an correct an unsafe condition in aircraft, (2) Check for a gap between the thrust average labor rate of $65 per work hour. and that it is not a ‘‘significant washer and retainer. Required parts will cost approximately regulatory action’’ under Executive (3) An owner/operator (pilot), holding at $800 per bolt (2 bolts per blade and 5 Order 12866. It has been determined least a private pilot certificate, may perform blades) per helicopter. Based on these further that this action involves an the visual check required by this paragraph figures, we estimate the total cost and must enter compliance into the aircraft emergency regulation under DOT maintenance records in accordance with 14 impact of the AD on U.S. operators to Regulatory Policies and Procedures (44 be $283,040, assuming all bolts are CFR sections 43.11 and 91.417(a)(2)(v)). FR 11034, February 26, 1979). If it is (c) If a bolt has shifted upward or if there replaced. determined that this emergency is no gap between the thrust washer and Comments Invited regulation otherwise would be retainer (the gap indicates that the O ring is significant under DOT Regulatory intact), before further flight, inspect the bolt Although this action is in the form of Policies and Procedures, a final in accordance with the Accomplishment a final rule that involves requirements Instructions, paragraph 2.B., of the SB. affecting flight safety and, thus, was not regulatory evaluation will be prepared and placed in the Rules Docket. A copy (d) After accomplishing paragraph (a) of preceded by notice and an opportunity this AD, thereafter, at intervals not to exceed for public comment, comments are of it, if filed, may be obtained from the 6 hours TIS, for bolts with 400 or more hours invited on this rule. Interested persons Rules Docket at the location provided TIS, do a cam lever force inspection on each are invited to comment on this rule by under the caption ADDRESSES. bolt, without removing the bolt, in submitting such written data, views, or List of Subjects in CFR Part 39 accordance with the Accomplishment arguments as they may desire. Instructions, paragraphs 2.B.(3) and 2.B.(6) of Air transportation, Aircraft, Aviation the SB. Communications should identify the safety, Incorporation by Reference, (e) Within 30 days, for bolts with 400 or Rules Docket number and be submitted Safety. more hours TIS, disassemble, inspect, and in triplicate to the address specified reinstall each airworthy bolt in accordance under the caption ADDRESSES. All Adoption of the Amendment with the Accomplishment Instructions, paragraph 2.C. of the SB, except you are not communications received on or before ■ the closing date for comments will be Accordingly, pursuant to the authority required to report inspection results to MD considered, and this rule may be delegated to me by the Administrator, Helicopters, Inc. If a crack, fretting, or amended in light of the comments the Federal Aviation Administration corrosion is found, replace the bolt with an received. Factual information that amends part 39 of the Federal Aviation airworthy bolt before further flight. Regulations (14 CFR part 39) as follows: (f) Before accumulating 400 hours TIS, for supports the commenter’s ideas and bolts with less than 400 hours TIS, suggestions is extremely helpful in PART 39—AIRWORTHINESS disassemble, inspect, and reinstall each evaluating the effectiveness of the AD DIRECTIVES airworthy bolt in accordance with the action and determining whether Accomplishment Instructions, paragraph 2.C. additional rulemaking action would be ■ 1. The authority citation for part 39 of the SB, except you are not required to needed. continues to read as follows: report inspection results to MD Helicopters, Inc. If a crack, fretting, or corrosion is found, Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40113, 44701. the overall regulatory, economic, replace the bolt with an airworthy bolt before environmental, and energy aspects of § 39.13 [Amended] further flight. (g) Accomplishing paragraphs (e) or (f) of the rule that might suggest a need to ■ 2. Section 39.13 is amended by adding this AD constitutes terminating action for all modify the rule. All comments a new airworthiness directive to read as of the requirements of this AD. submitted will be available in the Rules follows: (h) To request a different method of Docket for examination by interested compliance or a different compliance time persons. A report that summarizes each 2003–14–51 MD Helicopters, Inc: for this AD, follow the procedures in 14 CFR Amendment 39–13255. Docket No. FAA-public contact concerned with the 39.19. Contact the Los Angeles Aircraft 2003–SW–33–AD. Supersedes Certification Office, FAA, for information substance of this AD will be filed in the Emergency AD 2003–13–51, Docket No. Rules Docket. about previously approved alternative 2003–SW–27–AD. methods of compliance. Commenters wishing the FAA to Applicability: Model MD900 helicopters, acknowledge receipt of their mailed (i) The inspections and replacement of a serial number 900–00008 through 900– bolt shall be done in accordance with MD comments submitted in response to this 00114, with main rotor blade retention bolt Helicopters Service Bulletin SB900–092 R1, rule must submit a self-addressed, (bolt), part number 900R3100001–103, dated June 30, 2003. This incorporation by stamped postcard on which the installed, certificated in any category. reference was approved by the Director of the following statement is made: Compliance: Required as indicated, unless Federal Register in accordance with 5 U.S.C. ‘‘Comments to Docket No. 2003–SW– accomplished previously. 552(a) and 1 CFR part 51. Copies may be

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obtained from MD Helicopters Inc., Attn: uncontained engine strut fire. This 747–71–2155. The second commenter Customer Support Division, 4555 E. action is intended to address the states that the reference to Boeing McDowell Rd., Mail Stop M615–GO48, Mesa, identified unsafe condition. Service Bulletin 747–36–2122 should be Arizona 85215–9734, telephone 1–800–388– 747–54–2122. While the FAA agrees 3378, fax 480–891–6782, or on the web at DATES: Effective September 12, 2003. http://www.mdhelicopters.com. Copies may The incorporation by reference of with these corrections and be inspected at the FAA, Office of the certain publications listed in the acknowledges that the service bulletin Regional Counsel, Southwest Region, 2601 regulations is approved by the Director citations were incorrect in the proposed Meacham Blvd., Room 663, Fort Worth, of the Federal Register as of September AD, that section of the preamble is not Texas; or at the Office of the Federal Register, 12, 2003. restated in the final rule. 800 North Capitol Street, NW., suite 700, ADDRESSES: The service information Request To Clarify Certain Paragraphs Washington, DC. referenced in this AD may be obtained (j) This amendment becomes effective on from Boeing Commercial Airplane One commenter asks that paragraph August 25, 2003, to all persons except those (e) of the proposed AD be changed, for persons to whom it was made immediately Group, P.O. Box 3707, Seattle, effective by Emergency AD 2003–14–51, Washington 98124–2207. This clarification, to add that the fiberglass issued July 2, 2003, which contained the information may be examined at the fabric pneumatic duct boot is replaced requirements of this amendment. Federal Aviation Administration (FAA), with a new, NOMEX fabric duct boot. We agree and have added the language Issued in Fort Worth, Texas, on July 29, Transport Airplane Directorate, Rules 2003. Docket, 1601 Lind Avenue, SW., requested by the commenter to paragraph (e) of this final rule. Scott A. Horn, Renton, Washington; or at the Office of The same commenter asks that Acting Manager, Rotorcraft Directorate, the Federal Register, 800 North Capitol Aircraft Certification Service. Street, NW., suite 700, Washington, DC. paragraphs (b) and (f) of the proposed AD be changed, for clarification, to add [FR Doc. 03–19976 Filed 8–7–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Dan the term ‘‘outboard’’ to define which BILLING CODE 4910–13–M Kinney, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle strut is affected by those paragraphs. We Aircraft Certification Office, 1601 Lind agree and have added the term DEPARTMENT OF TRANSPORTATION Avenue, SW., Renton, Washington requested by the commenter to 98055–4056; telephone (425) 917–6499; paragraphs (b) and (f) of this final rule. Federal Aviation Administration fax (425) 917–6590. Replace Pneumatic Boot Only if SUPPLEMENTARY INFORMATION: A Damage Found 14 CFR Part 39 proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to One commenter states that it performs [Docket No. 2001–NM–232–AD; Amendment the repetitive detailed visual 39–13259; AD 2003–16–06] include an airworthiness directive (AD) that is applicable to all Boeing Model inspections of the pneumatic duct boot RIN 2120–AA64 747 series airplanes equipped with at every 1C-check, with replacement of General Electric CF6–45 and CF6–50 the duct boot if it is damaged. The Airworthiness Directives; Boeing commenter asks that it be allowed to Model 747 Series Airplanes Equipped series engines was published in the Federal Register on January 29, 2003 continue to perform the inspections at with General Electric CF6–45 or CF6– every 1C-check, and replace the duct 50 Series Engines (68 FR 4398). That action proposed to require an inspection to detect chafing boot only if damaged, instead of AGENCY: Federal Aviation of the fuel line or incorrect clearance replacing the duct boot at the time Administration, DOT. between the fuel line and pneumatic specified in paragraph (e) of the proposed AD. The commenter asks that ACTION: Final rule. duct insulation blanket; a fuel leak check and strut drain test; corrective its program be included as an SUMMARY: This amendment adopts a action if necessary; replacement of the alternative method of compliance new airworthiness directive (AD), outboard strut fuel line coupling O-rings (AMOC) to the proposed AD, if possible. applicable to all Boeing Model 747 and retaining rings with new parts; We do not agree with the commenter. series airplanes equipped with General replacement of the pneumatic duct boot Early replacement of the original boot Electric CF6–45 and CF6–50 series with a new part; and, for certain configuration with a NOMEX boot is engines. This amendment requires an airplanes, installation of a flame arrestor critical to having a reliable seal in place. inspection to detect chafing of the fuel and drain line entry screens. The flight-hour intervals used for line or incorrect clearance between the maintenance checks may not ensure fuel line and pneumatic duct insulation Comments replacement of the original boot within blanket; a fuel leak check and strut Interested persons have been afforded 12 months. However, if maintenance drain test; corrective action if necessary; an opportunity to participate in the records indicate that the original boot replacement of the outboard strut fuel making of this amendment. Due has been replaced with the new NOMEX line coupling O-rings and retaining consideration has been given to the fabric part, it is not necessary to repeat rings with new parts; replacement of the comments received. that action. Paragraph (e)(2) of this final pneumatic duct boot with a new part; rule is a continuing requirement which and, for certain airplanes, installation of Request To Correct Service Bulletin specifies that whenever a damaged boot a flame arrestor and drain line entry Citations of the original boot configuration is screens. The actions specified by this Two commenters state that there are found it must be replaced before further AD are intended to prevent leaking fuel typographical errors in two of the flight, or within 5 days following line couplings, chafed fuel lines, service bulletin citations specified in detection if there are no leaks. The restricted or clogged strut drain lines, the section in the preamble titled commenter may submit substantiating migrating fluids or vapors toward ‘‘Explanation of Relevant Service data that support a request for an AMOC ignition sources, and flashback of Information.’’ The first commenter per paragraph (i) of this AD. No change external flame into the strut; these states that the reference to Boeing to the final rule is necessary in this conditions could result in an Service Bulletin 747–28–2155 should be regard.

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Request To Change Compliance Time leakage found and the corrective actions above, the FAA has determined that air Two commenters ask that the taken; and noted that there were more safety and the public interest require the compliance time for the repetitive fuel leaks that occurred after adoption of the rule with the changes replacement of the O-rings and retaining maintenance of the fuel line coupling O- previously described. The FAA has rings, as specified in paragraph (d) of rings if specially trained mechanics did determined that these changes will the proposed AD, be changed, as not do the maintenance, due to the neither increase the economic burden follows: One commenter states that it necessity of using delicate installation on any operator nor increase the scope performs the repetitive replacement of procedures that are specific to that type of the AD. of couplings. the O-rings and retaining rings every 5 Changes to 14 CFR Part 39/Effect on the years. We do not agree with the requests to Proposed AD We infer that the commenter wants to extend the compliance time. The continue the replacement every 5 years, chronological age of the O-rings On July 10, 2002, the FAA issued a in lieu of the compliance time of every combined with flight hours produces new version of 14 CFR part 39 (67 FR 21,000 flight hours or 5 years, the deterioration and fuel leaks. With 47997, July 22, 2002), which governs the whichever is earlier (unless a coupling regard to extending the compliance time FAA’s airworthiness directives system. is disassembled). to allow the replacement to be This regulation now includes material The same commenter states that it accomplished at a D-check or every 5 that relates to altered products, special performs the fuel pressure leak check years, we have already considered flight permits, and AMOCs. Because we every 5 years when it replaces the O- factors such as operators’ maintenance have now included this material in part rings and retaining rings, and would schedules in setting a compliance time 39, only the office authorized to approve like to be allowed to continue at that for the required replacement and AMOCs is identified in each individual interval in lieu of the 3-year interval determined that 21,000 flight hours or 5 AD. However, for clarity and specified in Boeing Service Bulletin years, whichever is earlier (unless a consistency in this final rule, we have 747–28–2230, dated September 30, 1999 coupling is disassembled), is an retained the language of the NPRM (referenced in the proposed AD as the appropriate compliance time in which regarding that material. source of service information for the replacement may be accomplished Change to Labor Rate Estimate accomplishment of the fuel leak check during scheduled airplane maintenance and strut drain inspection). for the majority of affected operators. We have reviewed the figures we have We acknowledge that the service Since maintenance schedules vary from used over the past several years to bulletin specified recommends operator to operator, it would not be calculate AD costs to operators. To repeating the leak check every 3 years; possible to guarantee that all affected account for various inflationary costs in however, the proposed AD does not airplanes could be modified during the airline industry, we find it necessary require repetitive fuel pressure leak scheduled maintenance. In any event, to increase the labor rate used in these checks; only a one-time check within 12 we find that the specified compliance calculations from $60 per work hour to months after the effective date of the time represents the maximum time $65 per work hour. The cost impact AD. wherein the affected airplanes may information, below, reflects this Another commenter states that it continue to operate without increase in the specified hourly labor performs the repetitive replacement of compromising safety. No change to the rate. the O-rings and retaining rings during final rule is necessary in this regard. Cost Impact its D-check, and asks that all operators Conclusion be allowed to perform the replacement The following table provides the cost at that time. The commenter also After careful review of the available estimates to accomplish the required provides some statistics on cases of fuel data, including the comments noted actions:

Number Work Hourly Parts cost Per-air- of U.S. U.S. fleet Boeing service information for required actions hours per labor rate per air- plane airplanes cost airplane plane cost affected

Service Bulletin 747–36–2111 ...... 10 $65 $0 $650 32 $20,800 Service Bulletin 747–28–2230 ...... 4 65 0 260 32 8,320 Service Letter 747–SL–28–052–B ...... 4 65 0 260 32 8,320 Service Bulletin 747–36–2118 ...... 10 65 1,269 1,919 32 61,408 Service Bulletin 747–54–2137 ...... 48 65 3,047 6,167 30 185,010 Service Bulletin 747–54–2122 ...... 56 65 2,590 6,230 30 186,900

The cost impact figures discussed incidental costs, such as the time levels of government. Therefore, it is above are based on assumptions that no required to gain access and close up, determined that this final rule does not operator has yet accomplished any of planning time, or time necessitated by have federalism implications under the requirements of this AD action, and other administrative actions. Executive Order 13132. that no operator would accomplish Regulatory Impact For the reasons discussed above, I those actions in the future if this AD certify that this action (1) is not a were not adopted. The cost impact The regulations adopted herein will ‘‘significant regulatory action’’ under figures discussed in AD rulemaking not have a substantial direct effect on Executive Order 12866; (2) is not a actions represent only the time the States, on the relationship between ‘‘significant rule’’ under DOT necessary to perform the specific actions the national Government and the States, Regulatory Policies and Procedures (44 actually required by the AD. These or on the distribution of power and FR 11034, February 26, 1979); and (3) figures typically do not include responsibilities among the various will not have a significant economic

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impact, positive or negative, on a of this AD requires replacement of the fuel (1) Within 21,000 flight hours after the substantial number of small entities tube as corrective action for certain repair effective date of this AD. under the criteria of the Regulatory conditions; that action is not included in the (2) Within 5 years after the effective date Flexibility Act. A final evaluation has service bulletin. Where this AD and Service of this AD. Bulletin 747–36–2111 differ, the AD prevails. (3) Before further flight after a coupling has been prepared for this action and it is (a) Within 1,000 flight hours after the been disassembled for any reason. contained in the Rules Docket. A copy effective date of this AD, perform a detailed of it may be obtained from the Rules inspection to detect chafing of the fuel line Repetitive Ring Replacement Docket at the location provided under and measure the clearance between the fuel (d) Replace the rings as required by the caption ADDRESSES. line and the insulation blanket on the paragraph (c) of this AD at intervals not to pneumatic duct, in accordance with the exceed the earliest of the times specified by List of Subjects in 14 CFR Part 39 Accomplishment Instructions of Boeing paragraphs (d)(1), (d)(2), and (d)(3) of this Air transportation, Aircraft, Aviation Service Bulletin 747–36–2111, dated AD. safety, Incorporation by reference, February 20, 1992. Before further flight, (1) Every 21,000 flight hours. (2) Every 5 years. Safety. accomplish all applicable corrective actions (including reworking the fuel line, (3) Before further flight after a coupling has Adoption of the Amendment remeasuring the clearance between the fuel been disassembled for any reason. line and the insulation blanket, adjusting the Replacement of Pneumatic Duct Boot ■ Accordingly, pursuant to the authority pneumatic duct and fuel line positions, delegated to me by the Administrator, adjusting the insulation blanket installation, (e) At the earlier of the times specified in the Federal Aviation Administration and inspecting and cleaning the strut and paragraphs (e)(1) and (e)(2) of this AD: amends part 39 of the Federal Aviation strut drain ports/screens); and, if applicable, Replace the fiberglass fabric pneumatic duct boot with a new NOMEX fabric part, in Regulations (14 CFR part 39) as follows: repeat the fuel line inspection at the applicable time in the Accomplishment accordance with Boeing Service Bulletin Instructions of the service bulletin. Do the 747–36–2118, dated January 28, 1993. PART 39—AIRWORTHINESS (1) Within 12 months after the effective DIRECTIVES corrective and follow-on actions in accordance with Service Bulletin 747–36– date of this AD; or ■ 1. The authority citation for part 39 2111. If, after corrective actions have been (2) Before further flight following detection of any torn boot; or within 5 days following continues to read as follows: performed, a clearance of at least 0.40 inch on the number 4 strut cannot be achieved: detection of any torn boot, provided there are Authority: 49 U.S.C. 106(g), 40113, 44701. Before further flight, replace the fuel tube no leaks, liquid fuel, or vapors in the affected with a new part in accordance with Boeing strut compartment. § 39.13 [Amended] Service Bulletin 747–28–2162, dated July 30, Installation of Flame Arrestor ■ 2. Section 39.13 is amended by adding 1992. the following new airworthiness (f) For airplanes identified in Boeing Note 3: For the purposes of this AD, a Service Bulletin 747–54–2137, dated directive: detailed inspection is defined as: ‘‘An February 6, 1992: Within 24 months after the 2003–16–06 Boeing: Amendment 39–13259. intensive visual examination of a specific effective date of this AD, install a flame Docket 2001–NM–232–AD. structural area, system, installation, or arrestor in each aft condensate drain hole of assembly to detect damage, failure, or Applicability: Model 747 series airplanes the outboard engine struts, in accordance irregularity. Available lighting is normally equipped with General Electric CF6–45 or with the Accomplishment Instructions of the supplemented with a direct source of good CF6–50 series engines, certificated in any service bulletin. lighting at intensity deemed appropriate by category. the inspector. Inspection aids such as mirror, Installation of Drain Screen Note 1: This AD applies to each airplane magnifying lenses, etc., may be used. Surface (g) For Group 2 and Group 4 airplanes identified in the preceding applicability cleaning and elaborate access procedures listed in Boeing Service Bulletin 747–54– provision, regardless of whether it has been may be required.’’ 2122, Revision 4, dated August 29, 1991, as modified, altered, or repaired in the area revised by Notice of Status Change 747–54– subject to the requirements of this AD. For Fuel Leak Check and Outboard Strut Drain 2122 NSC 2, dated May 14, 1992; and airplanes that have been modified, altered, or Inspection Information Notice 747–54–2122 IN 03, dated repaired so that the performance of the (b) Within 12 months after the effective August 19, 1999: Within 24 months after the requirements of this AD is affected, the date of this AD, perform a fuel pressure leak effective date of this AD, install a drain line owner/operator must request approval for an check of the fuel line in the outboard strut entry screen at each drain tube entry at the alternative method of compliance in area, and perform an outboard strut drain test outboard strut positions, in accordance with accordance with paragraph (i) of this AD. The for the aft strut drain tubes to detect the Accomplishment Instructions of the request should include an assessment of the blockage; in accordance with the service bulletin. Where the service bulletin effect of the modification, alteration, or repair Accomplishment Instructions of Boeing specifies that certain actions may be on the unsafe condition addressed by this Special Attention Service Bulletin 747–28– accomplished in accordance with an AD; and, if the unsafe condition has not been 2230, dated September 30, 1999. If any operator’s ‘‘equivalent procedure’: Those eliminated, the request should include discrepancy is found, before further flight, actions must be accomplished in accordance specific proposed actions to address it. perform applicable corrective actions with the applicable Boeing 747 Airplane Compliance: Required as indicated, unless (including performing the fuel pressure Maintenance Manual subject specified in the accomplished previously. check procedure, clearing the strut drain service bulletin. To prevent leaking fuel line couplings, tubes, and repairing seal leaks) in accordance (h) Installation of drain screens before the chafed fuel lines, restricted or clogged strut with the service bulletin. effective date of this AD is also acceptable for drain lines, fluids or vapors migrating to compliance with the requirements of Replacement of O-Rings and Retaining Rings ignition sources, and flashback of external paragraph (g) of this AD if accomplished in flame into the strut, which could result in (c) At the earliest of the times specified by accordance with Boeing Service Bulletin uncontained engine strut fire, accomplish the paragraphs (c)(1), (c)(2), and (c)(3) of this AD, 747–54–2122, Revision 1, dated December following: replace the fuel line coupling O-rings and 14, 1989; Revision 2, dated May 3, 1990; or retaining rings in the outboard strut positions Inspection for Chafing and Clearance Revision 3, dated October 4, 1990. with new Nitrile O-rings, part number Note 2: Paragraph (a) of this AD refers to MS29513–330, in accordance with Boeing Alternative Methods of Compliance certain portions of Boeing Service Bulletin Service Letter 747–SL–28–052–B, dated (i) An alternative method of compliance or 747–36–2111, dated February 20, 1992, for August 30, 1998. Replace the rings thereafter adjustment of the compliance time that information regarding inspection and at the time specified by paragraph (d) of this provides an acceptable level of safety may be measurement actions. Further, paragraph (a) AD. used if approved by the Manager, Seattle

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Aircraft Certification Office (ACO), FAA. DEPARTMENT OF TRANSPORTATION Model A319, A320, and A321 series Operators shall submit their requests through airplanes equipped with certain cockpit an appropriate FAA Principal Maintenance Federal Aviation Administration lateral fixed windows manufactured by Inspector, who may add comments and then PPG Aerospace was published in the send it to the Manager, Seattle ACO. 14 CFR Part 39 Federal Register on April 11, 2003 (68 Note 4: Information concerning the [Docket No. 2002–NM–16–AD; Amendment FR 17757). That action proposed to existence of approved alternative methods of 39–13260; AD 2003–16–07] require detailed repetitive inspections of compliance with this AD, if any, may be the cockpit lateral fixed windows to obtained from the Seattle ACO. RIN 2120–AA64 detect moisture ingression and delamination, and follow-on/corrective Special Flight Permits Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes actions, as applicable. That action also (j) Special flight permits may be issued in proposed an optional terminating action accordance with sections 21.197 and 21.199 AGENCY: Federal Aviation for the repetitive inspections. of the Federal Aviation Regulations (14 CFR Administration, DOT. Comments 21.197 and 21.199) to operate the airplane to ACTION: Final rule. a location where the requirements of this AD Interested persons have been afforded can be accomplished. SUMMARY: This amendment adopts a an opportunity to participate in the new airworthiness directive (AD), making of this amendment. A single Incorporation by Reference applicable to certain Airbus Model comment which concurred with the (k) Unless otherwise specified in this AD, A319, A320, and A321 series airplanes proposed AD was submitted. the actions shall be done in accordance with equipped with certain cockpit lateral Boeing Service Bulletin 747–36–2111, dated fixed windows manufactured by PPG Conclusion February 20, 1992; Boeing Service Bulletin Aerospace. This amendment requires After careful review of the available 747–28–2162, dated July 30, 1992; Boeing detailed repetitive inspections of the data, the FAA has determined that air Special Attention Service Bulletin 2 747–28– cockpit lateral fixed windows to detect safety and the public interest require the 2230, dated September 30, 1999; Boeing moisture ingression and delamination, adoption of the rule as proposed. Service Letter 747-SL–28–052-B, dated and follow-on/corrective actions, as However, the language in the Summary August 30, 1998; Boeing Service Bulletin applicable. This AD also provides for an and the Supplementary Information 747–36–2118, dated January 28, 1993; Boeing optional terminating action for the sections of this preamble has been Service Bulletin 747–54–2137, dated repetitive inspections. The actions revised to clarify that ‘‘detailed February 6, 1992; and Boeing Service specified by this AD are intended to repetition inspections’’ rather than ‘‘a Bulletin 747–54–2122, Revision 4, dated prevent moisture ingression and detailed inspection,’’ are required until August 29, 1991, as revised by Notice of delamination of the cockpit lateral fixed the optional terminating action is Status Change 747–54–2122 NSC 2, dated windows, which could result in the loss accomplished. May 14, 1992, and Information Notice 747– of the outer glass ply, and consequent 54–2122 IN 03, dated August 19, 1999; as Changes to 14 CFR Part 39/Effect on the damage to the airplane and injury to applicable. AD people or damage to property on the This incorporation by reference was ground. This action is intended to On July 10, 2002, the FAA issued a approved by the Director of the Federal address the identified unsafe condition. new version of 14 CFR part 39 (67 FR Register in accordance with 5 U.S.C. 552(a) 47997, July 22, 2002), which governs the and 1 CFR part 51. Copies may be obtained DATES: Effective September 12, 2003. The incorporation by reference of FAA’s airworthiness directives system. from Boeing Commercial Airplane Group, The regulation now includes material P.O. Box 3707, Seattle, Washington 98124– certain publications listed in the regulations is approved by the Director that relates to altered products, special 2207. Copies may be inspected at the FAA, flight permits, and alternative methods Transport Airplane Directorate, 1601 Lind of the Federal Register as of September 12, 2003. of compliance. However, for clarity and Avenue, SW., Renton, Washington; or at the consistency in this final rule, we have ADDRESSES: The service information Office of the Federal Register, 800 North retained the language of the NPRM referenced in this AD may be obtained Capitol Street, NW., suite 700, Washington, regarding that material. DC. from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, Cost Impact Effective Date France. This information may be After the proposed AD was issued, we (l) This amendment becomes effective on examined at the FAA, Transport reviewed the figures we use to calculate September 12, 2003. Airplane Directorate, 1601 Lind the labor rate to do the required actions. Issued in Renton, Washington, on July 31, Avenue, SW., Renton, Washington; or at To account for various inflationary costs 2003. the Office of the Federal Register, 800 in the airline industry, we find it Ali Bahrami, North Capitol Street, NW., suite 700, appropriate to increase the labor rate Washington, DC. Acting Manager, Transport Airplane used in these calculations from $60 per Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Dan work hour to $65 per work hour. The [FR Doc. 03–19981 Filed 8–7–03; 8:45 am] Rodina, Aerospace Engineer, economic impact information below has International Branch, ANM–116, FAA, BILLING CODE 4910–13–P been revised to reflect this increase in Transport Airplane Directorate, 1601 the specified hourly labor rate. Lind Avenue, SW., Renton, Washington The FAA estimates that 36 Airbus 98055–4056; telephone (425) 227–2125; Model A319, A320, and A321 series fax (425) 227–1149. airplanes of U.S. registry will be affected SUPPLEMENTARY INFORMATION: A by this AD, that it will take proposal to amend part 39 of the Federal approximately 2 work hours per Aviation Regulations (14 CFR part 39) to airplane to accomplish the detailed include an airworthiness directive (AD) inspections to identify moisture that is applicable to certain Airbus ingression of certain identified cockpit

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lateral fixed windows, and that the Authority: 49 U.S.C. 106(g), 40113, 44701. (ii) Within 500 flight hours after the average labor rate is $65 per work hour. inspection required by paragraph (a) of this § 39.13 [Amended] Based on these figures, the cost impact AD: Replace the cockpit lateral fixed of the AD on U.S. operators is estimated ■ 2. Section 39.13 is amended by adding windows with new windows having P/N NP– 165313–1 or NP–165313–2, and S/N to be $4,680, or $130 per airplane, per the following new airworthiness directive: 95001H0001 or above (PPG Aerospace inspection cycle. manufacturing date January 1, 1995, or after); The cost impact figure discussed 2003–16–07 Airbus: Amendment 39–13260. or with new windows having P/N NP– above is based on assumptions that no Docket 2002–NM–16–AD. 165313–3 or NP–165313–4; per the operator has yet accomplished any of Applicability: Model A319, A320, and Accomplishment Instructions of the service the requirements of this AD action, and A321 series airplanes, certificated in any bulletin. Accomplishment of the replacement that no operator would accomplish category, equipped with PPG Aerospace terminates the requirements of this AD. those actions in the future if this AD cockpit lateral fixed windows having part (2) If any urethane degradation is found: were not adopted. The cost impact number (P/N) NP–165313–1 or NP–165313– Within 50 flight hours after the inspection required by paragraph (a) of this AD, figures discussed in AD rulemaking 2, and having a serial number (S/N) below 95001H0001 (PPG Aerospace manufacturing accomplish the replacement specified in actions represent only the time date before January 1, 1995). paragraph (a)(1)(ii) of this AD. necessary to perform the specific actions Note 1: This AD applies to each airplane (3) If any delamination is found: Before actually required by the AD. These identified in the preceding applicability further flight, measure the length of the figures typically do not include provision, regardless of whether it has been delamination per the Accomplishment incidental costs, such as the time modified, altered, or repaired in the area Instructions of the service bulletin. required to gain access and close up, subject to the requirements of this AD. For (i) If the length of the delamination is less planning time, or time necessitated by airplanes that have been modified, altered, or than or equal to 1.0 inch (25.4 millimeters other administrative actions. repaired so that the performance of the (mm)): Accomplish the actions specified in requirements of this AD is affected, the paragraph (a)(1)(i) or (a)(1)(ii) of this AD. Regulatory Impact owner/operator must request approval for an (ii) If the length of the delamination is greater than 1.0 inch (25.4 mm): Within 50 The regulations adopted herein will alternative method of compliance in accordance with paragraph (c) of this AD. flight hours after the inspection required by not have a substantial direct effect on The request should include an assessment of paragraph (a) of this AD, accomplish the the States, on the relationship between the effect of the modification, alteration, or actions specified in paragraph (a)(1)(ii) of this the national Government and the States, repair on the unsafe condition addressed by AD. or on the distribution of power and this AD; and, if the unsafe condition has not responsibilities among the various been eliminated, the request should include Note 3: The Airbus service bulletin specific proposed actions to address it. references PPG Aerospace Service Bulletin levels of government. Therefore, it is NP–165313–56–001, dated May 15, 2001, as determined that this final rule does not Compliance: Required as indicated, unless an additional source of service information have federalism implications under accomplished previously. for accomplishing the applicable actions Executive Order 13132. To prevent moisture ingression and required by this AD. For the reasons discussed above, I delamination of the cockpit lateral fixed windows, which could result in the loss of Actions Accomplished per Previous Issue of certify that this action (1) is not a the outer glass ply and consequent damage to Service Bulletin ‘‘significant regulatory action’’ under the airplane and injury to people or damage Executive Order 12866; (2) is not a to property on the ground, accomplish the (b) Actions accomplished before the ‘‘significant rule’’ under DOT following: effective date of this AD, per Airbus Service Regulatory Policies and Procedures (44 Bulletin A320–56–1009, dated August 30, Repetitive Inspections and Replacement, if 2001, are considered acceptable for FR 11034, February 26, 1979); and (3) Necessary will not have a significant economic compliance with the actions required by this (a) Within 500 flight hours after the AD. impact, positive or negative, on a effective date of this AD, perform a detailed Information Collection substantial number of small entities inspection to detect urethane degradation or under the criteria of the Regulatory delamination of the outer glass ply; per the (c) Although the service bulletin referenced Flexibility Act. A final evaluation has Accomplishment Instructions of Airbus in this AD specifies to submit information been prepared for this action and it is Service Bulletin A320–56–1009, Revision 01, the manufacturer, this AD does not include contained in the Rules Docket. A copy including Appendix 01, dated July 4, 2002. such a requirement. of it may be obtained from the Rules Note 2: For the purposes of this AD, a Alternative Methods of Compliance Docket at the location provided under detailed inspection is defined as: ‘‘An (d) An alternative method of compliance or the caption ADDRESSES. intensive visual examination of a specific adjustment of the compliance time that structural area, system, installation, or List of Subjects in 14 CFR Part 39 provides an acceptable level of safety may be assembly to detect damage, failure, or used if approved by the Manager, Air transportation, Aircraft, Aviation irregularity. Available lighting is normally International Branch, ANM–116, FAA, supplemented with a direct source of good safety, Incorporation by reference, Transport Airplane Directorate. Operators lighting at intensity deemed appropriate by shall submit their requests through an Safety. the inspector. Inspection aids such as mirror, appropriate FAA Principal Maintenance magnifying lenses, etc., may be used. Surface Adoption of the Amendment Inspector, who may add comments and then cleaning and elaborate access procedures send it to the Manager, International Branch, ■ may be required.’’ Accordingly, pursuant to the authority ANM–116. delegated to me by the Administrator, (1) If no urethane degradation or the Federal Aviation Administration delamination is found: Accomplish the Note 4: Information concerning the amends part 39 of the Federal Aviation actions specified in paragraph (a)(1)(i) or existence of approved alternative methods of Regulations (14 CFR part 39) as follows: (a)(1)(ii) of this AD. compliance with this AD, if any, may be (i) Repeat the inspection required by obtained from the International Branch, PART 39—AIRWORTHINESS paragraph (a) of this AD thereafter at ANM–116. DIRECTIVES intervals not to exceed 500 flight hours, until the replacement specified in paragraph Special Flight Permits ■ 1. The authority citation for part 39 (a)(1)(ii) of this AD has been accomplished; (e) Special flight permits may be issued in continues to read as follows: or accordance with sections 21.197 and 21.199

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of the Federal Aviation Regulations (14 CFR new bushings, which terminates the bushings are in the correct orientation, 21.197 and 21.199) to operate the airplane to repetitive inspections; and replacement and follow-on actions. a location where the requirements of this AD of the bushing markers with new Explanation of Relevant Service can be accomplished. markers, if necessary, to indicate the Information Incorporation by Reference correct bushing orientation. For certain (f) Unless otherwise specified, the actions other airplanes, this AD requires a one- The proposed AD cited Boeing shall be done in accordance with Airbus time inspection to determine whether Service Bulletin 747–57–2166, Revision Service Bulletin A320–56–1009, Revision 01, the bushings are in the correct 5, dated May 13, 1993, as the including Appendix 01, dated July 4, 2002. orientation, and follow-on actions. The appropriate source of service This incorporation by reference was actions specified by this AD are information for accomplishment of the approved by the Director of the Federal intended to prevent the loss of an proposed requirements. Since the Register in accordance with 5 U.S.C. 552(a) inboard trailing edge foreflap during proposed AD was issued, Boeing has and 1 CFR part 51. Copies may be obtained further revised the service bulletin; from Airbus Industrie, 1 Rond Point Maurice flight, and subsequent damage to the airplane in flight. This action is however, Revision 6, dated January 16, Bellonte, 31707 Blagnac Cedex, France. 2003, adds no new requirements. Copies may be inspected at the FAA, intended to address the identified Transport Airplane Directorate, 1601 Lind unsafe condition. Comments Avenue, SW., Renton, Washington; or at the DATES: Effective September 12, 2003. Interested persons have been afforded Office of the Federal Register, 800 North The incorporation by reference of Capitol Street, NW., suite 700, Washington, an opportunity to participate in the DC. certain publications listed in the making of this amendment. Due regulations is approved by the Director consideration has been given to the Note 5: The subject of this AD is addressed of the Federal Register as of September comments received. in French airworthiness directive 2001– 12, 2003. 632(B), dated December 26, 2001. Request To Withdraw Proposed AD ADDRESSES: The service information Effective Date referenced in this AD may be obtained One operator disagrees that the proposed AD is necessary or justified. (g) This amendment becomes effective on from Boeing Commercial Airplane September 12, 2003. Group, P.O. Box 3707, Seattle, The operator questions the need for additional rulemaking in light of Issued in Renton, Washington, on July 31, Washington 98124–2207. This information may be examined at the existing regulatory actions that address 2003. a similar incident and unsafe condition. Ali Bahrami, Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules The operator notes that inspection of the Acting Manager, Transport Airplane bushings that are the subject of the Directorate, Aircraft Certification Service. Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of proposed AD is also required by AD 92– [FR Doc. 03–19982 Filed 8–7–03; 8:45 am] the Federal Register, 800 North Capitol 27–04, amendment 39–8437 (57 FR BILLING CODE 4910–13–P Street, NW., suite 700, Washington, DC. 59801, December 16, 1992), as corrected (58 FR 8693, February 17, 1993). In FOR FURTHER INFORMATION CONTACT: Gary addition, the operator considers the DEPARTMENT OF TRANSPORTATION Oltman, Aerospace Engineer, Airframe incident described in the proposed AD Branch, ANM–120S, FAA, Seattle (involving a foreflap separating from Federal Aviation Administration Aircraft Certification Office, 1601 Lind and colliding with an airplane in flight) Avenue, SW., Renton, Washington to be the same situation addressed by 14 CFR Part 39 98055–4056; telephone (425) 917–6443; AD 99–05–02, amendment 39–11051 (64 fax (425) 917–6590. [Docket No. 2001–NM–117–AD; Amendment FR 9906, March 1, 1999). The operator 39–13261; AD 2003–16–08] SUPPLEMENTARY INFORMATION: A further suggests that the proposed proposal to amend part 39 of the Federal requirement to permanently install RIN 2120–AA64 Aviation Regulations (14 CFR part 39) to markers would subject the markers to Airworthiness Directives; Boeing include an airworthiness directive (AD) considerable wear and, in combination Model 747–100, –100B, –100B SUD, that is applicable to certain Boeing with other related ADs, could have long- –200B, –200C, –200F, –300, –400, Model 747–100, –100B, –100B SUD, term and costly effects on operations –400D, and –400F Series Airplanes; –200B, –200C, –200F, –300, –400, and maintenance. Moreover, the and Model 747SR Series Airplanes –400D, and –400F series airplanes; and operator doubts that incorrect markers Model 747SR series airplanes; was would still be installed on airplanes AGENCY: Federal Aviation published in the Federal Register on after 8 years in service, asserting that the Administration, DOT. January 4, 2002 (67 FR 544). For certain manufacturer has purged all stocks of ACTION: Final rule. airplanes, that action proposed to incorrect markers. require repetitive inspections of the The FAA does not concur with the SUMMARY: This amendment adopts a clevis bushings on the inboard and request to withdraw the proposed AD. new airworthiness directive (AD), outboard sequence carriages of the wing In the incident that led to this applicable to certain Boeing Model 747– foreflap for bushing migration, and rulemaking, the foreflap departed the 100, –100B, –100B SUD, –200B, –200C, corrective action if necessary; airplane during flight and collided with –200F, –300, –400, –400D, and –400F replacement of existing bushings with the fuselage, resulting in a 51⁄2-foot by series airplanes; and Model 747SR new bushings, which would terminate 3-foot hole in the fuselage—despite the series airplanes. For certain airplanes, the repetitive inspections; and prior accomplishment of the this AD requires repetitive inspections replacement of the bushing markers requirements of AD 92–27–04 on that of the clevis bushings on the inboard with new markers, if necessary, to airplane. This incident illustrates the and outboard sequence carriages of the indicate the correct bushing orientation. danger of large pieces of airplane wing foreflap for bushing migration, and For certain other airplanes, that action structure departing the airplane. AD 99– corrective action if necessary; proposed to require a one-time 05–02 was issued to correct certain replacement of existing bushings with inspection to determine whether the conditions with certain shims and

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fasteners associated with flap carriages operator concludes that paragraphs (a) intent of the requirement is to replace and is not related to the bushing and (b), as written in the proposed AD, all bushings—whether or not the problem addressed by this AD. would have excluded airplanes on bushing installation is properly Also, the commenter did not provide which the production change had been oriented—in accordance with Revision adequate data to support the claim that completed. 5 of the service bulletin. no incorrect markers would still be The FAA concurs with the request, for The FAA agrees that clarification of installed on an airplane after 8 years in the reasons provided by the commenter. the requirement might be necessary. service. Contrary to the commenter’s The intent of paragraphs (a) and (b)—as However, as stated previously, assertion, Boeing reports that its supply well as (c) and (d)—of this AD is to paragraph (c) has been revised in the of incorrect markers has not been consider the status of the bushing final rule. The changes made to purged. When Boeing first revised the installation—regardless of the method paragraph (c) of this AD address this marker to show the correct orientation, followed (i.e., the service bulletin or the commenter’s concerns. the part number of the new marker was production change). Paragraphs (a) Explanation of Additional Changes to the same as the marker showing the through (d) have been revised in the Proposed AD incorrect orientation (part number final rule to reflect this intent. BAC27EWG–24). Boeing created a new Several changes have been made to marker with a new part number Request To Revise Compliance Time the proposed AD. Paragraphs (a) and (b) (BAC27EWG–39). According to Boeing One operator requests that the of the proposed AD specify Service Letter 747–SL–57–77, ‘‘*** proposed grace period and repetitive accomplishment of a ‘‘general visual due to the large numbers of correct inspection interval be revised to inspection.’’ The FAA has BAC27EWG–24 markers already in correspond to the operator’s C-check recharacterized this as a ‘‘detailed stock, the BAC27EWG–39 was made an schedule. The proposed 1,200-flight- inspection’’ in the final rule to clarify option to the correct BAC27EWG–24 cycle interval would not conform to the the type of inspection required; the marker. This may have allowed some of operator’s C-check schedule, so the inspection procedures remain the same. the incorrect BAC27EWG–24 markers to operator would need to schedule Note 1 in this final rule defines a be installed.’’ Therefore, because some intermediate maintenance to comply detailed inspection. markers showing incorrect orientation with the proposed AD. This commenter Paragraph (d) of the proposed AD has may still be installed on affected suggests that the proposed grace period been retitled ‘‘Part Installation’’ to more airplanes, the FAA finds it necessary to and repetitive inspection interval be accurately identify the requirement. In issue this AD. changed to ‘‘1,200 flight cycles or 18 addition, the text of paragraph (d) has Request To Reconcile Applicability months, whichever occurs later,’’ which been revised for clarification. would allow the inspections to be Although the applicability identified One commenter identifies a difference accomplished during the operator’s in the proposed AD remains the same, between the applicability of the regularly scheduled maintenance. the number of airplanes affected by this proposed AD and the effectivity of The FAA does not concur. Failure of final rule has been corrected (as Service Bulletin 747–57–2166. The the clevis lug is flight-cycle-dependent, specified in the Cost Impact section). proposed AD includes Model 747–400s, not time-dependent. Allowing an 18- Conclusion which are not listed in the service month interval between inspections for bulletin. The commenter requests that high utilization airplanes would not After careful review of the available this disagreement be corrected before provide an acceptable level of safety. No data, including the comments noted the AD is issued. change to the final rule is necessary in above, the FAA has determined that air The FAA acknowledges the this regard. safety and the public interest require the disagreement; however, as explained in adoption of the rule with the changes the proposed AD, Boeing had reported Request To Require Operator To Revise previously described. The FAA has (via Service Letter 747–SL–57–77, dated Maintenance Manual determined that these changes will November 18, 1993) that the subject One operator suggests that the Boeing neither increase the economic burden incorrect markers may also be installed 747 Airplane Maintenance Manual may on any operator nor increase the scope on Model 747–400 airplanes. Model contribute to the identified unsafe of the AD. 747–400 airplanes (except the Model condition because the Boeing overhaul Changes to 14 CFR Part 39/Effect on the 747SP, which has flaps of a different manual (referenced in the maintenance Proposed AD design) are correctly included in the manual) does not specify that the applicability of this AD. No change to bushings be installed in the orientation On July 10, 2002, the FAA issued a the final rule is necessary regarding this specified in the proposed AD. The new version of 14 CFR part 39 (67 FR issue. operator adds that a manual revision 47997, July 22, 2002), which governs the FAA’s airworthiness directives system. Request To Revise Identity of Airplanes would be more effective than an AD in The regulation now includes material Affected by Certain Requirements addressing the unsafe condition. The FAA disagrees. The operator may that relates to altered products, special One operator requests that paragraphs have been considering a now-obsolete flight permits, and alternative methods (a) and (b) of the proposed AD be airplane maintenance manual; the most of compliance (AMOCs). The office revised to clarify the group of airplanes recent version of the maintenance authorized to approve AMOCs is subject to those proposed requirements. manual specifies the correct installation identified in paragraph (e) of this Paragraphs (a) and (b), as proposed, of the bushing. No change to the final proposed AD. identify airplanes with respect to rule is necessary in this regard. bushing replacement done in Change to Labor Rate Estimate accordance with a certain service Request To Clarify Terminating Action We have reviewed the figures we have bulletin. However, for certain airplanes Requirement used over the past several years to (i.e., those with line numbers after 316), One commenter requests clarification calculate AD costs to operators. To the bushings were installed correctly by of paragraph (c) of the proposed AD. account for various inflationary costs in means of a production change. The The commenter questions whether the the airline industry, we find it necessary

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to increase the labor rate used in these List of Subjects in 14 CFR Part 39 (2) For any discrepant bushing: Prior to calculations from $60 per work hour to further flight, replace the discrepant bushing Air transportation, Aircraft, Aviation with a new bushing and, if applicable, $65 per work hour. The cost impact safety, Incorporation by reference, information, below, reflects this replace the bushing marker with a new Safety. marker, in accordance with Boeing Service increase in the specified hourly labor Bulletin 747–57–2166, Revision 5, dated May rate. Adoption of the Amendment 13, 1993; or Revision 6, dated January 16, 2003. No further action is required by this Cost Impact ■ Accordingly, pursuant to the authority delegated to me by the Administrator, AD for that bushing only. There are approximately 731 the Federal Aviation Administration Note 2: It is not necessary to replace the airplanes of the affected design in the amends part 39 of the Federal Aviation marker if the marker installed on the airplane worldwide fleet. The FAA estimates that shows the correct bushing orientation (flange Regulations (14 CFR part 39) as follows: reversed, as shown in NEW 137 airplanes of U.S. registry will be PART 39—AIRWORTHINESS CONFIGURATION, Figure 1, of Boeing affected by this AD, that it will take Service Bulletin 747–57–2166, Revision 5, approximately 7 work hours per DIRECTIVES dated May 13, 1993; and Revision 6, dated airplane to accomplish the required ■ 1. The authority citation for part 39 January 16, 2003). actions, and that the average labor rate continues to read as follows: is $65 per work hour. The cost of Inspection (Bushings Replaced) required parts is negligible. Based on Authority: 49 U.S.C. 106(g), 40113, 44701. (b) For airplanes having line numbers 1 these figures, the cost impact of the AD through 316 inclusive on which the bushings § 39.13 [Amended] have been replaced before the effective date on U.S. operators is estimated to be ■ of this AD in accordance with any $62,335, or $455 per airplane. 2. Section 39.13 is amended by adding the following new airworthiness instructions other than Boeing Service The cost impact figure discussed directive: Bulletin 747–57–2166, Revision 5, dated May above is based on assumptions that no 13, 1993; or Revision 6, dated January 16, 2003–16–08 Boeing: Amendment 39–13261. operator has yet accomplished any of 2003; and for airplanes having line numbers Docket 2001–NM–117–AD. 317 through 1009 inclusive, except line the requirements of this AD action, and Applicability: Model 747–100, –100B, numbers 968, 999, 1004, and 1007: Prior to that no operator would accomplish –100B SUD, –200B, –200C, –200F, –300, the accumulation of 5,000 total flight cycles, those actions in the future if this AD –400, –400D, and –400F series airplanes; and or within 1,200 flight cycles after the were not adopted. The cost impact Model 747SR series airplanes; certificated in effective date of this AD, whichever occurs figures discussed in AD rulemaking any category; line numbers 1 through 1009, later, perform a one-time detailed inspection actions represent only the time except 968, 999, 1004, and 1007. of the orientation of the bushings of the necessary to perform the specific actions Compliance: Required as indicated, unless clevis on the inboard and outboard sequence actually required by the AD. These accomplished previously. carriages, flap tracks 3, 4, 5, and 6 of the To prevent the loss of an inboard trailing inboard trailing edge foreflap. Do the actions figures typically do not include edge foreflap during flight, and subsequent in accordance with Boeing Service Bulletin incidental costs, such as the time damage to the airplane in flight, accomplish 747–57–2166, Revision 5, dated May 13, required to gain access and close up, the following: 1993; or Revision 6, dated January 16, 2003. planning time, or time necessitated by For airplanes having line numbers 1 through other administrative actions. Inspections (Bushings Not Yet Replaced) 316 inclusive on which a bushing has been (a) For airplanes having line numbers 1 replaced before the effective date of this AD Regulatory Impact through 316 on which the bushings have not in accordance with Boeing Service Bulletin been replaced prior to the effective date of 747–57–2166, Revision 5, dated May 13, The regulations adopted herein will this AD: Prior to the accumulation of 5,000 1993; or Revision 6, dated January 16, 2003: not have a substantial direct effect on total flight cycles, or within 1,200 flight This AD requires no further action for that the States, on the relationship between cycles after the effective date of this AD, bushing only. the national Government and the States, whichever occurs later, perform a detailed (1) For each bushing that is oriented or on the distribution of power and inspection for migration of the bushings of correctly: Within 5 years after the effective responsibilities among the various the clevis on the inboard and outboard date of this AD, replace the markers installed sequence carriages, flap tracks 3, 4, 5, and 6 on the airplane with new markers, as levels of government. Therefore, it is of the inboard trailing edge foreflap. Do the applicable, in accordance with Boeing determined that this final rule does not inspection in accordance with Boeing Service Service Bulletin 747–57–2166, Revision 5, have federalism implications under Bulletin 747–57–2166, Revision 5, dated May dated May 13, 1993; or Revision 6, dated Executive Order 13132. 13, 1993; or Revision 6, dated January 16, January 16, 2003. For the reasons discussed above, I 2003. Note 3: It is not necessary to replace the certify that this action (1) is not a Note 1: For the purposes of this AD, a marker if the marker installed on the airplane ‘‘significant regulatory action’’ under detailed inspection is defined as: ‘‘An shows the correct bushing orientation (flange intensive visual examination of a specific reversed, as shown in NEW Executive Order 12866; (2) is not a structural area, system, installation, or CONFIGURATION, Figure 1, of Boeing ‘‘significant rule’’ under DOT assembly to detect damage, failure, or Service Bulletin 747–57–2166, Revision 5, Regulatory Policies and Procedures (44 irregularity. Available lighting is normally dated May 13, 1993; and Revision 6, dated FR 11034, February 26, 1979); and (3) supplemented with a direct source of good January 16, 2003). will not have a significant economic lighting at intensity deemed appropriate by (2) For any bushing that is oriented impact, positive or negative, on a the inspector. Inspection aids such as mirror, incorrectly: Prior to further flight, perform a substantial number of small entities magnifying lenses, etc., may be used. Surface detailed inspection of the bushing for under the criteria of the Regulatory cleaning and elaborate access procedures bushing migration, in accordance with may be required.’’ Flexibility Act. A final evaluation has Boeing Service Bulletin 747–57–2166, been prepared for this action and it is (1) For each nondiscrepant bushing (with Revision 5, dated May 13, 1993; or Revision no migration): Repeat the inspection of that 6, dated January 16, 2003. contained in the Rules Docket. A copy bushing at intervals not to exceed 1,200 flight (i) For each nondiscrepant bushing (with of it may be obtained from the Rules cycles, until the terminating action required no migration): Repeat the inspection Docket at the location provided under by paragraph (c) of this AD has been specified in paragraph (b)(2) of this AD at the caption ADDRESSES. accomplished. intervals not to exceed 1,200 flight cycles,

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until the terminating action required by Revision 5, dated May 13, 1993; or Boeing Statements and Annual Reports; and paragraph (c) of this AD has been Service Bulletin 747–57–2166, Revision 6, conforming various signature accomplished. dated January 16, 2003. This incorporation requirements. Further, the Commission (ii) For any discrepant bushing: Prior to by reference was approved by the Director of is addressing certain issues related to further flight, replace the discrepant bushing the Federal Register in accordance with 5 with a new bushing and, if applicable, U.S.C. 552(a) and 1 CFR part 51. Copies may the calculation and presentation of past replace the bushing marker with a new be obtained from Boeing Commercial performance by CPOs and CTAs not marker, in accordance with the service Airplane Group, P.O. Box 3707, Seattle, addressed in the recent final rulemaking bulletin. No further action is required by this Washington 98124–2207. Copies may be on CPO and CTA past performance. paragraph for that bushing only. inspected at the FAA, Transport Airplane DATES: Effective August 8, 2003 except Directorate, 1601 Lind Avenue, SW., Renton, Note 4: It is not necessary to replace the § 4.35(a)(1)(viii) which is effective marker if the marker installed on the airplane Washington; or at the Office of the Federal shows the correct bushing orientation (flange Register, 800 North Capitol Street, NW., suite September 8, 2003. reversed, as shown in NEW 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: For CONFIGURATION, Figure 1, of Boeing Effective Date all rules other than Rule 4.35(a), Barbara Service Bulletin 747–57–2166, Revision 5, (g) This amendment becomes effective on S. Gold, Associate Director, or dated May 13, 1993; and Revision 6, dated Christopher W. Cummings, Special January 16, 2003). September 12, 2003. Counsel, and for Rule 4.35(a), Kevin P. Issued in Renton, Washington, on July 31, Terminating Action Walek, Assistant Director, or Eileen 2003. Chotiner, Futures Trading Specialist, (c) Within 5 years after the effective date Ali Bahrami, of this AD: Replace the existing bushings of Division of Clearing and Intermediary the clevis on the inboard and outboard Acting Manager, Transport Airplane Oversight, Commodity Futures Trading sequence carriages, in flap tracks 3, 4, 5, and Directorate, Aircraft Certification Service. Commission, 1155 21st Street, NW., 6 of the inboard trailing edge foreflap. Do the [FR Doc. 03–19983 Filed 8–7–03; 8:45 am] Washington, DC 20581, telephone actions in accordance with Boeing Service BILLING CODE 4910–13–P numbers: (202) 418–5450, (202) 418– Bulletin 747–57–2166, Revision 5, dated May 5445, (202) 418–5463, or (202) 418– 13, 1993; or Revision 6, dated January 16, 2003. Replacement of the bushings in 5467, respectively; facsimile number: accordance with Boeing Service Bulletin COMMODITY FUTURES TRADING (202) 418–5528; and electronic mail: 747–57–2166, Revision 4, dated December 6, COMMISSION [email protected], [email protected], 1990, or previous revision, is acceptable, [email protected] or [email protected], provided the bushings are inspected as 17 CFR Part 4 respectively. required by paragraph (b) of this AD and RIN 3038–AB97 found to be in the correct orientation. The SUPPLEMENTARY INFORMATION: initial bushing installation by the Additional Registration and Other Table of Contents manufacturer for airplanes having line Regulatory Relief for Commodity Pool numbers 317 and subsequent is also I. Background on the Proposal for Additional acceptable, provided the bushings are Operators and Commodity Trading Registration and Other Regulatory Relief inspected at the specified time and as Advisors; Past Performance Issues for CPOs and CTAs required by paragraph (b) of this AD and A. Statutory and Regulatory Authorities AGENCY: found to be in the correct orientation. Also, Commodity Futures Trading B. The Proposal as applicable, before further flight, replace Commission. C. The Comments on the Proposal the markers installed on the airplane with ACTION: Final rules. D. Significant Changes from the Proposal new markers in accordance with Boeing II. Responses to the Comments on the Service Bulletin 747–57–2166, Revision 5, SUMMARY: The Commodity Futures Proposal dated May 13, 1993; or Revision 6, dated Trading Commission (Commission or A. Amendment to Rule 4.5: Deleting January 16, 2003. Replacement of all CFTC) is amending rules which provide Trading and ‘‘No Marketing’’ Criteria for bushings, and markers as applicable, an exclusion from the definition of the Exclusion from the CPO Definition terminates the requirements of this AD. term ‘‘commodity pool operator’’ (CPO) B. Amendments to Rule 4.13: Adding CPO Note 5: It is not necessary to replace the Registration Exemptions for certain persons, and which provide 1. Use of Terms under the Federal marker if the marker installed on the airplane exemption from CPO and commodity shows the correct bushing orientation (flange Securities Laws reversed, as shown in NEW trading advisor (CTA) registration, 2. New Rule 4.13(a)(3): Adding an CONFIGURATION, Figure 1, of Boeing respectively, for certain other persons, Exemption where Commodity Interest Service Bulletin 747–57–2166, Revision 5, so as to expand the availability of the Trading is Limited and Pool Participants dated May 13, 1993; and Revision 6, dated relief provided by these rules. These are Sophisticated January 16, 2003). amendments supercede the no-action a. In General relief the Commission previously issued b. New Appendix A to Part 4: ‘‘Fund-of- Part Installation with respect to the trading criteria for Funds’’ (d) As of the effective date of this AD, no 3. New Rule 4.13(a)(4): Adding an certain persons and the need to register Exemption where Pool Participants are person shall install on any airplane a carriage as a CPO or CTA for certain other and toggle assembly unless the requirements Highly Sophisticated of paragraph (c) of this AD have been persons. The Commission also is 4. Alternative Proposal for Relief accomplished for that assembly. amending its rules to facilitate C. Amendments to Rule 4.14: Adding and communications by CPOs and CTAs, by Expanding CTA Registration Exemptions Alternative Methods of Compliance permitting certain communications 1. New Rule 4.14(a)(8)(i)(D): Adding an (e) In accordance with 14 CFR 39.19, the prior to Disclosure Document delivery; Exemption where Advice is to Rules Manager, Seattle ACO, is authorized to relieving CPOs from duplicative 4.13(a)(3) and (a)(4) Pools approve alternative methods of compliance disclosure and reporting requirements 2. New Rule 4.14(a)(10): Counting Legal for this AD. Organizations as a Single ‘‘Person’’ in the ‘‘master/feeder fund’’ context; D. Amendments to Rules 4.21, 4.22 and Incorporation by Reference permitting CPOs to distribute Account 4.31 (f) Unless otherwise specified in this AD, Statements and Annual Reports 1. Amended Rules 4.21(a) and 4.31(a): the actions shall be done in accordance with electronically; permitting CPOs to use Permitting Communications Prior to Boeing Service Bulletin 747–57–2166, facsimile signatures on Account Disclosure Document Delivery

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2. New Rule 4.22(i): Distributing Account provide exemptions from CPO to all other provisions of the Act and the Statements and Annual Reports registration. Commission’s rules prohibiting fraud Electronically Section 1a(6)(A) of the Act defines the that apply to CPOs and CTAs, and to all E. Amendments to Rules 4.5, 4.7, 4.12, term commodity trading advisor to other relevant provisions of the Act and 4.13, 4.14 and 4.22: Conforming mean any person who: the Commission’s rules that apply to all Signature Requirements F. Effect of Final Rulemaking (i) For compensation or profit, engages in commodity interest market participants, 1. Effect on Prior Claimants the business of advising others, either such as the general antifraud provisions, 2. Effect of Withdrawal from CPO directly or through publications, writings or prohibitions on manipulation and the Registration on Rule 4.22(c) Annual electronic media, as to the value of or the trade reporting requirements. Report Requirement advisability of trading in— G. Continued Availability of No-Action (I) any contract of sale of a commodity for B. The Proposal Relief from Commission Staff future delivery made or to be made on or On March 17, 2003, the Commission III. Past Performance Presentation Issues subject to the rules of a contract market or published proposed revisions to Rules A. Range of Rates of Return for Closed derivatives transaction execution facility; (II) any commodity option authorized 4.5, 4.13, and 4.14 and various other Accounts rules under part 4 of its regulations B. Use of Composite Draw-down under section 6c of this title; or (III) any leverage transaction authorized (Proposal).9 The Commission based the C. Treatment of Additions and Proposal on a prior Rule 4.5 proposal; 10 Withdrawals in Computing Rate of under section 23 of this title; or Return (ii) For compensation or profit, and as part an Advance Notice of Proposed of a regular business, issues or promulgates D. New Appendix B to Part 4 Rulemaking (ANPR) setting forth analyses or reports concerning any of the IV. Other Matters additional CPO and CTA registration activities referred to in clause (i).3 A. Regulatory Flexibility Act exemptions submitted by the National B. Paperwork Reduction Act Section 4m(1) of the Act also requires Futures Association (NFA) and an C. Cost-Benefit Analysis CTAs to register as such with the additional CPO registration exemption D. Administrative Procedure Act Commission and, along with section submitted by the Managed Funds 11 I. Background on the Proposal for 4m(3) and Rule 4.14, provides Association (MFA); the Commission’s Additional Registration and Other exemption from CTA registration. Roundtable on CPO and CTA Issues If a person is exempt from registration 12 Regulatory Relief for CPOs and CTAs (Roundtable); and generally on its as a CPO or CTA, its associated persons staff’s experience in administering part A. Statutory and Regulatory Authorities (APs) are not required to register as 4 of the regulations (Part 4 Rules). Section 1a(5) of the Commodity such. Further, neither the exempt CPO Specifically, the Commission Exchange Act (Act) defines the term or CTA, nor any of its APs, is required proposed to amend: (1) Rule 4.5, by ‘‘commodity pool operator’’ to mean: to become a member of a registered deleting from the rule any trading futures association. criteria and corresponding disclosure [A]ny person engaged in a business Generally, CPOs and CTAs who are, requirement for eligibility for an that is of the nature of an investment or who are required to be, registered exclusion from the CPO definition; (2) trust, syndicate, or similar form of with the Commission, must provide Rule 4.13, by expanding the availability enterprise, and who, in connection prospective pool participants or of existing relief from CPO registration therewith, solicits, accepts, or receives advisory clients, as the case may be, and providing for additional CPO from others, funds, securities, or with a Disclosure Document containing registration exemptions thereunder; (3) property, either directly or through specified information 4—e.g., the Rule 4.14, similarly by expanding the capital contributions, the sale of stock or business background of the CPO or CTA availability of existing relief from CTA other forms of securities, or otherwise, and its principals, past performance, registration and providing for additional for the purpose of trading in any fees and other expenses, and conflicts of CTA registration exemptions commodity for future delivery on or interest—and they must make and keep thereunder; (4) Rules 4.21 and 4.31, by subject to the rules of any contract specified books and records.5 These permitting certain communications with market or derivatives transaction CPOs also must provide unaudited prospective pool participants and execution facility,* * *1 periodic financial reports and certified managed account clients, respectively, Section 4m(1) of the Act 2 provides, in annual reports to participants in their prior to Disclosure Document delivery; relevant part, that it is unlawful for any pools.6 Additionally, regardless of (5) Rules 4.21 and 4.22, by removing CPO, ‘‘unless registered under (the Act), registration status, all persons who duplicative disclosure and reporting to make use of the mails or any means come within the CPO or CTA definition requirements in the ‘‘master/feeder or instrumentality of interstate are subject to certain operational 7 and fund’’ context; (6) Rule 4.22, by commerce’’ in connection with its advertising requirements 8 under part 4, providing for electronic distribution of business as a CPO. Rules 4.5 and 4.13, Account Statements and Annual 3 7 U.S.C. 1a(6)(A) (2000). 1 7 U.S.C. 1a(5) (2000). Section 1a(5) also provides Section 1a(6) also excludes certain persons not at 9 68 FR 12622. The Proposal may be accessed the Commission with authority to exclude persons issue here from the CTA definition, and provides through http://www.cftc.gov/foia/fedreg03/ from the CPO definition. the Commission with authority to exclude foi030317b.htm. Commission Rule 4.10(d)(1) correspondingly addditional persons from that definition. 10 67 FR 65743 (Oct. 28, 2002). Both the prior defines the term ‘‘pool’’ to mean ‘‘any investment 4 Rule 4.21 for CPOs and Rule 4.31 for CTAs. Rule 4.5 proposal and the comment letters the trust, syndicate or similar form of enterprise 5 Rule 4.23 for CPOs and Rule 4.33 for CTAs. Commission received thereon may be accessed operated for the purpose of trading commodity 6 Rule 4.22. through http://www.cftc.gov/foia/fedreg02/ interests.’’ Unless otherwise noted, Commission 7 Rule 4.20 for CPOs and Rule 4.30 for CTAs. foi021028a.htm. rules cited to herein are found at 17 CFR Ch. I 8 Rule 4.41. 11 67 FR 68785 (Nov. 13, 2002). Both the ANPR (2003). Both the Act and the Commission’s rules While Rules 4.7 and 4.12(b) provide relief for and the comment letters the Commission received issued thereunder can be accessed through the certain registered CPOs from the Disclosure thereon may be accessed through http:// Commission’s Web site, at: http://www.cftc.gov/ Document, periodic and annual reporting, and www.cftc.gov/foia/fedreg02/foi021113a.htm. cftc/cftclawreg.htm. recordkeeping requirements of Rules 4.21, 4.22, and 12 See 68 FR 12622, 12624–25 for a discussion of CFTC Staff Letters issued since 1995 may be 4.23, they do not affect the applicability of Rules the origin and outcome of the Roundtable. accessed through http://www.cftc.gov/ 4.20 and 4.41 to these CPOs. Similarly, CTAs who Comments received in connection with the opaletters.htm. have claimed relief under Rule 4.7 continue to Roundtable may be accessed through http:// 2 7 U.S.C. 6m(1) (2000). remain subject to Rules 4.30 and 4.41. www.cftc.gov/opa/press02/opa4700-02.htm.

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Reports; and (7) Rules 4.7, 4.12, 4.13 In light of these comments, the and the pool participant does not timely and 4.22, by conforming the various Commission generally is adopting the object to such distribution. signature requirements thereof.13 revisions to the Part 4 Rules that it In addition, the Commission is In announcing the Proposal, the proposed. Where the Commission is clarifying: (1) The meaning of the term Commission stated: making a change from the Proposal, it ‘‘aggregate net notional value’’ in Rule The relief the Commission is proposing discusses the change below.18 In the 4.13(a)(3); (2) the effect of this final today is consistent with the purpose and Federal Register release announcing the rulemaking on the Temporary No- intent of the CFMA (Commodity Futures Proposal (Proposing Release), the Action Relief; (3) the applicability of the Modernization Act of 2000), and with the Commission gave a detailed explanation Annual Report requirement to CPOs input the Commission has received in of each rule amendment it had proposed who withdraw from registration in connection with its prior initiatives. . . . to make.19 Accordingly, the scope of reliance upon Rule 4.13(a)(3) or (a)(4); Accordingly, it is intended to allow greater flexibility and innovation, and to take into this Federal Register release generally is and (4) in new Appendix A to Part 4, account market developments and the restricted to the comments received on the application of the Rule 4.13(a)(3) current investment environment, by the Proposal and to the changes to, and trading limit criteria to a broad range of modernizing the requirements for clarifications of, the Proposal that the fund-of-fund situations. determining who should be excluded from Commission is making in response II. Responses to the Comments on the the CPO definition, and who should remain thereto. The Commission encourages Proposal within the CPO and CTA definitions but be interested persons to read the Proposing exempt from registration. Thus, this relief is intended to encourage and facilitate Release for a fuller discussion of the A. Amendment to Rule 4.5: Deleting participation in the commodity interest purpose of each of the amendments Trading and ‘‘No Marketing’’ Criteria for markets by additional collective investment contained in the Proposal. Exclusion From the CPO Definition vehicles and their advisers, with the added The Commission proposed to amend benefit to all market participants of increased D. Significant Changes From the liquidity.14 Proposal the operating criteria of Rule 4.5 by deleting therefrom provisions In connection with issuing the The significant changes from the concerning commodity interest trading Proposal, the Commission also provided Proposal that the Commission is making restrictions and related disclosures.20 temporary no-action relief to Rule 4.5 in the rules it is adopting today are as The Commission explained that the eligible persons and CPOs and CTAs follows: (1) Rule 4.5 no longer contains operating criteria of the rule would who met the trading and other criteria a ‘‘marketing’’ restriction, but it does continue to include the ‘‘no marketing’’ specified therein (Temporary No-Action require disclosure of the fact, and effect, and submission to special calls 15 Relief). The Proposal required that the of a claim for exclusion from the CPO requirements. The Commission Temporary No-Action Relief be claimed definition; (2) Rule 4.13(a)(3) expands reasoned that ‘‘it is appropriate to by filing a notice with the Commission. the trading limit criterion thereunder to maintain the marketing restriction The effect of this final rulemaking on ‘‘5 percent’’ and ‘‘100 percent,’’ from the because, unlike the case with the claimants under the Temporary No- proposed ‘‘2 percent’’ and ‘‘50 percent’’ proposed CPO registration exemption, 16 Action Relief is discussed below. limits; (3) Rule 4.13(a)(3) expands the members of the retail public may investor eligibility criterion thereunder C. The Comments on the Proposal participate in the trading vehicles to ‘‘knowledgeable employees’’ and subject to Rule 4.5.’’ 21 The Commission The Commission received thirty-one certain other persons, in addition to nonetheless requested comment on the comment letters on the Proposal, as ‘‘accredited investors,’’ as proposed; and merits of retaining the ‘‘no marketing’’ follows: Six from registered CPOs and (4) Rule 4.22 now provides for criterion—i.e., that a Rule 4.5 qualifying CTAs; two from registered introducing electronic distribution of Annual entity ‘‘will not be, and has not been, brokers; two from registered securities Reports, in addition to Account marketing participations to the public as investment advisers; one from a Statements, as proposed, where a CPO or in a commodity pool or otherwise as registered futures association; one from furnishes a one-way disclosure notice or in a vehicle for trading in the a futures industry trade association; two commodity futures or commodity from securities industry trade terms that the Commission should do more rather options markets.’’ associations; nine from law firms; one than less to protect investors, and that hedge funds In response to this request, one from a bar association; one from a should be subject to ‘‘full and fair’’ disclosure commenter agreed with the proposed certified public accounting firm; and six standards. These letters did not, however, refer to any specific proposed rule or any of the retention of the ‘‘no marketing’’ from retail investors. The majority of Commission’s specific requests for comments. One criterion (and with the Commission’s these commenters voiced strong support of the other commenters on the Proposal suggested rationale therefore) but several for the Proposal, by such statements as changes to Rules 4.5 and 4.13 that would have commenters disagreed with it. This that it would fulfill the Commission’s made the relief thereunder available to additional types of pension plan entities. This suggestion is latter group supported its position with express purposes in making the outside the scope of this rulemaking. Accordingly, claims that, in the absence of any Proposal, would better harmonize CFTC the Commission intends to consider the merits of trading restriction, the ‘‘otherwise and Securities and Exchange the application of Rule 4.5 or 4.13 to any such plan regulated’’ nature of the qualifying Commission (SEC) regulation of on a case-by-case basis. (However, some of those plans are now covered by the rules the Commission entities specified in Rule 4.5 would investment management professionals, is publishing today. See, e.g., Rule provide adequate customer protection, and would go a long way toward 4.14(a)(8)(i)(C)(2).) and, further, that compliance with the addressing the issues raised at the 18 In addition, the Commission is adopting certain subjective nature of the marketing Roundtable.17 clarifying amendments to Rule 4.7, such that Rule 4.7(a)(2)(vi) now refers to section 2(a)(51)(A) of the restriction could give rise to the Investment Company Act of 1940 and Rule 13 possibility of unequal enforcement See 68 FR 12622, 12625–30. 4.7(a)(3)(viii) now includes ‘‘a limited liability 14 where commodity interest trading was 68 FR 12622, 12625. company or similar business venture.’’ Also, to 15 See 68 FR 12622, 12630–32. clarify the availability of Rule 4.13(a)(2), the restricted. 16 See II.F.1. above. Commission is employing the term ‘‘participant’’ in 17 The six retail investors submitted nearly lieu of the term ‘‘person’’ in Rule 4.13(a)(2)(iii). 20 See 68 FR 12622, 12625–26. identical letters, each of which stated in general 19 Supra n.13. 21 68 FR 12622, 12626.

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In light of these comments, the not a registered investment company The Commission has the right further to Commission is amending Rule 4.5 such covered under Rule 4.5(b)(1) or a non- interpret or to amend Rule 4.7 to exclude that it no longer contains any pool covered under Rule 4.5(a)(4). This from the (qualified eligible person definition) any person that the SEC or its staff found to restrictions relating either to commodity latter confirmation is contained in new be a QP or knowledgeable employee or to interest trading or to marketing of the Rule 4.5(g), and new Rule 4.13(f) include in the (qualified eligible person entity. The rule does, however, continue contains a reciprocal provision for CPOs definition) any person the SEC or its staff to require disclosure to investors ‘‘now, claiming registration relief thereunder. excluded from the QP or knowledgeable that the qualifying entity’s operator has Also, the Commission is discussing employee definition, if such action is found claimed exclusion from the CPO below the effect of this rulemaking to be necessary to effectuate the purposes of definition, and that therefore the person generally on persons who previously the Act and the Commission’s regulations. is not subject to CPO registration and have claimed relief under Rule 4.5.24 The Commission expects that it would exercise this right infrequently.27 regulation under the Act. This The Commission did not propose, and requirement is set forth in paragraph is not now adopting, any other 2. New Rule 4.13(a)(3): Adding an (c)(2)(i) of the amended rule. The amendments to Rule 4.5. Thus, the Exemption Where Commodity Interest Commission did not propose to change proviso to Rule 4.5(c) continues to state Trading Is Limited and Pool Participants the ‘‘special call’’ provision of Rule 4.5, that compliance with the operating are Sophisticated and, accordingly, the rule continues to criteria of the rule: contain this provision, in paragraph a. In General shall not be deemed a substitute for (c)(2)(ii).22 The Commission proposed new Rule The disclosure requirement the compliance with any criteria applicable 4.13(a)(3) to provide an exemption from Commission is adopting today may be to commodity futures or commodity CPO registration where: (1) The pool a satisfied in the same manner that the options trading established by any person operates engages in a limited Commission previously established for regulator to which (an eligible) person amount of commodity interest trading— the (albeit now deleted) disclosure of or qualifying entity is established. i.e., by committing no more than 2 commodity interest trading limits under Moreover, eligible persons and percent of the liquidation value of the Rule 4.5—i.e.: qualifying entities remain subject to all pool’s portfolio to establish commodity through inclusion of the specified relevant provisions of the Act and the interest trading positions, whether information in any document which is Commission’s rules that apply to all entered into for bona fide hedging required by the qualifying entity’s other commodity interest market participants, purposes or otherwise, or where the Federal or State regulator to be routinely such as the general antifraud rules, the aggregate net notional value of the furnished to participants or, if no such prohibitions on manipulation and the pool’s commodity interest trading does document is required to be routinely trade reporting requirements.25 not exceed 50 percent of the pool’s furnished, through disclosure in any liquidation value; (2) the CPO instrument that is required by the other B. Amendments to Rule 4.13: Adding reasonably believes that each investor in regulator to establish the entity’s investment CPO Registration Exemptions the pool is an ‘‘accredited investor’’; and policies and objectives and which is required by such other regulator to be made available 1. Use of Terms Defined Under the (3) the CPO does not market (but not specifically furnished) to the entity’s Federal Securities Laws participations in the pool as or in a participants.23 vehicle for trading in the commodity Various of the new CPO registration At the request of other commenters, futures or commodity options exemptions under Rule 4.13 that the 28 the Commission confirms that Rule 4.5 markets. After explaining how and Commission is adopting today base does not affect the ability of a person why this proposal differed from the CPO eligibility on pool participants coming who has claimed an exclusion from the registration exemption proposal within the meaning of a term that is CPO definition thereunder: (1) To invest submitted to the Commission by the defined under the federal securities in any other trading vehicles—e.g., a National Futures Association (NFA) as laws—e.g., that of ‘‘accredited 29 commodity pool that engages in set forth in the ANPR, and after noting investor,’’; defined in Rule 501(a) under 30 unlimited commodity interest trading; the comments received on the ANPR, the Securities Act of 1933 (’33 Act).26 and (2) to qualify for an exemption from As the Commission specifically requested registration as a CPO under Rule 4.13 in requested by commenters, by this comment on whether under the rule connection with its operation of another Federal Register release the there should be: (1) A higher percentage trading vehicle that is not covered under Commission confirms that it intends to of assets that may be committed to Rule 4.5—e.g., a trading vehicle that is follow interpretations issued by the SEC establish commodity interest positions; and its staff of these definitions and in and (2) any greater ability to trade 22 The special call provision previously was set the event any of these definitions are commodity interests for bona fide forth in paragraph (c)(2)(iv) of Rule 4.5. amended, the Commission will utilize hedging purposes than for non-hedging 23 50 FR 15868, 15879 (Apr. 23, 1985). the revised definitions in the applicable purposes, including whether there Rule 4.13 exemption. However, as the should be any restriction whatsoever on The Commission further stated that it was aware Commission stated in connection with that: certain qualifying entities—e.g., registered trading for hedging purposes. investment companies—are required by their other adopting revisions to Rule 4.7 that Many commenters provided input on regulators to make disclosures directly to their similarly base relief on certain of these proposed Rule 4.13(a)(3). Several of participants but that other qualifying entities—e.g., terms: them stated that the proposed trading a commingled trust fund of a federally regulated limits were too low, such that the bank—may not be subject to any such direct disclosure requirement. The Commission intends 24 See II.F.1. exemption would be unavailable to that those other entities may satisfy this 25 As stated in I. A. above, these provisions also many CPOs who should not be subject representation by indirect disclosure. For example, apply to persons exempt from registration as a CPO to the Commission’s registration, in the case of a bank commingled trust fund that or CTA. intends to trade commodity interests on behalf of 26 17 CFR 230.501(a) (2003). Other such terms 27 the various trust accounts comprising the found in Rule 4.13 are ‘‘knowledgeable employee,’’ 65 FR 47848, 47852 (Aug. 4, 2000). commingled fund, the bank only needs to make the defined in the Investment Company of 1940 (ICA), 28 See 68 FR 12622, 12626–27. disclosure representation to the trustee of each 17 CFR 270.3c-5 (2003), and ‘‘qualified purchaser’’ 29 See 67 FR 68785, 68786–87. underlying trust account. Id., n.69. (QP), defined in Section 2(a)(51)(A) of the ICA. 30 See 68 FR 12622, 12626–27.

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disclosure, reporting and recordkeeping Further, Rule 4.13(a)(3) as adopted In adopting Appendix A, the requirements. One of these commenters now clarifies that: (1) At all times the Commission has been guided by the recommended that the rule treat bona pool must meet one or the other of the following principles, i.e., that relief fide hedging and non-hedging positions specified trading limits (paragraph under Rule 4.13(a)(3) should be alike, claiming that this would simplify (a)(3)(ii)); (2) security futures products available where: trading limit calculations under the rule are included in each test (paragraph (1) The CPO of each investee fund is by avoiding the need to determine (a)(3)(ii)); (3) the notional value of an either: (i) Itself claiming exemption from whether a particular ‘‘risk management option contract must reflect an CPO registration under Rule 4.13(a)(3); position’’ qualifies as a hedging adjustment for the delta of the contract or (ii) a registered CPO that is position, but another commenter (paragraph (a)(3)(ii)(B)(1)); and (4) complying with the trading restrictions recommended that no trading limits contracts may be netted by underlying of Rule 4.13(a)(3). In this regard, the should be applicable to the CPO of a commodity and across designated CPO of the investor fund should be able pool that trades commodity interests contract markets, registered derivatives to rely upon the representations of the solely for hedging purposes. Two transaction execution facilities and commenters urged that the rule should investee fund CPOs to the foregoing foreign boards of trade (paragraph effect. permit a limited number of non- (a)(3)(ii)(B)(2)). accredited investors, such as (2) The CPO of an investor fund has ‘‘knowledgeable employees.’’ b. New Appendix A to Part 4: ‘‘Fund- actual knowledge of the trading and Commenters also requested clarification of-Funds’’ commodity interest positions of the on the meaning of the term ‘‘aggregate Most of the commenters on proposed investee funds (e.g., where the investee net notional value’’; on whether security Rule 4.13(a)(3), and in fact, on the funds are operated by the CPO or one futures products (SFPs) are included in Proposal as a whole, expressed concern or more affiliates of the CPO). In this the Rule 4.13(a)(3) trading limit tests; over the application of the Rule case the investor fund CPO may and on whether, to qualify for relief 4.13(a)(3) trading limits in the ‘‘fund-of- aggregate the commodity interest under Rule 4.13(a)(3), a CPO must funds’’ context.34 They requested the positions across the investee funds to operate its pool pursuant to an Commission to confirm in its final determine compliance with the trading exemption from registration under the rulemaking statements it had made in restrictions of Rule 4.13(a)(3). 31 ’33 Act, as a ‘‘privately-offered’’ pool. the Proposal on this issue.35 They also (3) An investor fund does not trade In response to these comments, and in presented numerous scenarios involving commodity interests directly, and the light of its own further deliberations on ‘‘fund-of-funds’’ structures for the CPO has allocated no more than 50 proposed Rule 4.13(a)(3), the Commission to consider. percent of the investor fund’s assets to Commission is making various changes To address these concerns, the investee funds that trade commodity from the Proposal in the final rule. Commission is adopting today interests (regardless of the level of Specifically, Rule 4.13(a)(3) as adopted Appendix A to Part 4. The introductory commodity interest trading engaged in requires: (1) That interests in the pool text explains that: by those investee pools). The investor for which a CPO is seeking to claim The following provides guidance on the fund CPO may claim exemption under relief thereunder must be exempt from application of the trading limits of Rule Rule 4.13(a)(3) because the investor registration under the ‘‘33 Act and may 4.13(a)(3)(ii) to commodity pool operators fund’s exposure to the futures markets not be marketed to the public in the (CPOs) who operate ‘‘fund-of-funds.’’ For the may be said to be comparable to that of United States (U.S.) (paragraph (a)(3)(i)); purpose of this Appendix A, it is presumed a stand-alone pool that meets the (2) that the pool may not commit more that the investor fund CPO can comply with aggregate net notional value test. than 5 percent of assets to establish all of the other requirements of Rule commodity interest positions or have a 4.13(a)(3). It also is presumed that where the (4) An investor fund engages in direct notional value of its commodity interest investor fund CPO is relying on its own commodity interest trading in addition computations, the investor fund is positions that exceeds 100 percent of to its allocation of assets to investee participating in each investee fund that funds, provided the CPO treats the the pool’s liquidation value (paragraphs trades commodity interests as a passive (a)(3)(ii)(A) and (a)(3)(ii)(B), investor, with limited liability (e.g., as a assets committed to direct trading as a respectively); 32 and (3) that the pool limited partner of a limited partnership or a separate pool with its own liquidation may include, as proposed, participants non-managing member of a limited liability value and applies the trading who are ‘‘accredited investors,’’ and in company). Fund-of-fund CPOs who seek to restrictions of Rule 4.13(a)(3) to that addition, certain family trusts formed by claim exemption from registration under ‘‘separate pool.’’ accredited investors; ‘‘knowledgeable Rule 4.13(a)(1), (a)(2) or (a)(4) may do so 3. New Rule 4.13(a)(4): Adding an employees;’’ and persons who are QEPs without regard to the trading engaged in by an investee fund, because none of the Exemption Where Pool Participants Are under Rule 4.7(a)(2)(viii)(A) (paragraph registration exemptions set forth in those 33 Highly Sophisticated (a)(3)(iii)). rules concerns limits on or levels of commodity interest trading. Persons whose The Commission proposed new Rule 31 This is a requirement under Rule 4.13(a)(4) as fact situations do not fit any of the scenarios 4.13(a)(4) to provide an exemption from proposed and as adopted. below should contact Commission staff to One commenter stated that since the investor CPO registration where: (1) Interests in discuss the applicability of the registration the pool for which the CPO seeks to criteria of Rules 4.13(a)(3) and (a)(4) include, among exemption in Rule 4.13(a)(3) to their other persons, certain ‘‘accredited investors,’’ then claim relief (a) are exempt from particular situations. it logically follows that the pool must be privately registration under the Securities Act of offered. That is the context in which the rules of the SEC (e.g., Regulation D under the ’33 Act) trading in the commodity futures or commodity 1933, and (b) are offered and sold employ the term ‘‘accredited investor.’’ options markets.’’ without marketing in the United States 32 Thus, the rule continues to include both 34 In the ANPR, the Commission defined a ‘‘fund- (U.S.); and (2) the CPO reasonably hedging and non-hedging positions in the of-funds’’ as an investor fund that indirectly trades believes that (a) natural person calculation of either test. commodity interests through participation in one or participants are QEPs under Rule 33 As proposed and as adopted, Rule 4.13(a)(3) more investee funds that directly trades commodity also generally prohibits the CPO from marketing interests. See 67 FR 68785, 68788, n.15. 4.7(a)(2), and (b) non-natural person participations in the pool ‘‘as or in a vehicle for 35 See 68 FR 12622, 12631. participants are QEPs under Rule 4.7 or

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‘‘accredited investors.’’ 36 After unnecessary because CPOs exempt from 2. New Rule 4.14(a)(10): Counting Legal explaining how and why this proposal registration remain subject to CFTC Organizations as a Single ‘‘Person’’ differed from the CPO registration jurisdiction, which includes the As the Commission explained in the exemption proposal submitted to the antifraud provisions of the Act and the Proposing Release, the single ‘‘persons’’ Commission by the MFA, as set forth in Commission’s rules; and (3) would not specified in Rule 4.14(a)(10) for the the ANPR,37 the Commission requested improve the information available to the purposes of section 4m(1) of the Act are comment on what investor Commission but, rather, would raise patterned after the single ‘‘clients’’ qualifications would be appropriate recordkeeping, supervision and audit specified in Rule 203(b)(3) under the under proposed Rule 4.13(a)(4) and requirement issues for all concerned. In IAA.43 By this release, and at the request whether all natural person QEPs should light of these comments, the of a commenter, the Commission be included for purposes of the rule. Commission is not adopting a notice confirms that it intends to follow The comments received in response to registration scheme. interpretations of Rule 203(b)(3) issued this request were mixed, with some C. Amendments to Rule 4.14: Adding by the SEC and its staff. As stated above stating that the proposed investor and Expanding CTA Registration in connection with the discussion of eligibility qualifications would be Exemptions Rules 4.13(a)(3) and 4.13(a)(4), however, appropriate, yet others claiming that the the Commission has the right to provide proposal was unnecessarily restrictive 1. New Rule 4.14(a)(8)(i)(D): Adding an its own interpretations concerning the and that the rule should include all Exemption Where Advice Is to Rules counting of single ‘‘persons,’’ if such natural person QEPs—i.e., natural 4.13(a)(3) and (a)(4) Pools action is found to be necessary to persons who are QEPs under either Rule As proposed and as adopted, new effectuate the Act and the Commission’s 4.7(a)(2) or (a)(3). Inasmuch as Rule Rule 4.14(a)(8)(i)(D) provides CTA regulations, and, further, the 4.13(a)(4) does not contain any trading registration relief for advisors to Commission expects that it would limits whatsoever, and the operators in commodity pools that meet the exercise this right infrequently.44 question are not ‘‘otherwise regulated’’, requirements of the new CPO D. Amendments to Rules 4.21, 4.22 and the Commission is not persuaded by registration exemptions based on, 4.31 this latter set of comments and, among other things, trading limits, as accordingly, it is adopting the rule as discussed above.40 Several persons have 1. Amended Rules 4.21(a) and 4.31(a): proposed. asked whether the Commission intends Permitting Communications Prior to 4. Alternative Proposal for Relief that this CTA registration exemption Disclosure Document Delivery will define the term ‘‘primarily’’ as used Commission Rules 4.21 and 4.31 As an alternative to the foregoing 41 in section 4m(3) of the Act, which also respectively require CPOs and CTAs to registration exemption proposals for provides an exemption from CTA provide a Disclosure Document to their certain CPOs, and to various registration registration, for any CTA that— prospective pool participants and exemption proposals for certain CTAs is registered with the [SEC] as an advisory clients. The Commission under Rule 4.14, the Commission sought investment adviser whose business does not proposed to amend these rules to comment on adoption of a notice consist primarily of acting as a (CTA) * * * provide that the Disclosure Document registration scheme that would be and that does not act as a (CTA) to any must be delivered by no later than the comparable to the proposed exemption investment trust, syndicate or similar form of time a CPO delivers a subscription approach with respect to information enterprise that is engaged primarily in trading in any commodity for future delivery agreement for the pool for which it is required to be filed with the soliciting or a CTA delivers an advisory Commission and compliance with Part on or subject to the rules of any contract 38 market or registered derivatives transaction agreement for the trading program for 4 requirements. Specifically, the execution facility. (Emphasis added.) which it is soliciting.45 To ensure Commission asked for comment on achievement of the purpose of the whether a notice registration scheme The Commission does not intend that the CTA registration exemption in Rule Disclosure Document—i.e., that could make it more clear to the public prospective investors are fully informed and other regulatory authorities that this 4.14(a)(8)(i)(D) have any bearing whatsoever on the meaning of the term about all material facts before group of CPOs and CTAs remained committing their funds—, and subject to the CFTC’s jurisdiction under ‘‘primarily’’ in section 4m(3). Rather, the Commission intends to employ the consistent with the Roundtable the Act, the Bank Secrecy Act and other comments, these proposed rule statutes, while providing the same criteria of Rule 4.14(a)(8)(i)(D) solely for the purposes of the rule itself.42 amount of regulatory relief as the 43 See 66 FR 12622, 12628–29. proposed exemption. 44 See II.B.1. above. The Commission also has merchant or introducing broker for certain brokers clarified in Rule 4.14(a)(10) as adopted that the The Commission received several and dealers that are registered with the SEC, are source of this exemption is section 4m(1). comments in response to this request, members of a registered national securities each of which recommended that the association, and solely trade security futures Compare CFTC v. Savage, 611 Fed. 270 (9th Cir. products. 1979). There, the Court held that section 4m(1) Commission not adopt a notice includes ‘‘within the persons to whom an advisor 40 See the discussion of Rule 4.13(a)(3)(ii) in II. B. registration scheme. The arguments ‘furnishes’ advice customers of an advisee when the 2. above. advisor knows or should know that advice he gives advanced to the Commission were that 41 7 U.S.C. 6m(3) (2000). is directly passed to those customers.’’ Id. at 280. such a scheme: (1) Might confuse 42 The CFMA added section 4m(3) to the Act and The advisee in Savage was a corporation ‘‘i.e., a prospective pool participants into a corresponding Section 203(b)(6) to the Investment legal organization—that was registered as a futures thinking that a notice registrant was Advisers Act of 1940 (IAA), which provides an commission merchant with the Commission. Rule subject to more oversight and regulation exemption from registration for: 4.14(a)(10) counts a legal organization as a single than it actually would be; 39 (2) was any investment adviser that is registered with the ‘‘person’’ where the organization is receiving (CFTC) as a (CTA) whose business does not consist commodity interest trading advice based on its primarily of acting as an investment adviser, . . . investment objectives. Inasmuch as the advisee in 36 See 68 FR 12622, 12627. and that does not act as an investment adviser to— Savage was not receiving advice based on its 37 See 67 FR 68785, 68787–88. (A) (a registered) investment company; or investment objectives but, rather, as a mere conduit 38 See 68 FR 12622, 12628. (B) a company which has elected to be a business for others to receive advice, it would not be counted 39 Cf. Rule 3.10(a)(3), which generally provides development company . . . and has not withdrawn as a single ‘‘person’’ under Rule 4.10(d). for notice registration as a futures commission its election. 45 See 68 FR 12622, 12629.

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amendments would have been subject to considering whether it should revise thereunder must be signed by a CPO or CTA the proviso that ‘‘any material certain aspects of that interpretation, as follows: if it is a sole proprietorship, by distributed in advance of the delivery of such as the requirement that visitors to the sole proprietor; if a partnership, by a the Disclosure Document is consistent a CPO or CTA Web site must view a general partner; and if a corporation, by the with or amended by the information summary risk disclosure statement chief executive officer or chief financial contained in the Disclosure Document before they may access performance officer. and with the obligations of the [CPO or information. The Commission notes that Upon review of this list of permitted CTA] under the Act, the Commission’s the 1997 Interpretation was premised on signatories, the Commission believes that it regulations issued thereunder, and the the now obsolete requirement in Rules may be unnecessarily restrictive in that it laws of any other applicable federal or 4.21 and 4.31 that a Disclosure leaves no room for other organizational state authority.’’ (Emphasis added.) Document respectively be delivered on structures under which CPOs and CTAs One of the commenters on these or before the date that a CPO solicited, operate—e.g., limited liability companies. proposed rule amendments objected to accepted or received funds or other Accordingly, the Commission is proposing to this proviso, claiming that the phrase property from a prospective pool amend Rules 4.7(d), 4.12(b) and 4.13(b) to ‘‘or amended by’’ could be read to mean participant, or a CTA solicited or provide that the documents required that information does not have to be entered into an advisory agreement with thereunder must be signed by a duly consistent with the Disclosure a prospective client. Accordingly, the authorized representative of the CPO or CTA. Document at the time the information is provisions of amended Rules 4.21 and This would be consistent with existing distributed, as long as it is corrected 4.31 supercede the 1997 Interpretation. signature requirements under Rules 4.5 and when the Disclosure Document is 4.14. * * * However, because the document delivered. To avoid any such 2. New Rule 4.22(i): Distributing required under Rule 4.22(h) pertains to the misunderstanding, Rules 4.21(a) and Account Statements and Annual accuracy and completeness of certain 4.31(a) as adopted now further provide Reports Electronically financial reports (i.e., commodity pool that: The Commission is amending Rule Account Statements and Annual Reports), 4.22 by adding a new paragraph (i) to the Commission specifically is proposing that In the event such previously distributed this oath or affirmation be signed by a information is amended by the Disclosure the rule to establish that, as proposed, Document in any material respect, the a CPO may distribute periodic Account representative duly authorized to bind the 51 prospective participant must be in receipt of Statements to pool participants by pool operator. the Disclosure Document at least 48 hours electronic means, and, in response to The Commission received two prior to its (subscription or advisory favorable comments, a CPO may so agreement, as the case may be) being distribute Annual Reports.48 Also in comments on these proposed rule accepted. response to comments, for greater amendments. The first comment Another commenter on these flexibility the rule as adopted does not recommended that the same standard be proposed rule amendments asked for specify each and every step a CPO must applied to each situation where clarification on the permissibility of take to furnish financial information to documents are required to be executed. distributing performance materials in pool participants. What the rule does The Commission agrees with this advance of delivery of a Disclosure require is that prior to transmission of comment, and, accordingly, is adopting Document. In response, the Commission any Account Statement or Annual as the suggested ‘‘universal standard’’ states that performance information may Report to a pool participant by means of the requirement that part 4 documents be distributed in advance of the electronic media, a CPO must disclose be manually executed by ‘‘a Disclosure Document, provided it is to the participant that it intends to representative duly authorized to bind’’ presented in the format specified by the distribute these documents an eligible person, CPO or CTA. CFTC.46 electronically, absent objection from the Specifically, this requirement is now In connection with adopting these participant, which objection, if any, the found in Rules 4.5(f)(2), 4.7(d)(1)(vii), amendments to Rules 4.21 and 4.31, the participant must make no later than 10 4.12(b)(3)(vi), 4.13(b)(1)(iii), Commission has reviewed its July 1997 business days following its receipt of 4.14(a)(8)(iii)(A)(3) and 4.22(h)(3). interpretation regarding electronic the disclosure.49 delivery of CPO and CTA Disclosure The second comment recommended E. Amendments to Rules 4.5, 4.7, 4.12, that the list of permitted signatories be Documents (the ‘‘1997 4.13, 4.14 and 4.22: Conforming Interpretation’’) 47 for the purpose of expanded, such that the applicable rules Signature Requirements would specifically provide that ‘‘any 46 See, e.g., Rules 4.25 and 4.35, which establish The Commission proposed to amend listed principal’’ is a permitted performance disclosure formats for CPOs and CTAs, certain of the part 4 rules that list the signatory. The Commission does not respectively; Rule 4.41, which concerns advertising CPO and CTA signatories who may sign agree with this comment, because not by CPOs, CTAs and their principals; and 46 FR 50 26004, 26012 (May 8, 1981), wherein the various required documents. As the all principals of a CPO or a CTA may Commission provided guidance on the advertising Commission explained: in fact be duly authorized to bind the of past performance results. See also, Rule 156 Rules 4.7(d), 4.12(b), 4.13(b), and 4.22(h) CPO or CTA.52 under the ’33 Act, 17 CFR 230.156 (2003), which provide that the documents required sets forth what the SEC would consider ‘‘materially misleading’’ in the context of investment company 51 Id. sales literature. requiring that the CPO or CTA make a Web site 52 Rule 4.10(e)(1) provides that for the purposes 47 See, ‘‘Interpretation Regarding Use of viewer scroll through the entire Disclosure of part 4, the term ‘‘principal’’ has the same Electronic Media by Commodity Pool Operators and Document before viewing any material that might meaning as the term ‘‘principal’’ under Rule 3.1(a). Commodity Trading Advisors for Delivery of constitute a solicitation by the CPO or CTA. Rule 3.1(a) generally defines the term ‘‘principal’’ Disclosure Documents and Other Materials,’’ 62 FR 48 See 68 FR 12622, 12629–30. of an entity to include, among others, the following: 39104 (July 22, 1997). In that interpretation, the 49 In light of this action, the Commission may executive officers; persons in charge of a function Commission made provision for delivery of review the procedures in Rule 1.33 and 1.46 it subject to Commission regulation; persons who required Disclosure Documents in the context of, previously adopted for electronic transmission of have the power to exercise a controlling influence for example, CPO and CTA Internet Web sites by certain information by FCMs to their customers, over the entity’s activities that are subject to requiring that a summary risk disclosure be given with a view towards conforming them to new Rule Commission regulation; ten percent or greater along with a hyperlink or other comparable ready 4.22(i). shareholders; and persons who have contributed access to the full Disclosure Document, in lieu of 50 68 FR 12622, 12630. ten percent or more of the capital.

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F. Effect of Final Rulemaking today, there may be persons that do not and the number closed with losses, the meet the criteria of Rule 4.5 for eligible range of rates of return for the accounts 1. Effect on Prior Claimants persons, section 4m(3) of the Act or closed with net lifetime profits and The amendments to Rules 4.5, 4.13 Rule 4.13 for CPOs, or section 4m(1) of accounts closed with net lifetime losses, and 4.14 that the Commission is the Act or Rule 4.14 for CTAs but, that, during the five-year period for which publishing today do not require a nonetheless, under their particular facts past performance must be disclosed.59 person who previously has claimed or circumstances, merit relief. The The Commission based this proposal on relief under Rule 4.5 or the Temporary Commission also is aware that, in the its belief that such disclosure would No-Action Relief 53 to re-file its claim in past, its staff has provided no-action provide important summary information order to maintain that relief or to trade relief from the criteria of Rule 4.5 and on the variation in returns experienced in accordance with amended Rule 4.5, from the registration requirement of by individual clients and would be 4.13 or 4.14. Moreover, where the section 4m(1) of the Act on a case-by- useful to prospective clients considering person continues to comply with the case basis. Consistent with that practice, participation in the CTA’s program. commodity interest trading limitations the Commission directs its staff to Several commenters on the Performance applicable to that previously claimed continue to issue such relief in Proposal expressed the belief that this relief, it does not need to take any other appropriate cases.55 disclosure would not provide useful action to take advantage of the information to prospective clients, with III. Past Performance Presentation exemptions being made available by one commenter noting that the Issues these amendments.54 The person requirement would increase the burden nonetheless remains subject to all other On March 13, 2003, the Commission on CTAs without any corresponding applicable requirements of Rule 4.5, published in the Federal Register 56 benefit. 4.13 or 4.14, as the case may be, to all proposed rule amendments regarding After consideration of these other applicable provisions of the Act the computation and presentation of comments, the Commission has and the Commission’s rules thereunder, rate of return information and other determined that the objective of the and to any and all obligations under any disclosures concerning past proposed change—to enhance the other applicable Federal and State performance of accounts over which a information available to prospective statutory and regulatory authorities that CTA has had trading authority clients about the experience of the may result from its activities under (Performance Proposal). In the CTA’s prior clients—continues to be an these exemptions. Performance Proposal, the Commission important goal of the past performance also sought comment on whether a core reporting required under Commission 2. Effect of Withdrawal From CPO principle should replace detailed rules. However, the Commission Registration on Rule 4.22(c) Annual performance requirements. The believes that it is appropriate to permit Report Requirement Commission has adopted a core flexibility in the manner in which CTAs A CPO who has withdrawn from principle approach regarding meet this objective. Accordingly, the registration in order to claim the presentation of partially funded Commission is amending Rule Temporary No-Action Relief or who accounts,57 but noted in the release 4.35(a)(1)(viii) to require that the withdraws from registration in order to adopting the core principle that performance capsule include a measure claim relief under Rule 4.13(a)(3) or proposed changes relating to certain of the variability of returns experienced (a)(4) adopted today nonetheless performance issues with application by clients in the offered trading program remains subject to the Annual Report beyond the partially funded account who both opened and closed their requirement of Rule 4.22(c), as has been situation would be addressed accounts during the period for which the case with CPOs who have separately.58 These issues include: (1) performance is required to be disclosed, withdrawn from registration for any Disclosure of the range of rates of return for accounts closed with positive net other reason. This is because the for closed accounts, or other measures lifetime rates of return and for those Commission believes that when a CPO of variability in returns experienced by closed with negative net lifetime rates of leaves direct CFTC oversight, the CPO’s clients for the offered trading program; return. The Commission notes that this pool participants should get all of the (2) computation of program draw-down requirement may be satisfied by information they are entitled to up to information on a composite basis; and disclosing the ranges of returns for that time. The Commission nonetheless (3) methods to account for the effect of accounts closed with positive net is aware that in past cases its staff has intramonth additions and withdrawals lifetime rates of return and those closed worked with withdrawing CPOs in in the computation of rate of return. with negative net lifetime rates of appropriate cases to provide these A. Range of Rates of Return for Closed return, as the Commission proposed, or persons with flexibility in complying Accounts by another method, such as standard with Rule 4.22(c). By this Federal deviation, that meets the objective. Register release, the Commission The Commission proposed to revise The Commission indicated in the instructs its staff to continue this Rule 4.35(a)(1)(viii) to require that the Performance Proposal that both the practice. performance capsule for the offered numbers of accounts closed with program include, in addition to the positive versus negative rates of return, G. Continued Availability of No-Action number of accounts closed with profits as well as the measure of variability of Relief From Commission Staff returns for accounts in each category, The Commission is aware that, 55 For example, under appropriate circumstances, must be disclosed only for those it may be permissible for a person who seeks to notwithstanding the rules it is adopting claim an exemption from CPO registration under accounts that both opened and closed Rule 4.13(a)(3) to include contracts such as swaps within the required five-year and year- 53 See 68 FR 12622, 12630–32. when calculating the ‘‘aggregate net notional value’’ to-date time period. One commenter 54 Thus, for example, a person who has claimed criterion of the rule. noted that this change from the prior 56 relief under Rule 4.5 or the Temporary No-Action 68 FR 12001. The Performance Proposal and rule, which required information on all Relief who continues to comply with the prior comments received may be accessed through http:/ _ limits is not subject to the revised disclosure /www.cftc.gov/foia/comment03/foi03—004 1.htm. accounts that closed during the required requirement of Rule 4.5(c)(2)(i) or Rule 4.13(a)(5), 57 68 FR 42964 (July 21, 2003). as the case may be. 58 Id. at 42966. 59 See Rule 4.35(a)(5).

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time period even if they were opened disclosure in performance capsules is to additions and withdrawals. However, more than five years earlier, may result highlight the historical risk and the Only Accounts Traded Method, in a reduction in useful information. As volatility of a particular trading which had been permitted by the 1991 it noted in the Performance Proposal, program, not the general risk of futures Advisory, was not included as an option the Commission does not believe that trading, which is adequately addressed CTAs could choose prospectively due to this change will diminish the disclosure by other rules. concerns that it allows for accounts to of material information to prospective As noted in the Performance Proposal, be excluded entirely from the rate of clients, because of the tendency of a variety of factors, including, but not return calculation. One commenter clients to quickly close accounts that limited to, differences due to trade noted that CTAs can reach the same experience large losses. Accounts that execution, fees, commissions, and the result as the proposed daily experienced strongly negative returns timing of opening or closing accounts, compounded rate of return when the before the five-year time period are may have an impact on the returns for calculation is compounded based on likely to have been closed before the individual accounts. The effect of these each sub-period in which an addition or end of that time period, and losses factors must be considered by the CTA withdrawal is made. Two commenters experienced as a result of the offered in the development of its composite requested that CTAs continue to be program during the five-year period are performance tables and any material permitted to exclude from the return likely to have been experienced by an differences among the accounts in the calculation accounts that opened or account that both opened and closed composite must be discussed.62 The closed intramonth, to avoid material during that period. The Commission Commission continues to believe that distortions that can occur. Although the wishes to make clear that any additional for a performance table that complies Commission adopted a core principle information that the CTA believes is with the Commission’s rules on use of for partially funded account necessary to explain the circumstances composites, disclosure of draw-down performance and therefore did not affecting the measure of the variability information on a composite basis would implement the proposed changes to the of returns presented in the performance not be misleading. The Commission rate of return calculation, based on the capsule may be provided, pursuant to therefore confirms that presentation of comments received on the Performance existing rules regarding supplemental monthly and peak-to-valley draw-down Proposal, the Commission believes it is disclosures and material information.60 information on a composite basis for appropriate to provide guidance B. Use of Composite Draw-Down performance tables that comply with regarding the treatment of additions and Rule 4.35(a)(3) will be acceptable. CTAs withdrawals in computing rate of Although the Commission is not remain subject to the requirement of return. adopting the proposed revision to Rules Rule 4.34(o) to disclose all material 4.35(a)(1)(v) and (vi) which would have information to existing or prospective D. New Appendix B to Part 4 required that the worst monthly and clients even if such information is not New appendix B to part 4 provides peak-to-valley draw-down amounts be specifically required by these guidance concerning alternate methods based on the aggregate of nominal regulations. by which CPOs and CTAs may calculate account sizes, based on the comments C. Treatment of Additions and the rate of return information required received, the Commission believes it is by Rules 4.25(a)(7)(i)(F) and necessary to clarify the issue of Withdrawals in Computing Rate of Return 4.35(a)(6)(i)(F). Performance computed presenting draw-down information on in accordance with any of the the composite of accounts, rather than The changes to the rate of return alternative methods described in the on the worst individual account. computation in the Performance 1991 Advisory for periods prior to the Rule 4.10(k) defines the term ‘‘Draw- Proposal would have codified, in a effective date of these rule changes down’’ as ‘‘losses experienced by a pool streamlined fashion, several methods of would not need to be revised. However, or account over a specified period.’’ accounting for additions and the 1991 Advisory is superseded Rule 4.10(l) defines the term ‘‘Worst withdrawals in computing rate of return prospectively by Appendix B adopted peak-to-valley draw-down’’ for a pool, that were permitted by the herein. account or trading program. In the Commission’s 1991 Advisory.63 In adopting release for the most recent addition to the method currently IV. Related Matters revisions to the Part 4 rules, the required by Rule 4.35(a)(6)(i)(F), these A. Regulatory Flexibility Act Commission noted that ‘‘the draw-down methods would include daily figures in a composite in a CTA compounding and time-weighting of The Regulatory Flexibility Act Disclosure Documents are the worst (RFA) 64 requires that agencies, in experienced by any one of the accounts 62 Rule 4.35(a)(3) states: proposing rules, consider the impact of included in the composite’’ (emphasis (i) Unless such presentation would be misleading, those rules on small businesses. The added).61 Several commenters the performance of accounts traded pursuant to the Commission has previously established expressed concern that composite draw- same trading program may be presented in certain definitions of ‘‘small entities’’ to composite form on a program-by-program basis. down would not provide sufficient *** be used by the Commission in information as to how bad things might (ii) Accounts that differ materially with respect to evaluating the impact of its rules on have been for individual accounts. rate of return may not be presented in the same such entities in accordance with the However, other commenters noted that composite. RFA.65 With respect to CPOs, the performance of a single account may be (iii) The commodity trading advisor must discuss Commission has previously determined all material differences among the accounts misleading due to factors beyond the included in a composite. that a CPO is a small entity if it meets CTA’s control, such as the client’s 63 ‘‘Adjustments for Additions and Withdrawals the criteria for exemption from determination of when to open or close to Computation of Rate of Return in Performance registration under current Rule the account. Another commenter stated Records of Commodity Pool Operators and 4.13(a)(2).66 Therefore, the requirements that the purpose of draw-down Commodity Trading Advisors,’’ 56 FR 8109 (Feb. 27, 1991). Rule 4.35(a)(6) states that performance information may be calculated as specified therein 64 5 U.S.C. 601 et seq. 60 See Rules 4.34(n) and 4.34(o). ‘‘or by a method otherwise approved by the 65 47 FR 18618 (April 30, 1982). 61 60 FR 38146, 38163 (July 25, 1995). Commission.’’ 66 Id. at 18619–20.

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of the RFA do not apply to CPOs who and benefits of its action before issuing from the standpoint of imposing costs or do not meet those criteria. With respect a new regulation under the Act. By its creating benefits, on the financial to CTAs, the Commission has terms, section 15(a) does not require the integrity or price discovery function of previously stated that it would evaluate Commission to quantify the costs and the commodity futures and options within the context of a particular rule benefits of a new regulation or to markets. proposal whether all or some affected determine whether the benefits of the 4. Sound risk management practices. CTAs would be considered to be small proposed regulation outweigh its costs. The proposed amendments should entities and, if so, the economic impact Rather, section 15(a) simply requires the increase the available range of risk on them of the proposal.67 The Commission to ‘‘consider the costs and management alternatives for Rule 4.5 Commission believes that the rules it is benefits’’ of its action. eligible persons, as well as for CPOs and adopting today will not place any Section 15(a) further specifies that CTAs. burdens, whether new or additional, on costs and benefits shall be evaluated in 5. Other public interest CPOs and CTAs who would be affected light of five broad areas of market and considerations. The amendments also hereunder. This is because these rules public concern: Protection of market take into account certain effects of provide registration relief for more CPOs participants and the public; efficiency, legislative changes (e.g., in the case of and CTAs and, for CPOs and CTAs who competitiveness, and financial integrity exemption for registered investment are not eligible for that relief, they of futures markets; price discovery; advisers) and the passage of time (e.g., reduce, clarify, streamline and simplify sound risk management practices; and revising the contribution limit for the existing requirements. other public interest considerations. small commodity pool exemption and The Commission’s definitions of Accordingly, the Commission could in permitting electronic delivery of pool small entities do not address the its discretion give greater weight to any Annual Reports and Account persons and qualifying entities set forth one of the five enumerated areas and Statements). in Rule 4.5 because, by the very nature could in its discretion determine that, After considering these factors, the of the rule, the operations and activities notwithstanding its costs, a particular Commission has determined to adopt of such persons and entities generally rule was necessary or appropriate to the Part 4 rule amendments discussed are regulated by federal and state protect the public interest or to above. The Commission did not receive authorities other than the Commission. effectuate any of the provisions or to any comments relative to its analysis of Assuming, arguendo, that Rule 4.5 accomplish any of the purposes of the the cost-benefit provision. eligible persons or qualifying entities Act. D. Administrative Procedure Act would be small entities for purposes of These amendments to the part 4 rules the RFA, the Commission believes that are intended to facilitate increased The Administrative Procedure Act the amendment to Rule 4.5 it is flexibility and consistency, and to provides that the required publication of adopting today will not have a rationalize application of Commission a substantive rule shall be made not less significant economic impact on them regulations to entities subject to other than 30 days before its effective date, because it will permit greater regulatory frameworks. The Commission but provides an exception for ‘‘a operational flexibility for persons is considering the costs and benefits of substantive rule which grants or currently claiming relief under the rule, these rules in light of the specific recognizes an exemption or relieves a and it will make relief under the rule provisions of section 15(a) of the Act: restriction.’’ Each of the amendments to available to more persons (each of 1. Protection of market participants Rules 4.5, 4.7, 4.12, 4.13, 4.14, 4.21, 4.22 whom will only have to file a notice to and the public. While certain of the and 4.31 the Commission is publishing be relieved from the requirement to amendments are expected to lessen the today ‘‘grants or recognizes an register as a CPO and from the burden imposed upon CPOs and CTAs, exemption or relieves a restriction.’’ any exclusion or exemption of persons disclosure, reporting and recordkeeping Accordingly, the Commission has from regulatory requirements are based requirements applicable to registered determined to make the amendments to on such factors as financial CPOs). Rules 4.5, 4.7, 4.12, 4.13, 4.14, 4.21, 4.22 The Commission did not receive any sophistication of pool participants and and 4.31. advisory clients or a limited level of comments on its analysis of the List of Subjects in 17 CFR Part 4 application of the RFA to the instant trading in the commodity interest Part 4 rule amendments. markets. Accordingly, the amendments Advertising, Commodity pool should have no effect on the operators, Commodity trading advisors, B. Paperwork Reduction Act Commission’s ability to protect market Commodity futures, Commodity This rulemaking contains information participants and the public. Also, there options, Customer protection, Reporting collection requirements. As required by should be no decrease in the protection and Recordkeeping. the Paperwork Reduction Act of 1995,68 of market participants and the public ■ For the reasons presented above, the the Commission has submitted a copy of where the amendments relax existing Commission hereby amends Chapter I of these amendments to part 4 to the Office requirements under the Act and the Title 17 of the Code of Federal of Management and Budget for its Commission’s rules in order to be Regulations as follows: review. The Commission did not receive consistent with existing requirements any public comments relative to its under the federal securities laws and the PART 4—COMMODITY POOL analysis of paperwork burdens SEC’s rules. OPERATORS AND COMMODITY associated with this rulemaking. 2. Efficiency and competition. The TRADING ADVISORS amendments are expected to benefit C. Cost-Benefit Analysis efficiency and competition by removing ■ 1. The authority citation for part 4 Section 15(a) of the Act, as amended barriers to participation in the continues to read as follows: by section 119 of the CFMA, requires commodity interest markets, resulting in Authority: 7 U.S.C. 1a, 2, 6(c), 6b, 6c, , 6l, the Commission to consider the costs greater liquidity and market efficiency. 6m, 6n, 6o, 12a and 23. 3. Financial integrity of futures ■ 2. Section 4.5 is amended by: 67 Id. at 18620. markets and price discovery. The ■ a. Removing paragraph (c)(2)(i); 68 44 U.S.C. 3507(d). amendments should have no effect, ■ b. Removing paragraph (c)(2)(ii);

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■ c. Redesignating paragraph (c)(2)(iii) as specific purpose of either participating participation in all of the pools it paragraph (c)(2)(i) and revising in the exempt pool or opening an operates or that it intends to operate do redesignated paragraph (c)(2)(i); exempt account; not in the aggregate exceed $400,000. ■ d. Redesignating paragraph (c)(2)(iv) as * * * * * (iii) For the purpose of determining paragraph (c)(2)(ii); (d) * * * eligibility for exemption under ■ e. Revising paragraph (f)(2); and (1) * * * paragraph (a)(2) of this section, the ■ f. Adding new paragraph (g). (vii) Be manually signed by a person may exclude the following The revisions and addition read as representative duly authorized to bind participants and their contributions: follows: the commodity pool operator or (A) The pool’s operator, commodity commodity trading advisor; trading advisor, and the principals § 4.5 Exclusion from the definition of the thereof; term ‘‘commodity pool operator.’’ * * * * * (B) A child, sibling or parent of any * * * * * ■ 4. Section 4.12 is amended by revising of these participants; (c) * * * paragraph (b)(3)(vi) to read as follows: (C) The spouse of any participant (2) * * * specified in paragraph (a)(2)(iii)(A) or (i) Will disclose in writing to each § 4.12 Exemption from provisions of part 4. (B) of this section; and participant, whether existing or (D) Any relative of a participant prospective, that the qualifying entity is * * * * * specified in paragraph (a)(2)(iii)(A), (B) operated by a person who has claimed (b) * * * or (C) of this section, its spouse or a an exclusion from the definition of the (3) * * * relative of its spouse, who has the same term ‘‘commodity pool operator’’ under (vi) Be manually signed by a principal residence as such participant; the Act and, therefore, who is not representative duly authorized to bind (3) For each pool for which the person subject to registration or regulation as a the pool operator; and claims exemption from registration pool operator under the Act; Provided, * * * * * under this paragraph (a)(3): that such disclosure is made in ■ 5. Section 4.13 is amended by: (i) Interests in the pool are exempt accordance with the requirements of ■ a. Adding introductory text; from registration under the Securities any other federal or state regulatory ■ b. Removing the ‘‘or’’ at the end of Act of 1933, and such interests are authority to which the qualifying entity paragraph (a)(1)(iv); offered and sold without marketing to is subject; and ■ c. Revising paragraph (a)(2); the public in the United States; * * * * * ■ d. Adding new paragraphs (a)(3), (a)(4) (ii) At all times, the pool meets one or (f) * * * and (a)(5); the other of the following tests with (2) Manually signed by a ■ e. Revising paragraph (b); respect to its commodity interest representative duly authorized to bind a ■ f. Redesignating paragraph (c) and positions, including positions in person specified in paragraph (a) of this paragraph (d) as paragraphs (d) and (e) security futures products, whether section; and and revising newly redesignated entered into for bona fide hedging * * * * * paragraphs (d) and (e); purposes or otherwise: ■ (A) The aggregate initial margin and (g) The filing of a notice of eligibility g. Adding new paragraph (c); ■ premiums required to establish such or the application of ‘‘non-pool status’’ h. Adding new paragraph (f). positions, determined at the time the under this section will not affect the The additions and revisions read as most recent position was established, ability of a person to qualify for an follows: will not exceed 5 percent of the exemption from registration as a § 4.13 Exemption from registration as a liquidation value of the pool’s portfolio, commodity pool operator under § 4.13 commodity pool operator. after taking into account unrealized in connection with the operation of This section is organized as follows: profits and unrealized losses on any another trading vehicle that is not Paragraph (a) of this section specifies such positions it has entered into; covered under this § 4.5. the criteria that must be met to qualify Provided, That in the case of an option 3. Section 4.7 is amended by revising for exemption from registration under that is in-the-money at the time of paragraphs (a)(2)(vi), (a)(3)(viii) and this section; paragraph (b) of this section purchase, the in-the-money amount as (d)(1)(vii), to read as follows: governs the notice that must be filed to defined in § 190.01(x) of this chapter § 4.7 Exemption from certain part 4 claim exemption from registration; may be excluded in computing such 5 requirements for commodity pool operators paragraph (c) of this section sets forth percent; or with respect to offerings to qualified eligible the continuing obligations of a person (B) The aggregate net notional value of persons and for commodity trading who has claimed exemption under this such positions, determined at the time advisors with respect to advising qualified section; paragraph (d) of this section the most recent position was eligible persons. specifies information certain persons established, does not exceed 100 (a) * * * must provide if they subsequently percent of the liquidation value of the (2) * * * register; and paragraph (e) of this pool’s portfolio, after taking into (vi) A ‘‘qualified purchaser’’ as section specifies the effect of account unrealized profits and defined in section 2(a)(51)(A) of the registration on a person who has unrealized losses on any such positions Investment Company Act of 1940 (the claimed an exemption from registration it has entered into. For the purpose of ‘‘Investment Company Act’’); under this section or who is eligible to this paragraph: * * * * * claim an exemption from registration (1) The term ‘‘notional value’’ shall be (3) * * * hereunder. calculated for each such futures position (viii) A corporation, Massachusetts or (a) * * * by multiplying the number of contracts similar business trust, or partnership, (2)(i) None of the pools operated by it by the size of the contract, in contract limited liability company or similar has more than 15 participants at any units (taking into account any multiplier business venture, other than a pool, time; and specified in the contract), by the current which has total assets in excess of (ii) The total gross capital market price per unit, and for each such $5,000,000, and is not formed for the contributions it receives for units of option position by multiplying the

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number of contracts by the size of the more pools that meet the criteria of this section must, in the event that any contract, adjusted by its delta, in paragraph (a)(3) of this section. of the information contained or contract units (taking into account any (5)(i) Eligibility for exemption under representations made in the notice multiplier specified in the contract), by this section is subject to the person becomes inaccurate or incomplete, file a the strike price per unit; and furnishing in writing to each supplemental notice with the National (2) The person may net contracts with prospective participant in the pool: Futures Association to that effect which, the same underlying commodity across (A) A statement that the person is if applicable, includes such designated contract markets, registered exempt from registration with the amendments as may be necessary to derivatives transaction execution Commission as a commodity pool render the notice accurate and facilities and foreign boards of trade; operator and that therefore, unlike a complete. This supplemental notice and registered commodity pool operator, it must be filed within 15 business days (iii) The person reasonably believes, is not required to deliver a Disclosure after the pool operator becomes aware of at the time of investment (or, in the case Document and a certified annual report the occurrence of such event. of an existing pool, at the time of to participants in the pool; and (c)(1) Each person who has filed a conversion to a pool meeting the criteria (B) A description of the criteria notice of exemption from registration of paragraph (a)(3) of this section), that pursuant to which it qualifies for such under this section must: each person who participates in the exemption from registration. (i) Make and keep all books and pool is: (ii) The person must make these records prepared in connection with its (A) An ‘‘accredited investor,’’ as that disclosures by no later than the time it activities as a pool operator for a period term is defined in § 230.501 of this title; delivers a subscription agreement for of five years from the date of (B) A trust that is not an accredited the pool to a prospective participant in preparation; investor but that was formed by an the pool. (ii) Keep such books and records (b)(1) Any person who desires to accredited investor for the benefit of a readily accessible during the first two claim the relief from registration family member; years of the five-year period. All such provided by this section must file a (C) A ‘‘knowledgeable employee,’’ as books and records must be available for notice of exemption from commodity that term is defined in § 270.3c-5 of this inspection upon the request of any pool operator registration with the title; or representative of the Commission, the National Futures Association (ATTN: (D) A ‘‘qualified eligible person,’’ as United States Department of Justice, or Director of Compliance). The notice that term is defined in § 4.7(a)(2)(viii)(A) any other appropriate regulatory agency; must: of this chapter; and and (i) Provide the name, main business (iii) Submit to such special calls as (iv) Participations in the pool are not address, main business telephone the Commission may make to marketed as or in a vehicle for trading number, main facsimile number and demonstrate eligibility for and in the commodity futures or commodity main email address of the person compliance with the applicable criteria options markets; Provided, That nothing claiming the exemption and the name of for exemption under this section. in paragraph (a)(3) of this section shall the pool for which it is claiming (2) In the event the person distributes prohibit the person from claiming an exemption; an annual report to participants in the exemption under this section if it (ii) Contain the section number pool for which it has filed the notice, additionally operates one or more pools pursuant to which the operator is filing the annual report must be presented and for which it meets the criteria of the notice (i.e., § 4.13(a)(1), (a)(2), (a)(3), computed in accordance with generally paragraph (a)(4) of this section; or or (a)(4), or both (a)(3) and (a)(4)) and accepted accounting principles (4) For each pool for which the person represent that the pool will be operated consistently applied and, if certified by claims exemption from registration in accordance with the criteria of that an independent public accountant, so under this paragraph (a)(4): paragraph or paragraphs; and certified in accordance with § 1.16 of (i) Interests in the pool are exempt (iii) Be manually signed by a this chapter as applicable. from registration under the Securities representative duly authorized to bind (3) Each person who has filed a notice Act of 1933, and such interests are the person. of exemption from registration pursuant offered and sold without marketing to (2) The person must file the notice by to paragraph (a)(1) or (a)(2) of this the public in the United States; no later than the time it delivers a section must: (ii) The person reasonably believes, at subscription agreement for the pool to a (i) Promptly furnish to each the time of investment (or, in the case prospective participant in the pool; participant in the pool a copy of each of an existing pool, at the time of Provided, That where a person monthly statement for the pool that the conversion to a pool meeting the criteria registered with the Commission as a pool operator received from a futures of paragraph (a)(4) of this section), that: commodity pool operator intends to commission merchant pursuant to § 1.33 (A) Each natural person participant withdraw from registration in order to of this chapter; and (including such person’s self-directed claim exemption hereunder, the person (ii) Clearly show on such statement, employee benefit plan, if any), is a must notify its pool’s participants in or on an accompanying supplemental ‘‘qualified eligible person,’’ as that term writing that it intends to withdraw from statement, the net profit or loss on all is defined in § 4.7(a)(2); and registration and claim the exemption, commodity interests closed since the (B) Each non-natural person and it must provide each such date of the previous statement. participant is a ‘‘qualified eligible participant with a right to redeem its (d) Each person who applies for person,’’ as that term is defined in § 4.7, interest in the pool prior to the person registration as a commodity pool or an ‘‘accredited investor,’’ as that term filing a notice of exemption from operator subsequent to claiming relief is defined in § 230.501(a)(1)-(3), (a)(7) registration. under paragraph (a)(1) or (a)(2) of this and (a)(8) of this title; Provided, That (3) The notice will be effective upon section must include with its nothing in paragraph (a)(4) of this filing, provided the notice is materially application the financial statements and section will prohibit the person from complete. other information required by claiming an exemption under this (4) Each person who has filed a notice § 4.22(c)(1) through (5) for each pool section if it additionally operates one or of exemption from registration under that it has operated as an operator

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exempt from registration. That for exemption from registration under (D) A commodity pool operator who information must be presented and this section, including the notice of has claimed an exemption from computed in accordance with generally exemption from registration and registration under § 4.13(a)(3) or accepted accounting principles continuing obligations of persons who 4.13(a)(4), or, if registered as a consistently applied. If the person is have claimed exemption under commodity pool operator, who may granted registration as a commodity paragraph (a)(8) of this section; treat each pool it operates that meets the pool operator, it must comply with the paragraph (b) of this section concerns criteria of § 4.13(a)(3) or 4.13(a)(4) as if provisions of this part with respect to ‘‘cash market transactions’’; and it were not so registered; each such pool. paragraph (c) of this section specifies (ii) The person: (e)(1) Subject to the provisions of the effect of registration on a person (A) Provides commodity interest paragraph (e)(2) of this section, if a who has claimed an exemption from trading advice solely incidental to its person who is eligible for exemption registration under this section or who is business of providing securities or other from registration as a commodity pool eligible to claim an exemption from investment advice to qualifying entities, operator under this section nonetheless registration hereunder. collective investment vehicles and registers as a commodity pool operator, (a) * * * commodity pools as described in the person must comply with the (8) It is registered as an investment paragraph (a)(8)(i) of this section; and provisions of this part with respect to adviser under the Investment Advisers (B) Is not otherwise holding itself out each commodity pool identified on its Act of 1940 or with the applicable as a commodity trading advisor. registration application or supplement securities regulatory agency of any (iii)(A) A person who desires to claim thereto. State, or it is exempt from such the relief from registration provided by (2) If a person operates one or more registration, or it is excluded from the this § 4.14(a)(8) must file a notice of commodity pools described in definition of the term ‘‘investment exemption from commodity trading paragraph (a)(3) or (a)(4) of this section, adviser’’ pursuant to the provisions of advisor registration with the National and one or more commodity pools for sections 202(a)(2) and 202(a)(11) of the Futures Association (ATTN: Director of which it must be, and is, registered as Investment Advisers Act of 1940, Compliance). The notice must: a commodity pool operator, the person Provided, That: (1) Provide the name, main business is exempt from the requirements (i) The person’s commodity interest address, main business telephone applicable to a registered commodity trading advice is directed solely to, and number, main facsimile number and pool operator with respect to the pool or for the sole use of, one or more of the main email address of the trading pools described in paragraph (a)(3) or following: advisor claiming the exemption; (a)(4) of this section; Provided, That the (A) ‘‘Qualifying entities,’’ as that term (2) Contain the section number person: is defined in § 4.5(b), for which a notice pursuant to which the advisor is filing (i) Furnishes in writing to each of eligibility has been filed; the notice (i.e., § 4.14(a)(8)(i) or (a)(8)(ii), prospective participant in a pool (B) Collective investment vehicles or both (a)(8)(i) and (a)(8)(ii)) and described in paragraph (a)(3) or (a)(4) of that are excluded from the definition of represent that it will provide this section that it operates: the term commodity ‘‘pool’’ under commodity interest advice to its clients (A) A statement that it will operate § 4.5(a)(4); and in accordance with the criteria of that the pool as if the person was exempt (C) Commodity pools that are paragraph or paragraphs; and from registration as a commodity pool organized and operated outside of the (3) Be manually signed by a operator; United States, its territories or representative duly authorized to bind (B) A description of the criteria possessions, where: the person. pursuant to which it will so operate the (1) The commodity pool operator of (B) The person must file the notice by pool; and each such pool has not so organized and no later than the time it delivers an (ii) Complies with paragraph (c) of is not so operating the pool for the advisory agreement for the trading this section. purpose of avoiding commodity pool program pursuant to which it will offer (f) The filing of a notice of exemption operator registration; commodity interest advice to a client; from registration under this section will (2) With the exception of the pool’s Provided, That where the advisor is not affect the ability of a person to operator, advisor and their principals, registered with the Commission as a qualify for exclusion from the definition solely ‘‘Non-United States persons,’’ as commodity trading advisor, it must of the term ‘‘commodity pool operator’’ that term is defined in § 4.7(a)(1)(iv), notify its clients in writing that it under § 4.5 in connection with its will contribute funds or other capital to, intends to withdraw from registration operation of another trading vehicle that and will own beneficial interests in, the and claim the exemption and must is not covered under this § 4.13. pool; Provided, That units of provide each such client with a right to ■ 6. Section 4.14 is amended by: participation in the pool held by terminate its advisory agreement prior ■ a. Adding introductory text; persons who do not qualify as Non- to the person filing a notice of ■ b. Revising paragraph (a)(8); United States persons or otherwise as exemption from registration. ■ c. Removing the period and adding a qualified eligible persons represent in (C) The notice will be effective upon semi-colon followed by the word ‘‘or’’ at the aggregate less than 10 percent of the filing, provided the notice is materially the end of paragraph (a)(9)(ii); beneficial interest of the pool; complete. ■ d. Adding new paragraph (a)(10); and (3) No person affiliated with the pool (D) Each person who has filed a notice ■ e. Revising paragraph (c). conducts any marketing activity for the of registration exemption under this The additions and revisions read as purpose of, or that could reasonably section must, in the event that any of follows: have the effect of, soliciting the information contained or participation from other than Non- representations made in the notice § 4.14 Exemption from registration as a United States persons; and becomes inaccurate or incomplete, file a commodity trading advisor. (4) No person affiliated with the pool supplemental notice with the National This section is organized as follows: conducts any marketing activity from Futures Association to that effect which, Paragraph (a) of this section specifies within the United States, its territories if applicable, includes such the criteria that must be met to qualify or possessions; and amendments as may be necessary to

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render the notice accurate and are referred to hereinafter as an from the requirements applicable to a complete. This supplemental notice ‘‘owner’’); and registered commodity trading advisor must be filed within 15 business days (2) Two or more legal organizations with respect to the clients so described; after the trading advisor becomes aware referred to in paragraph (a)(10)(i)(B)(1) Provided, That the person furnishes in of the occurrence of such event. of this section that have identical writing to each prospective client (iv) Each person who has filed a owners. described in paragraph (a) of this notice of registration exemption under (ii) Special Rules. For the purpose of section a statement that it will provide this § 4.14(a)(8) must: paragraph (a)(10) of this section: commodity interest trading advice to the (A)(1) Make and keep all books and (A) An owner must be counted in its client as if it was exempt from records prepared in connection with its own capacity as a person if the registration as a commodity trading activities as a trading advisor, including commodity trading advisor provides advisor. all books and records demonstrating advisory services to the owner separate ■ 7. Section 4.21 is amended by revising eligibility for and compliance with the and apart from the advisory services paragraph (a) to read as follows: applicable criteria for exemption under provided to the legal organization; this section, for a period of five years Provided, That the determination that § 4.21 Required delivery of pool from the date of preparation; and an owner is a client will not affect the Disclosure Document. (2) Keep such books and records applicability of paragraph (a)(10) of this (a)(1) Subject to the provisions of readily accessible during the first two section with regard to any other owner; paragraph (a)(2) of this section, each years of the five-year period. All such (B)(1) A general partner of a limited commodity pool operator registered or books and records must be available for partnership, or other person acting as a required to be registered under the Act inspection upon the request of any commodity trading advisor to the must deliver or cause to be delivered to representative of the Commission, the partnership, may count the limited a prospective participant in a pool that United States Department of Justice, or partnership as one person; and it operates or intends to operate a any other appropriate regulatory agency; (2) A manager or managing member of Disclosure Document for the pool and a limited liability company, or any other prepared in accordance with §§ 4.24 and (B) Submit to such special calls as the person acting as a commodity trading 4.25 by no later than the time it delivers Commission may make to demonstrate advisor to the company, may count the to the prospective participant a eligibility for and compliance with the limited liability company as one person. subscription agreement for the pool; applicable criteria for exemption under (C) A commodity trading advisor that Provided, That any information this section; has its principal office and place of distributed in advance of the delivery of * * * * * business outside of the United States, its the Disclosure Document to a (10) If, as provided for in section territories or possessions must count prospective participant is consistent 4m(1) of the Act, during the course of only clients that are residents of the with or amended by the information the preceding 12 months, it has not United States, its territories and contained in the Disclosure Document furnished commodity trading advice to possessions; a commodity trading and with the obligations of the more than 15 persons and it does not advisor that has its principal office and commodity pool operator under the Act, hold itself out generally to the public as place of business in the United States or the Commission’s regulations issued a commodity trading advisor. in any territory or possession thereof thereunder, and the laws of any other (i) For the purpose of paragraph must count all clients. applicable federal or state authority; (a)(10) of this section, the following are (iii) Holding Out. Any commodity Provided, further, That in the event such deemed a single person: trading advisor relying on paragraph previously distributed information is (A) A natural person, and: (a)(10) of this section shall not be amended by the Disclosure Document in (1) Any minor child of the natural deemed to be holding itself out any material respect, the prospective person; generally to the public as a commodity participant must be in receipt of the (2) Any relative, spouse, or relative of trading advisor, within the meaning of Disclosure Document at least 48 hours the spouse of the natural person who section 4m(1) of the Act, solely because prior to its subscription being accepted has the same principal residence; it participates in a non-public offering of by the pool operator. (3) All accounts of which the natural interests in a collective investment (2) For the purpose of the Disclosure person and/or the persons referred to in vehicle under the Securities Act of Document delivery requirement, paragraph (a)(10)(i)(A) of this section are 1933. including any offering memorandum the only primary beneficiaries; and * * * * * delivered pursuant to § 4.7(b)(1) or (4) All trusts of which the natural (c)(1) Subject to the provisions of 4.12(b)(2)(i), the term ‘‘prospective pool person and/or the persons referred to in paragraph (c)(2) of this section, if a participant’’ does not include a paragraph (a)(10)(i)(A) of this section are person who is eligible for exemption commodity pool operated by a pool the only primary beneficiaries; from registration as a commodity operator that is the same as, or that (B)(1) A corporation, general trading advisor under this section controls, is controlled by, or is under partnership, limited partnership, nonetheless registers as a commodity common control with, the pool operator limited liability company, trust (other trading advisor, the person must comply of the offered pool. than a trust referred to in paragraph with the provisions of this part with * * * * * (a)(10)(i)(A)(4) of this section), or other respect to those clients for which it ■ 8. Section 4.22 is amended by: legal organization (any of which are could have claimed an exemption from ■ a. Revising paragraph (a) introductory referred to hereinafter as a ‘‘legal registration hereunder. text; organization’’) that receives commodity (2) If a person provides commodity ■ b. Adding new paragraph (a)(4), interest trading advice based on its interest trading advice to a client ■ c. Revising paragraph (c) introductory investment objectives rather than the described in paragraph (a) of this text, individual investment objectives of its section and to a client for which it must ■ d. Adding a new paragraph (c)(6), shareholders, partners, limited partners, be, and is, registered as a commodity ■ e. Revising paragraph (h)(1), members, or beneficiaries (any of which trading advisor, the person is exempt ■ f. Revising paragraph (h)(3),

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■ g. Adding new paragraph (i) and a commodity pool operated by a pool ■ 9. Section 4.31 is amended by revising ■ h. Adding new paragraph (j). operator that is the same as, or that paragraph (a) to read as follows: The revisions and additions read as controls, is controlled by, or is under follows: common control with, the pool operator § 4.31 Required delivery of Disclosure Document to prospective clients. of a pool in which the commodity pool § 4.22 Reporting to pool participants. has invested; Provided, That the Annual (a) Each commodity trading advisor (a) Except as provided in paragraph Report of such investing pool contain registered or required to be registered (a)(4) of this section, each commodity financial statements that include such under the Act must deliver or cause to pool operator registered or required to information as the Commission may be delivered to a prospective client a be registered under the Act must specify concerning the operations of the Disclosure Document containing the periodically distribute to each pool in which the commodity pool has information set forth in §§ 4.34 and 4.35 participant in each pool that it operates, invested. for the trading program pursuant to within 30 calendar days after the last which the trading advisor seeks to direct * * * * * date of the reporting period prescribed the client’s commodity interest account in paragraph (b) of this section, an (h)(1) Each Account Statement and or to direct the client’s commodity Account Statement, which shall be Annual Report, including an Account interest trading by means of a systematic presented in the form of a Statement of Statement or Annual Report provided program that recommends specific Income (Loss) and a Statement of pursuant to § 4.7(b) or 4.12(b), must transactions by no later than the time Changes in Net Asset Value, for the contain an oath or affirmation that, to the trading advisor delivers to the prescribed period. These financial the best of the knowledge and belief of prospective client an advisory statements must be presented and the individual making the oath or agreement to direct or guide the client’s computed in accordance with generally affirmation, the information contained account; Provided, That any information accepted accounting principles in the document is accurate and distributed in advance of the delivery of consistently applied. The Account complete; Provided, however, That it the Disclosure Document to a Statement must be signed in accordance shall be unlawful for the individual to prospective client is consistent with or with paragraph (h) of this section. make such oath or affirmation if the amended by the information contained individual knows or should know that in the Disclosure Document and with * * * * * any of the information in the document (4) For the purpose of the Account the obligations of the commodity is not accurate and complete. Statement delivery requirement, trading advisor under the Act, the including any Account Statement * * * * * Commission’s regulations issued distributed pursuant to § 4.7(b)(2) or (3) Subject to the provisions of thereunder, and the laws of any other 4.12(b)(2)(ii), the term ‘‘participant’’ paragraph (j) of this section, the oath or applicable federal or state authority; does not include a commodity pool affirmation must be manually signed by Provided further, That in the event such operated by a pool operator that is the a representative duly authorized to bind previously distributed information is same as, or that controls, is controlled the pool operator. amended by the Disclosure Document in by, or is under common control with, (i) The Account Statement or Annual any material respect, the prospective the pool operator of a pool in which the Report may be distributed to a pool participant must be in receipt of the commodity pool has invested. participant by means of electronic Disclosure Document at least 48 hours prior to the advisory agreement being * * * * * media if the participant so consents; (c) Except as provided in paragraph Provided, That prior to the transmission accepted by the trading advisor. (c)(6) of this section, each commodity of any Account Statement or Annual * * * * * pool operator registered or required to Report by means of electronic media, a ■ 10. Section 4.35 is amended by be registered under the Act must commodity pool operator must disclose revising paragraph (a)(1)(viii) to read as distribute an Annual Report to each to the participant that it intends to follows: distribute electronically the Account participant in each pool that it operates, § 4.35 Performance disclosures. and must file a copy of the Report with Statement or Annual Report or both the National Futures Association, documents, as the case may be, absent (a) General principles.—(1) * * * (viii) In the case of the offered trading within 90 calendar days after the end on objection from the participant, which program: the pool’s fiscal year or the permanent objection, if any, the participant must make no later than 10 business days (A)(1) The number of accounts traded cessation of trading, whichever is pursuant to the offered trading program earlier, but in no event longer than 90 following its receipt of the disclosure. (j) An Account Statement or Annual that were opened and closed during the days after funds are returned to pool period specified in § 4.35(a)(5) with a participants; Provided, however, That if Report may contain a facsimile signature, Provided, That: positive net lifetime rate of return as of during any calendar year the commodity the date the account was closed; and pool operator did not operate a (A) The CPO maintains in accordance (2) A measure of the variability of commodity pool, the pool operator must with § 4.23 the Account Statement or returns for accounts that were both so notify the National Futures Annual Report containing the manual opened and closed during the period Association within 30 calendar days signature from which the facsimile specified in § 4.35(a)(5) and closed with after the end of such calendar year. The signature was made; and positive net lifetime rates of return; and Annual Report must be signed pursuant (B) The Annual Report the CPO files (B)(1) The number of accounts traded to paragraph (h) of this section and must with a registered futures association is pursuant to the offered trading program contain the following: manually signed. that were opened and closed during the * * * * * (ii) For each pool for which the CPO period specified in § 4.35(a)(5) with (6) For the purpose of the Annual distributes an Account Statement or negative net lifetime rates of return as of Report distribution requirement, Annual Report by means of electronic the date the account was closed; and including any annual report distributed media, the CPO must make and keep in (2) A measure of the variability of pursuant to § 4.7(b)(3) or 4.12(b)(2)(iii), accordance with § 4.23 a manually returns for accounts that were both the term ‘‘participant’’ does not include signed copy of the Statement. opened and closed during the period

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specified in § 4.35(a)(5) and closed with Application: The investor fund CPO may fund’s assets to investee funds that trade negative net lifetime rates of return. claim relief under Rule 4.13(a)(3) provided commodity interests (without regard to the (C) The measure of variability the investor fund itself meets the trading level of commodity interest trading engaged required by §§ 4.35(a)(1)(viii)(A)(2) and limits of Rule 4.13(a)(3). in by those investee pools). It does not (B)(2) may be provided as a range of 2. Situation: An investor fund CPO allocate any of the investor fund’s assets allocates the fund’s assets to one or more both positive and negative net lifetime directly to commodity interest trading. investee funds, each having a CPO who is Application: The investor fund CPO may returns, or by any other form of either: (1) itself claiming exemption from claim relief under Rule 4.13(a)(3). disclosure that meets the objective of CPO registration under Rule 4.13(a)(3); or (2) 6. Situation: An investor fund CPO disclosure of the variability of returns a registered CPO that is complying with the allocates the fund’s assets to both investee experienced by clients in the trading trading restrictions of Rule 4.13(a)(3). It does funds and direct trading of commodity program whose accounts were opened not allocate any of the investor fund’s assets interests. and closed during the period specified directly to commodity interest trading. Application: The investor fund CPO must in § 4.35(a)(5). The net lifetime rate of Application: The investor fund CPO fund treat the amount of investor fund assets may rely upon the representations of the committed to such direct trading as a return shall be calculated as the investee fund CPOs that they are complying separate pool for purposes of determining compounded product of the monthly with the trading limits of Rule 4.13(a)(3). compliance with Rule 4.13(a)(3)(i), such that rates of return for each month the 3. Situation: An investor fund CPO account is open. allocates the fund’s assets to investee funds, the commodity interest trading of that pool each of which operates under a percentage must meet the criteria of Rule 4.13(a)(3)(i) * * * * * independently of the portion of investor fund ■ restriction on the amount of margin or option 11. Appendices A and B are added to premiums that may be used to establish its assets allocated to investee funds. part 4 to read as follows: commodity interest positions (whether Appendix B to Part 4—Adjustments for Appendix A to Part 4—Guidance on the pursuant to Rule 4.12(b), Rule 4.13(a)(3)(i)(A) Additions and Withdrawals in the Application of Rule 4.13(a)(3) in the or otherwise), by, e.g., contractual agreement. It does not allocate any of the investor fund’s Computation of Rate of Return Fund-of-Funds Context assets directly to commodity interest trading. This appendix provides guidance The following provides guidance on the Application: The CPO of the investor fund concerning alternate methods by which application of the trading limits of Rule may multiply the percentage restriction commodity pool operators and commodity 4.13(a)(3)(ii) to commodity pool operators applicable to each investee fund by the trading advisors may calculate the rate of (CPOs) who operate ‘‘fund-of-funds.’’ For the percentage of the investor fund’s allocation of return information required by Rules purpose of this Appendix A, it is presumed assets to that investee fund to determine 4.25(a)(7)(i)(F) and 4.35(a)(6)(i)(F). The that the CPO can comply with all of the other whether the CPO is operating the investor methods described herein are illustrative of fund in compliance with Rule requirements of Rule 4.13(a)(3). It also is calculation methods the Commission has 4.13(a)(3)(i)(A). presumed that where the investor fund CPO reviewed and determined may be appropriate 4. Situation: An investor fund CPO is relying on its own computations, the to address potential material distortions in allocates the fund’s assets to one or more investor fund is participating in each the computation of rate of return due to investee fund that trades commodity interests investee funds, and it has actual knowledge additions and withdrawals that occur during as a passive investor, with limited liability of the trading limits and commodity interest a performance reporting period. A (e.g., as a limited partner of a limited positions of the investee funds, e.g., where commodity pool operator or commodity partnership or a non-managing member of a the CPO or one or more affiliates of the CPO limited liability company). Fund-of-funds operate the investee funds. (For this purpose, trading advisor may present to the CPOs who seek to claim exemption from an ‘‘affiliate’’ is a person who controls, who Commission proposals regarding any registration under Rule 4.13(a)(1), (a)(2) or is controlled by, or who is under common alternative method of addressing the effect of (a)(4) may do so without regard to the trading control with, the CPO.) It does not allocate additions and withdrawals on the rate of engaged in by an investee fund, because none any of the investor fund’s assets directly to return computation, including of the registration exemptions set forth in commodity interest trading. documentation supporting the rationale for those rules concerns limits on or levels of Application: The investor fund CPO may use of that alternate method. aggregate commodity interest positions commodity interest trading. Persons whose 1. Compounded Rate of Return Method fact situations do not fit any of the scenarios across investee funds to determine below should contact Commission staff to compliance with the trading restrictions of Rate of return for a period may be discuss the applicability of the registration Rule 4.13(a)(3). For this purpose, the calculated by computing the net performance exemption in Rule 4.13(a)(3) to their aggregate assets of the investee funds would divided by the beginning net asset value for particular situations. be compared to the aggregate of their each trading day in the period and 1. Situation: An investor fund CPO commodity interest positions (as to margin or compounding each daily rate of return to allocates the fund’s assets to one or more as to net notional value). The investor fund determine the rate of return for the period. investee funds, none of which meets the CPO should use the results of this If daily compounding is not practicable, the trading limits of Rule 4.13(a)(3) and each of computation to determine its compliance rate of return may be compounded on the which is operated by a registered CPO. It with the trading limits of Rule 4.13(a)(3). basis of each sub-period within which an does not allocate any of the investor fund’s 5. Situation: An investor fund CPO addition or withdrawal occurs during a assets directly to commodity interest trading. allocates no more than 50 percent of the month. For example:

Account value Change in value

Start of month ...... $10,000 +10% ($1,000 profit). End of 1st acct. period ...... 11,000 $4,000 addition. Start of 2nd acct. period ...... 15,000 ¥20% ($3,000 loss). End of 2nd acct. period ...... 12,000 $2,000 withdrawal. Start of 3rd acct. period ...... 10,000 +25% ($2,500 profit). End of month ...... 12,500 Compounded ROR = [(1 + .1)(1 ¥ .2)(1 + .25)] &¥ 1 = 10%.

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2. Time-weighted method SUPPLEMENTARY INFORMATION: Pennfield DEPARTMENT OF HOMELAND Time-weighting allows for adjustment to Oil Co., 14040 Industrial Rd., Omaha, SECURITY the denominator of the rate of return NE 68144, holds an approval for NADA calculation for additions and withdrawals, 138–934 for use of PENNCHLOR SP 250 Coast Guard weighted for the amount of time such funds and PENNCHLOR SP 500 were available during the period. Several 33 CFR Parts 100 and 165 methods exist for time-weighting, all of (chlortetracycline, procaine penicillin, which will have the same arithmetic result. and sulfamethazine) three-way, fixed [USCG–2003–15813] These methods include: dividing the net combination Type A medicated articles performance by the average weighted account to make three-way combination drug Safety Zones, Security Zones, and sizes for the month; dividing the net Type C medicated swine feeds for use Special Local Regulations performance by the arithmetic mean of the for growth promotion, increased feed AGENCY: Coast Guard, DHS. account sizes for each trading day during the efficiency, and the management of period; and taking the number of days funds ACTION: Notice of temporary rules were available for trading divided by the total several bacterial diseases. This product issued. number of days in the period. is subject to the transitional approval provision of section 108(b)(2) of the SUMMARY: This document provides Issued in Washington, DC on August 1, 2003 by the Commission. Animal Drug Amendments of 1968 and required notice of substantive rules issued by the Coast Guard and Jean A. Webb, is currently subject to interim marketing temporarily effective between April 1, Secretary of the Commission. under § 558.15(g)(1) (21 CFR 558.15(g)(1)). At this time, 21 CFR 2003 and June 30, 2003, that were not [FR Doc. 03–20094 Filed 8–7–03; 8:45 am] 558.145 is being amended to reflect this published in the Federal Register. This BILLING CODE 6351–01–P approved application. quarterly notice lists temporary local regulations, security zones, and safety We note the drug sponsors designated zones of limited duration and for which DEPARTMENT OF HEALTH AND for this product in § 558.15(g)(1), timely publication in the Federal HUMAN SERVICES American Cyanamid Co. and Pfizer, Register was not possible. Inc., are incorrect. Likewise, the DATES: This notice lists temporary Coast Food and Drug Administration provision states that the use levels and Guard rules that became effective and indications for use for this medicated were terminated between April 1, 2003 21 CFR Part 558 article are listed in § 558.15(g)(2), but and June 30, 2003. this information was apparently never ADDRESSES: The Docket Management New Animal Drugs for Use in Animal listed in § 558.15(g)(2). Feeds; Chlortetracycline, Procaine Facility maintains the public docket for Penicillin, and Sulfamethazine This rule does not meet the definition this notice. Documents indicated in this of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because notice will be available for inspection or AGENCY: Food and Drug Administration, it is a rule of ‘‘particular applicability.’’ copying at the Docket Management HHS. Therefore, it is not subject to the Facility, U.S. Department of ACTION: Final rule. congressional review requirements in 5 Transportation, Room PL–401, 400 U.S.C. 801–808. Seventh SW., Washington, DC 20593– SUMMARY: The Food and Drug 0001 between 9 a.m. and 5 p.m., Administration (FDA) is amending the List of Subjects in 21 CFR Part 558 Monday through Friday, except Federal animal drug regulations to reflect the Animal drugs, Animal feeds. Holidays. You may electronically access approved status of a new animal drug the public docket for this notice on the application (NADA) held by Pennfield ■ Therefore, under the Federal Food, Internet at http://dms.dot.gov. Oil Co. The NADA provides for the use Drug, and Cosmetic Act and under FOR FURTHER INFORMATION CONTACT: For of three-way, fixed combination Type A authority delegated to the Commissioner questions on this notice, contact LT medicated articles containing of Food and Drugs and redelegated to the Sean Fahey, Office of Regulations and chlortetracycline, procaine penicillin, Center for Veterinary Medicine, 21 CFR Administrative Law, telephone (202) and sulfamethazine to make three-way part 558 is amended as follows: 267–2830. For questions on viewing, or combination drug Type C medicated on submitting material to the docket, swine feeds used for growth promotion, PART 558—NEW ANIMAL DRUGS FOR contact Dorothy Beard, Chief, Dockets, increased feed efficiency, and the USE IN ANIMAL FEEDS Department of Transportation at (202) management of several bacterial 366–5149. diseases. Elsewhere in this issue of the ■ 1. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION: Coast Federal Register, FDA is publishing a part 558 continues to read as follows: proposed rule to remove certain Guard District Commanders and obsolete or redundant sections of the Authority: 21 U.S.C. 360b, 371. Captains of the Port (COTP) must be immediately responsive to the safety new animal drug regulations. That § 558.145 [Amended] proposed rule contains background and security needs of the waters within information about those regulations and ■ 2. Section 558.145 Chlortetracycline, their jurisdiction; therefore, District Commanders and COTPs have been also for this action. procaine penicillin, and sulfamethazine delegated the authority to issue certain is amended in paragraph (a)(2) by adding DATES: This rule is effective August 8, local regulations. Safety zones may be 2003. ‘‘and 053389’’ after ‘‘046573’’. established for safety or environmental FOR FURTHER INFORMATION CONTACT: Dated: August 1, 2003. purposes. A safety zone may be Andrew J. Beaulieu, Center for Stephen F. Sundlof, stationary and described by fixed limits Veterinary Medicine (HFV–1), 7519 Director, Center for Veterinary Medicine. or it may be described as a zone around Standish Pl., Rockville, MD 20855, 301– [FR Doc. 03–20245 Filed 8–5–03; 4:09 pm] a vessel in motion. Security zones limit 827–2954, e-mail: access to prevent injury or damage to [email protected]. BILLING CODE 4160–01–S vessels, ports, or waterfront facilities.

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Special local regulations are issued to contents of these special local in effect or terminated. The safety zones, enhance the safety of participants and regulations, security zones, or safety special local regulations are security spectators at regattas and other marine zones by Coast Guard officials on-scene zones listed in this notice have been events. Timely publication of these prior to any enforcement action. exempted from review under Executive rules in the Federal Register is often However, the Coast Guard, by law, must Order 12866, Regulatory Planning and precluded when a rule responds to an publish in the Federal Register notice of Review, because of their emergency emergency, or when an event occurs substantive rules adopted. To meet this nature, or limited scope and temporary without sufficient advance notice. The obligation without imposing undue effectiveness. affected public is, however, informed of expense on the public, the Coast Guard these rules through Local Notices to periodically publishes a list of these The following rules were placed in Mariners, press releases, and other temporary special local regulations, effect temporarily during the period means. Moreover, actual notification is security zones and safety zones. from April 1, 2003, through June 30, provided by Coast Guard patrol vessels Permanent rules are not included in this 2003, unless otherwise indicated. enforcing the restrictions imposed by list because they are published in their Dated: August 4, 2003. the rule. Because Federal Register entirety in the Federal Register. S.G. Venckus, publication was not possible before the Temporary rules may also be published beginning of the effective period, in their entirety if sufficient time is Chief, Office of Regulations and mariners were personally notified of the available to do so before they are placed Administrative Law.

COTP QUARTERLY REPORT—2ND QUARTER 2003

COTP docket Location Type Effective date

Charleston 03–093 ...... Charleston, SC ...... Safety Zone ...... 5/31/2003 Jacksonville 03–055 ...... St. Johns River, Jacksonville, FL ...... Safety Zone ...... 4/26/2003 Jacksonville 03–059 ...... Atlantic Ocean, Cocoa Beach, FL ...... Safety Zone ...... 4/26/2003 Jacksonville 03–061 ...... Banana River, Cocoa Beach, FL ...... Safety Zone ...... 4/25/2003 Jacksonville 03–074 ...... Fernandina Beach, FL ...... Safety Zone ...... 5/2/2003 Jacksonville 03–096 ...... Indian River, New Smyrna Beach, FL ...... Safety Zone ...... 6/28/2003 Louisville 03–002 ...... Cincinnati Offshore Grand Prix, Ohio River ...... Safety Zone ...... 6/14/2003 Memphis 03–001 ...... McCellan-Kerr Arks. Riv. M. 335.3 to 336.3 ...... Safety Zone ...... 5/15/2003 Miami 03–065 ...... West Palm Beach, FL ...... Safety Zone ...... 5/29/2003 Miami 03–066 ...... Port Everglades, Fort Lauderdale, FL ...... Security Zone ...... 4/28/2003 Miami 03–067 ...... Fort Lauderdale, FL ...... Safety Zone ...... 5/3/2003 Miami 03–068 ...... Sun Fest West Palm Beach, FL ...... Safety Zone ...... 5/2/2003 New Orleans 03–008 ...... LWR Mississippi River, M. 94 ...... Safety Zone ...... 4/12/2003 New Orleans 03–009 ...... LWR Mississippi River, M. 19 to 21 ...... Safety Zone ...... 4/12/2003 New Orleans 03–010 ...... LWR Mississippi River, M. 430 ...... Safety Zone ...... 4/15/2003 New Orleans 03–011 ...... LWR Mississippi River, Passes, LA ...... Security Zone ...... 4/9/2003 New Orleans 03–012 ...... Inner Harbor Nav. Canal, New Orleans, LA ...... Safety Zone ...... 4/15/2003 Paducah 03–007 ...... Upper Mississippi River, M. 51.5 to 52.5 ...... Safety Zone ...... 4/7/2003 Paducah 03–008 ...... Upper Mississippi River, M. 51.5 to 52.5 ...... Safety Zone ...... 4/10/2003 Paducah 03–011 ...... Ohio River, M. 962 to 963 ...... Safety Zone ...... 4/29/2003 Paducah 03–012 ...... Upper Mississippi River, M. 51.5 to 52.5 ...... Safety Zone ...... 5/1/2003 Paducah 03–013 ...... Tennessee River, M. 446 to 475 ...... Safety Zone ...... 5/6/2003 Philadelphia 03–018 ...... Delaware Bay and River ...... Security Zone ...... 6/6/2003 Pittsburgh 03–003 ...... Allegheny River, M. 0.3 to 0.7 ...... Safety Zone ...... 4/8/2003 Pittsburgh 03–004 ...... Allegheny River, M. 0.3 to 0.7 ...... Safety Zone ...... 4/19/2003 Pittsburgh 03–005 ...... Monogahela River, M. 97.5 to 98.5 ...... Safety Zone ...... 5/9/2003 Port Arthur 03–003 ...... Gulf Intracoastal Water, M. 319 ...... Safety Zone ...... 4/15/2003 Port Arthur 03–004 ...... Port Arthur Ship Canal, Port Arthur, TX ...... Safety Zone ...... 5/15/2003 Port Arthur 03–005 ...... Port Arthur Ship Canal, Port Arthur, TX ...... Safety Zone ...... 5/16/2003 Port Arthur 03–006 ...... Neches River, Port Neches, TX ...... Safety Zone ...... 5/21/2003 Port Arthur 03–007 ...... Port Arthur Ship Canal, Port Arthur, TX ...... Safety Zone ...... 6/10/2003 San Diego 03–016 ...... National City Marine Terminal, San Diego ...... Security Zone ...... 4/25/2003 San Diego 03–020 ...... Naval Base Coronado, San Diego, California ...... Security Zone ...... 5/1/2003 San Diego 03–021 ...... River ...... Safety Zone ...... 5/9/2003 San Diego 03–024 ...... Laughlin, Nevada ...... Safety Zone ...... 5/25/2003 San Francisco 03–006 ...... Suisun Bay, Concord, CA ...... Security Zone ...... 4/5/2003 San Francisco 03–007 ...... Oakland Inner Harbor, Oakland, CA ...... Security Zone ...... 4/30/2003 San Francisco Bay 03–011 ...... Oakland Inner Harbor, Oakland, CA ...... Safety Zone ...... 6/7/2003 San Francisco Bay 03–012 ...... Oakland Estuary, Alameda, CA ...... Security Zone ...... 6/12/2003 San Francisco Bay 03–013 ...... Pillar Point, California ...... Safety Zone ...... 6/12/2003 San Francisco Bay 03–015 ...... San Francisco Bay, San Francisco, CA ...... Security Zone ...... 6/27/2003 San Francisco Bay 03–016 ...... Half Moon Bay and Vicinity of Pillar Pt., CA ...... Safety Zone ...... 6/24/2003 San Francisco Bay 03–018 ...... Half Moon Bay and Vicinity of Pillar Pt., CA ...... Safety Zone ...... 6/26/2003 San Juan 03–063 ...... San Juan, Puerto Rico ...... Security Zone ...... 4/16/2003 San Juan 03–084 ...... San Juan, Puerto Rico ...... Security Zone ...... 5/14/2003 Savannah 03–056 ...... Savannah River, Savannah, GA ...... Security Zone ...... 4/2/2003 Savannah 03–064 ...... Savannah River, Savannah, GA ...... Security Zone ...... 4/18/2003 Savannah 03–070 ...... Brunswick River, Brunswick, GA ...... Safety Zone ...... 4/24/2003 Savannah 03–077 ...... Savannah River, Savannah, GA ...... Security Zone ...... 5/8/2003 Savannah 03–085 ...... Savannah River, Savannah, GA ...... Security Zone ...... 5/21/2003 Savannah 03–086 ...... Savannah River, Savannah, GA ...... Safety Zone ...... 5/20/2003

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COTP QUARTERLY REPORT—2ND QUARTER 2003—Continued

Effective COTP docket Location Type date

St. Louis 03–003 ...... Upper Mississippi River M. 403.5 to 404.5 ...... Safety Zone ...... 6/22/2003 Tampa 03–058 ...... Clearwater Harbor, Florida ...... Security Zone ...... 4/5/2003

DISTRICT QUARTERLY REPORT—2ND QUARTER 2003

Effective District docket Location Type date

01–03–015 ...... Hudson River, Middle Ground Flats, Hudson, NY Safety Zone ...... 6/14/2003 01–03–032 ...... Branford, CT ...... Safety Zone ...... 6/21/2003 01–03–046 ...... Bridgeport, CT ...... Safety Zone ...... 5/17/2003 01–03–048 ...... New London, CT ...... Security Zone ...... 5/21/2003 01–03–049 ...... Boston Harbor Fireworks, Boston, Mass ...... Safety Zone ...... 6/29/2003 01–03–052 ...... JFK Library, Boston, MA ...... Safety Zone ...... 5/28/2003 01–03–055 ...... Vietnam Veterans Fireworks, East Haven, CT ...... Safety Zone ...... 6/29/2003 01–03–056 ...... Harkness Fireworks Display, Waterford, CT ...... Safety Zone ...... 6/28/2003 01–03–058 ...... Godfrey Wedding Fireworks, Westport, CT ...... Safety Zone ...... 6/28/2003 01–03–077 ...... ISC Boston, MA ...... Safety/Security ...... 6/27/2003 05–03–039 ...... Neuse River, New Bern, NC ...... Special Local ...... 5/3/2003 05–03–041 ...... Williamsburg, Virginia ...... Safety Zone ...... 4/29/2003 05–03–044 ...... Hampton Roads, Elizabeth Riber, VA ...... Security Zone ...... 5/6/2003 05–03–045 ...... Hampton Roads, Elizabeth River, VA ...... Security Zone ...... 5/4/2003 05–03–052 ...... Atlantic Ocean, Point Pleasant Beach ...... Special Local Reg ...... 6/22/2003 05–03–053 ...... Isle of Wight Bay, Ocean City, Maryland ...... Safety Zone ...... 5/26/2003 05–03–054 ...... Tappahannock, Virginia ...... Safety Zone ...... 5/30/2003 05–03–055 ...... Chester River, Chestertown, MD ...... Special Local Reg ...... 6/28/2003 05–03–067 ...... Hampton Roads, Elizabeth River, VA ...... Security Zone ...... 6/11/2003 05–03–069 ...... Hampton Roads, Elizabeth River, VA ...... Security Zone ...... 6/14/2003 05–03–070 ...... Hampton Roads, Elizabeth, River, VA ...... Security Zone ...... 6/16/2003 05–03–071 ...... Patapsco River, Baltimore, Maryland ...... Safety Zone ...... 6/14/2003 09–03–220 ...... Muskego Lake, Muskegon, MI ...... Safety Zone ...... 6/7/2003

[FR Doc. 03–20193 Filed 8–7–03; 8:45 am] ADDRESSES: Comments and material complaints or negative comments BILLING CODE 4910–15–M received from the public, as well as previously with regard to this event. documents indicated in this preamble as For the same reasons, under 5 U.S.C. being available in the docket, are part of 553(d)(3), the Coast Guard finds that DEPARTMENT OF HOMELAND docket [CGD09–03–227] and are good cause exists for making this rule SECURITY available for inspection or copying at effective less than 30 days after U.S. Coast Guard Marine Safety Office publication in the Federal Register. Coast Guard Milwaukee, 2420 South Lincoln Background and Purpose Memorial Drive, Milwaukee, WI 53207 33 CFR Part 165 between 7 a.m. and 3:30 p.m., Monday This safety zone is established to through Friday, except Federal holidays. safeguard the public from the hazards of [CGD09–03–227] high-speed boat races. The size of the FOR FURTHER INFORMATION CONTACT: zone was determined by the race course Marine Science Technician Chief Dave RIN 1625–AA00 and using previous experiences of high- McClintock, Marine Safety Office speed boat races in the Captain of the Milwaukee, at (414) 747–7155. Safety Zone; Milwaukee Harbor, Port zones and local knowledge about Milwaukee, WI SUPPLEMENTARY INFORMATION: wind, waves, and currents in this Regulatory Information particular area. AGENCY: Coast Guard, DHS. The safety zone will be enforced on ACTION: Temporary final rule. We did not publish a notice of August 8, 2003 from 9 a.m. until 4 p.m.; proposed rulemaking (NPRM) for this on August 9 and 10, 2003 from 9 a.m. SUMMARY: The Coast Guard is regulation. Under 5 U.S.C. 553(b)(B), the until 5 p.m. The safety zone will start establishing a temporary safety zone Coast Guard finds that good cause exists at the following coordinates: 43° 02.423′ inside Milwaukee Harbor for the for not publishing an NPRM. The permit N 087° 53.167′ W west to 43° 02.422′ N Offshore Power Boat Races. This safety application was not received in time to 087° aves\rules.xml 53.442′ W south to zone is necessary to protect spectators publish an NPRM followed by a final 43° 01.583′ N 087° 53.550′ W southeast and vessels from the hazards associated rule before the effective date. Delaying to 43° 00.533′ N 087° 53.091′ W east to with high speed vessels. This safety this rule would be contrary to the public 43° 00.619′ N 087° 52.827′ W north to zone is intended to restrict vessel traffic interest of ensuring the safety of 43° 01.587′ N 087° 53.244′ W north to from a portion of the Milwaukee Harbor. spectators and vessels during this event ending waypoint 43° 02.423′ N 087° DATES: This rule is effective from 9 a.m. and immediate action is necessary to 53.167′ W located inside of Milwaukee on August 8, 2003 until 5 p.m. on prevent possible loss of life or property. Harbor. There will also be a northern August 10, 2003. The Coast Guard has not received any zone prohibiting vessel traffic into the

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racing area at the following position 43° Small Entities Collection of Information 02.473′ N 087° 52.877′ W to 43° 02.535′ Under the Regulatory Flexibility Act This rule calls for no new collection N 087° 53.020′ W to 43° 02.565′ N 087° (5 U.S.C. 601–612), we considered of information under the Paperwork 53.127′ W to 43° 02.590′ N 087° 53.260′ whether this rule would have a Reduction Act of 1995 (44 U.S.C. 3501– W. There will also be a southern zone significant economic impact on a 3520). which also provides a lane for substantial number of small entities. recreational vessels into inner The term ‘‘small entities’’ comprises Federalism Milwaukee Harbor. At the following small businesses, not-for-profit ° ′ ° ′ A rule has implications for federalism position 43 00.490 N 087 52.660 W organizations that are independently ° ′ ° ′ ° under Executive Order 13132, to 43 00.429 N 087 52.744 W to 43 owned and operated and are not ′ ° ′ ° ′ Federalism, if it has a substantial direct 00.373 N 087 52.886 W to 43 00.343 dominant in their fields, and effect on State or local governments and N 087° 53.055′ W to 43° 00.508′ N 087° governmental jurisdictions with ′ ° ′ ° ′ would either preempt State law or 53.246 W to 43 00.597 N 087 53.318 populations of less than 50,000. impose a substantial direct cost of W to 43° 00.911′ N 087° 53.467′ W to The Coast Guard certifies under 5 ° ′ ° ′ ° compliance on them. We have analyzed 43 01.100 N 087 53.559 W to 43 U.S.C. 605(b) that this rule will not have this rule under that Order and have 01.218′ N 087° 53.612′ W to 43° 01.311′ a significant economic impact on a ° ′ ° ′ ° determined that it does not have N 087 53.642 W to 43 01.378 N 087 substantial number of small entities. implications for federalism. 53.617′ W to 43° 01.504′ N 087° 53.649′ This rule will affect the following W (NAD 83) entities: the owners or operators of Unfunded Mandates Reform Act All persons and vessels shall comply vessels intending to transit or anchor in The Unfunded Mandates Reform Act with the instructions of the Captain of the vicinity of the inner and outer of 1995 (2 U.S.C. 1531–1538) requires the Port Milwaukee or his designated on Milwaukee Harbor on August 8, 2003 Federal agencies to assess the effects of scene patrol personnel. Entry into, from 9 a.m. until 4 p.m. and again on their discretionary regulatory actions. In transiting, or anchoring within the August 9 and August 10, 2003 from 9 particular, the Act addresses actions safety zone is prohibited unless a.m. until 5 p.m. that may result in the expenditure by a This safety zone will not have a authorized by the Captain of the Port State, local, or tribal government, in the significant economic impact on a Milwaukee or his designated on scene aggregate, or by the private sector of substantial number of small entities for representative. The Captain of the Port $100,000,000 or more in any one year. the following reasons: This rule will be Milwaukee may be contacted via VHF Though this rule would not result in Channel 16. in effect for only one hour on one day and late in the day when vessel traffic such an expenditure, we do discuss the Discussion of Rule is minimal. Vessel traffic may enter or effects of this rule elsewhere in this preamble. The Coast Guard is establishing a transit through the safety zone with the safety zone running between the break permission of the Captain of the Port Taking of Private Property Milwaukee or his designated on scene walls inside and outside Milwaukee This rule will not effect a taking of Harbor, Milwaukee, Wisconsin. High- representative. Before the effective period, we will issue maritime private property or otherwise have speed vessels will be transiting the taking implications under Executive inner harbor on Friday August 8, 2003 advisories widely available to users of the Port of Milwaukee. Order 12630, Governmental Actions and to tune their engines and become Interference with Constitutionally familiar with the race course. Due to Assistance for Small Entities Protected Property Rights. other vessel traffic there will be times Under section 213(a) of the Small Civil Justice Reform that when the high-speed vessels will Business Regulatory Enforcement not be transiting the area so other Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards vessels may transit this area. On August we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive 9 and 10, 2003 the races will occur. understanding the rule so that they can Order 12988, Civil Justice Reform, to There will be breaks between races for better evaluate its effects on them and minimize litigation, eliminate other vessels to transit in and out of the participate in the rulemaking process. If ambiguity, and reduce burden. harbor. The Coast Guard will notify the the rule would affect your small Protection of Children public, in advance, by way of Ninth business, organization, or governmental Coast Guard District Local Notice to jurisdiction and you have questions We have analyzed this rule under Mariners, marine information concerning its provisions or options for Executive Order 13045, Protection of broadcasts, and for those who request it compliance, please contact Marine Children from Environmental Health from Marine Safety Office Milwaukee, Safety Office Milwaukee (See Risks and Safety Risks. This rule is not by facsimile (fax). ADDRESSES.) an economically significant rule and Regulatory Evaluation Small businesses may send comments does not concern an environmental risk on the actions of Federal employees to health or risk to safety that may This rule is not a ‘‘significant who enforce, or otherwise determine disproportionately affect children. regulatory action’’ under section 3(f) of compliance with, Federal regulations to Indian Tribal Governments Executive Order 12866, Regulatory the Small Business and Agriculture Planning and Review, and does not Regulatory Enforcement Ombudsman This rule does not have tribal require an assessment of potential costs and the Regional Small Business implications under Executive Order and benefits under section 6(a)(3) of that Regulatory Fairness Boards. The 13175, Consultation and Coordination Order. The Office of Management and Ombudsman evaluates these actions with Indian Tribal Governments, Budget has not reviewed it under that annually and rates each agency’s because it does not have a substantial Order. It is not ‘‘significant’’ under the responsiveness to small business. If you direct effect on one or more Indian regulatory policies and procedures of wish to comment on actions by tribes, on the relationship between the the Department of Homeland Security employees of the Coast Guard, call 1– Federal Government and Indian tribes, (DHS). 888–REG–FAIR (1–888–734–3247). or on the distribution of power and

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responsibilities between the Federal W east to 43° 00.619′ N 087° 52.827′ W DEPARTMENT OF HOMELAND Government and Indian tribes. north to 43° 01.587′ N 087° 53.244′ W SECURITY north to ending waypoint 43° 02.423′ N Energy Effects 087° 53.167′ W located inside of Coast Guard We have analyzed this rule under Milwaukee Harbor. There will also be a Executive Order 13211, Actions northern zone prohibiting vessel traffic 33 CFR Part 165 Concerning Regulations That into the racing area at the following [CGD09–03–224] Significantly Affect Energy Supply, position 43° 02.473′ N 087° 52.877′ W Distribution, or Use. We have to 43° 02.535′ N 087° 53.020′ W to 43° RIN 1625–AA97 determined that it is not a ‘‘significant 02.565′ N 087° 53.127′ W to 43° 02.590′ Safety Zone; Harley Davidson Motor energy action’’ under that order because N 087° 53.260′ W. There will also be a Company 100th Anniversary it is not a ‘‘significant regulatory action’’ southern zone which also provides a Fireworks, Milwaukee, WI under Executive Order 12866 and is not lane for recreational vessels into inner likely to have a significant adverse effect Milwaukee Harbor. At the following AGENCY: Coast Guard, DHS. on the supply, distribution, or use of ° ′ ° ′ position 43 00.490 N 087 52.660 W ACTION: Temporary final rule. energy. It has not been designated by the to 43° 00.429′ N 087° 52.744′ W to 43° Administrator of the Office of 00.373′ N 087° 52.886′ W to 43° 00.343′ SUMMARY: The Coast Guard is Information and Regulatory Affairs as a N 087° 53.055′ W to 43° 00.508′ N 087° establishing a temporary safety zone in significant energy action. Therefore, it 53.246′ W to 43° 00.597′ N 087° 53.318′ Milwaukee Harbor for the Harley does not require a Statement of Energy W to 43° 00.911′ N 087° 53.467′ W to Davidson 100th Anniversary fireworks Effects under Executive Order 13211. 43° 01.100′ N 087° 53.559′ W to 43° display. This safety zone is necessary to ′ ° ′ ° ′ Environment 01.218 N 087 53.612 W to 43 01.311 protect spectators and vessels from the N 087° 53.642′ W to 43° 01.378′ N 087° hazards associated with the storage, We have analyzed this rule under 53.617′ W to 43° 01.504′ N 087° 53.649′ preparation, and launching of fireworks. Commandant Instruction M16475.1D, W (NAD 83) This safety zone is intended to restrict which guides the Coast Guard in vessel traffic from a portion of complying with the National (b) Enforcement Periods. This rule is effective from 9 a.m. on August 8, 2003 Milwaukee Harbor. Environmental Policy Act of 1969 DATES: This rule is effective from 9:50 (NEPA)(42 U.S.C. 4321–4370f), and until 5 p.m. on August 10, 2003. This section will be enforced from 9 a.m. p.m. (CST) on August 30, 2003 until have concluded that there are no factors 10:15 p.m. (CST) on September 1, 2003. in this case that would limit the use of until 4 p.m. on August 8, 2003 for ADDRESSES: Comments and material a categorical exclusion under section warm-ups; and from 9 a.m. until 5 p.m. received from the public, as well as 2.B.2. of the Instruction. Therefore, this on August 9 and again on August 10, documents indicated in this preamble as rule is categorically excluded, under 2003 for the races. being available in the docket, are part of figure 2–1, paragraph (34)(g) of the (c) Regulations. (1) The general docket CGD09–03–224 and are available Commandant Instruction M16475.1D, regulations contained in 33 CFR 165.23 for inspection or copying at U.S. Coast from further environmental apply. Guard Marine Safety Office Milwaukee, documentation. (2) All persons and vessels shall 2420 South Lincoln Memorial Drive, List of Subjects in 33 CFR Part 165 comply with the instructions of the Milwaukee, WI 53207 between 7 a.m. Coast Guard Captain of the Port Harbors, Marine safety, Navigation and 3:30 p.m., Monday through Friday, Milwaukee or the designated on scene (water), Reporting and recordkeeping except Federal holidays. patrol personnel. Coast Guard patrol requirements, Security measures, and FOR FURTHER INFORMATION CONTACT: personnel include commissioned, Waterways. Marine Science Technician First Class warrant or petty officers of the U.S. Mike Schmitdke, Marine Safety Office ■ For the reasons discussed in the Coast Guard. Upon being hailed by a Milwaukee, at (414)747–7155. preamble, the Coast Guard amends 33 U.S. Coast Guard vessel via siren, radio, SUPPLEMENTARY INFORMATION: CFR part 165 as follows: flashing light, or other means, the operator shall proceed as directed. Regulatory Information PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS (3) This safety zone should not On June 16, 2003 we published a adversely affect shipping. However, notice of proposed rulemaking (NPRM) ■ 1. The authority citation for part 165 commercial vessels may request for this regulation (68 FR 35615). The continues to read as follows: permission from the Captain of the Port permit application was received such Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Milwaukee to enter or transit the safety that we could receive public comment Chapter 701; 50 U.S.C. 191, 195; 33 CFR zone. Approval will be made on a case- on the proposed rule. However, under 5 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. by-case basis. Requests must be in U.S.C. 553(d)(3), the Coast Guard finds 107–295, 116 Stat. 2064; Department of advance and approved by the Captain of that good cause exists for making this Homeland Security Delegation No. 0170. the Port Milwaukee before transits will rule effective less than 30 days from the ■ 2. A new temporary § 165.T09–227 is be authorized. The Captain of the Port date of publication. The permit added to read as follows: Milwaukee may be contacted via U.S. application did not allow sufficient time Coast Guard Group Milwaukee on for publication of an NPRM followed by § 165.T09–227 Safety Zone; Milwaukee Channel 16, VHF–FM. a temporary final rule effective 30 days Harbor, Milwaukee, WI. after publication. Any delay of the Dated: July 30, 2003. (a) Location. The following is a safety effective date of this rule would be zone bounded by the following H.M. Hamilton, contrary to the public interest by coordinates: 43° 02.423′ N 087° 53.167′ Commander, U.S. Coast Guard Captain of exposing the public to the known W west to 43° 02.422′ N 087° 53.442′ W the Port Milwaukee. dangers associated with fireworks south to 43° 01.583′ N 087° 53.550′ W [FR Doc. 03–20194 Filed 8–7–03; 8:45 am] displays and the possible loss of life, southeast to 43° 00.533′ N 087° 53.091′ BILLING CODE 4910–15–P injury, and damage to property.

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Background and Purpose vessels intending to transit or anchor in Unfunded Mandates Reform Act This safety zone is established to the vicinity of outer Milwaukee Harbor The Unfunded Mandates Reform Act safeguard the public from the hazards from 9:50 p.m. (CST) until 10:15 p.m. of 1995 (2 U.S.C. 1531–1538) requires associated with launching of fireworks (CST) on August 30 and 31, 2003. And Federal agencies to assess the effects of inside Milwaukee Harbor. The size of again on September 1, 2003 in the event their discretionary regulatory actions. In the zone was determined by using of inclimate weather. particular, the Act addresses actions previous experiences with fireworks This safety zone will not have a that may result in the expenditure by a displays in the Captain of the Port significant economic impact on a State, local, or tribal government, in the Milwaukee zone and local knowledge substantial number of small entities for aggregate, or by the private sector of about wind, waves, and currents in this the following reasons: This rule will be $100,000,000 or more in any one year. particular area. in effect for only one hour on one day Though this rule would not result in This rule is effective from 9:50 p.m. and late in the day when vessel traffic such an expenditure, we do discuss the (CST) on August 30, 2003 until 10:15 is minimal. Vessel traffic may enter or effects of this rule elsewhere in this p.m. (CST) on September 1, 2003. The transit through the safety zone with the preamble. safety zone will encompass all waters permission of the Captain of the Port and adjacent shoreline bounded by the Milwaukee or his designated on scene Taking of Private Property arc of the circle with a 1680-foot radius representative. Before the effective This rule will not effect a taking of with its center in approximate position period, we will issue maritime private property or otherwise have 43° 02.16′ N, 087° 53.18′ W. These advisories widely available to users of taking implications under Executive coordinates are based upon North the Port of Milwaukee. Order 12630, Governmental Actions and American Datum 1983 (NAD 83). Interference with Constitutionally All persons and vessels shall comply Assistance for Small Entities Protected Property Rights. with the instructions of the Captain of Under section 213(a) of the Small Civil Justice Reform the Port Milwaukee or his designated on Business Regulatory Enforcement scene patrol personnel. Entry into, Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards transiting, or anchoring within the we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive safety zone is prohibited unless understanding the rule so that they can Order 12988, Civil Justice Reform, to authorized by the Captain of the Port better evaluate its effects on them and minimize litigation, eliminate Milwaukee or his designated on scene participate in the rulemaking process. If ambiguity, and reduce burden. representative. The Captain of the Port the rule would affect your small Protection of Children Milwaukee may be contacted via VHF business, organization, or governmental We have analyzed this rule under Channel 16. jurisdiction and you have questions Executive Order 13045, Protection of concerning its provisions or options for Discussion of Comments and Changes Children from Environmental Health compliance, please contact Marine Risks and Safety Risks. This rule is not We received no comments for this Safety Office Milwaukee (See an economically significant rule and rule. ADDRESSES). does not concern an environmental risk Regulatory Evaluation Small businesses may send comments to health or risk to safety that may This rule is not a ‘‘significant on the actions of Federal employees disproportionately affect children. regulatory action’’ under section 3(f) of who enforce, or otherwise determine Indian Tribal Governments Executive Order 12866, Regulatory compliance with, Federal regulations to Planning and Review, and does not the Small Business and Agriculture This rule does not have tribal require an assessment of potential costs Regulatory Enforcement Ombudsman implications under Executive Order and benefits under section 6(a)(3) of that and the Regional Small Business 13175, Consultation and Coordination Order. The Office of Management and Regulatory Fairness Boards. The with Indian Tribal Governments, Budget has not reviewed it under that Ombudsman evaluates these actions because it does not have a substantial Order. It is not ‘‘significant’’ under the annually and rates each agency’s direct effect on one or more Indian regulatory policies and procedures of responsiveness to small business. If you tribes, on the relationship between the the Department of Homeland Security. wish to comment on actions by Federal Government and Indian tribes, employees of the Coast Guard, call 1– or on the distribution of power and Small Entities 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Under the Regulatory Flexibility Act Collection of Information Government and Indian tribes. (5 U.S.C. 601–612), we considered Energy Effects whether this rule would have a This rule calls for no new collection significant economic impact on a of information under the Paperwork We have analyzed this rule under substantial number of small entities. Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions The term ‘‘small entities’’ comprises 3520). Concerning Regulations That Significantly Affect Energy Supply, small businesses, not-for-profit Federalism organizations that are independently Distribution, or Use. We have owned and operated and are not A rule has implications for federalism determined that it is not a ‘‘significant dominant in their fields, and under Executive Order 13132, energy action’’ under that Order because governmental jurisdictions with Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ populations of less than 50,000. effect on State or local government and under Executive Order 12866 and is not The Coast Guard certifies under 5 would either preempt State law or likely to have a significant adverse effect U.S.C. 605(b) that this rule will not have impose a substantial direct cost of on the supply, distribution, or use of a significant economic impact on a compliance on them. We have analyzed energy. It has not been designated by the substantial number of small entities. this rule under that Order and have Administrator of the Office of This rule will affect the following determined that it does not have Information and Regulatory Affairs as a entities: the owners or operators of implications for federalism. significant energy action. Therefore, it

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does not require a Statement of Energy permitted by the Captain of the Port or necessary to protect the RED WITCH, Effects under Executive Order 13211. his duly appointed representative. PRIDE of BALTIMORE II, LARINDA, (2) The ‘‘duly appointed TRUE NORTH, NINA, HMS BOUNTY, Environment representative’’ of the Captain of the and FAIR JEANNE from other vessels We have analyzed this rule under Port is any Coast Guard commissioned, that may impede their safe navigation. Commandant Instruction M16475.1D, warrant or petty officer who has been This safety zone is intended to restrict which guides the Coast Guard in designated by the Captain of the Port, vessel traffic within the vicinity of the complying with the National Milwaukee, Wisconsin to act on his sailing vessels RED WITCH, PRIDE of Environmental Policy Act of 1969 behalf. The representative of the Captain BALTIMORE II, LARINDA, TRUE (NEPA)(42 U.S.C. 4321–4370f), and of the Port will be aboard either a Coast NORTH, NINA, HMS BOUNTY, and have concluded that there are no factors Guard or Coast Guard Auxiliary vessel. FAIR JEANNE while they are underway in this case that would limit the use of (3) Vessel operators desiring to enter on Lake Michigan. a categorical exclusion under section or operate within the safety zone shall DATES: This rule is effective from 12:01 2.B.2 of the Instruction. Therefore, this contact the Captain of the Port or his a.m. (CST) on August 6, 2003 until rule is categorically excluded, under representative to obtain permission to 11:59 p.m. (CST) on August 10, 2003. figure 2–1, paragraph (34), of the do so. Vessel operators given permission This rule will be enforced when the Instruction, from further environmental to enter or operate in the safety zone vessels are underway, on Lake documentation. shall comply with all directions given to Michigan, and are within 3 nautical them by the Captain of the Port or his List of Subjects in 33 CFR Part 165 miles of shore. representative. ADDRESSES: Comments on this rule may Harbors, Marine safety, Navigation (4) The Captain of the Port may be be addressed to Commanding Officer, (water), Reporting and recordkeeping contacted by telephone via the U.S. Coast Guard Marine Safety Office requirements, Security measures, and Command Duty Officer at (414) 747– Milwaukee, 2420 South Lincoln Waterways. 7155 during working hours. Vessels Memorial Drive, Milwaukee, WI 53207 assisting in the enforcement of the ■ For the reasons discussed in the between 7 a.m. (CST) and 3:30 p.m. safety zone may be contacted on VHF– preamble, the Coast Guard amends 33 (CST), Monday through Friday, except FM channels 16 or 21A. Vessel CFR part 165 as follows: Federal holidays. operators may determine the restrictions FOR FURTHER INFORMATION CONTACT: in effect for the safety zone by coming PART 165—REGULATED NAVIGATION Marine Science Technician Michael alongside a vessel patrolling the AREAS AND LIMITED ACCESS AREAS Schmidtke, Marine Safety Office perimeter of the safety zone. Milwaukee, (414) 747–7155. ■ 1. The authority citation for part 165 (5) Coast Guard Group Milwaukee continues to read as follows: will issue a Marine Safety Information SUPPLEMENTARY INFORMATION: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Broadcast Notice to Mariners to notify Regulatory Information Chapter 701; 50 U.S.C. 191, 195; 33 CFR the maritime community of the safety zone and restriction imposed. We did not publish a notice of 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. proposed rulemaking (NPRM) for this 107–295, 116 Stat. 2064; Department of Dated: July 30, 2003. Homeland Security Delegation No. 0170.1. regulation. Under 5 U.S.C. 553(b)(B) and H.M. Hamilton, (d)(3), the Coast Guard finds that good ■ 2. A new temporary § 165.T09–224 is Commander, U.S. Coast Guard, Captain of cause exists for not publishing an NPRM added to read as follows: the Port, Milwaukee, Milwaukee, Wisconsin. and for making the rule effective less [FR Doc. 03–20195 Filed 8–7–03; 8:45 am] than 30 days after publication. The § 165.T09–224 Safety Zone; Harley BILLING CODE 4910–15–P permit application was not received in Davidson Motor Company 100th Anniversary Fireworks, Milwaukee, time to publish an NPRM followed by Wisconsin. a final rule before the effective date. DEPARTMENT OF HOMELAND Delaying this rule would be contrary to (a) Location. The following area is a SECURITY the public interest of ensuring the safety safety zone: All waters and adjacent of spectators and vessels during this shoreline bounded by the arc of a circle Coast Guard event and immediate action is necessary with a 1680-foot radius with its center ° ′ to prevent possible loss of life or in approximate position 43 02.16 N, 33 CFR Part 165 property. The Coast Guard has not 087°53.18′ W, located in Milwaukee [CGD09–03–246] received any complaints or negative Harbor. These coordinates are based comments previously with regard to this RIN 1625–AA97 upon North American Datum 1983. event. (b) Enforcement periods. This rule is effective from 9:50 p.m. (CST) on Safety Zone; Sailing Vessels Red Background and Purpose Witch, Pride of Baltimore II, Larinda, August 30, 2003 until 10:15 p.m. (CST) This Safety Zone is established to True North, Nina, HMS Bounty, Fair on September 1, 2003. This section will safeguard the vessel and the public. The Jeanne—Kenosha, WI be enforced from 9:50 (CST) until 10:15 size of the zone was determined by the (CST) on August 30; again on August 31; AGENCY: Coast Guard, DHS. necessities of safe navigation in the and, in the event of inclement weather, ACTION: Temporary final rule. Captain of the Port (COTP) zone and during these same times on September local knowledge about wind, waves, and 1, 2003. SUMMARY: The Coast Guard is currents in this particular area. (c) Regulations. In accordance with establishing a temporary moving safety The safety zone is effective from 12:01 the general regulations in § 165.23 of zone of 100 yards around the sailing a.m. (CST) on August 6, 2003 until this part, entry into this zone is subject vessels RED WITCH, PRIDE of 11:59 p.m. (CST) on August 10, 2003. to the following requirements: BALTIMORE II, LARINDA, TRUE This rule will be enforced when the (1) This safety zone is closed to all NORTH, NINA, HMS BOUNTY, and RED WITCH, PRIDE of BALTIMORE II, marine traffic, except as may be FAIR JEANNE. This safety zone is LARINDA, TRUE NORTH, NINA, HMS

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BOUNTY, and FAIR JEANNE are The term ‘‘small entities’’ comprises wish to comment on actions by underway, on Lake Michigan in the small businesses, not-for-profit employees of the Coast Guard, call 1– COTP Milwaukee zone, and are within organizations that are independently 888–REG–FAIR (1–888–734–3247). 3 nautical miles of shore. This zone will owned and operated and are not Collection of Information be a moving safety zone. dominant in their fields, and governmental jurisdictions with This rule calls for no new collection Discussion of Rule populations of less than 50,000. of information under the Paperwork The Coast Guard will implement a The Coast Guard certifies under 5 Reduction Act of 1995 (44 U.S.C. 3501– safety zone around the sailing vessels U.S.C. 605(b) that this rule will not have 3520). RED WITCH, PRIDE of BALTIMORE II, a significant economic impact on a LARINDA, TRUE NORTH, NINA, HMS substantial number of small entities. Federalism BOUNTY, and FAIR JEANNE in vicinity This rule will affect the following A rule has implications for federalism of Kenosha, WI. Vessels are not to come entities: The owners or operators of under Executive Order 13132, within 100 yards of the sailing vessels vessels intending to transit or anchor in Federalism, if it has a substantial direct RED WITCH, PRIDE of BALTIMORE II, the vicinity of the sailing vessels RED effect on State or local governments and LARINDA, TRUE NORTH, NINA, HMS WITCH, PRIDE of BALTIMORE II, would either preempt State law or BOUNTY, and FAIR JEANNE while they LARINDA, TRUE NORTH, NINA, HMS impose a substantial direct cost of are underway for the purposes of safe BOUNTY, and FAIR JEANNE, while compliance on them. We have analyzed navigation for the sailing vessels as well underway on Lake Michigan, from 12:01 this rule under that Order and have as other vessels. The Coast Guard will a.m. (CST) on August 6, 2003 until determined that it does not have notify the public, in advance, by way of 11:59 p.m. (CST) on August 10, 2003. implications for federalism. Ninth Coast Guard District Local Notice This safety zone will not have a Unfunded Mandates Reform Act to Mariners, marine information significant economic impact on a broadcasts, and for those who request it substantial number of small entities for The Unfunded Mandates Reform Act from Marine Safety Office Milwaukee, the following reasons: This rule will be of 1995 (2 U.S.C. 1531–1538) requires by facsimile (fax). enforced for only a few hours to Federal agencies to assess the effects of All persons and vessels shall comply safeguard the navigation of the boating their discretionary regulatory actions. In with the instructions of the Captain of public and the navigation of the RED particular, the Act addresses actions the Port Milwaukee or his designated WITCH, PRIDE of BALTIMORE II, that may result in the expenditure by a on-scene representative. Entry into, LARINDA, TRUE NORTH, NINA, HMS State, local, or tribal government, in the transiting through, or anchoring within BOUNTY, and FAIR JEANNE, while the aggregate, or by the private sector of the safety zone is prohibited unless vessels are underway on Lake Michigan. $100,000,000 or more in any one year. authorized by the Captain of the Port In addition, commercial vessels Though this proposed rule would not Milwaukee or his designated on scene transiting the area can transit around the result in such an expenditure, we do representative. The Captain of the Port safety zone. The Coast Guard will give discuss the effects of this rule elsewhere Milwaukee may be contacted via VHF notice to the public via a Broadcast to in this preamble. Channel 16. Mariners that the regulation is in effect. Vessel traffic may enter or transit Taking of Private Property Regulatory Evaluation through the safety zone with the This rule will not effect a taking of This rule is not a ‘‘significant permission of the Captain of the Port private property or otherwise have regulatory action’’ under section 3(f) of Milwaukee or his designated on scene taking implications under Executive Executive Order 12866, Regulatory representative. Order 12630, Governmental Actions and Planning and Review, and does not Assistance for Small Entities Interference with Constitutionally require an assessment of potential costs Protected Property Rights. and benefits under section 6(a)(3) of that Under section 213(a) of the Small Civil Justice Reform Order. The Office of Management and Business Regulatory Enforcement Budget has not reviewed it under that Fairness Act of 1996 (Public Law 104– This rule meets applicable standards Order. It is not ‘‘significant’’ under the 121), we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive regulatory policies and procedures of understanding the rule so that they can Order 12988, Civil Justice Reform, to the Department of Homeland Security better evaluate its effects on them and minimize litigation, eliminate (DHS). participate in the rulemaking process. If ambiguity, and reduce burden. We expect the economic impact of the rule would affect your small Protection of Children this proposed rule to be so minimal that business, organization, or governmental a full Regulatory Evaluation under the jurisdiction and you have questions We have analyzed this rule under regulatory policies and procedures of concerning its provisions or options for Executive Order 13045, Protection of DHS is unnecessary. This determination compliance, please contact Marine Children from Environmental Health is based on the minimal time that Safety Office Milwaukee (See Risks and Safety Risks. This rule is not vessels will be restricted from the zone ADDRESSES.) an economically significant rule and and that the zone is an area where the Small businesses may send comments does not concern an environmental risk Coast Guard expects insignificant on the actions of Federal employees to health or risk to safety that may adverse impact to mariners from the who enforce, or otherwise determine disproportionately affect children. zone’s activation. compliance with, Federal regulations to the Small Business and Agriculture Indian Tribal Governments Small Entities Regulatory Enforcement Ombudsman This rule does not have tribal Under the Regulatory Flexibility Act and the Regional Small Business implications under Executive Order (5 U.S.C. 601–612), we considered Regulatory Fairness Boards. The 13175, Consultation and Coordination whether this rule would have a Ombudsman evaluates these actions with Indian Tribal Governments, significant economic impact on a annually and rates each agency’s because it does not have a substantial substantial number of small entities. responsiveness to small business. If you direct effect on one or more Indian

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tribes, on the relationship between the Lake Michigan in the Captain of the Port fireworks displays in the Captain of the Federal Government and Indian tribes, Milwaukee Zone, within a 100 yard Port Milwaukee Zone during August or on the distribution of power and radius of the sailing vessels RED 2003. This action is necessary to responsibilities between the Federal WITCH, PRIDE of BALTIMORE II, provide for the safety of life and Government and Indian tribes. LARINDA, TRUE NORTH, NINA, HMS property on navigable waters during BOUNTY, and FAIR JEANNE, while the Energy Effects these events. These zones will restrict vessels are underway and within 3 vessel traffic from a portion of the We have analyzed this proposed rule nautical miles of shore. Captain of the Port Milwaukee Zone. under Executive Order 13211, Actions (b) Effective period. This section is Concerning Regulations That effective from 12:01 a.m. (CST) on DATES: Effective from 12:01 a.m. (CST) Significantly Affect Energy Supply, August 6, 2003 until 11:59 p.m. (CST) on August 1, 2003 to 11:59 p.m. (CST) Distribution, or Use. We have on August 10, 2003. This section will be on August 31, 2003. determined that it is not a ‘‘significant enforced when the RED WITCH, PRIDE FOR FURTHER INFORMATION CONTACT: energy action’’ under that order because of BALTIMORE II, LARINDA, TRUE it is not a ‘‘significant regulatory action’’ NORTH, NINA, HMS BOUNTY, and Marine Science Technician Michael under Executive Order 12866 and is not FAIR JEANNE are underway, on Lake Schmiktke, U.S. Coast Guard Marine likely to have a significant adverse effect Michigan, and are within 3 nautical Safety Office Milwaukee, (414) 747– on the supply, distribution, or use of miles of shore. 7155. energy. It has not been designated by the (c) Regulations. (1) The general SUPPLEMENTARY INFORMATION: The Coast Administrator of the Office of regulations contained in 33 CFR 165.23 Guard is implementing the permanent Information and Regulatory Affairs as a apply. significant energy action. Therefore, it (2) All persons and vessels shall safety zones in 33 CFR 165.909 (24) and does not require a Statement of Energy comply with the instructions of the (25) (67 FR 44560, July 3, 2002), for Effects under Executive Order 13211. Coast Guard Captain of the Port fireworks displays in the Captain of the Port Milwaukee Zone during August Environment Milwaukee or the designated on scene representative. Coast Guard patrol 2003. The following safety zones are in We have analyzed this rule under personnel include commissioned, effect for fireworks displays occurring in Commandant Instruction M16475.1D, warrant or petty officers of the U.S. the month of August 2003: which guides the Coast Guard in Coast Guard. Upon being hailed by a (1) Sturgeon Bay Venetian Night complying with the National U.S. Coast Guard vessel via siren, radio, Fireworks. Environmental Policy Act of 1969 flashing light, or other means, the (NEPA) (42 U.S.C. 4321–4370f), and operator shall proceed as directed. have concluded that there are no factors Location: All waters and adjacent (3) This safety zone should not shoreline off the Sturgeon Bay Yacht in this case that would limit the use of adversely affect shipping. However, a categorical exclusion under section Club, Sturgeon Bay Canal encompassed commercial vessels may request by the arc of a circle with a 350-foot 2.B.2. of the Instruction. Therefore, this permission from the Captain of the Port radius of the fireworks launch platform rule is categorically excluded, under Milwaukee to enter or transit the safety figure 2–1, paragraph (34)(g) of the with its center in approximate position zone. Approval will be made on a case- ° ′ ° ′ Commandant Instruction M16475.1D, by-case basis. Requests must be in 44 49.33 N, 087 23.27 W (NAD 1983), from further environmental advance and approved by the Captain of on August 2, 2003, from 8:45 p.m. until documentation. the Port Milwaukee before transits will 9:30 p.m. This safety zone will List of Subjects in 33 CFR Part 165 be authorized. The Captain of the Port temporarily close down the Sturgeon Bay Canal. Harbors, Marine safety, Navigation Milwaukee may be contacted via U.S. (water), Reporting and recordkeeping Coast Guard Group Milwaukee on (2) Menominee Waterfront Festival requirements, Security measures, and Channel 16, VHF–FM. Fireworks. Waterways. Dated: July 29, 2003. Location: All waters and adjacent ■ For the reasons discussed in the H.M. Hamilton, shoreline off the southeast side of the preamble, the Coast Guard amends 33 Commander, U.S. Coast Guard, Captain of CFR Part 165 as follows: the Port Milwaukee. Menominee Municipal Marina, Lake [FR Doc. 03–20330 Filed 8–5–03; 4:07 pm] Michigan, encompassed by the arc of a PART 165—REGULATED NAVIGATION BILLING CODE 4910–15–P circle with an 840-foot radius of the AREAS AND LIMITED ACCESS AREAS fireworks barge with its center in approximate position 45°20.05′ N, ■ 1. The authority citation for part 165 DEPARTMENT OF HOMELAND 087°36.49′ W (NAD 1983), on August 9, continues to read as follows: SECURITY 2003, from 9:30 p.m. until 10 p.m. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR Coast Guard Dated: July 29, 2003. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. H.M. Hamilton, 107–295, 116 Stat. 2064; Department of 33 CFR Part 165 Commander, Coast Guard, Captain of the Port Homeland Security Delegation No. 0170.1. Milwaukee. [CGD09–03–501] ■ 2. A new temporary § 165.T09–246 is [FR Doc. 03–20197 Filed 8–7–03; 8:45 am] added to read as follows: Safety Zone; Captain of the Port BILLING CODE 4910–15–U Milwaukee Zone § 165.T09–246 Safety Zone; Sailing Vessels RED WITCH, PRIDE of BALTIMORE AGENCY: Coast Guard, DHS. II, LARINDA, TRUE NORTH, NINA, HMS ACTION: Notice of implementation. BOUNTY, and FAIR JEANNE, Kenosha, WI. (a) Location. (a) The following area is SUMMARY: The Coast Guard is designated a safety zone: the waters of implementing safety zones for annual

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ENVIRONMENTAL PROTECTION (NAICS) codes have been provided to II. Background and Statutory Findings AGENCY assist you and others in determining Section 408(b)(2)(A)(i) of the FFDCA whether this action might apply to allows EPA to establish a tolerance (the 40 CFR Part 180 certain entities. If you have any legal limit for a pesticide chemical [OPP–2003–0127; FRL–7321–6] questions regarding the applicability of residue in or on a food) only if EPA this action to a particular entity, consult determines that the tolerance is ‘‘safe.’’ 2,6-Diisopropylnaphthalene; the person listed under FOR FURTHER Section 408(b)(2)(A)(ii) of the FFDCA Temporary Tolerances INFORMATION CONTACT. defines ‘‘safe’’ to mean that ‘‘there is a reasonable certainty that no harm will AGENCY: Environmental Protection B. How Can I Get Copies of this result from aggregate exposure to the Agency (EPA). Document and Other Related Information? pesticide chemical residue, including ACTION: Final rule. all anticipated dietary exposures and all 1. Docket. EPA has established an other exposures for which there is SUMMARY: This regulation establishes a temporary tolerance of 0.5 parts per official public docket for this action reliable information.’’ This includes million (ppm) for 2,6- under docket identification (ID) number exposure through drinking water and in Diisopropylnaphthalene (2,6-DIPN) in OPP–2003–0127. The official public residential settings, but does not include or on potatoes, and 3 ppm in or on docket consists of the documents occupational exposure. Section potato peels. Platte Chemical Company specifically referenced in this action, 408(b)(2)(C) of the FFDCA requires EPA requested this tolerance under the any public comments received, and to give special consideration to Federal Food, Drug, and Cosmetic Act other information related to this action. exposure of infants and children to the (FFDCA), as amended by the Food Although a part of the official docket, pesticide chemical residue in Quality Protection Act of 1996 (FQPA). the public docket does not include establishing a tolerance and to ‘‘ensure The temporary tolerance will expire on Confidential Business Information (CBI) that there is a reasonable certainty that May 31, 2006. or other information whose disclosure is no harm will result to infants and restricted by statute. The official public children from aggregate exposure to the DATES: This regulation is effective docket is the collection of materials that pesticide chemical residue. . . .’’ August 8, 2003. Objections and requests is available for public viewing at the In the Federal Register of September for hearings, identified by docket ID Public Information and Records 21, 2001 (66 FR 48677) (FRL–6798–3), number OPP–2003–0127, must be Integrity Branch (PIRIB), Rm. 119, EPA issued a notice pursuant to section received on or before October 7, 2003. Crystal Mall #2, 1921 Jefferson Davis 408 of the FFDCA, 21 U.S.C. 346a, as ADDRESSES: Written objections and Hwy., Arlington, VA. This docket amended by FQPA (Public Law 104– hearing requests may be submitted facility is open from 8:30 a.m. to 4 p.m., 170), announcing the filing of a electronically, by mail, or through hand Monday through Friday, excluding legal pesticide petition (PF–1043) by Platte delivery/courier. Follow the detailed holidays. The docket telephone number Chemical Company, 7251 4th Street, instructions as provided in Unit VII. of is (703) 305–5805. Greely, CO 80632. This notice included the SUPPLEMENTARY INFORMATION. a summary of the petition prepared by 2. Electronic access. You may access FOR FURTHER INFORMATION CONTACT: the petitioner Platte Chemical Company. this Federal Register document Driss Benmhend, Biopesticides and The petition requested that 40 CFR electronically through the EPA Internet Pollution Prevention Division (7511C), 180.1208 be amended by establishing a under the ‘‘Federal Register’’ listings at Office of Pesticide Programs, temporary tolerance for residues of the http://www.epa.gov/fedrgstr/. A Environmental Protection Agency, 1200 plant growth regulator 2,6-DIPN, in or frequently updated electronic version of Pennsylvania Ave., NW., Washington, on potatoes at 3 parts per million (ppm) 40 CFR part 180 is available at http:// DC 20460–0001; telephone number: for the peels, 0.5 ppm for potato www.access.gpo.gov/nara/cfr/ (703) 308–9525; e-mail address: (whole). The tolerance will expire on cfrhtml__00/ Title__40/ [email protected]. _ May 31, 2006. EPA received comments 40cfr180 00.html, a beta site currently on this petition submitted by John SUPPLEMENTARY INFORMATION: under development. To access the Forsythe, General Manager, on behalf of I. General Information OPPTS Harmonized Guidelines D-I-1-4, Inc. (Meridian, ID). The issues referenced in this document, go directly raised by Mr. Forsythe related to the A. Does this Action Apply to Me? to the guidelines at http://www.epa.gov/ following: (1) The classification of 2,6- You may be potentially affected by opptsfrs/home/guidelin.htm. DIPN as a biochemical pesticide; (2) the this action if you are an agricultural An electronic version of the public lack of chronic toxicity data; and (3) the producer, food manufacturer, or docket is available through EPA’s public’s exposure to this chemical pesticide manufacturer. Potentially electronic public docket and comment through its use as an industrial affected categories and entities may system, EPA Dockets. You may use EPA chemical. Mr. Forsythe’s comments are include, but are not limited to: Dockets at http://www.epa.gov/edocket/ discussed individually below, along • Crop production (NAICS 111) to submit or view public comments, with EPA’s response. • Animal production (NAICS 112) access the index listing of the contents Comment 1. Mr. Forsythe requested • Food manufacturing (NAICS 311) of the official public docket, and to that the Agency re-evaluate the • Pesticide manufacturing (NAICS access those documents in the public biochemical classification 32532) docket that are available electronically. determination for 2,6-DIPN and provide This listing is not intended to be Although not all docket materials may any publicly available information exhaustive, but rather provides a guide be available electronically, you may still regarding the natural occurrence of 2,6- for readers regarding entities likely to be access any of the publicly available DIPN in any food source. affected by this action. Other types of docket materials through the docket EPA Response. A biochemical entities not listed in this unit could also facility identified in Unit I.B.1. Once in pesticide, by definition, is a naturally be affected. The North American the system, select ‘‘search,’’ then key in occurring substance which controls Industrial Classification System the appropriate docket ID number. target pests by a non-toxic mode of

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action. However, there are products that classification of 2,6-DIPN as a the test results are considered as being are not naturally occurring, yet they are biochemical, based on its structural equivocal, or falsely positive. As a registered by the Agency as similarity to naturally occuring PGRs. In group, these four studies demonstrated ‘‘biochemical-like,’’ insofar as data addition, the registrant has conducted a that 2,6-DIPN is not a mutagen. requirements are concerned. Thus, series of toxicity tests according to the Information supplied by the while 2, 6-DIPN, is synthetic and does requirements listed in 40 CFR 158.690, commenter (Ref. 5) noted that ‘‘Di- not occur naturally in any food or non- in support of experimental use permits Isopropylnaphthalene(s) contained no food plants, it is structurally similar to (EUPs) and for product registration. chemical groups that would be three compounds (1-isopropyl- 4,6- Dietary exposure estimates were based structurally alerting for potential dimethylnaphthalene, 1-methyl-7- on the assumption that 100% of the mutagenicity.’’ Additionally, in spite of isopropylnaphthalene, and 4-isopropyl- crop will be treated, and other worst- the equivocal study (MRID 454388–01), 1,6-dimethylnaphthalene) that occur case assumptions were applied to ‘‘there was no evidence for a mutagenic naturally in potatoes, and 2,6-DIPN is overestimate the typical dietary effect in other in-vitro mutagenicity tests functionally identical to the naturally exposure likely under normal or in an adequately performed in vivo occurring plant growth regulator in conditions of use. micronucleus assay in mice. The potatoes. A 90–day oral toxicity study (MRID Committee agreed that no further Comment 2. Mr. Forsythe expressed 450493-01) demonstrated that rats did mutagenicity testing was required.’’ concern that the Agency had not not exhibit immune system effects, Based on the absence of effects on the presented any public documentation demonstrated by no changes in spleen immune system in the 90–day demonstrating that the mode of action of or thymus weights and absence of subchronic study, no effects on 2,6-DIPN is non-toxic. lesions in spleen, thymus, and lymph developing rats at doses below those EPA Response. The new active nodes. The 90–day oral no observable causing maternal effects, and no genetic ingredient, 2,6-DIPN, is a plant growth adverse effects level (NOAEL) was 100 toxicity, Tier II and Tier III toxicity data regulator (PGR) intended to inhibit milligrams/kilogram/day (mg/kg/day), requirements were not triggered. The sprouting in stored potatoes. PGRs may and the lowest observable adverse Agency does not require any additional stimulate or retard ripening, maturity of effects level (LOAEL) was 200 mg/kg/ toxicity studies at this time although a whole plants and/or fruits, enhance day, based on decreased body weight livestock feeding study must be growth, yield, enhance or counteract the gain and food consumption. In a conducted as a condition of registration activities of other PGRs, and/or change developmental toxicity study (MRID (see EPA Response to Comment 4). plant architecture (amongst other 4500010–01) in rats, the test animals did Comment 4. Mr. Forsythe stated that, processes). PGRs are not toxic to the not exhibit increased fetal susceptibility in the absence of any chronic toxicity target plant, especially at the to 2,6-DIPN when compared to data, ‘‘it would be inappropriate to application rate. Tests conducted during untreated animals. The prenatal disregard the safety factor’’ (referring to the experimental use permit showed no developmental toxicity NOAEL was 150 the FQPA 10-fold margin of safety to toxicity to potatoes. None of these mg/kg/day and the LOAEL was 500 mg/ account for effects on sensitive actions are directly lethal to the plants kg/day, based on decreased fetal body populations, such as infants and upon which they are applied, which weight and a possible treatment-related children), and that ‘‘threshold effects supports a determination that 2, 6-DIPN cartilage anomaly. cannot be fully determined, and a safety operates through a non-toxic mode of The toxicity data on 2,6-DIPN does factor would seem appropriate to action. Diisopropylnapthalene is similar not indicate extra sensitivity of offspring address this lack of a complete data set in molecular structure, and functions as when compared with that of adult regarding dietary exposure and chronic three sprout inhibiting compounds animals, but the data base does not toxicity.’’ naturally occurring in potatoes (1- represent a complete assessment of EPA Response. As stated above, the isopropyl-4,6-dimethylnaphthalene, 1- potential age-related sensitivity or acute Agency has retained the FQPA safety methyl-7-isopropylnaphthalene, and 4- effects other than lethality. The absence factor in its assessment of the dietary isopropyl-1,6-dimethylnaphthalene). of a developmental toxicity study in a exposure to 2,6-DIPN. The three compounds found in potatoes second species, a multigeneration Comment 5: Mr. Forsythe stated that and 2,6 DIPN are all isopropyl reproduction toxicity study, or a range the Agency should consider non-dietary napthalene, a sprout inhibitor in a of doses adequate to induce a full range and non-occupational sources of human manner comparable to natural PGRs of toxic responses, especially potential exposure to 2,6-DIPN. The commenter found in potato plants (as described acute effects in any of the available submitted an EPA document (Ref. 5), in above). In addition, acute toxicity studies, required that the FQPA 10-fold which 2,6-DIPN is described as an studies conducted on animals indicated safety factor be retained in defining ‘‘emerging pollutant’’ in Lake Michigan. Toxicity Category IV for all routes of EPA’s level of concern. The document also states that exposure and chronic studies were not Studies submitted to test the potential polychlorinated biphenyl (PCB) triggered following the data genotoxicity or mutagenicity of 2,6- substitute compounds (which include requirements for biochemical pesticides DIPN included a reverse mutation 2,6-DIPN), are ‘‘detected in effluent, as given in 40 CFR 158.690(c). EPA (Ames) assay (MRID 446141–11), an sediment, and fish in the basin; therefore has concluded that its mode of unscheduled DNA synthesis assay in rat bioaccumulative and toxic.’’ action can be classified as ‘‘non-toxic.’’ primary hepatocytes (MRID 446141–10), Additionally, the commenter Comment 3. Mr. Forsythe expressed and a mouse micronucleus assay (MRID provided information that European concerns regarding dietary intake of 2,6- 446141–12); all of these were negative. governments have expressed concerns DIPN, due to: (1) The synthetic nature A mouse lymphoma assay (MRID regarding public exposure to DIPNs via of the compound; and (2) the lack of 454388–01) was positive at higher the paper industry. In studies conducted toxicity information to support an concentrations for mutagenicity, but by the United Kingdom Joint Food assessment of dietary exposure to 2,6- since 2,6-DIPN was cytotoxic (killed the Safety and Standards Group (JFSSG), it DIPN. test cells) at the those concentrations was determined that DIPNs could be EPA Response. As discussed in the where the positive results occurred present in recycled food packaging and previous response, the data support the (with and without metabolic activation), in packaged food (Ref. 5). DIPNs were

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detected in 30 of 34 samples of retail found nor what concentrations were A. Toxicological Profile packaging at up to 44 mg/kg, and in 6 measured in each, and the study lacked EPA has evaluated the available of 10 food samples at 0.04–0.89 mg/kg. environmental fate and transport data toxicity data and considered its validity, EPA Response. Section for DIPNs. Based on the statements in completeness, and reliability as well as 408(b)(2)(A)(ii) explicitly requires the the LaMP study, EPA concluded that the relationship of the results of the Agency to find that ‘‘there is a although DIPNs have been detected in a studies to human risk. EPA has also reasonable certainty that no harm will few environmental matrices, it has not considered available information result from aggregate exposures, been associated with any adverse effects concerning the variability of the including all anticipated dietary to human health or the environment. sensitivities of major identifiable exposures and all other exposures for subgroups of consumers, including which there is reliable information.’’ EPA also reviewed the JFSSG Food infants and children. (emphasis added). As discussed below, Surveillance Information Sheet, No. The classification of 2,6-DIPN as a EPA has considered all available 169, January 1999. The conclusion biopesticide was based on its structural information on non-dietary and non- reached by the JFSSG was that although and functional similarity to 1-isopropyl- occupational exposures in establishing varying amounts of DIPNs can be 4,6-dimethylnaphthalene, 1-methyl-7- this temporary tolerance. carried through the papermaking EPA reviewed the LaMP study (Ref. process to the finished product, there isopropylnaphthalene, and 4-isopropyl- 5), and found that these ‘‘emerging was no correlation between DIPN levels 1,6-dimethylnaphthalene which are pollutants’’ were only included in a list in food and that found in the food naturally occurring plant growth of chemical stressors in the lake ‘‘as a packaging materials. regulators found in plant tissues. In addition, 2,6-DIPN is a sprout inhibitor, precautionary measure, either because Data was reviewed that demonstrated of their widespread use in the basin, the with a non-toxic mode of action. that 2,6-DIPN does not pose any Therefore, the toxicity data reviewed fact that these chemicals are beginning significant bioaccumulation risk. A to show up in monitoring data, or both.’’ include acute oral, dermal and summary of metabolism studies/data in inhalation toxicity studies, eye and skin The list of emerging pollutants listed support of a temporary tolerance includes: Mineral and silicone oils, di(2- irritation studies, a dermal sensitization exemption on stored potatoes (PP ethylhexyl)phathalate (DEHP), study, subchronic feeding and 8G05008; Ref. 3; MRIDs 451632–01 and isopropylbiphenyls, diphenylmethanes, developmental toxicity studies and 451632–02) was submitted by the butylbiphenyls, genetic toxicity studies. dichlorobenzyldichlorotoluene, registrant, Platte Chemical Co., that 2,6-DIPN is classified in Toxicity phenylxylyl ethane, and demonstrated orally administered Category IV for mammalian acute oral > diisopropylnaphthalene. The article DIPNs were rapidly metabolized and toxicity (lethal dose (LD)50 5,000 mg/ does list PCB substitute compounds as excreted by experimental animals, and kg; OPPTS Harmonized Guideline being ‘‘detected in effluent, sediment, exhibited little potential for 870.1100; 152–10; MRID 446141–04), > and fish in the basin; bioaccumulative bioaccumulation (Ref. 5). Additionally, acute dermal toxicity (LD50 5,000 mg/ and toxic’’ (Ref. 5). According to the experimental animals exposed to DIPNs kg; OPPTS Harmonized Guideline Michigan LaMP (Ref. 5), ‘‘Following the via inhalation did not exhibit any 870.1200; 152-11; MRID 446141–05), 1979 restrictions on PCB use, [these] clinical signs of toxicity or mortality and acute inhalation toxicity (lethal > compounds began being used in (Ref. 5). Necropsies were negative in concentration (LC)50 2.60 mg/L; OPPTS dielectric fluids, hydraulic system experimental animals dosed with DIPNs Harmonized Guideline 870.1300; 152– lubricants, and in solvents and carriers in all of the aforementioned studies. 12; MRID 446141–06), eye irritation in the carbonless paper industry. Little (OPPTS Harmonized Guideline III. Aggregate Risk Assessment and was known about the potential impact 870.2400; 152–13; MRID 446141–07) Determination of Safety of these (PCB) substitutes on the basin; and dermal irritant (OPPTS Harmonized therefore (they) were designated an EPA performs a number of analyses to Guideline 870.2500; 152–14; MRID emerging pollutant needing further determine the risks from aggregate 446141–08). The active ingredient was evaluation.’’ With the exception of exposure to pesticide residues. For not allergenic on skin (not a dermal DHEP, the Michigan LaMP goes on to further discussion of the regulatory sensitizer; OPPTS Harmonized state that ‘‘other PCB substitutes (such requirements of section 408 of the Guideline 870.2600; 152–15; MRID as DIPN) have not been extensively FFDCA and a complete description of 446141–09). The subchronic toxicity study in rats studied; therefore, information on the risk assessment process, see the final (OPPTS Harmonized Guideline releases to the environment are rule on Bifenthrin Pesticide Tolerances 870.3100; 152-20; MRID 450493–01) limited.’’ The article further states that (62 FR 62961, November 26, 1997; FRL– suggests a no observed effect level information regarding the actual loading 5754–7). of PCB substitutes into Lake Michigan (NOEL) of 104 mg/kg/day (104 or 121 and their impact on the lake ecosystem Consistent with section 408(b)(2)(D) mg/kg/day for males and females, were unknown (Ref. 5). of the FFDCA, EPA has reviewed the respectively). The lowest observed An environmental sampling study available scientific data and other adverse effect level (LOAEL) is 208 mg/ (Ref. 5), indicated that DIPNs and three relevant information in support of this kg/day (208 and 245 mg/kg/day for other PCB substitutes were identified in action. EPA has sufficient data to assess males and females, respectively), based effluent from: A de-inking/recycling the hazards of and to make a on minimal decreases in body weight paper plant and a wastewater treatment determination on aggregate exposure, gains, food consumption, adrenal effects facility that received waste water from consistent with section 408(b)(2) of the (including increased absolute and a carbonless paper manufacturing plant; FFDCA, for a tolerance for residues of relative organ weights and adrenal fish collected near discharge points; and 2,6-DIPN on potatoes at 3 ppm for the cortical hypertrophy) and kidney sediments, all of these samples were peels and 0.5 ppm for potato (whole) toxicity (evidence of tubular nephrosis collected from the Fox River in ppm. EPA’s assessment of exposures in male rats). Wisconsin. However, it is unknown and risks associated with establishing In the rat developmental toxicity whether all four PCB substitutes were the tolerance follows. study (OPPTS Harmonized Guideline

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870.3700; 152–23; MRID 450001–01), LOAEL (500 mg/kg/day) in the C. Exposure Assessment the maternal toxicity LOAEL is 150 mg/ developmental toxicity study, which 1. Dietary exposure from food and kg/day based on reduced body weight were minimal. feed uses. There is a potential for A reference dose (RfD) of 1 mg/kg/day gains and food consumption. The dietary exposure to 2,6-DIPN, which can is established by dividing the 104 mg/ maternal toxicity NOAEL is 50 mg/kg/ occur following its application to stored kg/day NOEL by a 100-fold uncertainty day. The developmental toxicity LOAEL potatoes. According to the label, the factor (10X for interspecies is 500 mg/kg/day based on reduced fetal plant growth regulator is to be applied extrapolation and 10X for intraspecies body weights and a slightly increased at a rate of 16.6 ppm (weight/weight), variability). Available developmental incidence of a skeletal alteration (fusion and as many as three applications can of cartilaginous bands in the cervical toxicity data on 2,6-DIPN does not be used in a storage period with a centra). The developmental toxicity indicate extra sensitivity of offspring minimum interval between application NOAEL is 150 mg/kg/day. when compared with that of adult A mouse lymphoma gene mutation animals, but a developmental toxicity and use of the treated potatoes of 30 assay (OPPTS Harmonized Guideline study in a second species and a days. Residue profile. The submitted 870.5300; 152–17; MRID 454388–01) multigeneration reproduction toxicity showed that 2,6-DIPN might be study are needed to fully determine age- residue chemistry data for the use of mutagenic without metabolic activation related differences in response. In 2,6-DIPN on potatoes is limited, and at doses between 10–30 µg/mL. With addition, residues have been detected in important factors in this assessment metabolic activation, the results were treated potatoes under laboratory and depend on default assumptions or equivocal at doses between 25–90 µg/ field conditions. Therefore, the default hypothetical calculations having a low mL. Cytotoxicity was observed in tests safety factor of 10X is retained, and level of confidence. using the aforementioned doses, with acute and chronic population adjusted For purposes of this rule, the and without metabolic activation. No doses (aPAD and cPAD) for dietary risk regulated residue is considered to be genotoxicity was observed in other characterizations are established by 2,6-DIPN, and a potential for some acceptable studies including a reverse dividing the RfD by 10X (accounting for accumulation of 2,6-DIPN residues in mutation (Ames) assay (OPPTS age-related sensitivity for the body and subcutaneous fat was 870.5100; 152–17; MRID 446141–11), in subpopulations of infants and children). observed. These results and the possible vivo/in vitro unscheduled DNA Therefore, the aPAD and cPAD are 0.1 use of peels with residues from treated synthesis (UDS) assays in rat primary mg/kg/day. potatoes as livestock feed (processed hepatocytes (OPPTS 870.5550; 152–17; 3. Chronic toxicity. An extra 10-fold potato wastes are used for this purpose) MRID 446141–10), and a mouse uncertainty factor for the absence of suggest that residues of 2,6-DIPN may micronucleus assay (OPPTS 870.5395; chronic toxicity data were not applied occur in meat and milk; however, this 152–17; MRID 446141–12). The to determine a RfD because 2,6-DIPN has not been evaluated in a livestock collective data from the four-study has been classified as a biochemical metabolism study. mutagenicity battery demonstrates that pesticide having a non-toxic mode of Limited field and laboratory residue 2,6-DIPN is not likely to be mutagenic. action with biological activity more data suggested tolerance levels as high specific to plants than animals. Acute as 0.5 ppm in/on whole potatoes, 3 ppm B. Toxicological Endpoints toxicity studies on animals indicated on potato peels, 1.35 ppm in meat and 1. Acute toxicity. The acute toxicity Toxicity Category IV for all routes of meat by-products, and 0.7 ppm in milk. studies were acceptable in accordance exposure. Chronic studies are not The analytical method for 2,6-DIPN with the guidelines as discussed in Unit required to support registration of has a level of quantification (LOQ) of III.A. All studies were performed at a biochemical pesticides unless all of the 0.02 ppm and field and laboratory single limit dose with no observable following are true: studies suggests that 20 ppm is a likely (non-lethal) toxic endpoints. i. Has subchronic toxicity. maximum commercial application rate 2. Short-term and intermediate-term ii. Its use pattern involves a for 2,6-DIPN. Residue levels expressed toxicity. Although the rat developmental significant rate, frequency or site of as 2,6-DIPN were reported at 3 ppm in toxicity study indicates a lower application. potato peels and 0.5 ppm in whole maternal NOEL (50 mg/kg/day) for iii. The frequency and level of human potatoes. similar toxicity than the subchronic exposure are significant (40 CFR In a published report (MRID 451632– toxicity study (reduced body weight, 158.690(c)). 01), the investigators noted that DIPNs weight gain and food consumption), the These criteria were evaluated in the could accumulate in the fat of treated maternal LOAEL of 150 mg/kg/day falls Agency’s risk assessment (Refs. 1 and 2) rats suggesting a potential for secondary between the subchronic NOEL of 104– which compared the cPAD to worst-case residues in meat and milk from 121 mg/kg/day and the subchronic estimates of dietary exposure. The use livestock fed treated potatoes, but a LOAEL of 208–245 mg/kg/day. The pattern and exposure associated with livestock metabolism study was not maternal NOEL of 50 mg/kg/day from 2,6-DIPN on potatoes in storage does not submitted. Worst-case estimates of the developmental toxicity study may trigger chronic studies. Since the secondary residues were calculated for be appropriate for use in conservative exposure estimates did not meat (1.35 ppm) and milk (0.7 ppm) of characterization of risks for the result in risk characterizations beef/dairy cattle fed waste from 2,6- subpopulation of women 13–49 years of exceeding the defined level of concern DIPN-treated processed potatoes. (child-bearing) age. However, the 104 (exposure >100% of the cPAD). Supplementary metabolism mg/kg/day NOEL in the subchronic 4. Carcinogenicity. Based on the 90– information was submitted on 2,6-DIPN study was selected as the endpoint for day oral toxicity study and the in rats from two published articles short-term and intermediate-term genotoxicity/mutagencity studies, there (MRID 451632–01). In one study, rats dietary assessments since the effects were no results to indicate potential were given either a single dose or 30 observed at the subchronic LOAEL neoplastic changes, and the genetic daily oral doses, at 100 mg 2,6-DIPN per (208–245 mg/kg/day) were more toxicity studies did not suggest kg body weight. Residues of 2,6-DIPN thoroughly defined than the carcinogenic potential in mammalian were detected in all tissues 2 hours after developmental effects observed at the cells. receiving the test dose. With the

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exception of body and subcutaneous fat, daily consumption estimate for the metabolite produced by other DIPN was not detected 48 hours after food/food-form. The resulting residue substances. For the purposes of this the single (100 mg/kg) dose. Peak levels consumption estimate for each food/ tolerance action, therefore, EPA has not in body and subcutaneous fat were food-form is summed with the residue assumed that 2,6-DIPN has a common found 24 hours after dosing at 75 and 85 consumption estimate for all other food/ mechanism of toxicity with other µg/g of tissue, respectively; these levels food-forms on the commodity residue substances. For information regarding declined to approximately 60 µg/g by 48 list to arrive at the total estimated EPA’s efforts to determine which hours following the single dose. Results exposure. Exposure estimates are chemicals have a common mechanism were similar in rats given the repeated expressed as mg/kg body weight/day of toxicity and to evaluate the doses with the peak levels in body and and as a percent of the cPAD (0.1 mg/ cumulative effects of such chemicals, subcutaneous fat reported to be 150 and kg/day). It is just as likely that the see the final rule for Bifenthrin Pesticide 90 µg/g, respectively, at 2 hours exposure estimates are appropriate, Tolerances (62 FR 62961, November 26, following administration of the last given that it is not uncommon for the 1997). dose. By 30 days after this last dose was peels to be eaten. These procedures D. Safety Factor for Infants and given, the 2,6-DIPN levels in fat had were performed for each population Children declined to 5 µg/g. The estimated half- subgroup. life for 2,6-DIPN in fat was As a condition of registration, the 1. In general. Section 408 of the approximately 7 days, and the registrant will be required to submit FFDCA provides that EPA shall apply investigators noted that DIPNs had a livestock feeding studies and an additional ten-fold margin of safety small potential for accumulation in fat enforcement analytical methods for for infants and children in the case of (levels increased from 2 to 7% over livestock and potatoes; however, EPA threshold effects to account for prenatal those found after a single dose in believes that its analyses, which rely on and postnatal toxicity and the subcutaneous and body fat, the available data, supplemented with completeness of the data base on respectively). Worst-case estimates of conservative assumptions, are sufficient toxicity and exposure unless EPA secondary residues were calculated for to support a tolerance for the short determines that a different margin of meat (1.35 ppm) and milk (0.7 ppm) of period during which these studies are safety will be safe for infants and beef/dairy cattle fed waste from 2,6- conducted. children. Margins of safety are DIPN-treated processed potatoes. These 2. Dietary exposure from drinking incorporated into EPA risk assessments tolerance provide a reasonable certainty water. Pesticide residues in drinking either directly through use of a MOE of no harm and livestock feeding studies water are not expected to result from analysis or through using uncertainty will allow further refinement of these this use. The use is restricted to (safety) factors in calculating a dose estimates. application in a commercial warehouse level that poses no appreciable risk to In the second article, it was noted that to stored potatoes. In addition, the label humans. 2,6-DIPN was metabolized in rats will restrict users from contaminating 2. Prenatal and postnatal sensitivity. primarily by way of an oxidative water supplies when cleaning The toxicity data on 2,6-DIPN does not pathway involving the isopropyl groups. equipment or disposing of equipment indicate extra sensitivity of offspring Five metabolites were identified in wash waters. when compared with that of adult urine from rats given an oral dose of 240 3. From non-dietary exposure. The animals, but the data base does not mg 2,6-DIPN per kg body weight, and term ‘‘residential exposure’’ is used in represent a complete assessment of the majority of the DIPN residues this document to refer to non- potential age-related sensitivity or acute recovered in the urine (23% of the dose occupational, non-dietary exposure effects other than lethality. The at 24 hours) was represented by 2-[6(1- (e.g., for lawn and garden pest control, following data would be necessary to hydroxy-1-methyl)ethylnaphthalen-2- indoor pest control, termiticides, and allow for a complete assessment: A yl]-2-hydroxypionic acid (17.5% of the flea and tick control on pets). developmental toxicity study in a dose). This study did not explain the 2,6-DIPN is not registered for use on second species, a multigeneration fate of the remaining 77% of the any sites that would result in residential reproduction toxicity study, or a range administered dose. The livestock exposure, but is restricted to use in of doses adequate to induce a full range feeding study should determine the fate commercial warehouses. of toxic responses, especially potential of the administered dose, but because 4. Cumulative exposure to substances acute effects in any of the available worst-case estimates were used to with a common mechanism of toxicity. studies. establish the tolerances, there is a Section 408(b)(2)(D)(v) of the FFDCA 3. Conclusion. In light of the absence reasonable certainty of no harm. requires that, when considering whether of a developmental toxicity study in a Acute and chronic dietary exposure to establish, modify, or revoke a second species, a multigeneration assessments were conducted using the tolerance, the Agency consider reproduction toxicity study, or a range Dietary Exposure Evaluation Model ‘‘available information’’ concerning the of doses adequate to induce a full range software (DEEMTM version 1.30) which cumulative effects of a particular of toxic responses, especially potential incorporates consumption data from pesticide’s residues and ‘‘other acute effects in any of the available USDA’s Continuing Surveys of Food substances that have a common studies, EPA has retained the default 10- Intakes by Individuals (CSFII, 1994– mechanism of toxicity.’’ fold safety factor 1996/1998). EPA does not have, at this time, For acute exposure assessments, available data to determine whether 2,6- IV. Aggregate Risks and Determination individual 1-day food consumption data DIPN has a common mechanism of of Safety for U.S. Population, Infants define an exposure distribution which is toxicity with other substances or how to and Children expressed as a percentage of the aPAD include this pesticide in a cumulative 1. Acute risk. Acute dietary exposure (aPAD is 0.1 mg/kg). For chronic risk assessment. Unlike other pesticides estimates were based on the available exposure and risk assessment, an for which EPA has followed a residue data and worst-case estimate of the residue level in each cumulative risk approach based on a assumptions (Refs. 1 and 2). For the U.S. food or food-form on the commodity common mechanism of toxicity, 2,6- population, acute dietary exposure was residue list is multiplied by the average DIPN does not appear to produce a toxic estimated to be 0.023113 mg/kg. These

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values represented 23.11% of the aPAD. for hearings appear in 40 CFR part 178. 2. Tolerance fee payment. If you file The subpopulation with the highest Although the procedures in those an objection or request a hearing, you acute dietary exposure estimate was regulations require some modification to must also pay the fee prescribed by 40 children 1 to 6 years of age (0.053492 reflect the amendments made to the CFR 180.33(i) or request a waiver of that mg/kg; 53.49% of the aPAD). The acute FFDCA by the FQPA, EPA will continue fee pursuant to 40 CFR 180.33(m). You dietary exposures to all the to use those procedures, with must mail the fee to: EPA Headquarters subpopulations in the analysis did not appropriate adjustments, until the Accounting Operations Branch, Office exceed EPA’s level of concern (> 100% necessary modifications can be made. of Pesticide Programs, P.O. Box of the aPAD). The new section 408(g) of the FFDCA 360277M, Pittsburgh, PA 15251. Please 2. Chronic risk. Using the exposure provides essentially the same process identify the fee submission by labeling assumptions described previously for for persons to ‘‘object’’ to a regulation it ‘‘Tolerance Petition Fees.’’ chronic exposure, EPA has concluded for an exemption from the requirement EPA is authorized to waive any fee that the chronic dietary exposure for the of a tolerance issued by EPA under new requirement ‘‘when in the judgement of general population was estimated to be section 408(d) of the FFDCA, as was 0.006939 mg/kg/day, 6.9% of the cPAD. provided in the old sections 408 and the Administrator such a waiver or The subpopulation with the highest 409 of the FFDCA. However, the period refund is equitable and not contrary to chronic dietary exposure estimate was for filing objections is now 60 days, the purpose of this subsection.’’ For children 1 to 6 years of age, with rather than 30 days. additional information regarding the estimated exposures of 0.023247 mg/kg/ waiver of these fees, you may contact day, which constitutes 23.25% of the A. What Do I Need to Do to File an James Tompkins by phone at (703) 305– cPAD. Objection or Request a Hearing? 5697, by e-mail at 3. Determination of safety. Based on You must file your objection or [email protected], or by mailing a these risk assessments, EPA concludes request a hearing on this regulation in request for information to Mr. Tompkins that there is a reasonable certainty that accordance with the instructions at Registration Division (7505C), Office no harm will result to the general provided in this unit and in 40 CFR part of Pesticide Programs, Environmental population, and to infants and children 178. To ensure proper receipt by EPA, Protection Agency, 1200 Pennsylvania from aggregate exposure to 2,6-DIPN you must identify docket ID number Ave., NW., Washington, DC 20460– residues. This includes all anticipated OPP–2003–0127, in the subject line on 0001. dietary exposures and all other the first page of your submission. All If you would like to request a waiver exposures for which there is reliable requests must be in writing, and must be information. of the tolerance objection fees, you must mailed or delivered to the Hearing Clerk mail your request for such a waiver to: V. Other Considerations on or before October 7, 2003. James Hollins, Information Resources 1. Filing the request. Your objection A. Analytical Enforcement Methodology and Services Division (7502C), Office of must specify the specific provisions in Pesticide Programs, Environmental A liquid chromatography (HPLC) the regulation that you object to, and the Protection Agency, 1200 Pennsylvania method was used to measure the levels grounds for the objections (40 CFR Ave., NW., Washington, DC 20460– of 2,6-DIPN in the residue study. 178.25). If a hearing is requested, the 0001. Adequate enforcement methodology objections must include a statement of 3. Copies for the Docket. In addition (for example, gas chromatography) is the factual issues(s) on which a hearing to filing an objection or hearing request available to enforce the tolerance is requested, the requestor’s contentions expression. The method may be on such issues, and a summary of any with the Hearing Clerk as described in requested from: Chief, Analytical evidence relied upon by the objector (40 Unit VI.A., you should also send a copy Chemistry Branch, Environmental CFR 178.27). Information submitted in of your request to the PIRIB for its Science Center, 701 Mapes Rd., Ft. connection with an objection or hearing inclusion in the official record that is Meade, MD 20755–5350; telephone request may be claimed confidential by described in Unit I.B.1. Mail your number: (410) 305–2905; e-mail address: marking any part or all of that copies, identified by docket ID number [email protected]. information as CBI. Information so OPP–2003–0127, to: Public Information and Records Integrity Branch, B. International Residue Limits marked will not be disclosed except in accordance with procedures set forth in Information Resources and Services There are no Codex Alimentarius 40 CFR part 2. A copy of the Division (7502C), Office of Pesticide Commission (Codex) maximum residue information that does not contain CBI Programs, Environmental Protection levels for residues of 2,6-DIPN. must be submitted for inclusion in the Agency, 1200 Pennsylvania Ave., NW., VI. Conclusion public record. Information not marked Washington, DC 20460–0001. In person or by courier, bring a copy to the Based upon the risk assessment, confidential may be disclosed publicly location of the PIRIB described in Unit residue data and use pattern described by EPA without prior notice. above, a temporary tolerance is Mail your written request to: Office of I.B.1. You may also send an electronic established for residues of 2,6-DIPN in the Hearing Clerk (1900C), copy of your request via e-mail to: opp- raw potatoes and potato peel at 0.5 ppm Environmental Protection Agency, 1200 [email protected]. Please use an ASCII and 3 ppm respectively. Pennsylvania Ave., NW., Washington, file format and avoid the use of special DC 20460–0001. You may also deliver characters and any form of encryption. VII. Objections and Hearing Requests your request to the Office of the Hearing Copies of electronic objections and Under section 408(g) of the FFDCA, as Clerk in Rm. 104, Crystal Mall #2, 1921 hearing requests will also be accepted amended by the FQPA, any person may Jefferson Davis Hwy., Arlington, VA. on disks in WordPerfect 6.1/8.0 or file an objection to any aspect of this The Office of the Hearing Clerk is open ASCII file format. Do not include any regulation and may also request a from 8 a.m. to 4 p.m., Monday through CBI in your electronic copy. You may hearing on those objections. The EPA Friday, excluding legal holidays. The also submit an electronic copy of your procedural regulations which govern the telephone number for the Office of the request at many Federal Depository submission of objections and requests Hearing Clerk is (703) 603–0061. Libraries.

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B. When Will the Agency Grant a 2,6-DIPN. DP Barcode D278840; Case responsibilities among the various Request for a Hearing? No. 070700; Submission No. S601234; levels of government, as specified in A request for a hearing will be granted No MRID Nos.’’ August 7, 2000. Executive Order 13132, entitled 5. Lake Michigan Lakewide if the Administrator determines that the Federalism (64 FR 43255, August 10, Management Plan (LaMP Study). United material submitted shows the following: 1999). Executive Order 13132 requires States Environmental Protection There is a genuine and substantial issue EPA to develop an accountable process Agency, Office of Water, Chapter 5 pp of fact; there is a reasonable possibility to ensure ‘‘meaningful and timely input 5-125. April 2000. by State and local officials in the that available evidence identified by the development of regulatory policies that requestor would, if established resolve IX. Statutory and Executive Order have federalism implications.’’ ‘‘Policies one or more of such issues in favor of Reviews that have federalism implications’’ is the requestor, taking into account This final rule establishes a temporary defined in the Executive Order to uncontested claims or facts to the tolerance under section 408(d) of the include regulations that have contrary; and resolution of the factual FFDCA in response to a petition ‘‘substantial direct effects on the States, issues(s) in the manner sought by the submitted to the Agency. The Office of on the relationship between the national requestor would be adequate to justify Management and Budget (OMB) has government and the States, or on the the action requested (40 CFR 178.32). exempted these types of actions from distribution of power and VIII. References review under Executive Order 12866, responsibilities among the various entitled Regulatory Planning and 1. EPA Memorandum. Roger Gardner levels of government.’’ This final rule Review (58 FR 51735, October 4, 1993). directly regulates growers, food to Manying Xue. ‘‘Addendum to a Because this rule has been exempted processors, food handlers and food previous review of a petition for an from review under Executive Order retailers, not States. This action does not exemption from the requirement of a 12866 due to its lack of significance, alter the relationships or distribution of tolerance (PP# 1F06338) for 2,6-DIPN this rule is not subject to Executive power and responsibilities established (PC 055803) in/on stored potatoes (EPA Order 13211, Actions Concerning by Congress in the preemption File Symbol No. 34704–IUE; DP Regulations That Significantly Affect provisions of section 408(n)(4) of the Barcodes D276743 and D276753; Energy Supply, Distribution, or Use (66 FFDCA. For these same reasons, the Submission Nos. S601233 and FR 28355, May 22, 2001). This final rule Agency has determined that this rule S601234).’’ March 7, 2003. does not contain any information does not have any ‘‘tribal implications’’ 2. EPA Memorandum. Roger Gardner collections subject to OMB approval as described in Executive Order 13175, to Driss Benmhend. ‘‘Petition for an under the Paperwork Reduction Act entitled Consultation and Coordination exemption from the requirement of a (PRA), 44 U.S.C. 3501 et seq., or impose with Indian Tribal Governments (65 FR tolerance (PP# 1F06338) for 2,6-DIPN any enforceable duty or contain any 67249, November 6, 2000). Executive (PC 055803) in/on stored potatoes (EPA unfunded mandate as described under Order 13175, requires EPA to develop File Symbol No. 34704–IUE; DP Title II of the Unfunded Mandates an accountable process to ensure Barcodes D276743 and D276753; Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal Submission Nos. S601233 and Law 104–4). Nor does it require any officials in the development of S601234).’’ December 10, 2002. special considerations under Executive regulatory policies that have tribal 3. EPA Memorandum. Russell S. Jones Order 12898, entitled Federal Actions to implications.’’ ‘‘Policies that have tribal to Driss Benmhend. ‘‘Renewal Request Address Environmental Justice in implications’’ is defined in the for an Experimental Use Permit for Minority Populations and Low-Income  Executive Order to include regulations Amplify Sprout Inhibitor (EPA Populations (59 FR 7629, February 16, that have ‘‘substantial direct effects on Symbol No. 034704–EUP–13), 1994); or OMB review or any Agency one or more Indian tribes, on the containing 99.7% 2,6-Diisopropyl- action under Executive Order 13045, relationship between the Federal napthlalene [2,6-DIPN; (Chemical No. entitled Protection of Children from Government and the Indian tribes, or on 055803)] as its Active Ingredient; and a Environmental Health Risks and Safety the distribution of power and Petition to Extend the Temporary Risks (62 FR 19885, April 23, 1997). responsibilities between the Federal Exemption from the Requirement of a This action does not involve any Government and Indian tribes.’’ This Tolerance on Stored Potatoes (PP# technical standards that would require rule will not have substantial direct 8G05008). Review of Toxicity, Agency consideration of voluntary effects on tribal governments, on the Metabolism, and Residue Chemistry consensus standards pursuant to section relationship between the Federal Studies. DP Barcodes D267369 and 12(d) of the National Technology Government and Indian tribes, or on the D267587; Case Nos. 062532 and 290334; Transfer and Advancement Act of 1995 distribution of power and Submission Nos. S581969 and S582755; (NTTAA), Public Law 104–113, section responsibilities between the Federal MRIDs 451632–01 and –02.’’ August 3, 12(d) (15 U.S.C. 272 note). Since Government and Indian tribes, as 2000. tolerances and exemptions that are specified in Executive Order 13175. 4. EPA Memorandum. Russell S. Jones established on the basis of a petition Thus, Executive Order 13175 does not  to Driss Benmhend. ‘‘Amplify Sprout under section 408(d) of the FFDCA, apply to this rule. Inhibitor (EPA Symbol No. 034704– such as the temporary tolerance in this EUP–13), containing 99.7% 2,6- final rule, do not require the issuance of X. Congressional Review Act Diisopropyl-napthlalene [2,6-DIPN; a proposed rule, the requirements of the The Congressional Review Act, 5 (Chemical No. 055803)] A New Active Regulatory Flexibility Act (RFA) (5 U.S.C. 801 et seq., as added by the Small Ingredient; and a Petition For U.S.C. 601 et seq.) do not apply. In Business Regulatory Enforcement Exemption from the Requirement of addition, the Agency has determined Fairness Act of 1996, generally provides Tolerances for 2,6-DIPN on Food that this action will not have a that before a rule may take effect, the Commodities (PP# 1F06338). Response substantial direct effect on States, on the agency promulgating the rule must to Comments Received Following relationship between the national submit a rule report, which includes a Publication of an FR Notice Regarding a government and the States, or on the copy of the rule, to each House of the Request for a Tolerance Exemption for distribution of power and Congress and to the Comptroller General

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of the United States. EPA will submit a FEDERAL COMMUNICATIONS and libraries’ universal service support report containing this rule and other COMMISSION mechanism (e-rate). required information to the U.S. Senate, 2. Libraries subject to CIPA’s filtering the U.S. House of Representatives, and 47 CFR Part 54 requirements that are not currently in compliance with the CIPA filtering the Comptroller General of the United [CC Docket No. 96–45; FCC 03–188] States prior to publication of this final requirements must undertake efforts in rule in the Federal Register. This final Federal-State Joint Board on Universal Funding Year 2003 to comply by rule is not a ‘‘major rule’’ as defined by Service: Children’s Internet Protection Funding Year 2004 in order to receive e-rate funds. Libraries must be in 5 U.S.C. 804(2). Act compliance with the CIPA requirements AGENCY: Federal Communications by Funding Year 2004, except to the List of Subjects in 40 CFR Part 180 Commission. extent such libraries are eligible for and Environmental protection, ACTION: Final rule. receive a waiver of the CIPA Administrative practice and procedure, requirements pursuant to section Agricultural commodities, Pesticides SUMMARY: In this document, the 254(h)(6)(E)(ii)(III). We direct the and pests, Reporting and recordkeeping Commission adopts measures to ensure Administrator in consultation with the that its implementation of the requirements. Wireline Competition Bureau (Bureau) Children’s Internet Protection Act to implement the necessary procedural Dated: July 31,2003. (CIPA) complies with the recent changes, including changes to the decision of the United States Supreme James Jones, current CIPA-related certifications Court. CIPA requires schools and required of applicants. We take these Director, Office of Pesticide Programs. libraries with ‘‘computer Internet steps to respond promptly to the ■ Therefore, 40 CFR chapter I is access’’ to certify that they have Internet Supreme Court’s decision and to ensure amended as follows: safety policies and technology that the schools’ and libraries’ universal protection measures, e.g., software service support mechanism continues to PART 180—[AMENDED] filtering technology, to receive operate in accordance with federal law. discounts for Internet access and II. Discussion ■ 1. The authority citation for part 180 internal connections under the schools continues to read as follows: and libraries universal service support 3. Consistent with the Supreme Court mechanism (e-rate). decision, as of the effective date of this Authority: 21 U.S.C. 321(q), 346(a) and Order, we lift the suspension of DATES: The rule and the revised FCC 371. enforcement of those § of 54.520 of our Forms 479 and 486 in this document rules which implemented the section ■ 2. Section 180.590 is added to subpart contain collection requirements that 254(h)(6) requirement that libraries have C to read as follows: have not been approved by OMB. Upon Internet filtering technology to receive OMB approval, the Commission will § 180.590 2,6-Diisopropylnaphthalene (2,6- discounts for Internet access and publish a document in the Federal DIPN); tolerances for residues. internal connections under e-rate. Register announcing the effective date Specifically, we lift the suspension of (a) General. Tolerances are of the rule and the revised FCC Forms enforcement of §§ 54.520(c)(2)(i) and 479 and 486. established for residues of 2,6- (iii), 54.520(c)(3), 54.520(d), and Diisopropylnaphthalene (2,6-DIPN) in FOR FURTHER INFORMATION CONTACT: 54.520(g)(1) of our rules as applied to or on the following commodities: Jennifer Schneider, Attorney, Wireline libraries. In addition, we modify Competition Bureau, § 54.520(f) and (g) to conform with the Expiration/ Telecommunications Access Policy Commodity Parts per revocation revised timeline for the implementation million date Division, (202) 418–7400. of section 254(h)(6) of the Act. SUPPLEMENTARY INFORMATION: This is a 4. Consistent with the implementation Meat 1.35 5/31/06 summary of the Commission’s Order in framework established by Congress, Meat byproducts 1.35 5/31/06 CC Docket No. 96–45 released on July libraries receiving e-rate discounts for Milk 0.7 5/31/06 24, 2003. The full text of this document Internet access or internal connections Potatoes (peel) 3 5/31/06 is available for public inspection during shall have one year from July 1, 2003, Potatoes (whole) 0.5 5/31/06 regular business hours in the FCC which is the start of Funding Year 2003, Reference Center, Room CY–A257, 445 to come into compliance with the (b) Section 18 emergency exemptions. Twelfth Street, SW., Washington, DC filtering requirements of CIPA. When [Reserved] 20554. Congress enacted CIPA in 2001, it recognized that it may take libraries a (c) Tolerances with regional I. Introduction significant amount of time to procure registrations. [Reserved] 1. In this Order, we adopt measures to and install the Internet filtering (d) Indirect or inadvertent residues. ensure that our implementation of the technology required to comply with [Reserved] Children’s Internet Protection Act CIPA. Accordingly, CIPA allows (CIPA) complies with the recent libraries either to certify (1) that they are § 180.1208 [Removed] decision of the United States Supreme in compliance with CIPA or (2) that they Court. CIPA requires schools and are ‘‘undertaking such actions, ■ 3. Section 180.1208 is removed. libraries with ‘‘computer Internet including any necessary procurement access’’ to certify that they have Internet procedures, to put in place’’ the [FR Doc. 03–20307 Filed 8–7–03; 8:45 am] safety policies and technology required policy measures to comply BILLING CODE 6560–50–S protection measures, e.g., software with CIPA for the next funding year. filtering technology, to receive Given that the Supreme Court decision discounts for Internet access and was issued on June 23, 2003 and will be internal connections under the schools’ effective no sooner than July 18, 2003,

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we believe that it is unrealistic to expect September 2002 version of FCC Form (l), this Order is adopted. The all libraries to be in a position to certify 486 on behalf of library consortium modifications to a collection of compliance with CIPA for Funding Year members must file the revised FCC information contained within this Order 2003, which began July 1, 2003. In order Form 486, unless all members of the are contingent upon approval by the to comply with the statute’s Internet consortium receive e-rate funds only for Office of Management and Budget. filtering requirement, many libraries telecommunications services. In 9. The suspension of enforcement must prepare a budget for the purchase addition, all library consortium implemented in the Interim Order, 67 of software and related costs, design, members must file with their billed FR 50602, August 5, 2002, of procure and/or order software entity, and all billed entities must §§ 54.520(c)(2)(i) and (iii), 54.520(c)(3), appropriate for their systems, install the collect and hold from each consortium 54.520(d), and 54.520(g)(1) of the software and implement a procedure for member the revised FCC Form 479. All Commission’s rules as they apply to all unblocking the filter upon request by an library consortium members that filed libraries and to the extent that they adult. This process, as Congress an FCC Form 479 prior to the effective require any library to filter or certify to recognized, would almost certainly take date of this Order must file a revised such filtering under 47 U.S.C. 254(h)(6), some time to complete. Therefore, we FCC Form 479 with their billed entity is lifted as of the effective date of this conclude that allowing libraries this within 45 days after the effective date of Order, consistent with the terms of this time period to comply with CIPA this Order. In order for such library Order. filtering requirements is consistent with consortium members to receive e-rate 10. Pursuant to the authority Congress’s intent in enacting CIPA and funds for Internet access and internal contained in sections 1–4, 201–205, with the public interest. connections for Funding Year 2003, 218–220, 254, 303(r), and 403 of the 5. During Funding Year 2003, all they must be in compliance with CIPA Communications Act of 1934, as libraries that receive discounts for or undertaking efforts to be in amended, 47 U.S.C. 151–154, 201–205, Internet access or internal connections compliance with CIPA at the time the 318–220, 254, 303(r), 403, section 553 of must certify that they are either revised FCC Form 479 is filed. Library compliant with CIPA or undertaking consortium members that did not file the Administrative Procedure Act, 5 efforts to be in compliance by the time FCC Form 479 prior to the effective date U.S.C. 553, and the Children’s Internet the libraries commence services for of this Order should work with their Protection Act, Public Law 106–554 Funding Year 2004. Libraries that are billed entity to determine when to section 1701 et seq. as codified at 47 not in compliance with CIPA for submit the revised FCC Form 479. In U.S.C. 254(h), the amendments to Funding Year 2003 and will not be addition, billed entities whose consortia §§ 54.520 (f) and (g) of the Commission’s undertaking efforts during Funding Year include both libraries that are in rules are adopted. 2003 to comply with CIPA by Funding compliance with CIPA for Funding Year 11. Authority is delegated to the Chief Year 2004 may not receive e-rate funds 2003 or undertaking efforts to comply of the Wireline Competition Bureau for Internet access or internal for Funding Year 2004 and libraries that pursuant to section 5(c) of the connections for Funding Year 2003. do not intend to comply with CIPA Communications Act of 1934, 47 U.S.C. Such libraries may receive e-rate funds must file FCC Form 500 to adjust their 155(c), to modify any forms that are only for telecommunications services. funding commitments as applicable necessary to implement the decisions All libraries that have not filed an FCC within 30 days after filing the revised adopted in this Order. Form 486 prior to the effective date of FCC Form 486. This FCC Form 500 12. The rule and the revised FCC this Order must file the revised FCC filing requirement is necessary only for Forms 479 and 486 in this document Form 486. All libraries that filed the Funding Year 2003 because of the contain collection requirements that September 2002 version of the FCC timing of the Supreme Court decision. have not been approved by OMB. Upon Form 486 prior to the effective date of 7. CIPA also provides for a waiver of OMB approval, the Commission will this Order and will receive discounts for the certification requirements in the publish a document in the Federal Internet access or internal connections second year after the effective date of Register announcing the effective date for Funding Year 2003 must also refile CIPA if state or local procurement rules of the rule and the revised FCC Forms using the revised FCC Form 486. The or regulations or competitive bidding 479 and 486. deadline for submitting all revised FCC requirements prevent compliance. Form 486s remains the same for all Accordingly, consistent with this List of Subjects 47 CFR Part 54 libraries—the later of 120 days after the provision of CIPA, a library or billed Reporting and recordkeeping Service Start Date or 120 days after the entity that applies for discounts in requirements, Telecommunications, date of the Funding Commitment Funding Year 2003 may submit a waiver Telephone. Decision Letter. Libraries that filed the request for Funding Year 2004 if state or September 2002 version of the FCC local procurement rules or regulations Federal Communications Commission. Form 486 for Funding Year 2003 prior or competitive bidding requirements Marlene H. Dortch, to the effective date of this Order and prevent compliance by the start of Secretary. that receive e-rate funds only for Funding Year 2004. The revised FCC Final Rules telecommunications services are not Forms 486 and 479 attached to this required to file a revised FCC Form 486. Order have been revised to reflect this ■ For the reasons discussed in the The filing of a revised FCC Form 486 for option. preamble, the Federal Communications such libraries is unnecessary because III. Ordering Clauses Commission amends 47 CFR part 54 as they do not need to certify compliance follows: with the CIPA filtering requirements. 8. Pursuant to the authority of 6. These filing requirements also sections 1–5 and 254 of the PART 54—UNIVERSAL SERVICE apply to library consortium leaders. Communications Act of 1934, as Billed entities that are library amended, 47 U.S.C. 151–155, and 254, ■ 1. The authority citation for part 54 consortium leaders should abide by the and the Children’s Internet Protection continues to read as follows: instructions for filing the FCC Form 486. Act, Public Law 106–554 section 1701 et Authority: 47 U.S.C. 1, 4(i), 201, 205, 214 Billed entities that previously filed the seq. as codified at 47 U.S.C. 254(h) and and 254 unless otherwise noted.

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■ 2. Amend § 54.520 by revising the ADDRESSES: Federal Communications Queensbury, New York. A filing second sentence of paragraph (f), revise Commission, 445 12th Street SW., window for Channel 290A at Indian paragraph (g), and remove the note to Washington, DC 20554. Lake will not be opened at this time. § 54.520. The revisions read as follows: FOR FURTHER INFORMATION CONTACT: Instead, the issue of opening this § 54.520 Children’s Internet Protection Act Robert Hayne, Mass Media Bureau (202) allotment for auction will be addressed certifications required from recipients of 418–2177. by the Commission in a subsequent discounts under the Federal universal SUPPLEMENTARY INFORMATION: This is a Order. With this action, this proceeding service support mechanism for schools and synopsis of the Commission’s is terminated. libraries. Memorandum Opinion and Order in DATES: Effective September 8, 2003. * * * * * MM Docket No. 00–18, adopted July 24, (f) * * * The waiver shall be granted 2003, and released July 25, 2003. The FOR FURTHER INFORMATION CONTACT: upon the provision, by the authority full text of this decision is available for Kathleen Scheuerle, Media Bureau, responsible for making the certifications inspection and copying during normal (202) 418–2180. on behalf of schools or libraries, that the business hours in the FCC Reference SUPPLEMENTARY INFORMATION: schools or libraries will be brought into Information Center at Portals II, CY– This is a compliance with the requirements of A257, 445 12th Street, SW., summary of the Commission’s Report this section, for schools, before the start Washington, DC. The complete text of and Order, MB Docket No. 03–105, of the third program year after April 20, this decision may also be purchased adopted July 23, 2003, and released July 2001 in which the school is applying for from the Commission’s copy contractor, 24, 2003. The full text of this funds under this title, and, for libraries, Qualex International, Portals II, 445 Commission decision is available for before the start of Funding Year 2005 or 12th Street, SW., Room CY–B402, inspection and copying during regular the third program year after April 20, Washington, DC 20554, telephone (202) business hours in the FCC’s Reference 2001, whichever is later. 863–2893, facsimile (202) 863–2898, or Information Center, Portals II, 445 12th (g) Funding year certification via e-mail [email protected]. Street, SW., Room CY–A257, deadlines—For Funding Year 2003 and Washington, DC 20554. The complete for subsequent funding years, billed Federal Communications Commission. John A. Karousos, text of this decision may also be entities shall provide one of the purchased from the Commission’s certifications required under paragraph Assistant Chief, Audio Division, Media Bureau. duplicating contractor, Qualex (c)(1), (c)(2) or (c)(3) of this section on International, Portals II, 445 12th Street, an FCC Form 486 in accordance with [FR Doc. 03–20206 Filed 8–7–03; 8:45 am] SW., Room CY–B402, Washington, DC the existing program guidelines BILLING CODE 6712–01–P 20554, telephone 202–863–2893, established by the Administrator. facsimile 202–863–2898, or via e-mail [FR Doc. 03–20205 Filed 8–7–03; 8:45 am] FEDERAL COMMUNICATIONS [email protected]. BILLING CODE 6712–01–P COMMISSION List of Subjects in 47 CFR Part 73 47 CFR Part 73 FEDERAL COMMUNICATIONS Radio, . COMMISSION [DA 03–105; MB Docket No. 03–105; RM– 10671] ■ Part 73 of title 47 of the Code of Federal 47 CFR Part 73 Regulations is amended as follows: Radio Broadcasting Services; Glens [DA 03–1936; MM Docket No. 00–18, RM– PART 73—RADIO BROADCAST 9790] Falls, Indian Lake, Malta and Queensbury, NY SERVICES Radio Broadcasting Services; AGENCY: Federal Communications ■ 1. The authority citation for part 73 Barnwell, SC, and Douglas, East Commission. Dublin, Pembroke, Pulaski, Statesboro, continues to read as follows: ACTION: Final rule. Swainsboro, Twin City, and Authority: 47 U.S.C. 154, 303, 334 and 336. Willacooche, GA SUMMARY: This document substitutes § 73.202 [Amended] AGENCY: Federal Communications Channel 289A for Channel 289B1 at Commission. Queensbury, New York, reallots ■ 2. Section 73.202(b), the Table of FM ACTION: Final rule; denial of petition for Channel 289A to Malta, New York, and Allotments under New York, is amended reconsideration. modifies the license for Station WNYQ; by removing Glens Falls, Channel 240A, reallots Channel 240A from Glens Falls, by adding Indian Lake, Channel 290A, by SUMMARY: This document denies a New York, to Queensbury, New York, adding Malta, Channel 289A and by Petition for Reconsideration filed by and modifies the license for Station removing Channel 289B1 and adding Bullie Broadcasting Corporation WCQL; and allots Channel 290A at Channel 240A at Queensbury. directed to the Memorandum Opinion Indian Lake, New York, in response to and Order in this proceeding which a petition filed by Vox New York, LLC Federal Communications Commission. granted, in part, a Petition for and Entertronics, Inc. See 68 FR 28186, John A. Karousos, Reconsideration filed by Multi-Service May 23, 2003. The coordinates for Assistant Chief, Audio Division, Media Corporation to the extent of withholding Channel 289A at Malta are 42–58–58 Bureau. program test authority for a Channel and 73–48–00. The coordinates for [FR Doc. 03–20208 Filed 8–7–03; 8:45 am] 257C1 reallotment to Pembroke, Channel 240A at Queensbury are 43– BILLING CODE 6712–01–P Georgia, until a Channel 256C3 24–12 and 73–40–25. The coordinates allotment at Barnwell, South Carolina, for Channel 290A at Indian Lake are 43– commences operation. See 67 FR 64818, 46–57 and 74–16–20. Canadian October 22, 2002. With this action, the concurrence has been requested for the proceeding is terminated. allotments at Indian Lake, Malta, and

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FEDERAL COMMUNICATIONS Federal Communications Commission. Authority: 47 U.S.C. 154, 303, 334 and 336. John A. Karousos, COMMISSION § 73.202 [Amended] Assistant Chief, Audio Division, Media 47 CFR Part 73 Bureau. ■ 2. Section 73.202(b), the Table of FM [FR Doc. 03–20209 Filed 8–7–03; 8:45 am] Allotments under Texas, is amended by [DA 03–2413; MB Docket No. 03–13; RM– BILLING CODE 6712–01–P removing Channel 248C1 and by adding 10628] Channel 248C2 at Archer City. Federal Communications Commission. Radio Broadcasting Services; FEDERAL COMMUNICATIONS Peter H. Doyle, Johnston City and Marion, IL COMMISSION Chief, Audio Division, Media Bureau. AGENCY: Federal Communications 47 CFR Part 73 [FR Doc. 03–20214 Filed 8–7–03; 8:45 am] Commission. BILLING CODE 6712–01–P [DA 03–2468; MB Docket No. 03–116] ACTION: Final rule. Radio Broadcasting Services; Archer SUMMARY: In response to a Notice of City, TX DEPARTMENT OF COMMERCE Proposed Rule Making, 68 FR 5860 (February 5, 2003), this document AGENCY: Federal Communications National Oceanic and Atmospheric reallots Channel 297B from Marion Commission. Administration Illinois, to Johnston City, Illinois. The ACTION: Final rule. coordinates for Channel 297B at 50 CFR Part 300 Johnston City are 37–45–15 North SUMMARY: As the result of a proposal by Latitude and 88–56–05 West Longitude, the Commission, this document [Docket No. 011206293–3182–02; I.D. with a site restriction of 7.4 kilometers substitutes Channel 248C2 for Channel 101501A] 248C1 at Archer City, Texas. This will (4.6 miles) south of Johnston City, RIN 0648–AK17 Illinois. conform the FM Table of Allotments to the outstanding construction permit of DATES: Effective September 8, 2003. Pacific Halibut Fisheries; Guideline Texas Grace Communications for Harvest Levels for the Guided FOR FURTHER INFORMATION CONTACT: R. Station KRZB, Channel 248C2, Archer Recreational Halibut Fishery Barthen Gorman, Media Bureau, (202) City, Texas (BMPH–19900217IB). See 68 418–2180. FR 26556, published May 16, 2003. The AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: This is a reference coordinates for the Channel Service (NMFS), National Oceanic and synopsis of the Commission’s Report 248C2 allotment at Archer City, Texas, Atmospheric Administration (NOAA), and Order, MB Docket No. 03–13, are 33–51–40 and 98–38–52. With this Commerce. adopted July 23, 2003, and released July action, the proceeding is terminated. ACTION: Final rule. 24, 2003. The full text of this DATES: Effective September 8, 2003. SUMMARY: Commission decision is available for FOR FURTHER INFORMATION CONTACT: NMFS issues a final rule to inspection and copying during normal Robert Hayne, Mass Media Bureau, implement a guideline harvest level business hours in the FCC’s Reference (202) 418–2177. (GHL) for managing the harvest of Pacific halibut in the guided Information Center at Portals II, CY– SUPPLEMENTARY INFORMATION: This is a recreational fishery in International A257, 445 12th Street, SW., synopsis of the Commission’s Report Pacific Halibut Commission Washington, DC. This document may and Order in MM Docket No. 03–116, (Commission) areas 2C and 3A in and also be purchased from the adopted July 30, 2003, and released off of Alaska. The GHL establishes an Commission’s duplicating contractors, August 1, 2003. The full text of this amount of halibut that will be Qualex International, Portals II, 445 decision is available for inspection and monitored annually in the guided 12th Street, SW., Room CY–B402, copying during normal business hours recreational fishery. This action is Washington, DC 20554, telephone 202– in the FCC’s Reference Information necessary to allow NMFS to manage 863–2893, facsimile 202–863–2898, or Center at Portals II, CY–A257, 445 12th more comprehensively the Pacific via e-mail [email protected]. Street, SW., Washington, DC. halibut stocks in waters off Alaska. It is The complete text of this decision List of Subjects in 47 CFR Part 73 intended to further the management and may also be purchased from the conservation goals of the Northern Radio, Radio broadcasting. Commission’s copy contractor, Qualex Pacific Halibut Act of 1982 (Halibut International, Portals ll, 445 12th Street, ■ Part 73 of Title 47 of the Code of Act). SW., Room CY–B402, Washington, DC Federal Regulations is amended as 20554, telephone 202–863–2893, DATES: Effective September 8, 2003. follows: facsimile 202–863–2898, or via e-mail ADDRESSES: Copies of the PART 73—RADIO BROADCAST [email protected]. Environmental Assessment/Regulatory SERVICES List of Subjects in 47 CFR Part 73 Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) ■ 1. The authority citation for part 73 Radio, Radio broadcasting. prepared for the proposed rule and reads as follows: ■ Part 73 of Title 47 of the Code of Final Regulatory Flexibility Analysis Authority: 47 U.S.C. 154, 303, 334 and 336. Federal Regulations is amended as (FRFA) prepared for this final rule may follows: be obtained from the Alaska Region, § 73.202 [Amended] NMFS, P.O. Box 21668, Juneau, AK PART 73—RADIO BROADCAST ■ 99802 1668, Attn: Lori Gravel-Durall. 2. Section 73.202(b), the Table of FM SERVICES Allotments under Illinois, is amended by FOR FURTHER INFORMATION CONTACT: adding Johnston City, Channel 297B and ■ 1. The authority citation for part 73 Glenn Merrill, (907) 586–7228 or e-mail by removing Marion, Channel 297B. continues to read as follows: at [email protected].

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SUPPLEMENTARY INFORMATION: The fishery and adopted a problem the State of Alaska (State) through the Commission makes recommendations statement in 1995 that recognized that Statewide Harvest Survey (Harvest regarding management of the Pacific ever increasing harvests in this fishery Survey), conducted annually since halibut fishery under the Convention may make achievement of Magnuson- 1977, and the on-site (creel and catch between the United States and Canada. Stevens Act National Standards more sampling) surveys conducted separately The Commission’s recommendations are difficult. Of concern was the Council’s by ADF&G in Southeast and subject to approval by the Secretary of ability to maintain the stability, Southcentral Alaska. State with concurrence of the Secretary economic viability, and diversity of the The Council’s second management of Commerce (Secretary). Additional halibut industry, the quality of the action recommended GHLs for the management regulations that are not in recreational experience, the access of guided recreational halibut fishery in conflict with regulations adopted by the subsistence users, and the Commission regulatory areas 2C and 3A. Commission, may be developed by the socioeconomic well-being of the coastal The GHLs were based on the guided North Pacific Fishery Management communities dependent on the halibut recreational sector receiving an Council (Council) to allocate harvesting resource. This policy statement led to allocation of 125 percent of its 1995 privileges among U.S. fishermen. the development of a GHL policy that harvest. This amount was equivalent to The Halibut Act provides NMFS, in would address allocative concerns in 12.76 percent and 15.61 percent of the consultation with the Council, with the Council’s problem statement. More combined commercial/guided authority to implement such allocation detail on the development of the GHL recreational halibut quota in areas 2C measures through regulatory policy is provided in the preamble to and 3A, respectively. amendments approved by the Secretary. the proposed rule, published in the The Council stated its intent that In addition to the Commission Federal Register on January 28, 2002 guided recreational harvests in excess of regulations, the commercial halibut (67 FR 3867). the GHL would not lead to a mid-season fishery off Alaska is managed under the closure of the fishery, but instead would halibut Individual Fishing Quota (IFQ) Development of the GHL trigger other management measures to Program implemented in 1995. This final rule establishes a GHL take effect in years following attainment Each year the Commission staff policy which specifies a level of harvest of the GHL. These measures would assesses the abundance and potential for the guided recreational fishery. If the restrict the guided recreational fishery yield of Pacific halibut using all GHL is exceeded, then NMFS will notify and maintain harvests within the GHL available data from the commercial the Council within 30 days of receiving allocation. The overall intent was to fishery and scientific surveys. Harvest information that the GHL has been maintain a stable guided recreational limits for ten regulatory areas are exceeded. At that time the Council may season of historic length, using area- determined by fitting a detailed initiate analysis of possible harvest specific harvest restrictions. If end-of- population model to the abundance and restrictions and NMFS may initiate season harvest data indicated that the harvest data from each area. A biological subsequent rulemaking to reduce guided guided recreational sector likely would target level for total removals in a given recreational harvests. This final rule reach or exceed its area-specific GHL in area is then calculated by multiplying a does not establish specific harvest the following season, NMFS would fixed harvest rate presently 20 percent restrictions for the guided recreational implement measures to reduce guided to the estimate of exploitable biomass. fishery. This final rule does not prevent recreational halibut harvest. This target level is called the ‘‘constant the Council from recommending Given the one-year lag between the exploitation yield’’ (CEY) for that area in management measures before the guided end of the fishing season and the coming year. Each CEY represents recreational fishery exceeds a GHL, nor availability of that year’s harvest data, the target level for total removals (in net does it obligate the Council to take management measures in response to pounds) for that area. The Commission specific action if the GHL is exceeded. the guided recreational fleet’s meeting then estimates the sport and personal Under this GHL policy, NMFS would or exceeding the GHL would take up to use, subsistence harvests, wastage, and notify the Council if a GHL for the two years to become effective. However, bycatch mortalities for each area. These guided recreational harvests has been the Council did not recommend specific are subtracted from the CEY and the met or exceeded. management measures to be remaining amount of fish may be set as This final rule is the result of ongoing implemented by NMFS if the GHL were the catch quota or ‘‘setline CEY’’ for efforts by the Council to address reached. each area’s directed commercial fixed allocation concerns between the In December 1997, the NMFS Alaska gear fishery. The setline CEY is a fixed commercial IFQ halibut fishery and the Regional Administrator informed the quota, but other removals of fish are not guided recreational fishery. The Council Council that publishing the GHL as a allocated a specific quota. has discussed the expansion of the regulation without specific management Harvests by the guided recreational guided recreational halibut fishery since measures would have no regulatory fishery and other non-commercial 1993. In September 1997, the Council effect on the guided recreational fleet. harvests are thus unrestricted within the adopted two management actions Further, because the Council had not CEY because no specific amount is affecting the halibut guided recreational recommended specific management allocated to the guided fishery. This fishery, culminating more than 4 years measures by which to limit harvests if represents an open-ended allocation to of discussion, debate, public testimony, the GHL were reached, no formal the guided recreational fishery from and analysis. approval decision by the Secretary quota available to the commercial First, the Council adopted recording would be required for the Council’s halibut fishery. Hence, as the guided and reporting requirements for the proposed GHL policy. Hence, a GHL recreational fishery expands, its halibut guided recreational fishery. To proposed rule would not be developed harvests reduce the pounds available to implement this requirement, the Alaska and forwarded for review by the be fished in the commercial halibut Department of Fish and Game (ADF&G) Secretary. fishery and, subsequently, the value of Sport Fish Division, instituted a After being notified that its 1997 GHL quota shares (QS) in the IFQ Program. Saltwater Charter Vessel logbook policy recommendation would not be The Council recognized the growth of (Logbook) in 1998. It complemented submitted for Secretarial review, the harvests in the guided recreational additional sportfish data collected by Council initiated a public process to

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develop potential harvest restrictions to The public comment required by the NMFS intended to proceed as implement if the GHL were exceeded. APA can be waived only for ‘‘good recommended by the Council in The Council formed a GHL Committee cause.’’ The harvest restrictions in the October, with a final rule to implement to recommend alternative management proposed rule likely could not be the GHL policy without the associated measures for analysis that would implemented under the ‘‘good cause’’ harvest restriction measures. NMFS constrain guided recreational harvests exemption of the APA. The APA presented this letter to the Council at its below the GHL. In April 1999, the provides for a ‘‘good cause’’ finding December 2002 meeting. This letter Council identified alternatives for only when the agency finds that notice noted that if the GHL were exceeded, analysis. and opportunity for public comment subsequent harvest restrictions could be In February 2000, after 7 years of would be impracticable, unnecessary, or implemented as needed under normal discussing the guided recreational contrary to the public interest (5 U.S.C. APA rulemaking with the halibut fishery, the Council adopted a 553(b)(B)). These terms are narrowly accompanying analyses (e.g., EA/RIR/ redefined guided recreational GHL and defined. Because this ‘‘good cause’’ IRFA). In other words, this final rule a system of management measures for finding would need to be made at the would establish the GHL policy and recommendation to the Secretary. The time the harvest restrictions are require NMFS to notify the Council Council’s recommendation would have implemented, NMFS could not when a GHL is exceeded, which could established a suite of varying harvest conclude in advance that a ‘‘good serve as a trigger for subsequent restrictions that would be triggered cause’’ finding would exist in every rulemaking. depending on the degree to which the instance the GHL was exceeded and Hence, this final rule deviates from GHL was exceeded. Once the GHL is harvest restrictions triggered. This the proposed rule (January 28, 2002, 67 reached or exceeded, these measures requirement would effectively FR 3867) by omitting all of the proposed would be implemented by notice undermine the goal of the framework restrictions. The specific changes in this published in the Federal Register. measures to expedite implementation of final rule from the proposed rule are Essentially, the Council’s harvest restriction measures on the described in the Changes from the recommendation included a guided recreational fishery. Proposed Rule section of this final rule. ‘‘framework’’ of restrictions that were NMFS presented this letter to the Guideline Harvest Level explicitly designed to be implemented Council at its April 2002 meeting, but without proceeding through public no action was taken. NMFS sent a The GHL establishes a pre-season notice and comment before becoming second letter to the Council on estimate of acceptable annual harvests September 6, 2002, which further effective. for the guided recreational halibut clarified factors that may affect the NMFS sent a letter to the Council on fishery in Commission areas 2C and 3A. approval of the GHL program and April 2, 2002, informing the Council To accommodate limited growth of the suggested alternative ways to meet the that ‘‘[t]he current framework cannot be guided recreational fleet while Council’s intent. implemented as conceived by the The September 6, 2002, letter noted approximating historical harvest levels, Council because the Administrative that the proposed rule could be the GHL for each area is based on 125 Procedure Act (APA) requires that any approved only if it were changed to percent of the average of 1995–99 regulatory action have prior notice and explicitly provide for an opportunity for guided recreational harvest estimates as opportunity for public comment before public comment before implementing reported by the ADF&G’s Harvest becoming effective.’’ any harvest restrictions. This change Survey. The average harvest during the The notification process described in would increase the amount of time 1995–1999 time period was chosen as the proposed rule contemplated between when the GHL is exceeded and being representative of recent trends in compliance with the APA in implementing any harvest restrictions, guided fishery harvests with the establishing the framework of harvest because the APA rulemaking process additional 25 percent over this average restrictions that would be scaled to would require an analysis of alternatives added to accommodate limited future match the extent to which the guided to the proposed harvest restrictions growth based on estimated guided recreational fishery exceeded the GHL. recommended by the Council under the fishery harvest trends. The GHLs equal This framework of potential restrictions, requirements of the Regulatory 1,432,000 lb (649.5 mt) net weight in which would be automatically triggered Flexibility Act, the National area 2C, and 3,650,000 lb (1,655.6 mt) depending on how much the GHL is Environmental Policy Act, Executive net weight in area 3A. These amounts exceeded, was designed by the Council Order (E.O.) 12866 (which requires a equate to 13.05 percent, and 14.11 to minimize the time between exceeding Regulatory Impact Review), and other percent, respectively, of the combined a GHL and the implementation of one or applicable laws. guided recreational and commercial more restrictions. Public comment was The Council discussed this letter in allowable harvest. specifically invited on the range of October 2002. The Council indicated The GHLs are established as a total restrictions and the link between this that its preferred course of action would maximum poundage, which is range and the level that the guided be to implement the GHL policy as a responsive to annual reductions in stock recreational fishery exceeded the GHL. rule and to develop possible harvest abundance. In the event of a reduction This process of implementing pre- restriction measures as necessary at a in either area’s halibut stocks, as conceived and non-discretionary later time through a separate analytical determined by the Commission, the area restrictions by notice, depending on and rulemaking process. Under this GHL is reduced incrementally in a how much the GHL is exceeded, scenario, the Council would undertake stepwise fashion in proportion to the however, would not have provided for its usual process of forwarding stock reduction. The GHL is reduced by additional public comment at the time recommendations to NMFS based on fixed percentages if the stock abundance of implementing a restriction. The analysis of alternatives each time falls below the average 1999–2000 stock NMFS letter to the Council indicated recreational guided harvests exceed the abundance. The 1999–2000 time frame that this lack of additional public GHL. was chosen because these were the two comment would not be consistent with On December 2, 2002, NMFS years most recent to the Council’s the APA. informed the Council by letter that action.

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To compare the stock abundance in Area 2C and 3,650,000 lb (1,655.6 mt) Register; and (4) a requirement for among years using a uniform measure, in Area 3A. Setting the GHL at a NMFS to notify the Council in writing the stock abundance will be compared maximum of 125 percent of the 1995– within 30 days of receiving information to the average 1999–2000 CEY using the 1999 harvest estimates would allow for that the GHL has been exceeded. At that CEY established for that year by the limited growth of the guided time, the Council may choose to initiate Commission. The CEY is the total target recreational fishery, but would an analysis of alternative management biomass that may be removed each year. effectively limit further growth at this restrictions on the guided recreational The Commission sets the CEY based on level. The Council chose not to provide fishery and propose harvest reduction the best available information and the a mechanism to increase the GHL above restrictions through the usual APA professional judgment of the this initial level if the stock abundance rulemaking process. Commission. As such, it may reflect increases. The Council clarified that its This final rule also revises the uncertainty, or changes in the stock goal for the GHL was to provide a limit regulatory language to better clarify the assessment modeling. However, on the total amount of harvests in the mechanism for reducing the GHLs if the comparing the CEY each year to the guided fishery that would be designated stock abundance declines. This change average 1999–2000 CEY, provides the as a fixed poundage based on an amount does not modify the intent or effect of best available measure of stock equal to 125 percent of the average the language in the proposed rule but abundance trends between years. 1995–1999 harvests. This amount was improves its readability and accuracy. The GHL in each area is reduced in set higher than existing harvest levels to The final rule also removes the stepwise increments based on a accommodate some future growth in the definition of ‘‘guided recreational reduction in the CEY. This reduction recreational sector. The Council stated vessel’’ because existing regulations (at would occur the year following the its intent that the GHLs would not close 50 CFR 300.61) define a ‘‘charter vessel’’ availability of the data indicating that a the fishery, but instead would trigger and an additional definition would be GHL in a given area has been exceeded. other management measures in years duplicative. This change does not This stepwise incremental reduction following attainment of the GHL. The modify the intent or effect of the was chosen by the Council to provide overall intent was to maintain a stable language in the proposed rule. The term some consideration for the natural guided recreational fishery season of ‘‘guided recreational fishery’’ is used in variability of halibut stocks and not historic length, using area-specific the preamble to the proposed rule require the adoption of a new GHL measures. because that term has been used every year if the stock varies only Once the Commission determines the consistently throughout the analytical slightly. For example, if the halibut stock abundance for the year during its process. Retaining the term in this final stock in area 2C were to fall from 15 to January meeting, NMFS will review the rule assists the public by maintaining 24 percent below its 1999–2000 average Commission’s CEY relative to the consistent terminology. CEY, then the area 2C GHL would be baseline 1999–2000 average CEY and The suite of harvest restrictions reduced by 15 percent from 1,432,000 lb announce the GHL for the year in the recommended by the Council and (649.5 mt) to 1,217,200 lb (552.1 mt). If Federal Register by notice before the published in the proposed rule may be the Area 2C stock abundance were to beginning of the guided fishery. If the one of the alternatives that is analyzed fall at least 25 to 34 percent, then the GHL is exceeded in any year, then in subsequent rulemaking if the GHL is GHL would be reduced by an additional NMFS will notify the Council in writing exceeded. The Council may choose 10 percent from 1,217,200 lb (552.1 mt) that the GHL has been exceeded as soon to 1,095,480 lb (496.9 mt). If the stock as that information is available. other reasonable alternative harvest abundance continued to decline by at Currently, the only source of reduction restrictions if the GHL is least 10 percent increments, the GHL in information on guided recreational exceeded. Area 2C would be reduced by an harvests comes from the Harvest Survey. The specific regulatory language in additional 10 percent once the stock The final results from the Harvest the proposed rule that is not abundance was reduced by at least 10 Survey are typically available by August implemented in this final rule includes: percent. of the year following the survey. Under (1) the suite of harvest restrictions that If abundance returns to its pre- this data collection system, NMFS would apply if the GHL were exceeded; reduction level (the 1999–2000 average would not have data that the GHL was (2) the notification process for CEY), the GHL would be stepped back exceeded until eight months after the implementing the harvest restriction up in the following year by end of the prior guided recreational measures; and (3) regulatory language commensurate incremental percentage season. NMFS has established a contract that would require the Council to points to its initial level of 125 percent to develop a data collection system review the harvest restriction measures of the average of 1995–99 guided independent of the State’s Harvest after their implementation to evaluate recreational harvest estimates. As an Survey. That system is still under their efficacy in preventing further example, if the Area 2C stock development. excess harvests and recommend that abundance was 19 percent lower than NMFS adjust those measures as the 1999–2000 average stock abundance, Changes from the Proposed Rule necessary to ensure that the following the GHL would be 15 percent lower This final rule does not implement season’s harvest levels do not exceed than the initial level. The Area 2C GHL the framework harvest restrictions the GHL. would be 1,217,200 lbs. (552.1 mt). If recommended by the Council and This final rule imposes no restrictions the stock abundance in Area 2C published in the Federal Register as a on the guided recreational fishery as increased by 15 percent over this level, proposed rule on January 28, 2002 (67 outlined in the proposed rule. This the GHL in Area 2C would be stepped FR 3867). The final rule regulatory text change from the proposed rule is up to its maximum initial level of includes: (1) the GHL in Areas 2C and necessary to address concerns raised 1,432,000 lbs (649.5 mt). 3A; (2) the mechanism for reducing the about the ability to implement the If halibut stock abundance were to GHL in years of low abundance as harvest restriction measures without increase above its 1999–2000 average determined by the Commission; (3) a providing opportunity for public CEY, then the GHL would never exceed requirement for NMFS to publish the comment under APA rulemaking its initial level of 1,432,000 lb (649.5 mt) GHL on an annual basis in the Federal procedures.

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The effect of removing this regulatory clients also expressed support for the made 10 unique comments on the language in this final rule is to establish GHL proposed rule as a means to curtail proposed rule. the GHL as a notification to the Council effort that could adversely affect his Most of these comments specifically for consideration of possible subsequent lodge operations. address the harvest restriction measures rulemaking, but not to establish specific The principal reasons given for that were part of the proposed rule but harvest restriction measures. While this supporting the proposed rule in these are not included in this final rule. These change substantially modifies the letters were that it would: comments may no longer be pertinent regulatory language in the proposed (1) Establish an equitable allocation given the removal of the harvest rule, it does not impose new restrictions between sport and commercial harvests; restriction framework. on the guided recreational fishery. The (2) Provide additional security for Comment 1: The guided recreational only regulatory effect of this action is to commercial fishermen who have fishery harvests comprise a relatively codify the GHL policy, require the invested in the IFQ Program and believe small portion of overall harvest of publication of the GHL on an annual that they should be provided a stable halibut in Areas 2C and 3A. The basis in Areas 2C and 3A, and to require percentage of the total halibut resource; percentage of harvest is not increasing, NMFS to notify the Council if the GHL and and controls or other limits on the is exceeded. guided fishery are not needed. (3) Provide a control on guided Response: This rule does not impose Response to Comments recreational fishery harvests in any restrictions on the guided fishery, nearshore waters that are used by The proposed rule was published in but serves to notify the public of the smaller commercial vessels. the Federal Register on January 28, GHLs on an annual basis and to notify 2002 (67 FR 3867), and invited public Many of the letters noted that the Council when the GHL is exceeded. comments until February 27, 2002. commercial fishermen have made The Council recommended that NMFS NMFS received 241 public comments. substantial investments in the IFQ allocate resources between the guided program and the lack of controls on recreational and commercial sectors to Letters Supporting the Proposed Rule guided recreational fishery harvests will address longstanding concerns raised by NMFS received 228 letters that compromise their investment because the absence of a specific allocation of supported, either in whole or in part, no explicit controls exist on the future the halibut resource to the guided the adoption of the proposed rule to growth of the guided recreational recreational sector. Although this rule implement a GHL and associated harvests relative to the commercial does not directly implement harvest management measures for the guided fishery. Other letters noted that restrictions, establishing an upper limit halibut fishery. These comments do not consumers would benefit from a healthy of harvest for the guided recreational provide specific suggestions or commercial resource and not all fishery is appropriate and necessary if comments on modifying the proposed individuals can afford a guided fishing the commercial and guided recreational rule, but urge its Secretarial approval. experience if they want to eat Pacific fleets wish to maintain the existing Therefore, the supportive comments halibut from Alaska. Several letters harvest distributions between these summarized are not individually indicated that the value of commercial sectors. addressed and responded to in this fisheries extends to the numerous The GHL was explicitly designed to action. services (e.g., grocery stores, supply allow a limited degree of growth in the Many of the public comments stores) that commercial fisheries guided recreational fishery without supporting the proposed rule are form support in small rural communities. reallocating the historic distribution of letters from individual commercial Other letters noted that localized harvests between the commercial and fishermen that urge NMFS to approve depletion by guided recreational vessels recreational sectors. The guided fishery the proposed rule. Approximately half is a concern and must be controlled. has not yet met or exceeded the of these letters also contain personalized Some letters mention that guided proposed GHL in either Area 2C or 3A. information on the specific nature of the recreational operators are in fact Comment 2: Guided recreational individual’s commercial fishing ‘‘commercial fishermen’’ because they fishery operations provide a greater operation and how that individual derive their income by their ability to economic benefit to Alaska and rural would be harmed if the proposed rule find fish for their clients to harvest. communities than the commercial were not adopted. NMFS received seven Several letters indicate that the Council fishery and the GHL would impede this letters that support the adoption of the process that resulted in the economic benefit and the exercise of proposed rule from organizations recommendation to adopt a GHL for the free-markets. representing fishermen or processors. guided recreational fishery fleet was a Response: This analysis is provided in NMFS also received one petition signed long, open process, that allowed ample the EA/RIR/IRFA, and indicates that the by 69 individuals supporting the GHL public participation. relative economic impacts of proposed rule. The individuals signing Generally, these letters express implementing harvest restrictions may the petition indicated they owned or support for the Secretary’s decision to vary depending on the measures used, operated vessels primarily homeported publish the proposed rule and proceed area, and particular aspects of the in Homer, Alaska. Based on a review of with the GHL. A number of the fishery operation. This analysis did not the names on the petition, most of these comments are no longer pertinent given explicitly indicate that guided individuals did not submit separate the restructuring of the final rule to recreational fishery operations personal letters. remove the frameworked harvest uniformly provided a greater economic NMFS received three letters from restrictions. benefit to Alaska and rural resident sport anglers who expressed communities. This final rule does not Letters Opposing the Proposed Rule support for the GHL as a means to impose harvest restrictions on the control effort in the fishery and ensure NMFS received 12 letters opposing guided fishery, however, and is not sport fishing opportunities for local the establishment of a GHL. The authors expected to have a direct economic residents. One commercial fisherman of all of these letters identified effect on the guided fishery. and guided recreational lodge owner themselves as guided recreational NMFS considered the economic catering to guided recreational fishery fishermen. Writers of these 12 letters effects of this regulation, among other

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factors. Economic value of the fishery is and NMFS developed this final rule, the issues, nor does it require that NMFS or one basis for making an allocation allocative concerns have not. The the Council limit their ability to manage decision, but not the only consideration. Council and NMFS have the authority recreational fisheries. E.O. 12962 The Halibut Act requires consideration and responsibility to address allocation provides guidance to NMFS to improve of a range of factors when concerns. This rule addresses those the potential productivity of aquatic recommending new management concerns by establishing a mechanism resources for recreational fisheries. measures, such as the GHL, that allocate for notifying the Council that it may Comment 6: The Council developed or assign halibut fishing privileges wish to consider additional rulemaking the proposed rule without any among various United States fishermen. to restrict the guided recreational fleet if consideration of analysis of potential The Halibut Act requires that such the GHL is exceeded. socio-economic impacts. allocation shall be fair and equitable to Comment 4: The GHL could constrain Response: The EA/RIR/IRFA analyzes, all such fishermen, based upon the harvests and force guided recreational among other issues, the socio-economic rights and obligations in existing fishery vessels to target other stocks impacts of the proposed rule for the Federal law, reasonably calculated to (e.g., salmon and lingcod) that may be GHL and the associated harvest promote conservation, and carried out fully exploited. The EA/RIR/IRFA notes restriction measures. This analysis in such manner that no particular that ‘‘other species of salmon, as well as addresses the potential socio-economic individual, corporation, or other entity rockfish and lingcod stocks would be impacts of the GHL proposed rule using acquires an excessive share of the impacted if guided recreational fishery the best available data. The FRFA halibut fishing privileges. operators increased their fishing effort prepared for this final rule reviews the Comment 3: The GHL will not on these stocks in response to a GHL on economic effects of this final rule. conserve the resource. The EA/RIR/ halibut. ADF&G has expressed Comment 7: Public access to the IRFA prepared for the GHL proposed conservation concerns for lingcod and resource will be diminished by the rule states that ‘‘the [Commission] has rockfish stocks in most areas of implementation of the GHL. determined that resource conservation Southeast Alaska. Based on these Response: This rule does not limit is not a factor in such allocative concerns the Board has adopted very guided recreational harvests or public decisions,’’ and by implication restrictive regulations for yelloweye access to fishery resources. This rule establishing a GHL based on concerns rockfish in the Sitka and Ketchikan serves only to notify the public on an about possible localized depletion of the areas and for lingcod in the Sitka area. annual basis of the GHLs in Areas 2C halibut resource are inappropriate. Increased exploitation by the guided and 3A, to codify the GHL policy and Response: In 1993, the Council sector due to a GHL would add to these to provide a mechanism for NMFS to became concerned about both localized conservation concerns.’’ depletion and ‘‘the potential Response: The implementation of the notify the Council once the GHL has reallocation of greater percentages of the GHL without any regulatory restrictions been exceeded. CEY from the IFQ fishery to the guided would not be expected to have any Comment 8: The accuracy of the recreational fishery ‘‘(See 67 FR 3867, distributional effects on the guided Logbook data used to determine the January 28, 2002). While the EA/RIR/ fishery fleet, and is not expected to have GHL is suspect, should not have been IRFA notes that ‘‘the effect on the a significant effect on the human used in this process, and should not be halibut resource of allocating halibut environment. Additionally, ADF&G and used in any future management between user groups is negligible,’’ it the Board may choose to implement decisions. The author of the letter notes also notes that ‘‘if there was a resource additional management measures if the that in a September 2001 memorandum, conservation concern, the [Commission] implementation of the GHL is perceived ADF&G raised some concerns about the would be the responsible management to have an adverse effect on state use of Logbook data for management body, however, since this is an managed resources. At the time that any purposes. allocative issue, the management additional management measures are Response: The GHL is based on 125 responsibility is delegated to the developed, those considerations may be percent of the average of 1995–1999 Council.’’ addressed. guided recreational harvests using data The EA/RIR/IRFA notes that ‘‘while Comment 5: The GHL proposed rule gathered from the ADF&G Harvest there may be biological concerns contradicts NMFS’ commitment to Survey. The GHL is not based on data associated with localized depletion of promote recreational fisheries under from the Logbook. The Harvest Survey halibut stocks, the guided recreational E.O. 12962. (E.O. directing Federal is considered accurate for purposes of fishery sector may not be the only agencies to enhance recreational fishing estimating guided recreational harvests contributor to localized depletions. In opportunities). on a fleetwide basis. ADF&G is no summary, none of the alternatives Response: This rule does not diminish longer collecting data on halibut would be expected to have a significant that productivity or countermand the harvests using the Logbook. Fleetwide impact on the environment.’’ This intent of E.O. 12962. Because this final harvests would be monitored relative to indicates that the basis for this action is rule does not impose any regulatory the GHL using the Harvest Survey. largely one based on concerns for restrictions on the guided recreational Because this rule does not implement allocation and that the potential effect of fishery it would not limit or otherwise harvest restriction measures, data from this action on the environment is not curtail participation in the guided the Logbook would not be used to significant. The commenter correctly recreational fishery. E.O. 12962 was implement this final rule. NMFS notes that the EA/RIR/IRFA does not signed in 1995, and directs Federal currently is reviewing alternative means provide conclusive evidence of agencies to improve the quantity, of gathering data for collecting data and localized depletion attributable to the function, sustainable productivity, and monitoring harvests in the guided guided recreational fleet. distribution of aquatic resources for recreational fleet for other management Although concerns about the potential increased recreational fishing purposes. effects of the guided fishery on localized opportunities ‘‘to the extent permitted Comment 9: The absence of Logbook depletion of halibut stocks may have by law and where practicable.’’ This data will not allow NMFS to implement diminished over the past several years E.O. does not diminish NMFS’ any possible GHL restrictions without a while the Council considered this action responsibility to address allocation two-year delay, which is unacceptable.

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Response: The EA/RIR/IRFA poundage that would be adjusted in a commercial fishery, and is a portion of indicated that the Harvest Survey could stepwise fashion if abundance the overall CEY. The final rule has been be used and the one-year lag between decreases. modified from the proposed rule to the end of the fishing season and Based on these factors, the GHL is not clarify that the CEY will be used as the availability of that year’s harvest data designed to increase if stock abundance means for comparing stock abundance was anticipated as was the possibility increases. However, this final rule does among years. that it would take up to two years for not impose specific harvest restrictions Comment 3: The proposed rule does management measures to be if the GHL is exceeded. If stock not specifically address localized implemented. This final rule does not abundance does increase and the GHL is depletion concerns that are described in implement harvest restrictions and exceeded in a specific area, then the the Council’s Problem Statement which Logbook data are not required for Council can review the appropriateness guided the development of this monitoring fleetwide harvests. NMFS of pursuing additional subsequent proposed rule. The proposed rule does currently is reviewing alternative data rulemaking at that time, including a not address these concerns because the collection methods for the guided review of the mechanism used to set the GHL and associated harvest restriction recreational fleet and reduce this delay GHL. measures would apply on an area-wide between exceeding the GHL and State Comments on the Proposed Rule basis. notification of the Council. These data Response: This action does not The ADF&G also provided written collection methods would supplement directly resolve all of the problems the existing Harvest Survey and provide comments on the proposed rule. Comment 1: The description of CEY raised in the Problem Statement additional information on fleetwide and adopted by the Council. This final rule individual vessel harvests. in the preamble to the proposed rule as it relates to total allowable harvests is does not impose harvest restrictions and Comment 10: The proposed rule does the specific management measures not provide a mechanism for the GHL to incorrect. Response: The preamble to the which may address any possible increase if the stocks increase and localized depletion would need to be therefore limits guided recreational proposed rule described the CEY as a specific allocation to the commercial developed by additional future harvests if halibut abundance increases. rulemaking. This would limit the guided recreational fishery, which is not accurate. The statement in the preamble to this final At the time the Council developed the fleet to a smaller percentage of the Problem Statement, it was concerned overall available exploitable biomass rule has been corrected to more about the potential adverse effects of relative to the commercial fleet. The accurately describe CEY as an estimate localized depletion and cited localized GHL should be modified to increase of the total allowable harvests, depletion as well as allocation debates during periods of higher stock including harvests by the guided as problems in the management of the abundance. fishery, sport anglers, and as bycatch in Response: The goal for the GHL is to other fisheries. guided halibut fishery. The EA/RIR/ provide a limit on the total amount of Comment 2: The preamble to the IRFA indicated that localized depletion harvests in the guided fishery that proposed rule does not adequately may not be as great of a concern as would be designated as a fixed define how stock biomass is defined. originally assumed. Allocation issues poundage based on an amount equal to Differences exist between the also are addressed by the proposed rule. 125 percent of the average 1995–1999 Commission model estimates of CEY Because this final rule does not impose harvests. This amount was set higher and the setline CEY actually approved harvest restriction measures, it would than existing harvest levels to by the Commission for the commercial not address potential localized accommodate some future growth in the fishery. These differences could affect depletion. recreational sector. The intent is not to how stock abundance is measured and Comment 4: The preamble to the close the fishery, but additional applied relative to the GHL. proposed rule does not provide management measures may be triggered Response: The Commission adequate consideration of overall in years following attainment of the determines the total biomass based on a economic efficiency and the impact of GHL. The overall intent was to maintain variety of model estimates, data sources, this rule on the guided recreational a stable guided recreational fishing and consideration of uncertainty in the halibut fishery. season of historic length, using area- model estimates. The proposed rule did Response: The preamble to the specific measures. not specify the particular method that proposed rule notes that the Council The GHL is not a fixed percentage of would be used to estimate changes in prepared an EA/RIR/IRFA that examines the total halibut biomass available for stock biomass and model estimates may the economic effect of this rule. The EA/ exploitation and it was not envisioned vary among years. An appropriate RIR/IRFA notes that the economic that the GHL would increase if stock measure is the CEY. The CEY is a effects on the guided recreational abundance increased. The decision to numerical determination of the amount fishery were calculated with the best fix the GHL at a maximum level with of biomass available for total removals available data which was limited for some reduction in the GHL as stock (i.e., harvests, bycatch) from the fishery. some aspects of the analysis. The abundance decreases was based on The CEY incorporates uncertainty that preamble to the proposed rule provides several factors including: (1) Halibut are may exist in the fishery stock a brief review of the effects of this action believed to be at high abundance but are assessment models and may vary from on economic efficiency. The preamble declining, according to recent the stock assessment models based on to the proposed rule refers the reader to Commission stock assessments, making the professional judgment of the the EA/RIR/IRFA for additional it unlikely that stock abundance will Commission. The CEY reflects the discussion. An FRFA was prepared and increase; (2) the current level of harvests amount of biomass available for harvest it addresses the economic impacts of by the guided recreational sector are on an annual basis and is therefore a this final rule. below the GHLs in both Area 2C and reasonable proxy for comparing stock Comment 5: Logbook data should not 3A; and (3) public comment received abundance on an interannual basis. The be used for the estimation of harvests or during the Council deliberations CEY is distinct from the ‘‘setline CEY’’ management of the guided recreational advocated setting the GHL as a fixed which is the specific catch limit for the fishery.

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Response: This final rule does not rely Description and Estimate of Number of action alternative developed in the on the Logbook for monitoring the GHL. Small Entities to Which the Rule Will IRFA. The Harvest Survey will be used to Apply NMFS is not aware of any alternatives estimate annual harvests by the guided in addition to those considered in this recreational fleet since the Logbook no A description and estimate of the action that would accomplish the longer collects data on halibut harvest number of small entities to which the objectives of the Magnuson-Stevens Act in the guided recreational fleet. NMFS rule will apply is provided in the IRFA and other applicable statutes while is exploring the development of a data and IRFA summary contained in the further minimizing the economic impact collection system to augment the Classification section of the proposed of the rule on small entities. The impact Harvest Survey. This final rule does not rule and is not repeated here. The final on small entities under this action is the implement harvest restrictions and data rule has been modified from the same as the status quo for the small on individual vessel harvests are not proposed rule and the number of small entities in the Pacific halibut and required at this time. entities to which the rule will apply has sablefish IFQ fisheries and the guided been affected by these changes. As halibut recreational fishery. Comment 6: The mechanism for noted in the preamble, no entities are The IRFA analyzed alternatives that implementing the harvest restriction directly regulated by this action. This would have established a series of measures without the use of the action serves as a notification for the frameworked harvest restriction Logbook for monitoring and public and the Council that a specific measures as well as a moratorium on enforcement is unclear. harvest level has been reached. NMFS new participants to the guided Response: This final rule does not provides this notification process and recreational halibut fishery as well as impose harvest restrictions on the no small entities are regulated once a the no-action alternative. The no action guided recreational fleet. As stated GHL is reached without additional alternative would have resulted in no earlier, NMFS is in the process of action by the Council and NMFS. This changes to existing fishing patterns by developing a new data collection FRFA is being undertaken because an the guided recreational fleet. This program for the guided recreational IRFA was prepared for the proposed alternative was not chosen, however, in fishery. That program could be used if rule which contained measures that order to implement the GHL policy and the Council were to recommend, and would have regulated small entities. notification process described in this the Secretary were to adopt, any Those measures are no longer part of proposed rule. The net economic effect additional management measures this final rule. of this action is the same as the no during subsequent rulemaking. action alternative. The analysis Description of Projected Reporting, supporting this statement is provided in Classification Recordkeeping, and Other Compliance the IRFA and is not repeated here. Requirements Included in this final rule is the Final The IRFA also examined an alternative that would have Regulatory Flexibility Analysis (FRFA) A description of projected reporting, implemented a series of frameworked that contains the items specified in 5 recordkeeping, and other compliance harvest restriction measures if a GHL U.S.C. 604(a). The FRFA consists of the requirements is provided in the IRFA were exceeded. This alternative would IRFA, the comments and responses to and IRFA summary contained in the have been expected to result in more the proposed rule, and the analyses Classification section of the proposed significant economic impacts on guided completed in support of this action. A rule and is not repeated here. copy of the IRFA is available from the recreational vessels than the action Council (see ADDRESSES). The preamble Steps Taken to Minimize Economic being implemented. The analysis to the proposed rule included a detailed Impacts on Small Entities supporting this statement is provided in summary of the analyses contained in the IRFA and is not repeated here. This rule would (1) establish the GHL The IRFA also examined an the IRFA, and that discussion is not in Areas 2C and 3A; (2) describe the repeated in its entirety here. alternative that would have mechanism for reducing the GHL in implemented a moratorium on new Statement of Objective and Need years of low abundance as determined participants in the guided recreational by the Commission; (3) establish a fishery. This alternative would have A description of the reasons why this requirement for NMFS to publish the been expected to result in more action is being considered, and the GHL on an annual basis in the Federal significant economic impacts on guided objectives of and legal basis for this Register; and (4) require NMFS to notify recreational vessels than the action action are contained in the preamble to the Council in writing within 30 days of being implemented. The analysis the proposed rule and are not repeated receiving information that the GHL has supporting this statement is provided in here. been exceeded. The potential economic the IRFA and is not repeated here. impacts of these measures are described Summary of Significant Issues Raised Small Entity Compliance Guide in Public Comments in detail in the IRFA and IRFA summary contained in the classification section of Section 212 of the Small Business Comments received prior to the close the proposed rule and in the preamble Regulatory Enforcement Fairness Act of of the comment period for the proposed of this final rule. This action does not 1996 states that, for each rule or group rule focused on a range of issues. directly regulate small entities and of related rules for which an agency is Specifically, many comments addressed would not have an impact on those required to prepare a FRFA, the agency issues related to the implementation of entities. No measures were taken to shall publish one or more guides to a framework of harvest restriction reduce impacts on small entities beyond assist small entities in complying with measures which are no longer a part of those already taken with the the rule, and shall designate such this final rule. These comments are development of alternatives in the IRFA. publications as ‘‘small entity addressed in detail in the preamble. For The IRFA considered an alternative that compliance guides.’’ The agency shall a summary of the comments received, would have maintained the status quo. explain the actions a small entity is refer to the section above titled The regulatory effect described in this required to take to comply with a rule ‘‘Comments and Responses.’’ action is effectively the same as the no or group of rules. This paragraph serves

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as the small entity compliance guide. This final rule complies with the following definitions for ‘‘guideline Small entities are not required to take Halibut Act and the Council’s authority harvest level’’ and ‘‘halibut harvest’’ to any additional actions to comply with to implement allocation measures for read as follows: this action. NMFS will publish the GHL the management of the halibut fishery. on an annual basis and notify the § 300.61 Definitions. List of Subjects in 50 CFR Part 300 Council if the GHL is exceeded. These * * * * * actions do not require any additional Fisheries, Fishing, Reporting and Guideline harvest level (GHL) means a compliance from small entities. Copies recordkeeping requirements, Treaties. level of allowable halibut harvest by the of this final rule are available from Dated: August 4, 2003. charter vessel fishery. NMFS (see ADDRESSES) and at the Rebecca Lent, following web site: http:// Halibut harvest means the catching www.fakr.noaa.gov/ Deputy Assistant Administrator for and retaining of any halibut. Regulatory Programs, National Marine Need for and Objectives of the Final Fisheries Service. * * * * * Rule ■ For the reasons set out in the preamble, ■ 3. In § 300.65, paragraph (i) is added to This final rule is necessary to 50 CFR part 300 is amended as follows: read as follows: implement a GHL policy. The intent of this final rule is to notify the Council PART 300—INTERNATIONAL § 300.65 Catch sharing plan and domestic that a specific level of harvest has been FISHERIES REGULATIONS management measures in waters in and off Alaska. achieved by the guided recreational ■ 1. The authority citation for 50 CFR * * * * * fishery. This action is consistent with part 300 continues to read as follows: the provisions of the Halibut Act. (i) Guideline harvest level. (1) The Authority: 16 U.S.C. 773 et seq. This final rule has been determined to annual GHLs for regulatory areas 2C and be not significant for the purposes of ■ 2. Section 300.61 is amended by 3A are determined as follows: Executive Order 12866. adding, in alphabetical order, the

If the Annual Total Constant Exploitation If the Annual Total Constant Yield for Halibut in Area 2C is More Than the GHL for Area 2C will Exploitation Yield for Halibut in Than the GHL for Area 3A will Than: be: Area 3A is More Than: be:

(i) 9,027,000 lbs. (4094.5 mt) 1,432,000 lbs...... 21,581,000 lbs...... 3,650,000 lbs...... (649.5 mt) ...... (9,788.9 mt) ...... (1655.6 mt). (ii) 7,965,000 lbs. (3612.9 mt) 1,217,000 lbs...... 19,042,000 lbs...... 3,103,000 lbs...... (552.0 mt) ...... (8637.3 mt) ...... (1407.0 mt). (iii) 6,903,000 lbs. (3,131.2 mt) 1,074,000 lbs...... 16,504,000 lbs...... 2,734,000 lbs...... (496.7 mt) ...... (7,485.9 mt) ...... (1266.4 mt). (iv) 5,841,000 lbs. (2,649.4 mt) 931,000 lbs...... 13,964,000 lbs...... 2,373,000 lbs...... (447.2 mt) ...... (6334.0 mt) ...... (1,139.9 mt). (v) 4,779,000 lbs. (2,167.7 mt) 788,000 lbs...... 11,425,000 lbs...... 2,008,000 lbs...... (357.4 mt) ...... (5,182.3 mt) ...... (910.8 mt).

(2) NMFS will publish a notice in the DEPARTMENT OF COMMERCE SUMMARY: NMFS issued a final rule to Federal Register on an annual basis implement measures contained in establishing the GHL for Area 2C and National Oceanic and Atmospheric Framework Adjustment 38 (Framework Area 3B for that calendar year within 30 Administration 38) to the Northeast (NE) Multispecies days of receiving information from the Fishery Management Plan (FMP) to Commission which establishes the 50 CFR Part 648 exempt a fishery from the Gulf of constant exploitation yield for that year. [Docket No. 030514123–3162–02; I.D. (GOM) Regulated Mesh Area mesh size 041003B] regulations. The final rule implementing (3) If the GHL in either Area 2C or 3A Framework 38 was published in the is exceeded, NMFS will notify the RIN 0648–AQ76 Federal Register on July 9, 2003. One of Council in writing that the GHL has the coordinates contained in the Gulf of been exceeded within 30 days of Fisheries of the Northeastern United States; Northeast Multispecies Maine (GOM) Grate Raised Footrope receiving information that the GHL has Trawl Whiting Fishery Exemption Area been exceeded. Fishery; Framework Adjustment 38 to the Northeast Multispecies Fishery table was incorrect. NMFS published a [FR Doc. 03–20285 Filed 8–7–03; 8:45 am] Management Plan; Correcting correcting amendment on July 25, 2003. BILLING CODE 3510–22–S Amendment However, in the correction document, the headings in the three columns of the AGENCY: National Marine Fisheries table, GOM Grate Raised Footrope Trawl Service (NMFS), National Oceanic and Whiting Fishery Exemption Area, are Atmospheric Administration (NOAA), incorrect. This document corrects those Commerce. errors. ACTION: Final rule; correcting DATES: This regulation is effective amendment. August 8, 2003.

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FOR FURTHER INFORMATION CONTACT: E. GOM GRATE RAISED FOOTROPE Magnuson-Stevens Fishery Martin Jaffe, Fishery Policy Analyst, TRAWL WHITING FISHERY EX- Conservation and Management Act. 978–281–9272. EMPTION AREA Regulations governing fishing by U.S. vessels in accordance with the FMP SUPPLEMENTARY INFORMATION: (July 1 through November 30) appear at subpart H of 50 CFR part 600 Need for the Correction Point N. Lat. W. Long. and 50 CFR part 679. The allocation of the ‘‘other rockfish’’ The final rule implementing measures GRF1 ...... 43° 15′ 70° 35.4′ contained in Framework 38 to the FMP GRF2 ...... 43° 15′ 70° 00′ TAC in the Central Regulatory Area was was published in the Federal Register GRF3 ...... 43° 25.2′ 70° 00′ established as 550 metric tons by the on July 9, 2003 (68 FR 40810), and GRF4 ...... 43° 41.8′ 69° 20′ final 2003 harvest specifications for became effective on the date of GRF5 ...... 43° 58.8′ 69° 20′ groundfish in the GOA (68 FR 9924, publication. The North Latitude March 3, 2003). coordinate for Point GRF5 (44° 58.5′) in * * * * * In accordance with § 679.20(d)(2), the the table, GOM Grate Raised Footrope Dated: August 4, 2003. Administrator, Alaska Region, NMFS, Trawl Whiting Fishery Exemption Area, Rebecca Lent, has determined that the allocation of the contained in § 648.80(a)(16), was Deputy Assistant Administrator for ‘‘other rockfish’’ TAC in the Central incorrect in the final rule document. A Regulatory Programs, National Marine Regulatory Area of the GOA has been final rule; correcting amendment was Fisheries Service. reached. Therefore, NMFS is requiring published in the Federal Register on [FR Doc. 03–20286 Filed 8–7–03; 8:45 am] that further catches of ‘‘other rockfish’’ July 25, 2003 (68 FR 43974). That BILLING CODE 3510–22–S in the Central Regulatory Area of the document corrected the North Latitude ° GOA be treated as prohibited species in coordinate for Point GRF5, which is 43 accordance with § 679.21(b). 58.8′. However, in the correction DEPARTMENT OF COMMERCE document published July 25, 2003, the Classification headings contained in the table in National Oceanic and Atmospheric § 648.80(a)(16) were incorrect. Administration This action responds to the best available information recently obtained Therefore, because the final rule 50 CFR Part 679 from the fishery. The Assistant published on July 25, 2003, which was Administrator for Fisheries, NOAA the subject of FR Doc. 03–18894, [Docket No. 021122286–3036–02; I.D. contained incorrect table headings in 080103A] (AA), finds good cause to waive the § 648.80(a)(16), on page 43974, in the requirement to provide prior notice and first column of the table the column Fisheries of the Exclusive Economic opportunity for public comment heading ‘‘Point N.’’ is removed and in Zone Off Alaska; ‘‘Other Rockfish’’ in pursuant to the authority set forth at 5 its place ‘‘Point’’ is added. In the second the Central Regulatory Area of the Gulf U.S.C. 553(b)(B) as such requirement is column of the table the column heading of Alaska contrary to the public interest. This requirement is contrary to the public ‘‘Lat.W.’’ is removed and in its place ‘‘N. AGENCY: National Marine Fisheries Lat.’’ is added. In the third column the Service (NMFS), National Oceanic and interest as it would delay the heading ‘‘Long.’’ is removed and in its Atmospheric Administration (NOAA), prohibition of retention, lead to place ‘‘W. Long.’’ is added. Commerce. exceeding the TAC of ‘‘other rockfish’’ in the Central Regulatory Area of the This document corrects the table ACTION: Closure. under § 648.80(a)(16) as follows: GOA, and therefore reduce the public’s SUMMARY: NMFS is prohibiting retention ability to use and enjoy the fishery List of Subjects in 50 CFR Part 648 of ‘‘other rockfish’’ in the Central resource. Fishing, Fisheries, Reporting and Regulatory Area of the Gulf of Alaska The AA also finds good cause to recordkeeping requirements. (GOA). NMFS is requiring that catch of waive the 30–day delay in the effective ‘‘other rockfish’’ in this area be treated date of this action under 5 U.S.C. ■ For the reasons stated in the preamble, in the same manner as prohibited 553(d)(3). This finding is based upon 50 CFR part 648 is correctly amended to species and discarded at sea with a the reasons provided above for waiver of read as follows: minimum of injury. This action is prior notice and opportunity for public necessary because the allocation of the comment. PART 648—FISHERIES OF THE ‘‘other rockfish’’ 2003 total allowable NORTHEASTERN UNITED STATES catch (TAC) in this area has been This action is required by § 679.20 achieved. and is exempt from review under ■ 1. The authority citation for part 648 Executive Order 12866. continues to read as follows: DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 6, 2003, until 2400 Authority: 16 U.S.C. 1801 et seq. Authority: 16 U.S.C. 1801 et seq. hrs, A.l.t., December 31, 2003. Dated: August 5, 2003. ■ 2. In § 648.80, the table contained in FOR FURTHER INFORMATION CONTACT: Bruce C. Morehead, paragraph (a)(16) is corrected to read as Mary Furuness, 907–586–7228. Acting Director, Office of Sustainable follows: SUPPLEMENTARY INFORMATION: NMFS Fisheries, National Marine Fisheries Service. § 648.80 Multispecies regulated mesh manages the groundfish fishery in the [FR Doc. 03–20278 Filed 8–5–03; 3:10 pm] GOA exclusive economic zone areas and restrictions on gear and methods BILLING CODE 3510–22–S of fishing. according to the Fishery Management * * * * * Plan for the Groundfish Fishery of the Gulf of Alaska (FMP) prepared by the (a) * * * North Pacific Fishery Management (16) * * * Council under authority of the

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DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: NMFS (AA), finds good cause to waive the manages the groundfish fishery in the requirement to provide prior notice and National Oceanic and Atmospheric GOA exclusive economic zone opportunity for public comment Administration according to the Fishery Management pursuant to the authority set forth at 5 Plan for the Groundfish Fishery of the U.S.C. 553(b)(B) as such requirement is 50 CFR Part 679 Gulf of Alaska (FMP) prepared by the contrary to the public interest. This [Docket No. 021122286–3036–02; I.D. North Pacific Fishery Management requirement is contrary to the public 080103B] Council under authority of the interest as it would delay the Magnuson-Stevens Fishery prohibition of retention, lead to Fisheries of the Exclusive Economic Conservation and Management Act. exceeding the TAC of shortraker/ Zone Off Alaska; Shortraker/Rougheye Regulations governing fishing by U.S. rougheye rockfish in the Central Rockfish in the Central Regulatory vessels in accordance with the FMP Area of the Gulf of Alaska appear at subpart H of 50 CFR part 600 Regulatory Area of the GOA, and and 50 CFR part 679. therefore reduce the public’s ability to AGENCY: National Marine Fisheries The allocation of the shortraker/ use and enjoy the fishery resource. Service (NMFS), National Oceanic and rougheye rockfish TAC in the Central The AA also finds good cause to Atmospheric Administration (NOAA), Regulatory Area was established as 840 waive the 30–day delay in the effective Commerce. metric tons by the final 2003 harvest date of this action under 5 U.S.C. ACTION: Closure. specifications for groundfish in the GOA 553(d)(3). This finding is based upon (68 FR 9924, March 3, 2003). SUMMARY: NMFS is prohibiting retention the reasons provided above for waiver of In accordance with § 679.20(d)(2), the of shortraker/rougheye rockfish in the prior notice and opportunity for public Administrator, Alaska Region, NMFS, Central Regulatory Area of the Gulf of comment. has determined that the allocation of the Alaska (GOA). NMFS is requiring that shortraker/rougheye rockfish TAC in the This action is required by § 679.20 catch of shortraker/rougheye rockfish in Central Regulatory Area of the GOA has and is exempt from review under this area be treated in the same manner been reached. Therefore, NMFS is Executive Order 12866. as prohibited species and discarded at requiring that further catches of sea with a minimum of injury. This Authority: 16 U.S.C. 1801 et seq. shortraker/rougheye rockfish in the action is necessary because the Central Regulatory Area of the GOA be Dated: August 5, 2003. allocation of the shortraker/rougheye treated as prohibited species in Bruce C. Morehead, rockfish 2003 total allowable catch accordance with § 679.21(b). Acting Director, Office of Sustainable (TAC) in this area has been achieved. Fisheries, National Marine Fisheries Service. DATES: Classification Effective 1200 hrs, Alaska local [FR Doc. 03–20279 Filed 8–5–03; 3:10 pm] time (A.l.t.), August 6, 2003, until 2400 This action responds to the best BILLING CODE 3510–22–S hrs, A.l.t., December 31, 2003. available information recently obtained FOR FURTHER INFORMATION CONTACT: from the fishery. The Assistant Mary Furuness, 907–586–7228. Administrator for Fisheries, NOAA

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Proposed Rules Federal Register Vol. 68, No. 153

Friday, August 8, 2003

This section of the FEDERAL REGISTER • By e-mail: 9-ane- Examining the AD Docket contains notices to the public of the proposed [email protected]. issuance of rules and regulations. The You may examine the AD Docket purpose of these notices is to give interested You may get the service information (including any comments and service persons an opportunity to participate in the identified in this proposed AD from information), by appointment, between rule making prior to the adoption of the final Honeywell Engines, Systems & Services, 8 a.m. and 4:30 p.m., Monday through rules. Technical Data Distribution, M/S 2101– Friday, except Federal holidays. See 201, P.O. Box 52170, Phoenix, AZ ADDRESSES for the location. 85072–2170; telephone: (602) 365–2493 Discussion DEPARTMENT OF TRANSPORTATION (General Aviation); (602) 365–5535 (Commercial); fax: (602) 365–5577 On October 23, 2001, the FAA Federal Aviation Administration (General Aviation and Commercial). received a report of a first stage turbine disk, part number (P/N) 3101520–1, 14 CFR Part 39 You may examine the AD docket at found cracked in the bore area. The the FAA, New England Region, Office of [Docket No. 2003–NE–02–AD] manufacturer’s investigation verified the Regional Counsel, 12 New England that the crack originated from a RIN 2120–AA64 Executive Park, Burlington, MA. localized, melt related, low alloy area of Airworthiness Directives; Honeywell FOR FURTHER INFORMATION CONTACT: the disk. The manufacturer has International Inc. (formerly AlliedSignal Joseph Costa, Aerospace Engineer, Los determined that certain serial numbers Inc., Garrett Turbine Engine Company, Angeles Aircraft Certification Office, (SNs) of P/N 3101520–1 first stage and AiResearch Manufacturing FAA, Transport Airplane Directorate, turbine disks, produced from the same Company of Arizona) TPE331–10 and 3960 Paramount Blvd., Lakewood CA forging billet, may also contain –11 Series Turboprop Engines 90712–4137; telephone: (562) 627–5246; localized, melt related, low alloy areas. fax (562) 627–5210. Some of the P/N 3101520–1 disks AGENCY: Federal Aviation produced from this same forging billet Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: were later converted to P/N 3107079–1 ACTION: Notice of proposed rulemaking Comments Invited first stage turbine disks. Therefore, (NPRM). certain SNs of P/N 3107079–1 first stage We invite you to submit any written turbine disks also may contain SUMMARY: The FAA is proposing to relevant data, views, or arguments localized, melt related, low alloy areas. adopt a new airworthiness directive regarding this proposal. Send your At the time of conversion, however, (AD) that applies to Honeywell comments to an address listed under P/N 3107079–1 first stage turbine disks International Inc. (formerly AlliedSignal ADDRESSES. Include ‘‘AD Docket No. received an initial FPI and ECI, so these Inc., Garrett Turbine Engine Company, 2003–NE–02–AD’’ in the subject line of disks only require repetitive and AiResearch Manufacturing your comments. If you want us to inspections. This condition, if not Company of Arizona) TPE331–10 and acknowledge receipt of your mailed corrected, could result in uncontained –11 series turboprop engines with comments, send us a self-addressed, disk separation, resulting in engine certain part numbers and serial numbers stamped postcard with the docket damage and shutdown. of first stage turbine disks. This number written on it; we will date- proposal would require initial and Relevant Service Information stamp your postcard and mail it back to repetitive fluorescent penetrant you. We specifically invite comments We have reviewed and approved the inspections (FPIs) and eddy current technical contents of Honeywell inspections (ECIs) of the affected first on the overall regulatory, economic, environmental, and energy aspects of International Inc. Alert Service Bulletin stage turbine disks. This proposal is (ASB) TPE331–A72–2102, dated March prompted by a report of a first stage the proposed AD. If a person contacts us through a nonwritten communication, 28, 2002, that describes procedures for turbine disk found cracked at the disk initial and repetitive FPI of the SNs of bore. We are proposing this AD to and that contact relates to a substantive part of this proposed AD, we will first stage turbine disks, P/N 3101520– prevent cracked first stage turbine disks 1, and for only repetitive FPI of the SNs from causing uncontained disk summarize the contact and place the summary in the docket. We will of disks, P/N 3107079–1 listed in Table separation, resulting in engine damage 1 of the ASB. For disks that pass FPI, consider all comments received by the and shutdown. the ASB also requires that those disks closing date and may amend the DATES: We must receive any comments pass ECI. proposed AD in light of those on this proposed AD by October 7, 2003. comments. FAA’s Determination and Requirements ADDRESSES: Use one of the following of the Proposed AD addresses to submit comments on this We are reviewing the writing style we proposed AD: currently use in regulatory documents. We have evaluated all pertinent • By mail: Federal Aviation We are interested in your comments on information and identified an unsafe Administration (FAA), New England whether the style of this document is condition that is likely to exist or Region, Office of the Regional Counsel, clear, and your suggestions to improve develop on other products of this same Attention: Rules Docket No. 2003–NE– the clarity of our communications that type design. Therefore, we are 02–AD, 12 New England Executive Park, affect you. You may get more proposing this AD, which would require Burlington, MA 01803–5299. information about plain language at initial and repetitive FPIs of the SNs of • By fax: (781) 238–7055. http://www.plainlanguage.gov. first stage turbine disks P/N 3101520–1,

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and only repetitive FPIs of the disks We prepared a summary of the costs engines are installed on, but not limited to P/N 3107079–1 listed in Table 1 of the to comply with this proposal and placed Mitsubishi MU–2B series, Construcciones ASB, and for disks that pass FPI, it in the AD Docket. You may get a copy Aeronauticas S.A. (CASA) C–212 series, perform an ECI. The proposed actions of this summary by sending a request to Fairchild SA226 series (Swearingen Merlin would be required to be done in us at the address listed under and Metro series), Twin Commander 680 and 690 series (Jetprop Commander), Dornier 228 accordance with the ASB described ADDRESSES. Include ‘‘AD Docket No. series, Beech 18 and 45 series, Beech Models previously. 2003–NE–02–AD’’ in your request. JRB–6, 3N, 3TM, and B100, Cessna Aircraft Changes to 14 CFR Part 39—Effect on List of Subjects in 14 CFR Part 39 Company Model 441 Conquest, and Jetsteam 3201 series airplanes. the Proposed AD Air transportation, Aircraft, Aviation Unsafe Condition On July 10, 2002, we published a new safety, Safety. (d) This AD is prompted by a report of a version of 14 CFR part 39 (67 FR 47997, The Proposed Amendment July 22, 2002), which governs the FAA’s first stage turbine disk found cracked at the AD system. This regulation now Accordingly, under the authority disk bore. We are issuing this AD to prevent cracked first stage turbine disks, part number includes material that relates to altered delegated to me by the Administrator, the Federal Aviation Administration (P/N) 3101520–1 or P/N 3107079–1, with products, special flight permits, and serial numbers listed in Table 1 of Honeywell alternative methods of compliance. This proposes to amend 14 CFR part 39 as follows: International Inc. ASB TPE331–A72–2102, material previously was included in dated March 28, 2002, from causing each individual AD. Since this material PART 39—AIRWORTHINESS uncontained disk separation, resulting in is included in 14 CFR part 39, we will DIRECTIVES engine damage and shutdown. not include it in future AD actions. Compliance 1. The authority citation for part 39 Costs of Compliance continues to read as follows: (e) You are responsible for having the actions required by this AD performed within There are approximately 72 TPE331– Authority: 49 U.S.C. 106(g), 40113, 44701. the compliance times specified unless the 10 and –11 series turboprop engines of actions have already been done. the affected design in the worldwide § 39.13 [Amended] fleet. We estimate that 36 engines 2. The FAA amends § 39.13 by adding Initial Inspection installed on airplanes of U.S. registry the following new airworthiness (f) Perform a fluorescent penetrant would be affected by this proposed AD. directive: inspection (FPI) of first stage turbine disks, We estimate that it would take P/N 3101520–1, in accordance with 2.A.(4)(a) Honeywell International Inc. (formerly through 2.A.(4)(d) of Accomplishment approximately 5 work hours per engine AlliedSignal Inc., Garrett Turbine Instructions of ASB TPE331–A72–2102, to perform the proposed disk Engine Company and AiResearch dated March 28, 2002, and the following: Manufacturing Company of Arizona): inspections during a scheduled (1) For first stage turbine disks with 4,100 Docket No. 2003–NE–02–AD. disassembly, and 40 work hours per cycles-since-new (CSN) or less, inspect at engine to perform the proposed disk Comments Due Date next access, but no later than 4,500 CSN. inspections for an unscheduled (a) The FAA must receive comments on (2) For first stage turbine disks with more disassembly. The average labor rate is this airworthiness directive (AD) action by than 4,100 CSN, inspect at next access, but $65 per work hour. Required parts October 7, 2003. within 400 cycles-in-service (CIS) after the would cost approximately $5,000 per effective date of this AD. engine. Based on these figures, the total Affected ADs (3) First stage turbine disks that pass FPI cost of the proposed AD to U.S. (b) None. must be eddy current inspected (ECI) before they are returned to service. Information on operators for disassembly, inspections, Applicability procedures for returning disks to Honeywell and part replacement is estimated to be (c) This AD applies to Honeywell Engines, Systems, & Services, for ECI, can be $105,300. International Inc. (formerly AlliedSignal Inc., found in ASB TPE331–A72–2102, dated Regulatory Findings Garrett Turbine Engine Company and March 28, 2002. AiResearch Manufacturing Company of (4) First stage turbine disks, P/N 3107079– We have determined that this Arizona) TPE331–10–501C, –10–511C, –10– 1, do not require initial inspection because proposed AD would not have federalism 501K, –10–511K, –10–501M, –10–511M, they received an initial FPI and ECI at the implications under Executive Order –10AV–511B, –10AV–511M, –10GP–511D, time of conversion. 13132. This proposed AD would not –10GT–511D, –10N–511S, –10N–512S, –10N–513S, –10N–514S, –10N–515S, –10N– Repetitive Inspections have a substantial direct effect on the 531S, –10N–532S, –10N–533S, –10N–534S, (g) Perform repetitive FPIs of first stage States, on the relationship between the –10N–535S, –10P–511D, –10R–501C, –10R– turbine disks P/N 3101520–1 and P/N national Government and the States, or 502C, –10R–511C, –10R–512C, –10R–513C, 3107079–1, in accordance with 2.B.(3)(a) on the distribution of power and –10T–511D, –10T–511K, –10T–511M, –10T– through 2.B.(3)(d) of Accomplishment responsibilities among the various 512K, –10T–513K, –10T–515K, –10T–516K, Instructions of ASB TPE331–A72–2102, levels of government. –10T–517K, –10U–501G, –10U–502G, –10U– dated March 28, 2002 and the following: For the reasons discussed above, I 511G, –10U–512G, –10U–503G, –10U–513G, (1) FPI first stage turbine disks at each –10UA–511G, –10UF–501H, –10UF–511H, scheduled hot section inspection. certify that the proposed regulation: –10UF–512H, –10UF–513H, –10UF–514H, (2) First stage turbine disks that pass FPI 1. Is not a ‘‘significant regulatory –10UF–515H, –10UF–516H, –10UG–513H, must be ECI before they are returned to action’’ under Executive Order 12866; –10UG–514H, –10UG–515H, –10UG–516H, service. Information on procedures for 2. Is not a ‘‘significant rule’’ under the –10UGR–513H, –10UGR–514H, –10UGR– returning disks to Honeywell Engines, DOT Regulatory Policies and Procedures 516H, –10UR–513H, –10UR–516H, –11U– Systems, & Services, for ECI, can be found in (44 FR 11034, February 26, 1979); and 601G, –11U–602G, –11U–611G, and –11U– ASB TPE331–A72–2102, dated March 28, 3. Would not have a significant 612G turboprop engines with first stage 2002. turbine disk part number (P/N) 3101520–1 or economic impact, positive or negative, P/N 3107079–1, with serial numbers (SNs) Definition on a substantial number of small entities listed in Table 1 of Honeywell International (h) For the purposes of this AD, next access under the criteria of the Regulatory Inc. Alert Service Bulletin (ASB) TPE331– is defined as when the turbine wheel Flexibility Act. A72–2102, dated March 28, 2002. These assembly is removed from the engine.

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Alternative Methods of Compliance comments on the DOT electronic docket number FAA–2003–14830 on your (AMOCs) site. comments and submit them in (i) You must request AMOCs as specified • Fax: 1–202–493–2251. duplicate. Submit your comments to the in 14 CFR part 39.19. All AMOCs must be • Mail: Docket Management Facility: Docket Management System or through approved by the Manager, Los Angeles U.S. Department of Transportation, 400 the internet at the addresses listed Aircraft Certification Office, FAA. Seventh Street, SW., Nassif Building, above. Material Incorporated by Reference Room PL–401, Washington, DC 20590– Anyone who would like the FAA to 001. acknowledge receipt of their comments (j) The FPIs must be done in accordance • with Honeywell International Inc. ASB Hand Delivery: Room PL–401 on must submit a self-addressed, stamped, TPE331–A72–2102, dated March 28, 2002. the plaza level of the Nassif Building, postcard containing the statement Approval of incorporation by reference from 400 Seventh Street, SW., Washington, ‘‘Comments to Docket No. FAA–2003– the Office of the Federal Register is pending. DC between 9 am and 5 pm, Monday 14830.’’ The postcard will be date/time Related Information through Friday, except Federal stamped and returned. All Holidays. communications received on or before (k) None. • Federal eRulemaking Portal: Go to the specified closing date for comments Issued in Burlington, Massachusetts, on http://www.regulations.gov. Follow the will be considered before taking action August 1, 2003. online instructions for submitting on this proposed rule. Comments filed Francis A. Favara, comments. after the closing date will be considered Acting Manager, Engine and Propeller Instructions: All submissions must to the extent practicable. The proposal Directorate, Aircraft Certification Service. include the agency name and docket may be changed in light of the [FR Doc. 03–20231 Filed 8–7–03; 8:45 am] number or Regulatory Identification comments received. BILLING CODE 4910–13–P Number (RIN) for this rulemaking. For All comments submitted will be detailed instructions on submitting available for examination in the public comments and additional information docket both before and after the closing DEPARTMENT OF TRANSPORTATION on the rulemaking process, see the date for comments. If any substantive Public Participation heading of the contact with FAA personnel occurs Federal Aviation Administration SUPPLEMENTARY INFORMATION section of concerning this proposal after its this document. Note that all comments publication, a report summarizing that 14 CFR Parts 91, 121 and 135 received will be posted without change contact will be placed in the docket. [Docket No. FAA–2003–14830; Special to http://dms.dot.gov, including any Privacy Act Federal Aviation Regulation (SFAR) No. 71] personal information provided. Please see the Privacy Act heading under Anyone is able to search the RIN 2120–AH02 SUPPLEMENTARY INFORMATION and electronic form of all comments received into our dockets by the name Air Tour Operators in the State of Regulatory Notices. of the individual submitting the Hawaii Docket: For access to the docket to read background documents or comment (or signing the comment, if AGENCY: Federal Aviation comments received, go to http:// submitted on behalf of an association, Administration (FAA), DOT. dms.dot.gov at any time or to Room PL– business, labor union, etc.). You may ACTION: Notice of proposed rulemaking 401 on the plaza level of the Nassif review DOT’s complete Privacy (NPRM). Building, 400 Seventh Street, SW., Statement in the Federal Register Washington, DC between 9 am and 5 published on April 11, 2000 (volume 65, SUMMARY: This action proposes to pm, Monday through Friday, except Number 70, pages 19477–78), or you continue the existing safety Federal Holidays. may visit http://dms.dot.gov. requirements in Special Federal FOR FURTHER INFORMATION CONTACT: Availability of the Proposed Rule Aviation Regulation No. 71 (SFAR 71) Alberta Brown, Aviation Safety and eliminate the termination date for You can download an electronic copy Inspector, Air Transportation Division, of this proposed rule through the SFAR 71. Currently, SFAR 71 is a final AFS–200, Federal Aviation rule that will expire on October 26, Internet by: Administration, 800 Independence (1) Searching the Department of 2003. Since 1994, the FAA has extended Avenue, SW., Washington, DC 20591; SFAR 71 for two 3-year periods. The Transportation’s electronic Docket Telephone (202) 267–8321, or by email Management System (DMS) Web page procedural, operational, and equipment at [email protected]. safety requirements of SFAR 71 would (http://dms.dot.gov/search); SUPPLEMENTARY INFORMATION: continue to apply to parts 91, 121, and (2) Visiting the Office of Rulemaking’s 135 air tour operators in Hawaii. SFAR Public Participation Web page at http://www.faa.gov/avr/ 71 does not apply to operations armhome.htm; or Interested persons are invited to (3) Accessing the Federal Register’s conducted under part 121 in airplanes participate in this proposed rulemaking Web page at http://www.access.gpo.gov/ with a passenger-seating configuration by submitting such data, views or su_docs/aces/aces140.html. of more than 30 seats and a payload arguments, as they may desire. You also can get a copy by submitting capacity of more than 7,500 pounds or Comments that provide the factual basis a request to the Federal Aviation to flights conducted in gliders or hot air supporting the views and suggestions Administration, Office of Rulemaking, balloons. presented are particularly helpful in ARM–1, 800 Independence Avenue DATES: Comments must be received on developing reasoned regulatory SW., Washington, DC 20591, or by or before September 8, 2003. decisions on a proposal. Comments are calling (202) 267–9680. Make sure you ADDRESSES: You may submit comments specifically invited on the overall put docket number FAA–2003–14830 to FAA–2003–14830 by any of the regulatory, economic, environmental on your request. to identify this following methods: and energy-related aspects of the rulemaking. • Web site: http://dms.dot.gov. proposal. If you are submitting You may review the public docket Follow the instructions for submitting comments on paper, write docket containing this proposal, any comments

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received, and any final disposition, in prescribed by federal statute or held that the rule was not arbitrary or person in the Docket Management regulation. Section 6 also allows capricious. The Court also held that the System office (see address above) operators to obtain deviation authority FAA-approved deviations from the between 9 a.m. and 5 p.m., Monday from the FAA to operate at lower altitude minimums in SFAR 71 were through Friday, except Federal holidays. altitudes. interpretive rules not subject to the Section 7 requires that each pilot in notice and comment provisions of the Small Entity Inquiries command of an air tour flight of Hawaii, APA. See Safari Aviation v. FAA, 300 F. The Small Business Regulatory with a flight segment beyond the ocean 3d 1144 (9th Cir. 2002) cert. denied. Enforcement Fairness Act of 1996 shore of any island, ensure that (SBREFA) requires the FAA to comply passengers are briefed on water ditching The Petition for Rulemaking with small entities requests for procedures, use of flotation equipment, In October 2002, 15 helicopter air tour information or advice about compliance and how to exit from the aircraft in the operators and their pilots who operate with statutes and regulations within its event of a water landing. in Hawaii petitioned to amend SFAR 71. jurisdiction. Internet users can find The original SFAR would have Each of the identical petitions was additional information on SBREFA on expired 3 years after becoming effective signed by air tour pilots. The petitions the FAA’s Web page at http:// in October 1994; however, the FAA are available in docket number FAA– www.2faa.gov/avr/arm/sbrefa.htm. extended the termination date in both 2002–13959 as well as this rulemaking Persons without internet access may call 1997 and 2000 for additional 3-year docket. Petitioners state that the 1,500- the office of rulemaking at (202) 267– terms. (62 FR 58854, October 30, 1997; foot minimum altitude requirement in 8677 for more information. 65 FR 58610, September 29, 2000.) SFAR 71, even with FAA approved Except for the date extensions, SFAR 71 specific deviation authority, ‘‘is Background has continued without change to its cumbersome and lacks flexibility in In 1994, the FAA issued SFAR 71 as substantive or procedural safety dynamic circumstances.’’ They maintain an emergency rule because of safety requirements and has remained in effect that the altitude requirement in SFAR concerns about the risks associated with for approximately 9 years. 71 is ‘‘unnecessarily restrictive and air tours in Hawaii and the increase in As discussed in the two extensions, compromises safety by taking away pilot the accident rate (59 FR 49138, the FAA will continue to develop a options.’’ Petitioners state that ‘‘pilot September 26, 1994). Currently, SFAR national air tour safety standards notice judgment should dictate altitude and 71 imposes special safety requirements of proposed rulemaking. The national standoff distances in accordance with for all air tours conducted in Hawaii rulemaking will be responsive to the well-established FAA regulatory under parts 91, 135, and certain part 121 NTSB and others who believe that air practice and helicopter industry operations. tour safety standards should be experience.’’ Section 3 specifically addresses single applicable nationwide. Petitioners agree that the 1,500-foot engine helicopters operated beyond the There have been three lawsuits minimum altitude restriction should be shore of any island. Without regard to regarding SFAR 71 rulemaking. The maintained for habitable structures and gliding distance, the helicopter must be Hawaii Helicopter Operators congregations of persons. For other equipped with floats adequate to Association (HHOA) challenged the areas, however, they request that the accomplish a safe emergency ditching as validity of the emergency rule issued in FAA amend the altitude restriction for well as flotation gear easily accessible to 1994, contending that the FAA had helicopters to align it with federal each occupant. If there are no floats on violated the notice and comment aviation regulation section 135.203 (14 the helicopter, each occupant must wear provisions of the Administrative CFR 135.203). The 300-ft. altitude the flotation gear. Procedure Act (APA). The United States restriction in 14 CFR 135.203 refers to Section 4 applies to all helicopter air Court of Appeals for the Ninth Circuit VFR helicopter operations over tours, not just single engine helicopters upheld the promulgation of SFAR 71 as congested areas; however, petitioners or off shore air tours, and requires an emergency rule finding that the FAA maintain that 300 feet is a reasonable operators to complete a performance had properly invoked the good cause minimum altitude to apply to helicopter plan before each flight. The pilot in exception to section 553(c) of the APA. tour operations in noncongested areas in command must comply with the Also, the Court rejected HHOA’s claim Hawaii. They ask the FAA to amend performance plan. that the SFAR’s 1,500 foot minimum SFAR 71 to allow air tour helicopter Section 5 requires that, except for altitude requirement was arbitrary and operations at 300 feet except when approach to, and transition from a capricious. See Hawaii Helicopter operating over habitable structures or hover, the pilot in command of a Operators Association v. FAA, 51 F. 3d congregations of people. helicopter air tour operate at a 212 (9th Cir. 1995). Petitioners maintain that allowing combination of height and forward When the FAA extended SFAR 71 in helicopter air tours as low as 300 feet speed (including hover) that would 1997 and 2000, Safari Aviation, Inc., would make ‘‘SFAR 71 safer because permit a safe landing in the event of petitioned for review of both rules in the pilot decision-making would no longer engine power loss, in accordance with 9th Circuit. As to the 1997 interim rule, be compromised by pressure to the height-speed envelope for that the Court held that the challenge was maintain unreasonable altitudes in helicopter under current weight and moot because the rule had expired. As certain circumstances.’’ They believe aircraft altitude. to the 2000 rule extending SFAR 71 that ‘‘the pilot would then have the Section 6 requires minimum altitudes without change (except for the date) the latitude to determine the safe and most for air tours in Hawaii. No person may Court found that the FAA adequately reasonable route of flight considering conduct an air tour in Hawaii below an responded to the comments it received. terrain and weather.’’ altitude of 1,500 feet above the surface The FAA was required to respond only Petitioners state that SFAR 71 causes or closer than 1,500 feet to any person to significant comments raising relevant helicopter tours to fly over, or very close or property. There are exceptions for points and which, if adopted, would to, communities concentrated along the altitudes necessary for takeoff and require a change to the proposal. The coast of the windward side of the landing, compliance with air traffic Court found that the FAA had a rational Hawaiian Islands in order to stay at control clearances, and altitudes basis for promulgating SFAR 71 and 1,500 feet and remain under the cloud

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ceiling. They state that general aviation agree with the 1,500-ft. altitude part 121 in airplanes with a passenger- airplanes fly low in this area to stay minimum and they want to fly lower at seating configuration of more than 30 below the helicopter tour flights. They 300 feet over other than congested areas seats and a payload capacity of more assert that this practice is ‘‘contrary to in Hawaii without obtaining an FAA than 7,500 pounds or to flights common sense, increases the potential authorized deviation. They conducted in gliders or hot air balloons. for mid-air collisions, and increases acknowledge, however, that a minimum The FAA estimates the total cost of noise exposure for coastal altitude of 300 feet would not have this proposed rule at $29.8 million or communities.’’ Finally, petitioners state prevented all the pre-SFAR accidents $20.9 million, discounted. The costs that a review of the pre-SFAR helicopter attributable to low altitude. SFAR 71 reflect maintenance and operating costs accidents in Hawaii would disclose that limits the minimum altitude at which attributable to flotation devices and ‘‘a 300 foot restriction would have been air tours may be conducted and, to that flotation gear, operating costs required equally effective in preventing almost extent, the FAA agrees with petitioners for calculating helicopter performance every accident attributed to low that SFAR 71 has taken away a pilot plans and providing passenger briefing altitude.’’ option. An altitude of 1,500 feet for emergency egress in the event of a In an identical addendum to the provides a pilot with more distance, and water landing. Lost opportunity costs petition, some petitioners state that thus time, to avoid an accident or to would also be incurred due to the SFAR 71 should be rescinded and that deal with an error. minimum weather provisions. the rules governing helicopter flight and In summary, SFAR 71 has been equipment should be uniform successful in reducing the air tour The quantified monetary benefits of throughout the United States. These accident rate in Hawaii and does not the proposed rule are estimated at petitioners maintain that parts 91 and compromise safety. Any FAA issued $125.3 million. An estimated 39 135 are established safety regulations deviations from the altitude requirement fatalities would be avoided, if the rule acceptable to helicopter tour pilots and will continue to be site specific because were 100 percent effective and the rule tour operators on a nationwide level. the public interest in safety requires a would have to be less than 23 percent They contend that SFAR 71 was case-by-case and site-by-site assessment effective for the cost per fatality avoided imposed because of a political outcry for for each altitude deviation request. to exceed the benchmark value of $3.0 increased regulations. They also million. maintain that the accident history used The Proposal The FAA has determined that the to support SFAR 71 shows that if the The FAA proposes to continue the benefits of the proposed rule would pilots and operators had complied with safety requirements of SFAR 71 without exceed the cost. The rule would not existing regulations, the accidents a termination date because of the impact on international trade because would not have occurred or the success of SFAR 71 in reducing the air the affected operators do not compete outcomes would have been different. tour accident rate in Hawaii and the with foreign operators. The rule would proven effectiveness of the SFAR’s The FAA’s Response not have an unfunded mandate requirements. exceeding $100 million annually on the The FAA has considered the Environmental Review private sector or state, local, and tribal petitioners’ views, arguments and governments. The FAA has determined information in formulating this notice of In accordance with FAA Order that the proposed rule would have a proposed rulemaking. During the years 1050.1D, the FAA has determined that significant impact on a substantial that SFAR 71 has been in effect, the this proposed rule is categorically number of small air tour operators. FAA has received many comments excluded from environmental review about the minimum altitude under section 102(2)(C) of the National International Trade Impact Assessment requirement; it continues to be a Environmental Policy Act. The original The Trade Agreement Act of 1979 contentious issue. When the FAA issued SFAR 71 established procedural, prohibits Federal agencies from SFAR 71 in 1994 as an emergency rule, operational, and equipment safety establishing any standards or engaging the National Transportation Safety requirements for air tour aircraft in the in related activities that create Board and others criticized the state of Hawaii. This proposal would unnecessary obstacles to the foreign minimum altitude requirement because maintain the same requirements. This commerce of the United States. of a concern that tour operations would rulemaking will not involve any be concentrated at that altitude Legitimate domestic objectives, such as significant impacts to the human safety, are not considered unnecessary increasing the risk of mid-air collisions environment and the FAA has and derogating safety. In practice, the obstacles. The statute also requires determined that there are no consideration of international standards FAA has granted deviations to a extraordinary circumstances. majority of the operators, which has and, where appropriate, that they be the mitigated this concern. By granting the Regulatory Evaluation Summary basis for U.S. standards. deviations, the FAA has provided the This regulatory evaluation estimates In accordance with the above statute, majority of air tour operators with the benefits and costs of a proposed rule the FAA has assessed the potential specific interpretations of how the that would continue the existing safety effect of this proposed rule and has minimum altitude requirement of SFAR requirements in SFAR 71 and eliminate determined that it would have only a 71 applies to them in light of their its termination date. Currently, SFAR 71 domestic impact and therefore no affect individual safety qualifications and is a final rule that will expire on on any trade-sensitive activity. differences in local terrain and October 26, 2003. Since 1994, the FAA Paperwork Reduction Act prevailing conditions. has extended SFAR 71 for two 3-year The petitions and addendums to the periods. The procedural, operational, SFAR 71 contains information petitions raise issues again that are and equipment safety requirements of collection requirements. Those same similar to comments received by the SFAR 71 would continue to apply to requirements apply to this extension. agency during the three rulemaking parts 91, 135, and certain 121 air tour OMB approval (No. 2120–0620) has proceedings on this SFAR. The operators in Hawaii. SFAR 71 does not been extended through January 31, helicopter air tour operators do not apply to operations conducted under 2004.

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Unfunded Mandates Reform Act Authority: 49 U.S.C. 106(g), 40113, 40119, an opportunity for hearing published 41706, 44101, 44701–44702, 44705, 44709– The Unfunded Mandates Reform Act elsewhere in this issue of the Federal 44711, 44713, 44716–44717, 44722, 44901, Register. One approved product subject of 1995 (the Act) is intended, among 44903–44904, 44912, 46105. other things, to curb the practice of to the regulations proposed for removal imposing unfunded Federal mandates 3. Add SFAR No. 71 to part 121. is being codified elsewhere in this issue of the Federal Register. on State, local and tribal governments. PART 135—OPERATING Title II of the Act requires each Federal DATES: Submit written comments on the REQUIREMENTS: COMMUTER AND proposed rule by November 6, 2003. agency to prepare a written statement ON-DEMAND OPERATIONS assessing the effects of any Federal ADDRESSES: Submit written comments mandate in a proposed or final agency 4. The authority citation for part 135 to the Division of Dockets Management rule that may result in the expenditure continues to read as follows: (HFA–305), Food and Drug of $100 million or more (adjusted Authority: 49 U.S.C. 106(g), 40113, 44701– Administration, 5630 Fishers Lane, rm. annually for inflation) in any one year 44702, 44705, 44709, 44711–44713, 44715– 1061, Rockville, MD 20852. Submit by State, local, and tribal governments, 44717, 44722. electronic comments to: http:// in the aggregate, or by the private sector; www.fda.gov/dockets/ecomments. 5. In parts 91, 121, and 135, SFAR such a mandate is deemed to be a FOR FURTHER INFORMATION CONTACT: ‘‘significant regulatory action.’’ NO. 71—Special Operating Rules For Air Tour Operators In The State of Andrew J. Beaulieu, Center for This proposed rule does not contain Veterinary Medicine (HFV–1), 7519 such a mandate. The requirements of Hawaii, Section 8 is revised to read as follows: Standish Pl., Rockville, MD 20855, 301– Title II do not apply. 827–2954, e-mail: Federalism Implications SFAR NO. 71—Special Operating Rules [email protected]. for Air Tour Operators in the State of SUPPLEMENTARY INFORMATION: The regulations herein will not have Hawaii substantial direct effects on the State, on I. Background the relationship between the national * * * * * government and the states, or on the Section 8. Termination date. This Elsewhere in this issue of the Federal distribution of power and SFAR NO. 71 shall remain in effect until Register, the agency is announcing the responsibilities among the various further notice. effective conditions of use for some of levels of government. Therefore, in Issued in Washington, DC on August 4, the products or use combinations accordance with Executive Order 12612, 2003. subject to the listings in parts 510 and the FAA certifies that this regulation John M. Allen, 558 (21 CFR part 510 and 558), will not have sufficient federalism Acting Director, Flight Standards Service. specifically, §§ 510.515 and/or 558.15, and the agency is proposing to implications to warrant the preparation [FR Doc. 03–20277 Filed 8–5–03; 4:47 pm] of a Federalism Assessment. withdraw the new animal drug BILLING CODE 4910–13–P applications (NADAs) for those List of Subjects products or use combinations lacking 14 CFR Part 91 substantial evidence of effectiveness DEPARTMENT OF HEALTH AND following a 90-day opportunity to Aircraft, Airmen, Aviation safety. HUMAN SERVICES supplement the NADAs with labeling 14 CFR Part 121 conforming to the relevant findings of Food and Drug Administration Air carriers, Aircraft, Airmen, effectiveness. One approved product subject to § 558.15 is being codified in Aviation safety, Charter flights, Safety, 21 CFR Parts 510 and 558 Transportation. part 558, subpart B in a final rule [Docket No. 2003N–0324] published elsewhere in this issue of the 14 CFR Part 135 Federal Register. Concurrent with that Air taxi, Aircraft, Airmen, Aviation New Animal Drugs; Removal of announcement and final rule, the safety. Obsolete and Redundant Regulations agency is proposing to remove these two sections of the Code of Federal AGENCY: Food and Drug Administration, The Amendment Regulations (§§ 510.515 and 558.15) for HHS. The Federal Aviation Administration the reasons described in sections II and proposes to amend 14 CFR parts 91, ACTION: Proposed rule. III of this document. 121, and 135 as follows: SUMMARY: The Food and Drug II. Part 510, Subpart F Animal Use PART 91—GENERAL OPERATING AND Administration (FDA) is proposing Exemptions From Certification and FLIGHT RULES removal of regulations that exempted Labeling Requirements and § 510.515 certain new animal drugs administered Animal Feeds Bearing or Containing 1. The authority citation for part 91 in feed from batch certification New Animal Drugs Subject to the continues to read as follows: requirements. FDA is also proposing Provisions of Section 512(n) of the Act Authority: 49 U.S.C. 106(g), 40103, 40113, removal of regulations that required 40120, 44101, 44111, 44701, 44709, 44711, sponsors to submit data regarding the A. History of Part 510, Subpart F and 44712, 44715, 44716, 44717, 44722, 46306, subtherapeutic use of certain antibiotic, § 510.515 46315, 46316, 46502, 46504, 46506–46507, nitrofuran, and sulfonamide drugs In 1945, Congress added section 507 47122, 47508, 47528–47531. administered in animal feed. The to the Federal Food, Drug, and Cosmetic PART 121—OPERATING intended effect of this proposed rule is Act (the act) (21 U.S.C. 357) requiring REQUIREMENTS: DOMESTIC FLAG, to remove regulations that are obsolete the agency to provide for the AND SUPPLEMENTAL OPERATIONS or redundant. Some of the products and certification of batches of drugs combination uses subject to the listings composed wholly or partly of any kind 2. The authority citation for part 121 in these regulations are subject to a of penicillin (Public Law 79–139, 59 continues to read as follows: notice of findings of effectiveness and Stat. 463). No distinction was made

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between the use of the drugs in man or lists only a few products and use FR 2444), the agency published the other animals. Section 507 of the act combinations. conclusions of that task force and was subsequently amended several proposed to require sponsors to submit B. Removal of § 510.515 times to include streptomycin, specific data for antibacterial drugs chlortetracycline, bacitracin, The purpose of § 510.515, which was intended for subtherapeutic or growth chloramphenicol, and their derivatives. to provide exemption from batch promotion use. The task force identified The law allowed the agency to issue certification of certain drugs intended areas in which data were needed and regulations exempting drugs or classes for use in animal feed, was rendered established criteria for studies intended of drugs from the batch certification obsolete with the enactment of to show whether use of antimicrobials requirements. Over the years, FDA GADPTRA. Because the regulation is in animal feed presents a hazard to issued exemption regulations for a out dated relative to its intended human or animal health. The criteria number of antibiotics used in animal purpose, the agency is proposing to reflected four basic issues with respect feeds, provided the involved products remove it. to which data were needed: (1) The were in compliance with certain This action is not intended to have a potential to increase the frequency of provisions. The exemptions are substantive effect on any approved new bacteria carrying transferable drug currently contained in § 510.515. animal drugs. As noted in section II.A resistance; (2) the potential to increase The Animal Drug Amendments of of this document, some of the drug uses the antibiotic resistance of, or the 1968 consolidated provisions of the act and use combinations currently listed in shedding of, Salmonella spp.; (3) the relating to new animal drugs (including § 510.515 have approvals that are potential to enhance bacterial antibiotics in section 507 of the act) into codified in part 558 subpart B. pathogenicity; and (4) the potential for new section 512 (21 U.S.C. 360b). The Therefore, these uses will not be drug residues to cause an increase in agency established procedural substantively affected by removal of pathogenic bacteria resistant to human regulations under parts 510 and 514 (21 listings in this regulation. Other drug antibiotics drugs or to cause human CFR part 514) to implement this use combinations currently listed in hypersensitivity reactions. The 1972 provision of the act. § 510.515 are also listed in § 558.15, but proposal also stated that all then- Subsequent to the establishment of their approvals, if any, have not been approved subtherapeutic and/or growth the exemption provisions in § 510.515, codified in part 558 subpart B. As promoting uses in animal feeds of the agency came to the conclusion that discussed in section II.B of this antibiotics and sulfonamides that are batch-by-batch certification was no document, and in the notice appearing also used in humans would be revoked longer required under any elsewhere in this issue of the Federal unless data identified by the task force circumstances to assure the safety of Register, the use combinations that have were submitted to FDA. antibiotics. In the Federal Register of been approved will be codified in part In the Federal Register of April 20, September 7, 1982 (47 FR 39155), the 558 subpart B. In regard to the only 1973 (38 FR 9811), the agency published agency published regulations exempting other listed drug (para-aminobenzoic the final rule which established 21 CFR all classes of human and animal use acid), the agency is unaware of any 135.109 Antibiotic and sulfonamide antibiotics from batch certification company that currently holds approval drugs in the feed of animals requirements based upon a finding of for it, or markets it, and believes it is no (redesignated as § 558.15 in 1974). The extremely low rejection rates for the longer used in the practice of veterinary section was subsequently amended on certifiable antibiotics. medicine. If a person wishes to market September 5, 1973, to include the In 1988, Congress removed from the a drug or drug combination being nitrofurans (38 FR 23942). In the act all antibiotic certification provisions removed under this proposal and Federal Register of February 25, 1976 for animal drugs when it enacted the believes that it holds a valid approval (41 FR 8282), the agency withdrew Generic Animal Drug and Patent Term for it that is not already codified in part approvals for those antimicrobial drugs Restoration Act (GADPTRA). 558 subpart B or subject to the final rule not in compliance with the data Subsequently, the agency published a or notice published elsewhere in this submission requirements of § 558.15. final rule on May 26, 1989 (54 FR issue of the Federal Register, the person The same document added paragraphs 22741), which removed all of the should present evidence supporting (g)(1) and (g)(2) to § 558.15. These certifiable antibiotic procedural approval to avoid facing potential paragraphs listed the medicated regulations that then appeared in parts regulatory action in the event of future premixes and drug combinations, 510 and 514. That rule indicated that marketing. respectively, which had submitted the removal of the technical regulations required data for agency review. These concerning specific antibiotic drugs, III. Section 558.15 Antibiotic, are known as the interim marketing such as § 510.515, which contained Nitrofuran, and Sulfonamide Drugs in provisions. information about their conditions of the Feed of Animals use, would be the subject of future B. Approval Status of Products and Use A. History of § 558.15 regulations. Combinations Subject to the Listings in Since that time, FDA has removed In the mid-1960s, FDA became § 558.15 many drug uses and use combinations concerned about the safety to man and The preamble to the final rule that from § 510.515. The agency did this animals of long-term antibiotic use in added the § 558.15 interim marketing when it withdrew approval of products animals, and for several years the provisions stated that all products and subject to the regulation, or when it agency studied the effects of low-level combination uses subject to the listings published approval regulations for feeding of antibiotics to animals. In in the regulation were the subject of them, in part 558, subpart B, after April 1970, the Commissioner of Food approved applications (41 FR 8282 and completing their Drug Efficacy Study and Drugs (Commissioner) established a 8285, February 25, 1976). However, a Implementation (DESI) finalization (see, task force of scientists from government, number of years after this regulation e.g., 61 FR 35949, July 9, 1996). industry, and academia to was issued, it became apparent that the Consequently, a regulation that at one comprehensively review the use of administrative record associated with 15 time contained dozens of batch antibiotics in animal feed. In the products was incomplete, calling into certification exemption provisions now Federal Register of February 1, 1972 (37 question their approval status.

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One cause of this problem relates to antimicrobials in animal feed, with substantial evidence that such products the Animal Drug Amendments of 1968. regard to their microbiological effects on were effective for certain uses. Under Section 108 of this law, any bacteria of human health concern. Subsequently, in the Federal Register product that had been approved before Therefore, the removal of § 558.15 does of October 21, 1977 (42 FR 56254), the 1968 by a new drug application, food not mean that studies will no longer be Director proposed to revoke regulations additive petition, certifiable antibiotic required to assess the consequences of providing for the subtherapeutic use of application, or master file would be the use of antimicrobials in food- tetracyclines in animal feed except for considered to be the subject of an producing animals. those specific conditions of use for approved new animal drug application which there were no safe and effective D. The Antibiotic Resistance Issue After under the new section 512. Because substitutes at that time. Also in the Publication of § 558.15 § 558.15 dealt with antimicrobials used Federal Register of October 21, 1977 (42 in animal feed, the products listed in While, at the time of its publication, FR 56264), the Director issued an NOOH § 558.15 were considered food additives § 558.15 accurately reflected FDA’s on a proposal to withdraw approval of before the 1968 animal drug basis for assessing the safety of NADAs for certain subtherapeutic uses amendments. In addition, a number of subtherapeutic uses of antibiotics in of tetracyclines (chlortetracycline and them contained certifiable antibiotics. feed, based on new information and oxytetracycline) in animal feeds. The approval processes for these considerable experience, over time FDA In 1978, after FDA proposed to products before the 1968 amendments developed a new strategy and concept to withdraw approval of various uses of were complex, redundant, and involved deal with the issue of antimicrobial penicillin and tetracyclines in animal the acceptance of secondary resistance. Accordingly, it is useful to feeds, Congress directed FDA to conduct manufacturers/distributors, sometimes review the history of the antimicrobial further studies related to the use of based on a demonstration of resistance issue from the time § 558.15 antibiotics in animal feed and to hold in equivalence of their products to primary was issued to the present relative to the abeyance implementation of its sponsor products and sometimes not. significance of the removal of § 558.15 proposed withdrawal actions pending Unlike the current new animal drug on FDA’s ability to deal with the issue. the outcome of the studies (see H.R. application process under section 512 of As discussed in section III.A of this Rept. 95–1290 at p. 99 (June 13, 1978)). the act, this was generally not an orderly document, under § 558.15, FDA As directed, FDA spent $1.5 million of process. As a result, the agency’s and received data addressing the its appropriations for a study of the sponsors’ ability to document the pre- subtherapeutic use of antibiotics in safety issues relating to the use of 1968 approvals has been hampered. animal feed. To assist FDA in assessing antibiotics in animal feeds. The study Because their administrative records the data, the Commissioner asked the entitled ‘‘The Effects on Human Health were incomplete, in 1998 the agency agency’s National Advisory Food and of Subtherapeutic Use of Antimicrobials undertook to determine whether any of Drug Committee (NAFDC) to review the in Animal Feeds,’’ conducted by the the 15 products were unapproved and, data and issues involved and to make NAS/NRC, was published in 1980 (Ref. therefore, erroneously listed in § 558.15. recommendations to him on the future 1). It concluded that existing data could In this regard, the agency asked use of subtherapeutic antibiotics in neither prove nor disprove the sponsors to identify the involved animal feeds. postulated hazards to human health product, attach associated labeling, and In 1977, the NAFDC made its findings from subtherapeutic antimicrobial use certify its approval status. Certification known to FDA. The FDA carefully in animal feeds. was forthcoming for 10 of the 15 considered the recommendations made On November 20, 1984, the Natural applications. The agency informed the by the NAFDC. On August 30, 1977 (42 Resources Defense Council, Inc. involved parties by letter that their FR 43770), the Director of the Center for (NRDC), petitioned the Secretary of certifications would be used as part of Veterinary Medicine (Director) proposed Health and Human Services (Secretary) the administrative record of approval to revoke all regulations providing for to immediately suspend approval of the and that it planned to codify these the subtherapeutic use of penicillin subtherapeutic use of penicillin and approvals as soon as possible, very alone and in combination with other tetracyclines in animal feeds (Ref. 2). likely in concert with the removal of drugs in animal feeds. Because the NRDC’s petition requested that the § 558.15. Because the agency was unable National Academy of Sciences National Secretary invoke the imminent hazard to verify that the remaining five Research Council (NAS/NRC) DESI provision of the act (21 U.S.C. products were approved, the agency review concluded that no therapeutic 360b(e)(1)) which authorizes the believes they were erroneously listed in uses of penicillin in animal feed were Secretary to suspend approval of an § 558.15. supported by adequate evidence of application for the use of a new animal effectiveness, he also proposed to drug if an imminent hazard exists to the C. Reasons for Removal of § 558.15 revoke all regulations providing for the health of man or to the animals for The agency is proposing to remove therapeutic use of penicillin in animal which the drug is intended. Soon after § 558.15 because it long ago fulfilled its feed. Also, in the Federal Register of the filing of the petition, there was a stated purpose of requiring sponsors to August 30, 1977 (42 FR 43772), the congressional hearing in December 1984 submit data regarding the Director issued a notice of opportunity before the House of Representatives subtherapeutic use of antibiotics on the for hearing (NOOH) on a proposal to Committee on Science and Technology, market at the time of its publication. withdraw approval of NADAs for all Subcommittee on Investigations and The safety studies required to be penicillin-containing premixes intended Oversight, as well as an informal conducted on the products listed at the for use in animal feeds. The NOOH was hearing before the Commissioner of time the section was issued were issued, under section 512(e) of the act FDA on January 25, 1985. completed long ago. In addition, as (21 U.S.C. 360b(e)), on the grounds that On November 13, 1985, the Secretary discussed in section III.D of this evidence showed that such products denied the NRDC petition on the basis document, the agency has a new have not been shown to be safe, that the that an ‘‘imminent hazard’’ had not been strategy and concept for assessing the applicants failed to establish and demonstrated (Ref. 3). This decision was safety of antimicrobial new animal maintain records and make reports as based on an analysis of the evidence drugs, including subtherapeutic use of required, and that there was a lack of cited by the NRDC as well as scientific

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evidence, information, and opinions human medicine, but also pointed out E. Effect of the Removal of § 558.15 coming out of the January 25, 1985, the extensive use of antibacterials in Based on the previous discussion, the public hearing and other relevant data food production, which was partly removal of § 558.15 will have no effect collected and analyzed by FDA. attributed to the consolidation of farms on FDA’s ability to address the issue of Subsequently, the Commissioner to facilities with large numbers of antimicrobial resistance. Additionally, directed the agency to contract with the confined animals. The report made it the removal of § 558.15 is not intended NAS, Institute of Medicine (IOM), to clear that the antibiotic resistance to have a substantive effect on the conduct a risk assessment of the problem is global and was a precursor products subject to the section’s interim potential risk to human health to involvement by the United Nation’s marketing provisions. Most of the associated with the practice of feeding World Health Organization (WHO). The subtherapeutic levels of penicillin and products or use combinations subject to meetings of the WHO in 1997 and 1998 the tetracyclines to animals for growth the listings have approvals that are led to the development of a number of promotion, feed efficiency, and disease already codified in part 558 subpart B. prevention. recommendations regarding the use of The agency’s actions on the products In 1988, the NAS/IOM reviewed the antimicrobial drugs in food-producing and use combinations whose approval is information concerning the antibiotic animals (Refs. 6 and 7). not already codified in part 558 subpart resistance issue available at the time. An In 1999, FDA issued ‘‘Guidance for B are described elsewhere in this issue expert committee was convened to Industry: Consideration of the Human of the Federal Register. One action determine the human health risks Health Impact of the Microbial Effects of consists of publishing the agency’s associated with the practice of feeding Antimicrobial New Animal Drugs findings of effectiveness for these products and use combinations, under subtherapeutic levels of penicillin and Intended for Use in Food-Producing DESI, and, where relevant, proposing to tetracyclines to animals for growth Animals’’ (#78) (64 FR 70715, Dec. 17, withdraw approval of applications for promotion, feed efficiency, and disease 1999). In this guidance, FDA reaffirmed prevention. In the report entitled indications lacking substantial evidence its statutory authority to evaluate the of effectiveness and providing a notice ‘‘Human Health Risks with the safety of new animal drugs with respect Subtherapeutic Use of Penicillin or of opportunity for hearing. The other to their microbiological effects on action is the codifying of one approval Tetracyclines in Animal Feed’’ the bacteria of human health concern. FDA committee developed a risk-analysis in part 558 subpart B. This action is a asserted that this consideration applies model, using data only on Salmonella final rule since the product is not to all antimicrobial new animal drugs infections that resulted in human death subject to DESI. As noted in section III.B (Ref. 4). The committee found a intended for use in food-producing of this document, the agency believes considerable amount of indirect animals including both therapeutic use that five products subject to the listings evidence implicating both and use at subtherapeutic levels for in § 558.15 were erroneously listed subtherapeutic and therapeutic use of production purposes. Subsequently, the there. Because the regulation could only antimicrobials as a potential human agency released a concept paper, which permit the interim marketing of health hazard. The committee did not has come to be known as the Framework approved products, the removal of find data demonstrating that use of Document, which described a possible § 558.15 will not have a substantive subtherapeutic penicillin or tetracycline approach that the FDA could take in effect on the five unapproved products. directly caused humans to die from regulating antimicrobial new animal Further, the agency is unaware of any salmonellosis. The committee noted that drugs intended for use in food- company that currently markets any of it was not possible to separate the producing animals (Ref. 8). these five products. If a company wishes public health effects of therapeutic and Since the publication of the to market one of these drug products subtherapeutic uses and strongly Framework Document, FDA has held a and believes that it holds a valid recommended further study of the issue. number of public meetings as well as approval for it that is not already subject Based upon the report and other two meetings of its Veterinary Medical to an approval reflected in part 558 relevant information, the agency: (1) Advisory Committee to obtain input on subpart B, the company should present Concluded that the risks were neither the concepts outlined in the Framework evidence supporting approval to avoid proved nor disproved, (2) did not deny Document. Based on this input, FDA facing potential regulatory action in the there was some degree of risk, and (3) drafted a guidance for industry (GFI) to event of future marketing. did not conclude that the continued implement several of the key strategies subtherapeutic use of penicillin and the IV. Environmental Impact tetracycylines in animal feed is safe. and concepts discussed in the The agency has determined under 21 The notices of opportunity for hearing Framework Document. The draft CFR 25.30(h) that this action is of a type published in the Federal Registers of guidance for industry entitled ‘‘Draft that does not individually or August 30 and October 21, 1977, remain Guidance for Industry: Evaluating the cumulatively have a significant effect on pending. Safety of Antimicrobial New Animal the human environment. Therefore, The American Society of Drugs With Regard to Their neither an environmental assessment Microbiology issued a report in 1995 Microbiological Effects on Bacteria of nor an environmental impact statement that cited grave concerns about both Human Health Concern’’ (#152) (67 FR is required. human and animal antibiotic use and 58058, Sept. 13, 2002) outlines a risk the rise in antimicrobial resistance (Ref. analysis process for evaluating the V. Analysis of Economic Impacts 5). The report advocated: A significant safety of antimicrobial new animal FDA has examined the impacts of the increase in resistance monitoring in the drugs. This guidance, subject to public proposed rule under Executive Order United States, more education about the comment, represents the Center for 12866 and the Regulatory Flexibility Act use and risks of antimicrobials, and Veterinary Medicine’s current best (5 U.S.C. 601–612), and the Unfunded more basic research designed to develop thinking on how to assure the safety of Mandates Reform Act of 1995 (Public new antimicrobials and vaccines and antimicrobial new animal drugs Law 104–4). Executive Order 12866 disease prevention measures. The report intended for use in food-producing directs agencies to assess all costs and criticized overuse of antibacterials in animals. benefits of available regulatory

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alternatives and, when regulation is B. Compliance Costs current inflation-adjusted statutory necessary, to select regulatory FDA expects this proposal to result in threshold is about $110 million. approaches that maximize net benefits the loss of marketing ability for five VI. Paperwork Reduction Act of 1995 (including potential economic, combination uses listed in § 558.15 as environmental, public health and safety, described in III.B of this document. In FDA tentatively concludes that this and other advantages; distributive an attempt to certify the approval status, proposed rule contains no collections of impacts; and equity). The agency FDA contacted, or attempted to contact, information. Therefore, clearance by the believes that this proposed rule is the three sponsors of these five drug Office of Management and Budget under consistent with the regulatory combinations. Attempts with one the Paperwork Reduction Act of 1995 is philosophy and principles identified in sponsor indicated that they did not wish not required. the Executive order. In addition, the to certify the transitional approvals, and VII. References proposed rule is not a significant no response was received from the other regulatory action as defined by the sponsors concerning these transitional The following references have been Executive order and so is not subject to approvals. Accordingly, we believe that placed on display in the Division of review under the Executive order. these products were erroneously listed Dockets Management (see ADDRESSES) FDA is proposing to revoke in § 558.15 and that these sponsors no and may be seen by interested persons §§ 510.515 and 558.15 because they are longer market these combination uses as between 9 a.m. and 4 p.m., Monday obsolete. The purpose of § 510.515 was provided for under § 558.15. The through Friday. revocation of § 558.15 is not expected to 1. National Academy of Sciences/National to provide exemption from certification Research Council, ‘‘The Effects on Human and labeling requirements of certain have a substantive effect on any Health of Subtherapeutic Use of drugs used in animal feeds. FDA has approved new animal drugs, or to cause Antimicrobials in Animal Feeds,’’ 1980. discontinued the practice of certifying any approved new animal drug to lose 2. Petition of the Natural Resources antibiotic animal drugs, thereby its marketing ability. Therefore, we do Defense Council, Inc., to Secretary of Health rendering the regulation obsolete not expect any loss of sales to result and Human Services, New York, NY, relative to its intended purpose. The from this provision. We request public November 20, 1984. original purpose of § 558.15, requiring comment on the loss of sales or other 3. Decision of the Secretary Denying Petition, Docket No. 84P–0399, November 13, the submission of the results of studies effects to any products or drug combinations that will lose marketing 1985. on the effects of long-term 4. National Academy of Sciences/Institute administration of then-marketed ability due to this proposed rule. of Medicine, ‘‘Human Health Risks With the antimicrobial drugs in animal feed on C. Regulatory Flexibility Analysis Subtherapeutic Use of Penicillin or the occurrence of multiple drug- Tetracyclines in Animal Feed,’’ 1989. resistant bacteria associated with these The Regulatory Flexibility Act 5. Report of the American Society for animals, is also obsolete as FDA has a requires agencies to analyze regulatory Microbiology Task Force on Antibiotic new strategy and concept for assessing options to minimize any significant Resistance; the American Society for the safety of antimicrobial new animal impact on a substantial number of small Microbiology, Public and Scientific Affairs entities. FDA has determined in section Board; Washington, DC, March 16, 1995. drugs, including subtherapeutic use of 6. World Health Organization (WHO), ‘‘The antimicrobials in animal feed, with V.B of this document that this proposed rule would not impose compliance costs Medical Impact of the Use of Antimicrobials regard to their microbiological effects on in Food Animals,’’ Report of a WHO meeting, bacteria of human health concern. on the sponsors of any products that are WHO/EMC/ZOO/97.4, Berlin, Germany, currently marketed. Further, it is not October 13 to 17, 1997. Almost all of the drug product listings expected to cause any drugs that are contained in §§ 510.515 and/or 558.15 7. WHO, ‘‘Use of Quinolones in Food currently marketed to lose their Animals and Potential Impact on Human are already reflected in approval marketing ability. We therefore certify Health,’’ Report of a WHO meeting, WHO/ regulations published elsewhere in part that the proposed rule would not have EMC/ZDI/98.12, Geneva, Switzerland, June 2 558 subpart B. In two documents a significant economic effect on a to 5, 1998. published in this issue of the Federal substantial number of small entities. No 8. Discussion paper: ‘‘A Proposed Register, the agency is addressing the further analysis is required under the Framework for Evaluating and Assuring the Human Safety of the Microbial Effects of drug product listings whose approvals Regulatory Flexibility Act (as amended). are not currently reflected in the Antimicrobial New Animal Drugs Intended approval regulations in part 558 subpart D. Unfunded Mandates Reform Act for Use in Food-Producing Animals,’’ Center B. for Veterinary Medicine, Food and Drug Section 202(a) of the Unfunded Administration, 1999; Docket 98D–1146 A. Benefits Mandates Reform Act of 1995 (Public (http://www.fda.gov/cvm/antimicrobial/ Law 104–4) requires that agencies arlframework.htm). This proposal is expected to provide prepare a written statement of VIII. Comments clarity and equity in the regulations for anticipated costs and benefits before new animal drugs for use in animal proposing any rule that may result in an Interested persons may submit to the feeds by deleting the obsolete provisions expenditure by State, local, and tribal Division of Dockets Management (see at §§ 510.515 and 558.15. We do not governments, in the aggregate, or by the ADDRESSES) written or electronic expect this proposed rule to result in a private sector, of $100 million or more comments regarding this document. direct human or animal health benefit. in any one year (adjusted annually for Submit a single copy of electronic Rather, this proposal would remove inflation). comments to http://www.fda.gov/ unnecessary regulations that both The Unfunded Mandates Reform Act dockets/ecomments or two paper copies provided exemptions for certifications does not require FDA to prepare a of any written comments, except that that no longer occur, or required the statement of costs and benefits for the individuals may submit one paper copy. submission of safety data for approved proposed rule because the rule is not Comments are to be identified with the subtherapeutic uses of antibiotics, expected to result in any 1-year docket number found in brackets in the nitrofurans and sulfonamides in the expenditure that would exceed $100 heading of this document. Received 1970s. million adjusted for inflation. The comments may be seen in the Division

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of Dockets Management between 9 a.m. ACTION: Notice of proposed rule making. Public Meeting and 4 p.m. Monday through Friday. We do not plan to hold a public SUMMARY: The Coast Guard proposes to List of Subjects meeting. However, you may submit a create regulated navigation areas for request for a meeting by writing to the 21 CFR Part 510 waters in the Charleston Harbor under Coast Guard Marine Safety Office Administrative practice and the Highway 17 bridges and in the Charleston at the address under procedure, Animal drugs, Labeling, Cooper River under the Don Holt I–526 ADDRESSES explaining why a meeting Reporting and recordkeeping bridge. These regulated navigation areas would be beneficial. If we determine requirements. are needed for national security reasons that a public meeting will aid this to help ensure public safety and prevent rulemaking, a meeting will be held at a 21 CFR Part 558 sabotage or terrorist acts aimed at these time and place announced by separate Animal drugs, Animal feeds. bridges that cross the main shipping notice in the Federal Register. Therefore, under the Federal Food, channel and link the city and port of Background and Purpose Drug, and Cosmetic Act and under Charleston with the mainland. Vessels authority delegated to the Commissioner would be prohibited from anchoring, Based on the continuing threat of of Food and Drugs, it is proposed that mooring, or loitering within these areas, terrorism against the United States, and 21 CFR parts 510 and 558 be amended unless specifically authorized by the in light of the September 11, 2001, as follows: Captain of the Port, Charleston, South terrorist attacks on the World Trade Carolina or his designated Center in New York and the Pentagon in PART 510—NEW ANIMAL DRUGS representative. Arlington, Virginia, there is an increased risk that terrorist action that 1. The authority citation for 21 CFR DATES: Comments and related material would adversely affect the Port of part 510 continues to read as follows: must reach the Coast Guard on or before Charleston could be initiated against Authority: 21 U.S.C. 321, 331, 351, 352, October 7, 2003. bridges over the regulated navigation 353, 360b, 371, 379e. ADDRESSES: You may mail comments areas by persons on vessels or otherwise in close proximity to these bridges. If a Subpart F [Removed and Reserved] and related material to Coast Guard Marine Safety Office Charleston, 196 bridge were damaged or destroyed, the 2. Subpart F, consisting of § 510.515, Tradd Street, Charleston, South Carolina Port of Charleston would be isolated is removed and reserved. 29401. Coast Guard Marine Safety Office from access to the sea, crippling the Charleston maintains the public docket local economy and negatively impacting PART 558—NEW ANIMAL DRUGS FOR for this rulemaking. Comments and national security. These regulated USE IN ANIMAL FEEDS material received from the public, as navigation areas would help to protect well as documents indicated in this the safety of life and property on the 3. The authority citation for 21 CFR navigable waters, prevent potential part 558 continues to read as follows: preamble as being available in the docket, will become part of this docket terrorist threats aimed at the bridges Authority: 21 U.S.C. 360b, 371. and will be available for inspection or crossing the main shipping channels in the Port of Charleston, South Carolina, § 558.4 [Amended] copying at Marine Safety Office Charleston, between 7:30 a.m. and 4 and ensure continued unrestricted 4. Section 558.4 Requirement of a p.m., Monday through Friday, except access to the sea from the Port. medicated feed mill license is amended Federal holidays. in paragraph (c) by removing ‘‘and in Discussion of Proposed Rule §§ 510.515 and 558.15 of this chapter’’. FOR FURTHER INFORMATION CONTACT: The proposed rule would establish Lieutenant Kevin D. Floyd, Coast Guard regulated navigation areas for the waters § 558.15 [Removed] Marine Safety Office Charleston, at (843) in the Charleston Harbor under the 5. Section 558.15 Antibiotic, 720–3272. Highway 17 bridges and in the Cooper nitrofuran, and sulfonamide drugs in River under the Don Holt I–526 bridge. SUPPLEMENTARY INFORMATION: the feed of animals is removed. These regulated navigation areas are Dated: August 1, 2003. Request for Comments needed for national security reasons to promote public safety and help to Jeffrey Shuren, We encourage you to participate in Assistant Commissioner for Policy. prevent sabotage or terrorist acts against this rulemaking by submitting bridges in these ports. Vessels would be [FR Doc. 03–20244 Filed 8–5–03; 4:09 pm] comments and related material. If you prohibited from anchoring, mooring, or BILLING CODE 4160–01–S do so, please include your name and loitering within these areas, unless address, identify the docket number for specifically authorized by the Captain of this rulemaking [CGD07–03–127], the Port, Charleston, South Carolina or DEPARTMENT OF HOMELAND indicate the specific section of this his designated representative. SECURITY document to which each comment applies, and give the reason for each Regulatory Evaluation Coast Guard comment. Please submit all comments This proposed rule is not a and related material in an unbound ‘‘significant regulatory action’’ under 33 CFR Part 165 format, no larger than 81⁄2 by 11 inches, section 3(f) of Executive Order 12866, [CGD07–03–127] suitable for copying. If you would like Regulatory Planning and Review, and to know your submission reached us, does not require an assessment of RIN 1625–AA11 please enclose a stamped, self-addressed potential costs and benefits under Regulated Navigation Areas; postcard or envelope. We will consider section 6(a)(3) of that Order. The Office Charleston Harbor, Cooper River, all comments and material received of Management and Budget has not South Carolina during the comment period. We may reviewed it under that Order. It is not change this proposed rule in view of ‘‘significant’’ under the regulatory AGENCY: Coast Guard, DHS. them. policies and procedures of the

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Department of Homeland Security Collection of Information between the Federal Government and (DHS). The Coast Guard expects the This proposed rule would call for no Indian tribes, or on the distribution of economic impact of this proposed rule new collection of information under the power and responsibilities between the to be so minimal that a full Regulatory Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. Evaluation under the regulatory policies U.S.C. 3501–3520). We invite your comments on how this and procedures of DHS is unnecessary, proposed rule might impact tribal because these zones encompass only a Federalism governments, even if that impact may small segment of the waterway, and A rule has implications for federalism not constitute a ‘‘tribal implication’’ vessels are allowed to transit through under Executive Order 13132, under the Order. these zones. This proposed rule would Federalism, if it has a substantial direct Energy Effects simply prohibit vessels from mooring, effect on State or local governments and anchoring, or loitering within these would either preempt State law or We have analyzed this proposed rule zones unless specifically authorized by impose a substantial direct cost of under Executive Order 13211, Actions the Captain of the Port. compliance on them. We have analyzed Concerning Regulations That Significantly Affect Energy Supply, Small Entities this proposed rule under that order and have determined that it does not have Distribution, or Use. We have Under the Regulatory Flexibility Act implications for federalism. determined that it is not a ‘‘significant (5 U.S.C. 601–612), the Coast Guard energy action’’ under that Order because must consider whether this rule would Unfunded Mandates Reform Act it is not a ‘‘significant regulatory action’’ have a significant economic effect on a The Unfunded Mandates Reform Act under Executive Order 12866 and is not substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires likely to have a significant adverse effect The term ‘‘small entities’’ comprises Federal agencies to assess the effects of on the supply, distribution, or use of small businesses, not-for-profit their discretionary regulatory actions. In energy. It has not been designated by the organizations that are independently particular, the Act addresses actions Administrator of the Office of owned and operated and are not that may result in the expenditure by a Information and Regulatory Affairs as a dominant in their fields, and State, local, or tribal government, in the significant energy action. Therefore, it governmental jurisdictions with aggregate, or by the private sector, of does not require a Statement of Energy populations of less than 50,000. $100,000,000 or more in any one year. Effects under Executive Order 13211. Though this proposed rule would not The Coast Guard certifies under 5 Environment U.S.C. 605(b) that this rule would not result in such an expenditure, we do have a significant economic impact on discuss the effects of this rule elsewhere We have analyzed this proposed rule a substantial number of small entities. in this preamble. under Commandant Instruction The proposed rule encompasses very Taking of Private Property M16475.lD, which guides the Coast limited geographic areas encompassed Guard in complying with the National by the regulated navigation areas and This proposed rule would not effect a Environmental Policy Act of 1969 does not restrict the movement or taking of private property or otherwise (NEPA) (42 U.S.C. 4321–4370f), and routine operation of commercial or have taking implications under have concluded that there are no factors recreational vessels through the Port of Executive Order 12630, Governmental in this case that would limit the use of Charleston. Additionally, persons may Actions and Interference with a categorical exclusion under section request permission from the Coast Constitutionally Protected Property 2.B.2 of the Instruction. Therefore, this Guard Captain of the Port of Charleston Rights. rule is categorically excluded, under to deviate from these regulations. Civil Justice Reform figure 2–1, paragraph (34)(g), of the If you think that your business, Instruction, from further environmental This proposed rule meets applicable documentation. A ‘‘Categorical organization, or governmental standards in sections 3(a) and 3(b)(2) of jurisdiction qualifies as a small entity Exclusion Determination’’ is available in Executive Order 12988, Civil Justice the docket where indicated under and that this rule would have a Reform, to minimize litigation, ADDRESSES. significant economic impact on it, eliminate ambiguity, and reduce please submit a comment (see burden. List of Subjects 33 CFR Part 165 ADDRESSES) explaining why you think it qualifies and how and to what degree Protection of Children Harbors, Marine safety, Navigation this rule would affect it economically. We have analyzed this proposed rule (water), Reporting and recordkeeping requirements, Security measures, Assistance for Small Entities under Executive Order 13045, Protection of Children from Waterways. Under section 213(a) of the Small Environmental Health Risks and Safety For the reasons discussed in the Business Regulatory Enforcement Risks. This rule is not an economically preamble, the Coast Guard proposes to Fairness Act of 1996 (Public Law 104– significant rule and would not create an amend 33 CFR part 165 as follows: 121), we want to assist small entities in environmental risk to health or risk to understanding this proposed rule so that safety that might disproportionately PART 165—REGULATED NAVIGATION they can better evaluate its proposed affect children. AREAS AND LIMITED ACCESS AREAS effects on them and participate in the rulemaking. If the proposed rule would Indian Tribal Governments 1. The authority citation for part 165 affect your small business, organization, This proposed rule does not have continues to read as follows: or governmental jurisdiction and you tribal implications under Executive Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. have questions concerning its Order 13175, Consultation and Chapter 701; 50 U.S.C. 191, 195; 33 CFR provisions or options for compliance, Coordination with Indian Tribal 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. please contact Lieutenant Kevin D. Governments, because it would not have 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Floyd, Marine Safety Office Charleston, a substantial direct effect on one or at (843) 720–3272. more Indian tribes, on the relationship 1. Add § 165.715 to read as follows:

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§ 165. 715 Regulated Navigation Areas; ENVIRONMENTAL PROTECTION California Air Resources Board, Stationary Charleston Harbor, Cooper River, S.C. AGENCY Source Division, Rule Evaluation Section, 1001 ‘‘I’’ Street, Sacramento, CA 95814. (a) Location—(1) Highway 17 bridges. 40 CFR Part 52 Yolo-Solano Air Quality Management A regulated navigation area is District, 1947 Galileo Court, Suite 103, Davis, established for the waters around the CA 95616–4882. Highway 17 bridges, to encompass all [CA 259–0368; FRL–7542–2] Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109– waters of the Cooper River within a line Revisions to the California State connecting the following points: 32° 7799. Implementation Plan, Yolo Solano, Bay Mojave Desert Air Quality Management 48.23′N, 079° 55.3′W; 32° 48.1′N, 079° ′ ° ′ ° ′ ° Area, and Mojave Desert Air Quality District, 14306 Park Avenue, Victorville, CA 54.35 W; 32 48.34 N, 079 55.25 W; 32 92392–2310. ′ ° ′ Management Districts and Monterey 48.2 N, 079 54.35 W, then back to the Bay Unified Air Pollution Control Monterey Bay Unified Air Pollution point of origin. District Control District, 24580 Silver Cloud Court, (2) Interstate 526 bridge (Don Holt Monterey, CA 93940–6536. A copy of the rules may also be available bridge). Another fixed regulated AGENCY: Environmental Protection Agency (EPA). via the Internet at http://www.arb.ca.gov/ navigation area is established for the drdb/drdbltxt.htm. Please be advised that waters around the Interstate 526 bridge ACTION: Proposed rule. this is not an EPA website and may not spans (Don Holt bridge) in Charleston contain the same version of the rules that SUMMARY: EPA is proposing a limited Harbor and on the Cooper River were submitted to EPA. approval and limited disapproval of encompassing all waters within a line revisions to the Yolo Solano FOR FURTHER INFORMATION CONTACT: connecting the following points: 32° (YSAQMD), Bay Area (BAAQMD), and Yvonne Fong, EPA Region IX, (415) 53.49′N, 079° 58.05′W; 32° 53.42′N, 079° Mojave Desert (MDAQMD) Air Quality 947–4117. 57.48′W; 32° 53.53′N, 079° 58.05′W; 32° ′ ° ′ Management Districts’ and to the SUPPLEMENTARY INFORMATION: 53.47 N, 079 57.47 W, then back to the Monterey Bay Unified (MBUAPCD) Air Throughout this document, ‘‘we,’’ ‘‘us’’ point of origin. All coordinates Pollution Control District’s portions of and ‘‘our’’ refer to EPA. reference 1983 North American Datum the California State Implementation Table of Contents (NAD 83). Plan (SIP). These revisions concern (b) Regulations. (1) In accordance volatile organic compound (VOC) I. The State’s Submittal A. What rules did the State submit? with the general regulations in § 165.33 emissions from architectural coatings. In B. Are there other versions of these rules? of this part, vessels are allowed to accordance with the Clean Air Act as C. What is the purpose of the submitted transit through these regulated amended in 1990 (CAA or the Act), we rule revisions? navigation areas but are prohibited from are proposing action on local rules that II. EPA’s Evaluation and Action mooring, anchoring, or loitering within regulate these emission sources. We are A. How is EPA evaluating the rules? these zones unless specifically taking comments on this proposal and B. Do the rules meet the evaluation authorized by the Captain of the Port. plan to follow with a final action. Criteria? C. What are the rules’ deficiencies? (2) All vessel operators shall comply DATES: Any comments must arrive by D. EPA recommendations to further with the instructions of the Captain of September 8, 2003. improve the rules the Port or designated on-scene Coast ADDRESSES: Mail comments to Andy E. Proposed action and public comment Guard patrol personnel. On-scene Coast Steckel, Rulemaking Office Chief (AIR– III. Background information Guard patrol personnel include 4), U.S. Environmental Protection A. Why were these rules submitted? commissioned, warrant, and petty Agency, Region IX, 75 Hawthorne IV. Administrative Requirements officers of the Coast Guard. Street, San Francisco, CA 94105–3901. I. The State’s Submittal You can inspect copies of the Dated: July 29, 2003. submitted SIP revisions and EPA’s A. What Rules Did the State Submit? F.M. Rosa, technical support documents (TSDs) at Table 1 lists the rules addressed by Captain, U.S. Coast Guard, Acting our Region IX office during normal this proposal with the dates that they Commander, Seventh Coast Guard District. business hours. You may also see copies were adopted by the local air agencies [FR Doc. 03–20196 Filed 8–7–03; 8:45 am] of the submitted SIP revisions at the and submitted to us by the California BILLING CODE 4910–15–P following locations: Air Resources Board (CARB).

TABLE 1.—SUBMITTED RULES

Local Agency Rule # Rule title Adopted Submitted

YSAQMD ...... 2.14 Architectural Coatings...... 11/14/01 01/22/02 BAAQMD ...... 8–3 Architectural Coatings...... 11/21/01 06/18/02 MDAQMD ...... 1113 Architectural Coatings...... 02/24/03 04/01/03 MBUAPCD ...... 426 Architectural Coatings...... 04/17/02 06/18/02

On February 27 and July 23, 2002 and B. Are There Other Versions of These approved versions of Rule 1113 on June May 13, 2003, these rule submittals Rules? 9, 1982 and January 24, 1985 for various were found to meet the completeness portions of California before those criteria in 40 CFR Part 51 Appendix V, We approved versions of YSAQMD portions were unified as the MDAQMD which must be met before formal EPA Rule 2.14, BAAQMD Rule 8–3, and on July 1, 1993. The YSAQMD, review. MBUAPCD Rule 426 into the SIP on BAAQMD, MDAQMD, and MBUAPCD July 1, 1982, February 18, 1998, and adopted revisions to the SIP-approved March 24, 2000, respectively. We

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versions of these rules on November 14, 2. ‘‘Issues Relating to VOC Regulation explicitly required to be maintained 2001, November 21, 2001, February 24, Cutpoints, Deficiencies, and under the rule from emissions from 2003, and April 17, 2002, respectively. Deviations,’’ EPA, May 25, 1988 (the coatings sold under an averaging CARB submitted the YSAQMD rule Bluebook). program, the enforceability of the rules revision to us on January 22, 2002, the 3. ‘‘Guidance Document for Correcting may be compromised by manufacturers BAAQMD and MBUAPCD rule revisions Common VOC & Other Rule claiming that a certain portion of on June 18, 2002, and the MDAQMD Deficiencies,’’ EPA Region 9, August 21, emissions from coatings sold under the revision on April 1, 2003. The YSAQMD 2001 (the Little Bluebook). sell-through provision should be rule revision submitted on January 22, 4. National Volatile Organic excluded from averaged emissions. One 2002 contained errors and omissions Compound Emission Standards for way to correct this is to clarify that and a correct version of the rule was Architectural Coatings, September 11, manufacturers with an approved forwarded to us on January 21, 2003. 1998 (40 CFR part 59, Subpart D). averaging program cannot also use the 5. ‘‘Suggested Control Measure for sell-through provision. C. What Is the Purpose of the Submitted Architectural Coatings,’’ CARB, June 22, 2. The provisions of the averaging Rule Revisions? 2000. compliance option that require The rule revisions primarily modify 6. ‘‘Improving Air Quality with manufacturers to describe the records the rules for consistency with the Economic Incentive Programs,’’ EPA– being used to calculate emissions are Suggested Control Measure for 452/R–01–001, EPA, January 2001 (the not specific enough to verify Architectural Coatings (SCM). The SCM EIP). compliance with the rules and represent is a model rule developed by CARB B. Do the Rules Meet the Evaluation executive officer discretion. More which seeks to provide statewide Criteria? specificity as to the types of suitable consistency for the regulation of records is needed to verify compliance architectural coatings. The These rules improve the SIP by with the averaging compliance option. recommended VOC content limits and establishing more stringent emission 3. The rules’ language regarding how other provisions of the SCM are the limits and by clarifying labeling and violations of the averaging compliance results of an extensive investigation of reporting provisions. They are largely option shall be determined is architectural coatings which included a consistent with the relevant policy and ambiguous. The language should be statewide survey of architectural guidance regarding enforceability and clarified to specify that ‘‘an exceedance coatings sold in California and several SIP relaxations. Provisions of the rules for each coating that is over the limit technology assessments. CARB adopted which do not meet the evaluation shall constitute a separate violation for the SCM on June 22, 2000. The TSDs criteria are summarized below and each day of the compliance period.’’ have more information about these discussed further in the TSDs. 4. The rules allow manufacturers to rules. C. What Are the Rules’ Deficiencies? average coatings based on statewide or district-specific data which makes II. EPA’s Evaluation and Action These rules were all based on the enforceability more difficult and same model—the SCM—and, as a result, A. How Is EPA Evaluating the Rules? conflicts with other rule provisions contain many of the same rule which imply that averaging will only be Generally, SIP rules must be deficiencies. The deficiencies relate to implemented by CARB and conducted enforceable (see section 110(a) of the the averaging provisions incorporated on a statewide basis. The rules should Act), must require Reasonably Available into these rules. While we believe the clarify whether emissions from Control Technology (RACT) in moderate VOC limits contained in these rules to averaging programs will be calculated to extreme nonattainment areas for VOC be feasible and substantiated by a using statewide or district-specific data. sources covered by a Control Technique significant investigation of architectural 5. The rules grant the Executive Guideline (CTG) and for major sources coatings, the averaging provisions Officer of CARB authority to approve or in nonattainment areas (see section provide a valuable alternative disapprove initial averaging programs, 182(a)(2)(A)), must not relax compliance mechanism for the VOC program renewals, program requirements adopted before the 1990 limits contained in these rules and may modifications, and program CAA amendments in nonattainment reduce the overall economic impact of terminations. This raises jurisdictional areas (section 193), and must not compliance with the VOC limits on issues which could create enforceability interfere with attainment, reasonable manufacturers. We have identified five problems since CARB has not been further progress or other applicable specific problems with these provisions. granted authority by the state requirements of the CAA (section The first four could be addressed Legislature under the California Health 110(1)). The YSAQMD and BAAQMD through relatively minor changes to the and Safety Code to regulate architectural regulate ozone nonattainment areas (see averaging provisions which we have coatings. 40 CFR part 81), however, because these described below. The fifth could also be rules, including MDAQMD and addressed by relatively minor changes D. EPA Recommendations to Further MBUAPCD’s, regulate sources that are or by clarification of the State’s Improve the Rules not covered by a CTG and that are authority. The following provisions The TSDs describe additional rule nonmajor area sources, they are not common to YSAQMD Rule 2.14, revisions that do not affect EPA’s subject to CAA RACT requirements. BAAQMD Rule 8–3, MDAQMD Rule current action but are recommended for Guidance and policy documents that 1113, and MBUAPCD Rule 426 conflict the next time the local agencies modify we used to help evaluate these revised with section 110 of the Act and prevent the rules. rules to ensure enforceability and full approval of the SIP revisions. compliance with other CAA 1. The rules allow for the sell-through E. Proposed Action and Public requirements include the following: of coatings included in approved Comment 1. Portions of the proposed post-1987 averaging programs. Because emissions As authorized in sections 110(k)(3) ozone and carbon monoxide policy that from coatings sold under the sell- and 301(a) of the Act, EPA is proposing concern RACT, 52 FR 45044, November through provision cannot be a limited approval of the submitted 24, 1987. distinguished based on the information rules to improve the SIP. If finalized,

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this action would incorporate the established a National Ambient Air Federal SIP approval does not create submitted rules into the SIP, including Quality Standard (NAAQS) for ozone. any new requirements, I certify that this those provisions identified as deficient. Section 110(a) of the CAA requires action will not have a significant This approval is limited because EPA is states to submit regulations necessary to economic impact on a substantial simultaneously proposing a limited achieve the NAAQS. Table 2 lists some number of small entities. disapproval of the rules under section of the national milestones leading to the Moreover, due to the nature of the 110(k)(3). If this disapproval is submittal of these local agencies’ VOC Federal-State relationship under the finalized, sanctions for the BAAQMD rules. Clean Air Act, preparation of flexibility and YSAQMD will be imposed under analysis would constitute Federal section 179 of the Act unless EPA TABLE 2.—OZONE NONATTAINMENT inquiry into the economic approves subsequent SIP revisions that MILESTONES reasonableness of state action. The correct the rules’ deficiencies within 18 Clean Air Act forbids EPA to base its months. These sanctions would be Date Event actions concerning SIPs on such imposed according to 40 CFR 52.31. A grounds. Union Electric Co., v. U.S. final disapproval would also trigger the March 3, 1978 EPA promulgated a list of EPA, 427 U.S. 246, 255–66 (1976); 42 federal implementation plan (FIP) ozone nonattainment U.S.C. 7410(a)(2). areas under the Clean Air requirement under section 110(c). Act as amended in 1977. D. Unfunded Mandates Reform Act MDAQMD and MBUAPCD do not 43 FR 8964; 40 CFR regulate nonattainment areas, so the Under section 202 of the Unfunded 81.305. Mandates Reform Act of 1995, signed sanction and FIP implications do not May 26, 1988 EPA notified Governors that apply. Note that the submitted rules parts of their SIPs were in- into law on March 22, 1995, EPA must have been adopted by the districts and adequate to attain and prepare a budgetary impact statement to accompany any proposed or final rule EPA’s final limited disapproval would maintain the ozone stand- that includes a Federal mandate that not prevent the local agencies from ard and requested that they correct the defi- may result in estimated costs to State, enforcing them. ciencies (EPA’s SIP-Call). local, or tribal governments in the All of the identified deficiencies are See section 110(a)(2)(H) associated with the averaging programs aggregate, or to the private sector, of of the pre-amended Act. $100 million or more. Under section in these rules which sunset on January November 15, Clean Air Act Amendments 1, 2005. If we finalize this notice as 205, EPA must select the most cost- 1990. of 1990 were enacted. effective and least burdensome proposed, the effective date of our Pub. L. 101– 549, 104 action will be after July 1, 2003 and Stat. 2399, codified at 42 alternative that achieves the objectives would trigger CAA § 179 sanction clocks U.S.C. 7401–7671q. of the rule and is consistent with that expire 18 and 24 months later. statutory requirements. Section 203 However, we believe that sunsetting the IV. Administrative Requirements requires EPA to establish a plan for averaging programs effectively corrects informing and advising any small A. Executive Order 12866, Regulatory governments that may be significantly all the deficiencies associated with Planning and Review averaging, and revisions to these rules is or uniquely impacted by the rule. EPA has determined that the approval not needed to avoid associated The Office of Management and Budget action proposed does not include a sanctions. (OMB) has exempted this regulatory Federal mandate that may result in We will accept comments from the action from Executive Order 12866, estimated costs of $100 million or more public on the proposed limited approval entitled ‘‘Regulatory Planning and to either State, local, or tribal and limited disapproval for the next 30 Review.’’ governments in the aggregate, or to the days. EPA proposed a similar limited B. Paperwork Reduction Act private sector. This Federal action approval and limited disapproval for proposes to approve pre-existing three other California architectural This rule does not impose an requirements under State or local law, coating rules on September 20, 2002 (67 information collection burden under the and imposes no new requirements. FR 59229). While the seven California provisions of the Paperwork Reduction Accordingly, no additional costs to rules are very similar, we divided them Act of 1995 (44 U.S.C. 3501 et seq.). State, local, or tribal governments, or to into two proposed actions for internal C. Regulatory Flexibility Act the private sector, result from this administrative and workload The Regulatory Flexibility Act (RFA) action. management reasons. While we received generally requires an agency to conduct significant negative public comment on a regulatory flexibility analysis of any E. Executive Order 13132, Federalism the September 20, 2002 proposal, we rule subject to notice and comment Executive Order 13132 (64 FR 43255, have not finalized the September 20, rulemaking requirements unless the August 10, 1999) revokes and replaces 2002 proposal and today’s proposal agency certifies that the rule will not Executive Orders 12612 (Federalism) should not be construed as responsive have a significant economic impact on and 12875 (Enhancing the to comments received on the previous a substantial number of small entities. Intergovernmental Partnership). proposal. We intend to act on the seven Small entities include small businesses, Executive Order 13132 requires EPA to rules consistently, so any comments small not-for-profit enterprises, and develop an accountable process to submitted on the September 20, 2002 small governmental jurisdictions. ensure ‘‘meaningful and timely input by proposal will be considered before This rule will not have a significant State and local officials in the finalizing action on today’s proposal. impact on a substantial number of small development of regulatory policies that III. Background Information entities because SIP approvals under have federalism implications.’’ ‘‘Policies section 110 and title I, part D of the that have federalism implications’’ is A. Why Were These Rules Submitted? Clean Air Act do not create any new defined in the Executive Order to VOCs help produce ground-level requirements but simply approve include regulations that have ozone and smog, which harm human requirements that the State is already ‘‘substantial direct effects on the States, health and the environment. EPA has imposing. Therefore, because the on the relationship between the national

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government and the States, or on the (1) Is determined to be ‘‘economically FEDERAL COMMUNICATIONS distribution of power and significant’’ as defined under Executive COMMISSION responsibilities among the various Order 12866, and (2) concerns an levels of government.’’ Under Executive environmental health or safety risk that 47 CFR Part 73 Order 13132, EPA may not issue a EPA has reason to believe may have a [DA 03–2346; MB Docket No. 03–168, RM– regulation that has federalism disproportionate effect on children. If 10747; MB Docket No. 03–169, RM–10748] implications, that imposes substantial the regulatory action meets both criteria, direct compliance costs, and that is not the Agency must evaluate the Radio Broadcasting Services; Crowell, required by statute, unless the Federal environmental health or safety effects of TX and Florien, LA government provides the funds the planned rule on children, and necessary to pay the direct compliance AGENCY: Federal Communications explain why the planned regulation is Commission. costs incurred by State and local preferable to other potentially effective governments, or EPA consults with ACTION: Proposed rule. and reasonably feasible alternatives State and local officials early in the considered by the Agency. SUMMARY: The Audio Division requests process of developing the proposed comment on a petition filed by Charles regulation. EPA also may not issue a This rule is not subject to Executive regulation that has federalism Order 13045 because it does not involve Crawford proposing the allotment of implications and that preempts State decisions intended to mitigate Channel 293C3 at Crowell, Texas, as the law unless the Agency consults with environmental health or safety risks and community’s first local aural State and local officials early in the is not ‘‘economically significant’’ under transmission service. Channel 293C3 can be allotted to Crowell in compliance process of developing the proposed Executive Order 12866. regulation. with the Commission’s minimum This rule will not have substantial H. Executive Order 13211, Actions That distance separation requirements with a direct effects on the States, on the Significantly Affect Energy Supply, site restriction of 10.7 kilometers (6.6 relationship between the national Distribution, or Use miles) west to avoid a short-spacing to government and the States, or on the the application site of Station KBZS, This rule is not subject to Executive distribution of power and Channel 292C2, Wichita, Texas. The responsibilities among the various Order 13211, ‘‘Actions Concerning reference coordinates for Channel 293C3 levels of government, as specified in Regulations That Significantly Affect at Crowell are 34–01–11 North Latitude Executive Order 13132, because it Energy Supply, Distribution, or Use’’ (66 and 99–49–53 West Longitude. The merely approves a state rule FR 28355, May 22, 2001) because it is Audio Division also requests comments implementing a federal standard, and not a significant regulatory action under on a petition filed by Charles Crawford does not alter the relationship or the Executive Order 12866. proposing the allotment of Channel distribution of power and 242A at Florien, Louisiana, as the I. National Technology Transfer and community’s first local aural responsibilities established in the Clean Advancement Act Air Act. Thus, the requirements of transmission service. Channel 242A can section 6 of the Executive Order do not Section 12 of the National Technology be allotted to Florien in compliance apply to this rule. Transfer and Advancement Act with the Commission’s minimum (NTTAA) of 1995 requires Federal distance separation requirements at city F. Executive Order 13175, Coordination reference coordinates. The reference with Indian Tribal Governments agencies to evaluate existing technical standards when developing a new coordinates for Channel 242A at Florien are 31–26–37 North Latitude and 93– Executive Order 13175, entitled regulation. To comply with NTTAA, 27–26 West Longitude. ‘‘Consultation and Coordination with EPA must consider and use ‘‘voluntary Indian Tribal Governments’’ (65 FR DATES consensus standards’’ (VCS) if available : Comments must be filed on or 67249, November 9, 2000), requires EPA and applicable when developing before September 15, 2003, and reply to develop an accountable process to programs and policies unless doing so comments on or before September 30, ensure ‘‘meaningful and timely input by would be inconsistent with applicable 2003. tribal officials in the development of law or otherwise impractical. ADDRESSES: Federal Communications regulatory policies that have tribal The EPA believes that VCS are Commission, 445 Twelfth Street, SW., implications.’’ This proposed rule does Washington, DC 20554. In addition to inapplicable to this action. Today’s not have tribal implications, as specified filing comments with the FCC, action does not require the public to in Executive Order 13175. It will not interested parties should serve the perform activities conducive to the use have substantial direct effects on tribal petitioner, his counsel, or consultant, as of VCS. governments, on the relationship follows: Charles Crawford, 4553 between the Federal government and List of Subjects in 40 CFR Part 52 Bordeaux Avenue, Dallas, Texas 75205. Indian tribes, or on the distribution of FOR FURTHER INFORMATION CONTACT: power and responsibilities between the Environmental protection, Air Federal government and Indian tribes. Rolanda F. Smith, Media Bureau, (202) pollution control, Intergovernmental 418–2180. Thus, Executive Order 13175 does not relations, Ozone, Reporting and apply to this rule. SUPPLEMENTARY INFORMATION: This is a recordkeeping requirements, Volatile synopsis of the Commission’s Notice of EPA specifically solicits additional organic compound. comment on this proposed rule from Proposed Rule Making, MB Docket Nos. tribal officials. Authority: 42 U.S.C. 7401 et seq. 03–168 and 03–169, adopted July 23, Dated: July 29, 2003. 2003, and released July 24, 2003. The H. Executive Order 13045, Protection of full text of this Commission decision is Children from Environmental Health Wayne Nastri, available for inspection and copying Risks and Safety Risks Regional Administrator, Region IX. during regular business hours at the Executive Order 13045 (62 FR 19885, [FR Doc. 03–20306 Filed 8–7–03; 8:45 am] FCC’s Reference Information Center, April 23, 1997), applies to any rule that: BILLING CODE 6560–50–U Portals II, 445 Twelfth Street, SW.,

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Room CY–A257, Washington, DC 20554. SUMMARY: This document requests For the reasons discussed in the The complete text of this decision may comments on a petition for rulemaking preamble, the Federal Communications also be purchased from the filed by Commercial Radio of Harrison Commission proposes to amend 47 CFR Commission’s duplicating contractor, requesting the allotment of Channel part 73 as follows: Qualex International, Portals II, 445 280A at Harrison, Michigan. The 12th Street, SW., Room CY–B402, coordinates for Channel 280A at PART 73—RADIO BROADCAST Washington, DC, 20554, telephone 202– Harrison are 43–53–33 and 84–49–06. SERVICES 863–2893, facsimile 202–863–2898, or There is a site restriction 14.1 1. The authority citation for part 73 via e-mail [email protected]. kilometers (8.7 miles) south of the continues to read as follows: Provisions of the Regulatory community. Since Harrison is located Flexibility Act of 1980 do not apply to within 320 kilometers of the U.S.- Authority: 47 U.S.C. 154, 303, 334 and 336. this proceeding. Canadian border, concurrence of the § 73.202 [Amended] Members of the public should note Canadian Government will be requested that from the time a Notice of Proposed for the allotment of Channel 280A at 2. Section 73.202(b), the Table of FM Rule Making is issued until the matter Harrison. Allotments under Michigan, is amended by adding Channel 280A at Harrison. is no longer subject to Commission DATES: Comments must be filed on or consideration or court review, all ex before September 15, 2003, and reply Federal Communications Commission. parte contacts are prohibited in comments on or before September 30, John A. Karousos, Commission proceedings, such as this 2003. Assistant Chief, Audio Division, Media one, which involve channel allotments. Bureau. ADDRESSES: Secretary, Federal See 47 CFR 1.1204(b) for rules [FR Doc. 03–20210 Filed 8–7–03; 8:45 am] Communications Commission, 445 governing permissible ex parte contact. BILLING CODE 6712–01–P For information regarding proper Twelfth Street, SW., Washington, DC filing procedures for comments, see 47 20554. In addition to filing comments CFR 1.415 and 1.420. with the FCC, interested parties should FEDERAL COMMUNICATIONS serve the petitioner’s counsel as follows: COMMISSION List of Subjects in 47 CFR Part 73 Robert J. Buenzle, Law Offices of Robert Radio, Radio broadcasting. J. Buenzle, 11710 Plaza America Drive, 47 CFR Part 73 For the reasons discussed in the Suite 2000, Reston, Virginia 20190. [DA 03–2431; MB Docket No. 03–175; RM– FOR FURTHER INFORMATION CONTACT: preamble, the Federal Communications 10719] Commission proposes to amend 47 CFR Kathleen Scheuerle, Media Bureau, part 73 as follows: (202) 418–2180. Radio Broadcasting Services; Rising SUPPLEMENTARY INFORMATION: This is a Star, TX PART 73—RADIO BROADCAST synopsis of the Commission’s Notice of SERVICES Proposed Rule Making, MB Docket No. AGENCY: Federal Communications Commission. 1. The authority citation for part 73 03–176, adopted July 23, 2003, and continues to read as follows: released July 25, 2003. The full text of ACTION: Proposed rule. this Commission decision is available Authority: 47 U.S.C. 154, 303, 334 and 336. for inspection and copying during SUMMARY: This document requests comments on a petition for rulemaking § 73.202 [Amended] normal business hours in the FCC’s filed by Charles Crawford requesting the 2. Section 73.202(b), the Table of FM Reference Information Center at Portals II, CY–A257, 445 Twelfth Street, SW., allotment of Channel 290C3 at Rising Allotments under Louisiana, is Star, Texas. The coordinates for Channel amended by adding Florien, Channel Washington, DC. This document may also be purchased from the 290C3 at Rising Star are 32–05–54 and 242A. 98–58–00. 3. Section 73.202(b), the Table of FM Commission’s duplicating contractors, Allotments under Texas, is amended by Qualex International, Portals II, 445 DATES: Comments must be filed on or adding Crowell, Channel 293C3. 12th Street, SW., Room CY–B402, before September 15, 2003, and reply Washington, DC 20554, telephone 202– comments on or before September 30, Federal Communications Commission. 863–2893, or via e-mail 2003. John A. Karousos, [email protected]. ADDRESSES: Secretary, Federal Assistant Chief, Audio Division, Media Provisions of the Regulatory Bureau. Communications Commission, 445 Flexibility Act of 1980 do not apply to Twelfth Street, SW., Washington, DC [FR Doc. 03–20207 Filed 8–7–03; 8:45 am] this proceeding. 20554. In addition to filing comments BILLING CODE 6712–01–P Members of the public should note with the FCC, interested parties should that from the time a Notice of Proposed serve the petitioner as follows: Charles Rule Making is issued until the matter FEDERAL COMMUNICATIONS Crawford, 4553 Bordeaux Avenue, is no longer subject to Commission Dallas, Texas 75205. COMMISSION consideration or court review, all ex FOR FURTHER INFORMATION CONTACT: parte contacts are prohibited in 47 CFR Part 73 Kathleen Scheuerle, Media Bureau, Commission proceedings, such as this (202) 418–2180. [DA 03–2430; MB Docket No. 03–176; RM– one, which involve channel allotments. 10720] See 47 CFR 1.1204(b) for rules SUPPLEMENTARY INFORMATION: This is a governing permissible ex parte contacts. synopsis of the Commission’s Notice of Radio Broadcasting Services; For information regarding proper Proposed Rule Making, MB Docket No. Harrison, MI filing procedures for comments, see 47 03–175, adopted July 23, 2003, and AGENCY: Federal Communications CFR 1.415 and 1.420. released July 25, 2003. The full text of Commission. this Commission decision is available List of Subjects in 47 CFR Part 73 for inspection and copying during ACTION: Proposed rule. Radio, Radio broadcasting. normal business hours in the FCC’s

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Reference Information Center at Portals SUMMARY: This document proposes four Pennsylvania. The coordinates for II, CY–A257, 445 Twelfth Street, SW., allotments to Anacoco, Louisiana; Erie, Channel 240A at Erie are 42–09–54 Washington, DC. This document may Pennsylvania; Greenfield, California; North Latitude and 79–59–24 West also be purchased from the and Quitaque, Texas. The Audio Longitude. Canadian concurrence as a Commission’s duplicating contractors, Division requests comments on a specially-negotiated short-spaced Qualex International, Portals II, 445 petition filed by Charles Crawford allotment has been requested since Erie 12th Street, SW., Room CY–B402, proposing the allotment of Channel is located within 320 kilometers (200 Washington, DC 20554, telephone 202– 276C3 at Anacoco, Louisiana as the miles) of the U.S.-Canadian border, and 863–2893, or via e-mail community’s first local aural the allotment is short-spaced to Station [email protected]. transmission service. Channel 276C3 CFPL–FM, Channel 240C1, London, Provisions of the Regulatory can be allotted to Anacoco in Ontario. Flexibility Act of 1980 do not apply to compliance with the Commission’s this proceeding. minimum distance separation The Audio Division requests Members of the public should note requirements with a site restriction of 13 comments on a petition filed by Charles that from the time a Notice of Proposed kilometers (8.1 miles) northwest to Crawford proposing the allotment of Rule Making is issued until the matter avoid a short-spacing to the licensed site Channel 261C3 at Quitaque, Texas, as is no longer subject to Commission of Station, KAJN–FM, Channel 275C, the community’s first local aural consideration or court review, all ex Crowley, Louisiana. The coordinates for transmission service. Channel 261C3 parte contacts are prohibited in Channel 276C3 at Crowley are 31–19–32 can be allotted to Quitaque in Commission proceedings, such as this North Latitude and 3–26–48 West compliance with the Commission’s one, which involve channel allotments. Longitude. See SUPPLEMENTARY minimum distance separation See 47 CFR § 1.1204(b) for rules INFORMATION, infra. requirements with a site restriction of governing permissible ex parte contacts. DATES: Comments must be filed on or 18.1 kilometers (11.3 miles) north to For information regarding proper before September 15, 2003, and reply avoid short-spacings to the licensed filing procedures for comments, see 47 comments on or before September 30, sites of Station KOMX(FM), Channel CFR 1.415 and 1.420. 2003. 262C2, Pampa, Texas; Station List of Subjects in 47 CFR Part 73 ADDRESSES: Federal Communications KMMX(FM), Channel 262C1, Tahoka, Radio, Radio broadcasting. Commission, Washington, DC 20554. In Texas; and to the proposed allotment addition to filing comments with the For the reasons discussed in the site for Channel 263C3, Estelline, Texas. FCC, interested parties should serve the preamble, the Federal Communications The Audio Division requests petitioner, his counsel, or consultant, as Commission proposes to amend 47 CFR comments on a petition filed by Daniel follows: Charles Crawford, 4553 part 73 as follows: R. Feely proposing the allotment of Bordeaux Avenue, Dallas, Texas 75205, Channel 254A at Greenfield, California, Dana J. Puopolo, 2134 Oak Street, Unit PART 73—RADIO BROADCAST as the community’s third local aural SERVICES C, Santa Monica, California 90405, and Daniel R. Feely, 682 Palisade Street, transmission service. Channel 254A can 1. The authority citation for part 73 Pasadena, California 91103. be allotted to Greenfield in compliance with the Commission’s minimum continues to read as follows: SUPPLEMENTARY INFORMATION: This is a distance separation requirements with Authority: 47 U.S.C. 154, 303, 334 and 336. synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. city reference coordinates. The § 73.202 [Amended] 03–177; MB Docket No. 03–178; MB coordinates for Channel 254A at 2. Section 73.202(b), the Table of FM Docket No. 03–179; and MB Docket No. Greenfield are 36–19–23 North Latitude Allotments under Texas, is amended by 03–180, adopted July 23, 2003, and and 121–14–41 West Longitude. adding Rising Star, Channel 290C3. released July 25, 2003. The full text of Provisions of the Regulatory Federal Communications Commission. this Commission decision is available Flexibility Act of 1980 do not apply to John A. Karousos, for inspection and copying during this proceeding. Assistant Chief, Audio Division, Media normal business hours in the FCC Members of the public should note Bureau. Reference Information Center (Room that from the time a Notice of Proposed [FR Doc. 03–20211 Filed 8–7–03; 8:45 am] CY–A257), 445 12th Street, SW., Rule Making is issued until the matter BILLING CODE 6712–01–P Washington, DC. The complete text of is no longer subject to Commission this decision may also be purchased consideration or court review, all ex from the Commission’s copy contractor, parte contacts are prohibited in FEDERAL COMMUNICATIONS Quatex International, Portals II, 445 Commission proceedings, such as this COMMISSION 12th Street, SW., Room CY–B402, Washington, DC 20554. one, which involve channel allotments. 47 CFR Part 73 The Audio Division requests See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. [DA 03–2429; MB Docket No. 03–177, RM– comments on a petition filed by Dana J. 10749; MB Docket No. 03–178, RM–10750; Puopolo proposing the allotment of For information regarding proper MB Docket No. 03–179, RM–10752; MB Channel 240A at Erie, Pennsylvania as filing procedures for comments, see 47 Docket No. 03–180, RM–10753] the community’s fifth local FM CFR 1.415 and 1.420. transmission service. Channel 240A can Radio Broadcasting Services; be allotted to Erie in compliance with List of Subjects in 47 CFR Part 73 Anacoco, LA; Erie, PA; Greenfield, CA; the Commission’s minimum distance Radio, Radio broadcasting. and Quitaque, TX separation requirements with a site For the reasons discussed in the AGENCY: Federal Communications restriction of 8.8 kilometers (5.5 miles) Commission. northeast to avoid a short-spacing to the preamble, the Federal Communications licensed site of Station WAKZ(FM), Commission proposes to amend 47 CFR ACTION: Proposed rule. Channel 240A, Sharpsville, part 73 as follows:

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PART 73—RADIO BROADCAST filed by Daniel R. Feely proposing the contractor, Qualex International Portals SERVICES allotment of Channel 286C2 at II, 445 12th Street, SW., Room CY–B402, Ehrenberg, Arizona, as the community’s Washington, DC, 20554, telephone 202– 1. The authority citation for part 73 first local aural transmission service. 863–2893, facsimile 202–863–2898, or continues to read as follows: The coordinates for Channel 286C2 at via e-mail [email protected]. Authority: 47 U.S.C. 154, 303, 334 and 336. Ehrenberg, Arizona are 33–48–00 NL Provisions of the Regulatory and 114–19–12 WL. There is a site Flexibility Act of 1980 do not apply to § 73.202 [Amended] restriction 28.8 kilometers (17.9 miles) this proceeding. 2. Section 73.202(b), the Table of FM northeast to avoid short-spacing to the Members of the public should note Allotments under California, is license sites of Station KBUX, Channel that from the time a Notice of Proposed amended by adding Channel 254A at 232A, Quartzsite, Arizona and Mexican Rule Making is issued until the matter Greenfield. Station XHMC–FM, Channel 285B, is no longer subject to Commission 3. Section 73.202(b), the Table of FM Mexicali, BN. Since Ehrenberg is consideration or court review, all ex Allotments under Louisiana, is located within 320 kilometers (199 parte contacts are prohibited in amended by adding Anacoco, Channel miles) of the U.S.-Mexican border, Commission proceedings, such as this 276C3. Mexican concurrence has been one, which involve channel allotments. 4. Section 73.202(b), the Table of FM requested. See 47 CFR 1.1204(b) for rules Allotments under Pennsylvania, is governing permissible ex parte contact. DATES: Comments must be filed on or amended by adding Channel 240A at For information regarding proper Erie. before September 15, 2003, and reply comments on or before September 30, filing procedures for comments, see 47 5. Section 73.202(b), the Table of FM CFR 1.415 and 1.420. Allotments under Texas, is amended by 2003. adding Quitaque, Channel 261C3. ADDRESSES: Federal Communications List of Subjects in 47 CFR Part 73 Federal Communications Commission. Commission, 445 Twelfth Street, SW., Radio, Radio broadcasting. John A. Karousos, Washington, DC 20554. In addition to For the reasons discussed in the Assistant Chief, Audio Divison, Media filing comments with the FCC, preamble, the Federal Communications Bureau. interested parties should serve the Commission proposes to amend 47 CFR [FR Doc. 03–20212 Filed 8–7–03; 8:45 am] petitioner, as follows: Daniel R. Feely, part 73 as follows: BILLING CODE 6712–01–P 682 Palisade Street, Pasadena, California 91103. PART 73—RADIO BROADCAST FOR FURTHER INFORMATION CONTACT: SERVICES FEDERAL COMMUNICATIONS Rolanda F. Smith, Media Bureau, (202) 1. The authority citation for part 73 COMMISSION 418–2180. continues to read as follows: 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Authority: 47 U.S.C. 154, 303, 334 and 336. [DA 03–2432, MB Docket No. 03–174, RM– Proposed Rule Making, MB Docket No. § 73.202 [Amended] 10754] 03–174, adopted July 23, 2003, and 2. Section 73.202(b), the Table of FM released July 25, 2003. The full text of Radio Broadcasting Services; Allotments under Arizona, is amended this Commission decision is available Ehrenberg, Arizona by adding Ehrenberg, Channel 286C2. for inspection and copying during Federal Communications Commission. AGENCY: Federal Communications normal business hours in the Commission. Commission’s Reference Center, 445 John A. Karousos, Assistant Chief, Audio Division, Media ACTION: Proposed rule. Twelfth Street, SW., Washington, DC 20554. The complete text of this Bureau. SUMMARY: This document requests decision may also be purchased from [FR Doc. 03–20213 Filed 8–7–03; 8:45 am] comments on a petition for rule making the Commission’s duplicating BILLING CODE 6712–01–P

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Notices Federal Register Vol. 68, No. 153

Friday, August 8, 2003

This section of the FEDERAL REGISTER Monday through Friday, except Agreements Act of 1979, as amended contains documents other than rules or holidays. To be sure someone is there to (19 U.S.C. 2578), requires the President proposed rules that are applicable to the help you, please call (202) 690–2817 to designate an agency to be responsible public. Notices of hearings and investigations, before coming. for informing the public of the sanitary committee meetings, agency decisions and APHIS documents published in the and phytosanitary (SPS) standard- rulings, delegations of authority, filing of Federal Register, and related petitions and applications and agency setting activities of each international statements of organization and functions are information, including the names of standard-setting organization. The examples of documents appearing in this organizations and individuals who have designated agency must inform the section. commented on APHIS dockets, are public by publishing an annual notice available on the Internet at http:// in the Federal Register that provides the www.aphis.usda.gov/ppd/rad/ following information: (1) The SPS DEPARTMENT OF AGRICULTURE webrepor.html. standards under consideration or FOR FURTHER INFORMATION CONTACT: For planned for consideration by the Animal and Plant Health Inspection general information on the topics international standard-setting Service covered in this notice, contact Mr. John organization; and (2) for each SPS [Docket No. 03–050–1] Greifer, Director, Trade Support Team, standard specified, a description of the International Services, APHIS, room consideration or planned consideration International Sanitary and 1132, South Building, 14th Street and of that standard, a statement of whether Phytosanitary Standard-Setting Independence Avenue SW., the United States is participating or Activities Washington, DC 20250; (202) 720–7677. plans to participate in the consideration For specific information regarding of that standard, the agenda for U.S. AGENCY: Animal and Plant Health participation, if any, and the agency Inspection Service, USDA. standard-setting activities of the Office International des Epizooties, contact Dr. responsible for representing the United ACTION: Notice and request for Michael David, Chief, Sanitary States with respect to that standard. comments. International Standards Team, VS, • ‘‘International standard’’ is defined SUMMARY: In accordance with legislation APHIS, 4700 River Road Unit 33, in 19 U.S.C. 2578b as any standard, implementing the results of the Uruguay Riverdale, MD 20737–1231; (301) 734– guideline, or recommendation: (1) Round of negotiations under the General 8093. For specific information regarding Adopted by the Codex Alimentarius Agreement on Tariffs and Trade, we are the standard-setting activities of the Commission (Codex) regarding food informing the public of international International Plant Protection safety; (2) developed under the auspices standard-setting activities of the Office Convention or the North American Plant of the Office International des International des Epizooties, the Protection Organization, contact Mr. Epizooties (OIE) regarding animal health Secretariat of the International Plant Narcy Klag, Program Director, and zoonoses; (3) developed under the Protection Convention, and the North Phytosanitary Issues Management, PPQ, auspices of the Secretariat of the American Plant Protection Organization, APHIS, 4700 River Road Unit 60, International Plant Protection and we are soliciting public comment Riverdale, MD 20737–1236; (301) 734– Convention (IPPC) in cooperation with on the standards to be considered. 8469, e-mail: the North American Plant Protection ADDRESSES: You may submit comments [email protected]. Organization (NAPPO) regarding plant by postal mail/commercial delivery or SUPPLEMENTARY INFORMATION health; or (4) established by or by e-mail. If you use postal mail/ developed under any other international Background commercial delivery, please send four organization agreed to by the member copies of your comment (an original and The World Trade Organization (WTO) countries of the North American Free three copies) to: Docket No. 03–050–1, was established as the common Trade Agreement (NAFTA) or the Regulatory Analysis and Development, international institutional framework for member countries of the WTO. PPD, APHIS, Station 3C71, 4700 River governing trade relations among its The President, pursuant to Road Unit 118, Riverdale, MD 20737– members in matters related to the Proclamation No. 6780 of March 23, 1238. Please state that your comment Uruguay Round Agreements. The WTO 1995 (60 FR 15845), designated the refers to Docket No. 03–050–1. If you is the successor organization to the Secretary of Agriculture as the official use e-mail, address your comment to General Agreement on Tariffs and responsible for informing the public of [email protected]. Your Trade. U.S. membership in the WTO the SPS standard-setting activities of comment must be contained in the body was approved by Congress when it Codex, OIE, IPPC, and NAPPO. The of your message; do not send attached enacted the Uruguay Round Agreements United States Department of files. Please include your name and Act (Pub. L. 103–465), which was Agriculture’s (USDA’s) Food Safety and address in your message and ‘‘Docket signed into law by the President on Inspection Service (FSIS) informs the No. 03–050–1’’ on the subject line. December 8, 1994. The WTO public of Codex standard-setting You may read any comments that we Agreements, which established the activities and USDA’s Animal and Plant receive on this docket in our reading WTO, entered into force with respect to Health Inspection Service (APHIS) room. The reading room is located in the United States on January 1, 1995. informs the public of OIE, IPPC, and room 1141 of the USDA South Building, The Uruguay Round Agreements Act NAPPO standard-setting activities. 14th Street and Independence Avenue amended title IV of the Trade FSIS publishes an annual notice in SW., Washington, DC. Normal reading Agreements Act of 1979 (19 U.S.C. 2531 the Federal Register to inform the room hours are 8 a.m. to 4:30 p.m., et seq.). Section 491 of the Trade public of SPS standard-setting activities

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for Codex. Codex was created in 1962 by contagious diseases in animals by OIE Code Chapters Up for Adoption two United Nations organizations, the sharing scientific research among its Existing Code chapters that may be Food and Agriculture Organization members. The major functions of the revised and new chapters that may be (FAO) and the World Health OIE are to collect and disseminate drafted in preparation for the next Organization. It is the major information on the distribution and General Session in 2004 include the international organization for occurrence of animal diseases and to following: encouraging international trade in food ensure that science-based standards and protecting the health and economic govern international trade in animals 1. Avian Influenza interests of consumers. and animal products. The OIE aims to This chapter was recently redrafted to APHIS is responsible for publishing achieve this through the development include the H5 and H7 low pathogenic an annual notice of OIE, IPPC, and and revision of international standards strains. Although many countries NAPPO activities related to for diagnostic tests, vaccines, and the supported the chapter, significant international standards for plant and safe international trade of animals and changes still need to be made before the animal health and representing the animal products. new chapter can be adopted. United States with respect to these The OIE provides annual reports on standards. the global distribution of animal 2. Bluetongue Following are descriptions of the OIE, diseases, recognizes the free status of This is a vector-borne disease that IPPC, and NAPPO organizations and the member countries for certain diseases, primarily affects sheep. Draft standard-setting agenda for each of these categorizes animal diseases with respect surveillance guidelines for bluetongue organizations. We have described the to their international significance, will be drafted by an ad hoc group and agenda that each of these organizations publishes bulletins on global disease presented to the delegates for comment. will address at their annual general status, and provides animal disease 3. Maedi-visna sessions, including standards that may control guidelines to member countries. be presented for adoption or Various OIE commissions and This is a disease of sheep and goats. consideration, as well as other working groups undertake the This would represent a new OIE Code initiatives that may be underway at the development and preparation of draft chapter. The chapter will provide OIE, IPPC, and NAPPO. standards, which are then circulated to recommendations for the trade of sheep The agendas for these meetings are and goats and their products as it subject to change, and the draft member countries for consultation (review and comment). Draft standards pertains to Maedi-visna. A draft chapter standards identified in this notice may may be presented for comment. not be sufficiently developed and ready are revised accordingly and then for adoption as indicated. Also, while it presented to the OIE General Session, 4. Diseases of Bees is the intent of the United States to which meets annually every May, for review and adoption. Adoption, as a An ad hoc group was convened in support adoption of international June 2003 to address the many standards and to participate actively general rule, is based on consensus of the OIE membership. comments and to draft a revised chapter and fully in their development, it to be submitted for adoption in 2004. should be recognized that the U.S. The next OIE General Session is position on a specific draft standard will scheduled for May 23–28, 2004, in 5. Bovine Spongiform Encephalopathy depend on the acceptability of the final Paris, France. The Deputy Administrator (BSE) draft. Given the dynamic and interactive for APHIS’ Veterinary Services is the This chapter is continuously being nature of the standard-setting process, official U.S. delegate to the OIE. The updated as new and additional we encourage any persons who are Deputy Administrator intends to information becomes available. For the interested in the most current details participate in the proceedings and will next General Session, the International about a specific draft standard or the discuss or comment on APHIS’ position Committee agreed to open up the U.S. position on a particular standard- on any standard up for adoption. chapter for review with the intent of setting issue, or in providing comments Information about current and past OIE considering changing the categories on a specific standard that may be under draft Code chapters may be found on the under which countries are placed with development, to contact APHIS. Contact Internet at http://www.aphis.usda.gov/ respect to BSE. information is provided at the beginning vs/ncie/oie/ or by contacting Dr. of this notice under FOR FURTHER Michael David (see FOR FURTHER 6. Animal Welfare INFORMATION CONTACT. INFORMATION CONTACT above). At least two ad hoc groups will be convened before the end of 2003 to draft OIE Standard-Setting Activities Code Commission Name Changes chapters establishing international The OIE was established in Paris, The name of the International Animal standards for the transportation of France, in 1924 with the signing of an Health Code Commission has been livestock. international agreement by 28 countries. changed to the Terrestrial Animal It is currently composed of 164 member Health Standards Commission. Code Commission Future Work nations, each of which is represented by However, it will continue to be referred Program a delegate who, in most cases, is the to as the ‘‘Code Commission.’’ During the next few years, the OIE chief veterinary officer of that country. The name of the Fish Diseases Code Commission is expected to The WTO has recognized the OIE as the Commission has been changed to the address the following issues or establish international forum for setting animal Aquatic Animal Health Standards ad hoc groups of experts to update and/ health standards, reporting global Commission, and will be referred to as or develop standards for the following animal disease events, and presenting the Aquatic Animals Commission. The issues: guidelines and recommendations on Aquatic Animals Commission will sanitary measures relating to animal continue to develop and revise chapters 1. BSE in Small Ruminants health. that address issues such as the health This would be a new OIE Code The OIE facilitates intergovernmental certification, diagnosis and surveillance chapter intended to provide guidance cooperation to prevent the spread of of animal species. for export certification of sheep and

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goats and their products. The United 1. Emerging and reemerging viral representation on FAO’s highest States will consider its position on this diseases and ways to predict, prevent, governing body, the FAO Conference. new standard after it reviews a draft. and control outbreaks (with particular The United States became a reference to hemorrhagic fevers, avian 2. Animal Welfare contracting party to the IPPC in 1972 influenza, and rabies). and has been actively involved in Various chapters on animal welfare, 2. Animal identification and furthering the work of the IPPC ever including transportation, humane traceability. since. The IPPC was amended in 1979, The information in this notice slaughter, and housing, will be drafted and the amended version entered into includes all the information available to by ad hoc groups and presented to the force in 1991 after two-thirds of the International Committee for comment. us on OIE standards currently under development or consideration. contracting countries accepted the The Process Information on OIE standards is amendment. More recently, in 1997, contracting parties completed These chapters are drafted (or revised) available on the Internet at http:// www.oie.int. Further, a formal agenda negotiations on further amendments by either the Commission or by ad hoc that were approved by the FAO groups composed of technical experts for the next General Session will be available to member countries in Conference and submitted to the parties nominated by the Director General of for acceptance. This 1997 amendment the OIE by virtue of their subject-area February 2004, and copies will be available to the public once the agenda updated phytosanitary concepts and expertise. Once a new chapter is drafted formalized the standard-setting or an existing one revised, the chapter is published. For the most current information on meeting times, working structure within the IPPC. The 1997 is distributed to member countries for amended version of the IPPC will enter review and comment. The OIE attempts groups, and/or meeting agendas, including information on official U.S. into force once two-thirds of the current to provide proposed chapters by early contracting parties notify the Director September to allow member countries participation in OIE activities, and U.S. positions on standards being General of FAO of their acceptance of sufficient time for comment. Comments the amendment. At this date, 44 of the are due by mid-November of the same considered, contact Dr. Michael David (see FOR FURTHER INFORMATION CONTACT required 80 member countries have year. The draft standard is revised by deposited their official letters of the OIE Code Commission on the basis above). Those wishing to provide comments on any areas of work under acceptance. The U.S. Senate gave its of relevant scientific comments received advice and consent to acceptance of the from member countries. the OIE may do so at any time by responding to this notice (see newly revised IPPC on October 18, The United States (i.e., USDA/APHIS) ADDRESSES above) or by providing 2000. The President submitted the intends to review and, where comments through Dr. Michael David. official letter of acceptance to the FAO appropriate, comment on all draft Director General on October 4, 2001. chapters and revisions once it receives IPPC Standard-Setting Activities The IPPC has been, and continues to them from the OIE. USDA/APHIS The IPPC is a multilateral convention be, administered at the national level by intends to distribute these drafts to the adopted in 1952 for the purpose of plant quarantine officials whose U.S. livestock and aquaculture securing common and effective action to primary objective is to safeguard plant industries, veterinary experts in various prevent the spread and introduction of resources from injurious pests. In the U.S. academic institutions, and other pests of plants and plant products and United States, the national plant interested persons for review and to promote appropriate measures for protection organization is APHIS’ Plant comment. Additional information their control. Under the IPPC, the Protection and Quarantine (PPQ) regarding these draft standards may be understanding of plant protection has program. The steps for developing a obtained by contacting Dr. Michael been, and continues to be, broad, standard under the revised IPPC are David (see FOR FURTHER INFORMATION encompassing the protection of both described below. CONTACT above). cultivated and noncultivated plants Generally, if a country has concerns from direct or indirect injury by plant Step 1 with a particular draft standard, and pests. Activities addressed by the IPPC supports those concerns with sound include the development and Proposals for a new international technical information, the pertinent OIE establishment of international plant standard for phytosanitary measures Code Commission will revise that health standards, the harmonization of (ISPM) or for the review or revision of standard accordingly and present the phytosanitary activities through an existing ISPM are submitted to the revised draft for adoption at the General emerging standards, the facilitation of Secretariat of the IPPC in the form of a Session in May. In the event that a the exchange of official and scientific discussion paper accompanied by a country’s concerns regarding a draft information among countries, and the topic or draft standard. Drafts can be standard are not taken into account, that furnishing of technical assistance to submitted by individual countries, but country may refuse to support the developing countries that are signatories are more commonly submitted by standard when it comes up for adoption to the IPPC. regional plant protection organizations at the General Session. However, each The IPPC is placed under the (RPPOs). Alternately, the Secretariat can member country is obligated to review, authority of the FAO, and the members propose a new standard or amendments comment, and make decisions regarding of the Secretariat of the IPPC are to existing standards. the adoption of standards strictly on appointed by the FAO. The IPPC is Step 2 their scientific merits. implemented by national plant protection organizations in cooperation A summary of proposals is submitted Other OIE Topics with regional plant protection by the Secretariat to the ICPM. The Every year at the General Session, two organizations, the Interim Commission ICPM identifies the topics and priorities technical items are presented. For the on Phytosanitary Measures (ICPM), and for standard setting from among the May 2004 General Session, the the Secretariat of the IPPC. The United proposals submitted to the Secretariat following technical items will be States plays a major role in all standard- and others that may be raised by the presented: setting activities under the IPPC and has ICPM.

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Step 3 Technical experts from the United 1. Pest Risk Analysis for Regulated Non- Specifications for the standards States have participated directly in Quarantine Pests identified as priorities by the ICPM are working groups and indirectly as Certain pests that are not quarantine drafted by the Secretariat. The draft reviewers of all IPPC draft standards. In pests may be subject to phytosanitary specifications are submitted to the addition, documents and positions regulations and procedures because Standards Committee for approval/ developed by APHIS and NAPPO have their presence above a specific level amendment and are subsequently made been sources of significant input for results in economically unacceptable available to members and RPPOs for many of the standards adopted to date. impacts associated with the intended comment (60 days). Comments are This notice describes each of the IPPC use of the plants. Such pests are referred submitted in writing to the Secretariat. standards currently under consideration to as regulated non-quarantine pests Taking into account the comments, the or up for adoption. The full text of each (RNQP). Under the IPPC, phytosanitary Standards Committee finalizes the standard will be available on the APHIS regulations and procedures covering specifications. Internet at http://www.aphis.usda.gov/ RNQP should be technically justified. ppq/pim/standards/. Interested Step 4 The classification of a pest as an RNQP individuals may review the standards and any restrictions placed on the The standard is drafted or revised in posted on this Web site and submit importation of the plant species with accordance with the specifications by a comments via the Web site. which it is associated must be justified working group designated by the The next ICPM meeting is scheduled by pest risk analysis. This standard will Standards Committee. The resulting for March 29–April 2, 2004, at FAO provide guidance for (1) Conducting an draft standard is submitted to the Headquarters in Rome, Italy. The appropriate pest risk assessment Standards Committee for review. Deputy Administrator for APHIS’ PPQ necessary to demonstrate that a programs is the U.S. delegate to the Step 5 particular plant for planting is a ICPM. The Deputy Administrator pathway that may result in an Draft standards approved by the intends to participate in the proceedings economically unacceptable impact and Standards Committee are distributed to and will discuss or comment on APHIS’ (2) subsequent risk management members by the Secretariat and RPPOs position on any standard up for decisions. This draft standard was for consultation (120 days). Comments adoption. The provisional agenda for posted on APHIS’ Web site on June 20, are submitted in writing to the the meeting is as follows: 2003, with comments due by September Secretariat. Where appropriate, the 15, 2003. Subsequently, this draft will Standards Committee may establish Provisional Agenda for the Fifth be prepared for ICPM approval at its 6th open-ended discussion groups as Interim Commission on Phytosanitary session in April 2004. The United States forums for further comment. The Measures (i.e., USDA/APHIS) intends to support Secretariat summarizes the comments 1. Opening of the session. adoption of this draft standard. and submits them to the Standards 2. Adoption of the agenda. Committee. 3. Report by the chairperson. 2. Pest Risk Analysis for Living Modified 4. Report by the Secretariat. Organisms (LMOs) Step 6 5. Adoption of international standards Taking into account the comments, (see section below entitled ‘‘IPPC At the third session of the ICPM in the Secretariat, in cooperation with the Standards Up for Adoption in 2004’’ for April 2001, members agreed that Standards Committee, revises the draft details). phytosanitary risks that may be standard. The Standards Committee 6. Items arising from the Fourth associated with an LMO, or any submits the final version to the ICPM for Session of the ICPM (see section below organism with novel traits, fall within adoption. entitled ‘‘New Standard Setting the scope of the IPPC and should be Initiatives’’ for details). considered using pest risk analysis to Step 7 7. Work program for harmonization. facilitate decisions regarding pest risk The ISPM is established through 8. Status of the 1997 revised IPPC. management. Accordingly, members formal adoption by the ICPM according 9. Other business. subsequently agreed on the need to to Rule X of the Rules of Procedure of 10. Date and venue of the next develop an IPPC standard that provides the ICPM. meeting. guidance to National Plant Protection 11. Adoption of the report. Organizations (NPPOs) on the Step 8 assessment of LMOs regarding pest risk. IPPC Standards Up for Adoption in Review of the ISPM is completed by This draft standard, which provides 2004 the specified date or such other date as guidance on the conduct of pest risk may be agreed upon by the ICPM. It is expected that the following analysis for LMOs was posted on Each member country is represented standards will be sufficiently developed APHIS’ Web site on June 20, 2003, with on the ICPM by a single delegate. to be considered by the ICPM for comments due by September 15, 2003. Although experts and advisers may adoption at its April 2004 meeting. The Subsequently, this draft will be accompany the delegate to meetings of United States, represented by APHIS’ prepared for ICPM approval at its 6th the ICPM, only the delegate (or an Deputy Administrator for PPQ, will session in April 2004. The United States authorized alternate) may represent participate in the consideration of these (i.e., USDA/APHIS) intends to support each member country in considering a standards. The U.S. position on each of adoption of this draft standard. standard up for approval. Parties these issues will be developed prior to involved in a vote by the ICPM are to the ICPM session and will be based on 3. Guidelines for an Import Regulatory make every effort to reach agreement on APHIS’ analysis, information from other System all matters by consensus. Only after all U.S. Government agencies, and relevant The primary objective of an import efforts to reach a consensus have been scientific information from interested regulatory system is to prevent the entry exhausted may a decision on a standard stakeholders. The standards that are of regulated pests with imported be passed by a vote of two-thirds of most likely to be considered for commodities. In operating an import delegates present and voting. adoption include: regulatory system, the NPPO has

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functions that include administration, identifies approaches that are most plant products, and other regulated regulatory development, pest risk useful for phytosanitary purposes; and articles for purposes of determining analysis and pest listing, compliance outlines the sequence of steps that phytosanitary actions for individual checks, action taken on non- would be involved in evaluating consignments. Many of the same compliance, emergency action, equivalence, including the information principles and procedures apply to authorization of personnel, and other that may be required to be exchanged systems that rely upon closely related such functions described in the during this process. activities such as testing as the means Convention. This standard describes the for detecting pests and determining 3. Low pest prevalence structure and operation of a phytosanitary measures. phytosanitary import regulatory system This standard is likely to provide and the rights, obligations, and guidance for establishing, maintaining, 7. Update ISPM No. 1 (Principles of responsibilities that should be and verifying areas of low pest Plant Quarantine) considered in establishing, operating, prevalence (i.e., ‘‘An area, whether all of This reference standard describes the and revising such a system. This draft a country, part of a country, or all or general rule and specific principles of standard was posted on APHIS’ Web parts of several countries, as identified plant quarantine as related to site on June 20, 2003, with comments by the competent authorities, in which international trade. A number of due by September 15, 2003. a specific pest occurs at low levels and principles and terms contained in the Subsequently, this draft will be which is subject to effective current edition (adopted in 1993) need prepared for ICPM approval at its 6th surveillance, control, or eradication to be updated and aligned with the session in April 2004. The United States measures * * *’’ (IPPC, 1997). Benefits WTO SPS Agreement, 1997 revised (i.e., USDA/APHIS) intends to support of establishing and recognizing a low Convention, and recently adopted IPPC adoption of this draft standard. pest area may include reduced use of standards. non-toxic control measures in the field New Standard-Setting Initiatives, For more detailed information on the (e.g., sterile insect technique); market Including Those in Development above topics, which will be addressed access for areas that were previously by various working groups established A number of expert working group excluded; and less restrictive movement by the ICPM, contact Mr. Narcy Klag meetings or other technical control. The standard is likely to (see FOR FURTHER INFORMATION CONTACT consultations will take place during describe measures for maintaining above). 2003 and 2004 on the topics listed specified pest populations at low levels, APHIS posts draft standards on the below. These standard-setting initiatives monitoring the pest, quarantine Internet (http://www.aphis.usda.gov/ are not expected to be completed prior operations, and emergency planning ppq/pim/standards/) as they become to April 2004 and, therefore, will not be and response. It would describe the role available and provides information on ready for adoption at the 2004 ICPM of the NPPO to ensure compliance with when comments on standards are due. session. Nonetheless, APHIS intends to this standard. Additional information on IPPC participate actively and fully in each of standards is available on the FAO’s Web these working groups. The U.S. position 4. Revision of ISPM No. 2 (Guidelines of site at http://www.ippc.int/IPP/En/ on each of the topics to be addressed by Pest Risk Analysis, General Standards) default.htm. For the most current these various working groups will be This standard was adopted in 1995 information on official U.S. developed prior to these working group and is considered a foundation standard participation in IPPC activities, meetings and will be based on APHIS’ describing the basic framework for including U.S. positions on standards technical analysis, information from conducting a pest risk analysis. Since being considered, contact Mr. Narcy other U.S. Government agencies, and then, new standards have been adopted Klag (see FOR FURTHER INFORMATION relevant scientific information from such as specific standards on pest risk CONTACT above). Those wishing to interested stakeholders. analysis for quarantine pests versus pest provide comments on any of the areas risk analysis requirements for regulated 1. Efficacy of Phytosanitary Measures of work being undertaken by the IPPC non-quarantine pests. As a result, ICPM may do so at any time by responding to This standard will provide guidance members agreed on the need to review, this notice (see ADDRESSES above) or by for evaluating the efficacy of update, and make consistent the original providing comments through Mr. Klag. phytosanitary measures. This will be concept standard with these more significant guidance as the IPPC begins contemporary standards. NAPPO Standard-Setting Activities to develop recommendations on acceptable phytosanitary measures for 5. Guidelines for Surveillance for NAPPO, a regional plant protection managing specific pests. A range of Specific Pests (Citrus Canker) organization created in 1976 under the supplemental and specific standards This standard provides guidelines to IPPC, coordinates the efforts among could follow (e.g., hot water treatment plant health officials for obtaining Canada, the United States, and Mexico for fruit flies). Work on this standard information on pests of concern in to protect their plant resources from the will continue through 2004 with the specific sites in an area over a defined entry, establishment, and spread of goal of having the standard ready for period of time through specific surveys. harmful plant pests, while facilitating ICPM approval in 2005. The collected information may be used intra- and inter-regional trade. to determine the presence or NAPPO conducts its business through 2. Equivalence distribution of pests in an area, or on a panels and annual meetings held among This standard will provide guidance host or commodity. the three member countries. The to NPPOs for evaluating and making NAPPO Executive Committee charges judgments of equivalence in the 6. Inspection Methodology individual panels with the phytosanitary arena. The expert working This standard addresses pest responsibility for drawing up proposals group is expected to develop a standard detection aspects of post-harvest for NAPPO positions, policies, and that describes the fundamental compliance procedures based on standards. These panels are made up of principles and concepts involved in inspection when used for the representatives from each member making an equivalence determination; importation or exportation of plants, country who have scientific expertise

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related to the policy or standard being 1. Accreditation Panel (Inspector standard to include other significant considered. Accreditation) pests such as nematodes and insects. Proposals drawn up by the individual This panel will work towards 9. In Transit Panel panels are circulated for review to facilitating the proper implementation The panel will begin development of government and industry officials in of the standard ‘‘Accreditation of a NAPPO standard that outlines the Canada, Mexico, and the United States, Individuals to Sign Federal phytosanitary procedures to be followed who may suggest revisions. In the Phytosanitary Certificates.’’ A review of for regulated articles that pass through United States, draft standards are the U.S. system was conducted in June a ‘‘third’’ country on their way to the circulated to industry, States, and 2001, and a review of the Canadian destination country. various Government agencies for system was conducted in early 2002. A consideration and comment. The draft review of Mexico’s system was 10. Pest Risk Analysis Panel standards are posted on the Internet at conducted in June 2003. A written This panel will coordinate NAPPO http://www.aphis.usda.gov/ppq/pim/ report was to be provided to the input on the development of the IPPC standards/; interested persons may Executive Committee at its meeting in standard entitled ‘‘Pest Risk Analysis for submit comments via that Web site. July 2003. Regulated Non-Quarantine Pests.’’ Once revisions are made, the proposal is sent to the NAPPO working group and 2. Biological Control Panel 11. Phytosanitary Alert System the NAPPO standards panel for This panel will work on developing a This panel will finalize the NAPPO technical reviews and then to the standard for biological control facilities. standard on pest reporting. The Executive Committee for final approval, 3. Biotechnology Panel standard should be approved by the which is granted by consensus. Executive Committee this year. The annual NAPPO meeting is This panel will continue to develop a 12. Potato Panel scheduled for October 20–24, 2003, in NAPPO standard for the review of New Orleans, LA. The NAPPO products of biotechnology that focuses This panel will review and revise the Executive Committee meeting will take on the assessment of the potential to NAPPO Potato Standard pest list and place on October 19, 2003, and a special present a plant pest risk. Modules on finalize a revised standard for NAPPO session will be held on October 20, the importation into contained facilities Executive Committee approval. and confined release into the 2003, to solicit comment from industry 13. Standards Panel groups so that suggestions can be environment have been completed. It is incorporated into the NAPPO work plan anticipated that the module dealing This panel is responsible for the for the 2004 NAPPO year. The Deputy with unconfined release into the following: Providing updates on Administrator for APHIS’ PPQ programs environment will be completed in 2003. standards for the NAPPO newsletter; is a member of the NAPPO Executive A draft for the final module, importation coordinating the review of new and Committee. The Deputy Administrator for uses other than propagation, will amended NAPPO standards and intends to participate in the proceedings also be developed. ensuring that comments received during the country consultation phase are and will discuss or comment on APHIS’ 4. Citrus Panel position on any standard up for incorporated as appropriate; organizing adoption or any proposals to develop The panel will continue to work on conference calls and preparing NAPPO new standards. the standard for the entry of citrus discussion documents for possible use propagative material into NAPPO at the IPPC; and promoting The work plan for 2003 was member countries and will include implementation of recently adopted established after the October 2002 consideration of mites and insects. IPPC standards. The panel will finalize Annual Meeting in Oaxaca, Mexico. The a NAPPO standard for implementing the Deputy Administrator for PPQ 5. Forestry Panel recently adopted IPPC standard participated in establishing this NAPPO The panel will work on trying to ‘‘Notification of Interceptions and Non- work plan (see panel assignments harmonize, between NAPPO countries, Compliance,’’ and will finalize a below). the implementation of the international standard for developing bilateral Below is a summary of current panel standard for wood packaging material. workplans. assignments as they relate to the The PPQ Deputy Administrator, as the ongoing development of NAPPO 6. Fruit Panel official U.S. delegate to NAPPO, intends standards. The United States (i.e., The panel will finalize the standard, to participate in the adoption of these USDA/APHIS) intends to participate ‘‘Areas of Low Pest Prevalence.’’ This regional plant health standards, actively and fully in the work of each of standard should be approved by the including the work described above, these panels. The U.S. position on each NAPPO Executive Committee in 2003. once they are completed and ready for topic will be guided and informed by such consideration. the best scientific information available 7. Fruit Tree Panel The information in this notice on each of these topics. For each of the The panel will begin development of includes all the information available to following panels, the United States will a standard on ‘‘Guidelines for the us on NAPPO standards currently under consider its position on any draft Importation of Fruit Trees.’’ This panel development or consideration. For standard after it reviews a prepared will also continue to develop a concept updates on meeting times and for draft. Information regarding the paper on ‘‘The Movement of Propagative information on the working panels that following NAPPO panel topics, Material, which may lead to the may become available following assignments, activities, and updates on development of a standard at a future publication of this notice, check the meeting times and locations may be date.’’ NAPPO Web site on the Internet at obtained from the NAPPO homepage at http://www.nappo.org or contact Mr. 8. Grapevine Panel http://www.nappo.org or by contacting Narcy Klag (see FOR FURTHER Mr. Narcy Klag (see FOR FURTHER This panel will expand the current INFORMATION CONTACT above). INFORMATION CONTACT above). version of the NAPPO grapevine Information on official U.S.

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participation in NAPPO activities, 1. If approved, the action will not Point (Red), 7520–00–NIB–1680— including U.S. positions on standards result in any additional reporting, Medium Point (Blue), 7520–00–NIB– being considered, may also be obtained recordkeeping or other compliance 1681—Set/Extra Fine Tip (Black, Blue, from Mr. Klag. Those wishing to provide requirements for small entities other Red, Green), 7520–00–NIB–1682—Extra comments on any of the topics being than the small organizations that will Fine Tip (Black), 7520–00–NIB–1683— addressed by any of the NAPPO panels furnish the products and service to the Extra Fine Tip (Red),7520–00–NIB– may do so at any time by responding to Government. 1684—Extra Fine Tip (Blue). this notice (see ADDRESSES above) or by 2. If approved, the action will result NPA: Winston-Salem Industries for transmitting comments through Mr. in authorizing small entities to furnish the Blind, Winston-Salem, North Klag. the products and service to the Carolina. Done in Washington, DC, this 5th day of Government. Contract Activity: Office Supplies & August, 2003. 3. There are no known regulatory Paper Products Acquisition Center, New Peter Fernandez, alternatives which would accomplish York, New York. the objectives of the Javits-Wagner- Acting Administrator, Animal and Plant Product/NSN: Markers, Permanent Health Inspection Service. O’Day Act (41 U.S.C. 46–48c) in Impression, 7520–00–NIB–1667—Fine connection with the products and [FR Doc. 03–20247 Filed 8–7–03; 8:45 am] Tip (Black), 7520–00–NIB–1668—Fine service proposed for addition to the Tip (Red), 7520–00–NIB–1669—Fine BILLING CODE 3410–34–P Procurement List. Comments on this Tip (Blue), 7520–00–NIB–1670—Fine certification are invited. Commenters Tip (Green), 7520–00–NIB–1671—Set/ should identify the statement(s) Fine Tip (Black, Blue, Red, Green), COMMITTEE FOR PURCHASE FROM underlying the certification on which 7520–00–NIB–1672—Ultra Fine Tip PEOPLE WHO ARE BLIND OR they are providing additional (Black), 7520–00–NIB–1673—Ultra Fine SEVERELY DISABLED information. Tip (Red), 7520–00–NIB–1674—Ultra (End of Certification) Fine Tip (Blue), 7520–00–NIB–1675— Procurement List; Proposed Additions The following products and service Ultra Fine Tip (Green), 7520–00—NIB– 1676—Set/Ultra Fine Tip (Black, Blue, AGENCY: Committee for Purchase from are proposed for addition to Red, Green). People Who Are Blind or Severely Procurement List for production by the Disabled. nonprofit agencies listed: NPA: Winston-Salem Industries for the Blind, Winston-Salem, North ACTION: Proposed additions to Products Carolina. Procurement List. Product/NSN: CD Cases, Slim, 7045– Contract Activity: Office Supplies & SUMMARY: The Committee is proposing 00–NIB–0179, 7045–00–NIB–0180. Paper Products Acquisition Center, New to add to the Procurement List products NPA: Wiscraft Inc.—Wisconsin York, New York. and a service to be furnished by Enterprises for The Blind, Milwaukee, Product/NSN: Professional LYSOL nonprofit agencies employing persons Wisconsin. Brand II Aerosol Disinfectant Spray, who are blind or have other severe Contract Activity: Office Supplies & 6840–00–NIB–0039—Original Scent, disabilities. Paper Products Acquisition Center, New 6840–00–NIB–0040—Fresh Scent, York, New York. 6840–00–NIB–0041—Country Scent, COMMENTS MUST BE RECEIVED ON OR Product/NSN: Full Spectrum Battle 6840–00–NIB–0042—Crisp Linen Scent, BEFORE: September 7, 2003. Equipment (FSBE), 8415–00–NSH– 6840–00–NIB–0043—Sprint Waterfall, ADDRESSES: Committee for Purchase 0691—Basic Shooter’s Kit A, 8415–00– 6840–00–NIB–0044—Plus Fabric From People Who Are Blind or Severely NSH–0692—Platoon Kit A, 8415–00– Refresher. Disabled, Jefferson Plaza 2, Suite 10800, NSH–0768—Platoon Kit B, 8415–00– NPA: L.C. Industries For The Blind, 1421 Jefferson Davis Highway, NSH–0769—Basic Shooter’s Kit B, Inc., Durham, North Carolina. Arlington, Virginia 22202–3259. 8415–00–NSH–0770—Platoon Kit C, Contract Activity: Office Supplies & FOR FURTHER INFORMATION CONTACT: 8415–00–NSH–0771—Basic Shooter’s Paper Products Acquisition Center, New Sheryl D. Kennerly, (703) 603–7740. Kit C. York, New York. SUPPLEMENTARY INFORMATION: This NPA: Chautauqua County Chapter, Product/NSN: Skilcraft Toner notice is published pursuant to 41 U.S.C NYSARC, Jamestown, New York. Cartridge, 7510–00–NIB–0633 (New— 47(a) (2) and 41 CFR 51–2.3. Its purpose Contract Activity: U.S. Army Robert compatible with HP Part No. 92298A), is to provide interested persons an Morris Acquisition Center, Natick, 7510–00–NIB–0641 (New—compatible opportunity to submit comments of the Massachusetts. with HP Part No. C3903A), 7510–00– proposed actions. If the Committee Product/NSN: Lighted Baton, 6260– NIB–0642 (New—compatible with HP approves the proposed additions, the 00–NIB–0005—Amber, 6260–00–NIB– Part No. C3906A), 7510–00–NIB–0644 entities of the Federal Government 0006—InfraRed, 6260–00–NIB–0008— (New—compatible with HP Part No. identified in the notice for each product Red, 6260–00–NIB–0009—Green, 6260– C4092A). or service will be required to procure 00–NIB–0010—Blue, 6260–00–NIB– NPA: Industries for the the products and service listed below 0011—Two Toned (Amber/Red). Blind, Talladega, Alabama. from nonprofit agencies employing NPA: L.C. Industries for the Blind, Contract Activity: Office Supplies & persons who are blind or have other Inc., Durham, North Carolina. Paper Products Acquisition Center, New severe disabilities. Contract Activity: Office Supplies & York, New York. Paper Products Acquisition Center, New Regulatory Flexibility Act Certification York, New York. Service I certify that the following action will Product/NSN: Markers, Liquid Service Type/Location: Janitorial/ not have a significant impact on a Impression, 7520–00–NIB–1677—Set/ Grounds Maintenance, INS Florence substantial number of small entities. Medium Point (Black, Blue, Red, Green), Processing Center, Florence, Arizona. The major factors considered for this 7520–00–NIB–1678—Medium Point NPA: J.P. Industries, Inc., Tucson, certification were: (Black), 7520–00–NIB–1679—Medium Arizona.

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Contract Activity: DOJ/INS–CA, INS entities other than the small Regulatory Flexibility Act Certification Western Regional Office, Laguna Niguel, organizations that will furnish the California. products and service to the Government. I certify that the following action will not have a significant impact on a 2. The action will result in Louis R. Bartalot, substantial number of small entities. authorizing small entities to furnish the Director, Program Analysis and Evaluation. The major factors considered for this products and service to the Government. [FR Doc. 03–20267 Filed 8–7–03; 8:45 am] certification were: 3. There are no known regulatory BILLING CODE 6353–01–P alternatives which would accomplish 1. The action may not result in any the objectives of the Javits-Wagner- additional reporting, recordkeeping or other compliance requirements for small COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 46–48c) in connection with the products and entities. PEOPLE WHO ARE BLIND OR 2. The action may result in SEVERELY DISABLED service proposed for addition to the Procurement List. authorizing small entities to furnish the products to the Government. Procurement List; Additions and (End of Certification) Deletions 3. There are no known regulatory Accordingly, the following products alternatives which would accomplish AGENCY: Committee for Purchase From and service are added to the the objectives of the Javits-Wagner- People Who Are Blind or Severely Procurement List: O’Day Act (41 U.S.C. 46–48c) in Disabled. Products connection with the products deleted ACTION: Additions to and deletions from from the Procurement List. Procurement List. Product/NSN: Antibacterial Wipe Shipper, M.R. 90403. (End of Certification) SUMMARY: This action adds to the NPA: Winston-Salem Industries for Accordingly, the following products Procurement List products and a service the Blind, Winston-Salem, North are deleted from the Procurement List: to be furnished by nonprofit agencies Carolina. employing persons who are blind or Contract Activity: Defense Products have other severe disabilities, and Commissary Agency (DeCA), Ft. Lee, Product/NSN: Cleaning Compound/ deletes from the Procurement List Virginia. 7930–01–373–8846. products previously furnished by such Product/NSN: Markers, Dry Erase, agencies. Product/NSN: Cleaning Compound/ Chisel Tip, Set of 8, 7520–00-NIB–0661. 7930–01–373–8847. EFFECTIVE DATE: September 7, 2003. NPA: Dallas Lighthouse for the Blind, Product/NSN: Cleaning Compound/ ADDRESS: Committee for Purchase From Inc., Dallas, Texas. 7930–01–373–8850. People Who Are Blind or Severely Contract Activity: Office Supplies & Product/NSN: Cleaning Compound/ Disabled, Jefferson Plaza 2, Suite 10800, Paper Products Acquisition Center, New 7930–01–398–0943. 1421 Jefferson Davis Highway, York, New York. Arlington, Virginia, 22202–3259. Product/NSN: Cleaning Compound/ Product/NSN: Tape Refill w/ 7930–01–398–0946. FOR FURTHER INFORMATION CONTACT: American Flag on the core, 7520–00- Sheryl D. Kennerly, (703) 603–7740. NIB–1579. Product/NSN: Detergent, General Purpose/7930–00–515–2477. SUPPLEMENTARY INFORMATION: NPA: The Lighthouse f/t Blind in New Product/NSN: Detergent, General Orleans, New Orleans, Louisiana. Additions Purpose/7930–00–526–2919. Contract Activity: Office Supplies & On May 16, May 30, June 6, 2003, the Paper Products Acquisition Center, New Product/NSN: Detergent, General Committee for Purchase From People York, New York. Purpose/7930–00–526–2920. Who Are Blind or Severely Disabled Product/NSN: Detergent, General published notice (68 FR 26567, 32458, Service Purpose/7930–00–527–1207. 33908) of proposed additions to the Service Type/Location: Receiving, Product/NSN: Detergent, General Procurement List. Shipping, Handling & Custodial Service, After consideration of the material Purpose/7930–00–527–1237. Brunswick Naval Air Station, Topsham, presented to it concerning capability of Product/NSN: Detergent, General Maine. qualified nonprofit agencies to provide Purpose/7930–00–530–8067. the products and service and impact of NPA: Pathways, Inc., Auburn, Maine. Product/NSN: Detergent, General the additions on the current or most Contract Activity: Defense Purpose/7930–00–985–6945. Commissary Agency (DeCA), Ft. Lee, recent contractors, the Committee has Product/NSN: Detergent, General Virginia. determined that the products and Purpose/7930–00–985–6946. service listed below are suitable for Deletions Product/NSN: Detergent, Laundry/ procurement by the Federal Government 7930–01–045–3515. under 41 U.S.C. 46–48c and 41 CFR 51– On June 13, 2003, the Committee for 2.4. Purchase From People Who Are Blind Product/NSN: Detergent, Laundry/ or Severely Disabled published notice 7930–01–045–3517. Regulatory Flexibility Act Certification (68 FR 35380) of proposed deletions to NPA: Lighthouse for the Blind, St. I certify that the following action will the Procurement List. Louis, . not have a significant impact on a After consideration of the relevant Contract Activity: GSA, Southwest substantial number of small entities. matter presented, the committee has Supply Center, Fort Worth, Texas. The major factors considered for this determined that the products listed certification were: below are no longer suitable for Louis R. Bartalot, 1. The action will not result in any procurement by the Federal Government Director, Program Analysis and Evaluation. additional reporting, recordkeeping or under 41 U.S.C. 46–48c and 41 CFR 51– [FR Doc. 03–20268 Filed 8–7–03; 8:45 am] other compliance requirements for small 2.4. BILLING CODE 6353–01–P

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DEPARTMENT OF COMMERCE scoping meetings to solicit public ideas 4. Monday, August 25, 2003, Port to reduce overfishing in the Gulf of Aransas Community Center, 408 North National Oceanic and Atmospheric Mexico vermilion snapper fishery. Allister, Port Aransas, TX 78373; Administration Copies of the scoping document will be telephone 361–749–4111; [I.D. 072503C] available at the meetings and are 5. Tuesday, August 26, 2003, San Luis available prior to the meetings from the Resort, 5222 Seawall Boulevard, Gulf of Mexico Fishery Management Council office (see ADDRESSES). Galveston Island, TX 77551; telephone Council; Public Hearings Vermilion and red snapper in the Gulf 409–744–1500; of Mexico are managed under the FMP. 6. Wednesday, August 27, 2003, New AGENCY: National Marine Fisheries The results of several scientific analyses Orleans Airport Hilton, 901 Airline Service (NMFS), National Oceanic and indicate that the vermilion snapper Drive, Kenner, LA 70062; telephone Atmospheric Administration (NOAA), resource is undergoing overfishing and 504–469–5000; and Commerce. that, therefore, the fishing mortality rate 7. Thursday, August 28, 2003, Palace ACTION: Notice of public sscoping (F) on the stock may need to be reduced Casino Resort, 158 Howard Avenue, meetings for an environmental up to 30–50 percent. Some possible Biloxi, MS 39530; telephone 800–725– assessment (EA) and workshops on management actions to reduce F include 2239. individual fishing quotas (IFQ); request bag limits for the recreational fishery, Public comments on the scoping for comments. trip limits for the commercial fishery, document for vermilion snapper will be and size limits for both fisheries. In considered by the Council if received in SUMMARY: NMFS announces public addition, specific values (or a range of the Council office by 5 p.m., eastern scoping meetings to determine issues for values) for maximum sustainable yield daylight time, September 5, 2003. an EA for possible new management (MSY), optimum yield (OY), the These meetings are physically measures for vermillion snapper under minimum stock size threshold (MSST) accessible to people with disabilities. the Fishery Management Plan for the (below which a stock is considered to be Requests for sign language Reef Fish Resources of the Gulf of overfished), and the maximum fishing interpretation or other auxiliary aids Mexico (FMP) in accordance with the mortality threshold (MFMT) (above should be directed to Anne Alford at the National Environmental Policy Act which a stock is considered to be Council (see ADDRESSES) by August 11, (NEPA) of 1969. The Gulf of Mexico undergoing overfishing) need to be 2003. Fishery Management Council (Council) determined for vermilion snapper. will convene these scoping meetings to Dated: August 4, 2003. Immediately following each scoping solicit public ideas to reduce Bruce Morehead, meeting on vermilion snapper, the overfishing in the Gulf of Mexico Acting Director, Office of Sustainable Council will hold a workshop on IFQ vermilion snapper fishery. Immediately Fisheries, National Marine Fisheries Service. systems to acquaint the public with the following each scoping meeting on [FR Doc. 03–20288 Filed 8–7–03; 8:45 am] provisions of IFQ systems in other areas vermilion snapper, the Council will BILLING CODE 3510–22–S of the country. Copies of the workshop hold a workshop on individual fishing PowerPoint presentation will be quota (IFQ) systems to acquaint the available at each workshop. NMFS public with IFQ systems prior to a fall DEPARTMENT OF COMMERCE intends to hold a referendum in late referendum on an IFQ system for the September through November for Gulf red snapper fishery. National Oceanic and Atmospheric eligible commercial red snapper fishers Administration DATES: The meetings and workshops to determine whether they support an will be held in August. See IFQ system for their fishery. The [I.D. 072503A] SUPPLEMENTARY INFORMATION for specific purpose of the workshops is to inform Marine Mammals; File No. 881–1668 dates and times. Public comments on these fishers on how current IFQ the scoping document for vermilion systems work and to answer their AGENCY: National Marine Fisheries snapper should be received in the questions before they vote in the Service (NMFS), National Oceanic and Council office by 5 p.m., eastern referendum. Atmospheric Administration (NOAA), daylight time, September 5, 2003, to Commerce. ensure consideration by the Council. Scoping Meetings and Workshops ACTION: Issuance of permit amendment. ADDRESSES: Written comments on and The vermilion snapper scoping requests for the scoping document on meetings followed immediately by the SUMMARY: Notice is hereby given that vermilion snapper should be addressed IFQ workshops will be held at the the Alaska SeaLife Center (ASLC), to the Council at the following address: following locations and dates from 7 Seward, Alaska 99664 (Principal Gulf of Mexico Fishery Management p.m. until 10 p.m. (or earlier if the Investigator: Don Calkins) has been Council, 3018 U.S. Highway 301, North, meetings and workshops are issued a permit amendment to take Suite 1000, Tampa, FL 33619; concluded). Steller sea lions (Eumetopias jubatus) telephone: (813) 228–2815. 1. Monday, August 18, 2003, Hilton for the purposes of scientific research. FOR FURTHER INFORMATION CONTACT: Mr. Beachfront Garden Inn, 23092 Perdido ADDRESSES: The permit amendment and Wayne Swingle, Executive Director, Beach Boulevard, Orange Beach, AL related documents are available for Gulf of Mexico Fishery Management 36561; telephone 251–974–1600; review upon written request, by Council; telephone: (813) 228–2815. 2. Tuesday, August 19, 2003, National downloading from the internet, or by SUPPLEMENTARY INFORMATION: NMFS Marine Fisheries Service, 3500 Delwood appointment in the following office(s): announces public scoping meetings to Beach Road, Panama City, FL 32408; Permits, Conservation and Education solicit public and interested agencies telephone 850–234–6541; Division, Office of Protected Resources, input on the nature and extent of issues 3. Wednesday, August 20, 2003, NMFS, 1315 East-West Highway, Room and impacts to be addressed in the EA Tampa Airport Hilton, 2225 Lois 13705, Silver Spring, MD 20910, and the methods by which they will be Avenue, Tampa, FL 33607; telephone (301)713–2289, or the Division’s Web evaluated. The Council will hold these 813–877–6688; page at http://www.nmfs.noaa.gov/

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protlres/PR1/Permits/ anesthesia, blood sampling, blubber boards of each Customs port, call (202) pr1permitslreview.html. biopsy, diagnostic x-ray, endoscopy, 927–5850, or refer to the Bureau of Alaska Region, NMFS, P.O. Box bioelectric impedance analysis, Customs and Border Protection Web site 21668, Juneau, AK 99802– deuterated water, and urinalysis), at http://www.customs.gov. For 1668,(907)586–7221. controlled fasting, and information on embargoes and quota re- FOR FURTHER INFORMATION CONTACT: Dr. adrenocorticotrophic hormone openings, refer to the Office of Textiles Tammy Adams or Amy Sloan, challenge experiments. and Apparel Web site at http:// (301)713–2289. Issuance of this permit amendment, as otexa.ita.doc.gov. SUPPLEMENTARY INFORMATION: On June required by the ESA, was based on a 27, 2002 , notice was published in the finding that such permit (1) was applied SUPPLEMENTARY INFORMATION: Federal Register (67 FR 43283) that a for in good faith, (2) will not operate to Authority: Section 204 of the Agricultural request for a scientific research permit the disadvantage of the endangered Act of 1956, as amended (7 U.S.C. 1854); to take Steller sea lions had been species which is the subject of this Executive Order 11651 of March 3, 1972, as submitted by the above-named permit, and (3) is consistent with the amended. organization. The requested permit was purposes and policies set forth in The current limits for certain issued on November 11, 2002 (67 FR section 2 of the ESA. categories are being adjusted for swing 69724) under the authority of the Dated: July 31, 2003. and carryover. Marine Mammal Protection Act of 1972, Stephen L. Leathery, A description of the textile and as amended (16 U.S.C. 1361 et seq.), the Chief, Permits, Conservation and Education apparel categories in terms of HTS Regulations Governing the Taking and Division, Office of Protected Resources, numbers is available in the Importing of Marine Mammals (50 CFR National Marine Fisheries Service. CORRELATION: Textile and Apparel part 216), the Endangered Species Act of [FR Doc. 03–20287 Filed 8–7–03; 8:45 am] Categories with the Harmonized Tariff 1973, as amended (ESA; 16 U.S.C. 1531 BILLING CODE 3510–22–S Schedule of the United States (see et seq.), and the regulations governing Federal Register notice 68 FR 1599, the taking, importing, and exporting of published on January 13, 2002). Also endangered and threatened species (50 COMMITTEE FOR THE see 67 FR 63891, published on October CFR parts 222–226). However, a IMPLEMENTATION OF TEXTILE 16, 2002. decision regarding the proposed AGREEMENTS transport of juvenile sea lions to the James C. Leonard III, ASLC for temporary maintenance and Adjustment of Import Limits for Certain Chairman, Committee for the Implementation associated experiments was deferred Cotton, Wool, Man-Made Fiber, Silk of Textile Agreements. pending additional environmental Blend and Other Vegetable Fiber Committee for the Implementation of Textile analyses. A supplemental Textiles and Textile Products Agreements environmental assessment on the effects Produced or Manufactured in the August 5, 2003. of these activities was prepared, People’s Republic of China resulting in a Finding of No Significant Commissioner, Impact. August 5, 2003. Bureau of Customs and Border Protection, Permit No. 881–1668, issued to the AGENCY: Committee for the Washington, DC 20229. Implementation of Textile Agreements Dear Commissioner: This directive Alaska SeaLife Center, authorizes takes amends, but does not cancel, the directive of threatened and endangered Steller sea (CITA). issued to you on October 9, 2002, by the lions of all ages in Alaska by capture, ACTION: Issuing a directive to the Chairman, Committee for the Implementation hot-branding, flipper tagging, collection Commissioner, Bureau of Customs and of Textile Agreements. That directive of blood and tissue samples from, Border Protection adjusting limits. concerns imports of certain cotton, wool, attachment of external scientific man-made fiber, silk blend and other instruments, mortality incidental to EFFECTIVE DATE: August 8, 2003. vegetable fiber textiles and textile products, research, and harassment incidental to FOR FURTHER INFORMATION CONTACT: Roy produced or manufactured in China and these activities and remote monitoring. Unger, International Trade Specialist, exported during the twelve-month period which began on January 1, 2003 and extends In addition to these activities, the Office of Textiles and Apparel, U.S. through December 31, 2003. amended permit authorizes transport of Department of Commerce, (202) 482– Effective on August 8, 2003, you are up to 16 juvenile Steller sea lions per 4212. For information on the quota directed to adjust the limits for the following year to the ASLC for short-term status of these limits, refer to the Quota categories, as provided for under the Uruguay captivity, health assessments (including Status Reports posted on the bulletin Round Agreement on Textiles and Clothing:

Category Twelve-month limit 1

Group I 200, 218, 219, 226, 237, 239pt. 2, 300/301, 313–315, 317/326, 331pt. 3, 1,181,007,809 square meters equivalent. 333–336, 338/339, 340–342, 345, 347/348, 351, 352, 359–C 4, 359– V 5, 360–363, 410, 433–436, 438, 440, 442–444, 445/446, 447, 448, 611, 613–615, 617, 631pt. 6, 633–636, 638/639, 640–643, 644, 645/ 646, 647, 648, 651, 652, 659–C 7, 659–H 8, 659–S 9, 666pt. 10, 845 and 846, as a group. Sublevels in Group I 200 ...... 887,271 kilograms. 218 ...... 12,787,895 square meters. 219 ...... 2,855,462 square meters. 226 ...... 12,965,879 square meters. 237 ...... 2,429,788 dozen. 300/301 ...... 2,571,798 kilograms. 313 ...... 48,061.550 square meters.

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Category Twelve-month limit 1

314 ...... 58,393,405 square meters. 317/326 ...... 25,936,777 square meters of which not more than 4,825,713 square meters shall be in Category 326. 331pt...... 2,346,855 dozen pairs. 333 ...... 119,176 dozen. 334 ...... 366,260 dozen. 335 ...... 407,609 dozen. 336 ...... 203,773 dozen. 338/339 ...... 2,453,923 dozen of which not more than 1,874,202 dozen shall be in Categories 338–S/339–S 11. 340 ...... 837,649 dozen of which not more than 431,022 dozen shall be in Cat- egory 340–Z 12. 341 ...... 734,369 dozen of which not more than 448,173 dozen shall be in Cat- egory 341–Y 13. 342 ...... 293,511 dozen. 345 ...... 136,732 dozen. 347/348 ...... 2,415,698 dozen. 351 ...... 672,013 dozen. 352 ...... 1,754,073 dozen. 359–C ...... 735,237 kilograms. 359–V ...... 1,024,435 kilograms. 360 ...... 9,427,398 numbers of which not more than 6,430,396 numbers shall be in Category 360–P 14. 361 ...... 4,975,193 numbers. 362 ...... 8,151,131 numbers. 363 ...... 23,789,817 numbers. 410 ...... 1,097,989 square meters of which not more than 880,157 square me- ters shall be in Category 410–A 15 and not more than 880,157 square meters shall be in Category 410–B 16. 433 ...... 22,401 dozen. 434 ...... 14,323 dozen. 435 ...... 26,306 dozen. 436 ...... 16,207 dozen. 438 ...... 28,362 dozen. 440 ...... 40,517 dozen of which not more than 23,153 dozen shall be in Cat- egory 440–M 17. 442 ...... 42,890 dozen. 443 ...... 136,016 numbers. 444 ...... 227,409 numbers. 445/446 ...... 295,169 dozen. 447 ...... 75,617 dozen. 448 ...... 23,933 dozen. 611 ...... 6,378,852 square meters. 613 ...... 9,026,069 square meters. 614 ...... 14,171,245 square meters. 615 ...... 29,528,139 square meters. 617 ...... 20,631,013 square meters. 631pt...... 345,976 dozen pairs. 633 ...... 66,578 dozen. 634 ...... 724,322 dozen. 635 ...... 764,035 dozen. 636 ...... 603,882 dozen. 638/639 ...... 2,621,421 dozen. 640 ...... 1,448,923 dozen. 641 ...... 1,371,033 dozen. 642 ...... 394,604 dozen. 643 ...... 581,757 numbers. 644 ...... 3,755,822 numbers. 645/646 ...... 874,314 dozen. 647 ...... 1,726,382 dozen. 648 ...... 1,208,550 dozen. 651 ...... 894,215 dozen of which not more than 158,194 dozen shall be in Cat- egory 651–B 18. 652 ...... 3,361,307 dozen. 659–C ...... 475,698 kilograms. 659–H ...... 3,335,465 kilograms. 659–S ...... 734,750 kilograms. 666pt...... 543,402 kilograms. 846 ...... 196,845 dozen. Group II 332, 359–O 19, 459pt. 20 and 659–O 21, as a group ...... 43,414,411 square meters equivalent. Group III 201, 220, 224–V 22, 224–O 23, 225, 227, 369–O 24, 400, 414, 469pt. 25, 51,912,449 square meters equivalent. 603, 604–O 26, 618–620 and 624–629, as a group.

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Category Twelve-month limit 1

Sublevels in Group III 224–V ...... 4,296,201 square meters. 225 ...... 7,552,943 square meters. Group IV ...... 421,249 square meters equivalent. 852 Levels not in a Group 369–S 27 ...... 631,871 kilograms. 863–S 28 ...... 9,039,399 numbers.

1 The limits have not been adjusted to account for any imports exported after December 31, 2002. 2 Category 239pt.: only HTS number 6209.20.5040 (diapers). 3 Category 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. 4 Category 359–C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010. 5 Category 359–V: only HTS numbers 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070. 6 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530. 7 Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. 8 Category 659–H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090. 9 Category 659–S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020. 10 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522. 11 Category 338–S: all HTS numbers except 6109.10.0012, 6109.10.0014, 6109.10.0018 and 6109.10.0023; Category 339–S: all HTS numbers except 6109.10.0040, 6109.10.0045, 6109.10.0060 and 6109.10.0065. 12 Category 340–Z: only HTS numbers 6205.20.2015, 6205.20.2020, 6205.20.2050 and 6205.20.2060. 13 Category 341–Y: only HTS numbers 6204.22.3060, 6206.30.3010, 6206.30.3030 and 6211.42.0054. 14 Category 360–P: only HTS numbers 6302.21.3010, 6302.21.5010, 6302.21.7010, 6302.21.9010, 6302.31.3010, 6302.31.5010, 6302.31.7010 and 6302.31.9010. 15 Category 410–A: only HTS numbers 5111.11.3000, 5111.11.7030, 5111.11.7060, 5111.19.2000, 5111.19.6020, 5111.19.6040, 5111.19.6060, 5111.19.6080, 5111.20.9000, 5111.30.9000, 5111.90.3000, 5111.90.9000, 5212.11.1010, 5212.12.1010, 5212.13.1010, 5212.14.1010, 5212.15.1010, 5212.21.1010, 5212.22.1010, 5212.23.1010, 5212.24.1010, 5212.25.1010, 5311.00.2000, 5407.91.0510, 5407.92.0510, 5407.93.0510, 5407.94.0510, 5408.31.0510, 5408.32.0510, 5408.33.0510, 5408.34.0510, 5515.13.0510, 5515.22.0510, 5515.92.0510, 5516.31.0510, 5516.32.0510, 5516.33.0510, 5516.34.0510 and 6301.20.0020. 16 Category 410–B: only HTS numbers 5007.10.6030, 5007.90.6030, 5112.11.3030, 5112.11.3060, 5112.11.6030, 5112.11.6060, 5112.19.6010, 5112.19.6020, 5112.19.6030, 5112.19.6040, 5112.19.6050, 5112.19.6060, 5112.19.9510, 5112.19.9520, 5112.19.9530, 5112.19.9540, 5112.19.9550, 5112.19.9560, 5112.20.3000, 5112.30.3000, 5112.90.3000, 5112.90.9010, 5112.90.9090, 5212.11.1020, 5212.12.1020, 5212.13.1020, 5212.14.1020, 5212.15.1020, 5212.21.1020, 5212.22.1020, 5212.23.1020, 5212.24.1020, 5212.25.1020, 5309.21.2000, 5309.29.2000, 5407.91.0520, 5407.92.0520, 5407.93.0520, 5407.94.0520, 5408.31.0520, 5408.32.0520, 5408.33.0520, 5408.34.0520, 5515.13.0520, 5515.22.0520, 5515.92.0520, 5516.31.0520, 5516.32.0520, 5516.33.0520 and 5516.34.0520. 17 Category 440–M: only HTS numbers 6203.21.9030, 6203.23.0030, 6205.10.1000, 6205.10.2010, 6205.10.2020, 6205.30.1510, 6205.30.1520, 6205.90.3020, 6205.90.4020 and 6211.31.0030. 18 Category 651–B: only HTS numbers 6107.22.0015 and 6108.32.0015. 19 Category 359–O: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025, 6211.42.0010 (Category 359–C); 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070 (Category 359–V); 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545 (Category 359pt.). 20 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560. 21 Category 659–O: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 (Category 659–C); 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090, 6505.90.8090 (Category 659–H); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, 6211.12.1020 (Category 659–S); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, 6406.99.1510 and 6406.99.1540. 22 Category 224–V: only HTS numbers 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020. 23 Category 224–O: all HTS numbers except 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020 (Category 224–V). 24 Category 369–O: all HTS numbers except 6307.10.2005 (Category 369–S); 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505, 4202.92.1500, 4202.92.3016, 4202.92.6091, 5601.10.1000, 5601.21.0090, 5701.90.1020, 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302.51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, 6302.91.0060, 6303.11.0000, 6303.91.0010, 6303.91.0020, 6304.91.0020, 6304.92.0000, 6305.20.0000, 6306.11.0000, 6307.10.0020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, 9404.90.8040 and 9404.90.9505 (Category 369pt.). 25 Category 469pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, 6308.00.0010 and 6406.10.9020. 26 Category 604–O: all HTS numbers except 5509.32.0000 (Category 604–A). 27 Category 369–S: only HTS number 6307.10.2005. 28 Category 863–S: only HTS number 6307.10.2015.

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The Committee for the Implementation of see 68 FR 26575, published on May 16, 3 Category 359-S: only HTS numbers Textile Agreements has determined that 2003. 6112.39.0010, 6112.49.0010, 6211.11.8010, these actions fall within the foreign affairs 6211.11.8020, 6211.12.8010 and James C. Leonard III, 6211.12.8020; Category 659-S: only HTS exception to the rulemaking provisions of 5 numbers 6112.31.0010, 6112.31.0020, U.S.C. 553(a)(1). Chairman, Committee for the Implementation 6112.41.0010, 6112.41.0020, 6112.41.0030, Sincerely, of Textile Agreements. 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020. James C. Leonard III, Committee for the Implementation of Textile Chairman, Committee for the Agreements The Committee for the Implementation of Implementation of Textile Agreements. August 5, 2003. Textile Agreements has determined that [FR Doc.03–20276 Filed 8–7–03; 8:45 am] these actions fall within the foreign affairs Commissioner, exception to the rulemaking provisions of 5 BILLING CODE 3510–DR–S Bureau of Customs and Border Protection, U.S.C. 553(a)(1). Washington, DC 20229 Sincerely, Dear Commissioner: This directive James C. Leonard III, COMMITTEE FOR THE amends, but does not cancel, the directive Chairman, Committee for the IMPLEMENTATION OF TEXTILE issued to you on May 12, 2003, by the Implementation of Textile Agreements. AGREEMENTS Chairman, Committee for the Implementation [FR Doc. 03–20275 Filed 8–7–03; 8:45 am] of Textile Agreements. That directive BILLING CODE 3510–DR–S Adjustment of Import Limits for Certain concerns imports of certain cotton, wool and Cotton, Wool and Man-Made Fiber man–made fiber textiles and textile products, produced or manufactured in Vietnam and Textiles and Textile Products exported during the twelve-month period DEPARTMENT OF DEFENSE Produced or Manufactured in the which began on May 1, 2003 and extends Socialist Republic of Vietnam through December 31, 2003. Department of the Army Effective on August 8, 2003, you are August 5, 2003. directed to adjust the limits for the following Availability of Non-Exclusive, AGENCY: Committee for the categories, as provided for under the terms of Exclusive License or Partially Implementation of Textile Agreements the current bilateral textile agreement Exclusive Licensing of U.S. Patent between the Governments of the United (CITA). Protective Glove and Method For States and Vietnam: Making Same ACTION: Issuing a directive to the 1 Commissioner, Bureau of Customs and Category Restraint limit AGENCY: Department of the Army, DoD. Border Protection. 200 ...... 112,000 kilograms. ACTION: Notice. 301 ...... 480,533 kilograms. SUMMARY: In accordance with 37 CFR EFFECTIVE DATE: August 8, 2003. 332 ...... 106,667 dozen pairs. 333 ...... 25,440 dozen. part 404.6, announcement is made of FOR FURTHER INFORMATION CONTACT: 334/335 ...... 504,000 dozen. the availability for licensing of U.S. Naomi Freeman, International Trade 338/339 ...... 9,960,000 dozen. Patent No. US 6,596,345 B2 entitled Specialist, Office of Textiles and 340/640 ...... 1,413,333 dozen. ‘‘Protective Glove and Method for Apparel, U.S. Department of Commerce, 341/641 ...... 538,973 dozen. Making Same’’ issued July 22, 2003. (202) 482–4212. For information on the 342/642 ...... 414,163 dozen. This patent has been assigned to the 345 ...... 212,000 dozen. United States Government as quota status of these limits, refer to the 347/348 ...... 5,241,000 dozen. Quota Status Reports posted on the represented by the Secretary of the 351/651 ...... 359,893 dozen. Army. bulletin boards of each Customs port, 352/652 ...... 1,307,333 dozen. call (202) 927–5850, or refer to the 359–C/659–C 2 ...... 242,667 kilograms. FOR FURTHER INFORMATION CONTACT: Mr. Bureau of Customs and Border 359-S/659-S 3 ...... 371,000 kilograms. Robert Rosenkrans at U.S. Army Soldier Protection Web site at http:// 434 ...... 12,096 dozen. and Biological Chemical Command, www.customs.gov. For information on 435 ...... 28,267 dozen. Kansas Street, Natick, MA 01760, phone 440 ...... 1,767 dozen. embargoes and quota re-openings, refer (508) 233–4928 or e-mail: 447 ...... 36,747 dozen. [email protected]. to the Office of Textiles and Apparel 448 ...... 22,613 dozen. Web site at http://otexa.ita.doc.gov. 620 ...... 2,997,227 square me- SUPPLEMENTARY INFORMATION: Any ters. SUPPLEMENTARY INFORMATION: licenses granted shall comply with 35 632 ...... 153,333 dozen pairs. U.S.C. 209 and 37 CFR part 404. Authority: Section 204 of the Agricultural 638/639 ...... 949,013 dozen. Act of 1956, as amended (7 U.S.C. 1854); 645/646 ...... 141,333 dozen. Luz D. Ortiz, Executive Order 11651 of March 3, 1972, as 647/648 ...... 1,394,478 dozen. Army Federal Register Liaison Officer. amended. 1 The limits have not been adjusted to ac- [FR Doc. 03–20263 Filed 8–7–03; 8:45 am] The current limits for certain count for any imports exported after April 30, BILLING CODE 3710–08–M 2002. categories are being adjusted for swing 2 Category 359-C: only HTS numbers and carryforward. 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, DEPARTMENT OF DEFENSE A description of the textile and 6203.42.2010, 6203.42.2090, 6204.62.2010, apparel categories in terms of HTS 6211.32.0010, 6211.32.0025 and Department of the Army, Corps of numbers is available in the 6211.42.0010; Category 659-C: only HTS Engineers CORRELATION: Textile and Apparel numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, Notice of Availability, Draft Categories with the Harmonized Tariff 6104.63.1020, 6104.63.1030, 6104.69.1000, Schedule of the United States (see 6104.69.8014, 6114.30.3044, 6114.30.3054, Environmental Impact Statement (DEIS) Federal Register notice 68 FR 1599, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, published on January 13, 2003). Also 6210.10.9010, 6211.33.0010, 6211.33.0017 AGENCY: U.S. Army Corps of Engineers, and 6211.43.0010. DOD.

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ACTION: Announcement of DEIS development phase of the EIS process. Comment Period: Comments should Availability, King Cove Access Project, Six alternatives were selected for further be received by the Corps of Engineers, and Notice of Public Hearings. evaluation. The proposed action Alaska District (address above) by (Alternative 1, Northeast Corner Cold September 23, 2003, or 45 days from the SUMMARY: The King Cove Health and Bay / Hovercraft) and two alternatives publication date within the Federal Safety Act (Section 353) of the Omnibus (Alternative 3, Lenard Harbor / Register, whichever is later. Consolidated and Emergency Hovercraft; and Alternative 4, Lenard David S. Hobbie, Supplemental Appropriations Act of Harbor / Ferry) were selected for 1999 (Public Law 105–277) provided the Assistant Branch Chief, Regulatory Branch, detailed evaluation that incorporates a Alaska District. Aleutians East Borough (AEB) with $20 marine-road link design in compliance [FR Doc. 03–20226 Filed 8–7–03; 8:45 am] million to construct a year-round with Section 353 cited above. The marine-road transportation system BILLING CODE 3710–NL–P required ‘‘no action’’ alternative is between the Cities of King Cove and presented as Alternative 2. The two Cold Bay, Alaska, on the Alaska remaining alternatives are not in Peninsula. AEB proposes a 152-acre DEPARTMENT OF DEFENSE compliance with section 353; hence, the project consisting of a 17.2-mile access $20 million Federal appropriations road, two hovercraft ramps, and Department of the Army; Corps of would not be available for project terminals located on the Northeast Engineers construction. These are an air-road link Corner of Cold Bay and Cross Wind alternative (Alternative 5, Lenard Intent To Prepare a Draft Cove, on the west side of Cold Bay, and Harbor / Helicopter) and an all-road Environmental Impact Statement for a hovercraft. The Corps of Engineers, alternative (Alternative 6, Isthmus the Raritan and Sandy Hook Bay, Alaska District, has evaluated the AEB’s Combined Erosion and Storm Damage permit application under the authority Road). The all-road alternative (Alternative 6) is not a practicable Reduction Project, Borough of of Section 10 of the Rivers and Harbors Highlands, Monmouth County, NJ Act and Section 404 of the Clean Air alternative for evaluation under the Section 404(b)(1) Guidelines (40 CFR Act. The EIS describes five alternatives AGENCY: Department of the Army, U.S. that satisfy the purpose and needs for 230) for the Clean Water Act and cannot Army Corps of Engineers, DoD. be authorized by the District Engineer. the proposed project. The alternatives ACTION: Notice of intent. are: (1) Northeast Corner Cold Bay— If an application is received by the Hovercraft; (3) Lenard Harbor— USFWS under Title XI of ANCSA, a SUMMARY: The New York District of the Hovercraft; (4) Lenard Harbor—Ferry; separate EIS would be required, with U.S. Army Corps of Engineers (Corps) is (5) Lenard Harbor—Helicopter; and (6) approval required by the Secretary of preparing a Draft Environmental Impact the Isthmus Road alternative. Interior, The President, and Congress. Statement (DEIS) to ascertain Alternative 2 is the No-Action No significant adverse impacts were compliance with and to lead to the Alternative. Alternative 6 is included identified for Alternatives 1, 3, 4, and 5. production of a National Environmental for comparison purposes only and Significant beneficial impacts were Policy Act (NEPA) document in cannot be selected for authorization by noted for each action alternative accordance with the President’s Council the decision-maker. Alternatives 1, 3, 4, centering on human and social of Environmental Quality (CEQ) rules and 5 would be constructed primarily resources with the ability to enhance and regulations, as defined and on King Cove Corporation surface lands. safe, reliable, and efficient emergency amended in 40 CFR parts 1500–1508, Alternative 1 requires a USFWS medical transport for King Cove Corps’ principals and guidelines as compatibility determination on Native residents and seasonal workers. For defined in Engineering Regulation (ER) corporation owned lands within the Alternatives 1, 3, 4, and 5 with the 200–2–2, ER 1105–2–100, and other Izembek National Wildlife Refuge, and incorporation and implementation of applicable Federal and State no construction or operations would mitigation measure, impacts to environmental laws for the proposed occur within the Congressionally threatened and endangered or listed erosion control and storm reduction designated Wilderness Area. Currently, species (Steller’s eider, Steller sea lion, efforts in the Borough of Highlands in Alternatives 3 and 4 are designated as and Northern sea otter) were Monmouth County, NJ. the Environmentally Preferable preliminarily determined not likely to The Borough of Highlands is located Alternatives. The Corps of Engineers adversely affect these species. For the in the northeastern section of will use the EIS, public review process same alternatives and incorporation of Monmouth County and is bounded on and consideration of comments received mitigation measures, determinations of the north by Sandy Hook Bay and on the as a basis for the permit decision. ‘‘would not likely impact Essential Fish east by the Shrewsbury River. The SUPPLEMENTARY INFORMATION: The U.S. Habitat’’, and Habitats of Particular project study area consists of Army Corps of Engineers, Alaska Concern were concluded. approximately 1⁄3 of a square mile of District, is the lead Federal agency with Public Workshops and Public densely developed marine, commercial, the U.S. Fish and Wildlife Service Hearings: August 25, 2003, Cold Bay, and residential buildings at the eastern (USFWS) as a cooperating agency for Alaska, Community Building. Public terminus, and extends westward this DEIS. During the Scoping process Workshop: 7 p.m. to 8 p.m. Public approximately 11,000 feet, bounded by (February 16 to June 22, 2001) over Hearing: 8 p.m. to 9 p.m Sandy Hook Bay to the south and NJ 12,331 comments were received, with August 26, 2003; King Cove, Alaska, State Route 36 to the north. over 12,000 comments and opinions Community Center. Public Workshop: 4 FOR FURTHER INFORMATION CONTACT: Mr. provided by e-mail. Many of these p.m. to 5 p.m. Public Hearing: 7 p.m. to Howard Ruben, Environmental Analyst, scoping comments expressed an 9 p.m. Planning Division, Environmental objection to a road through the Izembek September 9, 2003; Anchorage, Alaska Analysis Branch, U.S. Army Corps of National Wildlife Refuge Wilderness University of Alaska, Commons Room Engineers, New York District, 26 Area. Twenty-eight alternatives were 107, 3700 Sharon Gagnon Lane. Public Federal Plaza, New York, NY 10278– preliminarily considered during the Workshop: 4 p.m. to 5 p.m. Public 0090, at 212–264–0206 or at scoping and the alternative Hearing: 7 p.m. to 9 p.m [email protected]. Written

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comments are to be provided to Mr. Monmouth criteria to damage ER 200–2–2, Procedures for Ruben. mechanism and potential damage Implementing NEPA, and other SUPPLEMENTARY INFORMATION: reduction benefits. applicable Federal and State 1. The Combined Erosion Control and 3. Two types of environmental environmental laws for the proposed Storm Damage Prevention Pre- analyses will be conducted; impacts storm damage reduction project in the Feasibility Study for the Raritan Bay associated with structural storm damage Borough of Keyport, Monmouth County, and Sandy Hook Bay, NJ, including the reduction improvements and analyses NJ. Borough of Highlands, was authorized required for mitigation planning The study area consists of low-lying by a resolution of the Committee on purposes. areas along the Raritan Bay shoreline Public Works and Transportation of the 4. Public scoping meetings are between and including Luppatatong U.S. House of Representatives adopted expected to be scheduled in September Creek to the west and Chingarora Creek August 1, 1990, which states the 2003. The meetings will be held in to the east in the Borough of Keyport, following: ‘‘Resolved by the Committee Monmouth County at locations not yet Monmouth County, NJ. Bay area on Public Works and Transportation of determined. Public notices identifying flooding primarily occurs in the low- the United States House of the location, date, and time for the lying commercial areas located in the Representatives, that, the Board of meetings will be announced in local central and northwestern portions of the Engineers for Rivers and Harbors is area newspapers. Results from the Borough and in residential areas to the requested to review the report of the public scoping meetings with the northeast. Flooding also occurs in areas Chief of Engineers on Raritan Bay and District and Federal, State, and local adjacent to Luppatatong and Chingarora Sandy Hook Bay, , published agency coordination will be addressed Creeks. as House Document No. 464, Eighty- in the scoping document. Parties FOR FURTHER INFORMATION CONTACT: Mr. seventh Congress, Second Session, and interested in receiving notices of public Ronald Pinzon, Project Biologist, other pertinent reports, to determine the scoping meetings or copies of the Planning Division, Environmental advisability of modifications to the scoping document should contact Mr. Analysis Branch, U.S. Army Corps of recommendations contained therein to Ruben at the above address. Engineers, New York District, 26 5. Federal agencies interested in provide erosion control and storm Federal Plaza, New York, NY, 10278– participating as a Cooperating Agency damage prevention for the Raritan Bay 0090, (212) 264–2199, or are requested to submit a letter of intent and Sandy Hook Bay.’’ The Water [email protected]. to Colonel John B. O’Dowd, District Resources Development Act of 1966 Engineer, at the above address. SUPPLEMENTARY INFORMATION: reauthorized the project, including 6. Estimated Date of DEIS 1. This study is authorized by a uncompleted construction. Availability: February 2005. resolution of the Committee on Public 2. The previously authorized Federal Works and Transportation of the U.S. project for Raritan Bay and Sandy Hook Leonard Houston, House of Representatives dated August Bay, NJ, was authorized by the Flood Chief, Environmental Analysis Branch. 1, 1990, reading: ‘‘Resolved by the Control Act of October 12, 1962, in [FR Doc. 03–20265 Filed 8–7–03; 8:45 am] Committee on Public Works and accordance with House Document No. BILLING CODE 3710–06–M Transportation of the United States 464, Eighty-seventh Congress, Second House of Representatives, that, the Session. While this project resulted in Board of Engineers for Rivers and construction of shore protection DEPARTMENT OF DEFENSE Harbors is requested to review the improvements within certain report of the Chief of Engineers on municipalities, improvements in Department of the Army; Corps of Raritan Bay and Sandy Hook Bay, New Highlands were not considered Engineers Jersey, published as House Document economically feasible and therefore not Intent To Prepare a Draft No. 464, Eighty-seventh Congress, recommended. It was noted in the 1962 Second Session, and other pertinent study that Highlands is subject to severe Environmental Impact Statement for the Raritan Bay and Sandy Hook Bay, reports, to determine the advisability of damage from tidal flooding and that the modifications to the recommendations problem would be further considered Combined Erosion Control and Storm Damage Reduction Study, Borough of contained therein to provide erosion for development of an economically control and storm damage prevention feasible plan. The area of Highlands was Keyport, Monmouth County, NJ: Feasibility Phase for the Raritan Bay and Sandy Hook again addressed in the Raritan Bay and Bay.’’ Sandy Hook Bay, New Jersey, Combined AGENCY: Department of the Army, U.S. 2. A public scoping meeting is Flood Control and Shore Protection Army Corps of Engineers, DoD. scheduled for September 2003. Results Reconnaissance Study Report, dated ACTION: Notice of intent. from the public scoping meeting with March 1993. This reconnaissance report Federal, State, and local agencies, as covered municipalities extending SUMMARY: The New York District of the well as the public, will be addressed in westward from Highlands to South U.S. Army Corps of Engineers (Corps) is the DEIS. Amboy with concentration on Port preparing a Draft Environmental Impact 3. Federal agencies interested in Monmouth for which a specific plan of Statement (DEIS), in compliance with participating as a Cooperating Agency improvement was identified. Report the National Environmental Policy Act are requested to submit a letter of intent findings concluded that, within the (NEPA), which will lead to a NEPA to Colonel John B. O’Dowd, District study area, shoreline protection and document in accordance with Council Engineer, at the above address. flood control projects in Highlands and on Environmental Quality (CEQ) 4. Estimated date of DEIS availability: five other communities appeared to be regulations, as defined and amended in August 2004. economically viable and were 40 CFR parts 1500–1508 (promulgated recommended to go forward with pursuant to NEPA), Corps’ principles Leonard Houston, further studies. This was determined and guidelines as defined in Chief, Environmental Analysis Branch. indirectly through means of a planning Engineering Regulations (ER) 1105–2– [FR Doc. 03–20266 Filed 8–7–03; 8:45 am] evaluation matrix that compared Port 100, Planning Guidance Notebook, and BILLING CODE 3710–06–M

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DEPARTMENT OF DEFENSE * * *. At the following locations: Gila species nor critical habitat for listed River and tributaries, Arizona, * * *’’ species have been identified here. Department of the Army; Corps of the Santa Cruz River once flowed into 3. Proposed Action Engineers the Gila when a wetter climate prevailed in the southwest, and its watershed still No plan of action has yet been Intent To Prepare a Draft joins that of the Gila near Laveen, identified. Environmental Impact Statement for El Arizona. Rio Medio, Santa Cruz River, a 4. Alternatives Feasibility Study of a Portion of the 2. Background a.—No Action: No improvement or Santa Cruz River in the City of Tucson, The Santa Cruz River arises in reinforcement of existing banks or Pima County, AZ southeastern Arizona, passes uplands. b—Proposed Alternative Plans: None southwesterly into Sonora, Mexico, then AGENCY: Department of the Army, U.S. have been formulated to date. Army Corps of Engineers, DOD. turns northward again and re-enters the ACTION: Notice of intent. United States at Nogales, Arizona. Since 5. Scoping Process before the late 16th century when the Participation of all interested Federal, SUMMARY: Analyses of foreseeable Spanish explored the southwest, the State, and County resource agencies, as environmental impacts from potential Santa Cruz River never ran continuously well as Native American peoples, actions along the Santa Cruz River in all the way to the Gila. Where groups with environmental interests, the City of Tucson, Pima County, underlying bedrock along its course and all interested individuals is Arizona, will commence. No alternative forced water to the surface, the Santa encouraged. Public involvement will be plans have been advanced as yet, so Cruz was perennial. Historically, most beneficial and worthwhile in contents of the Draft Environmental reliable surface flows along the Santa identifying pertinent environmental Impact Statement (DEIS) remain to be Cruz could be found intermittently issues, offering useful information such determined during the public scoping between Nogales and Martinez Hill, to as published or unpublished data, direct process. The portion of the river to be the east of Mission San Xavier in the personal experience or knowledge studied extends from about Congress southerly parts of what is now which inform decision making, Road (upstream), to about Prince Road metropolitan Tucson. Subsurface flow assistance in defining the scope of plans (downstream), a distance of about 4.5 farther north sustained a riparian which ought to be considered, and river miles. Pima County has identified community. Downstream of the recommending suitable mitigation within this length of the river needs confluence with the so called West measures warranted by such plans. associated with loss of riparian habitat Branch of the Santa Cruz the water table Those wishing to contribute and the presence of cultural resources. again rose above the surface around information, ideas, alternatives for Those needs will guide the formulation Sentinel Hill. Year-round water actions, and so forth can furnish these of plans for this region, the El Rio Medio supplied the needs of Mission San contributions in writing to the points of (Middle of the River) segment of the Agustı´n, built in the west side of the contacts indicated above, or by Santa Cruz River. river at the foot of the hill where attending public scoping opportunities. The U.S. Army Corps of Engineers Tohono O’Odham people kept a village Notice of public scoping meeting will be and Pima County, Arizona, will (called stjukshon by them), and the published in the local newspapers. cooperate in conducting this feasibility presidio on the east side of the Santa When plans have been devised and study. Cruz. These two historic locations alternatives formulated to embody those DATES: Submit comments by September became the origin modern day Tucson. plans, potential impacts will be 22, 2003. The feasibility studies to be evaluated evaluated in the DEIS. These ADDRESSES: District Engineers, U.S. by this DEIS will evaluate: (1) assessments will emphasize at least Army Corps of Engineers, Los Angeles Alternative means of structural fourteen categories of resources: Land District, ATTN: CESPL–PD–RP, P.O. stabilization to the river’s banks use, impromptu historic landfills Box 532711, Los Angeles, CA 90053– between Prince Road (upstream) and W. created by dumping trash over the 2325. Congress Street (downstream); (2) banks, hazardous wastes, physical FOR FURTHER INFORMATION CONTACT: Mr. opportunities to reclaim biotic environment, hydrology, groundwater, Michael Fink, Environmental Manager, properties of the Santa Cruz near biological, archaeological, geological, air telephone (602) 640–2001, ext. 232, or downtown Tucson, and elements of the quality, noise, transportation, Mr. John E. Drake, Study Manager, riparian community on its banks; (3) socioeconomic, and safety. telephone (602) 640–2021, ext. 271. The modifications of upland surfaces Dated: July 18, 2003. cooperating entity, Pima County, adjacent to the incised banks to promote Richard G. Thompson, requests inquiries to Mr. Lauren E. growth of appropriate native upland Colonel, US Army, District Engineer. vegetation; (4) designs for recreational Robsin, telephone (520) 740–6371, for [FR Doc. 03–20264 Filed 8–7–03; 8:45 am] facilities which would feature any additional information. BILLING CODE 3710–KF–M SUPPLEMENTARY INFORMATION: prehistoric elements, historic properties, and biological traits of this portion of 1. Authorization the Santa Cruz; (5) integrate these DEPARTMENT OF DEFENSE Section 6 of the Flood Control Act of recreational considerations into the Juan 1938 authorized feasibility studies for El Bautista de Anza National Trail; and (6) Department of the Navy Rio Medio. The 75th Congress of the the efficacy of recharging subsurface United States passed what became aquifers by means of water released into Notice of Availability of Government- Public Law 761. This legislation states, the river bottom downstream of W. Owned Inventions; Available for in part: ‘‘* * * the Secretary of War Congress Street. Licensing [Secretary of the Army since 1947] is Prehistoric historic cultural resources AGENCY: Department of the Navy, DOD. hereby authorized and directed to cause are abundant along this stretch of the ACTION: Notice. preliminary examinations and surveys Santa Cruz. Neither federally protected

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SUMMARY: The inventions listed below SPECTRAL HOLEBURNING.//U.S. Authority: 35 U.S.C. 207, 37 CFR part 404. are assigned to the U.S. Government as Patent No. 6,530,337: UNDERWATER Dated: July 29, 2003. represented by the Secretary of the Navy EXPLOSION PROTECTION FOR E.F. McDonnell, and are available for licensing by the WATERCRAFT.//U.S. Patent No. Major, U.S. Marine Corps, Federal Register Department of the Navy. 6,533,257: COMPOSITE VIBRATION Liaison Officer. U.S. Patent No. 6,435,795: CARGO DAMPING SYSTEM.//U.S. Patent No. [FR Doc. 03–20216 Filed 8–7–03; 8:45 am] 6,536,366: UNDERWATER EXPLOSION LOAD RETRACTABLE RECEIVER.// BILLING CODE 3810–FF–P U.S. Patent No. 6,443,416: TEST VEHICLE.//U.S. Patent No. PIEZOELECTRICALLY CONTROLLED 6,540,442: HIGH ENERGY IMPACT ABSORPTION FENDER SYSTEM VIBRATION REDUCING MOUNT DEPARTMENT OF EDUCATION SYSTEM.//U.S. Patent No. 6,456,069: USING VALVULAR CONTROL LOGIC./ FLUXGATE MAGNETIC FIELD /U.S. Patent No. 6,543,273: EFFICIENT Submission for OMB Review; SENSOR INCORPORATING USE OF METALLIC MATERIALS FOR Comment Request FERROMAGNETIC TEST MATERIAL DYNAMIC TEAR TESTING.//U.S. AGENCY: INTO ITS MAGNETIC CIRCUITY. //U.S. Patent No. 6,543,486: LEAKAGE Department of Education. SUMMARY: The Leader, Regulatory Patent No. 6,457,672: PROPULSION PLUGGING METHOD AND Information Management Group, Office NACELLE ALIGNMENT SYSTEM FOR IMPLEMENT.//U.S. Patent No. of the Chief Information Officer invites TILT-ROTOR AIRCRAFT.//U.S. Patent 6,544,000: MAGNETOSTRICTIVE comments on the submission for OMB No. 6,459,596: METHOD AND ADJUSTMENT OF PROPELLER BLADE.//U.S. Patent No. 6,545,118: review as required by the Paperwork APPARATUS FOR A REDUCED PARTS- Reduction Act of 1995. COUNTS MULTILEVEL RECTIFIER.// POLYMER HAVING NETWORK DATES: U.S. Patent No. 6,460,490: FLOW STRUCTURE.//U.S. Patent No. Interested persons are invited to CONTROL SYSTEM FOR A FORCED 6,546,349: OPTIMAL DEGAUSSING submit comments on or before RECIRCULATION BOILER.//U.S. Patent USING AN EVOLUTION PROGRAM.// September 8, 2003. No. 6,462,561: STANDOFF DISTANCE U.S. Patent No. 6,558,218: OVERBOARD ADDRESSES: Written comments should VARIATION COMPENSATOR AND RESCUE SYSTEM.//U.S. Patent No. be addressed to the Office of EQUALIZER.//U.S. Patent No. 6,561,739: LOAD TRANSPORTING Information and Regulatory Affairs, 6,466,888: NEURAL NETWORK MODULAR PLATFORM SYSTEM.//U.S. Attention: Lauren Wittenberg, SYSTEM FOR ESTIMATION OF Patent No. 6,564,652: X-WIRE PROBE Department of Education, Office of AIRCRAFT FLIGHT DATA.//U.S. Patent FOR VELOCITY MEASUREMENTS Management and Budget, 725 17th No. 6,481,363: HYDRODYNAMIC NEAR THE DOWNSTREAM EDGE OF Street, NW., Room 10235, New PROPULSION FLOW CONTROL FOR AN APERTURE.//U.S. Patent No. Executive Office Building, Washington, MODIFICATION OF FLAP 6,567,788: PROGRAMMED LOGISTIC DC 20503 or should be electronically CONTROLLED LIFT.//U.S. Patent No. SYSTEM AND METHOD FOR mailed to the Internet address _ 6,489,695: EFFICIENCY MAXIMIZED TRANSPORTATION AND RECEPTION Lauren [email protected]. CONVERSION OF ELECTRICAL TO OF COMMODITIES.//U.S. Patent No. SUPPLEMENTARY INFORMATION: Section MECHANICAL ENERGY BY 6,570,819: LOW FREQUENCY 3506 of the Paperwork Reduction Act of MAGNETOSTRICTIVE ACOUSTIC PROJECTOR.//U.S. Patent 1995 (44 U.S.C. Chapter 35) requires TRANSDUCTION.//U.S. Patent No. No. 6,571,724: STERN DEPRESSOR that the Office of Management and 6,495,088: METHOD OF TYPE MOTION STABILIZATION Budget (OMB) provide interested MANUFACTURING REIN INFUSED SYSTEM FOR MARINE VESSEL.//U.S. Federal agencies and the public an early CORE STRUCTURE.//U.S. Patent No. Patent No. 6,575,113: COOLED JET opportunity to comment on information 6,505,571: HYBRID HULL BLAST DEFLECTORS FOR AIRCRAFT collection requests. OMB may amend or CONSTRUCTION FOR MARINE CARRIER FLIGHT DECKS.//U.S. Patent waive the requirement for public VESSELS.//U.S. Patent No. 6,507,793: No. 6,578,441: CRANE TESTING consultation to the extent that public METHOD FOR MEASURING APPARATUS AND ASSOCIATED participation in the approval process VORTICITY.//U.S. Patent No. 6,507,798: LOAD TESTING METHOD.//U.S. Patent would defeat the purpose of the TIME-FREQUENCY DEPENDENT No. 6,580,388: CALCULATION information collection, violate State or DAMPING VIA HILBERT DAMPING METHODOLOGY FOR COMPLEX Federal law, or substantially interfere SPECTRUM.//U.S. Patent No. 6,514,435: TARGET SIGNATURES. //U.S. Patent with any agency’s ability to perform its HIGH DENSITY AND FAST No. 6,591,246: AUTOMATED SKILLS statutory obligations. The Leader, PERSISTENT SPECTRAL PROGRAM. //U.S. Patent No. 6,591,773: Regulatory Information Management HOLEBURNING IN II–VI COMPOUNDS PROTECTIVE FENDERING SYSTEM Group, Office of the Chief Information FOR OPTICAL DATA STORAGE.//U.S. FOR OFF-SHORE CARGO Officer, publishes that notice containing Patent No. 6,516,603: GAS TURBINE TRANSFERRING SURFACE SHIPS. proposed information collection ENGINE SYSTEM WITH WATER ADDRESSES: Requests for copies of the requests prior to submission of these INJECTION.//U.S. Patent No. 6,517,289: patents cited should be directed to: requests to OMB. Each proposed INFLATABLE VIBRATION REDUCING Naval Surface Warfare Center Carderock information collection, grouped by FAIRING.//U.S. Patent No. 6,522,996: Division, Code 0117, 9500 MacArthur office, contains the following: (1) Type NON-STATIONARY/TRANSIENT Blvd, West Bethesda, MD 20817–5700, of review requested, e.g. new, revision, SIGNAL FEATURE EXTRACTION and must include the patent number. extension, existing or reinstatement; (2) SYSTEM.//U.S. Patent No. 6,527,226: FOR FURTHER INFORMATION CONTACT: Mr. Title; (3) Summary of the collection; (4) FLIGHT DECK HANDLING SYSTEM Dick Bloomquist, Director, Technology Description of the need for, and FOR LANDED AIRCRAFT.//U.S. Patent Transfer Office, Naval Surface Warfare proposed use of, the information; (5) No. 6,528,234: II–IV COMPOUNDS AS Center Carderock Division, Code 0117, Respondents and frequency of A MEDIUM FOR OPTICAL DATA 9500 MacArthur Blvd, West Bethesda, collection; and (6) Reporting and/or STORAGE THROUGH FAST MD 20817–5700, telephone (301) 227– Recordkeeping burden. OMB invites PERSISTENT HIGH DENSITY 4299. public comment.

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Dated: August 4, 2003. DEPARTMENT OF ENERGY pipeline in LaFourche Parish, LA. Angela C. Arrington, Discovery also proposes to lease 100,000 Leader, Regulatory Information Management Federal Energy Regulatory dekatherms (Dt) per day of capacity on Group, Office of the Chief Information Officer. Commission approximately 35 miles of Texas [Docket No. CP03–342–000 and Docket No. Eastern’s system from Discovery’s Federal Student Aid CP03–343–000] existing interconnect to the proposed interconnection with Transco. Type of Review: Revision. Discovery Gas Transmission LLC and Discovery proposes to contract for Title: Federal Family Education Loan Discovery Producer Services LLC; compression from DPS to ensure Program Federal Consolidation Loan Notice of Filings adequate compression into the Application and Promissory Note. downstream pipelines at the proposed August 1, 2003. Frequency: One time. new delivery points. Discovery also Take notice that on July 23, 2003, proposes to construct the following Affected Public: Individuals or Discovery Gas Transmission LLC facilities: households; Businesses or other non- (Discovery) 2800 Post Oak Blvd., • 0.4 miles of 20-inch pipeline from profit; Not-for-profit institutions. Houston, Texas, 77056, filed with the the pipeline to be acquired from DPS to Reporting and Recordkeeping Hour Federal Energy Regulatory Commission the pipeline to be acquired from DPH, (Commission) pursuant to Section 7(c) Burden: Inc.; of the Natural Gas Act, and part 157 of • 2.1 miles of 20-inch pipeline from Responses: 263,000. the Commission’s Regulations an Point Au Chien on the pipeline to be Burden Hours: 263,000. abbreviated application to acquire, acquired from DPH, Inc. to the proposed lease, and construct and to own and Abstract: This application form and interconnection with Columbia Gulf; operate certain new delivery points, • promissory note is the means by which 735 feet of 20-inch gas line of an pipeline compression services and interconnecting facility from the end of a borrower applies for a Federal metering and appurtenant facilities to the pipeline to be acquired from DPH, Consolidation Loan and promises to enable Discovery to deliver gas Inc. To a Tennessee platform on which repay the loan, and a lender or guaranty produced offshore to four additional will be located the proposed delivery agency certifies the borrower’s delivery points (Discovery Market point at Tennessee: and eligibility to receive a Consolidation Expansion Project) and therefore to new • Metering, pressure regulating and loan. These documents include markets in Southern Louisiana, all as appurtenant facilities at each of the revisions made in response to comments more fully set forth in the application. proposed Columbia Gulf and Transco received during the 60-day comment Discovery states that the four delivery points and upstream of the period. additional delivery points are proposed proposed Tennessee delivery point. Requests for copies of the submission interconnections with Columbia Gulf Discovery states that in order for it to for OMB review; comment request may Transmission Company (Columbia provide up to 150,000 Dt per day of firm be accessed from http:// Gulf), Gulf South Pipeline Company, service through its Market Expansion facilities, Discovery proposes to edicsweb.ed.gov, by selecting the L.P. (Gulf South), Tennessee Gas Pipeline Company (Tennessee), and purchase 150,000 Dt per day of ‘‘Browse Pending Collections’’ link and Transcontinental Gas Pipe Line compression services from DPS under a by clicking on link number 2265. When Corporation (Transco). Compression Services Agreement. you access the information collection, In conjunction with Discovery’s Discovery states that DPS is currently click on ‘‘Download Attachments’’ to application, Discovery Producer willing to provide this compression view. Written requests for information Services LLC (DPS) filed an abbreviated needed by Discovery for approximately should be addressed to Vivian Reese, application for a limited jurisdiction two cents per Dt, provided that the Department of Education, 400 Maryland certificate to provide the compression Commission issues it a Limited Avenue, SW., Room 4050, Regional services to Discovery as necessary to Jurisdiction Certificate allowing DPS to Office Building 3, Washington, DC provide the services through Discovery’s use any 2 or 3 of its 4 existing leased 20202–4651 or to the e-mail address Market Expansion facilities. Both compressors at any given time for [email protected]. Requests may also applications are on file with the compression needed by Discovery. be electronically mailed to the Internet Commission and open for public Discovery explains that it held a non- address [email protected] or faxed to inspection. The filing is available for binding open season in April 2003 for 202–708–9346. Please specify the review at the Commission in the Public its proposed Market Expansion Project complete title of the information Reference Room or may be viewed on seeking expressions of interest in collection when making your request. the Commission’s Web site at http:// service to the proposed new delivery www.ferc.gov using the ‘‘FERRIS’’ link. points. Discovery asserts that it has Comments regarding burden and/or Enter the docket number excluding the executed or is in the process of the collection activity requirements last three digits in the docket number negotiating binding precedent should be directed to Joseph Schubart at field to access the document. For agreements for 112,000 Dt per day of his e-mail address [email protected]. assistance, please contact FERC Online firm service. Discovery further asserts Individuals who use a Support at that it also expects to ship gas on the telecommunications device for the deaf [email protected] or toll new project on an interruptible basis for (TDD) may call the Federal Information free at (866)208–3676, or for TTY, these and other shippers. Discovery Relay Service (FIRS) at 1–800–877– contact (202) 502–8659. proposes a maximum usage fee for Rate 8339. Discovery proposes to acquire from Schedule FT–2 (Market Expansion) [FR Doc. 03–20223 Filed 8–7–03; 8:45 am] DPH, Inc. approximately 31 miles of service of 7.40 cents per Dt, based on existing, but currently unused, 20-inch firm service billing determinants of BILLING CODE 4000–01–P pipeline in LaFourche and Terrebone 150,000 Dt per day and not based on Parishes, Louisiana and from DPS any allocation of costs to interruptible approximately 0.43 miles of 16-inch service. Discovery states that it also

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seeks approval of 14.80 cents per Dt as the party or parties directly involved in DEPARTMENT OF ENERGY its maximum Rate Schedule IT (Market the protest. Federal Energy Regulatory Expansion) rate and that this rate is Persons who wish to comment only Commission based on a 50 percent load factor on the environmental review of this derivation of Discovery’s Rate Schedule project should submit an original and FT–2 rate. Discovery states that because two copies of their comments to the [Docket No. CP01–409–000 and Docket No. of its usage fee-only design of its Rate CP01–409–000] Schedule FT–2 rate, there is no capacity Secretary of the Commission. being released on Discovery’s system, Environmental commenters will be Tractebel Calypso Pipeline, L.L.C.; and Discovery is totally at risk for the placed on the Commission’s Notice of Availability of the Draft recovery of the cost of its Market environmental mailing list, will receive Environmental Impact Statement and Expansion facilities. copies of environmental documents, Announcement of a Public Comment Any questions regarding the and will be able to participate in Meeting for the Proposed Tractebel application may be directed to Kevin R. meetings associated with the Calypso Pipeline Project Rehm, Vice President, Discovery Gas Commission’s environmental review Transmission LLC, 2800 Post Oak process. Commenters will not be August 1, 2003. Boulevard—Level 36, Houston, Texas required to serve copies of filed The staff of the Federal Energy 77056, at (713) 215–2694, with fax at documents on all other parties. Regulatory Commission (FERC or (713) 215–3050. However, Commenters will not receive Commission) has prepared a Draft There are two ways to become copies of all documents filed by other Environmental Impact Statement (DEIS) involved in the Commission’s review of parties or issued by the Commission, on the natural gas pipeline facilities this project. First, any person wishing to and will not have the right to seek proposed by Tractebel Calypso Pipeline, obtain legal status by becoming a party rehearing or appeal the Commission’s L.L.C. (Tractebel Calypso) in the above- to the proceedings for this project final order to a Federal court. referenced docket. should, on or before the comment date, The DEIS was prepared to satisfy the file with the Federal Energy Regulatory The Commission will consider all requirements of the National Commission, 888 First Street, NE., comments and concerns equally, Environmental Policy Act. The staff Washington, DC 20426, a motion to whether filed by commenters or those concludes that approval of the proposed intervene in accordance with the requesting intervener status. project with the appropriate mitigating requirements of the Commission’s Rules The Commission may issue a measures as recommended, would have of Practice and Procedure (18 CFR preliminary determination on non- limited adverse environmental impact. 385.211 and 385.214) and the environmental issues prior to the The DEIS also evaluates alternatives to regulations under the NGA (18 CFR completion of its review of the the proposal, including system 157.10). A person obtaining party status alternatives, major route alternatives, will be placed on the service list environmental aspects of the project. This preliminary determination and route variations, and requests maintained by the Secretary of the comments on them. Commission and will receive copies of typically considers such issues as the The DEIS addresses the potential all documents filed by the applicant and need for the project and its economic by all other parties. A party must submit effect on existing customers of the environmental effects of the 14 copies of filings made with the applicant, on other pipelines in the area, construction and operation of Commission and must mail a copy to and ion landowners and communities. approximately 42.5 miles of 24-inch- the applicant and to every other party in For example, the Commission considers diameter, interstate natural gas pipeline the proceeding. Only parties to the the extent to which the applicant may extending from a receipt point on the proceeding can ask for court review of need to exercise eminent domain to Exclusive Economic Zone (EEZ) Commission orders in the proceeding. obtain rights-of-way for the proposed boundary between the United States and the Bahamas to delivery points in Comments and protests may be filed project and balances that against the Broward County, Florida. In addition, electronically via the internet in lieu of non-environmental benefits to be associated ancillary facilities proposed paper. See 18 CFR 385.2001(a)(1)(iii) provided by the project. Therefore, if a and the instructions on the to be constructed include two block person has comments on community valves and one meter and pressure Commission’s Web site under the ‘‘e- and landowner impacts from this Filing’’ link. The Commission strongly regulation station/block valve. These proposal, it is important to file pipeline facilities are part of a larger encourages intervenors to file comments or to intervene as early in the electronically. project that involves a nonjurisdictional process as possible. However, a person does not have to LNG facility and natural gas pipeline intervene in order to have comments Comment Date: August 22, 2003. from the liquefied natural gas facility considered. The second way to located near Freeport, Bahamas to the Linda Mitry, participate is by filing with the EEZ boundary that would be Secretary of the Commission, as soon as Acting Secretary. constructed by Tractebel’s subsidiary, possible, an original and two copies of [FR Doc. 03–20251 Filed 8–7–03; 8:45 am] Hawksbill Creek LNG, Ltd. after comments in support of or in opposition BILLING CODE 6717–01–P authorization by the Bahamas to this project. The Commission will Environmental Science and Technology consider these comments in (BEST) Commission. The application for determining the appropriate action to be BEST Commission authorization has not taken, but the filing of a comment alone been filed. will not serve to make the filer a party The purpose of the Tractebel Calypso to the proceeding. The Commission’s Pipeline Project is to transport 832,000 rules require that persons filing dekatherms/day (Dth/day) of natural gas comments in opposition to the project on an annual basis to new markets in provide copies of their protests only to southeastern Florida.

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Comment Procedures and Public staff. The FEIS will contain the staff’s the documents. Go tohttp:// Meeting responses to timely comments filed on www.ferc.gov/esubscribenow.htm. the DEIS. Any person wishing to comment on Linda Mitry, the DEIS may do so. To ensure Comments will be considered by the Acting Secretary. Commission but will not serve to make consideration prior to a Commission [FR Doc. 03–20250 Filed 8–7–03; 8:45 am] decision on the proposal, it is important the commentor a party to the BILLING CODE 6717–01–P that we receive your comments before proceeding. Any person seeking to the date specified below. Please become a party to the proceeding must carefully follow these instructions to file a motion to intervene pursuant to DEPARTMENT OF ENERGY ensure that your comments are received Rule 214 of the Commission’s Rules of in time and properly recorded: Practice and Procedures (18 CFR Federal Energy Regulatory • Send an original and two copies of 385.214). Commission your comments to: Anyone may intervene in this Magalie Salas, Secretary, Federal proceeding based on this DEIS. You Notice of Application Tendered for Energy Regulatory Commission, 888 must file your request to intervene as Filing With the Commission, Soliciting First St., NE., Room 1A, Washington, DC specified above.1 You do not need Additional Study Requests, and 20426; intervenor status to have your Establishing Procedures for • Label one copy of the comments for comments considered. Relicensing and a Deadline for the attention of Gas Branch 3, PJ11.3, Submission of Final Amendments The DEIS has been placed in the • Reference Docket No. CP01–409– public files of the FERC and is available 000; and August 1, 2003. for distribution and public inspection • Mail your comments so that they Take notice that the following at: Federal Energy Regulatory will be received in Washington, DC on hydroelectric application has been filed Commission, Public Reference and Files or before September 15, 2003. with the Commission and is available Please note that we are continuing to Maintenance Branch, 888 First Street, for public inspection. experience delays in mail deliveries NE., Room 2A, Washington, DC 20426, a. Type of Application: New Minor from the U.S. Postal Service. As a result, (202) 502–8371. License. we will include all comments that we A limited number of copies are b. Project No.: 2601–007. receive within a reasonable time frame available from the Public Reference and c. Date Filed: July 22, 2003. in our environmental analysis of this Files Maintenance Branch identified d. Applicant: Duke Power. project. However, the Commission above. In addition, copies of the DEIS e. Name of Project: Bryson Project. strongly encourages electronic filing of have been mailed to Federal, state and f. Location: On the Oconaluftee River, any comments or interventions or local agencies, public interest groups, in Swain County, North Carolina. The protests to this proceeding. See 18 CFR individuals who have requested the project does not affect federal lands. 385.2001(a)(1)(iii) and the instructions DEIS, newspapers, and parties to this g. Filed Pursuant to: Federal Power on the Commission’s Web site at http:/ proceeding. Act 16 U.S.C. 791 (a)–825(r). /www.ferc.gov under the ‘‘e-Filing’’ link Additional information about the h. Applicant Contact: John C. Wishon, and the link to the User’s Guide. Before project is available from the Nantahala Area Relicensing Project you can file comments you will need to Commission’s Office of External Affairs, Manager, Duke Power, 301 NP&L Loop, create a free account which can be at 1–866–208-FERC or on the FERC Franklin, NC 28734, (828) 369–4604, created by clicking on ‘‘Login to File’’ Internet Web site (http:// [email protected]. and then ‘‘New User Account.’’ www.ferc.gov)using the FERRIS link. i. FERC Contact: Allan Creamer at In addition to accepting written and Click on the FERRIS link, enter the (202) 502–8365, or electronically filed comments, one docket number excluding the last three [email protected]. public meeting to receive comments on digits in the Docket Number field. Be j. Cooperating Agencies: We are this DEIS will be held at the following sure you have selected an appropriate asking federal, state, local, and tribal time and location. date range. For assistance with FERRIS, agencies with jurisdiction and/or the FERRIS helpline can be reached at special expertise with respect to Date and time Location 1–866–208–3676, TTY (202) 502–8659 environmental issues to cooperate with or at [email protected]. The us in the preparation of the Monday, September I.T. Parker Commu- environmental document. Agencies who 8, 2003 at 7 pm. nity Center 901 FERRIS link on the FERC Internet Web N.E. Third Street, site also provides access to the texts of would like to request cooperating status Dania Beach, FL formal documents issued by the should follow the instructions for filing 33004 (954) 924– Commission, such as orders, notices, comments described in item l below. 3698. and rulemakings. k. Pursuant to section 4.32(b)(7) of 18 In addition, the Commission now CFR of the Commission’s regulations, if Interested groups and individuals are offers a free service called eSubscription any resource agency, Indian Tribe, or encouraged to attend and present oral which allows you too keep track of all person believes that an additional comments on the environmental formal issuances and submittals in scientific study should be conducted in impacts described in the DEIS. specific dockets. This can reduce the order to form an adequate factual basis Transcripts of the meetings will be amount of time you spend researching for a complete analysis of the prepared. proceedings by automatically providing application on its merit, the resource After these comments are reviewed, you with notification of these filings, agency, Indian Tribe, or person must file any significant new issues are document summaries and direct links to a request for a study with the investigated, and modifications are Commission not later than 60 days from made to the DEIS, a Final 1 Interventions may also be filed electronically via the date of filing of the application, and Environmental Impact Statement (FEIS) the Internet in lieu of paper. See the previous serve a copy of the request on the will be published and distributed by the discussion on filing comments electronically. applicant.

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l. Deadline for Filing Additional living in the Duke Power-Nantahala DEPARTMENT OF ENERGY Study Requests and Requests for Area. Federal Energy Regulatory Cooperating Agency Status: 60 days o. A copy of the application is Commission from the filing date shown in paragraph available for review at the Commission (c), or September 22, 2003. in the Public Reference Room or may be All documents (original and eight Notice of Application Tendered for viewed on the Commission’s Web site at Filing With the Commission, Soliciting copies) should be filed with: Magalie R. http://www.ferc.gov using the ‘‘FERRIS’’ Salas, Secretary, Federal Energy Additional Study Requests, and link. Enter the docket number, Establishing Procedures for Regulatory Commission, 888 First excluding the last three digits in the Street, NE., Washington, DC 20426. The Relicensing and a Deadline for docket number field (P–2601), to access Submission of Final Amendments Commission’s Rules of Practice require the document. For assistance, contact all interveners filing documents with FERC Online Support at August 1, 2003. the Commission to serve a copy of that [email protected], or toll- Take notice that the following document on each person on the official free at 1–866–208–3676, or for TTY, hydroelectric application has been filed service list for the project. Further, if an (202) 502–8659. A copy is also available with the Commission and is available intervener files comments or documents for inspection and reproduction at the for public inspection. with the Commission relating to the address in item h above. a. Type of Application: New Minor merits of an issue that may affect the License. responsibilities of a particular resource You may also register online at http:/ /www.ferc.gov/esubscribenow.htm to be b. Project No.: 2602–005. agency, they must also serve a copy of c. Date Filed: July 22, 2003. the document on that resource agency. notified via email of new filings and issuances related to this or other d. Applicant: Duke Power. Additional study requests may be e. Name of Project: Dillsboro Project. filed electronically via the Internet in pending projects. For assistance, contact FERC Online Support. f. Location: On the Tuckasegee River, lieu of paper. The Commission strongly in Jackson County, North Carolina. The encourages electronic filing. See 18 CFR p. With this notice, we are initiating project does not affect federal lands. 385.2001(a)(1)(iii) and the instructions consultation with the North Carolina g. Filed Pursuant to: Federal Power on the Commission’s Web site (http:// State Historic Preservation Officer Act 16 U.S.C. 791 (a)–825(r) www.ferc.gov) under the ‘‘e-Filing’’ link. (SHPO), as required by Section 106, h. Applicant Contact: John C. Wishon, After logging into the e-Filing system, National Historic Preservation Act, and Nantahala Area Relicensing Project select ‘‘Comment on Filing’’ from the the regulations of the Advisory Council Manager, Duke Power, 301 NP&L Loop, Filing Type Selection screen and on Historic Preservation, 36 CFR 800.4. Franklin, NC 28734, (828) 369–4604, continue with the filing process.’’ q. Procedural schedule and final [email protected]. m. Status: This application is not amendments: The application will be i. FERC Contact: Allan Creamer at ready for environmental analysis at this processed according to the following (202) 502–8365, or time. Hydro Licensing Schedule. Revisions to [email protected]. n. Description of Project: The existing the schedule will be made if the j. Cooperating Agencies: We are Bryson Project operates in a run-of-river Commission determines it necessary to asking federal, state, local, and tribal mode, within a 6-inch tolerance band. do so: agencies with jurisdiction and/or Project operation is dependent on special expertise with respect to available flow in the Oconaluftee River. Action Tentative date environmental issues to cooperate with The project consists of the following us in the preparation of the features: (1) A 341-foot-long, 36-foot- Issue Deficiency Letter .. October 2003. environmental document. Agencies who high concrete multiple arch dam, Issue Acceptance letter December 2003. would like to request cooperating status consisting of, from left to right facing Issue Scoping Document February 2004. should follow the instructions for filing downstream, (a) A concrete, non- 1 for comments. comments described in item l below. overflow section, (b) two gravity Request Additional Infor- April 2004. k. Pursuant to section 4.32(b)(7) of 18 mation. spillway sections, each surmounted by CFR of the Commission’s regulations, if Issue Scoping Document May 2004. a 16.5-foot-wide by 16-foot-high Tainter 2. any resource agency, Indian Tribe, or gate, (c) an uncontrolled multiple-arch Notice of application is August 2004. person believes that an additional spillway with four bays, and (d) a 64.5- ready for environ- scientific study should be conducted in foot-wide powerhouse; (2) a 1.5-mile- mental analysis. order to form an adequate factual basis long, 38-acre impoundment at elevation Notice of the availability February 2005. for a complete analysis of the 1828.41 msl; (3) two intake bays, each of the draft EA. application on its merit, the resource consisting of an 8.5-foot-diameter steel Notice of the availability May 2005. agency, Indian Tribe, or person must file intake pipe with a grated trashrack of the final EA. a request for a study with the having a clear bar spacing of between Ready for Commission’s July 2005. Commission not later than 60 days from 2.25 to 2.5 inches; (4) a powerhouse decision on the appli- the date of filing of the application, and containing two turbine/generating units cation. serve a copy of the request on the (vertical Francis and vertical Leffel applicant. Francis turbines), having an installed Final amendments to the application l. Deadline for Filing Additional capacity of 980 kW; (5) a switchyard, must be filed with the Commission no Study Requests and Requests for with three single-phased transformers; later than 30 days from the issuance Cooperating Agency Status: 60 days and (6) appurtenant facilities. date of this notice. from the filing date shown in paragraph Duke Power estimates that the average (c), or September 22, 2003. annual generation is 5,534,230 kWh Linda Mitry, All documents (original and eight (1942–2002). Duke Power uses the Acting Secretary. copies) should be filed with: Magalie R. Bryson Project facilities to generate [FR Doc. 03–20252 Filed 8–7–03; 8:45 am] Salas, Secretary, Federal Energy electricity for use by retail customers BILLING CODE 6717–01–P Regulatory Commission, 888 First

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Street, NE., Washington, DC 20426. The http://www.ferc.gov using the ‘‘FERRIS’’ DEPARTMENT OF ENERGY Commission’s Rules of Practice require link. Enter the docket number, all interveners filing documents with excluding the last three digits in the Federal Energy Regulatory the Commission to serve a copy of that docket number field (P–2602), to access Commission document on each person on the official the document. For assistance, contact Notice of Application Tendered for service list for the project. Further, if an FERC Online Support at intervener files comments or documents Filing With the Commission, Soliciting [email protected], or toll- Additional Study Requests, and with the Commission relating to the free at 1–866–208–3676, or for TTY, merits of an issue that may affect the Establishing Procedures for (202) 502–8659. A copy is also available Relicensing and a Deadline for responsibilities of a particular resource for inspection and reproduction at the agency, they must also serve a copy of Submission of Final Amendments address in item h above. the document on that resource agency. August 1, 2003. Additional study requests may be You may also register online at http:/ filed electronically via the Internet in /www.ferc.gov/esubscribenow.htm to be Take notice that the following lieu of paper. The Commission strongly notified via email of new filings and hydroelectric application has been filed with the Commission and is available encourages electronic filing. See 18 CFR issuances related to this or other for public inspection. 385.2001(a)(1)(iii) and the instructions pending projects. For assistance, contact a. Type of Application: New Minor on the Commission’s Web site (http:// FERC Online Support. www.ferc.gov) under the ‘‘e-Filing’’ link. License. p. With this notice, we are initiating After logging into the e-Filing system, b. Project No.: 2603–012. select ‘‘Comment on Filing’’ from the consultation with the North Carolina c. Date Filed: July 22, 2003. Filing Type Selection screen and State Historic Preservation Officer d. Applicant: Duke Power. continue with the filing process.’’ (SHPO), as required by Section 106, e. Name of Project: Franklin Project. m. Status: This application is not National Historic Preservation Act, and f. Location: On the Little Tennessee ready for environmental analysis at this the regulations of the Advisory Council River, in Macon County, North Carolina. time. on Historic Preservation, 36 CFR 800.4. The project does not affect federal lands. g. Filed Pursuant to: Federal Power n. Description of Project: The existing q. Procedural schedule and final Act 16 U.S.C. 791 (a)–825(r). Dillsboro Project operates in a run-of- amendments: The application will be river mode, within a 6-inch tolerance h. Applicant Contact: John C. Wishon, processed according to the following Nantahala Area Relicensing Project band. Project operation is dependent on Hydro Licensing Schedule. Revisions to available flow in the Tuckasegee River, Manager, Duke Power, 301 NP&L Loop, the schedule will be made if the which is dependent on Duke Power’s Franklin, NC 28734, (828) 369–4604, Commission determines it necessary to East Fork and West Fork Tuckasegee [email protected]. River projects. The Dillsboro Project do so: i. FERC Contact: Allan Creamer at consists of the following features: (1) A (202) 502–8365, or Action Tentative date 310-foot-long, 12-foot-high concrete [email protected]. j. Cooperating Agencies: We are masonry dam, consisting of, from left to Issue Deficiency Letter .. October 2003. right facing downstream, (a) A concrete, asking federal, state, local, and tribal Issue Acceptance letter December 2003. agencies with jurisdiction and/or non-overflow section, (b) a 14-foot-long Issue Scoping Document February 2004. uncontrolled spillway section, (c) a 20- 1 for comments. special expertise with respect to foot-long spillway section with two 6- Request Additional Infor- April 2004. environmental issues to cooperate with foot-wide spill gates, (d) a 197-foot-long mation. us in the preparation of the uncontrolled spillway section, (e) a Issue Scoping Document May 2004. environmental document. Agencies who 64.5-foot-long powerhouse, (f) an 80- 2. would like to request cooperating status foot-long intake section, and (g) a Notice of application is August 2004. should follow the instructions for filing concrete, non-overflow section; (2) a ready for environ- comments described in item l below. 0.8-mile-long, 15-acre impoundment at mental analysis. k. Pursuant to section 4.32(b)(7) of 18 elevation 1972.00 msl; (3) two intake Notice of the availability February 2005. CFR of the Commission’s regulations, if bays, each consisting of a reinforced of the draft EA. any resource agency, Indian Tribe, or concrete flume and grated trashracks Notice of the availability EA May 2005. person believes that an additional having a clear bar spacing varying from of the final. scientific study should be conducted in 2.0 to 3.38 inches; (4) a powerhouse Ready for Commission’s July 2005. order to form an adequate factual basis decision on the appli- for a complete analysis of the containing two turbine/generating units cation. (vertical Francis and Leffel Type-Z application on its merit, the resource turbines), having an installed capacity agency, Indian Tribe, or person must file of 225 kW; (5) a switchyard, with three Final amendments to the application a request for a study with the single-phased transformers; and (6) must be filed with the Commission no Commission not later than 60 days from appurtenant facilities. later than 30 days from the issuance the date of filing of the application, and Duke Power estimates that the average date of this notice. serve a copy of the request on the annual generation is 912,330 kWh applicant. Linda Mitry, (1958–2002). Duke Power uses the l. Deadline for Filing Additional Dillsboro Project facilities to generate Acting Secretary. Study Requests and Requests for electricity for use by retail customers [FR Doc. 03–20253 Filed 8–7–03; 8:45 am] Cooperating Agency Status: 60 days living in the Duke Power-Nantahala BILLING CODE 6717–01–P from the filing date shown in paragraph Area. (c), or September 22, 2003. o. A copy of the application is All documents (original and eight available for review at the Commission copies) should be filed with: Magalie R. in the Public Reference Room or may be Salas, Secretary, Federal Energy viewed on the Commission’s Web site at Regulatory Commission, 888 First

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Street, NE., Washington, DC 20426. The docket number field (P–2603), to access DEPARTMENT OF ENERGY Commission’s Rules of Practice require the document. For assistance, contact all interveners filing documents with FERC Online Support at Federal Energy Regulatory the Commission to serve a copy of that [email protected], or toll- Commission document on each person on the official free at 1–866–208–3676, or for TTY, Notice of Application Tendered for service list for the project. Further, if an (202) 502–8659. A copy is also available intervener files comments or documents Filing with the Commission, Soliciting for inspection and reproduction at the Additional Study Requests, and with the Commission relating to the address in item h above. merits of an issue that may affect the Establishing Procedures for responsibilities of a particular resource You may also register online at http:/ Relicensing and a Deadline for agency, they must also serve a copy of /www.ferc.gov/esubscribenow.htm to be Submission of Final Amendments notified via email of new filings and the document on that resource agency. August 1, 2003. Additional study requests may be issuances related to this or other filed electronically via the Internet in pending projects. For assistance, contact Take notice that the following lieu of paper. The Commission strongly FERC Online Support. hydroelectric application has been filed with the Commission and is available encourages electronic filing.See 18 CFR p. With this notice, we are initiating 385.2001(a)(1)(iii) and the instructions for public inspection. consultation with the North Carolina a. Type of Application: New Major on the Commission’s Web site (http:// State Historic Preservation Officer www.ferc.gov ) under the ‘‘e-Filing’’ License. (SHPO), as required by Section 106, link. After logging into the e-Filing b. Project No.: 2619–012. system, select ‘‘Comment on Filing’’ National Historic Preservation Act, and c. Date Filed: July 22, 2003. from the Filing Type Selection screen the regulations of the Advisory Council d. Applicant: Duke Power. and continue with the filing process.’’ on Historic Preservation, 36 CFR 800.4. e. Name of Project: Mission Project. m. Status: This application is not q. Procedural schedule and final f. Location: On the Hiwassee River, in Clay County, North Carolina. The ready for environmental analysis at this amendments: The application will be project does not affect federal lands. time. processed according to the following g. Filed Pursuant to: Federal Power n. Description of Project: The existing Hydro Licensing Schedule. Revisions to Act 16 U.S.C. 791 (a)–825(r). Franklin Project operates in a run-of- the schedule will be made if the river mode, within a 6-inch tolerance h. Applicant Contact: John C. Wishon, Commission determines it necessary to Nantahala Area Relicensing Project band. Project operation is dependent on do so: available flow in the Little Tennessee Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734, (828) 369–4604, River. The Franklin Project consists of Action Tentative date the following features: (1) A 462.5-foot- [email protected]. long, 35.5-foot-high concrete masonry Issue Deficiency Letter .. October 2003. i. FERC Contact: Allan Creamer at dam, consisting of, from left to right Issue Acceptance letter December 2003. (202) 502–8365, or facing downstream, (a) A 15-foot-long Issue Scoping Document February 2004. [email protected]. non-overflow section, (b) a 54-foot-long 1 for comments. j. Cooperating Agencies: We are ungated Ogee spillway, (c) a 181.5-foot- Request Additional Infor- April 2004. asking federal, state, local, and tribal long gated spillway section, having six mation. agencies with jurisdiction and/or gated, ogee spillway bays, (d) a 54-foot- Issue Scoping Document May 2004. special expertise with respect to long ungated Ogee spillway, (e) a 25- 2. environmental issues to cooperate with foot-long non-overflow section, (f) a 63- Notice of application is August 2004. us in the preparation of the foot-long powerhouse, and (g) a 70-foot- ready for environ- environmental document. Agencies who long non-overflow section; (2) a 4.6- mental analysis. would like to request cooperating status mile-long, 174-acre impoundment at Notice of the availability February 2005. should follow the instructions for filing elevation 2000.22 msl; (3) three intake of the draft EA. comments described in item l below. bays, each consisting of a flume and Notice of the availability May 2005. k. Pursuant to section 4.32(b)(7) of 18 of the final EA. grated trashracks having a clear bar CFR of the Commission’s regulations, if Ready for Commission’s July 2005. any resource agency, Indian Tribe, or spacing of 3 inches; (4) a powerhouse decision on the appli- containing two turbine/generating units cation. person believes that an additional (vertical Leffel Type-Z turbines), having scientific study should be conducted in an installed capacity of 1,040 kW; (5) a order to form an adequate factual basis switchyard, with a single three-phase Final amendments to the application for a complete analysis of the transformer; and (6) appurtenant must be filed with the Commission no application on its merit, the resource facilities. later than 30 days from the issuance agency, Indian Tribe, or person must file Duke Power estimates that the average date of this notice. a request for a study with the annual generation is 5,313,065 kWh Linda Mitry, Commission not later than 60 days from (1941–2002). Duke Power uses the the date of filing of the application, and Acting Secretary. Franklin Project facilities to generate serve a copy of the request on the electricity for use by retail customers [FR Doc. 03–20254 Filed 8–7–03; 8:45 am] applicant. living in the Duke Power-Nantahala BILLING CODE 6717–01–P l. Deadline for Filing Additional Area. Study Requests and Requests for o. A copy of the application is Cooperating Agency Status: 60 days available for review at the Commission from the filing date shown in paragraph in the Public Reference Room or may be (c), or September 22, 2003. viewed on the Commission’s Web site at All documents (original and eight http://www.ferc.gov using the ‘‘FERRIS’’ copies) should be filed with: Magalie R. link. Enter the docket number, Salas, Secretary, Federal Energy excluding the last three digits in the Regulatory Commission, 888 First

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Street, NE., Washington, DC 20426. The the document. For assistance, contact Weekly receipt of Environmental Impact Commission’s Rules of Practice require FERC Online Support at Statements all interveners filing documents with [email protected], or toll- Filed July 28, 2003 Through August 01, the Commission to serve a copy of that free at 1–866–208–3676, or for TTY, 2003 document on each person on the official (202) 502–8659. A copy is also available Pursuant to 40 CFR 1506.9. service list for the project. Further, if an for inspection and reproduction at the EIS No. 030354, Draft EIS, FHW, MO, intervener files comments or documents address in item h above. U.S. Route 40/61 Bridge Location with the Commission relating to the You may also register online at http:/ Study Over the Missouri River, merits of an issue that may affect the /www.ferc.gov/esubscribenow.htm to be Improvement to Transportation responsibilities of a particular resource notified via e-mail of new filings and System, Section 9 of the Rivers and agency, they must also serve a copy of issuances related to this or other Harbor Act Permit, and U.S. Army the document on that resource agency. pending projects. For assistance, contact COE Section 10 and 404 Permits, Additional study requests may be FERC Online Support. Missouri River, St. Charles and St. filed electronically via the Internet in p. With this notice, we are initiating Louis Counties, MO, Comment Period lieu of paper. The Commission strongly consultation with the North Carolina Ends: September 26, 2003, Contact: encourages electronic filing.See 18 CFR State Historic Preservation Officer Donald Neumann (573) 636–7104. 385.2001(a)(1)(iii) and the instructions (SHPO), as required by Section 106, EIS No. 030355, Draft EIS, COE, AK, on the Commission’s Web site (http:// National Historic Preservation Act, and King Cove Access Project, To Provide www.ferc.gov) under the ‘‘e-Filing’’ link. the regulations of the Advisory Council a Transportation System between the After logging into the e-Filing system, on Historic Preservation, 36 CFR 800.4. City of King Cove and the Cold Bay select ‘‘Comment on Filing’’ from the q. Procedural schedule and final Airport, Aleutians East Borough Filing Type Selection screen and amendments: The application will be (AEB), Section 10 and 404 Permits, continue with the filing process.’’ processed according to the following m. Status: This application is not Alaska Peninsula, AK, Comment Hydro Licensing Schedule. Revisions to Period Ends: September 22, 2003, ready for environmental analysis at this the schedule will be made if the time. Contact: Lloyd H. Fanter (907) 753– Commission determines it necessary to 2712. This document is available on n. Description of Project: The existing do so: Mission Project operates in a run-of- the Internet at: http:// river mode, within a 6-inch tolerance Action Tentative date www.kingcoveaccesseis.com. band. Project operation is dependent on EIS No. 030356, Final EIS, FHW, PA, available flow in the Hiwassee River, Issue Deficiency Letter .. October 2003. Central Susquehanna Valley with is regulated by TVA’s Chatuge Issue Acceptance letter December 2003. Transportation Project, Improve dam. The Mission Project consists of the Issue Scoping Document February 2004. Transportation, PA 0015 Section 088, following features: (1) A 397-foot-long, 1 for comments. Funding and COE Section 404 Permit, Request Additional Infor- April 2004. 50-foot-high concrete gravity dam, Snyder, Northumberland and Union mation. Counties, PA, Wait Period Ends: consisting of, from left to right facing Issue Scoping Document May 2004. downstream, (a) Three bulkhead 2. September 10, 2003, Contact: James A. sections, (b) seven ogee spillway Notice of application is August 2004. Cheatham (717) 221–3461. sections, surmounted by 14-foot-high by ready for environ- EIS No. 030357, Final Supplement, AFS, 16-foot-wide gates, (c) four bulkhead mental analysis. UT, Long Deer Vegetation sections, (d) a powerhouse intake Notice of the availability February 2005. Management Project, South Spruce structure, and (e) four bulkhead of the draft EA. Ecosystem Rehabilitation Project, sections; (2) a 47-acre impoundment at Notice of the availability May 2005. Implementation, Dixie National elevation 1658.17 msl; (3) three intake of the final EA. Forest, Cedar City Ranger District, Ready for Commission’s July 2005. Iron and Kane Counties, UT, Wait bays, each consisting of an 8-foot- decision on the appli- diameter steel-cased penstock and a cation. Period Ends: September 08, 2003, grated trashrack having a clear bar Contact: Ronald S. Wilson (435) 865– spacing of between 2.25 to 2.5 inches; Final amendments to the application 3200. (4) a powerhouse containing three must be filed with the Commission no EIS No. 030358, Draft EIS, BLM, UT, turbine/generating units (vertical later than 30 days from the issuance Uinta Basin Natural Gas Project, Francis turbines), having an installed date of this notice. Proposed to Produce and Transport capacity of 1,800 kW; (5) a switchyard, Natural Gas in the Atchee Wash Oil with a single three-phase transformer; Linda Mitry, and Gas Production Region, Resource and (6) appurtenant facilities. Acting Secretary. Development Group, Right-of-Way Duke Power estimates that the average [FR Doc. 03–20255 Filed 8–7–03; 8:45 am] Grant, U.S. Army COE Section 404 annual generation is 8,134,370 kWh BILLING CODE 6717–01–P Permit and Endangered Species Act (1941–2002). Duke Power uses the Permit, Uintah County, Utah, Mission Project facilities to generate Comment Period Ends: September 22, electricity for use by retail customers ENVIRONMENTAL PROTECTION 2003, Contact: Jean Nitschke Sinclear living in the Duke Power-Nantahala AGENCY (435) 781–4400. This document is Area. available on the Internet at: o. A copy of the application is (ER–FRL–6642–7) http://www.blm.gov/utah/vernal. available for review at the Commission Environmental Impact Statements; EIS No. 030359, Final EIS, COE, CA, in the Public Reference Room or may be Notice of Availability Imperial Beach Shore Protection viewed on the Commission’s Web site at Project, Shore Protection and http://www.ferc.gov using the ‘‘FERRIS’’ Responsible Agency: Office of Federal Prevention of Damage to Adjacent link. Enter the docket number, Activities, General Information (202) Beachfront Structures, Silver Strand excluding the last three digits in the 564–7167 or http//www.epa.gov/ Shoreline, City of Imperial Beach, San docket number field (P–2619), to access compliance/nepa. Diego County, CA, Wait Period Ends:

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September 8, 2003, Contact: Joy Counties, MN, Comment Period Ends: U.S. foreign commerce to be effective Jaiswal (213) 452–3851. September 11, 2003, Contact: Duane upon publication, without regard to EIS No. 030360, Draft EIS, AFS, OR, Lula (218) 626–4300. Revision of FR whether they are the same as or lower Monument Fire Recovery Project and Notice Published on 5/9/2003: CEQ than competing carriers’ rates. Proposed Non Significant Forest Plan Comment Period Ending 8/6/2003 has In order for the Commission to make Amendments, Implementing Four been Extended to 9/11/2003. Alternatives for Recovery, Malheur a thorough evaluation of the Petition, Dated: August 5, 2003. National Forest, Prairie City Ranger interested persons are requested to District, Grant and Baker Counties, B. Katherine Biggs, submit views or arguments in reply to OR, Comment Period Ends: Associate Director, NEPA Compliance the Petition no later than August 25, September 23, 2003, Contact: Ryan Division, Office of Federal Activities. 2003. Replies shall consist of an original Falk (541) 820–3800. This document [FR Doc. 03–20308 Filed 8–7–03; 8:45 am] and 15 copies, be directed to the is available on the Internet at: BILLING CODE 6560–50–U Secretary, Federal Maritime http://www.fs.fed.us/R2/malheur/ Commission, 800 North Capitol Street, monument. NW., Washington, DC 20573–0001, and EIS No. 030361, Final EIS, AFS, ID, UT, FEDERAL COMMUNICATIONS be served on Petitioner’s counsel: Brett OR, Boise National Forest, Payette COMMISSION M. Esber, Esquire, Blank Rome LLP, National Forest and Sawtooth [Report No. 2618] Watergate 600 Avenue, National Forest, Forest Plan Revision, NW., Washington, DC 20037. It is also Implementation, Southwest Petitions for Clarification of Action in requested that a copy of the reply be Ecogroup, several counties, ID, Rulemaking Proceeding submitted in electronic form Malhaur County, OR and Box Elder (WordPerfect, Word or ASCII) on County, UT, Wait Period Ends: August 4, 2003. diskette or e-mailed to September 8, 2003, Contact: Joey Petitions for Clarification have been [email protected]. Pearson (208) 373–4145. filed in the Commission’s Rulemaking EIS No. 030362, Draft EIS, FRC, FL, proceeding listed in this Public Notice Copies of the Petition are available at Tractebel Calypso Pipeline Project, To and published pursuant to 47 CFR the Office of the Secretary, Federal Provide Natural Gas Transportation 1.429(e). The full text of this document Maritime Commission, 800 North Service for 832,000 dekatherms/day is available for viewing and copying in Capitol Street, NW., Room 1046. A copy (Dth/day) to South Florida, Room CY–A257, 445 12th Street, SW., may also be obtained by sending a Endangered Species Act, Right-of- Washington, DC or may be purchased request to [email protected] or by Way, U.S. Army COE Section 10 and from the Commission’s copy contractor, calling 202–523–5725. Parties 404 Permits and Exclusive Economic Qualex International (202) 863–2893. participating in this proceeding may Zone (EEZ) with the Bahamas, Fort Oppositions to these petitions must be elect to receive service of the Lauderdale, Broward County, FL, filed by August 25, 2003. See § 1.4(b)(1) Commission’s issuances in this Comment Period Ends: September 22, of the Commission’s rules (47 CFR proceeding through e-mail in lieu of 2003, Contact: Thomas Russo (202) 1.4(b)(1)). Replies to an opposition must service by U.S. mail. A party opting for 502–8004. This document is available be filed within 10 days after the time for electronic service shall advise the Office on the Internet at: http:// filing oppositions have expired. of the Secretary in writing and provide www.ferc.gov. Subject: In the Matter of Schools and an e-mail address where service can be EIS No. 030363, Final EIS, AFS, OR, Libraries Universal Service Support made. Steamboat Mountain Mining Mechanism (CC Docket No. 02–6). Operations, Surface Quarry or ‘‘Open Number of Petitions Filed: 2. By the Commission. Pit’’ Mineral Extraction, Plan-of- Karen V. Gregory, Operation Approval, Appelgate Marlene H. Dortch, Secretary. Acting Assistant Secretary. Adaptive Management Area, Rogue [FR Doc. 03–20224 Filed 8–7–03; 8:45 am] River National Forest, Applegate [FR Doc. 03–20215 Filed 8–7–03; 8:45 am] BILLING CODE 6730–01–P Ranger District, Jackson County, OR, BILLING CODE 6712–01–M Wait Period Ends: September 8, 2003, Contact: Bengf Hamner (541) 858– FEDERAL MARITIME COMMISSION 2304. FEDERAL MARITIME COMMISSION EIS No. 030364, Final EIS, FTA, HI, [Petition No. P4–03] Oahu Primary Corridor [Petition P1–03] Transportation Project, Improvements Petition of China Shipping Container Petition of China Shipping Container from Kapolei in the west to the Lines Co., Ltd., for Permanent Full University of Hawaii-Manoa and Lines Co., Ltd. for a Limited Exemption Exemption From Section 9(C) of the From Section 9(c) of the Shipping Act Waikiki in the east, Major Investment Shipping Act of 1984; Notice of Filing Study, In the City and County of of 1984; Notice of Discontinuance Honolulu, HI, Wait Period Ends: Notice is hereby given that China September 8, 2003, Contact: Donna Shipping Container Lines Co., Ltd. The Commission has received notice Turchie (415) 744–2737. (‘‘Petitioner’’) has petitioned, pursuant that the Petitioner in this matter is to section 16 of the Shipping Act of withdrawing its Petition due to changed Amended Notices 1984, 46 U.S.C. app. 1715; and 46 CFR circumstances. Therefore this EIS No. 030196, Draft EIS, AFS, MN, 502.69, for a permanent full exemption proceeding is discontinued. Chippewa and Superior National from the 30-day waiting period Forests Land and Resource requirement of Section 9(c) of the 1984 Karen V. Gregory, Management Plans Revision, Act, 46 U.S.C. app. 1708(c). Petitioner Acting Assistant Secretary. Implementation, Beltrami, Cass, seeks an exemption so that it can [FR Doc. 03–20225 Filed 8–7–03; 8:45 am] Itasca, Cook, Lake and St. Louis lawfully publish rate decreases in all BILLING CODE 6730–01–P

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FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Discrimination Affecting Limited System, August 4, 2003. English Proficient Persons’’ (‘‘Revised Formations of, Acquisitions by, and Jennifer J. Johnson, HHS LEP Guidance’’). This guidance Mergers of Bank Holding Companies Secretary of the Board. was originally published on August 30, [FR Doc. 03–20242 Filed 8–7–03; 8:45 am] 2000, and included a 60-day comment The companies listed in this notice BILLING CODE 6210–01–S period. See 65 FR 52762. This original have applied to the Board for approval, guidance was republished for additional pursuant to the Bank Holding Company comment on February 1, 2002, pursuant Act of 1956 (12 U.S.C. 1841 et seq.) DEPARTMENT OF HEALTH AND to a memorandum issued by the United (BHC Act), Regulation Y (12 CFR Part HUMAN SERVICES States Department of Justice on October 225), and all other applicable statutes 26, 2001. See 67 FR 4968. and regulations to become a bank Guidance to Federal Financial On March 14, 2002, the Office of holding company and/or to acquire the Assistance Recipients Regarding Title Management and Budget (OMB) issued assets or the ownership of, control of, or VI Prohibition Against National Origin a Report to Congress entitled the power to vote shares of a bank or Discrimination Affecting Limited ‘‘Assessment of the Total Benefits and bank holding company and all of the English Proficient Persons Costs of Implementing Executive Order banks and nonbanking companies No. 13166: Improving Access to owned by the bank holding company, AGENCY: Health and Human Services, Services for Persons with Limited including the companies listed below. HHS. English Proficiency.’’ Among other The applications listed below, as well ACTION: Policy guidance document. things, the Report recommended the as other related filings required by the adoption of uniform guidance across all SUMMARY: The Department of Health and federal agencies, with flexibility to Board, are available for immediate Human Services (HHS) publishes permit tailoring to each agency’s inspection at the Federal Reserve Bank revised Guidance to Federal Financial specific recipients. Consistent with this indicated. The application also will be Assistance Recipients Regarding Title VI OMB recommendation, DOJ published available for inspection at the offices of Prohibition Against National Origin LEP Guidance for DOJ recipients, which the Board of Governors. Interested Discrimination Affecting Limited was drafted and organized to also persons may express their views in English Proficient Persons (‘‘Revised function as a model for similar guidance writing on the standards enumerated in HHS LEP Guidance’’). This revised HHS documents by other Federal grant- the BHC Act (12 U.S.C. 1842(c)). If the LEP Guidance is issued pursuant to making agencies. See 67 FR 41455 (June proposal also involves the acquisition of Executive Order 13166. HHS is seeking 18, 2002). a nonbanking company, the review also comment on the revised HHS LEP This revised HHS LEP Guidance includes whether the acquisition of the Guidance for a 120-day period ending reflects consideration of the comments nonbanking company complies with the on January 6, 2004. standards in section 4 of the BHC Act received and the subsequent guidance of DATES: (12 U.S.C. 1843). Unless otherwise This Guidance is effective DOJ. HHS welcomes comments from the noted, nonbanking activities will be immediately. Comments must be public on the revised guidance conducted throughout the United States. submitted on or before January 6, 2004. document, and has announced the Additional information on all bank HHS will review all comments and will extended comment period to encourage holding companies may be obtained determine if modifications to the comment from the public and from from the National Information Center Guidance are necessary. This Guidance recipients regarding experience in Web site at www.ffiec.gov/nic/. supplants existing guidance on the same applying this revised guidance. subject originally published at 65 FR Following the comment period, HHS Unless otherwise noted, comments 52762 (August 30, 2000). regarding each of these applications will evaluate whether further revisions ADDRESSES: Comments should be must be received at the Reserve Bank to the guidance are necessary or addressed to Deeana Jang with indicated or the offices of the Board of appropriate. ‘‘Attention: LEP Comments,’’ and Governors not later than September 4, The text of the guidance appears should be sent to 200 Independence 2003. below. Appendix A to the guidance is Avenue, SW, Room 506F, Washington, a series of questions and answers that A. Federal Reserve Bank of Atlanta DC 20201. Comments may also be provides a useful summary of a number (Sue Costello, Vice President) 1000 submitted by e-mail at of the major aspects of the guidance. Peachtree Street, N.E., Atlanta, Georgia [email protected]. It has been determined that this 30309–4470: FOR FURTHER INFORMATION CONTACT: revised HHS LEP Guidance does not 1. Community Capital Bancshares, Onelio Lopez at the Office for Civil constitute a regulation subject to the Inc., Albany, Georgia; to acquire 100 Rights, U.S. Department of Health and rulemaking requirements of the percent of the voting shares of First Human Services, 200 Independence Administrative Procedure Act, 5 U.S.C. Bank of Dothan, Dothan, Alabama. Avenue, SW, Room 506F, Washington, 553, and is not subject to Executive B. Federal Reserve Bank of Dallas DC 20201, addressed with ‘‘Attention: Order 12866 (Regulatory Review and (W. Arthur Tribble, Vice President) 2200 LEP Comments;’’ telephone 202–205– Planning, September 30, 1993). North Pearl Street, Dallas, Texas 75201– 0192; TDD: toll-free 1–800–537–7697. Dated: August 4, 2003. 2272: Arrangements to receive the policy in an Richard M. Campanelli, 1. North American Bancshares, Inc., alternative format may be made by Director, Office for Civil Rights. Sherman, Texas; to acquire 100 percent contacting the named individual. of the voting shares of Pioneer SUPPLEMENTARY INFORMATION: The I. Background and Legal History Bankshares, Inc., Fredericksburg, Texas, United States Department of Health and Section 601 of Title VI of the Civil and thereby indirectly acquire Pioneer II Human Services (HHS) is publishing Rights Act of 1964, 42 U.S.C. 2000d, Bankshares, Inc., Dover, Delaware, and revised ‘‘Guidance to Federal Financial provides that no person shall ‘‘on the Pioneer National Bank, Fredericksburg, Assistance Recipients Regarding Title VI ground of race, color, or national origin, Texas. Prohibition Against National Origin be excluded from participation in, be

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denied the benefits of, or be subjected guidance document addressed to memorandum from Ralph F. Boyd, Jr., to discrimination under any program or ‘‘Executive Agency Civil Rights the Department republished, on activity receiving Federal financial Officers’’ setting forth general principles February 1, 2002, its existing guidance assistance.’’ Section 602 authorizes and for agencies to apply in developing document for additional public directs federal agencies that are guidance documents for recipients comment. ‘‘Office for Civil Rights; Title empowered to extend federal financial pursuant to the Executive Order. VI of the Civil Rights Act of 1964; Policy assistance to any program or activity ‘‘to ‘‘Enforcement of Title VI of the Civil Guidance on the Prohibition Against effectuate the provisions of [section 601] Rights Act of 1964 National Origin National Origin Discrimination As It * * * by issuing rules, regulations, or Discrimination Against Persons With Affects Persons With Limited English orders of general applicability.’’ 42 Limited English Proficiency,’’ 65 FR Proficiency,’’ 67 FR 4968 (February 1, U.S.C. 2000d–1. 50123 (August 16, 2000) (‘‘DOJ LEP 2002). Department of Health and Human Federal Guidance’’). II. Revised HHS LEP Guidance Services regulations promulgated Subsequently, federal agencies raised pursuant to section 602 forbid recipients questions regarding the requirements of Following republication of our from ‘‘utiliz[ing] criteria or methods of the Executive Order, especially in light guidance in February 2002, the administration which have the effect of of the Supreme Court’s decision in Department received nearly 200 public subjecting individuals to discrimination Alexander v. Sandoval, 532 U.S. 275 comments. Most comments were in full because of their race, color, or national (2001). On October 26, 2001, Ralph F. support of the principles behind the origin, or have the effect of defeating or Boyd, Jr., Assistant Attorney General for HHS Guidance, and a number supported substantially impairing accomplishment the Civil Rights Division, issued a maintaining the guidance without of the objectives of the program with memorandum for ‘‘Heads of change. While the comments reflected respect to individuals of a particular Departments and Agencies, General recognition that effective race, color, or national origin.’’ 45 CFR Counsels and Civil Rights Directors.’’ communication is critical for necessary 80.3(b)(2). This memorandum clarified and health and human services, many The Supreme Court, in Lau v. reaffirmed the DOJ LEP guidance for commentors raised serious concerns Nichols, 414 U.S. 563 (1974), recipients of DOJ federal financial about coverage, compliance costs, and interpreted regulations promulgated by assistance in light of Sandoval.1 The use of family and friends as interpreters. the former Department of Health, Assistant Attorney General stated that In addition, many providers of services Education, and Welfare (HHS’s because Sandoval did not invalidate any requested assistance from the Office for predecessor), 45 CFR 80.3(b)(2), to hold Title VI regulations that proscribe Civil Rights on how to comply with that Title VI prohibits conduct that has conduct that has a disparate impact on both general and specific provisions of a disproportionate effect on LEP persons covered groups—the types of the guidance. On July 8, 2002, Assistant Attorney because such conduct constitutes regulations that form the legal basis for General Boyd issued a memorandum national-origin discrimination. In Lau, a the part of Executive Order 13166 that expressing the need for consistency San Francisco school district that had a applies to federally assisted programs across federal agency LEP guidance significant number of non-English and activities—the Executive Order documents. Specifically, he requested speaking students of Chinese origin was remains in force. that the Department (and all other required to take reasonable steps to Consistent with Executive Order affected agencies) use the DOJ LEP provide them with a meaningful 13166, HHS developed its own guidance guidance (published at 67 FR 41455, opportunity to participate in federally document for recipients and initially June 18, 2002) as a model, and revise funded educational programs. issued it on August 30, 2000. ‘‘Title VI On August 11, 2000, Executive Order and republish the HHS guidance based of the Civil Rights Act of 1964; Policy 13166 was issued. ‘‘Improving Access to on that model for public comment. Guidance on the Prohibition Against Services for Persons with Limited The DOJ’s role under Executive Order National Origin Discrimination As It English Proficiency,’’ 65 FR 50121 13166 is unique. The Executive Order Affects Persons With Limited English (August 16, 2000). Under that order, charges DOJ with responsibility for Proficiency,’’ 65 FR 52762 (August 30, every federal agency that provides providing LEP Guidance to other 2000) (‘‘HHS Guidance’’). Following the financial assistance to non-federal Federal agencies and for ensuring instructions in the October 26, 2001 entities must publish guidance on how consistency among each agency-specific their recipients can provide meaningful guidance. DOJ’s guidance stated the 1 The memorandum noted that some access to LEP persons and thus comply commentators had interpreted Sandoval as following principles. ‘‘Consistency with Title VI regulations forbidding impliedly striking down the disparate-impact among Departments of the federal funding recipients from ‘‘restrict[ing] an regulations promulgated under Title VI that form government is particularly important. individual in any way in the enjoyment the basis for the part of Executive Order 13166 that Inconsistency or contradictory guidance applies to federally assisted programs and activities. of any advantage or privilege enjoyed by See, e.g., Sandoval, 532 U.S. at 286, 286 n.6 (‘‘[W]e could confuse recipients of federal others receiving any service, financial assume for purposes of this decision that section funds and needlessly increase costs aid, or other benefit under the program’’ 602 confers the authority to promulgate disparate- without rendering the meaningful or from ‘‘utiliz[ing] criteria or methods impact regulations; . . . We cannot help observing, access for LEP persons that this however, how strange it is to say that disparate- of administration which have the effect impact regulations are ‘inspired by, at the service Guidance is designed to address. As of subjecting individuals to of, and inseparably intertwined with Sec. 601 * * * with most government initiatives, this discrimination because of their race, when Sec. 601 permits the very behavior that the requires balancing several principles. color, or national origin, or have the regulations forbid.’’). The memorandum, however, While this Guidance discusses that made clear that DOJ disagreed with the effect of defeating or substantially commentators’ interpretation. DOJ stated that balance in some detail, it is important impairing accomplishment of the Sandoval holds principally that there is no private to note the basic principles behind that objectives of the program as respects right of action to enforce Title VI disparate-impact balance. First, we must ensure that individuals of a particular race, color, or regulations. It did not address the validity of those federally assisted programs aimed at the regulations or Executive Order 13166, or otherwise national origin.’’ limit the authority and responsibility of federal American public do not leave some On that same day, the Department of grant agencies to enforce their own implementing behind simply because they face Justice (‘‘DOJ’’) issued a general regulations. challenges communicating in English.

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This is of particular importance origin discrimination. Specifically, the Recipients of HHS assistance do not because, in many cases, LEP individuals failure of a recipient of Federal financial include, for example, providers who form a substantial portion of those assistance from HHS to take reasonable only receive Medicare Part B payments.4 encountered in federally assisted steps to provide LEP persons with Subrecipients likewise are covered programs. Second, we must achieve this meaningful opportunity to participate in when federal funds are passed through goal while finding constructive methods HHS-funded programs may constitute a from one recipient to a subrecipient. to reduce the costs of LEP requirements violation of Title VI and HHS’s Coverage extends to a recipient’s on small businesses, small local implementing regulations. The purpose entire program or activity, i.e., to all governments, or small non-profits that of this policy guidance is to assist parts of a recipient’s operations. This is receive federal financial assistance.’’ recipients in fulfilling their true even if only one part of the HHS believes that the DOJ model responsibilities to provide meaningful recipient receives the federal guidance responds to the important access to LEP persons under existing assistance.5 issues raised in comments on the HHS law. This policy guidance clarifies Example: HHS provides assistance to document published in February, and existing legal requirements for LEP a state department of health to provide the Department is confident that the persons by providing a description of immunizations for children. All of the DOJ LEP Guidance serves as an the factors recipients should consider in operations of the entire state department appropriate model for HHS to adopt. fulfilling their responsibilities to LEP of health—not just the particular The Department notes that it has made persons.2 These are the same criteria immunization programs—are covered. certain modifications for purposes of HHS will use in evaluating whether Finally, some recipients operate in clarity and organization, and a few recipients are in compliance with Title jurisdictions in which English has been additional modifications to VI and the Title VI regulations. declared the official language. accommodate particular programmatic Nonetheless, these recipients continue III. Who Is Covered? needs and purposes. to be subject to federal non- There are many productive steps that Department of Health and Human discrimination requirements, including the federal government, either Services regulations, 45 CFR 80.3(b)(2), those applicable to the provision of collectively or as individual agencies, require all recipients of federal financial federally assisted services to persons can take to help recipients reduce the assistance from HHS to provide with limited English proficiency. costs of language services without meaningful access to LEP persons.3 sacrificing meaningful access for LEP Federal financial assistance includes IV. Who Is a Limited English Proficient persons. Without these steps, certain grants, training, use of equipment, Individual? smaller recipients of Federal financial donations of surplus property, and other Individuals who do not speak English assistance may well choose not to assistance. as their primary language and who have participate in federally assisted Recipients of HHS assistance may a limited ability to read, write, speak, or programs, threatening the critical include, for example: understand English may be limited functions that the programs strive to • Hospitals, nursing homes, home English proficient, or ‘‘LEP,’’ and may provide. To that end, the Department health agencies, and managed care be eligible to receive language assistance plans to continue to provide assistance organizations. with respect to a particular type of and guidance in this important area. In • Universities and other entities with service, benefit, or encounter. addition, HHS plans to work with health or social service research Examples of populations likely to representatives of state health and social include LEP persons who are service agencies, hospital associations, programs. • encountered and/or served by HHS medical and dental associations, State, county, and local health recipients and should be considered managed care organizations, and LEP agencies. • when planning language services may persons to identify and share model State Medicaid agencies. • State, county and local welfare include such as those: plans, examples of best practices, and • cost-saving approaches. Moreover, HHS agencies. Persons seeking Temporary • intends to explore how language Programs for families, youth, and Assistance for Needy Families (TANF), children. and other social services. assistance measures, resources and cost- • containment approaches developed • Head Start programs. Persons seeking health and health- • Public and private contractors, related services. with respect to its own federally • conducted programs and activities can subcontractors and vendors. Community members seeking to be effectively shared or otherwise made • Physicians and other providers who participate in health promotion or receive Federal financial assistance from awareness activities. available to recipients, particularly • small businesses, small local HHS. Persons who encounter the public governments, and small non-profits. An health system. interagency working group on LEP has 2 The policy guidance is not a regulation but developed a Web site, http:// rather a guide. Title VI and its implementing 4 HHS’s Title VI regulations do not apply to (i) regulations require that recipients take reasonable Any federal financial assistance by way of www.lep.gov, to assist in disseminating steps to ensure meaningful access by LEP persons. insurance or guaranty contracts, (ii) the use of any this information to recipients, federal This guidance provides an analytical framework assistance by any individual who is the ultimate agencies, and the communities being that recipients may use to determine how best to beneficiary under any program which receives served. comply with statutory and regulatory obligations to federal financial assistance, and (iii) any As discussed earlier, in certain provide meaningful access to the benefits, services, employment practice, under any such program, or information, and other important portions of their any employer, employment agency, or labor circumstances, the failure to ensure that programs and activities for individuals who are organization, except as otherwise described in the LEP persons can effectively participate limited English proficient. Title VI regulations. 45 CFR 80.2. in, or benefit from, federally-assisted 3 Pursuant to Executive Order 13166, the 5 However, if a federal agency were to decide to programs and activities may violate the meaningful access requirement of the Title VI terminate federal funds based on noncompliance regulations and the four-factor analysis set forth in with Title VI or its implementing regulations, only prohibition under Title VI of the Civil the DOJ LEP Guidance are to apply additionally to funds directed to the particular program or activity Rights Act of 1964, 42 U.S.C. 2000d, and the programs and activities of federal agencies, that is out of compliance could be terminated. 42 the Title VI regulations against national including HHS. U.S.C. 2000d–1.

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• Parents and legal guardians of eligible service population. The greater recipient’s program, activity, or service, minors eligible for coverage concerning the number or proportion of these LEP were language services provided. such programs. persons, the more likely language services are needed. Ordinarily, persons (2) The Frequency With Which LEP V. How Does a Recipient Determine the ‘‘eligible to be served, or likely to be Individuals Come in Contact With the Extent of Its Obligation To Provide LEP directly affected, by’’ a recipient’s Recipient’s Program, Activity or Service Services? program or activity are those who are Recipients should assess, as Recipients are required to take served or encountered in the eligible accurately as possible, the frequency reasonable steps to ensure meaningful service population. This population will with which they have or should have access to their programs and activities be program-specific, and includes by LEP persons. While designed to be a persons who are in the geographic area contact with an LEP individual from flexible and fact-dependent standard, that has been approved by a federal different language groups seeking the starting point is an individualized grant agency as the recipient’s service assistance. The more frequent the assessment that balances the following area. However, where, for instance, a contact with a particular language four factors: (1) The number or particular office of the county or city group, the more likely that enhanced proportion of LEP persons eligible to be health department serves a large LEP language services in that language are served or likely to be encountered by population, the appropriate service area needed. The steps that are reasonable the program or grantee; (2) the is most likely that office, and not the for a recipient that serves an LEP person frequency with which LEP individuals entire population served by the on a one-time basis will be very come in contact with the program; (3) department. Where no service area has different than those expected from a the nature and importance of the previously been approved, the relevant recipient that serves LEP persons daily. program, activity, or service provided by service area may be that which is It is also advisable to consider the the program to people’s lives; and (4) approved by state or local authorities or frequency of different types of language the resources available to the grantee/ designated by the recipient itself, contacts. For example, frequent contacts recipient and costs. As indicated above, provided that these designations do not with Spanish-speaking people who are the intent of this guidance is to suggest themselves discriminatorily exclude LEP may require certain assistance in a balance that ensures meaningful certain populations. When considering Spanish. Less frequent contact with access by LEP persons to critical the number or proportion of LEP different language groups may suggest a services while not imposing undue individuals in a service area, recipients different and less intensified solution. If burdens on small business, small local should consider whether the minor an LEP individual accesses a recipient’s governments, or small nonprofits. children their programs serve have LEP After applying the above four-factor program, activity, or service on a daily parent(s) or guardian(s) with whom the analysis, a recipient may conclude that basis, a recipient has greater duties than recipient may need to interact. different language assistance measures if an LEP individual’s contact with the Recipients should first examine their recipient’s program, activity, or service are sufficient for the different types of prior experiences with LEP encounters programs or activities in which it is unpredictable or infrequent. But even and determine the breadth and scope of recipients that serve LEP persons on an engages, or, in fact, that, in certain language services that were needed. In circumstances, recipient-provided unpredictable or infrequent basis should certain circumstances, it is important in use this balancing analysis to determine language services are not necessary. (As conducting this analysis to include what to do if an LEP individual seeks discussed below, recipients may want to language minority populations that are services under the program in question. consider documenting their application eligible for their programs or activities This plan need not be intricate. It may of the four-factor test to the services but may be underserved because of be as simple as being prepared to use they provide.) For instance, some of a existing language barriers. Other data recipient’s activities will be more should be consulted when appropriate one of the commercially available important than others and/or have to refine or validate a recipient’s prior telephonic interpretation services to greater impact on or contact with LEP experience, including the latest census obtain immediate interpreter services. persons, and thus may require more in data for the area served, data from For example, a drug treatment program the way of language assistance. The school systems and from community that encounters LEP persons on a daily flexibility that recipients have in organizations, and data from state and basis most likely may have a greater addressing the needs of the LEP local governments.6 Community obligation than a drug treatment populations they serve does not agencies, school systems, religious program that encounters LEP persons diminish, and should not be used to organizations, legal aid entities, and sporadically. The obligations of both minimize, the obligation that those others can often assist in identifying programs are greater than that of a drug needs be addressed. HHS recipients populations which may be underserved treatment program which has never should apply the following four factors because of existing language barriers encountered a LEP individual where the to the various kinds of contacts that they and who would benefit from the service area includes few or no LEP have with the public to assess language individuals. needs and decide what reasonable steps, 6 The focus of the analysis is on lack of English if any, they should take to ensure In applying this standard, certain proficiency, not the ability to speak more than one recipients should take care to consider meaningful access for LEP persons. language. Note that demographic data may indicate the most frequently spoken languages other than whether appropriate outreach to LEP (1) The Number or Proportion of LEP English and the percentage of people who speak persons could increase the frequency of Persons Served or Encountered in the that language who speak or understand English less contact with LEP language groups. For Eligible Service Population than well. Some of the most commonly spoken languages other than English may be spoken by example, in areas where a community One factor in determining what people who are also overwhelmingly proficient in health center serves a large LEP language services recipients should English. Thus, they may not be the languages population, outreach may be spoken most frequently by limited English appropriate. On the other hand, for most provide is the number or proportion of proficient individuals. When using demographic LEP persons from a particular language data, it is important to focus in on the languages individual physicians or dentists, group served or encountered in the spoken by those who are not proficient in English. outreach may not be necessary.

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(3) The Nature and Importance of the advances; the sharing of language discriminatory intent, the purpose is Recipient’s Program, Activity, or Service assistance materials and services among beneficial and will result in better The more important the recipient’s and between recipients, advocacy access for LEP persons, it may be activity, information, service, or groups, and Federal grant agencies; and appropriate for a recipient to refer the program, or the greater the possible reasonable business practices. Where LEP beneficiary to another recipient. For consequences of the contact to the LEP appropriate, training bilingual staff to example, if two physicians in the same individuals, the more likely language act as interpreters and translators, field, one with a Spanish-speaking services are needed. A recipient needs information sharing through industry assistant and one with a Vietnamese- groups, telephonic and video to determine whether denial or delay of speaking assistant, practice in the same conferencing interpretation services, access to services or information could geographic area and have a custom/ pooling resources and standardizing have serious or even life-threatening practice of referring patients between documents to reduce translation needs, implications for the LEP individual. each other, it may be appropriate for the using qualified translators and Thus, the recipient should consider the first doctor to refer LEP Vietnamese interpreters to ensure that documents importance and urgency of its program, patients to the second doctor and for the need not be ‘‘fixed’’ later and that activity, or service. If the activity is both second doctor to refer LEP Spanish inaccurate interpretations do not cause important and urgent—such as the patients to the first doctor. In certain delay or other costs, centralizing communication of information circumstances, a referral would not be interpreter and translator services to appropriate: for example, a Korean concerning emergency surgery and the achieve economies of scale, or the obtaining of informed consent prior to speaking LEP woman comes to a formalized use of qualified community battered women’s shelter requesting such surgery—it is more likely that volunteers, for example, may help relatively immediate language services assistance. Although the shelter has reduce costs.7 Recipients should space, it has no arrangement to provide are needed. Alternatively, if the activity carefully explore the most cost-effective is important, but not urgent—such as language assistance for LEP persons. means of delivering competent and Instead, as with all LEP persons, the the communication of information accurate language services before about, and obtaining informed consent staff only offer her a prepared list of limiting services due to resource three shelters in the neighborhood that for, elective surgery where delay will concerns. Large entities and those not have any adverse impact on the generally provide language assistance. entities serving a significant number or The staff does not check to assure that patient’s health, or communication of proportion of LEP persons should information regarding admission to the any of the three alternative shelters can ensure that their resource limitations are actually provide the Korean language hospital for tests where delay would not well-substantiated before using this affect the patient’s health—it is more assistance she needs, or that any have factor as a reason to limit language space available for her. likely that language services are needed, assistance. Such recipients may find it The correct mix should be based on but that such services can be delayed for useful to be able to articulate, through what is both necessary and reasonable a reasonable period of time. Finally, if documentation or in some other in light of the four-factor analysis. In an activity is neither important nor reasonable manner, their process for urgent—such as a general public tour of determining that language services some circumstances, where the a facility—it is more likely that language would be limited based on resources or importance and nature of the activity, services would not be needed. The costs. the number or proportion and frequency obligation to communicate rights to a of contact with LEP persons may be * * * * * high and the relative costs and resources person whose benefits are being This four-factor analysis necessarily needed to provide language services terminated or to provide medical implicates the ‘‘mix’’ of LEP services may be low, it may be appropriate for services to an LEP person who is ill required. Recipients have two main a recipient to hire bilingual staff or staff differ, for example, from those to ways to provide language services: Oral interpreters. In contrast, there may be provide medical care for a healthy LEP interpretation either in person or via circumstances where the importance person or to provide recreational telephone interpretation service and nature of the activity and number programming. (hereinafter ‘‘interpretation’’) and or proportion and frequency of contact Decisions by a federal, state, or local written translation (hereinafter with LEP persons may be low and the entity to make an activity compulsory, ‘‘translation’’). Oral interpretation can costs and resources needed to provide such as job search programs in welfare range from on-site interpreters for language services may be high, in which to work programs, can serve as strong critical services provided to a high case language services for the particular evidence of the program’s importance. volume of LEP persons, to access activity may not be necessary. In through commercially-available (4) The Resources Available to the situations that fall in between the two, telephonic interpretation services. Recipient and Costs it may be appropriate for recipients to Written translation, likewise, can range use contract interpreters or telephone A recipient’s level of resources and from translation of an entire document language lines to provide language the costs that would be imposed on it to translation of a short description of services to LEP persons in contact with may have an impact on the nature of the the document. In some cases, language their program or activity. A hospital steps it should take to comply with Title services should be made available on an emergency room in a city with a VI. Smaller recipients with more limited expedited basis while in others the LEP significant Hmong population may need budgets are not expected to provide the individual may be referred to another immediately available oral interpreters same level of language services as larger office of the recipient—or to another and may want to give serious recipients with larger budgets. In recipient—for language assistance. In consideration to hiring some bilingual addition, reasonable steps may cease to certain circumstances, pursuant to an staff. (Of course, many hospitals have be ‘‘reasonable’’ where the costs arrangement, where there is no imposed substantially exceed the already made such arrangements.) On benefits. 7 Recipients with limited resources may find that the other hand, a physician’s practice Resource and cost issues, however, entering into a bulk telephonic interpretation which encounters one LEP Hmong can often be reduced by technological service contract will prove cost effective. patient per month on a walk-in basis

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may want to use a telephone interpreter Understand and follow confidentiality unduly delayed. Conversely, where service. In contrast, a dentist in an and impartiality rules to the same extent access to or exercise of a service, almost exclusively English-speaking as the recipient employee for whom benefit, or right is not effectively neighborhood who has rarely they are interpreting and/or to the precluded by a reasonable delay, encountered a patient who did not extent their position requires; language assistance can likely be speak English and has never Understand and adhere to their role as delayed for a reasonable period. encountered a Hmong-speaking patient interpreters without deviating into other For example, language assistance may not need, pursuant solely to Title roles—such as counselor or legal could likely not be delayed in a medical VI, to provide language services for a advisor—where such deviation would emergency, or when the time period in LEP Hmong individual who comes in be inappropriate (particularly in which an individual has to exercise for a dental cleaning. administrative hearings contexts). certain rights is shortly to expire. On the Some recipients, such as some state other hand, when an LEP person is VI. Selecting Language Assistance agencies, may have additional self- seeking a routine medical examination Services imposed requirements for interpreters. or seeks to apply for certain benefits and Recipients have two main ways to Where individual rights depend on has an ample period of time to apply for provide language services: oral and precise, complete, and accurate those benefits, a recipient could likely written language services (interpretation interpretation or translations, delay the provision of language services and translation, respectively). particularly in the context of by requesting the LEP person to Regardless of the type of language administrative proceedings, the use of schedule an appointment at a time service provided, quality and accuracy certified interpreters is strongly during which the recipient would be of those services is critical to avoid encouraged.9 able to have an appropriate interpreter serious consequences to the LEP person While quality and accuracy of available. and to the recipient. Recipients have language services is critical, the quality Competence of Translators. As with substantial flexibility in determining the and accuracy of language services is oral interpreters, translators of written appropriate mix. nonetheless part of the appropriate mix documents should be competent. Many of LEP services required. The quality of the same considerations apply. A. Considerations Relating to and accuracy of language services in a However, the skill of translating is very Competency of Interpreters and hospital emergency room, for example, different from the skill of interpreting; a Translators should be as high as possible, given the person who is a competent interpreter Competence of Interpreters. circumstances, while the quality and may or may not be competent to Recipients should be aware that accuracy of language services in other translate. competency requires more than self- circumstances need not meet the same Particularly where legal or other vital identification as bilingual. Some exacting standards. documents are being translated, bilingual staff and community Finally, when interpretation is needed competence can often be achieved by volunteers, for instance, may be able to and is reasonable, it should be provided use of certified translators. As noted communicate effectively in a different in a timely manner. To be meaningfully above, certification or accreditation may language when communicating effective, language assistance should be not always be possible or necessary. information directly in that language, timely. While there is no single Competence can often be ensured by but not be competent to interpret in and definition for ‘‘timely’’ applicable to all having a second, independent translator out of English. Likewise, they may not types of interactions at all times by all ‘‘check’’ the work of the primary be able to perform written translations. types of recipients, one clear guide is translator. Alternatively, one translator Competency to interpret, however, that the language assistance should be can translate the document, and a does not necessarily mean formal provided at a time and place that avoids second, independent translator could certification as an interpreter, although the effective denial of the service, translate it back into English to check certification is helpful. When using benefit, or right at issue or the that the appropriate meaning has been interpreters, recipients should take imposition of an undue burden on or conveyed. This is called ‘‘back reasonable steps, given the delay in important rights, benefits, or translation.’’ circumstances, to assess whether the services to the LEP person. When the Translators should understand the interpreters: timeliness of services is important, and expected reading level of the audience Demonstrate proficiency in and delay would result in the effective and, where appropriate, have ability to communicate information denial of a benefit, service, or right, fundamental knowledge about the target accurately in both English and in the language assistance likely cannot be language group’s vocabulary and other language and identify and employ phraseology. Sometimes direct the appropriate mode of interpreting someone from Cuba may not be so understood by translation of materials results in a (e.g., consecutive, simultaneous, someone from Mexico. In addition, the interpreter translation that is written at a much should be aware when languages do not have an more difficult level than the English summarization, or sight translation); appropriate direct interpretation of certain terms To the extent necessary for and be able to provide the most appropriate language version or has no relevant 10 communication between the recipient or interpretation. The interpreter should likely make equivalent meaning. Community its staff and the LEP person, have the recipient aware of the issue, so that the knowledge in both languages of any interpreter and recipient can work to develop a 10 For instance, there may be languages which do consistent and appropriate set of descriptions of not have an appropriate direct translation of some specialized terms or concepts peculiar these terms in that language that can be used again, specialized medical terms and the translator should to the recipient’s program or activity when appropriate. be able to provide an appropriate translation. The and of any particularized vocabulary 9 For those languages in which no formal translator should likely also make the recipient and phraseology used by the LEP accreditation or certification currently exists, aware of this. Recipients can then work with 8 certain recipients may want to consider a formal translators to develop a consistent and appropriate person; process for establishing the credentials of the set of descriptions of these terms in that language interpreter, or assess whether a particular level of that can be used again, when appropriate. 8 Many languages have ‘‘regionalisms,’’ or membership in a professional translation Recipients may find it more effective and less costly differences in usage. For instance, a word that may association can provide some indicator of if they try to maintain consistency in the words and be understood to mean something in Spanish for professionalism. phrases used to translate terms of art and other

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organizations may be able to help not be able to perform effectively the staff, staff interpreters, or contract consider whether a document is written role of a child support administrative interpreters (either in-person or by at a good level for the audience. hearing interpreter and law clerk at the telephone) as options to ensure Likewise, consistency in the words and same time, even if the law clerk were a meaningful access by LEP persons, use phrases used to translate terms of art, qualified interpreter). Effective of recipient-coordinated community legal, or other technical concepts helps management strategies, including any volunteers, working with, for instance, avoid confusion by LEP individuals and appropriate adjustments in assignments community-based organizations may may reduce costs. and protocols for using bilingual staff, provide a cost-effective supplemental While quality and accuracy of can ensure that bilingual staff are fully language assistance strategy under translation services is critical, the and appropriately utilized. When appropriate circumstances. Because quality and accuracy of translation bilingual staff cannot meet all of the such volunteers may have other services is nonetheless part of the language service obligations of the demands on their time, they may be appropriate mix of LEP services recipient, the recipient should turn to more useful in providing language required. For instance, to translate other options. access for a recipient’s less critical nonvital documents that have no legal Hiring Staff Interpreters. Hiring programs and activities where the or other consequence for LEP persons interpreters may be most helpful where provision of language services can who rely on them, a recipient may use there is a frequent need for interpreting reasonably be delayed. To the extent the translators that are less skilled than the services in one or more languages. recipient relies on community translators it uses to translate vital Depending on the facts, sometimes it volunteers, it is often best to use documents with legal or other may be necessary and reasonable to volunteers who are trained in the information upon which reliance has provide on-site interpreters to provide information or services of the program important consequences. The accurate and meaningful and can communicate directly with LEP permanent nature of written communication with an LEP person. persons in their language. Just as with translations, however, imposes Contracting for Interpreters. Contract all interpreters, community volunteers additional responsibility on the interpreters may be a cost-effective used to interpret between English recipient to take reasonable steps to option when there is no regular need for speakers and LEP persons, or to orally determine that the quality and accuracy a particular language skill. In addition translate documents, should be of the translations permit meaningful to commercial and other private competent in the skill of interpreting access by LEP persons. providers, many community-based and knowledgeable about applicable organizations and mutual assistance confidentiality and impartiality rules. B. Oral Language Services associations provide interpretation Recipients should consider formal (Interpretation) services for particular languages. arrangements with community-based Interpretation is the act of listening to Contracting with and providing training organizations that provide volunteers to something in one language (source regarding the recipient’s programs and address these concerns and to help language) and orally translating it into processes to these organizations can be ensure that services are available more another language (target language). a cost-effective option for providing regularly. Where interpretation is needed and is language services to LEP persons from Use of Family Members or Friends as reasonable, recipients should consider those language groups. Interpreters. Some LEP persons may feel some or all of the following options for Using Telephone Interpreter Lines. more comfortable when a trusted family providing competent interpreters in a Telephone interpreter service lines often member or friend acts as an interpreter. timely manner: offer speedy interpreting assistance in However, when a recipient encounters Hiring Bilingual Staff. When many different languages. While an LEP person attempting to access its particular languages are encountered telephone interpreters can be used in services, the recipient should make the often, hiring bilingual staff offers one of numerous situations, they may be LEP person aware that he or she has the the best, and often most economical, particularly appropriate where the mode option of having the recipient provide options. Recipients can, for example, fill of communicating with an English an interpreter for him/her without public contact positions, such as social proficient person would also be over the charge, or of using his/her own service eligibility workers or hospital phone. Although telephonic interpreter. Although recipients should emergency room receptionists/workers, interpretation services are useful in not plan to rely on an LEP person’s with staff who are bilingual and many situations, it is important to family members, friends, or other competent to communicate directly ensure that, when using such services, informal interpreters to provide with LEP persons in their language. If the interpreters used are competent to meaningful access to important bilingual staff are also used to interpret interpret any technical or legal terms programs and activities, the recipient between English speakers and LEP specific to a particular program that may should, except as noted below, respect persons, or to orally interpret written be important parts of the conversation. an LEP person’s desire to use an documents from English into another Nuances in language and non-verbal interpreter of his or her own choosing language, they should be competent in communication can often assist an (whether a professional interpreter, the skill of interpreting. In addition, interpreter and cannot be recognized family member, or friend) in place of the there may be times when the role of the over the phone. Video teleconferencing, free language services expressly offered bilingual employee may conflict with if available, may sometimes help to by the recipient. However, a recipient the role of an interpreter (for instance, resolve this issue where necessary. In may not require an LEP person to use a bilingual law clerk would probably addition, where documents are being a family member or friend as an discussed, it may be important to give interpreter. technical concepts. Creating or using already- telephonic interpreters adequate In addition, in emergency created glossaries of commonly used terms may be opportunity to review the document circumstances that are not reasonably useful for LEP persons and translators and cost prior to the discussion and any foreseeable, a recipient may not be able effective for the recipient. Providing translators with examples of previous translations of similar logistical problems should be addressed. to offer free language services, and material by the recipient, other recipients, or federal Using Community Volunteers. In temporary use of family members or agencies may be helpful. addition to consideration of bilingual friends as interpreters may be necessary.

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However, with proper planning and interpretations or translations of or friend may not be competent to implementation, recipients should be information and/or testimony are interpret. able to avoid most such situations. critical, or where the competency of the C. Written Language Services If the LEP person voluntarily chooses LEP person’s interpreter is not (Translation) to provide his or her own interpreter, a established, a recipient may want to recipient should consider whether consider providing its own, Translation is the replacement of a making a record of that choice, and of independent interpreter, even if an LEP written text from one language (source the recipient’s offer of assistance, is person wants to use his or her own language) into an equivalent written text appropriate. interpreter as well. in another language (target language). As with the use of other non- Extra caution should be exercised What Documents Should be professional interpreters, the recipient when the LEP person chooses to use a Translated? After applying the four- may need to consider issues of minor as the interpreter. While the LEP factor analysis, a recipient may competence, appropriateness, conflicts person’s decision should be respected, determine that an effective LEP plan for of interest, and confidentiality in there may be additional issues of its particular program or activity determining whether it should respect competency, confidentiality, or conflict includes the translation of vital written the desire of the LEP person to use an of interest when the choice involves materials into the language of each interpreter of his or her own choosing. using minor children as interpreters. frequently-encountered LEP group Recipients should take reasonable steps The recipient should take reasonable eligible to be served and/or likely to be to ascertain that family, legal guardians, steps to ascertain whether the LEP affected by the recipient’s program. caretakers, and other informal person’s choice is voluntary, whether Whether or not a document (or the interpreters are not only competent in the LEP person is aware of the possible information it solicits) is ‘‘vital’’ may the circumstances, but are also problems if the preferred interpreter is depend upon the importance of the appropriate in light of the circumstances a minor child, and whether the LEP program, information, encounter, or and subject matter of the program, person knows that a competent service involved, and the consequence service or activity, including protection interpreter could be provided by the to the LEP person if the information in of the recipient’s own administrative or recipient at no cost. question is not provided accurately or in enforcement interest in accurate Again, while the use of a family a timely manner. Where appropriate, interpretation. member or friend may be appropriate, if recipients are encouraged to create a In some circumstances, family that is the choice of the LEP person, the plan for consistently determining, over members (especially children) or friends following are examples of where the time and across their various activities, may not be competent to provide quality recipient should provide an interpreter what documents are ‘‘vital’’ to the and accurate interpretations. Issues of for the LEP individual: meaningful access of the LEP confidentiality, privacy, or conflict of • A woman or child is brought to an populations they serve. interest may also arise. LEP individuals emergency room and is seen by an Classifying a document as vital or may feel uncomfortable revealing or emergency room doctor. The doctor non-vital is sometimes difficult, describing sensitive, confidential, or notices the patient’s injuries and especially in the case of outreach potentially embarrassing medical, law determines that they are consistent with materials like brochures or other enforcement (e.g., sexual or violent those seen with victims of abuse or information on rights and services. assaults), family, or financial neglect. In such a case, use of the spouse Awareness of rights or services is an information to a family member, friend, or a parent to interpret for the patient important part of ‘‘meaningful access.’’ or member of the local community. In may raise serious issues of conflict of Lack of awareness that a particular addition, such informal interpreters may interest and may, thus, be inappropriate. program, right, or service exists may have a personal connection to the LEP • A man, accompanied by his wife, effectively deny LEP individuals person or an undisclosed conflict of visits an eye doctor for an eye meaningful access. Thus, where a interest, such as the desire to protect examination. The eye doctor offers him recipient is engaged in community themselves or another perpetrator in a an interpreter, but he requests that his outreach activities in furtherance of its domestic violence matter. For these wife interpret for him. The eye doctor activities, it should regularly assess the reasons, where the LEP individual has talks to the wife and determines that she needs of the populations frequently declined the express offer of free is competent to interpret for her encountered or affected by the program language assistance and has chosen to husband during the examination. The or activity to determine whether certain use a family member, friend or other wife interprets for her spouse as the critical outreach materials should be informal interpreter, if a recipient later examination proceeds, but the doctor translated. In determining what determines that a family member or discovers that the husband has cataracts outreach materials may be most useful friend is not competent or appropriate, that must be removed through surgery. to translate, such recipients may want to the recipient should provide competent The eye doctor determines that the wife consider consulting with appropriate interpreter services to the LEP person in does not understand the terms he is community organizations. place of or, if appropriate, as a using to explain the diagnosis and, thus, Sometimes a document includes both supplement to the LEP individual’s that she is not competent to continue to vital and non-vital information. This interpreter. For HHS recipient programs interpret for her husband. The eye may be the case when the document is and activities, this is particularly true, doctor stops the examination and calls very large. It may also be the case when for example, in administrative hearings, an interpreter for the husband. A family the title and a phone number for child or adult protective service member may be appropriate to serve as obtaining more information on the investigations, situations in which life, an interpreter if preferred by the LEP contents of the document in frequently- health, safety, or access to important person in situations where the service encountered languages other than benefits and services are at stake, or provided is of a routine nature such as English is critical, but the document is when credibility and accuracy are a simple eye examination. However, in sent out to the general public and important to protect an individual’s a case where the nature of the service cannot reasonably be translated into rights and access to important services. becomes more complex, depending on many languages. Thus, vital information Where precise, complete, and accurate the circumstances, the family member may include, for instance, the provision

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of information in appropriate languages several of the more frequently- (a) The HHS recipient provides other than English regarding where a encountered languages and to set written translations of vital documents LEP person might obtain an benchmarks for continued translations for each eligible LEP language group interpretation or translation of the into the remaining languages over time. that constitutes five percent or 1,000, document. As a result, the extent of the recipient’s whichever is less, of the population of Given the foregoing considerations, obligation to provide written persons eligible to be served or likely to vital written materials could include, for translations of documents should be be affected or encountered. Translation example: determined by the recipient on a case- of other documents, if needed, can be • Consent and complaint forms. by-case basis, looking at the totality of provided orally; or • Intake forms with the potential for the circumstances in light of the four- (b) If there are fewer than 50 persons important consequences. factor analysis. Because translation is in a language group that reaches the five • Written notices of eligibility usually a one-time expense, percent trigger in (a), the recipient does criteria, rights, denial, loss, or decreases consideration should be given to not translate vital written materials but in benefits or services, actions affecting whether the up-front cost of translating provides written notice in the primary parental custody or child support, and a document (as opposed to oral language of the LEP language group of other hearings. interpretation) should be amortized over the right to receive competent oral • Notices advising LEP persons of the likely lifespan of the document interpretation of those written materials, free language assistance. free of cost. • when applying this four-factor analysis. Written tests that do not assess Safe Harbor. Many recipients would These safe harbor provisions apply to English language competency, but test like to ensure with greater certainty that the translation of written documents competency for a particular license, job, they comply with their Title VI only. They do not affect the requirement or skill for which knowing English is obligations to provide written to provide meaningful access to LEP not required. translations in languages other than individuals through competent oral • Applications to participate in a English. Paragraphs (a) and (b) outline interpreters where an application of the recipient’s program or activity or to the circumstances that can provide a four factor test leads to the receive recipient benefits or services. ‘‘safe harbor’’ for recipients regarding determination that oral language Nonvital written materials could services are needed and are reasonable. the requirements for translation of include: Conversely, oral interpretation of written materials. A ‘‘safe harbor’’ • Hospital menus. documents may not substitute for means that if a recipient provides • Third party documents, forms, or translation of vital written documents. written translations under these pamphlets distributed by a recipient as For example, oral interpretation of the circumstances, such action will be a public service. rules of a half-way house or residential considered strong evidence of • For a non-governmental recipient, treatment center may not substitute for compliance with the recipient’s written- government documents and forms. translation of a short document translation obligations. • Large documents such as containing the rules of the half-way enrollment handbooks (although vital The failure to provide written house or residential treatment center information contained in large translations under the circumstances and the consequences of violating those documents may need to be translated). outlined in paragraphs (a) and (b) does rules. • General information about the not mean there is non-compliance. program intended for informational Rather, they provide a common starting VII. Elements of Effective Plan on purposes only. point for recipients to consider whether Language Assistance for LEP Persons Into What Languages Should and at what point the importance of the If, after completing the four-factor Documents be Translated? The service, benefit, or activity involved; the analysis, a recipient determines that it languages spoken by the LEP nature of the information sought; and should provide language assistance individuals with whom the recipient the number or proportion of LEP services, a recipient may develop an has contact determine the languages persons served call for written implementation plan to address the into which vital documents should be translations of commonly-used forms identified needs of the LEP populations translated. A distinction should be into frequently-encountered languages it serves. Such recipients have made, however, between languages that other than English. Thus, these considerable flexibility in developing are frequently encountered by a paragraphs merely provide a guide for this plan. The development and recipient and less commonly- recipients that would like greater maintenance of a periodically updated encountered languages. Some recipients certainty of compliance than can be written plan on language assistance for may serve communities in large cities or provided by a fact-intensive, four-factor LEP persons (‘‘LEP plan’’) for use by a across the country. They regularly serve analysis. recipient’s employees who serve or LEP persons who speak dozens and Example: Even if the safe harbors are interact with the public could be an sometimes over 100 different languages. not used, if written translation of a appropriate and cost-effective means of To translate all written materials into all certain document(s) would be so documenting compliance with Title VI of those languages is unrealistic. burdensome as to defeat the legitimate and providing a framework for the Although recent technological advances objectives of its program, the translation provision of timely and reasonable have made it easier for recipients to of the written materials is not necessary. language assistance. Moreover, such store and share translated documents, Other ways of providing meaningful written plans may provide additional such an undertaking would incur access, such as effective oral benefits to a recipient’s managers in the substantial costs and require substantial interpretation of certain vital areas of training, administration, resources. Nevertheless, well- documents, may be acceptable under planning, and budgeting. These benefits substantiated claims of lack of resources such circumstances. may lead recipients to document in a to translate all vital documents into Safe Harbor. The following actions written LEP plan their language dozens of languages do not necessarily will be considered strong evidence of assistance services, and how staff and relieve the recipient of the obligation to compliance with the recipient’s written- LEP persons can access those services. translate those documents into at least translation obligations: Despite these benefits, certain HHS

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recipients, such as recipients serving (2) Language Assistance Measures those services are available and that very few LEP persons and recipients An effective LEP plan would likely they are free of charge. Recipients with very limited resources, may choose include information about the ways in should provide this notice in a language not to develop a written LEP plan. which language assistance will be LEP persons will understand. Examples However, the absence of a written LEP provided. For instance, recipients may of notification that recipients may want to consider include: plan does not obviate the underlying want to include information on at least Title VI obligation to ensure meaningful • Posting signs in intake areas and the following: access by LEP persons to a recipient’s other entry points. When language • Types of language services program or activities. Accordingly, in assistance is needed to ensure available. the event that a recipient elects not to meaningful access to information and • How staff can obtain those services. develop a written plan, it may want to services, it is important to provide • How to respond to LEP callers. consider alternative and reasonable notice in appropriate languages in • How to respond to written ways to articulate how it is providing intake areas or initial points of contact communications from LEP persons. meaningful access in compliance with so that LEP persons can learn how to • How to respond to LEP individuals Title VI. Entities having significant access those language services. This is who have in-person contact with contact with LEP persons, such as particularly true in areas with high recipient staff. schools, religious organizations, • volumes of LEP persons seeking access community groups, and groups working How to ensure competency of to certain health, safety, or public with new immigrants can be very interpreters and translation services. benefits and services, or activities run helpful in providing important input (3) Training Staff by HHS recipients. For instance, signs into this planning process from the in intake offices could state that free An effective LEP plan would likely beginning. language assistance is available. The For the recipient who decides to include a process for identifying staff signs should be translated into the most develop a written implementation plan, who need to be trained regarding the common languages encountered. They the following five steps may be helpful recipient’s LEP plan, a process for should explain how to get the language in designing such a plan; they are training them, and the identification of help.11 typically part of effective the outcomes of the training. Staff • Stating in outreach documents that implementation plans. should know their obligations to language services are available from the provide meaningful access to recipient. Announcements could be in, (1) Identifying LEP Individuals Who information and services for LEP for instance, brochures, booklets, and in Need Language Assistance persons. An effective LEP plan may outreach and recruitment information. The first two factors in the four-factor include training to ensure that: • These statements should be translated analysis require an assessment of the Staff know about LEP policies and into the most common languages and number or proportion of LEP procedures. • could be ‘‘tagged’’ onto the front of individuals eligible to be served or Staff having contact with the public common documents. encountered and the frequency of are trained to work effectively with in- • Working with community-based encounters. Similarly, this step of an person and telephone interpreters. organizations and other stakeholders to LEP implementation plan requires Recipients may want to include this inform LEP individuals of the recipients to identify LEP persons with training as part of the orientation for recipients’ services, including the whom it has contact. new employees. It may be important to availability of language assistance One way to determine the language of take reasonable steps to see to it that all services. communication is to use language employees in public contact positions • Using a telephone voice mail menu. identification cards (or ‘‘I speak cards’’), are properly trained. Recipients have The menu could be in the most common which invite LEP persons to identify flexibility in deciding the manner in languages encountered, and provide their language needs to staff. Such which the training is provided. The information about available language cards, for instance, might say ‘‘I speak more frequent the contact with LEP assistance services and how to get them. Spanish’’ in both Spanish and English, persons, the greater the need will be for • Including notices in local ‘‘I speak Vietnamese’’ in both English in-depth training. Staff with little or no newspapers in languages other than and Vietnamese, etc. To reduce costs of contact with LEP persons may only have English. compliance, the federal government has to be aware of an LEP plan. However, • Providing notices on non-English- made a set of these cards available on management staff, even if they do not language radio and television stations the Internet. The Census Bureau ‘‘I interact regularly with LEP persons, about the available language assistance speak card’’ can be found and should be fully aware of and understand services and how to get them. downloaded at http://www.usdoj.gov/ the plan so they can reinforce its • Presentations and/or notices at crt/cor/13166.htm, and accessed at importance and ensure its schools and religious organizations. http://www.lep.gov. When records are implementation by staff. (5) Monitoring and Updating the LEP normally kept of past interactions with Plan members of the public, the language of (4) Providing Notice to LEP Persons the LEP person can be included as part An effective LEP plan would likely An effective LEP plan would likely of the record. In addition to helping include a description of the process by include a process for a recipient to employees identify the language of LEP which to provide notice of the services monitor its implementation of its plan persons they encounter, this process that are available to the LEP persons it and for updating its plan as necessary. will help in future applications of the serves or, to the extent that a service For example, determining, on an first two factors of the four-factor area exists, that reside in its service area ongoing basis, whether new documents, analysis. In addition, posting notices in and are eligible for services. Once a commonly encountered languages recipient has decided, based on the four 11 The Social Security Administration has made such signs available at http://www.ssa.gov/ notifying LEP persons of language factors, that it will provide language multilanguage/langlist1.htm, which also can be assistance will encourage them to services, it may be important for the accessed at http://www.lep.gov. These signs could, identify themselves. recipient to let LEP persons know that for example, be modified for recipient use.

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programs, services, and activities need engaging in outreach to its recipients for the determination. However, if a case to be made accessible for LEP and to being responsive to inquiries is fully investigated and results in a individuals may be appropriate, and from its recipients. Through its finding of noncompliance, HHS must recipients may want to provide notice of Administration on Children and inform the recipient of the any changes in services to the LEP Families, Administration on Health Care noncompliance through a Letter of public and to employees. In addition, Quality and Research, Administration Findings that sets out the areas of changes in demographics, types of on Aging, Centers for Medicare and noncompliance and the steps that must services, or other needs may require Medicaid Services, Health Resources be taken to correct the noncompliance. annual reevaluation of an LEP plan. Services Administration, Office for Civil It must attempt to secure voluntary Less frequent reevaluation may be more Rights, and Office of Minority Health, compliance through informal means. If appropriate where demographics, HHS provides a variety of practical the matter cannot be resolved services, and needs are more static. One technical assistance to recipients to informally, HHS must secure good way to evaluate the LEP plan may assist them in serving LEP persons. This compliance through the termination of be to seek feedback from the technical assistance includes translated federal assistance after the HHS community. forms and vital documents; training and recipient has been given an opportunity In their reviews, recipients may want information about best practices; and for an administrative hearing and/or by to consider assessing changes in: grants and model demonstration funds referring the matter to DOJ to seek • Current LEP populations in service for LEP services. HHS also provides a injunctive relief or pursue other area or population affected or variety of services for LEP persons who enforcement proceedings. HHS engages encountered. come in contact with the Department. in voluntary compliance efforts and • Frequency of encounters with LEP These services include oral language provides technical assistance to language groups. assistance services such as language recipients at all stages of an • Nature and importance of activities lines and interpreters, translation of investigation. During these efforts, HHS to LEP persons. written materials, and foreign language • proposes reasonable timetables for Availability of resources, including Web sites. achieving compliance and consults with technological advances and sources of Further, HHS is committed to working and assists recipients in exploring cost- additional resources, and the costs with representatives of state and local effective ways of coming into imposed. health and social service agencies, • compliance. In determining a recipient’s Whether existing assistance is organizations of such agencies, hospital compliance with the Title VI meeting the needs of LEP persons. associations, medical and dental regulations, HHS’s primary concern is to • Whether staff knows and associations and managed care ensure that the recipient’s policies and understands the LEP plan and how to organization to identify and share model procedures provide meaningful access implement it. plans, examples of best practices, cost- for LEP persons to the recipient’s • Whether identified sources for saving approaches, and information on programs and activities. assistance are still available and viable. other available resources, and to In addition to these five elements, mobilize these organizations, to educate While all recipients must work effective plans set clear goals and their members on these matters. toward building systems that will establish management accountability. HHS continues to explore how it can ensure access for LEP individuals, HHS Some recipients may also want to share with its recipients language acknowledges that the implementation consider whether they should provide assistance measures, resources, cost- of a comprehensive system to serve LEP opportunities for community input and containment approaches, and other individuals is a process and that a planning throughout the process. information and knowledge, developed system will evolve over time as it is with respect to its own federally implemented and periodically VIII. Voluntary Compliance Effort conducted programs and activities, and reevaluated. As recipients take The goal for Title VI and Title VI welcomes suggestions and comments in reasonable steps to provide meaningful regulatory enforcement is to achieve this regard. The HHS Office for Civil access to federally assisted programs voluntary compliance. The requirement Rights, in conjunction with other HHS and activities for LEP persons, HHS will to provide meaningful access to LEP components, through direct contact and look favorably on intermediate steps persons is enforced and implemented by its Web site at http://www.hhs/gov/ocr, recipients take that are consistent with the HHS Office for Civil Rights through will continue to provide technical this Guidance, and that, as part of a the procedures identified in the Title VI assistance that assists HHS recipients in broader implementation plan or regulations. These procedures include understanding and complying with their schedule, move their service delivery complaint investigations, compliance obligations under Title VI, and assists system toward providing full access to reviews, efforts to secure voluntary recipients and the public by identifying LEP persons. This does not excuse compliance, and technical assistance. resources offered by the Office for Civil noncompliance with Title VI, but The Office for Civil Rights, and the Rights and other HHS components that instead recognizes that full compliance entire Department, are committed to facilitate compliance with Title VI, with in all areas of a recipient’s activities and assisting recipients of HHS financial respect to LEP persons. This and other for all potential language minority assistance in complying with their helpful information may also be groups may reasonably require a series obligations under Title VI of the Civil accessed at http://www.lep.gov. of implementing actions over a period of Rights Act of 1964. HHS believes that, The Title VI regulations provide that time. However, in developing any on the whole, its recipients genuinely HHS will investigate whenever it phased implementation schedule, HHS desire to comply with their obligations, receives a complaint, report, or other recipients should ensure that the but that some may lack knowledge of information that alleges or indicates provision of appropriate assistance for what is required of them or information possible noncompliance with Title VI or significant LEP populations or with concerning the resources that are its regulations. If the investigation respect to activities having a significant available to them that would assist in results in a finding of compliance, HHS impact on the health, safety, legal rights, meeting their Title VI obligations. will inform the recipient in writing of or livelihood of beneficiaries is Accordingly, HHS is committed to this determination, including the basis addressed first. Recipients are

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encouraged to document their efforts to persons. Over the past three decades, OCR circumstances which amount to a ‘‘safe provide LEP persons with meaningful has conducted thousands of investigations harbor’’ for recipients who desire greater access to federally assisted programs and reviews involving language differences certainty with respect to their obligations to and activities. that affect the access of LEP persons to provide written translations. This means that medical care and social services. This if a recipient provides written translations Appendix A guidance synthesizes the legal requirements under these circumstances, such action will that OCR has been enforcing for over three be considered strong evidence of compliance Questions and Answers Regarding the decades. with the recipient’s written-translation Department of Health and Human Services 4. Q. Who is covered by the guidance? obligations. However, the failure to provide Guidance to Federal Financial Assistance A. Covered entities include any state or written translations under the circumstances Recipients Regarding the Title VI local agency, private institution or outlined in the ‘‘safe harbor’’does not mean Prohibition Against National Origin organization, or any public or private there is non-compliance. Rather, the safe Discrimination Affecting Limited English individual that (1) Operates, provides or harbor provides a tool which recipients may Proficient Persons engages in health, or social service programs use to consider whether the number or 1. Q. What is the purpose of the guidance and activities, and (2) receives Federal proportion of LEP persons served call for on language access released by the financial assistance from HHS directly or written translations of vital documents into Department of Health and Human Services through another recipient/covered entity. frequently encountered languages other than (HHS)? Examples of covered entities include but are English. However, even if the safe harbors are A. The purpose of the Policy Guidance is not limited to the following entities, which not used, if written translation of certain to clarify to members of the public, and to may receive federal financial assistance: documents would be so financially providers of health and social services who hospitals, nursing homes, home health burdensome as to defeat the legitimate receive Federal financial assistance from agencies, managed care organizations, objectives of its program, the translation of HHS, the responsibility of such providers to universities and other entities with health or the written materials is not necessary. Other Limited English Proficient (LEP) persons, social service research programs; state, ways of providing meaningful access, such as pursuant to Title VI of the Civil Rights Act county and local health agencies; state effective oral interpretation of certain vital of 1964. Among other things, this guidance Medicaid agencies; state, county and local documents, might be acceptable under such clarifies existing legal requirements by welfare agencies; federally-funded programs circumstances when, upon application of the providing a description of the factors for families, youth and children; Head Start four factors, translation services are required. providers of health and social services who programs; public and private contractors, 7. Q. The guidance makes reference to receive Federal financial assistance from subcontractors and vendors; physicians; and ‘‘vital documents’’ and notes that, in certain other providers who receive Federal financial HHS should consider in determining and circumstances, a recipient/covered entity assistance from HHS. fulfilling their responsibilities to LEP persons may have to translate such documents into 5. Q. How does the guidance affect small under Title VI. other languages. What is a vital document? practitioners and providers who are 2. Q. What does the policy guidance do? A. As clarified by the guidance, the extent recipients of federal financial assistance? A. The policy guidance does the following: of Title VI obligations will be evaluated A. Small practitioners and providers will • Reiterates the principles of Title VI with based on a four-factor test including the have considerable flexibility in determining respect to LEP persons. nature or importance of the service. In this • precisely how to fulfill their obligations to Discusses the reasonable policies, take reasonable steps to ensure meaningful regard, the guidance points out that procedures and other steps that recipients access for persons with limited English documents deemed ‘‘vital’’ to the access of can take to ensure meaningful access to their proficiency. OCR will assess compliance on LEP persons to programs and services may program by LEP persons. often have to be translated. Whether or not • a case by case basis and will take into Clarifies that failure to take one or more account the following factors: (1) The number a document (or the information it contains or of these steps does not necessarily mean or proportion of LEP persons eligible to be solicits) is ‘‘vital’’ may depend upon the noncompliance with Title VI. importance of the program, information, • served or likely to be encountered by the Explains to recipients of Federal recipient’s program, activity or service; (2) encounter, or service involved, and the financial assistance that OCR will determine the frequency with which LEP individuals consequence to the LEP person if the compliance on a case by case basis, in light come in contact with the program, activity or information in question is not provided of the following four factors: (1) The number service; (3) the nature and importance of the accurately or in a timely manner. Where or proportion of LEP persons eligible to be program, activity, or service provided by the appropriate, recipients are encouraged to served or likely to be encountered by the recipient; and (4) the resources available to create a plan for consistently determining, program, activity or service provided by the the recipient and costs. There is no ‘‘one size over time and across their various activities, recipient; (2) the frequency with which LEP fits all’’ solution for Title VI compliance with what documents are ‘‘vital’’ to the individuals come in contact with the respect to LEP persons, and what constitutes meaningful access of the LEP populations recipient’s program, activity or service; (3) ‘‘reasonable steps’’ for large providers may they serve. Thus, vital documents could the nature and importance of the recipient’s not be reasonable where small providers are include, for instance, consent and complaint program, activity, or service; and (4) the concerned. Thus, smaller recipients with forms, intake forms with potential for resources available to the recipient and costs. smaller budgets will not be expected to important health consequences, written • Provides that, based on these four provide the same level of language services notices of eligibility criteria, rights, denial, factors, recipients with limited resources will as larger recipients with larger budgets. OCR loss, or decreases in benefits or services, not have the same compliance will continue to be available to provide actions affecting parental custody or child responsibilities applicable to recipients with technical assistance to HHS recipients, support, and other hearings, notices advising greater resources. All recipients will have a including sole practitioners and other small LEP persons of free language assistance, great deal of flexibility in achieving recipients, seeking to operate an effective written tests that do not assess English compliance. language assistance program and to comply language competency, but test competency • Provides that OCR will offer extensive with Title VI. for a particular license, job or skill for which technical assistance for recipients. 6. Q. The guidance identifies some specific knowing English is not required, or 3. Q. Does the guidance impose new circumstances which OCR will consider to be applications to participate in a recipient’s requirements on recipients? strong evidence that a program is in program or activity or to receive recipient A. No. Since its enactment, Title VI of the compliance with its obligation under Title VI benefits or services. Civil Rights Act of 1964 has prohibited to provide written materials in languages 8. Q. Will recipient/covered entities have discrimination on the basis of race, color or other than English. Does this mean that a to translate large documents such as managed national origin in any program or activity recipient/covered entity will be considered care enrollment handbooks? that receives Federal financial assistance. out of compliance with Title VI if its program A. Not necessarily. Some large documents Title VI requires that recipients take does not fall within these circumstances? may contain no vital information, and others reasonable steps to ensure meaningful access A. No. The circumstances outlined in the will contain vital information that will have to their programs and activities by LEP guidance are intended to identify to be translated. Again, the obligation to

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translate will depend on application of the A. For over three decades, OCR has implemented by OCR through the procedures four factors. In this context, vital information provided substantial technical assistance to identified in the Title VI regulations. These may include, for instance, the provision of recipient/covered entities who are seeking to procedures include complaint investigations, information in appropriate languages other ensure that LEP persons can meaningfully compliance reviews, efforts to secure than English, or identifying where a LEP access their programs or services. Our voluntary compliance, and technical person might obtain an interpretation or regional staff is prepared to work with assistance. translation of the document. However, recipients to help them meet their obligations The Title VI regulations provide that OCR depending on the circumstances, large under Title VI. As part of its technical will investigate whenever it receives a documents such as enrollment handbooks assistance services, OCR can help identify complaint, report, or other information that may not need to be translated or may not best practices and successful strategies used alleges or indicates possible noncompliance need to be translated in their entirety. by other federal fund recipients, identify with Title VI or its regulations. If the 9. Q. May an LEP person use a family sources of federal reimbursement for investigation results in a finding of member or friend as his or her interpreter? translation services, and point providers to compliance, OCR will inform the recipient in A. Some LEP persons may feel more other resources. writing of this determination, including the comfortable when a trusted family member or In addition, the entire Department is also basis for the determination. However, if a friend acts as an interpreter. When an LEP committed to assisting recipients of HHS case is fully investigated and results in a person attempts to access the services of a financial assistance in complying with their finding of noncompliance, OCR must inform recipient of federal financial assistance, who obligations under Title VI of the Civil Rights the recipient of the noncompliance through upon application of the four factors is Act of 1964. Through its Administration on a Letter of Findings that sets out the areas of required to provide an interpreter, the Children and Families, Administration on noncompliance and the steps that must be recipient should make the LEP person aware Health Care Quality and Research, taken to correct the noncompliance. It must that he or she has the option of having the Administration on Aging, Centers for attempt to secure voluntary compliance recipient provide an interpreter for him/her Medicare and Medicaid Services, Health through informal means. If the matter cannot without charge, or of using his/her own Resources and Services Administration, be resolved informally, OCR may secure interpreter. Recipients should also consider Office for Civil Rights, Office of Minority compliance through the termination of the special circumstances discussed in the Health and Substance Abuse and Mental federal assistance after the recipient has been guidance that may affect whether a family Health Services Administration, HHS member or friend should serve as an given an opportunity for an administrative provides a variety of practical technical hearing. OCR may also refer the matter to the interpreter, such as whether the situation is assistance to recipients to assist them in an emergency, and concerns over Department of Justice to secure compliance serving LEP persons. This technical through any other means authorized by law. competency, confidentiality, privacy, or assistance includes translated forms and vital conflict of interest. At all stages of an investigation, OCR documents; training and information about 10. Q. May a recipient/covered entity engages in voluntary compliance efforts and best practices; and grants and model require a LEP person to use a family member provides technical assistance to recipients. demonstration funds for LEP services. HHS or a friend as his or her interpreter? During these efforts, OCR proposes believes that, on the whole, its recipients A. No. reasonable timetables for achieving genuinely desire to comply with their 11. Q. How does low health literacy, non- compliance and consults with and assists literacy, non-written languages, blindness obligations, and that increased understanding recipients in exploring cost-effective ways of and deafness among LEP populations affect of compliance responsibilities and coming into compliance. In determining a the responsibilities of federal fund knowledge about cost-effective resources that recipient’s compliance with the Title VI recipients? are increasingly available to them, will assist regulations, OCR’s primary concern is to A. Effective communication in any recipients/covered entities in meeting Title ensure that the recipient’s policies and language requires an understanding of the VI obligations. Accordingly, HHS is procedures contain reasonable steps to literacy levels of the eligible populations. committed to providing outreach to its provide meaningful access for LEP persons to However, where a LEP individual has a recipients and to being responsive to queries the recipient’s programs, activities or limited understanding of health matters or from its recipients. It is also committed to services. As a result, the vast majority of all cannot read, access to the program is working with representatives of state and complaints have been resolved through such complicated by factors not generally directly local health and social service agencies, voluntary efforts. related to national origin or language and organizations of such agencies, hospital 14. Q. Does issuing this guidance mean thus is not a Title VI issue. Under these associations, medical and dental associations that OCR will be changing how it enforces circumstances, a recipient should provide and managed care organizations to identify compliance with Title VI? remedial health information to the same and share model plans, examples of best A. No. How OCR enforces Title VI is extent that it would provide such practices, cost-saving approaches, and governed by the Title VI implementing information to English-speakers. Similarly, a information on other available resources, and regulations. The methods and procedures recipient should assist LEP individuals who to mobilize these organizations to educate used to investigate and resolve complaints, cannot read in understanding written their members on these matters. HHS will and conduct compliance reviews, have not materials as it would non-literate English- continue to promote best practices in changed. speakers. A non-written language precludes language access and fund model 15. Q. What is HHS doing to promote the translation of documents, but does not demonstration programs in this area. The access for LEP persons to its own programs affect the responsibility of the recipient to HHS Office for Civil Rights, in conjunction and services? communicate the vital information contained with other HHS components, will continue to A. HHS provides a variety of services for in the document or to provide notice of the provide technical assistance and outreach to LEP persons who come in contact with the availability of oral translation. Of course, HHS recipients to assist them in Department. These services include oral other law may be implicated in this context. understanding and complying with their language assistance services such as language For instance, Section 504 of the obligations under Title VI and to provide lines and interpreters; translation of written Rehabilitation Act of 1973 requires that information to recipients and the public materials; and foreign language web sites. federal fund recipients provide sign language through its Web site at http://www.hhs/gov/ HHS will continue to explore how it can and oral interpreters for people who have ocr. LEP information and resources can also share with its recipients language assistance hearing impairments and provide materials be found at http://www.lep.gov. measures, resources, cost-containment in alternative formats such as in large print, 13. Q. How will OCR enforce compliance approaches, and other information and braille or on tape for individuals with visual by recipient/covered entities with the LEP knowledge, developed with respect to its impairments; and the Americans with requirements of Title VI? own federally conducted programs and Disabilities Act imposes similar requirements A. The goal for Title VI and Title VI activities, and welcomes any suggestions in on health and human service providers. regulatory enforcement is to achieve this regard. 12. Q. What assistance is available to help voluntary compliance. The requirement to to recipients who wish to come into take reasonable steps to provide meaningful [FR Doc. 03–20179 Filed 8–6–03; 8:45 am] compliance with Title VI? access to LEP persons is enforced and BILLING CODE 4153–01–P

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DEPARTMENT OF HEALTH AND Virginia 22161, or by telephone at (703) the CDC Global AIDS Program’s HUMAN SERVICES 605–6000. NTIS charges for copies of technical assistance to Mozambique for public health assessments and addenda. the following reasons: (1) The MOH is Agency for Toxic Substances and The NTIS order numbers are listed in uniquely positioned, in terms of legal Disease Registry parentheses following the site names. authority, ability, and credibility among [ATSDR–194] Public Health Assessments Completed Mozambican citizens, to collect crucial or Issued data on HIV/AIDS as well as to provide Public Health Assessments Completed care to HIV infected patients; (2) The Between January 1, 2003 and March MOH in Mozambique is mandated by AGENCY: Agency for Toxic Substances 31, 2003, public health assessments the Mozambican government to and Disease Registry (ATSDR), were issued for the sites listed below: Department of Health and Human implement care and treatment activities Services (HHS). NPL Sites necessary for the control of epidemics, ACTION: Notice. Illinois including HIV/AIDS; (3) The MOH already has an established network of SUMMARY: This notice announces those Downers Grove Groundwater health care facilities throughout sites for which ATSDR has completed Investigation (a/k/a Ellsworth Industrial Mozambique. They include treatment public health assessments during the Park) (PB2003–104162) centers, maternal-child health clinics, period from January 2003 through Massachusetts and HIV/AIDS care sites. These facilities March 2003. This list includes sites that are accessible and provide health are on or proposed for inclusion on the Hatchery Road (PB2003–104163) information and care for patients with National Priorities List (NPL), and Dated: August 4, 2003. includes sites for which assessments HIV/AIDS, enabling the MOH to become Georgi Jones, immediately engaged in the activities were prepared in response to requests Director, Office of Policy and External Affairs, from the public. listed in this announcement; and (4) Agency for Toxic Substances and Disease The MOH has trained physicians, FOR FURTHER INFORMATION CONTACT: Registry. nurses, and social workers already Robert C. Williams, P.E., DEE, Assistant [FR Doc. 03–20230 Filed 8–7–03; 8:45 am] working in their network of health care Surgeon General, Director, Division of BILLING CODE 4163–70–U Health Assessment and Consultation, facilities around the country who can Agency for Toxic Substances and carry out the activities listed in this Disease Registry, 1600 Clifton Road, DEPARTMENT OF HEALTH AND announcement. NE., Mailstop E–32, Atlanta, Georgia HUMAN SERVICES In April of 2002, the United States 30333, telephone (404) 498–0007. Department of Health and Human SUPPLEMENTARY INFORMATION: The most Centers for Disease Control and Services signed a memorandum of recent list of completed public health Prevention understanding with Mozambique’s assessments was published in the [Program Announcement 03088] Ministry of Health to collaborate on Federal Register on May 23, 2003 [68 research and program implementation FR 28228]. This announcement is the Monitoring and Evaluation, and related to HIV/AIDS. responsibility of ATSDR under the Information Systems Improvement to regulation, Public Health Assessments Implement Integrated Care and C. Funding and Health Effects Studies of Hazardous Prevention of HIV/AIDS in the Republic Approximately $900,000 is available Substances Releases and Facilities [42 of Mozambique; Notice of Intent to CFR part 90]. This rule sets forth Fund Single Eligibility Award in FY 2003 to fund this award. It is ATSDR’s procedures for the conduct of expected that the award will begin on or public health assessments under section A. Purpose before September 15, 2003, and will be 104(i) of the Comprehensive The Centers for Disease Control and made for a 12-month budget period Environmental Response, Prevention (CDC) announces the intent within a project period of up to three Compensation, and Liability Act to fund fiscal year (FY) 2003 funds for years. Funding estimates may change. (CERCLA), as amended by the a cooperative agreement program to D. Where To Obtain Additional Superfund Amendments and develop a five year strategic and Information Reauthorization Act (SARA) [42 U.S.C. operational plan, and monitoring and 9604(i)]. evaluation activities, in order to: For general comments or questions respond to the HIV/AIDS epidemic; Availability about this announcement, contact: establish an information system for Technical Information Management, The completed public health monitoring and evaluating HIV/AIDS; CDC Procurement and Grants Office, assessments and addenda are available and extend implementation of 2920 Brandywine Road, Atlanta, GA for public inspection at the Division of Prevention of Mother to Child 30341–4146, Telephone: 770–488–2700. Health Assessment and Consultation, Transmission activities in Mozambique. For technical questions about this Agency for Toxic Substances and The Catalog of Federal Domestic Disease Registry, Building 1825, Assistance number for this program is program, contact: Alfredo E. Vergara, Century Blvd, Atlanta, Georgia (not a 93.941. Ph.D., Director, Global AIDS Program, mailing address), between 8 a.m. and Mozambique, Centers for Disease 4:30 p.m., Monday through Friday B. Eligible Applicant Control and Prevention, Department of except legal holidays. The completed Assistance will be provided only to Health and Human Services, JAT public health assessments are also the Ministry of Health of Mozambique. Complex, Building 1, 420 Av. 25 de available by mail through the U.S. No other applications are solicited. Setembro, Fourth Floor #5, Maputo, Department of Commerce, National The MOH is the only appropriate and Mozambique, Telephone: (258 1)31 47 Technical Information Service (NTIS), qualified organization to conduct a 47, Fax: 31 44 60, E-mail: 5285 Port Royal Road, Springfield, specific set of activities supportive of [email protected].

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Dated: August 4, 2003. agreements with the MOHP. CDC GAP DEPARTMENT OF HEALTH AND Edward Schultz, CDC looks forward to sharing its HUMAN SERVICES Acting Director, Procurement and Grants expertise in all areas of surveillance Office, Centers for Disease Control and with the MOHP, the only national Centers for Disease Control and Prevention. agency in the government of Malawi Prevention [FR Doc. 03–20229 Filed 8–7–03; 8:45 am] that has responsibility and authority to [Program Announcement 03104] BILLING CODE 4163–18–P implement HIV/AIDS programs in the health sector. Strengthening Infectious Disease Control in the Democratic Republic of DEPARTMENT OF HEALTH AND The MOHP is located in Lilongwe, the the Congo; Notice of Intent To Fund HUMAN SERVICES capital of Malawi. The CHSU of the MOHP is located in Lilongwe, the Single Eligibility Award Centers for Disease Control and capital of Malawi. CHSU is a well- A. Purpose Prevention established entity in the MOHP and has The Centers for Disease Control and responsibility for preventive services, [Program Announcement 03063] Prevention (CDC) announces the intent including surveillance, and for the to fund fiscal year (FY) 2003 funds for Enhancement of HIV/AIDS Surveillance national lab. The national lab has been a cooperative agreement program to Activities and HIV Reference without adequate resources and needs Laboratory Program in Malawi; Notice strengthen the capacities of national CDC’s technical and financial support in control programs and local of Intent To Fund Single Eligibility order to fully perform its function as a Award nongovernmental organization partners national reference lab. This is critically to reduce the transmission and impact A. Purpose important at this particular juncture as of HIV/AIDS, other sexually transmitted Malawi expects to get a large Global The Centers for Disease Control and infections (STIs), Tuberculosis (TB) and Fund award and will need the national Prevention (CDC) announces the intent Malaria. The Catalog of Federal to fund fiscal year (FY) 2003 funds for reference lab functions in order to Domestic Assistance number for this a cooperative agreement program for the provide quality HIV services to the program is 93.947. population using these funds. enhancement of HIV/AIDS surveillance B. Eligible Applicant activities and an HIV reference C. Funding laboratory program in Malawi. The Assistance will be provided only to Catalog of Federal Domestic Assistance Approximately $750,000 is available the Kinshasa School of Public Health number for this program is 93.978. in FY 2003 to fund this award. It is (KSPH). No other applications are being solicited. The KSPH is the only expected that the award will begin on or B. Eligible Applicant appropriate and qualified organization before September 15, 2003, and will be to conduct a specific set of activities Assistance will be provided only to made for a 12-month budget period supportive of the CDC Global AIDS Malawi Ministry of Health and within a project period of up to three Population (MOHP) in Lilongwe, the Program’s technical assistance to the years. Funding estimate may change. capital of Malawi. The Ministry of DRC for the following reasons: Health and Population (MOHP) is a D. Where To Obtain Additional • The KSPH is strategically placed to unique agency in the sovereign country Information coordinate work with key departments of Malawi, charged with implementing of the Ministry of Health (MOH) and health care and public health measures For general comments or questions other DRC ministries as well as local nationwide. There is no other agency in about this announcement, contact: and international partners. • Malawi charged with planning and Technical Information Management, The KSPH has a well-grounded base actually implementing health care and CDC Procurement and Grants Office, of understanding and working public health activities in the public 2920 Brandywine Road, Atlanta, GA knowledge of basic public health sector. The MOHP of the Government of 30341–4146, Telephone: 770–488–2700. principles, specifically in the areas of Malawi is the only agency in the research, monitoring, evaluation, country that conducts HIV surveillance. For technical questions about this training and formal public health Over the past 18 months, the National program, contact: Margarett Davis, MD, education. KSPH is the only institution AIDS Commission (NAC), another MPH, Kang’ombe Building 8 West, of its caliber in Central Africa. branch of the Malawi Government, was Lilongwe, Malawi, Telephone Number: • The KSPH has extensive experience temporarily given responsibility for 265–1–775–188, Fax Number: 265–1– in working on infectious disease control surveillance at the national level. In 775–848, E-mail address: activities with U.S. Government 2003, this responsibility is moving back [email protected], C/o U.S. agencies, including CDC and USAID, as to the MOHP from the NAC. CDC has Embassy, P.O. Box 30016. Lilongwe 3, well as collaborating partners such as been providing financial and technical Malawi. Family Health International (FHI). • The KSPH has a transparent and support to the NAC for surveillance and Dated: August 4, 2003. is now arranging through this flexible administrative and financial Cooperative Agreement to provide a Edward Schultz, management capacity to conduct smooth transition of surveillance Acting Director, Procurement and Grants extensive public health and infectious activities back to the MOHP. Currently, Office, Centers for Disease Control and disease control activities in active a transitional team from NAC and the Prevention. collaboration with CDC and the MOH. surveillance unit at the MOHP have [FR Doc. 03–20232 Filed 8–7–03; 8:45 am] The KSPH is uniquely situated to responsibility for surveillance. In 2003, BILLING CODE 4163–18–P operate as an independent, third party this responsibility will move back to the health institution that maintains a MOHP from NAC. strategic separation administratively CDC–GAP is relatively new in Malawi and organizationally from the official and has no other formal funding governmental structures.

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C. Funding through the TNSACS, which is DEPARTMENT OF HEALTH AND Approximately $500,000 is available registered under the Government of HUMAN SERVICES in FY 2003 to fund this award. It is India Societies Act. TNSACS is Centers for Disease Control and expected that the award will begin on or recognized at the national level as the Prevention before September 15, 2003, and will be policy and planning organization for all made for a 12-month budget period programs related to HIV throughout the within a project period of up to five state. TNSACS is charged with carrying [Program Announcement 03126] years. Funding estimate may change. out and implementing the National and State Government policies on HIV/ Landmine Survivor Peer-Support D. Where To Obtain Additional Networks in Mine-Affected Countries; AIDS. Information Notice of Intent To Fund Single TNSACS has the infrastructure, For general comments or questions Eligibility Award including systems to manage funds, as about this announcement, contact: A. Purpose Technical Information Management, well as the human resources; the CDC Procurement and Grants Office, supervisory experience; and the The Centers for Disease Control and 2920 Brandywine Road, Atlanta, GA expertise needed to track funds. Prevention (CDC) announces the intent 30341–4146, Telephone: 770–488–2700. TNSACS, the State of Tamil Nadu, to fund fiscal year (FY) 2003 funds for For technical questions about this and CDC GAP have worked a cooperative program to continue the program, contact: Karen Hawkins-Reed, collaboratively in developing a plan to development, implementation, and Public Health Advisor, CDC/GAP/DRC, build infrastructure and provide evaluation of landmine survivor peer- Unit 31550, APO AE 908282–1550, training around information systems support networks in the landmine- Telephone: 243–997–0829, FAX: 243– and a quality assured laboratory at the affected countries of Bosnia, Jordan, El 880–3274, e-mail: [email protected]. Chennai-based Government Hospital for Salvador, Ethiopia, Mozambique and Dated: August 4, 2003. Thoracic Medicine (GHTM) since the Viet Nam. The Catalog of Federal Edward Schultz, CDC GAP established activities in Tamil Domestic Assistance number for this program is 93.283. Acting Director, Procurement and Grants Nadu in 2001. The TNSACS is uniquely Office, Centers for Disease Control and qualified to continue to support the B. Eligible Applicant Prevention. GHTM activities initiated by CDC GAP. Assistance will be provided only to [FR Doc. 03–20234 Filed 8–7–03; 8:45 am] It is also the most appropriate the Landmine Survivors Network (LSN), BILLING CODE 4163–18–U organization to support the replication the recipient of funding under the and expansion of CDC GAP activities original announcement. The CDC into other areas of the state. DEPARTMENT OF HEALTH AND cooperative agreement with LSN was HUMAN SERVICES C. Funding required by FY2000 congressional conference language. The sponsors of Centers for Disease Control and Approximately $50,000 is available in the language specifically directed CDC Prevention FY 2003 to fund this award. It is to directly support LSN’s project. expected that the award will begin on or Staffers from the offices of several [Program Announcement 03073] before September 15, 2003, and will be sponsors have, on a regular basis, Strengthen Tamil Nadu State AIDS made for a 12-month budget period followed up on the progress of the Control Society Response to HIV/AIDS within a project period of up to five cooperative agreement. Chennai, India; Notice of Intent To years. Funding estimate may change. In addition to this congressional Fund Single Eligibility Award intent, LSN is singularly qualified to D. Where To Obtain Additional conduct activities under this program, A. Purpose Information because it: The Centers for Disease Control and For general comments or questions 1. Designed, started and administers Prevention (CDC) announces the intent about this announcement, contact: these networks. to fund fiscal year (FY) 2003 funds for Technical Information Management, 2. Has existing staff, both a cooperative agreement program for the CDC Procurement and Grants Office, domestically and internationally, Tamil Nadu State AIDS Control Society 2920 Brandywine Road, Atlanta, GA trained in public health and social (TNSACS). The Catalog of Federal 30341–4146, Telephone: 770–488–2700. sciences related to landmine survivors. Domestic Assistance number for this For technical questions about this 3. Has a significant global presence, program is 93.941. allowing it to coordinate with local program, contact: Nancy Hedemark Nay, governments and international B. Eligible Applicant MPH, Associate Director for Operations, organizations in the implementation of Assistance will be provided only to Global AIDS Program, C/o U.S. projects related to landmine survivors. TNSACS. The State Government Consulate, 220 Mount Road, Chennai, 4. Is the primary non-governmental possesses the capability and 600 006, India, Telephone: 91–44–2811– organization (NGO) working with institutional capacity to collaborate with 2000. e-mail address: [email protected]. the CDC Global AIDS Program (GAP), landmine survivor issues. Dated: August 4, 2003. India in support of activities in the 5. Has an existing field presence public sector in a way that no other Edward Schultz, including the only peer-support agency or organization in the State of Acting Director, Procurement and Grants networks in each of the countries Tamil Nadu is qualified to do. Office, Centers for Disease Control and identified in this announcement. The State Government and the Prevention. It would be financially, logistically, National AIDS Control Organization [FR Doc. 03–20235 Filed 8–7–03; 8:45 am] and programmatically difficult for an (NACO) are currently implementing BILLING CODE 4163–18–P organization other than LSN to continue their HIV/AIDS activities and programs this program.

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C. Funding Antananarivo, Madagascar. No other DEPARTMENT OF HEALTH AND Approximately $3,300,000 is available applications are solicited. HUMAN SERVICES in FY 2003 to fund this award. It is PI is the most appropriate and Centers for Medicare and Medicaid expected that the award will begin on or qualified non-governmental Services before September 15, 2003, and will be organization in Madagascar to conduct made for a 12-month budget period the activities specified under this [Document Identifier: CMS–437, 437A, and within a project period of up to five cooperative agreement for the following 437B; CMS 576] years. Funding estimates may change. reasons: Agency Information Collection D. Where To Obtain Additional • PI has established collaborations Activities: Proposed Collection; Information with Madagascar health authorities on Comment Request health infrastructure such as the For general comments or questions AGENCY: Centers for Medicare and Integrated Disease Surveillance and about this announcement, contact: Medicaid Services. Technical Information Management, Response (IDSR) strategy. In compliance with the requirement CDC Procurement and Grants Office, • PI has the requisite expertise for of section 3506(c)(2)(A) of the 2920 Brandywine Road, Atlanta, GA management and coordination of the Paperwork Reduction Act of 1995, the 30341–4146, Telephone: 770–488–2700. logistics and finances of complicated Centers for Medicare and Medicaid For technical questions about this health projects. Services (CMS) (formerly known as the program, contact: Michael Gerber, MPH, • PI has the proven ability to Health Care Financing Administration International Emergency and Refugee (CMS)), Department of Health and successfully collaborate with CDC on Health Branch, National Center for Human Services, is publishing the health research and health Environmental Health, Centers for following summary of proposed Disease Control and Prevention, Mail infrastructure projects. collections for public comment. Stop F–48, 4770 Buford Highway, • PI has established collaborations Interested persons are invited to send Atlanta, GA 30341, Telephone: 770– with the Madagascar Ministry of Health comments regarding this burden 488–3520, E-mail address: as well as other high-level government estimate or any other aspect of this [email protected]. offices. collection of information, including any Dated: August 4, 2003. of the following subjects: (1) The C. Funding Edward Schultz, necessity and utility of the proposed Acting Director, Procurement and Grants Approximately $145,000 is available information collection for the proper Office, Centers for Disease Control and in FY 2003 to fund this award. It is performance of the agency’s functions; Prevention. expected that the award will begin on or (2) the accuracy of the estimated [FR Doc. 03–20227 Filed 8–7–03; 8:45 am] before September 15, 2003, and will be burden; (3) ways to enhance the quality, utility, and clarity of the information to BILLING CODE 4163–18–U made for a 12-month budget period be collected; and (4) the use of within a project period of up to five automated collection techniques or years. Funding estimate may change. DEPARTMENT OF HEALTH AND other forms of information technology to HUMAN SERVICES D. Where To Obtain Additional minimize the information collection Information burden. Centers for Disease Control and 1. Type of Information Collection Prevention For general comments or questions Request: Extension of a currently [Program Announcement 03160] about this announcement, contact: approved collection; Title of Technical Information Management, Information Collection: Psychiatric Unit Cooperative Agreement for Plague CDC Procurement and Grants Office, Criteria Worksheet, Rehabilitation Unit Clinical Trials with Prospect 2920 Brandywine Road, Atlanta, GA Criteria Worksheet, and Rehabilitation International in Madagascar; Notice of 30341–4146, Telephone: 770–488–2700. Hospital Criteria Worksheet, and Supporting Regulations at 42 CFR Intent To Fund Single Eligibility Award For technical questions about this 412.20–412.32; Form No.: CMS–437, program, contact: Jacob Kool, MD, A. Purpose 437A, and 437B (OMB# 0938–0358); Ph.D., Division of Vector-Borne The Centers for Disease Control and Use: The rehabilitation hospital/unit Infectious Diseases, National Center for Prevention (CDC) announces the intent and psychiatric unit criteria worksheets to fund fiscal year (FY) 2003 funds for Infectious Diseases, Centers for Disease are necessary to verify and reverify that a cooperative agreement program to Control and Prevention, Rampart Road these facilities/units comply and remain evaluate the effectiveness and safety of (Foothills Campus), Fort Collins, CO in compliance with the exclusion Gentamicin and other antibiotics for the 80521, Telephone: 970–266–3540, E- criteria for the Medicare prospective treatment of human plague, to evaluate mail: [email protected]. payment system; Frequency: Annually; newly available rapid dipstick tests for Dated: August 4, 2003. Affected Public: Business or other-for- the diagnosis of human plague, and to Edward Schultz, profit, Not-for-profit institutions, State, develop a long-term collaboration local, or tribal government.; Number of Acting Director, Procurement and Grants Respondents: 2,580; Total Annual between the CDC and Madagascar in the Office, Centers for Disease Control and area of plague research and prevention. Prevention. Responses: 2,580; Total Annual Hours: The Catalog of Federal Domestic 645. [FR Doc. 03–20228 Filed 8–7–03; 8:45 am] Assistance number for this program is 2. Type of Information Collection 93.283. BILLING CODE 4163–18–U Request: Extension of a currently approved collection; Title of B. Eligible Applicant Information Collection: Organ Assistance will be provided only to Procurement Organization (OPO) Prospect International (PI) in Request for Designation and Supporting

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Regulations in 42 CFR 486.301— (CMS)), Department of Health and Contained in 42 CFR 411.32(c); Form 486.325; Form No.: CMS–576 (OMB# Human Services, is publishing the No.: CMS–R–136) (OMB# 0938–0564); 0938–0512); Use: The information following summary of proposed Use: Section 411.32(c) requires a provided on this form serves as a basis collections for public comment. provider, supplier, or beneficiary to for certifying OPOs for participation in Interested persons are invited to send notify Medicare that a claim to a third the Medicare and Medicaid programs comments regarding this burden party was improperly filed; Frequency: and will indicate whether the OPO is estimate or any other aspect of this On occasion; Affected Public: Business meeting the specified performance collection of information, including any or other for-profit, Not-for-profit standards for reimbursement of service; of the following subjects: (1) The institutions, Individuals or households; Frequency: Annually; Affected Public: necessity and utility of the proposed Number of Respondents: 13,311; Total Business or other for-profit, and Not-for- information collection for the proper Annual Responses: 13,311; Total profit institutions; Number of performance of the agency’s functions; Annual Hours: 0. Respondents: 59; Total Annual (2) the accuracy of the estimated To obtain copies of the supporting Responses: 59; Total Annual Hours: burden; (3) ways to enhance the quality, statement and any related forms for the 118. utility, and clarity of the information to proposed paperwork collections To obtain copies of the supporting be collected; and (4) the use of referenced above, access CMS’s Web statement and any related forms for the automated collection techniques or Site address at http://cms.hhs.gov/ proposed paperwork collections other forms of information technology to regulations/pra/default.asp, or e-mail referenced above, access CMS’s Web minimize the information collection your request, including your address, Site address at http://cms.hhs.gov/ burden. phone number, OMB number, and CMS regulations/pra/default.asp, or e-mail 1. Type of Information Collection document identifier, to your request, including your address, Request: Extension of a currently [email protected], or call the Reports phone number, OMB number, and CMS approved collection; Title of Clearance Office on (410) 786–1326. document identifier, to Information Collection: End-Stage Renal Written comments and [email protected], or call the Disease (ESRD) Network Business recommendations for the proposed Reports Clearance Office on (410) 786– Proposal Forms and Supporting information collections must be mailed 1326. Written comments and Regulations in 42 CFR 405.2110 and within 30 days of this notice directly to recommendations for the proposed 405.2112; Form No.: CMS–684A–I the OMB desk officer: OMB Human information collections must be mailed (OMB# 0938–0658); Use: The Resources and Housing Branch, within 60 days of this notice directly to submission of business proposal Attention: Brenda Aguilar, New the CMS Paperwork Clearance Officer information by current ESRD networks Executive Office Building, Room 10235, designated at the following address: and other bidders, according to the Washington, DC 20503, Fax Number: CMS, Office of Strategic Operations and business proposal instructions, meets (202) 395–6974. Regulatory Affairs, Division of CMS’s need for meaningful, consistent, Regulations Development and and verifiable data when evaluating Dated: July 31, 2003. Issuances, Attention: Dawn Willinghan, contract proposals; Frequency: Other: Dawn Willinghan, Room: C5–14–03, 7500 Security Every 3 years; Affected Public: Not-for- Acting Paperwork Reduction Act Team Boulevard, Baltimore, Maryland 21244– profit institutions; Number of Leader, CMS Reports Clearance Officer, Office 1850. Respondents: 18; Total Annual of Strategic Operations and Strategic Affairs, Responses: 36; Total Annual Hours: Division of Regulations Development and Date: July 31, 2003. 1,080. Issuances. Dawn Willinghan, 2. Type of Information Collection [FR Doc. 03–20272 Filed 8–7–03; 8:45 am] Acting CMS Reports Clearance Officer, Request: Extension of a currently BILLING CODE 4120–03–P Division of Regulations Development and approved collection; Title of Issuances, Office of Strategic Operations and Information Collection: End-Stage Renal Strategic Affairs. Disease (ESRD) Network Semi-Annual DEPARTMENT OF HEALTH AND [FR Doc. 03–20271 Filed 8–7–03; 8:45 am] Cost Report Forms and Supporting HUMAN SERVICES BILLING CODE 4120–03–P Regulations in 42 CFR 405.2110 and 405.2112; Form No.: CMS–685 (OMB# Administration for Children and 0938–0657); Use: Submission of semi- Families DEPARTMENT OF HEALTH AND annual cost reports allows CMS to HUMAN SERVICES review, compare, and project ESRD Submission for OMB Review; Comment Request Centers for Medicare and Medicaid network costs. The reports are used as Services an early warning system to determine Title: 45 CFR 1304 Head Start whether the networks are in danger of Performance Standards. [Document Identifier: CMS–684A–I, CMS– exceeding the total cost of the contract. 685, CMS–R–136] Additionally, CMS can analyze line OMB No.: 0970–0148. Description: Head Start Performance Agency Information Collection item costs to identify any significant Standards require Head Start and Early Activities: Submission for OMB aberrations; Frequency: Semiannually; Head Start programs and Delegate Review; Comment Request Affected Public: Not-for-profit institutions; Number of Respondents: Agencies to maintain program records. AGENCY: Centers for Medicare and 18; Total Annual Responses: 36; Total The Administration for Children and Medicaid Services. Annual Hours: 108. Families is proposing to renew the In compliance with the requirement 3. Type of Information Collection authority to require certain of section 3506(c)(2)(A) of the Request: Reinstatement, without change, recordkeeping in all programs as Paperwork Reduction Act of 1995, the of a previously approved collection for provided for in 45 CFR 1304 Head Start Centers for Medicare and Medicaid which approval has expired; Title of Performance Standards. These Services (CMS) (formerly known as the Information Collection: Proper Claim Standards prescribe the services that Health Care Financing Administration Not Filed and Supporting Regulation Head Start and Early Head Start

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programs provide to enrolled children Respondents: Head Start and Early Annual Burden Estimates and their families. Head Start grantees.

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Standard ...... 2590 16 41.8 1,732,192

Estimated Total Annual Burden OMB No.: Revision of a currently the parent interview, and ratings of the Hours: 1,732,192. approved collection (OMB No. 0970– children’s academic progress and school Additional Information: Copies of the 0151). adjustment by kindergarten teachers. proposed collection may be obtained by Description: The Administration for The fourth wave of data collection writing to the Administration for Children and Families (AFC) of the Children and Families, Office of will occur in Spring 2006. Children who Department of Health and Human attended kindergarten the previous year Administration, Office of Information Services is requesting comments on will not be included in this wave. The Services, 370 L’Enfant Promenade, SW., plans to collect data on a new cohort for procedures for this effort will be the Washington, DC 20447, Attn: ACF the Head Start Family and Child Reports Clearance Officer. All requests Experience Survey (FACES). This study same as for kindergartners in Spring should be identified by the title of the is being conducted under contract with 2005. information collection. E-mail address: Westat, Inc. (with Xtria, LCC and The For the Head Start Quality Centers, [email protected]. CDM Group as their subcontractors) 100 children in eight sites will be OMB Comment: OMB is required to (contract #GS23F8144H; order followed during each of two program make a decision concerning the #03Y00318101D) to collect information years, 2003–2004 and 2004–2005. collection of information between 30 on Head Start performance measures. FACES procedures will be carried out, and 60 days after publication of this FACES will involve four waves of including child assessments, parent and document in the Federal Register. data collection. The first wave will teacher interviews, and observations of Therefore, a comment is best assured of occur in Fall 2003. Data will be having its full effect if OMB receives it types and quality of classroom collected on a sample of approximately activities. within 30 days of publication. Written 2,721 children and families from about This schedule of data collection is comments and recommendations for the 378 classrooms across 66 programs. Data proposed information collection should collection will include assessments of necessitated by the mandates of the be sent directly to the following: Office Head Start children, interviews with Government Performance and Results of Management and Budget, Paperwork their parents, and ratings by their Head Act (GPRA) of 1993 (Pub. L. 103–62), Reduction Project, Attn: Desk Officer for Start teachers. Further, site visitors will which requires that the Head Start ACF, e-mail address: interview Head Start teachers and make Bureau move expeditiously toward [email protected]. observations of the types and quality of development and testing of Head Start Dated: August 4, 2003. classroom activities. Performance Measures, and by the 1994 Robert Sargis, The second wave, which will be a reauthorization of Head Start (Head Reports Clearance Officer. repeat of the Fall 2003 data collection, Start Act, as amended, May 18, 1994, [FR Doc. 03–20259 Filed 8–7–03; 8:45 am] will occur in Spring 2004 when the Section 649(d)), which requires periodic BILLING CODE 4184–01–M sample children are at the end of their assessments of Head Start’s quality and first year of Head Start. effectiveness. The third wave will occur in Spring Respondents: Federal Government, DEPARTMENT OF HEALTH AND 2005, and will involve follow-up with Individuals or Households, and Not-for- HUMAN SERVICES children who at this time are either profit institutions. completing a second year in Head Start, Administration for Children and or completing kindergarten. For those Annual Burden Estimates: Families children who are still attending Head Submission for OMB Review; Start, data collection will follow the Comment Request same procedures as in Spring 2004. For those children attending kindergarten, Title: Head Start Family and Child data collection will include assessments Experience Survey (FACES) and Quality of Head Start children, an ‘‘update’’ Research Centers. survey of the information collected from

ESTIMATED RESPONSE BURDEN FOR RESPONDENTS TO THE HEAD START FAMILY AND CHILD EXPERIENCE SURVEY (FACES 2003)—FALL 2003, SPRING 2004, SPRING 2005, SPRING 2006

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Year 1 (2003): Head Start Parent Interview ...... 2,721 1 1.00 2,721 Head Start Child Assessment ...... 2,721 1 0.66 1,796 Teacher Child Rating ...... 378 7 0.25 662 Program Director Interview ...... 66 1 1.00 66 Center Director Interview ...... 171 1 1.00 171

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ESTIMATED RESPONSE BURDEN FOR RESPONDENTS TO THE HEAD START FAMILY AND CHILD EXPERIENCE SURVEY (FACES 2003)—FALL 2003, SPRING 2004, SPRING 2005, SPRING 2006—Continued

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Education Coordinator Interview ...... 171 1 0.75 128 Teacher Interview ...... 378 1 1.00 378 Year 2 (2004): Head Start Parent Interview ...... 2,313 1 0.75 1,735 Head Start Child Assessment ...... 2,313 1 0.66 1,527 Teacher Child Rating ...... 378 6 0.25 567 Family Service Coordinator Interview ...... 171 1 0.75 128 Year 3 (2005): Head Start Parent Interview ...... 818 1 0.75 614 Head Start Child Assessment ...... 818 1 0.66 540 Teacher Child Rating ...... 121 7 0.25 212 Kindergarten Parent Interview ...... 1,082 1 0.75 812 Kindergarten Child Assessment ...... 1,082 1 0.75 812 Kindergarten Teacher Questionnaire ...... 1,082 1 0.50 541 Year 4 (2006): Kindergarten Parent Interview ...... 695 1 0.75 521 Kindergarten Child Assessment ...... 695 1 0.75 521 Kindergarten Teacher Questionnaire ...... 695 1 0.50 348

Estimated Total Burden Hours (FACES): 14,800.

ESTIMATED RESPONSE BURDEN FOR RESPONDENTS TO THE HEAD START QUALITY RESEARCH CENTERS (FACES QRC 2003)—FALL 2003, SPRING 2004, FALL 2004, SPRING 2005

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Year 1 (2003): Head Start Parent Interview ...... 800 1 1.00 800 Head Start Child Assessment ...... 800 1 0.66 528 Teacher Child Rating ...... 80 10 0.25 200 Teacher Interview ...... 80 1 1.00 80 Year 2 (2004): Head Start Parent Interview ...... 1,480 1 1.00 1,480 Head Start Child Assessment ...... 1,480 1 0.66 977 Teacher Child Rating ...... 160 8 0.25 320 Year 3 (2005): Head Start Parent Interview ...... 680 1 1.00 680 Head Start Child Assessment ...... 680 1 0.66 449 Teacher Child Rating ...... 180 6 0.25 270

Estimated Total Burden Hours (QRC): Therefore, a comment is best assured of DEPARTMENT OF HEALTH AND 5,784. having its full effect if OMB receives it HUMAN SERVICES Estimated Annualized Burden for within 30 days of publication. Written both FACES and Quality Research comments and recommendations for the Food and Drug Administration Centers is 6861 hours. This annual proposed information collection should burden was calculated by dividing total be sent directly to the following: Office [Docket No. 2002N–0417] burden hours by three years. of Management and Budget, Paperwork Additional Information: Copies of the Reduction Project, Washington, DC, Agency Information Collection proposed collection may be obtained by Attn: Desk Officer for ACF, e-mail Activities; Announcement of OMB writing to The Administration for address: Approval; Applications for FDA Children and Families, Office of [email protected]. Approval to Market a New Drug: Patent Information Services, 370 L’Enfant Submission and Listing Requirements Promenade, SW, Washington, DC 20447, Dated: August 4, 2003. and Application of 30–Month Stays on Attn: ACF Reports Clearance Officer. E- Robert Sargis, Approval of Abbreviated New Drug mail address: [email protected]. Reports Clearance Officer. Applications Certifying That a Patent OMB Comment: OMB is required to [FR Doc. 03–20260 Filed 8–7–03; 8:45 am] Claiming a Drug Is Invalid or Will Not make a decision concerning the Be Infringed BILLING CODE 4184–01–M collection of information between 30 and 60 days after publication of this AGENCY: Food and Drug Administration, document in the Federal Register. HHS.

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ACTION: Notice. Dated: August 4, 2003. OMB, Attn: Fumie Yokota, Desk Officer Jeffrey Shuren, for FDA, FAX: 202–395–6974. SUMMARY: The Food and Drug Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: Administration (FDA) is announcing [FR Doc. 03–20199 Filed 8–7–03; 8:45 am] Denver Presley, Office of Management that a collection of information entitled BILLING CODE 4160–01–S Programs (HFA–250), Food and Drug ‘‘Applications for FDA Approval to Administration, 5600 Fishers Lane, Market a New Drug: Patent Submission Rockville, MD 20857, 301–827–1472. and Listing Requirements and DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In Application of 30–Month Stays on HUMAN SERVICES compliance with 44 U.S.C. 3507, FDA Approval of Abbreviated New Drug has submitted the following proposed Food and Drug Administration Applications Certifying That a Patent collection of information to OMB for Claiming a Drug Is Invalid or Will Not [Docket No. 1993P–0174] review and clearance. Be Infringed’’ has been approved by the Waiver From Labeling Requirements Office of Management and Budget Agency Information Collection Activities; Submission for OMB for New Animal Drugs Intended for Use (OMB) under the Paperwork Reduction in Liquid Medicated Animal Feed Act of 1995. Review; Comment Request; Requirements for Liquid Medicated Proposed § 558.5(i) specifies FOR FURTHER INFORMATION CONTACT: Animal Feed and Free-Choice procedures for obtaining a waiver from Karen L. Nelson, Office of Information Medicated Animal Feed labeling requirements for certain drugs Resources Management (HFA–250), intended for use in animal feed or Food and Drug Administration, 5600 AGENCY: Food and Drug Administration, drinking water but not approved for use Fishers Lane, Rockville, MD 20857, HHS. in liquid medicated feed. The request 301–827–1482. ACTION: Notice. for waiver must include a copy of the product label; a description of the SUPPLEMENTARY INFORMATION: SUMMARY In the : The Food and Drug formulation; and information to Federal Register of June 18, 2003 (68 FR Administration (FDA) is announcing establish that the physical, chemical, or 36676), the agency announced that the that the proposed collection of other properties of the product are such proposed information collection had information listed below has been that diversion to use in liquid been submitted to OMB for review and submitted to the Office of Management medicated feeds is unlikely. This clearance under 44 U.S.C. 3507. An and Budget (OMB) for review and information would be collected if the agency may not conduct or sponsor, and clearance under the Paperwork manufacturer or sponsor chose not to a person is not required to respond to, Reduction Act of 1995. include the required warning ‘‘FOR USE a collection of information unless it DATES: Submit written comments on the INlllll ONLY, NOT FOR USE IN displays a currently valid OMB control collection of information by September LIQUID MEDICATED FEEDS’’ on its number. OMB has now approved the 8, 2003. product label. The sponsor or information collection and has assigned ADDRESSES: OMB is still experiencing manufacturers would then need to OMB control number 0910–0513. The significant delays in the regular mail, satisfy the requirements of the waiver approval expires on July 31, 2006. A including first class and express mail, section of the regulation. All other data copy of the supporting statement for this and messenger deliveries are not being collections are covered under OMB information collection is available on accepted. To ensure that comments on control number 0910–0032. the Internet at http://www.fda.gov/ the information collection are received, Medicated feed manufacturing ohrms/dockets. OMB recommends that written facilities and sponsors of new animal comments be faxed to the Office of drugs used in the manufacture of Information and Regulatory Affairs, medicated feed.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

558.5(i) 1 1 1 5 5 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden estimate for this reporting Dated: August 4, 2003. DEPARTMENT OF HEALTH AND requirement was derived from data by Jeffrey Shuren, HUMAN SERVICES our Division of Animal Feeds, Center for Assistant Commissioner for Policy. Food and Drug Administration Veterinary Medicine, FDA. Only one [FR Doc. 03–20200 Filed 8–7–03; 8:45 am] respondent was used in these figures BILLING CODE 4160–01–S [Docket No. 2003N–0198] because although this particular waiver has been part of the regulations since Agency Information Collection 1973, it has never been utilized. We Activities; Submission for OMB estimated it would take 5 hours to Review; Comment Request; compile the required information Requirements for Medicated Feed Mill because of the time necessary to explain License why the drug would not be diverted to AGENCY: Food and Drug Administration, use in liquid feed. HHS.

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ACTION: Notice. comments be faxed to the Office of a final rule implementing the feed mill Information and Regulatory Affairs, licensing provisions of the Animal Drug SUMMARY: The Food and Drug OMB, Attn: Fumie Yokota, Desk Officer Availability Act of 1966 (Public Law Administration (FDA) is announcing for FDA, FAX: 202–395–6974. 104–250). The rule added a new 21 CFR that the proposed collection of FOR FURTHER INFORMATION CONTACT: part 515 to provide the requirements for information listed below has been Denver Presley, Office of Management medicated feed mill licensing. submitted to the Office of Management Programs (HFA–250), Food and Drug The rule sets forth the information to and Budget (OMB) for review and Administration, 5600 Fishers Lane, be included in medicated feed mill clearance under the Paperwork Rockville, MD 20857, 301–827–1472. license applications and supplemental Reduction Act of 1995. SUPPLEMENTARY INFORMATION: In applications. It also sets forth the DATES: Submit written comments on the compliance with 44 U.S.C. 3507, FDA criteria for, among other things, the collection of information by September has submitted the following proposed approval and refusal to approve a 8, 2003. collection of information to OMB for medicated feed mill license application, ADDRESSES: OMB is still experiencing review and clearance. as well as the criteria for the revocation significant delays in the regular mail, and/or suspension of a license. including first class and express mail, Medicated Feed Mill License Respondents to this collection of and messenger deliveries are not being Application—21 CFR Part 515 (OMB information are individuals or firms that accepted. To ensure that comments on Control Number 0910–0037)—Extension manufacture medicated animal feed. the information collection are received, In the Federal Register of November FDA estimates the burden of this OMB recommends that written 19, 1999 (64 FR 63195), FDA published collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

515.10 7 1 7 0.25 1.75

515.11 100 1 100 0.25 25.00

515.23 25 1 25 0.25 6.25

515.30 0.15 1 0.15 24.00 3.60

Total Burden Hours 36.6 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 per Record- Records Recordkeeper Total Hours keeping

510.305 1,160 1 1,160 0.03 34.80 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimated number of respondents DEPARTMENT OF HEALTH AND the following four categories: Bacitracin is derived from agency data on the HUMAN SERVICES methylene disalicylate single-ingredient number of medicated feed Type A medicated articles, manufacturers entering the market each Food and Drug Administration oxytetracycline and neomycin fixed- year, changing ownership or address, combination Type A medicated articles, [Docket No. 2003N–0324] requesting voluntary revocation of a and combination drug Type B and Type medicated feed mill license, and those Certain Antibiotic New Animal Drug C medicated feeds for poultry involved in revocation and/or Products and Use Combinations containing bacitracin. The agency is also suspension of a license. The estimate of Subject to Listings in the New Animal proposing to withdraw the new animal the time required for this reporting Drug Regulations; Drug Efficacy Study drug applications (NADAs) for those requirement is based on the agency Implementation; Notice of Opportunity products or use combinations lacking communication with industry. for Hearing substantial evidence of effectiveness, following a 90-day opportunity to Dated: August 4, 2003. AGENCY: Food and Drug Administration, supplement the NADAs with labeling Jeffrey Shuren, HHS. conforming to the relevant findings of Assistant Commissioner for Policy. ACTION: Notice of opportunity for effectiveness. For applications proposed [FR Doc. 03–20201 Filed 8–7–03; 8:45 am] hearing. to be withdrawn, the agency is providing an opportunity for hearing. BILLING CODE 4160–01–S SUMMARY: The Food and Drug Elsewhere in this issue of the Federal Administration (FDA) is announcing the Register, FDA is publishing a proposed effective conditions of use for certain rule to remove certain obsolete or drug products and use combinations in redundant sections of the new animal

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drug regulations where these subject a 2-year transition period, to animal approval of a new drug application, drug products and use combinations are drugs approved before 1962. This pre- master file, antibiotic regulation, or food listed. That proposed rule contains 1962 drug evaluation is known as the additive regulation, continues in effect background information about those Drug Efficacy Study Implementation and is subject to change in accordance regulations and also for this action. (DESI) program. In response to the need with the provisions of section 512 of the DATES: Submit written appearances and for an integrated approach, the DESI Federal Food, Drug, and Cosmetic Act a request for a hearing by September 8, program evaluated the efficacy of all (the act) (21 U.S.C. 360b). The nine 2003. Submit all data and analysis upon animal drug products, including products that are the subject of this which a request for a hearing relies by antibiotic new animal drugs used in notice are subject to this transitional October 7, 2003. Submit supplemental feed and antibiotic feed use approval provision. NADAs by November 6, 2003. combinations (see, e.g., § 558.15(b)(3) In addition, they are all listed in the ADDRESSES: Written requests for a (21 CFR 558.15(b)(3)) and 37 FR 21279 interim marketing provisions of hearing, data and analysis, and other (October 7, 1972)). Under the DESI § 558.15. A history of the interim written appearances are to be identified program, a new animal drug approved marketing provisions and the approval with Docket No. 2003N–0324 and before October 10, 1962, could continue status of the products listed in them is submitted to the Division of Dockets to be approved if the sponsor submitted contained in a notice of proposed Management (HFA–305), Food and Drug a supplemental NADA to revise the rulemaking published elsewhere in this Administration, 5630 Fishers Lane, rm. indications for use to those for which issue of the Federal Register. The 1061, Rockville, MD 20852. Submit the agency determined the drug to be agency has DESI finalized many of the supplemental new animal drug effective. products subject to the listings in applications to the Director, Office of This document announces the § 558.15, codifying their approvals in New Animal Drug Evaluation, c/o effective indications for which certain part 558 (21 CFR part 558) subpart B Document Control Unit (HFV–199), new animal drugs and drug (see, e.g., 61 FR 35949, July 9, 1996). Center for Veterinary Medicine, Food combinations may be marketed, and The nine products subject to this notice and Drug Administration, 7500 Standish provides an opportunity for hearing on are the only ones listed in § 558.15 that Pl., Rockville, MD 20855. those indications for which products are subject to DESI and that have not yet may not be marketed because they lack FOR FURTHER INFORMATION CONTACT: been DESI finalized. substantial evidence of effectiveness. Andrew J. Beaulieu, Center for There are nine products subject to this II. Findings of Effectiveness of Certain Veterinary Medicine (HFV–1), 7519 notice, and they fall into the following Drugs Listed in § 558.15 Standish Pl., Rockville, MD 20855, 301– four categories: A. Bacitracin Methylene Disalicylate 827–2954, e-mail: 1. Bacitracin methylene disalicylate [email protected]. Single-Ingredient Type A Medicated (BMD) single-ingredient Type A Articles SUPPLEMENTARY INFORMATION: medicated article, 2. Oxytetracycline and neomycin The following drug is covered by the I. Background fixed-combination Type A medicated DESI findings of effectiveness for BMD In 1962, Congress amended the new articles, in animal feed: drug provisions, which then applied to 3. Combination drug Type B and Type • NADA 141–137, FORTRACIN MD new drugs intended for both man and C medicated feeds for poultry 50 (BMD) Type A medicated article other animals, to require that a new containing nicarbazin, and used to make Type B and Type C drug be shown to be both safe and 4. Combination drug Type B and Type medicated feeds. Pennfield Oil Co., effective before marketing (the Drug C medicated feeds for poultry 14040 Industrial Rd., Omaha, NE 68137. Amendments of 1962, Public Law 87– containing bacitracin. In 1970, FDA announced its DESI 781, 76 Stat. 780). Before 1962, animal Under section 108(b)(2) of Public Law findings of effectiveness for feed use of drug approvals did not require a 90–399 (82 Stat. 353), the Animal Drug BMD (35 FR 11531, July 17, 1970, as demonstration of effectiveness. Under Amendments of 1968, any approval of a corrected by 35 FR 15408, October 2, the 1962 amendments, the effectiveness new animal drug granted prior to the 1970). Table 1 of this document requirement was made applicable, after law’s effective date, whether through summarizes FDA’s conclusions.

TABLE 1.—DESI FINDINGS OF EFFECTIVENESS FOR USE OF BACITRACIN METHYLENE DISALICYLATE IN ANIMAL FEED

Bacitracin methylene disalicylate in grams per ton (g/ton) Indications for use Limitations

4 to 50 Chickens, turkeys, and pheasants: For increased rate of weight gain and improved feed efficiency.

5 to 20 Quail not over 5 weeks of age: For increased rate of weight gain and improved feed efficiency.

The agency notes that there are elsewhere in this issue of the Federal and their approved species, use levels, several potential sources of confusion Register). Section 558.15(g)(1) contains and indications for use. An example of regarding NADA 141–137 and the a table that lists antibacterial Type A the problems with this table is that the interim marketing provision for BMD in medicated articles that are eligible for sponsors it lists for BMD—A. L. § 558.15(g)(1) (further information about interim marketing based on compliance Laboratories, Inc., and Fermenta Animal this provision is contained in a notice with other provisions of § 558.15, and Health Co.—are outdated. These of proposed rulemaking published specifies the sponsors of these articles companies are predecessors in interest

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to the current sponsors, which are been approved prior to 1968, and stated We are not aware of any additional Alpharma, Inc., and Pennfield Oil Co., that it was subject to the transitional approved indications beyond those respectively. approval provisions of the Animal Drug listed in the original § 558.76 from 1976 A second, more complicated example Amendments of 1968. The company for Pennfield Oil Co.’s product. If the involves BMD’s approved conditions of also provided information about the sponsor has additional information on use. Rather than listing the use levels approved indications. One piece of the other approved indications, such and indications for use for which information, included with the information should be provided to FDA interim marketing is permitted, the table September letter, is a product label during this administrative process. in § 558.15(g)(1) contains a reference to dated February 1969. BIVI stated that B. Oxytetracycline and Neomycin Fixed- another section of the regulations. When this label is consistent with § 558.15. Combination Type A Medicated Articles the table was first published in 1976, This was probably intended to mean the this reference was to the uses and interim marketing table in § 558.15 as it The agency is making findings of indications listed in 21 CFR 121.225 was originally issued in 1976 since the effectiveness for oxytetracycline and and 121.252 (see 41 FR 8282, February label’s indications are generally neomycin fixed-combination Type A 25, 1976). These were the conditions of consistent with, albeit somewhat medicated articles for use in animal use for which the BMD products were narrower than, BMD’s indications listed feed. These findings cover the following approved, under the transitional in the table at the time. Given this drugs: approval provisions of the Animal Drug consistency and given that the date of • NADA 94–975, NEO–TERRAMYCIN Amendments of 1968. Shortly the label is just a few months before the (oxytetracycline and neomycin). Phibro thereafter, these uses were recodified in effective date of the transitional Animal Health, 710 Route 46 East, suite § 558.76 and the reference in approval provision, the label provides 401, Fairfield, NJ 07004. § 558.15(g)(1) was adjusted accordingly good evidence that the product was • NADA 138–939, NEO–OXY (41 FR 10984, March 15, 1976). Since subject to transitional approval and the (oxytetracycline and neomycin). that recodification, § 558.76 has been indications for which it was Pennfield Oil Co., 14040 Industrial Rd., amended numerous times to reflect the transitionally approved. Omaha, NE 68137. approval of supplemental applications, However, two other pieces of Both of these products are two-way, based on proprietary data, that were information appear to be inconsistent fixed-combination Type A medicated filed by sponsors other than Pennfield with the indications for which FDA articles used to make two-way Oil Co. or its predecessors in interest believes Pennfield Oil Co.’s BMD combination drug Type C medicated (see, e.g., 63 FR 40824, July 31, 1998). product is transitionally approved. The feeds at use levels for the species and At the time of these amendments to November 1998 letter from BIVI states indications listed in § 558.15(g)(2). The § 558.76, the table in § 558.15(g)(1) was that the product was approved for ‘‘the drug sponsor information in this listing not updated by removing the simple indications for use itemized in 21 CFR is outdated, however, designating Pfizer, cross reference to § 558.76 and by § 558.78,’’ which was presumably meant Inc., Pennfield Oil Co., and VPO, Inc., adding in its place a correct reference or to be § 558.76 since the other regulation instead of Phibro Animal Health and a correct listing of the uses for which (§ 558.78) concerns bacitracin zinc. It is Pennfield Oil Co. interim marketing was permitted. Thus, unclear whether BIVI meant the The National Academy of Sciences/ the table is misleading unless the reader indications in § 558.76 in 1976 or 1998. National Research Council (NAS/NRC) already knows the indications for which Also unclear is the meaning of two assisted FDA in its DESI program for the sponsors are approved or reviews labels faxed by BIVI to FDA on numerous animal drug products. While the changes made over time to §§ 558.15 December 9, 1998. These are in the NAS/NRC did not evaluate the efficacy and 558.76. product’s current NADA file, although data relating to these combinations, The confusion caused by the reference without any cover page or other FDA has conducted such a review. This in § 558.15(g)(1) to the use levels and explanatory notes. These labels, one a review was based on the agency’s indications for use in § 558.76 is subset of the other, specify indications findings of effectiveness for illustrated by, and perhaps exacerbated that are much closer to those listed in oxytetracycline and neomycin single- by, the administrative record for NADA § 558.76 in 1998 than to those that were ingredient feed use products, which in 141–137. As happened with several transitionally-approved. It is possible turn were based on NAS/NRC’s other products listed in § 558.15, it that the labels BIVI faxed to FDA on evaluation (see 35 FR 7089, May 5, became apparent in the 1990s that the December 9, 1998, were based on 1970, and 36 FR 837, January 19, 1971). administrative record for this NADA § 558.76 as it existed at that time, given FDA has determined that its previous was incomplete, calling into question its that the BMD listing in § 558.15 findings of effectiveness for the single approval status. This is described in contained the misleading cross- ingredients are applicable to the more detail in the proposed rule to reference to § 558.76. combinations in the absence of remove § 558.15 published elsewhere in On December 17, 1998, FDA sent BIVI information indicating interference in this issue of the Federal Register. In a letter stating that the agency received effectiveness between individual 1998, to help resolve the approval the company’s November certification ingredients. The agency’s review also status, the company that owned the that amended the September letter, that considered information about the product at the time, Boehringer the certification would be used as part effectiveness submitted to these two Ingelheim Vetmedica, Inc. (BIVI), of the administrative record of approval, NADAs, although this information did certified that the product was approved and that the agency planned to codify not alter the agency’s conclusions based pre-1968 and provided supporting this approval as soon as possible given on the single-ingredient findings. Tables information. This certification was resource constraints and public health 2, 3, 4, and 5 of this document made by a letter dated September 18, priorities. FDA’s letter also referred to summarize FDA’s findings of 1998, as amended by a letter dated the indications ‘‘specified in the effectiveness for oxytetracycline and November 17, 1998. It provided labeling attached to [BIVI’s] letter.’’ neomycin fixed-combination Type A historical information about the However, FDA’s letter does not state to medicated articles for use in animal product, stated that the product had which labeling it is referring. feed.

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TABLE 2.—DESI FINDINGS OF EFFECTIVENESS FOR USE OF OXYTETRACYCLINE AND NEOMYCIN ADMINISTERED IN CHICKEN FEED IN A 1:1 RATIO

Oxytetracycline and neomycin amount in g/ton of feed Indications for use Limitations

10 to 50 Chickens: For increased rate of weight gain and im- Do not feed to chickens producing eggs for human proved feed efficiency. consumption.

100 to 200 Chickens: For control of infectious synovitis caused by Feed continuously for 7 to 14 days (d); do not feed to Mycoplasma synoviae; control of fowl cholera chickens producing eggs for human consumption; in caused by Pasteurella multocida susceptible to oxy- low calcium feed, withdraw 3 d before slaughter. tetracycline.

400 Chickens: For control of chronic respiratory disease Feed continuously for 7 to 14 d; do not feed to chick- (CRD) and air sac infection caused by M. ens producing eggs for human consumption; in low gallisepticum and Escherichia coli susceptible to ox- calcium feeds, withdraw 3 d before slaughter. ytetracycline.

500 Chickens: For reduction of mortality due to air Feed continuously for 5 d; do not feed to chickens sacculitis (air-sac- infection) caused by E. coli sus- producing eggs for human consumption; withdraw ceptible to oxytetracycline. 24 hours before slaughter; in low calcium feeds withdraw 3 d before slaughter.

TABLE 3.—DESI FINDINGS OF EFFECTIVENESS FOR USE OF OXYTETRACYCLINE AND NEOMYCIN ADMINISTERED IN TURKEY FEED IN A 1:1 RATIO

Oxytetracycline and neomycin amount Indications for use Limitations

10 to 50 g/ton of feed Growing turkeys: For increased rate of weight and im- Do not feed to turkeys producing eggs for human con- proved feed efficiency. sumption.

100 g/ton of feed Turkeys: For control of hexamitiasis caused by Hexamita Feed continuously for 7 to 14 d; do not feed to turkeys meleagridis susceptible to oxytetracycline. producing eggs for human consumption.

200 g/ton of feed Turkeys: For control of infectious synovitis caused by M. Feed continuously for 7 to 14 d; withdraw 5 d before synoviae susceptible to oxytetracycline. slaughter; do not feed to turkeys producing eggs for human consumption.

25 milligrams per pound Turkeys: For control of complicating bacterial organisms Feed continuously for 7 to 14 d; withdraw 5 d before (mg/lb) of body weight associated with bluecomb (transmissible enteritis; slaughter; do not feed to turkeys producing eggs for daily coronaviral enteritis) susceptible to oxytetracycline. human consumption.

TABLE 4.—DESI FINDINGS OF EFFECTIVENESS FOR USE OF OXYTETRACYCLINE AND NEOMYCIN ADMINISTERED IN SWINE FEED IN A 1:1 RATIO

Oxytetracycline and neomycin amount Indications for use Limitations

10 to 50 g/ton of feed Swine: For increased rate of weight and improved feed efficiency

10 mg/lb of body weight daily Swine: For treatment of bacterial enteritis caused by Feed continuously for 7 to 14 d; withdraw 5 d before E. coli and Salmonella choleraesuis and bacterial slaughter. pneumonia caused by P. multocida susceptible to oxytetracycline; treatment and control of colibacillosis (bacterial enteritis) caused by E. coli susceptible to neomycin.

10 mg/lb of body weight daily Breeding swine: For control and treatment of lepto- Feed continuously for not more than 14 d; withdraw 5 spirosis (reducing the incidence of abortion and d before slaughter. shedding of leptospirae) caused by Leptospira po- mona susceptible to oxytetracycline.

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TABLE 5.—DESI FINDINGS OF EFFECTIVENESS FOR USE OF OXYTETRACYCLINE AND NEOMYCIN ADMINISTERED IN CATTLE AND SHEEP FEED IN A 1:1 RATIO

Oxytetracycline and neomycin Indications for use Limitations amount

10 to 20 g/ton of Sheep: For increased rate of weight gain and improved feed feed efficiency.

0.05 to 0.1 mg/lb Calves (up to 250 lb): For increased rate of weight gain and Feed continuously; in milk replacers or starter feed. of body weight improved feed efficiency. daily

10 mg/lb of body Calves and beef and nonlactating dairy cattle: For treatment Feed continuously for 7 to 14 d in feed or milk replacers. If weight daily of bacterial enteritis caused by E. coli and bacterial pneu- symptoms persist after using for 2 or 3 d, consult a veteri- monia (shipping fever complex) caused by P. multocida narian. Treatment should continue 24 to 48 hours beyond susceptible to oxytetracycline; treatment and control of remission of disease symptoms. A withdrawal period has colibacillosis (bacterial enteritis) caused by E. coli suscep- not been established for use in preruminating calves. Do tible to neomycin. not use in calves to be processed for veal. A milk discard time has not been established for use in lactating dairy cattle. Do not use in female dairy cattle 20 months of age or older. Withdraw 5 d before slaughter.

10 mg/lb of body Calves (up to 250 lb): For the treatment of bacterial enteritis Feed continuously for 7 to 14 d in milk replacers or starter weight daily caused by E. coli susceptible to oxytetracycline; treatment feed. If symptoms persist after using for 2 or 3 d, consult and control of colibacillosis (bacterial enteritis) caused by a veterinarian. Treatment should continue 24 to 48 hours E. coli susceptible to neomycin. beyond remission of disease symptoms. A withdrawal pe- riod has not been established for use in preruminating calves. Do not use in calves to be processed for veal. A milk discard time has not been established for use in lac- tating dairy cattle. Do not use in female dairy cattle 20 months of age or older. Withdraw 5 d before slaughter.

10 mg/lb of body Sheep: For the treatment of bacterial enteritis caused by E. Feed continuously for 7 to 14 d. If symptoms persist after weight daily coli and bacterial pneumonia caused by P. multocida sus- using for 2 or 3 d, consult a veterinarian. Treatment ceptible to oxytetracycline; treatment and control of should continue 24 to 48 hours beyond remission of dis- colibacillosis (bacterial enteritis) caused by E. coli suscep- ease symptoms. Withdraw 5 d before slaughter. tible to neomycin.

25 mg/head/d Calves (250 to 400 lb): For increased rate of weight gain and improved feed efficiency.

75 mg/head/d Growing cattle (over 400 lb): For increased rate of weight gain, improved feed efficiency, and reduction of liver con- demnation due to liver abscesses.

0.5 to 2.0 g/head/d Cattle: For prevention and treatment of the early stages of Feed 3 to 5 d before and after arrival in feedlots. A with- shipping fever complex. drawal period has not been established for use in preruminating calves. Do not use in calves to be proc- essed for veal. A milk discard time has not been estab- lished for use in lactating dairy cattle. Do not use in fe- male dairy cattle 20 months of age or older.

C. Combination Drug Type B and Type • NADA 100–853, for the combination combinations, FDA has conducted such C Medicated Feeds for Poultry use of NICARBAZIN (nicarbazin), a review. This review was based on the Containing Nicarbazin BACIFERM (BMD), and 3–NITRO agency’s findings of effectiveness for (roxarsone). Phibro Animal Health. bacitracin zinc, nicarbazin, procaine The agency is making findings of These three combination drugs are for penicillin, and roxarsone single- effectiveness for combination drug Type uses listed in § 558.15(g)(2). The drug ingredient feed use products, which in B and Type C medicated feeds sponsor information in the listing is turn were based on NAS/NRC’s containing nicarbazin. These findings outdated, designating The Upjohn Co. evaluation (see 35 FR 12490, August 5, cover the following drugs: instead of Phibro Animal Health. In 1970 (bacitracin zinc); 34 FR 6495, April • NADA 98–371, for the combination addition, rather than itemizing the 15, 1969 (nicarbazin); 35 FR 11534, July use of NICARBAZIN (nicarbazin), indications for use, the listing gives 17, 1970 (procaine penicillin); and 35 PENICILLIN G PROCAINE (procaine references to the indications itemized in FR 14273, September 10, 1970 penicillin), and 3–NITRO (roxarsone). §§ 558.325, 558.355, and 558.530. These (roxarsone)). FDA has determined that Phibro Animal Health. references are not accurate since they its previous findings of effectiveness are • NADA 98–374, for the combination are for lincomycin, monensin, and applicable to the combinations in the use of NICARBAZIN (nicarbazin) and roxarsone. absence of information indicating PENICILLIN G PROCAINE (procaine While NAS/NRC did not evaluate the interference in effectiveness between penicillin). Phibro Animal Health. efficacy data relating to these individual ingredients. Table 6 of this

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document summarizes FDA’s findings drug Type B and Type C medicated of effectiveness for certain combination feeds containing nicarbazin.

TABLE 6.—FINDINGS OF EFFECTIVENESS FOR USE OF CERTAIN DRUG COMBINATIONS CONTAINING NICARBAZIN IN POULTRY FEED

Type A article in g/ton Type A article in g/ton Type A article in g/ton Indications for use Limitations

Nicarbazin 90.8 to 181.6 Bacitracin methylene disa- Roxarsone 22.7 to 45.4 Growing chickens: As an Feed continuously as sole (0.01 to 0.02 percent licylate 4 to 50 aid in preventing out- ration from time chicks (pct) breaks of cecal (Eimeria are placed on litter until tenella) and intestinal (E. past the time when coc- acervulina, E. maxima, cidiosis is ordinarily a E. necatrix, and E. hazard; do not use as a brunetti) coccidiosis, and treatment for outbreaks for increased rate of of coccidiosis. As a sole weight gain, improved source of organic ar- feed efficiency, and im- senic; drug overdose or proved pigmentation. lack of water may result in leg weakness. Do not use in flushing mashes. Do not feed to laying hens in production. Dis- continue medication 5 d before marketing the birds for human con- sumption to allow for elimination of the drug from edible tissue.

Nicarbazin 90.8 to 181.6 Procaine penicillin 2.4 to Growing chickens: As an Feed continuously as sole (0.01 to 0.02 pct) 50 aid in preventing out- ration from time chicks breaks of cecal (Eimeria are placed on litter until tenella) and intestinal (E. past the time when coc- acervulina, E. maxima, cidiosis is ordinarily a E. necatrix, and E. hazard; do not use as a brunetti) coccidiosis, and treatment for outbreaks for increased rate of of coccidiosis. Do not weight gain and im- use in flushing mashes. proved feed efficiency. Do not feed to chickens producing eggs for human consumption. Discontinue medication 4 d before marketing the birds for human con- sumption to allow for elimination of the drug from edible tissue.

Nicarbazin 90.8 to 181.6 Procaine penicillin 2.4 to Roxarsone 22.7 to 45.4 Growing chickens: As an Feed continuously as sole (0.01 to 0.02 pct) 50 aid in preventing out- ration from time chicks breaks of cecal (Eimeria are placed on litter until tenella) and intestinal (E. past the time when coc- acervulina, E. maxima, cidiosis is ordinarily a E. necatrix, and E. hazard; do not use as a brunetti) coccidiosis, and treatment for outbreaks for increased rate of of coccidiosis. As a sole weight gain, improved source of organic ar- feed efficiency, and im- senic; drug overdose or proved pigmentation. lack of water may result in leg weakness. Do not use in flushing mashes. Do not feed to chickens producing eggs for human consumption. Discontinue medication 5 d before marketing the birds for human con- sumption to allow for elimination of the drug from edible tissue.

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D. Combination Drug Type B and Type These three combination drugs are for (roxarsone)). The effectiveness of C Medicated Feeds for Poultry uses listed in § 558.15(g)(2). The drug zoalene in these combinations was Containing Bacitracin sponsor information in the listing is based on FDA’s review of a food The agency is making findings of outdated, designating A. L. Laboratories, additive petition containing effectiveness for combination drug Type Inc., instead of Alpharma, Inc. effectiveness data (see 27 FR 11546, B and Type C medicated feeds While NAS/NRC did not evaluate the November 24, 1962). FDA has containing bacitracin. These findings efficacy data relating to these determined that its previous findings of cover the following drugs: combinations, FDA has conducted such effectiveness are applicable to the • NADA 141–130, for the combination a review. This review was based on the combinations in the absence of use of BMD and zoalene. Alpharma, agency’s findings of effectiveness for information indicating interference in Inc., One Executive Dr., P.O. Box 1399, BMD, bacitracin zinc, nitarsone, effectiveness between individual Fort Lee, NJ 07024. roxarsone, and zoalene single-ingredient ingredients. Table 7 of this document • feed use products. Most of these were NADA 141–131, for the combination summarizes FDA’s findings of based on NAS/NRC’s evaluation (see 35 use of BMD, zoalene, and roxarsone. effectiveness for certain combination Alpharma, Inc. FR 11531, July 17, 1970 (BMD); 35 FR drug Type B and Type C medicated • NADA 141–132, for the combination 12490, August 5, 1970 (bacitracin zinc); use of zinc bacitracin and nitarsone. 34 FR 6494, April 15, 1969 (nitarsone); feeds containing bacitracin. Alpharma, Inc. and 35 FR 14273, September 10, 1970

TABLE 7.—FINDINGS OF EFFECTIVENESS FOR USE OF CERTAIN DRUG COMBINATIONS CONTAINING BACITRACIN IN POULTRY FEED

Type A article in g/ton Type A article in g/ton Type A article in g/ton Indications for use Limitations

Bacitracin 4 to 50 Zoalene 36.3 to 113.5. Replacement chickens: As bacitracin methylene di- For increased rate of salicylate. Grower ration weight gain and im- not to be fed to birds proved feed efficiency; over 14 weeks of age; and for development of feed as in active immunity to coc- § 558.680(d)(1)(i). cidiosis.

Bacitracin 4 to 50 Zoalene 36.3 to 113.5. Roxarsone 22.7 to 45.4 Replacement chickens: As bacitracin methylene di- For increased rate of salicylate; discontinue weight gain and im- use 5 d before slaugh- proved feed efficiency; ter; as sole source of or- for development of ac- ganic arsenic; drug over- tive immunity to coccidi- dose or lack of water osis; and for improved may result in leg weak- pigmentation. ness. Grower ration not to be fed to birds over 14 weeks of age; feed as in § 558.680(d)(1)(i).

Bacitracin 4 to 50 Nitarsone 170 (0.01875 Growing turkeys: For in- As bacitracin zinc; dis- pct) creased rate of weight continue use 5 d before gain and improved feed slaughter. Early medica- efficiency; and as an aid tion is essential to pre- in the prevention of vent spread of disease. blackhead. Adequate drinking water must be provided near feeder at all times. The drug is not effective in preventing blackhead in birds infected more than 4 or 5 d. The drug is dangerous for ducks, geese, and dogs. Over- dosage or lack of water may result in leg weak- ness or paralysis. Use as sole source of ar- senic.

E. Applicability of Findings of document constitutes a bar to further F. Applicability of Pending Notices of Effectiveness proceedings with respect to questions of Opportunity for Hearing The findings of effectiveness as the safety of the subject drugs in treated In the Federal Registers of August 30, described previously in this document animals or of the drugs or their 1977 (42 FR 43772), and October 21, are concerned only with a drug’s metabolites in food products derived 1977 (42 FR 56264), the Director of the effectiveness for the stated conditions in from treated animals. Center for Veterinary Medicine (CVM) the treated animals. Nothing in this issued notices of opportunity for

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hearing (NOOHs) on proposals to represented to have under the must set forth specific facts showing withdraw approval of NADAs for all conditions of use prescribed, that there is a genuine and substantial penicillin-containing premix products recommended, or suggested in the issue of fact that requires a hearing. If intended for use in animal feed and for labeling. An order withdrawing it conclusively appears from the face of certain subtherapeutic uses of approval will not issue with respect to the data, information, and factual tetracyclines (chlortetracycline and any application supplemented in analyses in the request for hearing that oxytetracycline) in animal feed. Some of accordance with this document to delete there is no genuine and substantial issue these products are listed in § 558.15. any indication for use lacking of fact that precludes the withdrawal of These NOOHs are still pending and substantial evidence of effectiveness. approval of the application, or when a nothing in this document constitutes a This notice of opportunity for hearing request for hearing is not made in the bar to subsequent action to withdraw encompasses, in addition to the ground required format or with the required approval on the grounds cited in the for the proposed withdrawal of the outstanding NOOHs. approvals, all issues relating to the legal analyses, the Commissioner of Food and status of the drug products subject to it, Drugs will enter summary judgment G. Marketing e.g., any contention that any such against the person who requests a Marketing of the products that are the product is not a new animal drug within hearing, making findings and subject of this document, and which are the meaning of section 201(w) of the act conclusions, and denying a hearing. approved, may be continued, provided (21 U.S.C. 321(w)). If a hearing is requested and is that, on or before (see DATES), the holder In accordance with section 512 of the justified by the sponsor’s response to of the application submits a signed act and part 514 (21 CFR part 514) and this notice of opportunity for hearing, Form FDA 356v New Animal Drug under the authority delegated to the the issues will be defined, an Application and complete product Director of CVM (21 CFR 5.502), a administrative law judge will be labeling (including specimen labeling sponsor and all other persons subject to assigned, and a written notice of the for Type B and Type C medicated feeds) this document are hereby given an time and place at which the hearing will conforming to the applicable findings of opportunity for hearing to show why effectiveness. approval of the applications should not commence will be issued as soon as Supplemental NADAs that are filed in be withdrawn. practicable. response to this document and comply A sponsor or any other person subject All submissions under this document with the requirements set forth will be to this document who wishes to request must be filed in four copies. Except for approved, and documents will be a hearing must file: (1) On or before (see data and information prohibited from published in the Federal Register DATES), a written notice of appearance public disclosure by law, the amending the approval regulations in and request for a hearing, and (2) on or submissions may be seen in the Division accordance with the approval and before (see DATES), the data, of Dockets Management (see ADDRESSES) identifying the sponsor under section information, and analyses relied on to between 9 a.m. and 4 p.m. Monday 512(i) of the act. demonstrate that there is a genuine and through Friday. This document is issued substantial issue of fact to justify a III. Notice of Opportunity for Hearing under section 512 of the act and under hearing as specified in § 514.200. Any the authority delegated to the Director of On the basis of all available data and other interested person may also submit information, the Director of CVM is comments on this document. CVM (21 CFR 5.502). unaware of any adequate and well- Procedures and requirements governing IV. Environmental Impact controlled clinical investigation, this notice of opportunity for hearing, a conducted by experts qualified by notice of appearance and request for a The agency has determined under 21 scientific training and experience, hearing, submission of data, CFR 25.33(g) that this action is of a type meeting the requirements of section 512 information, and analyses to justify a that does not individually or of the act that demonstrates hearing, other comments, and a grant or cumulatively have a significant effect on effectiveness of the drugs listed in denial of a hearing, are contained in the human environment. Therefore, section II of this document, for their § 514.200 and 21 CFR part 12. neither an environmental assessment labeled indications of use other than the The failure of a holder of an approval, nor an environmental impact statement effective claims as stated in this or any other party subject to this is required. document. document, to file a timely written Therefore, notice is given to the appearance and request for hearing as V. Paperwork Reduction Act of 1995 sponsors of the NADAs for the nine required by § 514.200 constitutes an animal drug products or combination election not to avail itself of the The collections of information uses described in section II of this opportunity for hearing and a waiver of requirements for this document are document, and to all other interested any contentions concerning the legal covered under OMB control numbers persons, that the Director of CVM status of any such drug product, and the 0910–0032 and 0910–0184. proposes to issue an order under section Director of CVM will summarily enter a Dated: August 1, 2003. 512(e) of the act withdrawing approval final order withdrawing the approval. Stephen F. Sundlof, of the NADAs providing for any claims Any such drug product labeled other Director, Center for Veterinary Medicine. other than those classified in this than for the effective claims identified [FR Doc. 03–20241 Filed 8–5–03; 4:09 pm] document as effective. The ground for in this document may not thereafter be the proposed withdrawal is that new marketed lawfully, and FDA will BILLING CODE 4160–01–S information about the drug products, initiate appropriate regulatory action to such as that provided by the NAS/NRC remove any such drug product from the reviews, evaluated together with the market. Any new animal drug product evidence available at the time of marketed without an approved NADA is approval, show there is a lack of subject to regulatory action at any time. substantial evidence that the drug will A request for hearing may not rest have the effect it purports or is upon mere allegations or denials, but

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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Except for I. Program Research Goals HUMAN SERVICES applications for studies of medical foods The OPD was created to identify and that do not need premarket approval, promote the development of orphan Food and Drug Administration FDA will only award grants to support products. Orphan products are drugs, premarket clinical studies to determine Clinical Studies of Safety and biologics, medical devices, and foods for whether the products are safe and medical purposes that are indicated for Effectiveness of Orphan Products; effective for approval under section 301 Availability of Grants; Request for a rare disease or condition (that is, one of the Federal Food, Drug, and Cosmetic with a prevalence, not incidence, of Applications (Catalog of Federal Act (the act) (21 U.S.C. 331 et seq.) or Domestic Assistance No. 93.103) fewer than 200,000 people in the United under section 351 of the Public Health States). Diagnostic tests and vaccines AGENCY: Food and Drug Administration, Service Act (the PHS Act) (42 U.S.C. will qualify only if the U.S. population HHS. 262). of intended use is fewer than 200,000 ACTION: Notice. FDA will support the clinical studies people a year. covered by this notice under the The goal of FDA’s OPD grant program SUMMARY: The Food and Drug authority of section 301 of the PHS Act. is to support the clinical development of Administration (FDA) is announcing FDA’s research program is described in products for use in rare diseases or changes to its Office of Orphan Products the Catalog of Federal Domestic conditions where no current therapy Development (OPD) grant program for Assistance, No. 93.103. exists or where the product will fiscal years (FY) 2004 and 2005. This Applicants for Public Health Service improve the existing therapy. FDA announcement supercedes the previous (PHS) clinical research grants are provides grants for clinical studies on announcement of this program, which encouraged to include minorities and safety and/or effectiveness that will was published in the Federal Register of women in study populations so research either result in, or substantially August 27, 2002 (67 FR 55020). findings can be of benefit to all people contribute to, market approval of these products. Applicants must include in DATES: For FY 2004, the application at risk of the disease or condition under receipt date is October 13, 2003. For FY study. It is recommended that the application’s ‘‘Background and 2005, the application receipt dates are applicants place special emphasis on Significance’’ section an explanation of April 7, 2004, and October 6, 2004. including minorities and women in how the proposed study will either help gain product approval or provide ADDRESSES: Application requests and studies of diseases, disorders, and conditions that disproportionately affect essential data needed for product completed applications should be development. All funded studies are submitted to Maura Stephanos, Grants them. This policy applies to research subjects of all ages. If women or subject to the requirements of the act Management Officer, Grants and and regulations issued under it. Assistance Agreements, Division of minorities are excluded or poorly Contracts and Grants Management represented in clinical research, the II. Mechanism of Support applicant should provide a clear and (HFA–531), Food and Drug A. Award Instrument Administration, 5600 Fishers Lane, compelling rationale that shows Rockville, MD 20857, 301–827–7183, e- inclusion is inappropriate. Support will be in the form of a grant. mail: [email protected]. The PHS strongly encourages all grant All awards will be subject to all policies Applications that are hand-carried or recipients to provide a smoke-free and requirements that govern the commercially delivered should be workplace and to discourage the use of research grant programs of the PHS, addressed to 5630 Fishers Lane, rm. all tobacco products. This is consistent including the provisions of 42 CFR part 2129, Rockville, MD 20857.1 with the PHS mission to protect and 52 and 45 CFR parts 74 and 92. The Applications may also be obtained from advance the physical and mental health regulations issued under Executive the OPD on the Internet at http:// of the American people. Order 12372 do not apply to this www.fda.gov/orphan or http:// program. The NIH modular grant FDA is committed to achieving the program does not apply to this FDA grants.nih.gov/grants/funding/phs398/ health promotion and disease phs398.html.2 grant program. All grant awards are prevention objectives of ‘‘Healthy subject to applicable requirements for FOR FURTHER INFORMATION CONTACT: People 2010,’’ a national effort designed clinical investigations imposed by Regarding the administrative and to reduce morbidity and mortality and sections 505, 512, and 515 of the act (21 financial management issues of this to improve quality of life. Applicants U.S.C. 355, 360b, and 360e), section 351 notice: Maura Stephanos (see may obtain a paper copy of the ‘‘Healthy of the PHS Act (42 U.S.C. 262), and ADDRESSES). People 2010’’ objectives, vols. I and II, regulations issued under any of these Regarding the programmatic issues of for $70 ($87.50 foreign) S/N 017–000– sections. this notice: Debra Y. Lewis, 00550–9, by writing to the Director, Orphan Products Grants Superintendent of Documents, P.O. Box B. Award Amount Program, Office of Orphan Products 371954, Pittsburgh, PA 15250–7954. Of the estimated FY 2004 funding Development (HF–35), Food and Telephone orders can be placed to 202– ($13.2 million), approximately $9.2 Drug Administration, 5600 Fishers 512–2250. The document is also million will fund noncompeting Lane, rm. 6A–55, Rockville, MD available in CD–ROM format, S/N 017– continuation awards, and approximately 20857, 301–827–3666, e-mail: 001–00549–5 for $19 ($23.50 foreign) as $4 million will fund 10 to 12 new [email protected]. well as on the Internet at http:// awards. The expected start date for the www.healthypeople.gov/. (FDA has FY 2004 awards will be April 1, 2004. 1 Do not send applications to the Center for verified the Web site address, but we are The estimated FY 2005 funding is Scientific Research (CSR), National Institutes of not responsible for subsequent changes anticipated to be the same as FY 2004. Health (NIH). to the Web site after this document The expected start date for the FY 2005 2 FDA has verified the Web site address, but we are not responsible for subsequent changes to the publishes in the Federal Register.) awards will begin January 1, 2005. Web site after this document publishes in the Internet viewers should proceed to All applications received for the Federal Register. ‘‘Publications.’’ October 13, 2003, due date that are

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recommended for approval but not exemption (IDE), and (3) availability of Services (DHHS) must file an funded using FY 2004 funds will remain Federal funds. ‘‘assurance’’ of protection for human in competition for FY 2005 funds along subjects with the OHRP (45 CFR part E. Funding Plan with those applications received for the 46). Applicants are advised to visit the April 7, 2004, and October 6, 2004, due The number of studies funded will OHRP Internet site at http:// dates. Applications submitted for the depend on the quality of the ohrp.osophs.dhhs.gov/ (FDA has first due date may be withdrawn and applications received and the verified the Web site address, but we are resubmitted for the second due date. availability of Federal funds to support not responsible for subsequent changes Grants will be awarded for $150,000 the projects. Resources for this program to the Web site after this document or $300,000 in direct costs a year, plus are limited. Therefore, if two publishes in the Federal Register) for applicable indirect costs, for up to 3 applications propose duplicative or guidance on human subjects issues. The years. Applications for the smaller similar studies, FDA may support only requirement to file an assurance applies grants ($150,000) may be for phase 1, 2, the study with the better score. Funds to both ‘‘awardee’’ and collaborating or 3 studies. Study proposals for the may be requested in the budget to travel ‘‘performance site’’ institutions. larger grants ($300,000) must be for to FDA for meetings with OPD or Awardee institutions are automatically studies continuing in phase 2 or phase reviewing division staff about the considered to be engaged in human 3 of investigation. Phase 1 studies progress of product development. subject research whenever they receive include the initial introduction of an Before an award will be made, the a direct DHHS award to support such investigational new drug or device into OPD will confirm the active status of the research, even where all activities humans, are usually conducted in protocol under the IND/IDE. If the involving human subjects are carried healthy volunteer subjects, and are protocol is under FDA clinical hold for out by a subcontractor or collaborator. designed to determine the metabolic any reason or if the IND/IDE for the In such cases, the awardee institution and pharmacological actions of the proposed study is not active and in bears the responsibility for protecting product in humans, the side effects regulatory compliance, no award will be human subjects under the award. The including those associated with made. Documentation of assurances awardee institution is also responsible increasing drug doses and, if possible, to with the Office of Human Research for, among other things, ensuring that gain early evidence on effectiveness. Protection (OHRP) (see section III.A of all collaborating performance site Phase 2 studies include early controlled this document) should be on file with institutions engaged in the research clinical studies conducted to evaluate the FDA grants management office hold an approved assurance prior to the effectiveness of the product for a before an award is made. In order to their initiation of the research. No particular indication in patient’s with avoid funding studies that may not awardee or performance site institution may spend funds on human subject the disease or condition and to receive or may experience a delay in research or enroll subjects without the determine the common short-term side receiving institutional review board approved and applicable assurance(s) effects and risks associated with it. (IRB) approval, documentation of IRB approval for all performance sites must on file with OHRP. Phase 3 studies gather more information Applicants should review the section about effectiveness and safety that is be on file with the FDA grants management office before an award to on human subjects in the application necessary to evaluate the overall risk- instructions entitled ‘‘I. Preparing Your benefit ratio of the product and to fund the study will be made. In addition, if a grant is awarded, grantees Application, Section C. Specific provide an acceptable basis for product Instructions, Item 4, Human Subjects’’ labeling. Budgets for each year of will be informed of any additional documentation that should be submitted for further information. requested support may not exceed the The clinical protocol should comply to FDA’s IRB. This grant program does $150,000 or $300,000 direct cost limit, with ICHE6 ‘‘Good Clinical Practice not require the applicant to match or whichever is applicable. Consolidated Guidance’’ which states an share in the project costs if an award is international ethical and scientific C. Eligibility made. quality standard for designing, The grants are available to any foreign F. Dun and Bradstreet Number (DUNS) conducting, recording, and reporting or domestic, public or private, for-profit Beginning October 1, 2003, applicants trials that involve the participation of or nonprofit entity (including State and human subjects. Applicants are local units of government). For-profit will be required to have a DUNS number to apply for a grant or encouraged to review the regulations, entities must commit to excluding fees guidances and information sheets on or profit in their request for support to cooperative agreement from the Federal government. The DUNS number is a 9- Good Clinical Practice cited on the receive grant awards. Organizations that Internet at http://www.fda.gov/oc/gcp/. engage in lobbying activities, as digit identification number, which described in section 501(c)(4) of the uniquely identifies business entities. B. Key Personnel Human Subject Internal Revenue Code of 1968, are not Obtaining a DUNS number is easy and Protection Education eligible to receive grant awards. there is no charge. To obtain a DUNS The awardee institution is responsible number call 1–866–705–5711. Be for ensuring that all key personnel D. Length of Support certain that you identify yourself as a receive appropriate training in their The length of support will depend on Federal grant applicant when you human subject protection the nature of the study. For those contact Dun and Bradstreet. responsibilities. Key personnel include studies with an expected duration of III. Human Subject Protection and all principal investigators, more than 1 year, a second or third year Informed Consent coinvestigators, and performance site of noncompetitive continuation of investigators responsible for the design support will depend on: (1) Performance A. Protection of Human Research and conduct of the study. Neither during the preceding year, (2) Subjects DHHS, FDA, nor OPD prescribes or compliance with regulatory All institutions engaged in human endorses any specific education requirements of the investigational new subject research supported by the programs. Many institutions have drug (IND)/investigational device Department of Health and Human already developed educational programs

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on the protection of research subjects and technical merit by an ad hoc panel principal investigator named in the and have made participation in such of experts in the subject field of the application and the study protocol must programs a requirement for their specific application. Consultation with have been submitted to the IND/IDE. investigators. Other sources of the proper FDA review division may • Studies of already approved appropriate instruction might include also occur during this phase of the products, evaluating new orphan the online tutorials offered by the Office review to determine whether the indications, are also subject to these of Human Subjects Research, NIH at proposed study will provide acceptable IND/IDE requirements. http://ohsr.od.nih.gov/3 and by OHRP at data that could contribute to product • Only medical foods that do not need http://ohrp.osophs.dhhs.gov/ approval. Responsive applications will premarket approval are free from these educmat.htm.4 Also, the University of be subject to a second review by a IND/IDE requirements. Rochester has made available its National Advisory Council for 5. The requested budget must be training program for individual concurrence with the recommendations within the limits, either $150,000 in investigators. Its manual can be made by the first-level reviewers, and direct costs for each year for up to 3 obtained through Centerwatch, Inc., at funding decisions will be made by the years for any phase study, or $300,000 http://www.centerwatch.com.5 Within Commissioner of Food and Drugs or his in direct costs for each year for up to 3 30 days of the award, the principal designee. years for phase 2 or 3 studies. Any investigator should provide a letter to application received that requests the FDA grants management office B. Program Review Criteria support over the maximum amount which includes the names of the key 1. Applications must propose clinical allowable for that particular study will personnel, the title of the human trials intended to provide safety and/or be considered nonresponsive. subjects protection education program efficacy data of one therapy for one 6. Evidence that the product to be completed by each named personnel, orphan indication. studied is available to the applicant in and a one-sentence description of the 2. There must be an explanation in the form and quantity needed for the program. This letter should be signed by the ‘‘Background and Significance’’ clinical trial must be included in the the principal investigator and co-signed section of how the proposed study will application. A current letter from the by an institution official and sent to the either contribute to product approval or supplier as an appendix will be Grants Management Officer. provide essential data needed for acceptable. product development. 7. The narrative portion of the C. Informed Consent 3. The prevalence, not incidence, of application (excluding appendices) Consent forms, assent forms, and any the population to be served by the should be no more than 100 pp., single- other information given to a subject are product must be fewer than 200,000 spaced, printed on 1 side, with 1/2-inch part of the grant application and must individuals in the United States. The margins, and in unreduced 12-point be provided, even if in a draft form. The applicant should include, in the font. The application should not be applicant is referred to DHHS ‘‘Background and Significance’’ section, bound. regulations at 45 CFR 46.116 and 21 a detailed explanation supplemented by CFR 50.25 for details regarding the authoritative references in support of C. Scientific/Technical Review Criteria required elements of informed consent. the prevalence figure. Diagnostic tests The ad hoc expert panel will review and vaccines will qualify only if the the application based on the following IV. Review Procedures and Criteria population of intended use is fewer than scientific and technical merit criteria: A. Review Procedures 200,000 individuals in the United States 1. The soundness of the rationale for FDA grants management and program per year. the proposed study. staff will review all applications sent in 4. The study protocol proposed in the 2. The quality and appropriateness of response to this notice. To be grant application must be under an the study design, including the design responsive, an application must be active IND or IDE (not on clinical hold) of data and safety monitoring plans. 3. The statistical justification for the submitted in accordance with sections to qualify the application for scientific number of patients chosen for the study, II.B, II.C, IV.B, and V of this document, and technical review. Additional IND/ based on the proposed outcome and must bear the original signatures of IDE information is described as follows: • The proposed clinical protocol measures and the appropriateness of the both the principal investigator and the should be submitted to the FDA IND/ statistical procedures for analysis of the applicant institution’s/organization’s IDE reviewing division a minimum of results. authorized official. Applications found 30 days before the grant application 4. The adequacy of the evidence that to be nonresponsive will be returned to deadline. the proposed number of eligible subjects the applicant without further • The number assigned to the IND/IDE can be recruited in the requested consideration. Applicants are strongly that includes the proposed study should timeframe. encouraged to contact FDA to resolve appear on the face page of the 5. The qualifications of the any questions about criteria before application with the title of the project. investigator and support staff, and the submitting their application. Please The date the subject protocol was resources available to them. direct all questions of a technical or submitted to FDA for the IND/IDE 6. The adequacy of the justification scientific nature to the OPD program review should also be provided. for the request for financial support. staff and all questions of an • Protocols that would otherwise be 7. The adequacy of plans for administrative or financial nature to the eligible for an exemption from the IND complying with regulations for grants management staff (see FOR regulations must be conducted under an protection of human subjects. FURTHER INFORMATION CONTACT). active IND to be eligible for funding 8. The ability of the applicant to Responsive applications will be under this FDA grant program. complete the proposed study within its reviewed and evaluated for scientific • If the sponsor of the IND/IDE is budget and within time limits stated in other than the principal investigator this request for applications (RFA). 3,4,5 FDA has verified the Web site address, but we are not responsible for subsequent changes to the listed on the application, a letter from A score will be assigned based on the Web site after this document publishes in the the sponsor permitting access to the scientific/technical review criteria. The Federal Register. IND/IDE must be submitted. Both the review panel may advise the program

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staff about the appropriateness of the should note the U.S. Postal Service does have been approved and assigned OMB proposal to the goals of the OPD grant not uniformly provide dated postmarks. control number 0925–0001. The program described in section I of this Before relying on this method, requirements requested on Form PHS document. applicants should check with their local 5161–1 (Rev. 7/00) were approved and post office). Please do not send assigned OMB control number 0348– V. Submission Requirements applications to the CSR at NIH. Any 0043. The original and two copies of the application sent to NIH that is completed Grant Application Form PHS forwarded to FDA and received after the VII. Reporting Requirements and 398 (Rev. 5/01) or the original and two applicable due date will be judged Monitoring Activities copies of PHS 5161–1 (Rev. 7/00) for nonresponsive and returned to the The original and two copies of the State and local governments, with three applicant. Applications must be annual Financial Status Report (FSR) copies of the appendices must be submitted via U.S. mail or commercial (SF–269) must be sent to FDA’s grants submitted to Maura Stephanos (see carrier or hand delivered as stated management officer within 90 days of ADDRESSES). State and local previously. Currently, FDA is unable to the budget period end date of the grant. governments may use the PHS 398 (Rev. receive applications electronically. For continuing grants, an annual 5/01) application form in lieu of the B. Format for Application program progress report is also required. PHS 5161–1. Other than evidence of For such grants, the noncompeting final IRB approval, no material will be Submission of the application must be continuation application (PHS 2590) accepted after the receipt date. The on Grant Application Form PHS 398 will be considered the annual program mailing package and item two of the (Rev. 5/01). Applications from State and progress report. Also, all new and application face page must be labeled local governments may be sent on Form continuing grants must comply with all ‘‘Response to RFA–FDA–OPD–2004–1’’ PHS 5161–1 (Rev. 7/00) or Form PHS regulatory requirements necessary to or ‘‘RFA–FDA–OPD–2005–1,’’ 398 (Rev. 5/01). All ‘‘General keep active status of their IND/IDE. whichever is applicable. If an Instructions’’ and ‘‘Specific Failure to meet regulatory requirements application for the same study was Instructions’’ in the application kit or on will be grounds for suspension or submitted in response to a previous the OPD Web site (see ADDRESSES) must termination of the grant. be followed except for the receipt dates RFA but has not yet been funded, an The program project officer will and the mailing label address. The face application in response to this notice monitor grantees quarterly and will will be considered a request to page of the application must reflect the request for applications number RFA- prepare written reports. The monitoring withdraw the previous application. may be in the form of telephone Also, if an application is submitted FDA-OPD–2004–1 or RFA-FDA-OPD– 2005–1, whichever is applicable. The conversations or e-mails between the for the October 13, 2003, due date and project officer/grants management is not funded, and an application for the title of the proposed study must include the name of the product and the officer and the principal investigator. same study is then resubmitted for Periodic site visits with officials of the either the April 7, 2004, or October 6, disease/disorder to be studied and the IND/IDE number. The remaining portion grantee organization may also occur. 2004, due dates for FY 2005 funding, The results of these monitoring the original, unfunded application will of the application may not exceed 100 pp. in length and must be single-spaced, activities will be recorded in the official be administratively withdrawn. grant file and will be available to the Resubmissions are treated as new printed on 1 side, in 12-point font, and unbound. grantee upon request consistent with applications; therefore, the applicant for applicable disclosure statutes and with a resubmitted application must address Applicants have the option of omitting from the application copies FDA disclosure regulations. Also, the the issues presented in the summary grantee organization must comply with statement from the previous review, and (but not from the original) specific salary rates or amounts for individuals all special terms and conditions of the include a copy of the summary grant, including those which state that statement itself as part of the specified in the application budget and Social Security numbers if otherwise future funding of the study will depend resubmitted application. Applicants on recommendations from the OPD must follow guidelines named in the required for individuals. The copies may include summary salary project officer. The scope of the PHS 398 (Rev. 5/01) grant application recommendations will confirm that: (1) instructions. information. Applicants should provide as an There has been acceptable progress VI. Method of Application appendix to the application a summary toward enrollment, based on specific of any meetings or discussions about the circumstances of the study; (2) there is A. Submission Instructions clinical study that have occurred with an adequate supply of the product/ Applications will be accepted from 8 FDA reviewing division staff. device; and (3) there is continued a.m. to 4:30 p.m., Monday through Data and information included in the compliance with all FDA regulatory Friday until the established receipt application will generally not be requirements for the trial. dates. Applications will be considered publicly available prior to the funding The grantee must file a final program received on time if hand delivered to of the application. After funding has progress report, FSR and invention the address noted previously before the been granted, data and information statement within 90 days after the end established receipt dates or sent or included in the application will be date of the project period as noted on mailed by the receipt date as shown by given confidential treatment to the the notice of grant award. a legible U.S. Postal Service dated extent permitted by the Freedom of VIII. Clinical Trials Data Bank postmark or a legible dated receipt from Information Act (5 U.S.C. 552(b)(4)) and a commercial carrier. Private metered FDA’s implementing regulations The Food and Drug Modernization postmarks shall not be acceptable as (including inter alia 21 CFR 20.61). Act of 1997 requires studies of drugs for proof of timely mailing. Applications Information collection requirements serious or life-threatening diseases not received on time will not be requested on Form PHS 398 (Rev. 5/01) conducted under FDA’s IND regulations considered for review and will be have been sent by the PHS to the Office to be entered into the Clinical Trials returned to the applicant. (Applicants of Management and Budget (OMB) and Data Bank (CTDB).

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This databank provides patients, Committee with presentations by speakers is hereby given of the following family members, healthcare providers, representing the Department of Health and meeting. researchers, and members of the public Human Services (DHHS), constituent groups, The meeting will be closed to the easy access to information on clinical field experts and committee members. Meeting content will focus on how cultural public in accordance with the trials for a wide range of diseases and competency and diversity relate to health provisions set forth in sections conditions. The U.S. National Library of status outcomes. The following topics could 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Medicine has developed this site in be addressed at the meeting: Does cultural as amended. The grant applications and collaboration with NIH and FDA. The competency impact on health status the discussions could disclose databank is available to the public outcomes; How do Titles VII and VIII confidential trade secrets or commercial through the Internet at http:// programs address cultural competency; and property such as patentable material, clinicaltrials.gov. (FDA has verified the What measures of health outcomes are and personal information concerning Web site address, but we are not critical to linking effectiveness of cultural individuals associated with the grant responsible for subsequent changes to competency to Titles VII and VIII programs. Proposed agenda items are subject to applications, the disclosure of which the Web site after this document change as priorities dictate. would constitute a clearly unwarranted publishes in the Federal Register.) Public Comments: Public comment will be invasion of personal privacy. The CTDB contains: (1) Information permitted before lunch and at the end of the Name of Committee: National Heart, Lung, about clinical trials, both federally and Committee meeting on September 8, 2003. and Blood Institute Special Emphasis Panel, privately funded, of experimental Oral presentations will be limited to 5 National Research Service Award. treatments for patients with serious or minutes per public speaker. Persons Date: September 21–23, 2003. life-threatening diseases; (2) a interested in providing an oral presentation Time: 2 p.m. to 4:30 p.m. description of the purpose of each should submit a written request, with a copy Agenda: To review and evaluate grant experimental drug; (3) patient eligibility of their presentation to: Jennifer Donovan, applications. criteria; (4) the location of clinical trial Deputy Executive Secretary, Division of Place: Double Tree Rockville, 1750 State, Community and Public Health, Bureau sites; and (5) point of contact for those Rockville Pike, Rockville, MD 20852. of Health Professions, Health Resources and Contact Person: Judy S. Hannah, PhD, wanting to enroll in the trial. Services Administration, Room 9–105, 5600 Scientific Review Administrator, Review All applications that are funded Fishers Lane, Rockville, Maryland 20857, Branch, Division of Extramural Affairs, through the OPD grant program are Telephone (301) 443–8044. National Heart, Lung, and Blood Institute, required to enter into the CTDB Requests should contain the name, National Institutes of Health, 6701 Rockledge information about the study being address, telephone number, and any business Drive, Room 7190, Bethesda, MD 20892, 301/ funded. The OPD program staff will or professional affiliation of the person 435–0287. provide more information to grantees desiring to make an oral presentation. Groups (Catalogue of Federal Domestic Assistance about entering the required information having similar interests are requested to Program Nos. 93.233, National Center for in the CTDB after awards are made. combine their comments and present them Sleep Disorders Research; 93.837, Heart and through a single representative. The Division Vascular Diseases Research; 93.838, Lung Dated: July 30, 2003. of State, Community and Public Health will Diseases Research; 93.839, Blood Diseases Jeffrey Shuren, notify each presenter by mail or telephone of and Resources Research, National Institutes Assistant Commissioner for Policy. their assigned presentation time. of Health; HHS) Persons who do not file a request in [FR Doc. 03–20198 Filed 8–7–03; 8:45 am] advance for a presentation, but wish to make Dated: August 4, 2003. BILLING CODE 4160–01–S an oral statement may register to do so at the LaVerne Y. Stringfield, Washington Terrace Hotel, Washington, DC, Director, Office of Federal Advisory on September 8, 2003. These persons will be Committee Policy. DEPARTMENT OF HEALTH AND allocated time as the Committee meeting [FR Doc. 03–20297 Filed 8–7–03; 8:45 am] HUMAN SERVICES agenda permits. For Further Information Contact: Anyone BILLING CODE 4140–01–M Health Resources and Services requiring information regarding the Administration Committee should contact Jennifer Donovan, Division of State, Community and Public DEPARTMENT OF HEALTH AND Advisory Committee on Health, Bureau of Health Professions, Health HUMAN SERVICES Interdisciplinary, Community-Based Resources and Services Administration, Linkages; Notice of Meeting Room 9–105, 5600 Fishers Lane, Rockville, National Institutes of Health Maryland 20857, Telephone (301) 443–8044. National Institute of Biomedical In accordance with section 10(a)(2) of Dated: August 1, 2003. the Federal Advisory Committee Act Imaging and Bioengineering; Notice of Jane M. Harrison, (Pub. L. 92–463), notice is hereby given Meetings of the following meeting. Director, Division of Policy Review and Coordination. Pursuant to section 10(d) of the Name: Advisory Committee on [FR Doc. 03–20249 Filed 8–7–03; 8:45 am] Federal Advisory Committee Act, as Interdisciplinary, Community-Based BILLING CODE 4165–15–P amended (5 U.S.C. appendix 2), notice Linkages. Dates and Times: is hereby given of meetings of the September 7, 2003, 5 p.m.–8 p.m. National Advisory Council for September 8, 2003, 8:30 a.m.–5:30 p.m. DEPARTMENT OF HEALTH AND Biomedical Imaging and Bioengineering. September 9, 2003, 8:30 a.m.–4 p.m. HUMAN SERVICES The meetings will be open to the Place: The Washington Terrace Hotel, 1515 public as indicated below, with National Institutes of Health Rhode Island Avenue, NW., Washington, DC attendance limited to space available. 20005. Individuals who plan to attend and Status: The meeting will be open to the National Heart, Lung, and Blood public. Institute; Notice of Closed Meeting need special assistance, such as sign Agenda: Agenda items will include, but language interpretation or other not be limited to: Welcome; plenary session Pursuant to section 10(d) of the reasonable accommodations, should on cultural competency and diversity for the Federal Advisory Committee Act, as notify the Contact Person listed below grant programs under the purview of the amended (5 U.S.C. appendix 2), notice in advance of the meeting.

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The meetings will be closed to the I.D. will need to show a photo I.D. and sign- DEPARTMENT OF HEALTH AND public in accordance with the in at the security desk upon entering the HUMAN SERVICES provisions set forth in sections building. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: August 1, 2003. National Institutes of Health as amended. The other and the LaVerne Y. Stringfield, discussions could disclose confidential National Institute on Aging; Notice of trade secrets or commercial property Director, Office of Federal Advisory Closed Meeting Committee Policy. such as patentable material, and Pursuant to section 10(d) of the [FR Doc. 03–20293 Filed 8–7–03; 8:45 am] personal information concerning Federal Advisory Committee Act, as individuals associated with the other, BILLING CODE 4140–01–M amended (5 U.S.C. appendix 2), notice the disclosure of which would is hereby given of the following constitute a clearly unwarranted meeting. invasion of personal privacy. DEPARTMENT OF HEALTH AND The meeting will be closed to the Name of Committee: National Advisory HUMAN SERVICES public in accordance with the Council for Biomedical Imaging and provisions set forth in sections National Institutes of Health Bioengineering, Training and Career 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Development Subcommittee. National Institute on Aging; Notice of as amended. The grant applications and Date: September 11, 2003. the discussions could disclose Open: 8 a.m. to 9:30 a.m. Closed Meeting Agenda: To discuss subcommittee confidential trade secrets or commercial business. Pursuant to section 10(d) of the property such as patentable material, Place: National Institutes of Health, Federal Advisory Committee Act, as and personal information concerning Building 31, 31 Center Drive, Conference individuals associated with the grant amended (5 U.S.C. appendix 2), notice Room 7, Bethesda, MD 20892. applications, the disclosure of which is hereby given of the following Contact Person: Joan T. Harmon, Director, would constitute a clearly unwarranted Division of Extramural Activities, National meeting. invasion of personal privacy. Institute of Biomedical Imaging and The meeting will be closed to the Name of Committee: National Institute on Bioengineering, 6707 Democracy Blvd, Suite public in accordance with the 200, Bethesda, MD 20892, (301) 451–4776, Aging Special Emphasis Panel, Aging Heart. [email protected]. provisions set forth in sections Date: September 3, 2003. Name of Committee: National Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 2 p.m. to 5 p.m. Council for Biomedical Imaging and as amended. The contract proposals and Agenda: To review and evaluate grant Bioengineering, Strategic Plan Development the discussions could disclose applications. Place: Gateway Building, 7201 Wisconsin Subcommittee. confidential trade secrets or commercial Date: September 11, 2003. Ave, 2C212, Bethesda, MD 20814 (Telephone property such as patentable material, Conference Call). Open: 8 a.m. to 9:30 a.m. and personal information concerning Agenda: To discuss subcommittee Contact Person: Ramesh Vemuri, PhD, business. individuals associated with the contract National Institute on Aging, the Bethesda Place: National Institutes of Health, proposals, the disclosure of which Gateway Building, 7201 Wisconsin Ave, Building 31, 31 Center Drive, Conference would constitute a clearly unwarranted Suite 2C212, Bethesda, MD 20892, 301–402– 7700, [email protected]. Room 6, Bethesda, MD 20892. invasion of personal privacy. Contact Person: Joan T. Harmon, Director, (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Division of Extramural Activities, National Program Nos. 93.866, Aging Research, Institute of Biomedical Imaging and Aging Special Emphasis Panel, Embryonic National Institutes of Health, HHS) Stem Cells. Bioengineering, 6707 Democracy Blvd., Suite Dated: August 4, 2003. 200, Bethesda, MD 20892, (301) 451–4776, Date: September 16, 2003. LaVerne Y. Stringfield, [email protected]. Time: 1 p.m. to 4 p.m. Director, Office of Federal Advisory Name of Committee: National Advisory Agenda: To review and evaluate contract Committee Policy. Council for Biomedical Imaging and proposals. Bioengineering. Place: Gateway Bldg., 7201 Wisconsin [FR Doc. 03–20296 Filed 8–7–03; 8:45 am] Date: September 11, 2003. Ave., 2C212, Bethesda, MD 20814 BILLING CODE 4140–01–M Open: 10 a.m. to 2:30 p.m. (Telephone Conference Call). Agenda: The meeting will include a report Contact Person: Ramesh Vemuri, PhD, from the NIBIB Director and reports from the National Institute on Aging, The Bethesda DEPARTMENT OF HEALTH AND Council’s two subcommittees. Gatewary Building, 7201 Wisconsin Ave., HUMAN SERVICES Place: National Institutes of Health, Suite 2C212, Bethesda, MD 20892, 301–402– Building 31, 31 Center Drive, Conference National Institutes of Health Room 6, Bethesda, MD 20892. 7700, [email protected]. Closed: 2:30 p.m. to 4:30 p.m. (Catalogue of Federal Domestic Assistance Center for Scientific Review; Notice of Agenda: To review and evaluate grant Program Nos. 93.866, Aging Research, Meeting applications. National Institutes of Health, HHS). Place: National Institutes of Health, Pursuant to section 10(a) of the Building 31, 31 Center Drive, Conference Dated: August 4, 2003. Federal Advisory Committee Act, as Room 6, Bethesda, MD 20892. LaVerne Y. Stringfield, amended (5 U.S.C. Appendix 2), notice Contact Person: Joan T. Harmon, Director, Director, Office of Federal Advisory is hereby given of a meeting of the Division of Extramural Activities, National Committee Policy. Institute of Biomedical Imaging and Center for Scientific Review Advisory Bioengineering, 6707 Democracy Blvd, Suite [FR Doc. 03–20295 Filed 8–7–03; 8:45 am] Committee. 200, Bethesda, MD 20892, (301) 451–4776, BILLING CODE 4140–01–M The meeting will be open to the [email protected]. public, with attendance limited to space In the interest of security, NIH has available. Individuals who plan to instituted stringent procedures for entrance attend and need special assistance, such into the building by non-government as sign language interpretation or other employees. Persons without a government reasonable accommodations, should

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notify the Contact Person listed below Place: National Institutes of Health, 6701 time to make oral public comments are in advance of the meeting. Rockledge Drive, Bethesda, MD 20892 asked to notify Dr. Mary S. Wolfe, NTP (Telephone Conference Call). Name of Committee: Center for Scientific Executive Secretary, prior to the Contact Person: Sharon K. Gubanich, PhD, meeting (contact information given Review Advisory Committee, Workgroup. Scientific Review Administrator, Center for Date: September 22–23, 2003. Scientific Review, National Institutes of below). The agenda covers the peer Time: 8:30 a.m. to 1 p.m. Health, 6701 Rockledge Drive, Room 4140, review of seven nominations for Agenda: Discussion of activities to evaluate MSC 7804, Bethesda, MD 20892, (301) 435– possible listing in the 11th Edition of organization and function of the Center for 1767. the Report on Carcinogens (‘‘the 11th Scientific Review process. This notice is being published less than 15 RoC’’), and includes an opportunity for Place: National Institutes of Health, 6701 days prior to the meeting due to the timing public input. Rockledge Drive, Conference Room 6087, limitations imposed by the review and Bethesda, MD 20892. funding cycle. Agenda Contact Person: Brent B. Stanfield, PhD, Name of Committee: Center for Scientific The meeting of the NTP RoC Deputy Director, Center for Scientific Review Special Emphasis Panel, Yeast Subcommittee is scheduled for October Review, National Institutes of Health, 6701 Genetics. Rockledge Drive, Room 3016, MSC 7776, 14–15, 2003 and is open to the public Date: August 15, 2003. with attendance limited to only the Bethesda, MD 20892, (301) 435–1114. Time: 2 p.m. to 5 p.m. available space. Tentatively scheduled Information is also available on the Agenda: To review and evaluate grant applications. for peer review are seven nominations Institute’s/Center’s home page: http:// for possible listing in the 11th RoC. www.csr.nih.gov/drgac/drgac.htm, Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 These nominations are listed where an agenda and any additional (Telephone Conference Call). alphabetically in the attached table, information for the meeting will be Contact Person: Alexander D. Politis, PhD, along with supporting information and posted when available. Scientific Review Administrator, Center for a tentative order of presentation and (Catalogue of Federal Domestic Assistance Scientific Review, National Institutes of review. Background documents for each Program Nos. 93.306, Comparative Medicine; Health, 6701 Rockledge Drive, Room 3210, of the nominations have been made 93.333, Clinical Research, 93.306, 93.333, MSC 7848, Bethesda, MD 20892, (301) 435– available previously to the public on the 93.337, 93.393–93.396, 93.837–93.844, 1150, [email protected]. This notice is being published less than 15 web and include a summary of the 93.846–93.878, 93.892, 93.893, National scientific data and information being Institutes of Health, HHS) days prior to the meeting due to the timing limitations imposed by the review and used to evaluate the nomination. A copy Dated: August 4, 2003. funding cycle. of the background document for each of LaVerne Y. Stringfield, these nominations is available Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance electronically through the NTP’s RoC Committee Policy. Program Nos. 93.306, Comparative Medicine; web site for the 11th RoC at http://ntp- [FR Doc. 03–20294 Filed 8–7–03; 8:45 am] 93.333, Clinical Research 93.306, 93.333, server.niehs.nih.gov/Newhomeroc/ 93.337, 93.393–93.396, 93.837–93.844, BILLING CODE 4140–01–M 11RoCBkgrnd.html (select Nominations 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Under Review in 2003) or can be obtained on CD or in hard copy, as Dated: August 4, 2003. DEPARTMENT OF HEALTH AND available, from: Dr. C.W. Jameson, HUMAN SERVICES LaVerne Y. Stringfield, Report on Carcinogens, NIEHS, MD EC– Director, Office of Federal Advisory 14, 79 T.W. Alexander Drive, Building National Institutes of Health Committee Policy. 4401, Room 3118, P.O. Box 12233, [FR Doc. 03–20298 Filed 8–7–03; 8:45 am] Research Triangle Park, NC 27709 (919/ Center for Scientific Review; Notice of BILLING CODE 4140–01–M 541–4096; FAX 919/541–2242; email Closed Meetings [email protected]). Pursuant to section 10(d) of the The agenda and a roster of NTP RoC DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Subcommittee members will be HUMAN SERVICES amended (5 U.S.C. appendix 2), notice available prior to the meeting on the NTP homepage at http://ntp- is hereby given of the following Public Health Service meetings. server.niehs.nih.gov/ or upon request The meetings will be closed to the National Toxicology Program; National from Dr. Wolfe. Following the meeting, public in accordance with the Toxicology Program (NTP) Board of summary minutes will also be available provisions set forth in sections Scientific Counselors Meeting; Review electronically at http://ntp- 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., of Nominations for Listing in the 11th server.niehs.nih.gov/NewHomeRoc/ as amended. The grant applications and Edition of the Report on Carcinogens mtgs.html and in hardcopy upon the discussions could disclose request from Dr. Wolfe. confidential trade secrets or commercial Pursuant to Public Law 92–463, A total of 17 nominations are under property such as patentable material, notice is hereby given of the next consideration for the 11th RoC. Previous and personal information concerning meeting of the NTP Board of Scientific notices in the Federal Register (July 24, individuals associated with the grant Counselors Report on Carcinogens 2001: Volume 66, Number 142, Pages applications, the disclosure of which Subcommittee (‘‘the NTP RoC 38430–38432 and March 28, 2002: would constitute a clearly unwarranted Subcommittee’’) to be held on October Volume 67, Number 60, Page 14957) invasion of personal privacy. 14–15, 2003, at the Marriott at Metro announced the nominations to be Center, 775 12th Street, NW., reviewed for possible listing in the 11th Name of Committee: Center for Scientific Washington, DC 20005. On October 14, RoC. This review by the NTP RoC Review Special Emphasis Panel, Prostate Cancer Immunotherapy. registration will begin at 9 a.m. and the Subcommittee is for the second set of Date: August 13, 2003. meeting will begin at 9:30 a.m. On seven nominations identified in those Time: 3:30 p.m. to 4:30 p.m. October 15, the meeting will begin at Federal Register announcements that Agenda: To review and evaluate grant 8:30 a.m. Pre-registration is not have completed review by the NIEHS applications. required; however, persons requesting Review Committee for the Report on

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Carcinogens (RG1) and the NTP be less than that for preregistered anticipated’’ to cause cancer in humans Executive Committee Interagency speakers and will be determined by the and to which a significant number of Working Group for the Report on number of speakers who register at the people in the United States are exposed. Carcinogens (RG2). The RoC meeting to give comments. If registering The process for preparation of the RoC Subcommittee reviewed the first 10 on-site to speak and reading oral has three levels of scientific review. nominations to the 11th RoC at a public comments from printed copy, the Central to the evaluations of the review meeting on November 19–20, 2002, in speaker is asked to bring 25 copies of groups is the use of criteria for inclusion Washington, DC. Summary minutes of the text. These copies will be in or removal of listings from the report. that meeting are available electronically distributed to the NTP RoC The current criteria for listing in or at http://ntp-server.niehs.nih.gov/ Subcommittee members and delisting from the Report is available on NewHomeRoc/mtgs.html or in hardcopy supplement the record. All comments the Web at the following web site: http:/ upon request to the Executive Secretary received in response to this Federal /ntp-server.niehs.nih.gov/ (contact information below). Register notice will be posted on the NewHomeRoc/ListingCriteria.html, or Solicitation of Public Comment NTP RoC web site. can be obtained in hard copy by Written comments, in lieu of making contacting Dr. C.W. Jameson at the This meeting of the NTP RoC oral comments, are welcome. All address listed above. The review Subcommittee is open to the public, and comments must include name, process for listing in or delisting from time will be provided for oral public affiliation, mailing address, phone, fax, the RoC begins with initial scientific comment on each of the nominations e-mail and sponsoring organization (if review by the National Institute of under review. In order to facilitate any) and should be received by Environmental Health Sciences planning, persons requesting time for an September 29, 2003, for distribution to (NIEHS)/NTP Report on Carcinogens oral presentation on a nomination the NTP RoC Subcommittee. Written Review Committee (RG1), which is should notify the Executive Secretary, comments received after September 29 comprised of NIEHS/NTP staff (Dr. Mary S. Wolfe, P.O. Box 12233, A3– will not be considered by NTP RoC scientists. The second scientific review 07, Research Triangle Park, NC 27709; Subcommittee members in their group (RG2) is comprised of telephone 919/541–3971; FAX 919/541– reviews. representatives from the Federal health 0295; e-mail [email protected]) no Solicitation of Additional Information research and regulatory agencies that are later than September 29, 2003. Each members of the NTP Executive organization is allowed one time slot for The NTP would welcome receiving Committee. The third step is external an oral presentation per nomination. information from completed human or scientific review at a public meeting by Persons registering to make comments experimental animal cancer studies or the NTP RoC Subcommittee. Following are asked to provide, if possible, a studies of mechanism of cancer completion of these reviews and written copy of their statement by formation, as well as current production solicitation of public comments through September 29 so copies can be made data, human exposure information, and announcements in the Federal Register and distributed to NTP RoC use patterns for any of the nominations and other media, the independent Subcommittee members for their timely listed in this announcement. recommendations of the three scientific review prior to the meeting. Written Organizations or individuals that wish review groups and all public comments statements can supplement and expand to provide information should contact are presented to the NTP Executive the oral presentation, and each speaker Dr. C.W. Jameson at the address given Committee for review and comment. All is asked to provide his/her name, above. recommendations and public comments affiliation, mailing address, phone, fax, Background are submitted to the Director, NTP, who e-mail and supporting organization (if reviews them and makes a final any). At least 7 minutes will be allotted The Department of Health and Human recommendation to the Secretary, to each speaker, and if time permits, Services (DHHS) Report on Carcinogens DHHS, concerning the listing or may be extended to 10 minutes. is a public information document delisting of substances or exposure Individuals who register to make oral prepared for the U.S. Congress by the circumstances in the RoC. The Secretary presentations by September 29 will be National Toxicology Program (NTP) in has final review and approval authority notified about the time available for response to Section 301(b)(4) of the for the 11th RoC. their presentation at least one week Public Health Service Act, as amended. prior to the meeting. Registration for The intent of the document is to provide Dated: July 30, 2003. making public comments will also be a listing of those agents, substances, Samuel H. Wilson, available on-site. Time allowed for mixtures or exposure circumstances that Deputy Director, National Institute of presentation by on-site registrants may are either ‘‘known’’ or ‘‘reasonably Environmental Health Sciences.

SUMMARY DATA FOR NOMINATIONS TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE NTP BOARD OF SCIENTIFIC COUNSELORS REPORT ON CARCINOGENS SUBCOMMITTEE [October 14–15, 2003]

Tentative Nomination to be reviewed/ Primary uses or exposures To be reviewed for review CAS number order

Diazoaminobenzene DAAB is used as an intermediate in the production of dyes, and as a Listing in the 11th RoC ...... 6 (DAAB)/136–35–6. complexing agent, polymer additive and to promote adhesion of natural rubber to steel. Hepatitis B Virus (HBV) ...... HBV is a small DNA-enveloped virus that along with Hepatitis C Virus Listing in the 11th RoC ...... 4 causes most parenterally transmitted viral hepatitis. Hepatitis C Virus (HCV) ...... HCV is an RNA-enveloped virus that along with Hepatitis B Virus Listing in the 11th RoC ...... 5 causes most parenterally transmitted viral hepatitis.

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SUMMARY DATA FOR NOMINATIONS TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE NTP BOARD OF SCIENTIFIC COUNSELORS REPORT ON CARCINOGENS SUBCOMMITTEE—Continued [October 14–15, 2003]

Tentative Nomination to be reviewed/ Primary uses or exposures To be reviewed for review CAS number order

Human Papillomaviruses HPVs are small, non-enveloped viruses that infect oral and genital Listing in the 11th RoC ...... 3 (HPVs), Genital-Mucosal mucosa. HPV infections are common throughout the world. Types. Lead and Lead Compounds Major use of metal is in making lead-acid storage batteries. Other Listing in the 11th RoC ...... 2 common uses include ammunition and cable covering. Lead com- pounds are used in paint, glass, ceramics, fuel additives, and some traditional cosmetics. Neutrons ...... Exposure to neutrons normally occurs from a mixed irradiation field in Listing in the 11th RoC ...... * 1 which neutrons are a minor component. The exceptions are expo- sure of patients to neutron radiotherapy beams and exposures of aircraft passengers and crew. X-Radiation and GAMMA Exposure to these forms of ionizing radiation comes from a variety of Listing in the 11th RoC ...... ** 1 Radiation. natural (environmental exposure) and anthropogenic sources, in- cluding exposure for military, medical, and occupational purposes. * Note—will be reviewed together with X-Radiation and GAMMA Radiation nomination. ** Note—will be reviewed together with Neutrons nomination.

[FR Doc. 03–20299 Filed 8–7–03; 8:45 am] Program Area 2—Technical Resettlement (ORR), 370 L’Enfant BILLING CODE 4140–01–U Assistance for Employment Services; Promenade, SW., 8th Fl., Washington, Program Area 3—Technical DC 20447 and from ORR Web site at Assistance for English Language http://www.acf.hhs.gov/programs/orr. DEPARTMENT OF HEALTH AND Training and Service Programs; FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES Program Area 4—Technical Mitiku Ashebir, Division of Community Assistance for Refugee Economic Resettlement (DCR), ORR, Administration for Children and Development Activities/Programs; Administration for Children and Families Program Area 5—Technical Families (ACF), (202) 205–3602; fax Assistance to Enhance Child Welfare Technical Assistance to ORR-Funded (202) 401–0981; e-mail: Services for Refugee Communities; [email protected] or Daphne Refugee Programs and Services for Program Area 6—Technical Asylees Weeden, Office of Grants Management Assistance to Promote Refugee Housing (OGM), (ACF), (202) 401–4577; e-mail: AGENCY: Office of Refugee Resettlement Opportunities; [email protected]. (ORR), ACF, DHHS. Program Area 7—Technical Application Information: This Assistance for Crime Prevention ACTION: Notice of availability of FY 2003 program announcement consists of four Programs; and parts: discretionary funds for technical Program Area 8—Services for Asylees assistance in seven categories of Part I: Background—Legislative to be provided via a Multilingual authority, funding availability, programs that assist refugees and one Information, Referral and Registration grant for services for asylees. applicant eligibility, project and Hotline. budget periods, length of application, Applications will be screened and and for each of the nine program CFDA Number: The Catalog of Federal evaluated as indicated in this program areas: Purpose and scope, allowable Domestic Assistance number for this program announcement. Awards will be is 93.576. activities, and review criteria. contingent on the outcome of the Part II: General instructions for SUMMARY: ORR invites eligible entities competition and the availability of preparing a full project description. to submit competitive applications for funds. Part III: The Review Process— cooperative agreements to provide Applications will be accepted Intergovernmental review, initial ACF technical assistance to agencies that pursuant to the ORR Director’s screening and competitive review. serve in the following first seven discretionary authority under section Part IV: Application Submission— program areas. For Program Area 8, ORR 412(c) of the Immigration and Application materials, application invites eligible applicants to submit Nationality Act (INA) (8 U.S.C. 1522), as development, application submission applications for a grant to provide amended. information, certifications, assurances services via a Multilingual Information, DATES: The closing date for submission and reporting. Referral, and Registration Hotline. of applications is September 8, 2003. Paperwork Reduction Act of 1995 Program Area 1—Technical Applications received 30 days after the (Pub. L. 104–13): The public reporting Assistance for refugee-based Mutual Aid publication date are considered to be burden for this collection of information Associations (MAAs), Voluntary late. See Part IV of this announcement is estimated to average 8 hours per Agencies assisting or working with for more information on submitting response, including the time for refugee community organizations and applications. reviewing instructions, gathering and other program areas that the Director of Announcement Availability: The maintaining the data needed and ORR may consider as appropriate program announcement and the reviewing the collection of information. response to emerging refugee application materials are available from Information collection is included in the resettlement needs; Mitiku Ashebir, Office of Refugee following program announcement: OMB

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control No. 0970–0139, ACF UNIFORM Funding Availability—ORR expects to point font) plus no more than 25 pages PROJECT DESCRIPTION (UPD) attached make available approximately $3 of appended material. This limitation of as appendix A, which expires 12/31/03. million in social services discretionary 25 pages per program area should be An agency may not conduct or sponsor funds in eight program areas, seven considered as a maximum, and not and a person is not required to respond cooperative agreements and one grant. necessarily a goal. to, a collection of information unless it The award amount range is for planning Program Area 1—Technical Assistance displays a currently valid OMB control purposes. Applications with requested in the Area of Organizational and number. amounts that exceed the upper value of the dollar range specified will still be Capacity Building for Refugee-Based Part I: Background considered for review. No matching or Mutual Aid Associations (MAAs), cost sharing by the applicant is Voluntary Agencies Assisting or In recent years, ORR has supported Working With Refugee Community the work of its grantees and other required. Applicant Eligibility—Eligible Organizations and Other Areas That the agencies serving refugees in various Director of ORR Considers an program areas through several technical applicants for all program areas are public and private non-profit Appropriate Response to Emerging assistance grants with organizations Refugee Resettlement Needs uniquely qualified to advance the organizations. Faith-based and refugee service field, improve program community organizations are eligible to Purpose and Scope apply for these funds. Any non-profit achievement, develop organizational The Office of Refugee Resettlement capacity, and improve overall organization submitting an application must submit proof of its non-profit (ORR) proposes to award one performance. ORR has supported cooperative agreement to assist in the specific technical assistance for status at the time of submission. The non-profit agency can accomplish this development of a project to provide employment, English language training, technical assistance to MAAs, faith- microenterprise, Individual by providing a copy of the applicant’s listing in the Internal Revenue service’s based and community organizations, Development Account programs, and other entities assisting refugees. housing, capacity development (IRS) most recent list of tax-exempt organizations described in Section Through this award, ORR intends for activities among emerging ethnic this grantee to provide technical organizations, and services to children, 501(c)(3) of the IRS code, or by providing a copy of the currently valid planning and assistance to MAA the elderly and asylees. ORR’s intent is grantees, Voluntary Agencies and other to assist grantees to provide the best IRS tax exemption certificate, or by providing a copy of articles of refugee service providers working with technical help for continuous refugee community organizations for improvement in refugee programs in the incorporation bearing the seal of the State in which the corporation or multiple purposes: (1) To strengthen form of capacity building to adequately organizational capacity; (2) to acquire serve refugees, and to bring about association is domiciled, or by providing a certified copy of the functional governance and positive development and impact on the organizations certificate of organizational stability; and (3) to lives of refugees and asylees. incorporation or similar document that conduct appropriate personnel, Legislative Authority—This program clearly establishes non-profit status, or program, and financial management by is authorized by section 412(c)(1)(A) of any of the items above for a state or sharing proper organizational policies, the Immigration and Nationality Act national parent organization and a structures, procedures, and materials (INA)(8 U.S.C. 1522 (c)(1)(A)), as statement signed by the parent through a grantee network. ORR amended, authorizing the Director to organization that the applicant envisions that the assistance in this make grants to, and enter into contracts organization is a local non-profit category will improve services to with public or private non-profit affiliate. Private, non-profit refugees and enhance grantees’ agencies to achieve the following goals. organizations are encouraged to submit collaboration on performance measures The technical assistance projects and with their applications the optional in critical service areas that are designed the services for asylees must be survey located under ‘‘Grant Manuals & to facilitate and promote refugee self- designed ‘‘(i) to assist refugees in forms’’ at http://www.acf.hhs.gov/ sufficiency and economic obtaining the skills that are necessary programs/ofs/forms.htm. independence. for economic self-sufficiency, including Project and Budget Periods—This ORR’s intent is also to equip technical projects for job training, employment announcement invites applications for assistance providers with the best services, day care, professional refresher project periods for up to 3 years. technical help possible so that MAAs training, and other re-certification Awards, on a competitive basis, will be and other entities serving refugees can services; (ii) to provide training in for a one-year budget period, although be better trained to address the social English where necessary (regardless of project periods may be for 3 years. and economic developments that may whether the refugees are employed or Applications for continuation of grants impact on how well refugees progress in receiving cash or other assistance) and under these awards beyond the one-year their resettlement in the U.S. Thus, ORR (iii) to provide where specific needs budget period, but within the 3-year also intends to provide technical have been shown and recognized by the project period, will be entertained in guidance to organizations serving Director, health, (including mental subsequent years on a noncompetitive refugees concerning emerging refugee health) services, social services, basis. Any continuation is subject to the issues in resettlement in an effort to educational, and other services.’’ The availability of funds, satisfactory promote continuous improvement in Department of Health and Human progress of the grantee and a refugee programs. These areas will Services Appropriations Act, 2003, title determination that continued funding include projects to provide services to II of division G of the Consolidated would be in the best interest of the newly arrived refugees. Appropriation Resolution FY 2003, Government. Approximately $500,000 has been Public Law 108–7, appropriates funds Length of Application: Applicants allocated for this program area. ORR for refugee and entrant assistance must limit program narratives to 25 expects to award one cooperative activities authorized by these provisions pages per program area (double-spaced agreement. The successful applicant of the INA. on standard, letter-size paper, in 12- will have demonstrated expertise in

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organizational and community —Providing on-site training or technical Program Area 2—Technical Assistance development activities along with assistance group meetings and for Employment Services experience and flexibility in being able workshops; Purpose and Scope to respond to such particular —Developing training curricula, a characteristics and needs of ethnic resource handbook, and other The primary goal of refugee organizations and other service areas as resource materials as needed; resettlement is to assist refugees in may be determined by ORR. These —Conducting on-site program reviews becoming self-sufficient. Two factors needs may be manifested as functions of of MAA grantees and training critical to achieving this goal are gainful the organizational development workshops as needed and attachment to the labor force and the processes or occur due to major internal appropriate; opportunity to earn a living wage. ORR and/or external changes that are —Preparing and disseminating reports proposes to award one cooperative recognized as critical to the proper on the program characteristics and agreement to assist an agency in functioning of community achievements; developing a project to provide organizations. —Maintaining a database of technical assistance services to ORR Through this cooperative agreement, characteristics and achievements of employment service providers to the grantee will submit a technical the programs; and increase the rate and improve the quality of employment outcomes and to assistance plan for refugee-based MAAs, —Identifying and disseminating address the special needs of emerging Voluntary Agencies assisting refugee potential resources, partnership populations. community organizations and other opportunities, and community program areas that the Director of ORR This announcement continues ORR’s initiatives. longstanding recognition that assistance may consider as appropriate response to —Preparing adequate and appropriate emerging refugee resettlement needs should be provided to improve the responses to emerging refugee that includes at least the following: (1) technical assistance services that must resettlement needs. Proposed site visits and corresponding be provided to refugee employment technical assistance activities; (2) Review Criteria—MAAs and Emerging service providers. The technical written materials developed and Refugee Resettlement Needs assistance in this category aims to proposed for dissemination to the field; identify best models and practices, and 1. Organizational Profiles. The broadly disseminate this information to (3) proposed workshop locations, topics, capacity of the applicant to achieve the presentation formats, and agendas; and assist local programs in implementing project’s objectives is clearly performance measures under the (4) methods and approaches of demonstrated. Organizational expertise, identifying, documenting, presenting Government Performance and Results and experience in the provision of Act (GPRA). This objective can be and addressing emerging refugee needs. technical assistance and information ORR intends to review and approve the achieved by developing and conducting sharing to assist small and emerging training and on-site reviews and grantee’s technical assistance plan in organizations, as well as relatively these areas and other activities proposed performing on-site analysis of developed community organizations, is employment services in such areas as by the grantee in relation to the appropriate for the proposed project. (30 allowable activities listed below. ORR staff training, multi-agency points) collaboration, employer and/or refugee will also provide direction concerning 2. Approach. The technical assistance any emerging refugee needs that should involvement in the design of services, plan is clearly described and and in the organization and be addressed under this technical appropriate, and the proposed activities assistance. administration of job development and and time frames are reasonable. The placement projects. Allowable Activities technical assistance plan describes Approximately $300,000 has been Applicants may propose all or some clearly and in detail the manner in allocated for this program area. One combination of the following, as well as which the applicant will assess the need cooperative agreement may be awarded other innovative strategies justifying for technical assistance, the proposed for one national project. Through this their usefulness for technical assistance activities, and how the proposed cooperative agreement, the grantee will in the designated technical assistance activities are expected to address known submit a plan the following: (1) area: technical assistance needs of refugee Proposed site visits and technical —Assessing technical assistance and community-based organizations. (20 assistance activities and schedules; (2) training needs in community points) plan for written materials developed organizations and other ORR grantees; 3. Staff and Position Data. Staff prior to the release of such documents; —Disseminating information, materials, qualifications are clearly presented and and (3) proposed workshop schedules, and technical advice related to are appropriate to achieving the locations, topics, presentation formats, employment, community orientation, project’s objectives. The description of and agendas. ORR intends to review and effective case management, program staff qualifications demonstrates approve the grantee’s plan for technical and financial management, and experience in providing technical assistance in these areas and other leadership development, and roles of assistance to ethnic and other activities proposed by the grantee in boards, agency executives, and agency organizations involved in refugee self- relation to the allowable activities listed staff and organization members; help organizing and support. (20 points) below. ORR will also provide direction —Collecting and summarizing data and 4. Results or Benefits Expected. The and feedback in critical refugee information on program performance; results or benefits expected are clearly employment needs and corresponding —Facilitating the electronic exchange of explained and are appropriate to the technical assistance services. information through a network technical assistance activities proposed. website and listserve; and through the (15 points) Allowable Activities collection and reporting of program 5. Budget and Budget Justification. Applicants may propose all or a performance, performance The budget is clearly presented and is combination of the activities described measurement, and impact detailed, reasonable, and cost effective. below, or new or innovative approaches information; (15 points). justifying their usefulness to providing

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technical assistance for employment technical assistance activities proposed. compatible with emerging refugee services. (15 points) needs, particularly where the refugee —Institution and implementation of on- 5. Budget and Budget Justification. populations not only have little site visits to assess technical The budget is clearly presented and is exposure to English language and the assistance needs, to provide technical detailed, reasonable, and cost effective. American culture, but may not be assistance and training directly to (15 points) literate in their own languages. agencies, and to ascertain best Program Area 3—Technical Assistance Applicants should propose technical practices in providing employment to English Language Training Providers assistance projects that are to be services resulting in living wages and implemented nationally. Through this employment benefits; Purpose and Scope cooperative agreement, the grantee will —Development of diverse reports to be The Office of Refugee Resettlement submit a technical assistance plan for distributed to agencies to assist them (ORR) proposes to award one English Language Training that includes in providing employment services, cooperative agreement in the amount of at least the following: (1) Program including site visit reports and best $300,000 to assist in the development of activity sites and participants; (2) practices reports; assessment tools to be used to evaluate —Organization and operation of a project to provide technical assistance and training to providers of English technical assistance needs; (3) technical workshops for agencies in the area of assistance subject areas and curricula employment services, which include Language Training (ELT) at all levels. Technical assistance may be proposed that will be used; (4) materials prepared facilitated discussions, training, and for use in the delivery of the technical presentations addressing a breadth of for the following purposes: • Design and improvement of assistance; and (5) mechanisms to employment needs for newly employment-related ELT technical maximize volunteerism in English emerging refugee populations, newly assistance and training which may be language training. ORR intends to employed refugee groups, and skilled provided both to ELT teachers and review and approve the technical and professional refugees to the extent program managers. The technical assistance plan for English Language possible; assistance and training may be focused Training in these areas and other —Provision of technical assistance in activities proposed by the grantee in writing, by e-mail and by telephone, on curricula, teaching strategies, and/or program development such as relation to the allowable activities listed to agencies; and below. ORR will also evaluate the —Preparation and dissemination of integrating ELT with employment- focused services, work-site ELT, and technical assistance plan to ensure that reports on program characteristics and it is comprehensive, flexible, and achievements. family literacy. • Training in the areas of cultural practical and provide direction and Review Criteria—Employment Services adjustment, learning disabilities, feedback for the appropriate 1. Organizational Profiles. The physical and mental health, and in the implementation of the plan. capacity of the applicant to achieve the use of new or innovative classroom Allowable Activities project’s objectives is clearly technologies. Training may include demonstrated. Organizational expertise topics such as identifying cultural Applicants may propose all or a and experience in the provision of adjustment/learning disabilities combination of the activities described technical assistance that is tuned to the physical and mental health issues, below or additional innovative changing dynamics of the job market accommodating such issues in the approaches justifying their usefulness and the changes in the characteristics of classroom, seeking professional for technical assistance for ELT incoming refugee populations is well consultation, and developing providers. described and is appropriate and appropriate curricula. Training may also —Assessment of ELT technical adequate for the proposed project. (30 include introducing teachers to new assistance needs in agencies and points) and/or innovative ELT technologies, communities serving refugees; 2. Approach. The technical assistance such as using software programs in —Organization and operation of training plan is clearly described and classroom instruction. Technical and facilitated sessions on identified appropriate, and the proposed activities assistance may be provided in the ELT technical assistance needs. These and time frames are reasonable. The organization and administration of the sessions may include for a single technical assistance plan describes language programs. agency, multi-site, or multi-project clearly and in detail the manner in • Organization and facilitation of ELT facilitated discussions; which the applicant will assess the need consultative and information-sharing —Provision of technical assistance in for technical assistance, the proposed sessions. Such sessions may include writing, by e-mail and by telephone, activities, and how the proposed staff from similar types of agencies or to ELT providers and volunteers activities are expected to address from agencies serving similar groups of conducting one-to-one or group refugee employment technical refugees. The purpose of the sessions is English tutorial sessions; assistance needs. (20 points) to provide an opportunity for ELT staff —Review of existing general ELT 3. Staff and Position Data. Staff to share experiences. These sessions materials and recommendations on qualifications are clearly presented and may also provide opportunities for usefulness and appropriateness for are appropriate to achieving the different types of staff including ELT use in refugee-oriented ELT with project’s objectives. The description of teachers, case managers, employment necessary modifications and to suit staff qualifications demonstrates specialists, public health professionals, particular needs of various refugee experience in providing technical and individual refugee English tutors, to groups, and reparation and assistance to agencies and groups develop strategies for effective working distribution of materials relevant to involved in refugee employment. (20 relationships. identified ELT needs; points) • Response to emerging needs of —Development of, or participation in, 4. Results or Benefits Expected. The refugee populations. This technical development of ELT curricula to results or benefits expected are clearly assistance area involves preparing effect employment and facilitate other explained and are appropriate to the lessons and designing methodologies refugee resettlement processes; and

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—Facilitation of information sharing Approximately $500,000 has been IDA, Microenterprise, and other among a network of ELT providers in allocated for this program area. Through economic development grantees and the improvement of English skills this cooperative agreement, the grantee preparation and dissemination of among refugees. will submit a technical assistance plan program characteristics and for economic development programs achievements. Review Criteria—English Language that includes the following: (1) Site Applicants may propose additional Training visits and technical assistance activities; techniques justifying their usefulness 1. Organizational Profiles. The (2) written materials developed prior to for providing technical assistance and capacity of the applicant to achieve the the release of such documents; (3) information sharing activities to IDA, project’s objectives is clearly locations of proposed workshops, Microenterprise, and other economic demonstrated. Organizational expertise topics, formats, and agendas; and (4) the development grantees. and experience in the provision of maintenance and facilitation of database technical assistance and information and reporting mechanisms. ORR intends Review Criteria—Economic sharing to English training service to review and approve a technical Development providers assisting refugees. (30 points) assistance plan for economic Proposed projects to provide technical 2. Approach. The technical assistance development activities in these areas assistance and information-sharing plan is clearly described and and other activities that are proposed by activities to Individual Development appropriate, and the proposed activities the grantee related to the allowable Account, Microenterprise and other and time frames are reasonable. The activities listed below. ORR will also economic development activities will be technical assistance plan describes carefully evaluate the implementation of evaluated according to the following clearly and in detail the manner in the technical assistance plan by criteria: which the applicant will assess the need providing direction and feedback to 1. Approach. The technical assistance for technical assistance, the proposed ensure the effective administration of plan is clearly described and activities, and how the proposed microenterprise and IDA programs and appropriate. The proposed activities and activities are expected to address known the proper utilization of technologies timeframes are reasonable, feasible and English language skills needs of various compatible with IDA, Microenterprise reflective of the spread and variety of refugee groups. (20 points) and other economic development ORR-supported refugee economic 3. Staff and Position Data. Staff activities. development activities. The plan qualifications are clearly presented and describes in detail how the proposed Allowable Activities are appropriate to achieving the activities will be accomplished. (30 project’s objectives. The description of Allowable activities include: points) staff qualifications demonstrates —Institution and implementation of on- 2. Staff and Position Data. Staff experience in providing technical site visits to assess technical qualifications are clearly presented and assistance to ELT instructors and service assistance needs, provide technical are appropriate to achieving the providers. (20 points) assistance and training directly to 4. Results or Benefits Expected. The project’s goals. Staff qualifications show grantees, and to ascertain best experience in providing technical results or benefits expected are clearly practices in administering IDA, explained and are appropriate to the assistance and information-sharing Microenterprise, and other types of activities in the areas of administering technical assistance activities proposed. economic development programs, and (15 points) financial, economic development and to address the specific needs of self-sufficiency programs. (20 points) 5. Budget and Budget Justification. refugees participating in these and The budget is clearly presented and is 3. Organization Profiles. The related programs; applicant demonstrates the capacity to detailed, reasonable, and cost effective. —Preparation of a variety of reports to (15 points) achieve the project’s objectives. be distributed to IDA, Organizational expertise and experience Program Area 4—Technical Assistance Microenterprise, and other economic in the provision of technical assistance for Economic Development Programs development grantees to assist them and information-sharing activities in in administering their programs, Purpose and Scope refugee economic development areas are including site visit reports and best fully and clearly described. (20 points) ORR invites eligible entities to submit practices reports; 4. Results or Benefits Expected. The competing applications for a —Organization and operation of results or benefits expected are clearly cooperative agreement to develop a workshops for IDA, Microenterprise, explained and are appropriate to the project to provide technical assistance and other grantees that have economic technical assistance activities proposed. for economic development services for development programs for refugees. (15 points) refugeesincluding Individual Workshop activities include 5. Budget and Budget Justification. Development Account programs, facilitated discussions, presentations, The budget is reasonable, cost-effective Microenterprise development programs, and training in economic and clearly presented. (15 points) and special self sufficiency and development and self-sufficiency employment initiatives. Under this activities; Program Area 5—Technical Assistance cooperative agreement, the grantee will —Provision of technical assistance in for Child Welfare Services for Refugee implement various activities intended to writing, by e-mail and by telephone, Families and Communities assist ORR-funded IDA and to IDA and Microenterprise grantees; Purpose and Scope Microenterprise grantees in the —Facilitation of a network of IDA and organization and administration of their Microenterprise grantees to share The state of well-being of refugee projects. The grantee may also provide information and to resolve problems, families is an important contributing similar technical assistance to special through, for example, the factor to family self-sufficiency and self-sufficiency and employment maintenance of a listserve, conference their initial resettlement. ORR proposes grantees and to any other types of calls, etc.; and to award one cooperative agreement to economic development grantees as —Maintenance of a database of assist in the development of a technical designated by the Director of ORR. characteristics and achievements of assistance project to help public and

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private agencies in promoting collaboration among refugee families, Unaccompanied Refugee Minor collaboration among refugee refugee service providers and the programs and service providers communities, the network of refugee children and youth service agencies that assisting children eligible for ORR resettlement services, and children and promote the welfare of refugee families, services. youth services including child refugee youth, and children. This Review Criteria—Refugee Child Welfare protective services, to promote the well- cooperative agreement is also intended Services being of children in refugee families. to promote cultural and linguistic Refugee families residing in U.S. services or access to services for refugee 1. Organizational Profiles. The communities may encounter significant families. Approximately $500,000 has capacity of the applicant to achieve the differences in child rearing practices been allocated for this program area. project’s objectives is clearly compared to the ethnic or national Through this cooperative agreement, demonstrated. Organizational expertise customs of their country of origin, due the grantee will submit a technical and experience in the provision of to the following or related reasons: (1) assistance plan for child welfare technical assistance and information Traditional cultures with strict parental services for refugee families and sharing to assist parents and roles may frequently conflict with the communities that include the following: organizations in enhancing and more egalitarian American family, (1) Site visit locations and schedules; (2) promoting the well-being of refugee resulting, for example, in differences in written materials proposed for children and youth. (30 points) refugee youths’ desire for early dissemination to the field; (3) workshop 2. Approach. The technical assistance independence; (2) refugee families may locations, topics, formats and agendas; plan is clearly described and experience trauma as a result of the and (4) technical support intended to appropriate, and the proposed activities persecution or flight, the effects of strengthen the content and the delivery and time frames are reasonable. The which may be destabilizing to family of the technical assistance being technical assistance plan describes life; (3) refugee families may need provided. ORR intends to review and clearly and in detail the manner in income from both parents, unlike the approve technical assistance plan for which the applicant will assess the need practice in their home country, to child welfare services for refugee for technical assistance, the proposed adequately provide for their needs; (4) families and communities in these areas activities, and how the proposed single refugee parent families face and other activities proposed by the activities are expected to address known similar stresses that U.S. single parent grantee related to the allowable technical assistance needs of families face in addition to the trauma activities listed below. ORR will also organizations and individuals caring for from their refugee experiences; and (5) provide direction and feedback in refugee children and youth. (20 points) refugees may end up living in low- implementation of the critical elements 3. Staff and Position Data. Staff income neighborhoods with high crime of the technical assistance activities qualifications are clearly presented and rates and without the benefit of an approved under this plan. are appropriate to achieving the ethnic community to provide project’s objectives. The description of information, guidance, and support. Allowable Activities staff qualifications demonstrates Due to these factors and others, Applicants may propose all or some experience in providing technical refugee families may encounter child combination of the following, as well as assistance to organizations and protective services and other agencies of other innovative strategies justifying individuals assisting and caring for the judicial system. These experiences their usefulness for technical assistance refugee children and youth. (20 points) may not be easily understood by the for the designated area: 4. Results or Benefits Expected. The refugee communities. As a result, —Provision of technical assistance to results or benefits expected are clearly refugee communities may become refugee communities, refugee service explained and are appropriate to the insecure and/or distrusting of the U.S. providers, school systems, school technical assistance activities proposed. child welfare and child protective counselors, and refugee youth clubs, (15 points) systems. This distrust or insecurity may and child welfare and youth services 5. Budget and Budget Justification. result in difficulties for refugee families agencies both in writing and through The budget is clearly presented and is in their effort to establish homes that telephone consultation; detailed, reasonable, and cost effective. promote the well-being of the family —Facilitating the electronic exchange of (15 points) members and where parents are secure refugee child welfare information in their role of providing a nurturing through a network website and Program Area 6—Technical Assistance and educational environment for their listserve; to Promote Refugee Housing children. These issues may also force —Providing on-site group training or Opportunities children to face conflicts in meeting the technical assistance meetings and Purpose and Scope expectations of their parents, fitting in workshops, drawing on positive with their peers, and developing a sense traditions and community strengths to The primary goal of refugee of belonging in their schools and social the extent practical; resettlement is to assist refugees in groups. —Promoting refugee families as foster becoming self-sufficient. One factor It has become clear over time that a parents; critical to achieving this goal is access productive relationship with child —Identifying and disseminating youth to affordable and decent housing. ORR welfare services, child protective coping skills in schools, communities proposes to award one cooperative services, youth shelters, and other youth and among families with deliberate agreement to assist an agency in the transitional and recreational services focus on ORR funded youth and development of a project that will may be needed to promote refugee family related projects; provide technical assistance to ORR families’ capacity to care for their —Locating or developing training service providers in the provision of this children and/or youth in their new curricula and materials; essential service. communities. —Conducting on-site reviews of refugee This program area is intended to ORR is interested in supporting a child welfare services; and assist both service providers and national technical assistance —Providing technical assistance refugees in gaining access to affordable cooperative agreement to promote regarding guardianship to and decent housing for refugee

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individuals and families. In most urban programs designed for low-income 3. Staff and Position Data. Staff areas throughout the U.S. where the first time home buyers; qualifications are clearly presented and majority of refugees are resettled, rent —Research of housing regulations and are appropriate to achieving the levels are being pushed to record highs provisions for the elderly, low-income project’s objectives. The description of and there is a dwindling supply of families, large families and people staff qualifications demonstrates affordable and decent housing. In many with disabilities. Identifying and experience in providing technical areas, rents are increasing faster than disseminating information on possible assistance to agencies that assist wages and recent energy price hikes collaboration among public and refugees with their housing needs. (20 have exacerbated an already critical private for profit and non-profit points) situation. There is a need to assist housing developers and providers; 4. Results or Benefits Expected. The resettlement agencies in developing —Preparation of a variety of reports to results or benefits expected are clearly innovative approaches to the housing be distributed to agencies to assist explained and are appropriate to the crises to enable refugees to live as well- them in providing housing services, technical assistance activities proposed. informed consumers in safe and including site visit reports and best (15 points) affordable homes in desirable practices reports; —Organization and operation of 5. Budget and Budget Justification. communities. The budget is clearly presented and is A grantee in this category will provide workshops for agencies in the area of housing services, to include such detailed, reasonable, and cost effective. technical planning and assistance to (15 points) promote refugee access to housing that subjects as effective use of assistance meets acceptable standards for health, provided by HUD and other local Program Area 7—Technical Assistance safety, affordability, good repair, and assistance programs as available; for Crime Prevention and Safety maintenance. —Assistance in developing Programs for Refugee Communities collaborative housing agreements and Approximately $200,000 has been Purpose and Scope allocated for this program area. One arrangements with employers, non- cooperative agreement may be awarded profit agencies, landlords, and other The Office of Refugee Resettlement for one national project to promote Federal and State agency programs; (ORR) proposes to award one —Training of case workers in orienting refugee housing. Through this cooperative agreement for the purpose refugees to be responsible tenants cooperative agreement, the grantee will of developing a project to provide including timely payment of rent, submit a technical assistance plan to integrated crime prevention technical maintenance of apartments, building promote refugee housing opportunities assistance to refugee service providers, good credit, and negotiating with that includes the following: (1) law enforcement entities, volunteers, landlords; refugee groups and communities that Proposed site visits and technical —Exploring, developing, and promoting fosters partnerships among entities assistance activities and schedules; (2) links between Individual involved in building safe and crime-free all written materials developed prior to Development Account programs, communities where refugees live. Lack the release of such documents; (3) small businesses and other refugee of awareness of the laws and practices proposed workshop locations, topics, economic activities to expand of their new country that may result in formats, and agendas; and (4) technical refugees’ ability to rent or purchase crime or conflict with law enforcement assistance plan to assist IDA grantees homes and provide technical is likely to slow or prevent the processes implementing IDA programs with assistance to IDA grantees; and housing components. ORR intends to —Provision of technical assistance to of refugee adjustment and/or efforts to review and approve a housing technical agencies in writing, by e-mail and by achieve early self-sufficiency. ORR assistance plan in these areas and other telephone. envisions that the technical assistance activities proposed by the grantee in in this category will address a range of relation to the allowable activities listed Review Criteria—Refugee Housing risk factors including family violence, below. ORR will also provide direction Services social isolation, drugs, alcohol, as well and feedback in addressing problems 1. Organizational Profiles. The as traditional child-rearing practices, associated with refugee impacted areas capacity of the applicant to achieve the spouse roles, and relationships of and most affected refugee groups such project’s objectives is clearly refugee families that may conflict with as the elderly. demonstrated. Organizational expertise the laws and practices of the U.S. This technical assistance aims at reducing or Allowable Activities and experience in the provision of technical assistance and information eliminating crime and victimization Applicants may propose all or a sharing to refugee resettlement agencies among refugees, positively contributing combination of the activities described and other non-profit and for profit to their safety and self-sufficiency, and below or new and innovative organizations concerned with affordable supports the development of refugee approaches justifying their usefulness to housing for low income and needy youth training in leadership skills and providing technical assistance in the families. (30 points) conflict management. area of housing assistance and services. 2. Approach. The technical assistance Approximately $400,000 has been —Assesses housing needs across the plan is clearly described and allocated for this program area. One nation and selects and prioritizes appropriate, and the proposed activities cooperative agreement will be awarded affected areas; plans for on-site visits and time frames are reasonable. The for one national project. The successful to provide technical assistance to technical assistance plan describes applicant will have demonstrated agencies, and identify best practices clearly and in detail the manner in expertise in planning and executing an in providing services for counseling which the applicant will assess the need integrated technical assistance plan to refugees about housing; for technical assistance, the proposed prevent criminal activities among —Provision of information to agencies activities, and how the proposed refugee communities and demonstrated on relevant available services and activities are expected to address known experience and flexibility in responding programs in the area of public housing technical assistance needs in to the particular characteristics and housing assistance, including resettling refugees. (20 points) needs of different ethnic and age groups.

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Through this cooperative agreement, partnership opportunities, relevant ORR is currently seeking a similar the grantee will submit a technical research results, literature and agreement with immigration courts assistance plan for crime prevention and possible community initiatives under the Executive Office for safety programs for refugee communities addressing refugee community risk Immigration Review (EOIR) to have in the following areas: (1) Technical elements. similar information provided in letters assistance and training curricula; (2) Review Criteria—Crime Prevention and granting asylum. Additional outreach community outreach activity; (3) written Safety efforts should also be conducted to training and informational materials expand enrollment of asylees in refugee developed and proposed for 1. Organizational Profiles. The programs and services. dissemination to the field; and (4) capacity of the applicant to achieve the Approximately $300,000 has been proposed workshops locations, topics, project’s objectives is clearly allocated for this program area. One schedules, presentation formats, and demonstrated. Organizational expertise grant may be awarded for one national agendas that cover a wide range of and experience in the provision of project. The successful applicant should ethnic and refugee age groups. ORR technical assistance and information demonstrate expertise in planning and intends to review and approve a sharing to assist refugee communities in executing an integrated technical technical assistance plan in these areas their efforts to prevent crime and assistance plan of information and and other activities related to the resolve conflicts. (30 points) referral to assist asylees to access the allowable activities listed below. ORR 2. Approach. The technical assistance ORR-funded refugee service network via will also provide direction and feedback plan is clearly described and a multilingual toll-free hotline number. appropriate, and the proposed activities to the grantee to ensure the proper Through this grant, ORR will review and time frames are reasonable. The implementation of the crime prevention and approve a service plan for asylees technical assistance plan describes and safety activities. that includes: (1) Technical equipment clearly and in detail the manner in required for a multilingual toll-free Allowable Activities which the applicant will assess the need number; (2) accurate and up to date for technical assistance, the proposed Applicants may propose all or some informational materials in a number of activities, and how the proposed combination of the following, as well as languages developed and proposed for activities are expected to address known other innovative strategies justifying dissemination to the field via the legal and crime issues in refugee their usefulness for technical assistance hotline; (3) the multilingual staff phone in the designated area: communities. (20 points) 3. Staff and Position Data. Staff operators to man the hotline; and (4) an —Assessing crime prevention technical ability to assess and address problems assistance and training needs and qualifications are clearly presented and are appropriate to achieving the with asylee access to local refugee sharing outreach techniques with services. various refugee communities and age project’s objectives. The description of groups. staff qualifications demonstrates Allowable Activities experience in providing technical —Promoting positive relationships Applicants should propose all of the between refugee communities and the assistance in crime prevention in refugee communities. (20 points) following activities. criminal justice system. Applicants are encouraged to propose —Disseminating information materials 4. Results or Benefits Expected. The results or benefits expected are clearly additional innovative strategies and technical advice related to crime providing justifications for their prevention using models and best explained and are appropriate to the technical assistance activities proposed. usefulness in the designated service practices that work to reduce or area. eliminate crime and victimization (15 points) 5. Budget and Budget Justification. —Maintain a 1–800 asylee information among refugees; —Collecting and summarizing data and The budget is clearly presented and is and referral number with multiple detailed, reasonable, and cost effective. information on program performance selections for each major refugee (15 points) for ORR-funded programs that focus language (minimum of seven on crime prevention and related Program Area 8—Services for Asylees languages); preventive and educational programs; via a Multilingual Information and —Create and update the script and —Facilitating the electronic exchange of Referral Hotline protocol guidelines for hotline information through a website or operators; Purpose and Scope listserve, and the collection and —Develop and maintain information in reporting of program activities, The Office of Refugee Resettlement a multitude of languages on services training and program impact (ORR) proposes to award a grant for the and eligibility requirements to access information; purpose of operating an asylee the refugee service provider network —Conducting group training or information and referral toll-free including State-funded services and technical assistance meetings and hotline. The purpose of this hotline is services provided through Voluntary workshops; to assist asylees by providing them Agency affiliates, particularly the —Developing training curricula and access to information on services in Matching Grant program for persons outreach techniques to vulnerable their respective communities and States. with newly awarded grants of asylum; groups and other supportive An extensive language bank capacity —Maintain a database of characteristics, materials; with all major language groups is noting trends of languages needed, —Conducting on-site program reviews required for hotline operators to location of callers, ethnicity/country where appropriate; communicate with asylees. ORR has an of origin of asylees, difference in time —Maintaining a database of agreement with the asylum offices of the between date of grant of asylum and characteristics, noting trends and Department of Homeland Security call to the hotline, and type of documenting achievements of crime (DHS) to include in the text of letters information sought through the phone prevention efforts; and granting asylum a toll-free number and calls; and —Identifying and disseminating information needed to access the —Collect and summarize data and potential crime prevention resources, refugee service network. information on callers to the asylee

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hotline for ORR funded programs as not length. Extensive exhibits are not Approach appropriate. required. Cross-referencing by Outline a plan of action that describes identifying the page number of the Review Criteria ‘‘Multilingual Hotline the scope and detail of how the information should be used rather than proposed work will be accomplished. 1. Organizational Profiles. The repetition. Supporting information Provide quantitative monthly or capacity of the applicant to achieve the concerning activities that will not be quarterly projections of the project’s objectives is clearly directly funded by the grant or accomplishments to be achieved for demonstrated. Organizational expertise information that does not directly each function or activity in such terms and experience in the provision of pertain to an integral part of the grant- as the number of people or services and information sharing to funded activity should be placed in an organizations to be served and the assist asylees in accessing appropriate appendix. Pages should be numbered number of activities to be accomplished. services. (30 points) and a table of contents should be Account for all functions or activities 2. Approach. The service plan is included for easy reference. identified in the application. Cite factors clearly described and appropriate, and Applicants shall prepare the project that might accelerate or decelerate the the proposed activities and time frames description statement in accordance work and state your reason for taking are reasonable. The service plan clearly with the following instructions and the the proposed approach rather than and fully describes how the applicant specified evaluation criteria. The others. Describe any unusual features of will assess the need for services, the instructions give a broad overview of the project such as design or scope of proposed activities, and how what the project description should technological innovations, reductions in the proposed activities are expected to include while the evaluation criteria cost or time, or extraordinary social and address known service needs of asylees. expands and clarifies more program- community involvement. (20 points) specific information that is needed. If any data is to be collected, 3. Staff and Position Data. Staff Project Summary/Abstract maintained, and/or disseminated, qualifications are clearly presented and clearance may be required from the U.S. are appropriate to achieving the Provide a summary of the project Office of Management and Budget project’s objectives. The description of description (a page or less) with (OMB). This clearance pertains to any staff qualifications clearly demonstrates reference to the funding request. ‘‘collection of information that is applicable experiences needed to assist Objectives and Need for Assistance conducted or sponsored by ACF.’’ asylees. (20 points) List organizations, cooperating Clearly identify the physical, 4. Results or Benefits Expected. The entities, consultants, or other key economic, social, financial, results or benefits expected are clearly individuals that will work on the project institutional, and/or other problem(s) explained and are appropriate to the along with a short description of the requiring solution. The need for activities proposed. (15 points) nature of their effort or contribution. assistance must be demonstrated and 5. Budget and Budget Justification. the principal and subordinate objectives Additional Information The budget is clearly presented and is of the project must be clearly stated; detailed, reasonable, and cost effective. Following are requests for additional supporting documentation, such as (15 points) information that need to be included in letters of support and testimonials from the application: Part II: General Instructions for concerned interests other than the Preparing a Full Project Description applicant, may be included. Any Staff and Position Data relevant data based on planning studies Purpose and Introduction Provide a biographical sketch for each should be included or referred to in the key person appointed and a job The project description provides a endnotes/footnotes. Incorporate description for each vacant key position. major means by which an application is demographic data and participant/ A biographical sketch will also be evaluated and ranked to compete with beneficiary information, as needed. In required for new key staff as appointed. other applications for available developing the project description, the assistance. The project description applicant may volunteer or be requested Organizational Profiles should be concise and complete and to provide information on the total Provide information on the applicant should address the activity for which range of projects currently being organization(s) and cooperating partners Federal funds are being requested. conducted and supported (or to be such as organizational charts, financial Supporting documents should be initiated), some of which may be statements, audit reports or statements included where they can present outside the scope of the program from CPAs/Licensed Public information clearly and succinctly. In announcement. Accountants, Employer Identification preparing your project description, all Numbers, names of bond carriers, information requested through each Results or Benefits Expected contact persons and telephone numbers, specific evaluation criteria should be Identify the results and benefits to be child care licenses and other provided. Awarding offices use this and derived. For example, applicants can documentation of professional other information in making their describe the number of programs to accreditation, information on funding recommendations. It is which technical assistance is provided, compliance with federal/state/local important, therefore, that this the number of workshops to be government standards, documentation information be included in the conducted, and for the hotlines, the of experience in the program area, and application. number of asylees to receive other pertinent information. Any non- information and number and type of profit organization submitting an General Instructions referrals to appropriate services. When application must submit proof of its ACF is particularly interested in accomplishments cannot be quantified non-profit status in its application at the specific factual information and by activity or function, events should be time of submission. statements of measurable goals in chronologically listed to show the The non-profit agency can accomplish quantitative terms. Project descriptions schedule of accomplishments and their this by providing a copy of the are evaluated on the basis of substance, target dates. applicant’s listing in the Internal

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Revenue Service’s (IRS) most recent list budget; next column(s), non-Federal description of the equipment, the cost of tax-exempt organizations described in budget(s), and last column, total budget. per unit, the number of units, the total Section 501(c)(3) of the IRS code, or by The budget justification should be a cost, and a plan for use on the project, providing a copy of the currently valid narrative. as well as use or disposal of the IRS tax exemption certificate, or by equipment after the project ends. An Personnel providing a copy of the articles of applicant organization that uses its own incorporation bearing the seal of the Description: Costs of employee definition for equipment should provide State in which the corporation or salaries and wages. a copy of its policy or section of its association is domiciled. Justification: Identify the project policy which includes the equipment director or principal investigator, if definition. Dissemination Plan known. For each staff person, provide Provide a plan for distributing reports the title, time commitment to the project Supplies and other project outputs to colleagues (in months), time commitment to the Description: Costs of all tangible and the public. Applicants must provide project (as a percentage or full-time personal property other than that a description of the kind, volume and equivalent), and annual salary, grant included under the Equipment category. timing of distribution. salary, wage rates, etc. Do not include the costs of consultants or personnel Justification: Specify general Third-Party Agreements costs of delegate agencies or of specific categories of supplies and their costs. Include written agreements between project(s) or businesses to be financed Show computations and provide other grantees and sub-grantees or by the applicant. information that supports the amount subcontractors or other cooperating requested. Fringe Benefits entities. These agreements must detail Contractual scope of work to be performed, work Description: Costs of employee fringe schedules, remuneration, and other benefits unless treated as part of an Description: Costs of all contracts for terms and conditions that structure or approved indirect cost rate. services and goods except for those define the relationship. Justification: Provide a breakdown of which belong under other categories the amounts and percentages that such as equipment, supplies, Letters of Support comprise fringe benefit costs such as construction, etc. Third-party evaluation Provide statements from community, health insurance, FICA, retirement contracts (if applicable) and contracts public and commercial leaders that insurance, taxes, etc. with secondary recipient organizations, support the project proposed for including delegate agencies and specific Travel funding. All submissions should be project(s) or businesses to be financed included in the application or received Description: Costs of project-related by the applicant, should be included by application deadline. travel by employees of the applicant under this category. organization (does not include costs of Budget and Budget Justification Justification: All procurement consultant travel). transactions shall be conducted in a Provide line item detail and detailed Justification: For each trip, show the manner to provide, to the maximum calculations for each budget object class total number of traveler(s), travel extent practical, open and free identified on the Budget Information destination, duration of trip, per diem, competition. Recipients and sub- form. Detailed calculations must mileage allowances, if privately owned recipients, other than States that are include estimation methods, quantities, vehicles will be used, and other required to use Part 92 procedures, must unit costs, and other similar quantitative transportation costs and subsistence justify any anticipated procurement detail sufficient for the calculation to be allowances. Travel costs for key staff to action that is expected to be awarded duplicated. The detailed budget must attend ACF-sponsored workshops without competition and exceed the also include a breakout by the funding should be detailed in the budget. simplified acquisition threshold fixed at sources identified in Block 15 of the SF– Equipment 41 U.S.C. 403(11) (currently set at 424. $100,000). Recipients might be required Description: ‘‘Equipment’’ means an Provide a narrative budget to make available to ACF pre-award article of non-expendable, tangible justification that describes how the review and procurement documents, personal property having a useful life of categorical costs are derived. Discuss such as request for proposals or more than one year and an acquisition the necessity, reasonableness, and invitations for bids, independent cost cost which equals or exceeds the lesser allocability of the proposed costs. estimates, etc. of (a) the capitalization level established General by the organization for the financial Applicant that delegate part of the The following guidelines are for statement purposes, or (b) $5,000. (Note: project to another agency must provide preparing the budget and budget Acquisition cost means the net invoice budget narrative along with supporting justification. Both Federal and non- unit price of an item of equipment, information for the delegated agency. Federal resources shall be detailed and including the cost of any modifications, Other justified in the budget and narrative attachments, accessories, or auxiliary justification. For purposes of preparing apparatus necessary to make it usable Enter the total of all other costs. Such the budget and budget justification, for the purpose for which it is acquired. costs, where applicable and appropriate, ‘‘Federal resources’’ refers only to the Ancillary charges, such as taxes, duty, may include but are not limited to ACF grant for which you are applying. protective in-transit insurance, freight, insurance, food, medical and dental Non-Federal resources are all other and installation shall be included in or costs (non-contractual), professional Federal and non-Federal resources. It is excluded from acquisition cost in services costs, space and equipment suggested that budget amounts and accordance with the organization’s rentals, printing and publication, computations be presented in a regular written accounting practices.) computer use, training costs, such as columnar format: first column, object Justification: For each type of tuition and stipends, staff development class categories; second column, Federal equipment requested, provide a costs, and administrative costs.

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Justification: Provide computations, a Part III: The Review Process must submit all required materials, if narrative description and a justification any, to the SPOC and indicate the date Intergovernmental Review: State Single for each cost under this category. of this submittal (or the date of contact Point of Contact (SPOC) if no submittal is required) on the Indirect Charges This program is covered under Standard Form 424, item 16a. Under 45 Description: Total amount of indirect Executive Order 12372, CFR 100.8(a) (2), a SPOC has 60 days costs. This category should be used only ‘‘Intergovernmental Review of Federal from the application deadline to when the applicant has currently Programs,’’ and 45 CFR Part 100, comment on proposed new or approved an indirect cost rate by the ‘‘Intergovernmental Review of competing continuation awards. SPOCs Department of Health and Human Department of Health and Human are encouraged to eliminate the Services (HHS) or another cognizant Services Programs and Activities.’’ submission of routine endorsements as Federal agency. Under the Order, States may design official recommendations. Additionally, Justification: An applicant that will their own processes for reviewing and SPOCs are requested to clearly charge indirect costs to the grant must commenting on proposed Federal differentiate between mere advisory enclose a copy of the current approved assistance under covered programs. comments and State official rate agreement. If the applicant Note: State/Territory participation in recommendations that may trigger the organization is in the process of initially the intergovernmental review process ‘‘accommodate or explain’’ rule. When developing or renegotiating a rate, it does not signify applicant eligibility for comments are submitted directly to should immediately upon notification financial assistance under a program. A ACF, they should be addressed to: that an award will be made, develop a potential applicant must meet the Department of Health and Human tentative indirect cost rate proposal eligibility requirements of the program Services, Administration for Children based on its most recently completed for which it is applying prior to and Families, Office of Grants fiscal year in accordance with the submitting an application to its SPOC, Management, 370 L’Enfant Promenade principles set forth in the cognizant if applicable, or to ACF. SW., 4th Floor, Washington, DC 20447, In accordance with Executive Order agency’s guidelines for establishing ATTN: Ms. Daphne Weeden, Grants #12372, ‘‘Intergovernmental Review of indirect cost rates, and submit it to the Officer. cognizant agency. Applicants awaiting Federal Programs,’’ this listing A list of the Single Points of Contact approval of their indirect cost proposals represents the designated State Single for each State and Territory is included may also request indirect costs. It Points of Contact. The jurisdictions not in this announcement. should be noted that when an indirect listed, no longer participate in the process. But grant applicants are still cost rate is requested, those costs OMB State Single Point of Contact Listing included in the indirect cost pool eligible to apply for the grant even if your state, territory, commonwealth, etc. . Mr. Tracy L. Copeland, Manager, should not also be charged as direct State Clearinghouse Office of costs to the grant. Also, if the applicant does not have a ‘‘State Single Point of Contact.’’ jurisdictions without ‘‘state Intergovernmental Services, Department of is requesting a rate which is less than Finance and Administration, 1515 W. 7th St., what is allowed under the program, the single points of contacts’’ include: Room 412, Little Rock, Arkansas 72203, authorized representative of the Alabama; Alaska; Arizona; Colorado; Telephone: (501) 682–1074, FAX: (501) 682– applicant organization must submit a ; ; Hawaii; Idaho; 5206. signed acknowledgement that the Louisiana; Massachusetts; ; California. Grants Coordinator, Office of applicant is accepting a lower rate than ; Nebraska; New Jersey; New Planning and Research/State Clearinghouse, 1400 Tenth Street, Room 121, Sacramento, allowed. York; Ohio; ; Oregon; Palau; Pennsylvania; ; Tennessee; California 95814, Telephone: (916) 323–7480, Program Income Vermont; Virginia; Washington; and FAX: (916) 323–3018. Delaware. Francine Booth, State Single Description: The estimated amount of . This list is based on the most current Point of Contact, Executive Department, income, if any, expected to be generated Office of the Budget, 540 S. du Pont from this project. information provided by the States. Highway, Suite 5, Dover, Delaware 19901, Justification: Describe the nature, Information on any changes or apparent Telephone: (302) 739–3326, FAX: (302) 739– source and anticipated use of program errors should be provided to the Office 5661. income in the budget or refer to the of Management and Budget and the District of Columbia. Charles Nichols, State pages in the application which contain State in question. Changes to the list Single Point of Contact, Office of Grants this information. will only be made upon formal Management and Development, 717 14th notification by the State. Also, this Street, NW.—Suite 1200, Washington, DC Nonfederal Resources listing is published biannually in the 20005, Telephone: (202) 727–6537, FAX: Catalogue of Federal Domestic (202) 727–1617, e-mail: Description: Amounts of non-Federal [email protected] or cnichols- resources that will be used to support Assistance. See also the Web site— [email protected]. the project as identified in Block 15 of (http://www.whitehouse.gov/omb/grnts/ Illinois. Virginia Bova, State Single Point of the SF–424. spoc.httm) Contact, Illinois Department of Commerce Justification: The firm commitment of Jurisdictions that participate in the and Community Affairs, James R. Thompson these resources must be documented Executive Order process have Center, 100 West Randolph, Suite 3–400, and submitted with the application in established SPOCs. Applicants from Chicago, Illinois 60601, Telephone: (312) order to be given credit in the review participating jurisdictions should 814–6028, FAX: (312) 814–1800. process. A detailed budget must be contact their SPOCs as soon as possible Indiana. Frances Williams, State Budget prepared for each funding source. to alert them of the prospective Agency, 212 State House, Indianapolis, applications and receive instructions. Indiana 46204–2796, Telephone: (317) 232– 5619, FAX: (317) 233–3323. Total Direct Charges, Total Indirect Applicants must submit any required Charges, Total Project Costs . Steven R. McCann, Division for material to the SPOCs as soon as Community Assistance, Iowa Department of The total direct, total indirect as well possible so that the program office can Economic Development, 200 East Grand as the total project costs should be obtain and review SPOC comments as Avenue, Des Moines, Iowa 50309, Telephone: clearly indicated. part of the award process. The applicant (515) 242–4719, FAX: (515) 242–4809.

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Kentucky. Kevin J. Goldsmith, Director, Texas. Tom Adams, Single Point of applications that are responsive to the John-Mark Hack, Deputy Director, Sandra Contact, State of Texas Governor’s Office of evaluation criteria within the context of this Brewer, Executive Secretary, Budget and Planning, Director, program announcement. Intergovernmental Affairs Office of the Intergovernmental Coordination, P.O. Box Governor, 700 Capitol Avenue, Frankfort, 12428, Austin, Texas 78711–2428, Part IV: Application Submission 40601, Telephone: (502) 564–2611, Telephone: (512) 463–1771, FAX: (512) 936– In order to be considered for a grant under FAX: (502) 564–2849. 2681, e-mail: [email protected]. this program announcement, an application Maine. Joyce Benson, State Planning Utah. Carolyn Wright, Utah State must be submitted on the forms supplied and Office, 184 State Street, 38 State House Clearinghouse, Office of Planning and in the manner prescribed by ACF. Station, Augusta, Maine 04333, Telephone: Budget, Room 116, State Capitol, Salt Lake Application materials including forms and (207) 287–3261, FAX: (207) 287–6489. City, Utah 84114, Telephone: (801) 538– instructions are available from the contact Maryland. Linda C. Janey, JD Manager, 1535, FAX: (801) 538–1547. named under the ADDRESSES section in the Clearinghouse and Plan Review Unit, West Virginia. Judith Dryer, Chief Program preamble of this announcement. Maryland Office of Planning, 301 W. Preston Manager, West Virginia Development, Office Each application should include one Street—Room 1104, Baltimore, Maryland Building #6, Room 645, State Capitol, signed original and two additional copies. 21201–2305, Telephone: (410) 767–4491, Charleston, West Virginia 25305, Telephone: Each program application narrative FAX: (410) 767–4480, e-mail: (304) 558–0350, FAX: (304) 558–0362. portion should not exceed 25 double- [email protected]. Wisconsin. Jeff Smith, Section Chief, State/ spaced pages in a 12-pitch font. Michigan. Richard Pfaff, Southeast Federal Relations, Wisconsin Department of Michigan Council of Governments, 660 Plaza Administration, 101 East Wilson Street—6th Attachments and appendices to the Drive—Suite 1900, Detroit, Michigan 48226, Floor, P.O. Box 7868, Madison, Wisconsin proposal should not exceed 25 pages Telephone: (313) 961–4266, FAX: (313) 961– 53707, Telephone: (608) 266–0267, FAX: and should be used only to provide 4869. (608) 267–6931. supporting documentation such as Mississippi. Cathy Mallette, Clearinghouse Territories maps, administration charts, position Officer, Department of Finance and descriptions, resumes, and letters of Guam. Mr. Giovanni T. Sgambelluri, Administration, 455 North Lamar Street, intent for partnership agreements. Jackson, Mississippi 39202–3087, Telephone: Director, Bureau of Budget and Management Research, Office of the Governor, P.O. Box Please do not include books or video (601) 359–6762, FAX: (601) 359–6764. tapes as they are not easily reproduced Missouri. Lois Pohl/Carol Meyer, Federal 2950, Agana, Guam 96910, Telephone: 011– Assistance Clearinghouse, Office of 671–472–2285, FAX: 011–671–472–2825. and are therefore, inaccessible to the Administration, P.O. Box 809, Room 915, Puerto Rico. Norma Burgos/Jose E. Caro, reviewers. Each page should be Chairwoman/Director, Puerto Rico Planning Jefferson Building, Jefferson City, Missouri numbered sequentially, including the Board, Federal Proposals Review Office, 65102, Telephone: (573) 751–4834, FAX: attachments or appendices. Audit Minillas Government Center, P.O. Box 41119, (573) 522–4395. reports are not included in the 25-page San Juan, Puerto Rico 00940–1119, Nevada. Heather Elliott, Department of Telephone: (809) 727–4444 or (809) 723– limitation of the attachment section. Administration, State Clearinghouse, Capitol 6190, FAX: (809) 724–3270 or (809) 724– Complex, Carson City, Nevada 89710, Application Materials 3103. Telephone: (702) 687–6367, FAX: (702) 687– Northern Mariana Islands. Mr. Alvaro A. Applicants for financial assistance 3983. Santos, Executive Officer, Office of under this announcement must file the New Hampshire. Jeffrey H. Taylor, Management and Budget, Office of the Director, New Hampshire Office of State Standard Form (SF) 424, Application for Governor, Saipan, MP 96950, Telephone: Federal Assistance; SF 424A, Budget Planning, Attn: Intergovernmental Review (670) 664–2256, FAX: (670) 664–2272. Please Process, Mike Blake, Office of State Planning, Information—Non-Construction direct all questions and correspondence Programs; SF 424B, Assurances—Non- 2 Beacon Street, Concord, New Hampshire about intergovernmental review to: Ms. 03301, Telephone: (603) 271–2155, FAX: Jacoba T. Seman, Federal Programs Construction Programs. The forms may (603) 271–1728. Coordinator, Telephone: (670) 664–2289, be reproduced for use in submitting New Mexico. Nick Mandell, Local FAX: (670) 664–2272. applications. An application with an Government Division, Room 201, Bataan Virgin Islands. Nellon Bowry, Director, original signature and two copies is Memorial Building, Santa Fe, New Mexico Office of Management and Budget, #41 required. 87503, Telephone: (505) 827–4991, FAX: Norregade Emancipation Garden Station, (505) 827–4948. Second Floor, Saint Thomas, Virgin Islands Application Submission Information North Carolina. Chrys Baggett, Director, 00802. Please direct all questions and North Carolina State Clearinghouse, Office of The closing date for submission of correspondence about intergovernmental applications is 30 days from publication the Secretary of Administration, 116 West review to: Daisey Millen, Telephone: (809) Jones Street—Suite 5106, Raleigh, North 774–0750, FAX: (809) 776–0069. date. Mailed applications received after Carolina 27603–8003, Telephone: (919) 733– the closing date will be classified as 7232, FAX: (919) 733–9571. Initial ACF Screening late. Mailed applications shall be . Jim Boyd, North Dakota Each application submitted under this considered as meeting an announced Single Point of Contact, Office of program announcement will undergo a pre- deadline if they are received on or Intergovernmental Assistance, 600 East review to determine that: (1) The application before the deadline date by ACF in time Boulevard Avenue, Department 105, was received by the closing date and for the independent review at: U.S. Bismarck, North Dakota 58505–0170, submitted in accordance with the Telephone: (701) 328–2094, FAX: (701) 328– instructions in this announcement and (2) Department of Health and Human 2308. the applicant is eligible for funding. Services, Administration for Children Rhode Island. Kevin Nelson, Review and Families, Office of Grants Coordinator, Department of Administration, Competitive Review Management, Division of Discretionary Division of Planning, One Capitol Hill, 4th Applications that pass the initial ACF Grants, 4th Floor, Aerospace Building, Floor, Providence, Rhode Island 02908–5870, screening will be evaluated and rated by an 901 D Street, SW., 20447, Attention: Ms. Telephone: (401) 222–2656, FAX: (401) 222– independent review panel on the basis of Daphne Weeden, Grants Officer. 2083. specific evaluation criteria. The evaluation Applications that may be hand carried South Carolina. Omegia Burgess, State criteria are designed to assess the quality of Single Point of Contact, Budget and Control a proposed project, and to determine the to the above address by applicants, Board, Office of State Budget, 1122 Ladies likelihood of its success. The evaluation applicant couriers, or by other Street—12th Floor, Columbia, South Carolina criteria are closely related and are considered representatives of the applicant shall be 29201, Telephone: (803) 734–0494, FAX: as a whole in judging the overall quality of considered as meeting an announced (803) 734–0645. an application. Points are awarded only to deadline if they are received at the

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above address on or before the deadline Applicants must also understand that Advisory Board to be held in September date, between the hours of 8 a.m. and they will be held accountable for the 2003. 4:30 p.m., e.s.t., Monday through smoking prohibition included within A portion of the meeting will be open Friday, excluding Federal holidays. The Public Law 103–227, part C and will include a Department of Health Environment Tobacco Smoke (also address must appear on the envelope/ and Human Services drug testing package containing the application with known as the Pro-Children’s Act of program update, and a Department of the note ‘‘Attention: Ms. Daphne 1994). A copy of the Federal Register Transportation drug testing program Weeden.’’ (Applicants are cautioned notice which implements the smoking that express/overnight mail services do prohibition is included with forms. By update. If anyone needs special not always deliver as agreed.) ACF will signing and submitting the application, accommodations for persons with acknowledge receipt of applications by applicants are providing the disabilities, please notify the Contact letter. certification and need not mail back the listed below. ACF cannot accommodate certification with the application. The meeting will include an transmission of applications by fax or Applicable Administrative evaluation of sensitive National through other electronic media. Regulations: Applicable DHHS grant Laboratory Certification Program (NLCP) Therefore, applications transmitted to administration regulations can be found internal operating procedures and ACF electronically will not be accepted in 45 CFR part 74 or 92. program development issues. Therefore, regardless of date or time of submission Reporting Requirements: Grantees are a portion of the meeting will be closed required to file the Financial Status and time of receipt. to the public as determined by the Report (SF–269) and Program Late applications: Applications that SAMHSA Administrator in accordance Performance Report on a semi-annual do not meet the criteria above are with Title 5 U.S.C. 552b(c)(9)(B) and 5 basis. Funds issued under these awards considered late applications. ACF shall U.S.C. App.2, section 10(d). notify each late applicant that its must be accounted for and reported application will not be considered in upon separately from all other grant A roster of the board members may be the current competition. activities. Although ORR does not obtained from: Mrs. Giselle Hersh, Extension of deadlines: ACF may expect the proposed projects to include Division of Workplace Programs, 5600 extend application deadlines when evaluation activities, it does expect Fishers Lane, Rockwall II, Suite 815, circumstances such as acts of God grantees to maintain adequate records to Rockville, MD 20857, 301–443–6014 (floods, hurricanes, etc.) occur, or when track and report on project outcomes. (voice). The transcript for the open there are widespread disruptions of mail The official receipt point for all reports session will be available on the services. Determinations to extend or and correspondence is the ORR Grants following Web site: http:// waive deadline requirements rest with Officer, Ms. Daphne Weeden, workplace.samhsa.gov. Additional the Chief Grants Management Officer. Administration for Children and information for this meeting may be Families/Office of Grants Management, FOR FURTHER INFORMATION CONTACT: Ms. obtained by contacting the individual 370 L’Enfant Promenade SW., 4th Floor, Daphne Weeden, Administration for listed below. Washington, DC 20447, Telephone: Children and Families, Office of Grants (202) 401–4577. Committee Name: Center for Substance Management, 370 L’Enfant Promenade An original and one copy of each Abuse Prevention Drug Testing Advisory SW., 4th Floor, Washington, DC 20447, report shall be submitted within 30 days Board. (202) 401–4577. of the end of each reporting period Meeting Date: September 3, 2003; 8:30 Certification, Assurances, and directly to the Grants Officer. The a.m.–4:30 p.m., September 4, 2003; 8:30 Disclosure Required for Non- mailing address is: Ms. Daphne Weeden, a.m.–noon. Construction Programs Administration for Children and Place: Residence Inn by Marriott, 7335 Families, Office of Grants Management, Wisconsin Avenue, Bethesda, Maryland Applicants must provide a 370 L’Enfant Promenade SW., 4th Floor, 20814. certification concerning lobbying. Prior Washington, DC 20447. A final Type: Open: September 3, 2003; 8:30 a.m.– to receiving an award in excess of Financial and Program Report shall be 9:30 a.m. Closed: September 3, 2003; 9:30 $100,000, applicants should furnish an due 90 days after the budget expiration a.m.–4:30 p.m. Closed: September 4, 2003; executed copy of the lobbying date or termination of grant support. 8:30 a.m.–noon. certification (approved by the Office of Contact: Donna M. Bush, Ph.D., Executive Management and Budget under control Dated: July 30, 2003. Secretary; 301–443–6014 (voice) or 301–443– number 0348–0046). Nguyen Van Hanh, 3031 (fax). Applicants must sign and return the Director, Office of Refugee Resettlement. certification with their application. [FR Doc. 03–20261 Filed 8–7–03; 8:45 am] Dated: August 1, 2003. Applicants must make the appropriate BILLING CODE 4184–01–P Toian Vaughn, certification of their compliance with Committee Management Officer, Substance the Drug-Free Workplace Act of 1988. Abuse and Mental Health Services By signing and submitting the DEPARTMENT OF HEALTH AND Administration. application, applicants are providing HUMAN SERVICES [FR Doc. 03–20202 Filed 8–7–03; 8:45 am] the certification and need not mail back BILLING CODE 4162–20–P the certification with the application. Substance Abuse and Mental Health Applicants must make appropriate Services Administration certification that they are not presently Center for Substance Abuse debarred, suspended and otherwise Prevention; Notice of Meeting ineligible for the award. By signing and submitting the application, applicants Pursuant to Public Law 92–463, are providing the certification and need notice is hereby given of the meeting of not mail back the certification with the the Center for Substance Abuse application. Prevention (CSAP) Drug Testing

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DEPARTMENT OF HOMELAND Authority for this program is DEPARTMENT OF THE INTERIOR SECURITY contained in the fiscal year 2003 Appropriations Act under Pub.L. 108–7. Geological Survey Transportation Security Administration Total anticipated funding for Highway Watch Program is $19,700,000. Awards Request for Public Comments on Highway Watch Program: Application under this program are subject to Information Collection To Be Notice Describing the Program and availability of funds. Submitted to the Office of Management Establishing the Closing Date for and Budget for Review Under the Receipt of Applications Under the Issued in Arlington, VA. Paperwork Reduction Act Highway Watch Program Mark Johnson, Deputy Assistant Administrator, Maritime A request extending the collection of AGENCY: Transportation Security and Land Security. information listed below will be Administration, Department Homeland [FR Doc. 03–20274 Filed 8–7–03; 8:45 am] submitted to the Office of Management Security. BILLING CODE 4910–62–P and Budget for approval under the ACTION: Notice inviting applications of provisions of the Paperwork Reduction the Highway Watch Program. Act (44 U.S.C. Chapter 35). Copies of the proposed collection of information and SUMMARY: The existing Highway Watch DEPARTMENT OF HOUSING AND related forms may be obtained by Program will be expanded to include contacting the USGS Clearance Officer passenger carriers and first responders URBAN DEVELOPMENT at the phone number listed below. and to create a larger call center capable Comments and suggestions on the of communicating with program [Docket No. FR–4809–N–32] requirement should be made within 60 participants to link transportation-based days directly to the USGS Clearance Information Sharing and Analysis Federal Property Suitable as Facilities Officer, U.S. Geological Survey, 807 Centers. To Assist the Homeless National Center, Reston, VA 20192. As DATES: The program announcement and AGENCY: Office of the Assistant required by OMB regulations at CFR application forms for the Highway Secretary for Community Planning and 1320.8(d)(1), the U.S. Geological Survey Program are expected to be available on Development, HUD. solicits specific public comments or about August 5, 2003. Application ACTION: Notice. regarding the proposed information must be received: Transportation collection as to: Security Administration, TSA SUMMARY: This Notice identifies 1. Whether the collection of Headquarters—West Building, 9th unutilized, underutilized, excess, and information is necessary for the proper Floor, TSA–8, 601 South 12th Street, surplus Federal Property reviewed by performance of the functions of the Arlington, Virginia 22202–4220; on or HUD for suitability for possible use to USGS, including whether the before 4 p.m. EST, September 8, 2003. assist the homeless. information will have practical utility; ADDRESSES: Program Announcement 2. The accuracy of the USGS estimate EFFECTIVE DATE: #03MLPA0001 for the Highway Watch August 8, 2003. of the burden of the collection of Program will be available through the FOR FURTHER INFORMATION CONTACT: information, including the validity of TSA Internet at http://www.tsa.dot.gov Mark Johnston, Department of Housing the methodology and assumptions used; under Industry Partners. and Urban Development, Room 7262, 3. The utility, quality, and clarity of FOR FURTHER INFORMATION CONTACT: Mr. 451 Seventh Street SW., Washington, the information to be collected; and, Ronald Ouellet, Transportation Security DC 20410; telephone (202) 708–1234; 4. How to minimize the burden of the Administration, Office of Maritime and TTY number for the hearing- and collection of information on those who Land Security, 701 12th Street, speech-impaired (202) 708–2565, (these are to respond, including the use of Arlington, VA 22201, (571) 227–2167, E- telephone numbers are not toll-free), or appropriate automated electronic, mail: [email protected]. call the toll-free Title V information line mechanical, or other forms of SUPPLEMENTARY INFORMATION: The at 1–800–927–7588. information technology. purpose of the Highway Watch Program SUPPLEMENTARY INFORMATION: In Title: Comprehensive Test Ban Treaty. is to promote security awareness among accordance with the December 12, 1988, Current OMB approval number: 1028– all segments of the commercial motor court order in National Coalition for the 0059. carriers and transportation community. Homeless v. Veterans Administration, Abstract: The information, required The Highway Watch Program plans to No. 88–2503–OG (D.D.C.), HUD by the Comprehensive Test Ban Treaty train the Nation’s commercial drivers to publishes a notice, on a weekly basis, (CTBT), will provide the CTBT observe and report any suspicious identifying unutilized, underutilized, Technical Secretariat with geographic activities or items that may threaten the excess and surplus Federal buildings locations of sites where chemical critical elements of the Nation’s and real property that HUD has explosions greater than 300 tons TNT- highway transportation system. reviewed for suitability for use to assist equivalent have occurred. Respondents The Transportation Security the homeless. Today’s notice is for the to the information collection request are Administration seeks a provider(s) purpose of announcing that no U.S. nonfuel minerals producers. capable of achieving one or more of the additional properties have been Bureau form number: 9–4040–a. following program priorities: (1) determined suitable or unsuitable this Frequency: Annual. Participants identification and week. Description of respondents: recruitment; (2) training; (3) Companies that have conducted in the communications; and (4) information Dated: July 31, 2003. last calendar year, or that will conduct analysis and distribution. In addition to John D. Garrity, in the next calendar year, explosions these four priorities, the provider(s) Director, Office of Special Needs Assistance with a total charge size of 300 tons of must develop and implement a data Programs. TNT-equivalent, or greater. system for tracking and reporting project [FR Doc. 03–19940 Filed 8–7–03; 8:45 am] Annual Responses: 3,000. requirements. BILLING CODE 4210–29–M Annual burden hours: 750.

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Bureau clearance officer: John E. UT 84078, fax them to 435–781–4410, or lines would be laid on the surface and Cordyack, Jr., 703–648–7313. send e-mail comments to the attention integrated into the existing gas pipeline of Jean Nitschke-Sinclear at gathering and transmission network. John H. DeYoung, Jr., [email protected]. A copy One new compressor station is Chief Scientist, Minerals Information Team. of the DEIS has been sent to affected anticipated. [FR Doc. 03–20270 Filed 8–7–03; 8:45 am] Federal, State, and local government The Notice of Intent for preparation of BILLING CODE 4310–Y7–M agencies; and persons and entities who the Draft Environmental Impact indicated to the BLM that they wished Statement on the Resource Development to receive a copy of the DEIS. Group Uinta Basin Natural Gas Project DEPARTMENT OF THE INTERIOR Copies of the Resource Development was published in the Federal Register [UT080–1310–00] Group Uinta Basin Natural Gas Project on October 22, 1999. Public DEIS are available at the BLM Vernal participation was sought through Notice of Availability of the Draft Field Office at the address above. The scoping, public meetings and Environmental Impact Statement on DEIS may also be viewed and stakeholder meetings conducted with the Resource Development Group downloaded in PDF format at the BLM interested agencies and organizations. Uinta Basin Natural Gas Project, Vernal Field Office Web site at http:// Specifically, BLM conducted a public Uintah County, UT www.blm.gov/utah/vernal. scoping and informational open house AGENCY: Bureau of Land Management, FOR FURTHER INFORMATION CONTACT: Jean in Vernal, Utah on November 18, 1999; Interior. Nitschke-Sinclear at BLM’s Vernal Field and stakeholders meetings on February 14–17, 2000. Through the scoping ACTION: Notice of availability. Office listed above or telephone (435– 781–4400). process several issues were identified SUMMARY: In accordance with section SUPPLEMENTARY INFORMATION: Written and are addressed in the DEIS. The BLM 202 of the National Environmental comments, including names and has developed three alternatives in Policy Act of 1969, the Bureau of Land addresses of respondents, will be addition to the proposed action for Management (BLM) announces the available for public review at the BLM analysis in the DEIS. The alternatives availability of the Draft Environmental Vernal Field Office during normal range from continuation of current Impact Statement (DEIS) for the business hours (7:45 a.m. to 4:30 p.m.). management (No Action) to different proposed Resource Development Group Responses to the comments will be combinations of environmental Uinta Basin Natural Gas Project. The published as part of the Final protection and development. DEIS analyzes and discloses to the Environmental Impact Statement (FEIS). Dated: June 6, 2003. public direct, indirect, and cumulative Individuals may request confidentiality. Sally Wisely, environmental impacts of a proposed If you wish to withhold your name or State Director. natural gas development on 79,800 acres address from public review or from [FR Doc. 03–19691 Filed 8–7–03; 8:45 am] in the Atchees Wash oil and gas disclosure under the Freedom of BILLING CODE 4310–$$–P production region. The proponent Information Act, you must state this proposes to drill up to 423 gas prominently at the beginning of your production wells, accessed by comment. Such requests will be DEPARTMENT OF THE INTERIOR approximately 126 miles of new roads. honored to the extent allowed by law. Three additional alternatives to the All submissions from organizations or Bureau of Land Management proposed action are also analyzed. businesses will be made available for [NV–952–03–1420–BJ] DATES: Written comments on the public inspection in their entirety. Resource Development Group Uinta The DEIS analyzes proposed natural Filing of Plats of Survey; Nevada Basin Natural Gas Project DEIS will be gas development in 79,800 acres in the accepted for 45 days following the date Atchees Wash oil and gas production AGENCY: Bureau of Land Management, the Environmental Protection Agency region, approximately 50 miles south of Interior. (EPA) publishes this Notice of Vernal in Townships 11 and 12 South; ACTION: Notice. Availability in the Federal Register. Ranges 23 and 24 E., SLBM. The SUMMARY: Future public meetings and any other proposed project is located primarily on The purpose of this notice is public involvement activities will be BLM-administered lands (69,560 acres) to inform the public and interested State announced at least 15 days in advance and includes 9,080 acres of State and local government officials of the through public notices, media news administered lands and 1,160 acres of filing of Plats of Survey in Nevada. releases, the BLM Vernal Field Office private lands. Sixty-four wells and 139 EFFECTIVE DATE: Filing is effective at 10 Web site at http://www.blm.gov/utah/ miles of roads exist within the project a.m. on the dates indicated below. vernal and/or mailings. area. The proponent anticipates drilling FOR FURTHER INFORMATION CONTACT: The BLM asks that those submitting up to 423 additional wells at a rate of Robert M. Scruggs, Chief, Branch of comments on the DEIS make them as 14 to 40 a year, accessed by Geographic Sciences, Bureau of Land specific as possible with references to approximately 126 miles of new roads. Management (BLM), Nevada State page numbers and chapters of the The wells would be drilled on a spacing Office, 1340 Financial Blvd., PO Box document. Comments that contain only pattern based on geology and reservoir 12000, Reno, Nevada 89520, 775–861– opinions or preferences will not receive qualities. Some areas could be 6541. a formal response, but will be developed on a 40-acre pattern while SUPPLEMENTARY INFORMATION: considered and included as part of the others could be drilled on patterns of 1. The Supplemental Plat of the BLM decision-making process. 160 acres or larger. The Wasatch following described lands was officially ADDRESSES: Please address questions, Formation (average depth of 2,000– filed at the Nevada State Office, Reno, comments or concerns to the Vernal 4,000 feet) and Mesa Verde Formation Nevada, on April 11, 2003: Field Office, Bureau of Land (average depth of 4,000–6,000 feet) are The supplemental plat, showing Management, Attn: Jean Nitschke- the primary producing horizons in this amended lottings in the N1/2 of section Sinclear 170 South, 500 East, Vernal, region. Unpainted steel gas gathering 6, Township 22 South, Range 60 East,

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Mount Diablo Meridian, Nevada, was a revised area for lot 19, in the NW1/ water entitlements to Zone 40 area; (3) accepted April 11, 2003. 4NW1/4NW1/4 of section 16, Township provide facilities through which East This supplemental plat was prepared 22 South, Range 61 East, Mount Diablo Bay Municipal Utility District (EBMUD) to meet certain administrative needs of Meridian, Nevada, was accepted May can take delivery of a supplemental the Bureau of Land Management and the 20, 2003. supply of water that would substantially Hughes Corporation. The supplemental plat, showing a meet its need for water and reduce 2. The Plats of Survey of the following subdivision of lots 39, 40, 41, and 42, existing and future customer described lands were officially filed at and revised areas for lots 29 through 38, deficiencies during droughts; and (4) the Nevada State Office, Reno, Nevada, and lots 43 and 44, in the SW1/4NW1/ improve EBMUD system reliability and on April 14, 2003: 4 and the SE1/4NW1/4 of section 20, operational flexibility during droughts, The plat, in four sheets, representing Township 22 South, Range 61 East, catastrophic events, and scheduled the dependent resurvey of a portion of Mount Diablo Meridian, Nevada, was major maintenance at Pardee Dam or the east boundary, a portion of the accepted May 20, 2003. Reservoir. subdivisional lines and a portion of the These supplemental plats were DATES: Submit written comments on the subdivision-of-section lines of sections prepared to meet certain administrative Draft EIS/EIR on or before October 7, 25 and 36, and the further subdivision needs of the Bureau of Land 2003 at the address provided below. of sections 25 and 36, and metes-and- Management. bounds surveys in sections 25, 26 and 6. The above-listed surveys are now Four public hearings have been 36, Township 21 South, Range 59 East, the basic record for describing the lands scheduled to receive oral or written Mount Diablo Meridian, Nevada, under for all authorized purposes. These comments regarding the project’s environmental effects: Group No. 810, was accepted April 14, surveys have been placed in the open • 2003. files in the BLM Nevada State Office Thursday, September 4, 2003, 6:30– 8:30 p.m., Sacramento, CA The plat representing the dependent and are available to the public as a • resurvey of a portion of the west matter of information. Copies of the Tuesday, September 9, 2003, 6:30– 8:30: p.m., Herald, CA boundary, a portion of the subdivisional surveys and related field notes may be • lines and a portion of the subdivision- furnished to the public upon payment of Wednesday, September 10, 2003, of-section lines of section 6, and a the appropriate fees. 6:30–8:30 p.m., Oakland, CA • Thursday, September 11, 2003, metes-and-bounds survey in section 6, Dated: July 29, 2003. Township 22 South, Range 60 East, 6:30–8:30 p.m., Sacramento, CA Robert M. Scruggs, Mount Diablo Meridian, Nevada, under ADDRESSES: The public hearings will be Group No. 810, was accepted April 14, Chief Cadastral Surveyor, Nevada. held at the following locations: 2003. [FR Doc. 03–20217 Filed 8–7–03; 8:45 am] • Sacramento, CA (September 4)— These surveys were executed to meet BILLING CODE 4310–HC–P Pannell Community Center, 2450 certain administrative needs of the Meadowview Road Bureau of Land Management and the • Herald, CA—Herald Fire Hughes Corporation. DEPARTMENT OF THE INTERIOR Department, 127 Ivie Road 3. The Supplemental Plat of the • Oakland, CA—EBMUD Training Bureau of Reclamation following described lands was officially Room, 375 11th Street, 2nd Floor • filed at the Nevada State Office, Reno, Freeport Regional Water Project, Sacramento, CA (September 11)— Nevada, on April 15, 2003: Sacramento, CA Wildhawk Golf Course, 7713 Vineyard The supplemental plat, showing a Road subdivision of lots 5 and 12, section 1, AGENCY: Bureau of Reclamation, Please send written comments to Township 22 South, Range 59 East, Interior. Freeport Regional Water Project, Draft Mount Diablo Meridian, Nevada, was ACTION: Notice of Availability of the EIS/EIR Comments, Freeport Regional accepted April 15, 2003. Draft Environmental Impact DES03–48 Water Authority, 1510 J Street #140, This supplemental plat was prepared Statement/Environmental Impact Report Sacramento, CA 95814, Fax: (916) 444– to meet certain administrative needs of (Draft EIS/EIR) and notice of public 2137. the Bureau of Land Management and the hearings. Copies of the Draft EIS/EIR may be Hughes Corporation. requested from Mr. Kroner at the above 4. The Supplemental Plat of the SUMMARY: The Bureau of Reclamation address or by calling (916) 326–5489. following described lands was officially (Reclamation) and the Freeport Regional See Supplementary Information section filed at the Nevada State Office, Reno, Water Authority (FRWA) have made for locations where copies of the Draft Nevada, on May 1, 2003: available for public review and EIS/EIR are available for public The supplemental plat, showing a comment the Draft EIS/EIR for the inspection. subdivision of original lot 5, section 6, Freeport Regional Water Project. and correcting an erroneous area shown The proposed project would construct FOR FURTHER INFORMATION CONTACT: Mr. for original lot 4, section 6, on the and operate a water supply system to Rob Schroeder, Reclamation, at (916) original plat, Township 17 North, Range meet regional water supply needs. The 989–7274, TDD (916) 989–7285, or e- 55 East, Mount Diablo Meridian, project would (1) support acquisition of mail: [email protected]; or Mr. Nevada, was accepted April 29, 2003. additional Sacramento County Water Kurt Kroner, at (916) 326–5489, or e- This supplemental plat was prepared Agency (SCWA) surface water mail at [email protected]. to meet certain administrative needs of entitlements to promote efficient SUPPLEMENTARY INFORMATION: The Draft the Bureau of Land Management. conjunctive use of groundwater in its EIS/EIR addresses facilities-related 5. The Supplemental Plats of the Zone 40 area, consistent with the impacts including the effects of project following described lands were Sacramento Area Water Forum construction and operation on officially filed at the Nevada State Agreement and County of Sacramento hydrology, water quality, fish resources, Office, Reno, Nevada, on May 22, 2003: General Plan policies; (2) provide recreation, vegetation and wildlife, The supplemental plat, showing a facilities through which SCWA can visual resources, cultural resources, subdivision of lots 15, 16, and 265, and deliver existing and anticipated surface land use, geology, soils, seismicity,

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groundwater, traffic and circulation, air • Lodi Public Library, 201 W. Locust Venezuela)—briefing and vote. quality, noise, and public health and Street, Lodi, CA, 95240 (Commissioners’ views on remand are safety. Diversion-related impacts Our practice is to make comments, currently scheduled to be transmitted to include the effects of increased including names and home addresses of the United States Court of International diversions from the Sacramento River respondents, available for public Trade on or before September 19, 2003.) and associated changes in Reclamation’s review. Individual respondents may 6. Outstanding action jackets: none. operation of Central Valley Project request that we withhold their home In accordance with Commission (CVP) facilities. Project diversions address from public disclosure, which policy, subject matter listed above, not therefore may directly or indirectly we will honor to the extent allowable by disposed of at the scheduled meeting, affect the Sacramento River, its law. There also may be circumstances in may be carried over to the agenda of the tributaries, and Delta resources which we would withhold a following meeting. including water supply, fish and aquatic respondent’s identity from public By order of the Commission. habitat, riparian vegetation and habitat, disclosure, as allowable by law. If you Issued: August 5, 2003. water quality, recreation, visual and wish us to withhold your name and/or Marilyn R. Abbott, cultural resources, and power supply. address, you must state this Secretary to the Commission. The Draft EIS/EIR also evaluates prominently at the beginning of your potential growth-inducing impacts for comment. We will make all submissions [FR Doc. 03–20364 Filed 8–6–03; 11:10 am] the SCWA and EBMUD water service from organizations or businesses, and BILLING CODE 7020–02–P areas. An evaluation of cumulative from individuals identifying themselves hydrologic and water service area as representatives or officials of impacts associated with reasonably organizations or businesses, available DEPARTMENT OF LABOR foreseeable actions is also included. for public disclosure in their entirety. Copies of the Draft EIS/EIR are Hearing Process Information: The Office of the Secretary available for public inspection and purpose of the public hearing is to Proposed Collection; Comment review at the following locations: provide the public with an opportunity Request • East Bay Municipal Utility District, to comment on environmental issues 375 11th Street, Oakland, CA, 94607 addressed in the Draft EIS/EIR. Written ACTION: Notice. • Sacramento County Water Agency, comments will also be accepted. SUMMARY: The Department of Labor, as 827 Seventh Street, Room 301, Dated: July 15, 2003. Sacramento, CA, 95814 part of its continuing effort to reduce William H. Luce, Jr., • Sacramento County Clerk- paperwork and respondent burden, Recorder’s Office, 600 Eighth Street, Acting Regional Director, Mid-Pacific Region. conducts a preclearance consultation Sacramento, CA, 95814 [FR Doc. 03–20273 Filed 8–7–03; 8:45 am] program to provide the general public • Sacramento Public Library, 828 I BILLING CODE 4310–MN–P and Federal agencies with an Street, Sacramento, CA 95814 opportunity to comment on proposed • Bureau of Reclamation, 7794 and/or continuing collections of Folsom Dam Road, Folsom, CA 95630 INTERNATIONAL TRADE information in accordance with the • Bureau of Reclamation, Denver COMMISSION Paperwork Reduction Act of 1995 Office Library, Building 67, Room 167, [USITC SE–03–027] (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Denver Federal Center, 6th and Kipling, program helps to ensure that requested Denver, CO 80225; telephone: (303) Sunshine Act Meeting; Notice data can be provided in the desired 445–2072 format, reporting burden (time and • Bureau of Reclamation, Office of AGENCY: United States International financial resources) is minimized, Public Affairs, 2800 Cottage Way, Trade Commission. collection instruments are clearly Sacramento, CA 95825–1898; telephone: TIME AND DATE: August 18, 2003 at 11 understood, and the impact of collection (916) 978–5100 a.m. requirements on respondents can be • Natural Resources Library, U.S. PLACE: Room 101, 500 E Street SW., properly assessed. Currently, the Office Department of the Interior, 1849 C Street Washington, DC 20436, Telephone: of the Secretary is soliciting comments NW., Main Interior Building, (202) 205–2000. concerning the proposed collection: Washington, DC 20240–0001 National Agricultural Workers Survey. • STATUS: Open to the public. Elk Grove Community Library, 8962 A copy of the proposed information MATTERS TO BE CONSIDERED: Elk Grove Boulevard, Elk Grove, CA, collection request can be obtained by 1. Agenda for future meetings: none. 95624 contacting the office listed below in the • 2. Minutes. Belle Cooledge Community Library, ADDRESSES section of this notice. 5600 Southland Park Drive, Sacramento, 3. Ratification List. DATES: Written comments must be CA, 95822 4. Inv. Nos. 731–TA–753–756 submitted to the office listed in the • Valley Hi—North Laguna, 6351 (Review) (Cut-to-Length Carbon Steel ADDRESSES section below on or before Mack Road, Sacramento, CA, 95823 Plate from China, Russia, South Africa, • Southgate Community Library, 6132 and Ukraine)—briefing and vote. (The October 7, 2003. 66th Avenue, Sacramento, CA, 95823 Commission is currently scheduled to ADDRESSES: Mr. Daniel Carroll, U.S. • Galt Neighborhood Library, 1000 transmit its determination and Department of Labor, 200 Constitution Caroline Avenue, Sacramento, CA, Commissioners’ opinions to the Ave., NW., Room S–2312, Washington, 95632 Secretary of Commerce on or before DC 20210, telephone (202) 693–5077, • Pannell Community Center, 2450 August 29, 2003.) fax (202) 693–5961, e-mail Meadowview Road, Sacramento, CA, 5. Inv. Nos. 303–TA–23, 731–TA– [email protected]. Please use only 95832 566–570, and 731–TA–641 (Final) one method of transmission for • Clarksburg Branch Library, 52915 (Reconsideration) (Second Remand) comments (mail, fax, or e-mail). Netherlands Road, P.O. Box 229, (Ferrosilicon from Brazil, China, SUPPLEMENTARY INFORMATION: I. Clarksburg, CA, 95612 Kazakhstan, Russia, Ukraine, and Background: The Department of Labor

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(DOL) has been continually surveying thoroughly examine previously The Youth Supplement (To Be hired farm workers since 1988 via the collected data and to evaluate the need Discontinued) National Agricultural Workers Survey for updating or modifying the (NAWS). The survey’s primary focus is supplement for future inclusion. This supplement contains additional labor and education components and is to describe the demographic and The purpose of this notice is to solicit employment characteristics of hired administered to NAWS respondents comments regarding the ongoing crop farm workers at the national level. ages 14 to 18. primary questionnaire and occupational To date, over 36,000 farm workers have The labor component solicits the been interviewed. injury supplement, and the discontinuance of the youth, parent and respondent’s age when he/she first went The NAWS provides an to an agricultural field in the U.S. (for understanding of the manpower occupational health supplements. The any reason), and the age when he/she resources available to U.S. agriculture, questionnaires are described below. first worked or assisted a relative in a and both public and private service The NAWS Primary Questionnaire field. The method of payment, if any, for programs use the data for planning, (ongoing) implementing, and evaluating farm the first working or helping experience worker programs. It is the only national The primary instrument is in the field is also recorded. This data source on the demographic and administered to crop agricultural supplement also asks the youth employment characteristics of hired workers 14 years and older. It contains respondent about any implements and crop farm workers. a household grid, where the education equipment used while doing farm work. The NAWS samples crop farm level and migration history of each The education component solicits workers in three cycles each year to member of the respondent’s household school and attendance information for capture the seasonality of agricultural is recorded, and an employment grid, the 12-month period preceding the date employment. Workers are located and where a full year of employment and of interview. For those youth who did sampled at their work sites. During the geographic movement of the respondent not attend any school in the previous 12 initial contact, arrangements are made months, the following information is to interview the respondent at home or is detailed. It also contains sections on obtained: the date of last attendance, at another convenient location. income, assets, legal status, use of type and location of school, reasons for Currently, approximately 4,000 public services, and experience working interviews are obtained each year. with and training on the safe use of no longer attending, and educational The NAWS presently includes a pesticides. aspirations in the U.S. primary questionnaire and four The employment grid includes the The Parent Supplement (To Be supplements (youth, parent, injury, and task and crop for agricultural jobs, type Discontinued) health). Beginning with the October and amount of non-agricultural work, 2003 interview cycle, the Department periods of unemployment and time Type of Review: Revision. proposes to discontinue the youth, spent outside the U.S., and the Agency: Office of the Secretary. parent and occupational health respondent’s location for every week of Title: National Agricultural Workers supplements. the year preceding the interview. For The youth and parent supplements Survey. the respondent’s current job, the NAWS were implemented in fiscal year 2000 as collects information on wages and OMB Number: 1225–0044. part of the Department’s Child Labor payment method (piece or hourly), Affected Public: Farm workers and Initiative. They were designed to collect farm employers. information on the demographic and health insurance, workers’ employment conditions of youth farm compensation and unemployment Total Respondents: 5,500 (4,000 farm workers and on the barriers to education insurance, housing arrangements, and workers will receive an interview and experienced by the children of farm other benefits and working conditions. 1,500 employers will be briefly workers. The demographic information interviewed to ascertain the location of Having collected four years of data collected include age, gender, place of the potential worker respondents). under this initiative, the Department birth, marital status, language ability, Time per Response: 20 minutes for will evaluate the effectiveness of these education and training, and family employers; 60 minutes for workers. instruments and methodology for history working in U.S. agriculture. obtaining information on youth crop Estimated Total Burden Hours: 4,536 workers. The Department therefore The Occupational Injury Supplement hours. proposes to discontinue the youth and (ongoing) Total Burden Cost (capital/startup): parent supplements at this time. $0. The occupational health supplement This CDC/NIOSH-sponsored Total Burden Cost (operating/ was designed to assess the health status supplement has been in place since maintaining): $0. of hired crop farm workers. Funded by fiscal year 1999. It is administered to all the Centers for Disease Control and NAWS respondents who had a Comments submitted in response to Prevention’s National Institute for qualifying occupational injury in U.S. this notice will be summarized and/or Occupational Safety and Health (CDC/ agriculture in the 12-month period included in the request for Office of NIOSH), the supplement was before the date of interview. For each Management and Budget approval of the implemented in fiscal year 1999 to qualifying injury, the respondent is information collection request; they will satisfy research priorities emanating asked how, when and where the injury also become a matter of public record. occurred, the body part(s) injured, from the Agricultural Occupational Dated: August 5, 2003. Safety and Health Initiative. CDC/ where medical treatment was received, NIOSH is proposing to exclude the how the treatment was paid for, and the Roland G. Droitsch, occupational health supplement in number of days the respondent couldn’t Deputy Assistant Secretary for Policy. fiscal year 2004. This would provide an work or worked at a reduced activity [FR Doc. 03–20243 Filed 8–7–03; 8:45 am] opportunity for NIOSH to more level. BILLING CODE 4510–23–P

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DEPARTMENT OF LABOR CFR parts 1 and 5. Accordingly, the Issued Under the Davis-Bacon and Related applicable decision, together with any Acts’’. This publication is available at each Employment Standards Administration modifications issued, must be made a of the 50 Regional Government Depository Libraries and many of the 1,400 Government part of every contract for performance of Depository Libraries across the country. Wage and Hour Division; Minimum the described work within the Wages for Federal and Federally General wage determinations issued under geographic area indicated as required by the Davis-Bacon and related Acts are Assisted Construction; General Wage an applicable Federal prevailing wage available electronically at no cost on the Determination Decisions law and 29 CFR part 5. The wage rates Government Printing Office site at General wage distribution decisions of and fringe benefits, notice of which is www.access.gpo.gov/davisbacon. They are also available electronically by subscription the Secretary of Labor are issued in published herein, and which are contained in the Government Printing to the Davis-Bacon Online Service (http:// accordance with applicable law and are davisbacon.fedworld.gov) of the National based on the information obtained by Office (GPO) document entitled Technical Information Service (NTIS) of the the Department of Labor from its study ‘‘General Wage Determinations Issued U.S. Department of Commerce at 1–800–363– of local wage conditions and data made Under the Davis-Bacon And Related 2068. This subscription offers value-added available from other sources. They Acts,’’ shall be the minimum paid by features such as electronic delivery of specify the basic hourly wage rates and contractors and subcontractors to modified wage decisions directly to the laborers and mechanics. user’s desktop, the ability to access prior fringe benefits which are determined to wage decisions issued during the year, be prevailing for the described classes of Any person, organization, or governmental agency having an interest extensive Help Desk Support, etc. laborers and mechanics employed on Hard-copy subscriptions may be purchased construction projects of a similar in the rates determined as prevailing is from: Superintendent of Documents, U.S. character and in the localities specified encouraged to submit wage rate and Government Printing Office, Washington, DC therein. fringe benefit information for 20402, (202) 512–1800. The determinations in these decisions consideration by the Department. When ordering hard-copy subscription(s), of prevailing rates and fringe benefits Further information and self- be sure to specify the State(s) of interest, since subscriptions may be ordered for any have been made in accordance with 29 explanatory forms for the purpose of submitting this data may be obtained by or all of the six separate Volumes, arranged CFR part 1, authority of the Secretary of by State. Subscriptions include an annual Labor pursuant to the provisions of the writing to the U.S. Department of Labor, Employment Standards Administration, edition (issued in January or February) which Davis-Bacon Act of March 3, 1931, as includes all current general wage amended (46 Stat. 1494, as amended, 40 Wage and Hour Division, Division of determinations for the States covered by each U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution volume. Throughout the remainder of the statutes referred to in 29 CFR part 1, Avenue, NW., Room S–3014, year, regular weekly updates will be Appendix, as well as such additional Washington, DC 20210. distributed to subscribers. statutes as may from time to time be Modification to General Wage Signed at Washington DC, this 30th day of enacted containing provisions for the Determination Decisions July, 2003. Carl Poleskey, payment of wages determined to be The number of the decisions listed to prevailing by the Secretary of Labor in the Government Printing Office Chief, Branch of Construction Wage Determinations. accordance with the Davis-Bacon Act. document entitled ‘‘General Wage The prevailing rates and fringe benefits Determinations Issued Under the Davis- [FR Doc. 03–19989 Filed 8–7–03; 8:45 am] determined in these decisions shall, in Bacon and related Acts’’ being modified BILLING CODE 4510–27–M accordance with the provisions of the are listed by Volume and State. Dates of foregoing statutes, constitute the publication in the Federal Register are DEPARTMENT OF LABOR minimum wages payable on Federal and in parentheses following the decisions federally assisted construction projects being modified. to laborers and mechanics of the Mine Safety and Health Administration specified classes engaged on contract Volume I Petitions for Modification work of the character and in the None localities described therein. The following parties have filed Good cause is hereby found for not Volume II petitions to modify the application of utilizing notice and public comment None existing safety standards under section procedure thereon prior to the issuance Volume III 101(c) of the Federal Mine Safety and of these determinations as prescribed in Health Act of 1977. None 5 U.S.C. 553 and not providing for delay 1. Canyon Fuel Company, LLC in the effective date as prescribed in that Volume IV section, because the necessity to issue None [Docket No. M–2003–052–C] current construction industry wage Canyon Fuel Company, LLC, HC 35 VOLUME V determinations frequently and in large Box 380, Helper, Utah 84526 has filed volume causes procedures to be NONE a petition to modify the application of impractical and contrary to the public VOLUME VI 30 CFR 75.350 (Air courses and belt interest. NONE haulage entries) to its Skyline Mine General wage determination (MSHA I.D. No. 42–01566) located in decisions, and modifications and VOLUME VII Carbon County, Utah. The petitioner supersedes decisions thereto, contain no NONE requests that its previously granted expiration dates and are effective from General Wage Determination Publication petition for modification, docket their date of notice in the Federal number M–2000–040–C, be amended to General wage determinations issued under Register, or on the date written notice the Davis-Bacon and related Acts, including revise paragraph V.(C) of the Proposed is received by the agency, whichever is those noted above, may be found in the Decision and Order to read as follows: earlier. These decisions are to be used Government Printing Office (GPO) document ‘‘In addition to requirements of V.(B), in accordance with the provisions of 29 entitled ‘‘General Wage Determinations diesel-powered equipment classified as

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‘heavy-duty’ under 30 CFR 75.1908(a), LEGAL SERVICES CORPORATION In 2001, LSC grantees handled more must include a means, maintained in than one million civil cases. The most operating condition, to prevent the Freedom of Information Act—General common types of cases handled by LSC- spray from ruptured diesel fuel, Notice of Organization, Function, funded programs involve family law, hydraulic oil, and lubricating oil lines Rules of Procedure, and Substantive housing, employment, government from being ignited by contact with Rules benefits, and consumer issues. LSC- funded programs do not handle criminal engine exhaust system component AGENCY: Legal Services Corporation. cases, nor do they accept fee-generating surfaces such as shielding, conduit, ACTION: General notice of the non-absorbent insulating materials, or cases that private attorneys are willing organization, function, rules of to accept on a contingency basis. LSC other similar means.’’ The petitioner procedure, and substantive rules of the asserts that this amendment to its recipients are also prohibited from Legal Services Corporation. claiming or collecting attorney’s fees previously granted petition will prevent and engaging in class actions, a diminution of safety caused by SUMMARY: This notice is being published by LSC in accordance with 5 U.S.C. rulemaking, lobbying, litigation on application of the existing standard and behalf of prisoners, representation in that this amendment will at all times 552(a)(1) and for the guidance and interest of the public. drug-related public housing evictions, provide at least the same measure of and representation of certain categories protection as the existing standard. FOR FURTHER INFORMATION CONTACT: Pat Batie, FOIA Officer, Office of Legal of aliens. 2. Jim Walter Resources, Inc. Affairs, Legal Services Corporation, II. Organization [Docket No. M–2003–053–C] 3333 K St., NW, 3rd Floor, Washington, LSC consists of five major DC 20007; (202) 295–1625 (phone); components: the Office of the President, Jim Walter Resources, Inc., P.O. Box (202) 337–6519 (fax); [email protected]. the Office of Compliance and 133, Brookwood, Alabama 35444 has SUPPLEMENTARY INFORMATION: In Administration, the Office of Legal filed a petition to modify the accordance with section (a)(1) of the Affairs, the Office of Programs, and the application of 30 CFR 75.507 (Power Freedom of Information Act (‘‘FOIA’’) 5 Office of Governmental Relations and connection points) to its No. 4 Mine U.S.C. 552, LSC publishes in the Public Affairs. In addition to these (MSHA I.D. No. 01–01247), No. 5 Mine Federal Register, for the guidance and primary offices there is the Office of (MSHA I.D. No. 01–01322), and No. 7 interest of the public, the following Inspector General. While the Office of Mine (MSHA I.D. No. 01–01401) all general information concerning LSC: Inspector General exists as part of LSC, located in Tuscaloosa County, Alabama. (a) A description of the organization the Office functions independently from The petitioner proposes to use deep of the Corporation and the established the rest of the LSC components, with well submersible pumps driven by places at which, the employees from the Inspector General appointed directly electric motors to remove water from whom, and the methods whereby, the by the LSC Board of Directors. The sealed areas in the underground mines. public may obtain information, make major functions and responsibilities of The petitioner asserts that the proposed submittals or requests, or obtain each of these components is described alternative method would provide at decisions; below. (b) Statements of the general course least the same measure of protection as Office of the President the existing standard. and method by which LSC’s functions are channeled and determined; The Office of the President is Request for Comments (c) Rules of procedure, descriptions of responsible for the implementation of forms available or the places where Board policy and oversight of the Persons interested in these petitions forms may be obtained, and instructions Corporation’s operations. are encouraged to submit comments via on the scope and contents of all papers, e-mail to [email protected], or on a reports, or examinations; and Office of Compliance and computer disk along with an original (d) Substantive rules of general Administration hard copy to the Office of Standards, applicability adopted as authorized by The Office of Compliance and Regulations, and Variances, Mine Safety law, and statements of general policy or Administration is comprised of the and Health Administration, 1100 interpretations of general applicability Office of Compliance and Enforcement, Wilson Boulevard, Room 2352, formulated and adopted by LSC. Office of Human Resources, Office of Financial and Administrative Services Arlington, Virginia 22209. All I. Description of LSC comments must be postmarked or and Office of Information Technology. received in that office on or before LSC is a private, non-profit The Office of Compliance and September 8, 2003. Copies of these corporation, headquartered in Enforcement (OCE) is responsible for petitions are available for inspection at Washington, DC and established by ensuring that LSC grantees are Congress in 1974 to assure equal access that address. complying with the laws, regulations, to justice under the law for all terms and conditions applicable to them Dated at Arlington, Virginia this 31st day Americans. LSC is headed by a as a condition of receipt of Federal of July 2003. bipartisan Board of Directors appointed funds. OCE conducts investigations and Marvin W. Nichols, Jr., by the President and confirmed by the audits of grantees, responds to inquiries Director, Office of Standards, Regulations, Senate. LSC does not provide legal and complaints relating to grantee and Variances. services directly to indigent clients; compliance with applicable law and [FR Doc. 03–20269 Filed 8–7–03; 8:45 am] rather it provides grants to independent regulations, processes requests for prior local programs chosen through a system BILLING CODE 4510–43–P approvals and Private Attorney of competition. Currently, LSC funds Involvement and fund balance waivers, 197 legal aid programs. Together these and approves subgrant agreements. programs serve every county and The Office of Human Resources congressional district in the nation, as (OHR) develops and administers human well as the U.S. territories. resources policies, procedures, and

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strategies; and to provide advisory Program improvement efforts include in its annual appropriations legislation. services on human resource issues to identification of areas of weakness and The current Appropriations Act for FY management and staff. follow-up for individual recipients, 2003 is located at Pub. L. 108–7, 117 The Office of Financial and identification and sharing of Stat. 11 (2003). In addition to the LSC Administrative Services is comprised of innovations and ‘‘best practices’’ among Act, regulations, and appropriations the Office of the Comptroller and the recipients and others in the legal legislation, other rules and instructions, Administrative Services Division. The services delivery system, as well as governing LSC and its recipients, may Office of Comptroller maintains the broader strategies for improvement of be found in the Corporation’s Program efficiency of the Corporation’s financial the delivery system. Letters, Audit Guide, Property Manual system and the integrity of its accounts, The Office of Information and formal legal opinions issued by the oversees procedures that generate all of Management (OIM) is responsible for the Corporation’s financial transactions, gathering and disseminating OLA. These documents are available to and provides accounting and financial information about LSC grantees and the the public either online or upon request. information to the LSC Board of delivery of legal services. This The LSC Act subjects the Corporation Directors, the President and Office responsibility includes the development to both the Government in the Sunshine Directors. In addition to cash of Internet-based applications for Act (5 U.S.C. 552b) and the Freedom of management, accounts payable, payroll, obtaining information about the delivery Information Act (5 U.S.C. 552). LSC’s grants administration and other routine of legal services by LSC grantees, the implementing regulations provide that financial transactions, the Office of identification and collection of meetings of the Board of Directors and Comptroller generates annual and information about the civil legal needs of committees of the Board will be open periodic financial reports and assists of eligible clients, and the sharing of to the public, except that certain with the accumulation of data for LSC’s that information with LSC staff, grantee meetings or portions thereof may be Budget Request to Congress. The staff, and other interested parties. closed to the public as provided by law Administrative Services Division (ASD) and regulation. See 45 CFR 1622.3 and provides day-to-day administrative Office of Government Relations and 1622.5. LSC’s FOIA regulations require support services to facilitate efficient Public Affairs operations of LSC. The Office of Governmental Relations that the Corporation make records The mission of the Office of and Public Affairs is responsible for concerning its operations, activities, and Information Technology (OIT) is to managing LSC’s communications and business available to the public to the develop, implement and maintain a requests for information from Congress, maximum extent reasonably possible. networked computer environment, the Executive Branch, the media, and 45 CFR 1602.3. Thus, LSC maintains a featuring a well defined integrated the general public. The office public reading room at its offices and information system for LSC. coordinates the production of LSC’s any person has the right to request LSC Fact Book and Annual Report. records in writing. The Corporation Office of Legal Affairs must release requested records to the Office of the Inspector General The Office of Legal Affairs (OLA) requester unless they are protected from serves as in-house counsel and chief The Office of the Inspector General disclosure by the Freedom of legal advisor to the Corporation and (OIG) has two principal missions: to Information Act (FOIA). Requests for performs the duties of Secretary of the assist management in identifying ways records must be made in writing, with Corporation. The General Counsel to promote efficiency and effectiveness the envelope and the letter or the e-mail carries out traditional ‘‘lawyer’’ in the activities and operations of LSC request clearly marked ‘‘Freedom of functions, including negotiating, and its grantees; and to prevent and Information Request.’’ All such requests drafting and reviewing legal instruments detect fraud and abuse. The OIG’s should be addressed to LSC’s Office of such as contracts, settlement primary tool for achieving these Legal Affairs, 3333 K St., NW., 3rd agreements, releases, applications for missions is fact-finding through funding, and grant documents, as well financial, performance and other types Floor, Washington, DC 20007. In as representing LSC’s interests in of audits and reviews, as well as addition, LSC maintains a ‘‘FOIA litigation, directly or through retention investigations into allegations of electronic reading room.’’ For further and oversight of outside counsel. OLA wrongdoing. Its fact-finding activities information on this electronic reading provides legal advice to the enable the OIG to develop room, please visit LSC online at Corporation’s Board of Directors and recommendations to LSC and grantee http://www.lsc.gov. President, as well as to the various management for actions or changes that Other information regarding LSC’s offices in the Corporation. Furthermore, will correct problems, better safeguard staff, location, functions, rules of the General Counsel is responsible for the integrity of funds, improve procedure, substantive rules, statements interpreting statutory requirements and procedures or otherwise increase of general policy or how the public may drafting implementing regulations for efficiency or effectiveness. obtain information, make submissions consideration by the Board. III. Availability of Information or requests will also be found on the LSC Web site, as will links to legal Office of Programs As an independent Corporation The Office of Programs is comprised created by public law, LSC is governed services providers across the country. In of the Office of Program Performance by statute. The LSC Act and regulations addition, information about the OIG can and the Office of Information provide guidance on the operation and be found at http://www.oig.lsc.gov. Management. The Office of Program responsibilities of LSC and its grantees. Victor M. Fortuno, Performance (OPP) is charged with the The Act can be found at 42 U.S.C. 2996 General Counsel and Vice President for Legal design and administration of the et seq. and the regulations at 45 CFR Affairs. competitive grants process, the part 1600 et seq. Furthermore, both the [FR Doc. 03–20222 Filed 8–7–03; 8:45 am] encouragement of competition, and the Act and regulations are posted at LSC’s development and implementation of Web site, which is given below. LSC is BILLING CODE 7050–01–P strategies to improve program quality. further subject to restrictions contained

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NATIONAL CRIME PREVENTION AND Applications may be mailed to the • S&E Indicators 2004 Overview PRIVACY COMPACT COUNCIL FBI Criminal Justice Information Chapter. Services Division, Attn: FBI Compact • Distribution of the Orange Book for National Crime Prevention and Privacy Officer, 1000 Custer Hollow Road, Agency Review. Compact; Approval of Amended Clarksburg, WV 26306. • S&E Indicators 2004 Companion Florida Proposal Dated: July 15, 2003. Piece. Executive Committee (12 Noon–12:20 AGENCY: National Crime Prevention and Wilbur Rehmann, p.m.) Room 1295. Privacy Compact Council. Chairman, Compact Council. • Minutes. ACTION: Notice of approval of amended [FR Doc. 03–20218 Filed 8–7–03; 8:45 am] • Welcome New Executive Officer. Florida proposal. BILLING CODE 4410–02–P Committee on Audit and Oversight (1:15 p.m.–3 p.m.) Room 1295. SUMMARY: Pursuant to title 42, United • Minutes. States Code, section 14616, Article NATIONAL SCIENCE FOUNDATION • Audit Update—KPMG. VI(e), and title 28, Code of Federal • IG Act Anniversary. Regulations (CFR), chapter IX, the Sunshine Act Meetings; Notice • GAO Review of NSF Business Compact Council, established by the Analysis Plan Contract. National Crime Prevention and Privacy AGENCY HOLDING MEETING: National • Cost-Sharing Policy Update. Compact, approved Florida’s amended Science Foundation, National Science • CFO Update. proposal to access the Interstate Board, and its Subdivisions. • CIO Update. Identification Index (III) system on a DATE AND TIME: Ad Hoc Task Group on Long-Lived delayed fingerprint submission basis Data Collections (1 p.m.–3 p.m.) Room August 13, 2003: 8:30 a.m.–5 p.m. when conducting criminal history 1240. record checks in connection with the Concurrent Sessions: • Introduction of Contract Support. temporary placement of children during 8:30 a.m.–9:30 a.m. Open Session. • Presentations on Research exigent circumstances. The previously 9:30 a.m.–11:30 a.m. Open Session. Databases (BIO, GEO, MPS). approved Florida proposal, published in 12 Noon–12:20 p.m. Open Session. • Discussion: October Workshop. Federal Register (FR) Notices at 66 FR 12:20 p.m.–1 p.m. Closed Session. Committee on Strategy and Budget 28004, dated May 21, 2001, provided for 1 p.m.–3 p.m. Open Session. (2:40 p.m.–5 p.m.) Room 1235. fingerprint submissions to the FBI 1 p.m.–1:15 p.m. Closed Session. • Draft Strategic Plan. within five working days of conducting 1:15 p.m.–3 p.m. Open Session. • Discussion: Report Required by III name-based checks. The approved 2 p.m.–2:40 p.m. Closed Session. Section 22 of the NSF Authorization amended proposal expands the ‘‘five 2:40 p.m.–5 p.m. Open Session. Act. working days’’ time frame to ‘‘15 • August 14, 2003: 8 a.m.–3:30 p.m. Introduction. calendar days.’’ • S&E Workforce. In approving Florida’s amended Concurrent Sessions: • Expanding Institutional proposal, the Compact Council also 8 a.m.–9:15 a.m. Closed Session. Participation. considered information presented by 9:15 a.m.–10:30 a.m. Open Session. • S&E Research Infrastructure. States that were considering 8:30 a.m.–10:30a.m. Open Session. • Size and Duration of Grants. implementation of the previously 10:30 a.m.–12 Noon Closed Session. • Overall Spending approved proposal but were 12:30 p.m.–3:30 p.m. Open Session. Recommendations. experiencing an inability to obtain and PLACE: The National Science Closed submit fingerprints within the then Foundation, 4201 Wilson Boulevard, ‘‘five working days’’ time frame. Arlington, VA 22230, http:// Executive Committee (12:20 p.m.–1 Justifications for expanding the time www.nsf.gov/nsb. p.m.) Room 1295. • Director’s Items. frame included: Social service agencies’ FOR FURTHER INFORMATION CONTACT: NSF • Specific Personnel Matters. lack of automated systems to capture Information Center (703) 292–5111. and forward fingerprints; remote • Future Budgets. STATUS: Part of this meeting will be geographic hindrances; and existing Audit & Oversight (1 p.m.–1:15 p.m.) closed to the public. Part of this meeting service contracts containing longer time Room 1295. will be open to the public. • frames for the capture of noncriminal Presentation of OIG FY 2005 justice fingerprints. MATTERS TO BE CONSIDERED: Budget. • Those State and federal agencies Wednesday, August 13, 2003 Briefing About Active Investigation. previously authorized access to the III Committee on Strategy & Budget (2 pursuant to 28 CFR 901.3, wishing to Open p.m.–2:40 p.m.) Room 1235. • take advantage of the extended time FY 2005 NSF Budget. Task Force on S&E Workforce Policy • frame, must submit new written (8:30 a.m.–9:30 a.m.) Room 1235. FY 2005 NSB Budget. applications to the FBI’s Compact • Approval of Minutes, May 21 and Thursday, August 14, 2003 Officer. Other State and federal agencies July 10. may request similar III access by • Discussion of comments from Board Open submitting written applications to the members on the revised draft report Committee on Programs and Plans FBI’s Compact Officer, agreeing to (NSB–03–69). (9:15 a.m.–10:30 a.m.) Room 1235. comply with requirements listed at 28 • Report on Comments Received. • Minutes/Announcements. CFR 901.3. Such applications must • Publicity Plan and Schedule for the • Section 14 Authorization—Letter to explain why the submission of Final Report; Roll-out Event Options. Congress Regarding Delegation of fingerprints contemporaneously with • Cover and Title. Authority on Approval of MREFC Items. search requests is not feasible and also Subcommittee on S&E Indicators (9:30 • High Risk Research. justify the length of the requested delay a.m.–11:30 a.m.) Room 1295. • Management of Large in the submission of such fingerprints. • Approval of Minutes. Computational Facilities.

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• Long-Lived Data Collections: Status NUCLEAR REGULATORY upon application by any interested Report. COMMISSION person or upon its own initiative, grant • exemptions from the requirements of 10 Infrastructure Committee. [Docket No. 50–413 and 50–414] CFR part 50, when (1) the exemptions Committee on Education and Human Duke Energy Corporation, North are authorized by law, will not present Resources (8:30 a.m.–10:30 a.m.) Room an undue risk to public health or safety, 1295 Carolina Electric Membership Corporation, Saluda River Electric and are consistent with the common Minutes Cooperative, Inc., Catawba Nuclear defense and security; and (2) when • Minutes. Station, Units 1 and 2; Exemption special circumstances are present. Under section 50.12(a)(2), special • Comments from the Chair. 1.0 Background circumstances include, among other • Discussion: NWP Task Force Duke Energy Corporation et al., (the things, when the application of the Report. licensee) is the holder of Facility regulation would not serve, or is not • Reports from Working Groups (K– Operating License Nos. NPF–35 and necessary to achieve, the underlying 12, Undergraduate & Graduate). NPF–52, which authorize operation of purpose of the rule. The underlying purpose of 10 CFR • the Catawba Nuclear Station, Units 1 Report from Subcommittee on S&E 50.44, 10 CFR 50.46, and appendix K to Indicators. and 2. The licenses provide, among other things, that the facility is subject 10 CFR part 50, is to establish • Focus on the Future: BIO 2010 to all rules, regulations, and orders of requirements for the calculation of (continued). the U.S. Nuclear Regulatory ECCS performance, and acceptance • Report from the August 12th Commission (NRC, the Commission) criteria for that performance, in order to Workshop on Broadening Participation. now or hereafter in effect. assure that the ECCS functions to transfer heat from the reactor core • Report from the EHR AD. The facility consists of two pressurized water reactors located in following a loss-of-coolant-accident, • New Business. York County, South Carolina. such that (1) fuel and clad damage that could interfere with continued effective Plenary Session of the Board (12:30 2.0 Request/Action core cooling is prevented, and (2) clad Noon–3:30 p.m.) Title 10 of the Code of Federal metal-water reaction is limited to Room 1235 Regulations (10 CFR) part 50, section specified amounts. The mechanical properties of the low- • 50.46 and appendix K identify Oath of Office. requirements for calculating emergency tin ZIRLO in the LTAs are very similar • Minutes. core cooling system (ECCS) performance to those of the approved ZIRLO, since • Closed Items, October 2003. for reactors containing fuel with both of these alloys are zirconium-based Zircaloy or ZIRLO cladding, and 10 CFR materials with slight variations in tin • Chairman’s Report. 50.44 identifies requirements for the content. The licensee will perform an • Director’s Report. control of hydrogen gas generated in evaluation of the fuel rod design using • NSF Strategic Plan, 2003–2008. part from a metal-water reaction the same methods used for the current robust fuel assembly design. No new or • NWP Report. between the reactor coolant and reactor fuel having Zircaloy or ZIRLO cladding. altered design limits need to be applied, • Multidisciplinary Data Initiative. The licensee has requested, in its nor are any required for this program for • Wireless Connectivity Update. letter dated December 3, 2002, as the purposes of 10 CFR part 50, appendix A, ‘‘General Design Criteria • Committee Reports. supplemented by letter dated April 8, 2003, a temporary exemption to 10 CFR for Nuclear Power Plants,’’ Criterion 10, Closed 50.44, ‘‘Standards for combustible gas ‘‘Reactor Design’’ (GDC 10). The control system in light-water-cooled licensee has evaluated the three areas of Committee on Programs and Plans (8 power reactors,’’ 10 CFR 50.46, the mechanical design that could a.m.–9:15 a.m.) ‘‘Acceptance criteria for emergency core potentially be impacted by low-tin Room 1235 cooling systems for light-water nuclear ZIRLO, namely, material properties, power reactors,’’ and appendix K to 10 corrosion and thermal creep. The staff • Major Research Equipment & CFR part 50, ‘‘ECCS Evaluation evaluated the data provided to Facilities Construction. Models,’’ that would allow the Catawba substantiate that the material properties • Report on Meeting of the MREFC Nuclear Station, Units 1 and 2 to are similar to Zircaloy and that the Panel. operate using eight lead test assemblies corrosion and thermal creep will remain within established acceptance criteria. • New MREFC Projects. (LTAs) with a tin composition that is nominally below the lower bound The NRC staff concludes that the data Plenary Session of the Board (10:30 licensed limit of 0.80 percent, as show that the selected LTA mechanical a.m.–12 Noon) specified in WCAP–12610–P–A, design will satisfy established ‘‘VANTAGE+ Fuel Assembly Reference acceptance criteria and should perform Room 1235 Core Report,’’ in non-limiting core safely in the Catawba Nuclear Station. • Closed Minutes. locations. The purpose of the LTAs is to The licensee has performed evaluations of the impact of the LTAs • Member Proposal. obtain data that would allow the optimization of ZIRLO corrosion on the nuclear design. The approved • FY 2005 Budget. resistance, in order to support improved reload methodologies can be used to • Closed Session Committee Reports. fuel performance and reliability at model the LTAs since the features of the increased burnup levels. LTAs do not challenge the validity of Michael P. Crosby, the standard methodologies. The Executive Officer, NSB. 3.0 Discussion licensee has limited the number of LTAs [FR Doc. 03–20353 Filed 8–6–03; 8:45 am] Pursuant to 10 CFR 50.12, ‘‘Specific to eight, and all of the LTAs will be BILLING CODE 7555–01–M exemptions,’’ the Commission may, placed in non-limiting locations in the

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core. The licensee will use the approved reduction in tin content will have no RAILROAD RETIREMENT BOARD reload methodologies for the Catawba significant effect on current assessments Nuclear Station reload design of hydrogen gas production. As such, Agency Forms Submitted for OMB containing the LTAs. Given the limited the licensee has met the underlying Review number of LTAs to be installed and the purpose of 10 CFR 50.44. SUMMARY: In accordance with the installation in non-limiting locations, The NRC staff examined the licensee’s Paperwork Reduction Act of 1995 (44 the NRC staff concludes that the LTA U.S.C. Chapter 35), the Railroad core design is acceptable for use in the rationale to support the exemption request and, for the reasons set forth Retirement Board (RRB) has submitted Catawba Nuclear Station. the following proposal(s) for the 10 CFR 50.46 identifies acceptance above, concludes that allowing these collection of information to the Office of criteria for ECCS performance at nuclear eight LTAs with a nominally lower tin Management and Budget for review and power plants. The material properties of composition would meet the underlying approval. the low-tin ZIRLO are similar to those purpose of 10 CFR 50.44, 10 CFR 50.46, of the current ZIRLO cladding. Because and appendix K to 10 CFR part 50. Summary of Proposal(s): the current analyses are done with Further, the NRC staff has determined (1) Collection title: Employer material properties that approximate the that the reduction in tin content will Reporting. low-tin ZIRLO properties, the current have no significant effect on current (2) Form(s) submitted: AA–12, G– ECCS analysis remains applicable and assessments of a metal-water reaction, 88A.1, G–88A.2, BA–6a, BA–6a unchanged for the LTAs. Therefore, the and that the mechanical design of the (Internet). NRC staff concludes that the ECCS LTAs would perform satisfactorily. (3) OMB Number: 3220–0005. performance of the Catawba Nuclear Therefore, ECCS performance will not (4) Expiration date of current OMB Station will not be adversely affected by be adversely affected and application of clearance: 8/31/2004. the insertion of eight low-tin ZIRLO 10 CFR 50.44, 10 CFR 50.46 and 10 CFR (5) Type of request: Revision of a LTAs. As such, the licensee has part 50, appendix K, is not necessary to currently approved collection. achieved the underlying purpose of 10 (6) Respondents: Business or other achieve their underlying purpose. CFR 50.46. The staff has also concluded for-profit, Individuals or Households. that should these LTAs fail, the Based upon the considerations above, (7) Estimated annual number of consequences will be bounded by the the NRC staff concludes that, pursuant respondents: 495. current analyses for fuel failures and to 10 CFR 50.12(a)(2), the granting of (8) Total annual responses: 3,418. radiological assessments because the this exemption is acceptable. (9) Total annual reporting hours: 570. source term will not be affected by a (10) Collection description: Under the different cladding material. 4.0 Conclusion Railroad Retirement Act and the Railroad Unemployment Insurance Act, Paragraph I.A.5 of appendix K to 10 For the reasons set forth above, the CFR part 50 states that the rates of railroad employers are required to Commission has determined that, energy, hydrogen concentration, and report service and compensation for pursuant to 10 CFR 50.12(a), the cladding oxidation from the metal-water employees needed to determine reaction shall be calculated using the exemption is authorized by law, will not eligibility to and the amounts of benefits Baker-Just equation. Since the Baker- present an undue risk to the public paid. Just equation presumes the use of health and safety, and is consistent with Additional Information or Comments: Zircaloy clad fuel, strict application of the common defense and security. Also, Copies of the forms and supporting the rule would not permit use of the special circumstances are present. documents can be obtained from Chuck equation for determining acceptable fuel Therefore, the Commission hereby Mierzwa, the agency clearance officer performance of advanced zirconium- grants Duke Energy Corporation an (312–751–3363). based alloys. The underlying intent of exemption from the requirements of 10 Comments regarding the information this portion of the appendix, however, CFR part 50, section 50.44, section collection should be addressed to is to ensure that analysis of fuel 50.46, and appendix K to 10 CFR part Ronald J. Hodapp, Railroad Retirement response to LOCAs is conservatively 50, with respect to the use of low-tin Board, 844 North Rush Street, Chicago, calculated. Due to the similarities in the ZIRLO LTAs at the Catawba Nuclear Illinois, 60611–2092 and to the OMB Desk Officer for the RRB, at the Office chemical composition between the low- Station. tin ZIRLO and ZIRLO, the application of of Management and Budget, Room Pursuant to 10 CFR 51.32, the the Baker-Just equation in the analysis 10230, New Executive Office Building, of low-tin ZIRLO clad fuel will Commission has determined that the Washington, DC 20503. conservatively bound all post-LOCA granting of this exemption will not have a significant effect on the quality of the Chuck Mierzwa, scenarios. Thus, the underlying purpose Clearance Officer. of the rule will be met. Therefore, human environment (68 FR 42136). [FR Doc. 03–20219 Filed 8–7–03; 8:45 am] special circumstances exist to grant an This exemption is effective upon BILLING CODE 7905–01–M exemption from appendix K to 10 CFR issuance. part 50 that would allow the licensee to Dated at Rockville, Maryland, this 4th day apply the Baker-Just equation to low-tin of August 2003. ZIRLO. SECURITIES AND EXCHANGE The purpose of 10 CFR 50.44 is to For The Nuclear Regulatory Commission. COMMISSION Herbert N. Berkow, ensure that means are provided for the Sunshine Act Meetings control of hydrogen gas that may be Acting Director, Division of Licensing Project generated following a LOCA. The Management, Office of Nuclear Reactor Notice is hereby given, pursuant to hydrogen produced in a post-LOCA Regulation. the provisions of the Government in the scenario comes from a metal-water [FR Doc. 03–20240 Filed 8–7–03; 8:45 am] Sunshine Act, Pub. L. 94–409, that the reaction. Tests performed by BILLING CODE 7590–01–P Securities and Exchange Commission Westinghouse on the low-tin ZIRLO will hold the following meetings during alloy have demonstrated that the the week of August 11, 2003:

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Closed Meetings will be held on Tuesday, below. The application(s) and/or under section 12(e) of the Act to solicit August 12, 2003 at 10 a.m. and Thursday, declaration(s) and any amendment(s) is/ consents and approvals from the holders August 14, 2003 at 9 a.m. are available for public inspection of the securities of the Debtors, along Commissioners, Counsel to the through the Commission’s Branch of with other ancillary and related Commissioners, the Secretary to the Public Reference. authorizations as are necessary to Commission, and recording secretaries Interested persons wishing to implement the Plan. will attend the Closed Meetings. Certain comment or request a hearing on the Applicants propose that the staff members who have an interest in application(s) and/or declaration(s) Commission issue: (1) An order under the matters may also be present. should submit their views in writing by section 11(f) of the Act approving the The General Counsel of the August 29, 2003, to the Secretary, Plan and certain related transactions Commission, or his designee, has Securities and Exchange Commission, under the Plan; 3 and (2) a report on the certified that, in his opinion, one or Washington, DC 20549–0609, and serve Plan under section 11(g) to accompany more of the exemptions set forth in 5 a copy on the relevant applicant(s) and/ a solicitation of creditors and any other U.S.C. 552b(c)(3), (5), (6), (7), (9)(B) and or declarant(s) at the address(es) interest holders for approval of the Plan 4 (10) and 17 CFR 200.402(a)(3), (5), (6), specified below. Proof of service (by in the bankruptcy proceedings. (7), (9)(ii) and (10), permit consideration affidavit or, in the case of an attorney at I. Background of the scheduled matters at the Closed law, by certificate) should be filed with Xcel is a registered holding company Meetings. the request. Any request for hearing that holds the securities of six public The subject matter of the Closed should identify specifically the issues of utility companies that serve electric Meeting scheduled for Tuesday, August facts or law that are disputed. A person and/or natural gas customers in twelve 12, 2003 will be: who so requests will be notified of any 5 hearing, if ordered, and will receive a states. These six utility subsidiaries Institution and settlement of administrative copy of any notice or order issued in the (collectively, the ‘‘Utility Subsidiaries’’) proceedings of an enforcement nature; are Northern States Power Company, a Institution and settlement of injunctive matter. After August 29, 2003 the application(s) and/or declaration(s), as Minnesota corporation (‘‘NSP–M’’); actions; Northern States Power Company, a Formal orders of investigation; and filed or as amended, may be granted Wisconsin corporation; Public Service Opinions. and/or permitted to become effective. Company of Colorado; Southwestern The subject matter of the Closed Xcel Energy, Inc., et al. (70–10152) Public Service Company; Black Meeting scheduled for Thursday, Xcel Energy, Inc. (‘‘Xcel’’), 800 Mountain Gas Company; and Cheyenne August 14, 2003 will be: Nicollet Mall, Minneapolis, Minnesota Light, Fuel and Power Company. As Institution and settlement of administrative 55402, a holding company registered previously announced publicly, Xcel proceedings of an enforcement nature; under the Act, and its wholly owned has entered into a contract to sell Black Institution and settlement of injunctive subsidiaries, NRG Energy, Inc. (‘‘NRG’’) Mountain Gas Company. actions; and Xcel also engages through subsidiaries Formal orders of investigation. and NRG Power Marketing, Inc. (‘‘NRG PMI’’), both of 901 Marquette Avenue, in various other energy-related and At times, changes in Commission Suite 2300, Minneapolis, Minnesota nonutility businesses (collectively, priorities require alterations in the 55402–3265 (collectively, Xcel, NRG ‘‘Nonutility Subsidiaries’’). The scheduling of meeting items. and NRG PMI are referred to as Nonutility Subsidiaries that are directly For further information and to or indirectly owned by Xcel include: ‘‘Applicants’’ and NRG and NRG PMI 6 ascertain what, if any, matters have been are referred to as ‘‘NRG Applicants’’) file NRG; Seren Innovations, Inc., a added, deleted, or postponed, please this application-declaration contact the Office of the Secretary at 3 Section 11(f) of the Act provides, in relevant (‘‘Application’’) under sections 6(a), 7, part, that ‘‘a reorganization plan for a registered (202) 942–7070. 11(f), 11(g), 12(a), 12(b), 12(e), 12(f), and holding company or any subsidiary company Dated: August 5, 2003. rules 44, 45, 54, 60, 62, 63, and 64 of thereof shall not become effective unless such plan the Act. shall have been approved by the Commission after Margaret H. McFarland, opportunity for hearing prior to its submission to Deputy Secretary. Applicants seek authorization from the court.’’ the Commission for the solicitation 4 [FR Doc. 03–20340 Filed 8–5–03; 4:25 pm] Section 11(g) of the Act provides, in relevant regarding the debtor’s second amended part, that any solicitation for consents to or BILLING CODE 8010–01–P joint plan of reorganization (‘‘Plan’’) authorization of any reorganization plan of a under chapter 11 of the United States registered holding company or any subsidiary company thereof shall be ‘‘accompanied or 1 SECURITIES AND EXCHANGE Bankruptcy Code (‘‘Bankruptcy Code’’). preceded by a copy of a report on the plan which COMMISSION Specifically, Applicants request shall be made by the Commission after an authorization for the solicitation opportunity for a hearing on the plan and other [Release No. 35–27707] regarding the Plan 2 under sections 11(f) plans submitted to it, or by an abstract of such report made or approved by the Commission.’’ and 11(g) of the Act, and authorization Filings Under the Public Utility Holding 5 The Utility Subsidiaries’ service territories include portions of Arizona, Colorado, Kansas, Company Act of 1935, as Amended 1 The Application includes the Plan and the third Michigan, Minnesota, New Mexico, North Dakota, (‘‘Act’’) amended disclosure statement for debtors’ second Oklahoma, South Dakota, Texas, Wisconsin, and amended joint plan of reorganization pursuant to Wyoming. August 4, 2003. chapter 11 of the Bankruptcy Code (‘‘Disclosure 6 In August 2000, Northern States Power Notice is hereby given that the Statement’’). Company merged with New Century Energies, Inc. 2 On May 14, 2003 (‘‘Petition Date’’), NRG and to form Xcel. In March 2001, NRG completed a following filing(s) has/have been made certain of NRG’s subsidiaries filed voluntary public offering of 18.4 million shares of its common with the Commission under provisions petitions for bankruptcy (‘‘Bankruptcy Petition’’) stock. Following this offering, Xcel owned, of the Act and rules promulgated under under Chapter 11 of the Bankruptcy Code in the indirectly through its subsidiary Xcel Energy the Act. All interested persons are United States Bankruptcy Court for the Southern Wholesale Group Inc. (‘‘Xcel Wholesale’’), a 74% District of New York (‘‘Bankruptcy Court’’). NRG interest in NRG’s common stock and class A referred to the application(s) and/or Applicants and certain of NRG’s other subsidiaries common stock, representing 96.7% of the total declaration(s) for complete statements of which are debtors in such bankruptcy proceedings voting power of NRG’s common stock and class A the proposed transaction(s) summarized (‘‘Debtors’’). common stock. On June 31, 2002, Xcel, through

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provider of cable, telephone and high- ownership of Xcel in NRG and its element of NRG’s operations. NRG’s speed internet access systems and an subsidiaries. NRG believes that objective will be to optimize the fuel exempt telecommunications company consummation of the Plan will best input and the energy output of its under section 34 of the Act; e prime, facilitate its business and financial facilities within an appropriate risk and inc., a marketer of electricity and restructuring and is in its best interests liquidity profile. Despite NRG’s focus on natural gas; and Eloigne Company, an and in the best interests of its creditors domestic electric generation, NRG will investor in projects that qualify for low- and other parties in interest. continue to hold international assets income housing tax credits. Applicants state that the purpose of until it can optimize the divestiture of NRG is an energy company primarily the Plan is to provide NRG with a such assets. engaged in the ownership and operation capital structure that can be supported of power generation facilities and the by cash flows from operations. To this B. Settlement Agreement sale of energy, capacity and related end, NRG will reduce its debt and Applicants state that in connection products in the United States and reduce its annual interest payments. with the implementation of the Plan, internationally. NRG PMI is the energy Applicants state that the Debtors believe Xcel will enter into a settlement marketing subsidiary of NRG. NRG PMI that the reorganization contemplated by agreement (‘‘Settlement Agreement’’) provides a full range of energy the Plan affords holders of claims the with NRG. The Settlement Agreement management services for NRG’s greatest opportunity for realization on constitutes the definitive documentation generation facilities in its Eastern and the Debtors’ assets and thus is in the in respect of the settlement terms agreed Central regions. The Bankruptcy best interests of such holders. If the Plan to in the Plan Support Agreement. Petition included the Plan, which is not confirmed, the Debtors believe Under the Settlement Agreement and incorporates the terms of the tentative that they will be forced to either file an the Plan, Xcel will pay up to $752 settlement announced on March 26, alternate plan of reorganization or million to NRG and its creditors to settle 2003 among NRG, Xcel and members of liquidation under chapter 11 or all claims of NRG against Xcel, NRG’s major creditor constituencies that liquidate under chapter 7 of the including all claims under the Plan provides for payments by Xcel to NRG Bankruptcy Code. In either event, the Support Agreement, and in return for and its creditors of up to $752 million. Debtors believe that NRG’s unsecured releases of claims against Xcel from A plan support agreement (‘‘Plan creditors (including the holders of NRG, the other debtors in the Support Agreement’’) reflecting the public debt) would realize a less Proceedings and NRG’s creditors. The settlement has been signed by Xcel, favorable distribution of value, or, in terms of the Settlement Agreement NRG, holders of approximately 40 certain cases, none at all, for their between NRG and Xcel require that the percent in principal amount of NRG’s claims. In addition, any alternative order of the Bankruptcy Court long-term notes and bonds, along with other than confirmation of the Plan confirming the Plan provide that the two NRG banks who serve as co-chairs could result in extensive delays and right of any holder of an equity unit to of the global steering committee increased administrative expenses acquire shares of Xcel common stock (‘‘Global Steering Committee’’) for the resulting in smaller distributions to the terminate as of the Petition Date. NRG bank lenders. The Plan Support holders of claims. Applicants state that, in general Agreement will become fully effective Applicants state that upon terms, the Settlement Agreement upon execution by holders of implementation of the Plan, the provides for the following: (i) Payment approximately an additional ten percent ownership interests, direct and indirect, by Xcel of $250 million in exchange for in principal amount of NRG’s long-term of Xcel in NRG and its subsidiaries will the release of claims and causes of notes and bonds and by a majority of terminate. In addition, Xcel and its action which NRG may have in respect NRG bank lenders representing at least subsidiaries (other than NRG and its of the Plan Support Agreement; and (ii) two-thirds in principal amount of NRG’s subsidiaries) (‘‘Xcel Entities’’) will have payment by Xcel of up to $390 million bank debt. limited obligations going forward with (‘‘Release-Based Amount’’) in exchange respect to the Debtors. Xcel believes that for releases of Xcel and certain II. The Plan of Reorganization Xcel’s disaffiliation with the Debtors is injunctions for the benefit of Xcel. In A. Overview of the Plan beneficial to Xcel and its investors. addition, under a Separate Bank Release According to Applicants, NRG is Applicants request authorization for Agreement between Xcel and the restructuring its operations to become a lenders under the NRG Credit Facilities, solicitation regarding the Plan under domestic based owner-operator of a sections 11(f) and 11(g) of the Act, and Xcel would agree to pay $112 million fuel-diverse portfolio of electric (‘‘Separate Bank Settlement Payment’’) authorization under section 12(e) to generation facilities engaged in the sale solicit consents and approvals from the for the benefit of the lenders under the of energy, capacity and related products. NRG Credit Facilities in exchange for holders of the securities of NRG, along NRG is working toward this goal by with other ancillary and related such lenders’ release of claims against selective divestiture of non-core assets, Xcel. authorizations to implement the Plan. consolidation of management, The Plan submitted to the Bankruptcy reorganization and redirection of power C. Treatment of Creditors Under the Court by the Debtors is structured to: (i) marketing philosophy and activities and Plan Permit the Debtors to reorganize and an overall financial restructuring that According to Applicants, the Plan emerge from bankruptcy; (ii) maximize will improve liquidity and reduce debt. generally classifies the creditors of, and the recovery of the Debtors’ creditors on NRG does not anticipate any new other investors in, the NRG Applicants their capital investment; (iii) fix the significant acquisitions or construction, into several classes. In general terms, exposure and/or commitment of Xcel to and instead will focus on operational the Plan provides for the treatment of the Debtors and their creditors; and (iv) performance and asset management. the creditors of the NRG Applicants, as eliminate the direct and indirect equity NRG has already made significant follows: reductions in expenditures, business (i) Holders of priority claims will Xcel Wholesale, purchased through an exchange offer the 26 percent of NRG common stock held by development activities and personnel. receive payment in full; the public so that it again held 100 percent Power sales, fuel procurement and risk (ii) Holders of unsecured claims ownership of NRG on December 31, 2002. management will remain a key strategic against any NRG Applicant, which are

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equal to or less than $50,000 or is (‘‘Xcel Note’’). The estimated recovery Upon receipt of requisite approvals of reduced to $50,000 at the election of the on account of such claims is the Disclosure Statement, the Debtors holder of such claim, will receive cash approximately 31%. will solicit votes on the Plan. According in the amount of such claim; According to Applicants, any to Applicants, the solicitation process is (iii) Holders of secured claims against intercompany claims of Xcel against expected to take approximately 45 days. the NRG Applicants will receive either NRG or any of its subsidiaries arising After the votes are cast, a confirmation the collateral securing such claim or from the provision of intercompany hearing will be scheduled and notice of cash in an amount equal to the net goods or services after January 31, 2003, the hearing will be provided to creditors proceeds realized upon the sale of such will be paid in full in cash in the and parties-in-interest. Creditors and collateral, or as may otherwise be agreed ordinary course. Payments on parties-in-interest will have an upon by the Debtors and the claimant; Guarantees and indemnities made by opportunity to object to the (iv) Each holder of NRG’s unsecured Xcel after January 31, 2003, will be confirmation of the Plan at the debt and claims will receive its pro rata reimbursed in full by NRG on the confirmation hearing. At the share of senior notes of Reorganized effective date of the Plan (‘‘Effective confirmation hearing, the Bankruptcy NRG,7 common stock of Reorganized Date’’). The ownership interests, direct Court must determine whether the NRG, (‘‘New NRG Common Stock’’) and, and indirect, of Xcel in NRG and its confirmation of the Plan meets the if such holder makes the election on its subsidiaries will terminate. According requirements of section 1129 of the ballot to release Xcel from claims or to Applicants, the new stock and other Bankruptcy Code. If the Bankruptcy such holder is bound by a final order of securities to be issued by the NRG Court determines that the Plan meets the Bankruptcy Court to releases of Applicants under the Plan are as the requirements of section 1129, the claims against Xcel as provided in the follows: Bankruptcy Court should confirm the Plan, equal to its pro rata share of the (i) The New NRG Common Stock shall Plan. Release-Based Amount; consist of 100,000,000 shares of new The Debtors may alter, amend or (v) Each of the holders of unsecured common stock, par value $0.01 per modify the Plan under section 1127(a) claims against NRG PMI will receive its share. The New NRG Common Stock of the Bankruptcy Code at any time pro rata share of senior notes of (subject to dilution for management prior to the confirmation hearing, with Reorganized NRG and New NRG incentive plan) will be distributed on a the written consent of the Unsecured Creditors Committee, the Global Common Stock; pro rata basis to holders of NRG’s Steering Committee and Xcel. The (vi) Intercompany claims among the unsecured debt and claims and holders Debtors may alter, amend or modify any Debtors and between the Debtors and of unsecured claims against NRG PMI; certain of NRG’s other subsidiaries will exhibits to the Plan under section (ii) Reorganized NRG will also issue 1127(a) of the Bankruptcy Code at any be divided into two classes: (1) Claims senior notes which shall (a) be in an that will be cancelled without any time prior to the confirmation hearing, initial principal amount of with the written consent of the distribution to the holders and (2) $500,000,000, (b) accrue interest at a claims that will be reinstated on the Unsecured Creditors Committee, the rate of 10% per annum if payable in Global Steering Committee and Xcel. Effective Date (as described below); cash or 12% per annum if payable in (vii) Any and all outstanding equity After the confirmation of the Plan by the kind, and (c) mature on the seventh Bankruptcy Court, and prior to interests in NRG will be canceled anniversary of the issuance. The senior without consideration; and substantial consummation of the Plan notes are to be distributed on a pro rata with respect to any Debtor as defined in (viii) NRG will retain its 100% basis to holders of NRG’s unsecured section 1102 of the Bankruptcy Code, ownership in NRG PMI. debt and claims and holders of any Debtor may, with the written The Plan contains a mechanism that unsecured claims against NRG PMI; and consent of the Unsecured Creditors would allow holders of unsecured debt (iii) The Xcel Note shall (a) be a non- Committee, the Global Steering and claims against NRG and NRG PMI amortizing promissory note in an initial Committee and Xcel, under section to elect to receive equity instead of cash principal amount of $10 million, (b) 1127(b) of the Bankruptcy Code, and/or debt, or cash and/or debt instead accrue interest at a rate of 3% per institute proceedings in the Bankruptcy of equity. Reallocation will occur to the 1 annum and (c) mature 2 ⁄2 years after Court to remedy any defect or omission extent there are willing parties on each the effective date of the Plan. or reconcile any inconsistencies in the side.8 D. Third Amended Disclosure Statement Plan, the Disclosure Statement, or the Applicants state that, generally, the confirmation order, and such matters as claims of the Xcel Entities against the The Plan was filed with the may be necessary to carry out the Debtors would receive one of two Bankruptcy Court along with the purposes and effects of the Plan. A different types of treatment under the disclosure statement accompanying the holder of a claim that has accepted the Plan. As to claims of approximately $32 Plan (‘‘Disclosure Statement’’). Plan shall be deemed to have accepted million arising prior to January 31, Applicants state that under section 1125 the Plan as altered, amended or 2003, Xcel has agreed to settle such of the Bankruptcy Code, the Debtors modified, if the proposed alteration, claims in exchange for a promissory may not solicit votes for acceptances of amendment or modification does not note to be issued by NRG to Xcel in the the Plan until the Bankruptcy Court materially and adversely change the original principal amount of $10 million approves the Disclosure Statement as treatment of the claim of such holder. containing information of a kind, and in Applicants state that modification of or 7 Reorganized NRG refers to NRG, or any sufficient detail, adequate to enable successor thereto by merger, consolidation or amendments to the Plan will be otherwise, as contemplated by the Plan. creditors to make an informed judgment promptly filed with the Commission by 8 The reallocation procedure is completely whether to vote for acceptance or amendment to the Application. voluntary, and no party can be required or rejection of the Plan. According to compelled to take part in the reallocation Applicants, the Bankruptcy Court held III. Obligations of Xcel Under the Plan procedure. Creditors who do not participate in the and the Settlement Agreement reallocation procedure will receive the distribution a hearing on the Disclosure Statement to which they are otherwise entitled under the on June 30, 2003, and is continuing its Applicants also state that under the distribution provisions of the Plan. review of the Disclosure Statement. Settlement Agreement, Xcel and NRG

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(on behalf of itself and NRG’s the payments discussed above, will, ‘‘certified balance sheet.’’ 1 The subsidiaries) will agree to indemnify according to Applicants, be contingent Sarbanes-Oxley Act of 2002 (‘‘Act’’) 2 each other for any actions taken by the upon, among other things, the established the Public Company indemnifying party through the effective following: Accounting Oversight Board (‘‘Board’’) 3 date of the Plan where the statutory (i) Effective date of the Plan occurring and amended section 17(e) to replace liability imposed on the indemnified on or prior to December 15, 2003; the words ‘‘an independent public party is solely by reason of Xcel’s direct (ii) The receipt of releases in favor of accountant’’ with ‘‘a registered public or indirect ownership of NRG and Xcel from holders of at least 85 percent accounting firm.’’ 4 NRG’s subsidiaries. Further, according of the general unsecured claims held by The Act establishes a deadline for to Applicants, NRG and its direct and NRG’s creditors; registration with the Board of auditors indirect subsidiaries will not be (iii) Approval of the final Plan by the of financial statements of ‘‘issuers,’’ as reconsolidated with Xcel or any of its Bankruptcy Court and related that term is defined in the Act.5 The Act other affiliates for federal income tax documents containing terms satisfactory does not provide a deadline for purposes at any time after their March to Xcel, NRG and various groups of 2001 disaffiliation or otherwise entitled registration of auditors of broker-dealers NRG’s creditors; and that are not issuers (‘‘non-public broker- to the benefits of any tax sharing (iv) The receipt by Xcel of all agreement with Xcel. Xcel alone will be dealers’’). Application of registration necessary regulatory approvals. requirements and procedures to auditors entitled to the tax benefits associated Applicants assert that the Plan and of non-public broker-dealers is still with the worthless stock deduction Xcel related transactions are reasonable and being considered. expects to claim with respect to its in the best interests of the investors in investment in NRG. Xcel and NRG will the NRG Applicants and of the investors Accordingly, we believe that it is enter into a tax matters agreement (‘‘Tax in Xcel. consistent with the public interest and Matters Agreement’’) that addresses the protection of investors that non- liability for any unpaid taxes of NRG IV. Post Reorganization Ownership public broker-dealers file with the and Xcel for periods during which NRG Structure Commission and send to their and Xcel were part of the same Under the Plan, the pre-petition customers the documents and consolidated, combined or unitary tax shares of common stock issued by NRG information required by section 17(e) group, entitlement to any tax refunds for and held indirectly by Xcel, through certified by an independent public such periods, the control of contests for Xcel Wholesale, shall not receive any accountant instead of a registered public such periods, cooperation with respect distributions under the Plan, and the accounting firm until January 1, 2005, to audits and such other matters as Post shares shall be canceled and unless rules are in place regarding would be customary in a tax matters extinguished on the effective date of the Board registration of auditors of non- agreement between similarly-situated Plan. As a consequence, Xcel’s pre- public broker-dealers that set an earlier corporations. petition shares in NRG will no longer date.6 Applicants state that Xcel has agreed, have any claim to voting rights, to the extent requested by NRG, to It is therefore ordered, pursuant to dividends or any other rights with section 17(e) of the Exchange Act, that provide services to NRG under a respect to NRG. The entire equity transitional services agreement non-public broker-dealers may file with interest in Reorganized NRG will then the Commission a balance sheet and (‘‘Transitional Services Agreement’’) for be held by the existing creditors of NRG. a specified period after the Effective income statement and may send to their NRG will continue to own 100% of the customers a balance sheet certified by Date. Xcel will receive compensation at equity ownership of NRG PMI. cost for any services provided. an independent public accountant Applicants state that at this time it is For the Commission, by the Division of instead of certified by a registered not expected that NRG will request any Investment Management, under delegated public accounting firm until January 1, services under the Transitional Services authority. 2005, unless rules are in place regarding Agreement. Margaret H. McFarland, Board registration of auditors of non- Xcel and NRG will enter into an Deputy Secretary. public broker-dealers that set an earlier employee matters agreement under [FR Doc. 03–20262 Filed 8–7–03; 8:45 am] date. which various obligations with respect BILLING CODE 8010–01–P to employees and benefit plans will be 1 Exchange Act Rule 17a–5 requires registered allocated between Xcel and NRG as of broker-dealers to provide to the Commission and to SECURITIES AND EXCHANGE customers of the broker-dealer other specified the effective date of the Plan. Also, a tax financial information. allocation agreement (‘‘Tax Allocation COMMISSION 2 Public Law 107–204. Agreement’’), dated as of December 29, 3 Section 101 of the Act. 2000, provided for all eligible affiliated [Release No. 34–48281] 4 Section 205(c)(2) of the Act. corporations to join with Xcel in the 5 Section 2 of the Act defines ‘‘issuer.’’ Section filing of consolidated federal income tax Broker-Dealer Financial Statement 102 of the Act establishes a specific deadline by Requirements Under Section 17 of the which auditors of issuers must register with the returns, and also set forth procedures for Board. Based on the statutory deadline of 180 days allocating tax benefits among the Exchange Act after the Commission determined the Board was parties. NRG and its direct and indirect ready to carry out the requirements of the Act, that subsidiaries will not be reconsolidated August 4, 2003. date is October 22, 2003. See Exchange Act Release with Xcel or any of its other affiliates for Section 17(e)(1)(A) of the Securities No. 48180 (July 16, 2003). Exchange Act of 1934 (‘‘Exchange Act’’) 6 We note the continued applicability of Exchange federal income tax purposes at any time Act Rule 17a–5. We wish to highlight Exchange Act after their March 2001 disaffiliation or requires that every registered broker- Rule 17a–5(g), which requires, among other things, otherwise entitled to the benefits of the dealer annually file with the that audits of broker-dealers be made in accordance Tax Allocation Agreement. Applicants Commission a certified balance sheet with generally accepted auditing standards (GAAS). and income statement, and section GAAS requires, for example, that audits be further state that Xcel’s obligations conducted with due professional care by under the Settlement Agreement and the 17(e)(1)(B) requires that the broker- independent persons with adequate technical Plan, including its obligations to make dealer annually send to its customers its training and proficiency as an auditor.

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By the Commission. a disaster area due to damages caused South State Street, Salt Lake City, UT Margaret H. McFarland, by severe storms, flooding, and 84115, (801) 957–3481. Deputy Secretary. landslides beginning on June 11, 2003 Dr. Bruce Whitaker, Director, American [FR Doc. 03–20221 Filed 8–7–03; 8:45 am] and continuing through July 15, 2003. Samoa Community College, P.O. Box All other counties contiguous to the BILLING CODE 8010–01–P 2609, Pago Pago, American Samoa above named primary counties have 96799, 011–684–699–9155. been previously declared. Mr. John Lenti, State Director, All other information remains the University of South Carolina, 1710 SMALL BUSINESS ADMINISTRATION same, i.e., the deadline for filing College Street, Columbia, SC 29208, [Declaration of Disaster #P012] applications for physical damage is (803) 777–4907. August 20, 2003, and for economic Ms. Kelly Manning, State Director, State of Florida injury the deadline is March 22, 2004. Office of Business Development, 1625 Broadway, Suite 1710, Denver, CO As a result of the President’s major (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) 80202, (303) 892–3864. disaster declaration for Public Dated: August 1, 2003. Mr. Henry Turner, Executive Director, Assistance on July 29, 2003 the U.S. Howard University, 2600 6th St., NW, Cheri L. Cannon, Small Business Administration is Room 125, Washington, DC 20059, activating its disaster loan program only Acting Associate Administrator for Disaster (202) 806–1550. Assistance. for private non-profit organizations that Mr. Jerry Cartwright, State Director, provide essential services of a [FR Doc. 03–20256 Filed 8–7–03; 8:45 am] University of West Florida, 401 East governmental nature. I find that BILLING CODE 8025–01–P Chase Street, Suite 100, Pensacola, FL Charlotte, Citrus, DeSoto, Hardee, Levy, 32501, (850) 595–6060. Manatee and Sarasota Counties in the Mr. Hank Logan, State Director, SMALL BUSINESS ADMINISTRATION State of Florida constitute a disaster area University of Georgia, Chicopee due to damages caused by severe storms Complex, Athens, GA 30602, (706) and flooding occurring on June 13, 2003 Notice of Action Subject to Intergovernmental Review Under 542–6762. and continuing. Applications for loans Executive Order 12372 Mr. Darryl Mleynek, State Director, for physical damage as a result of this University of Hawaii/Hilo, 200 West disaster may be filed until the close of AGENCY: Small Business Administration. Kawili Street, Hilo, HI 96720, (808) business on September 29, 2003 at the ACTION: Notice of Action Subject to 974–7515. address listed below or other locally Intergovernmental Review. Mr. Sam Males, State Director, announced locations: Small Business University of Nevada/Reno, College of Administration, Disaster Area 2 Office, SUMMARY: The Small Business Business Administration, Room 411, One Baltimore Place, Suite 300, Atlanta, Administration (SBA) is notifying the Reno, NV 89557–0100, (775) 784– GA 30308. public that it intends to grant the 1717. The interest rates are: pending applications of 42 existing Mr. Albert Laabs, State Director, Small Business Development Centers Tennessee Board of Regents, 1415 Percent (SBDCs) for refunding on January 1, Murfreesboro Road, Suite 324, 2004, subject to the availability of funds. Nashville, TN 37217–2833, (615) 366– For Physical Damage Fourteen states do not participate in the Non-Profit Organizations Without 3931. EO 12372 process therefore, their Ms. Debbie Bishop Trocha, State Credit Available Elsewhere ..... 2.953 addresses are not included. A short Non-Profit Organizations With Director, Economic Development Credit Available Elsewhere ..... 5.500 description of the SBDC program Council, One North Capitol, Suite follows in the supplementary 420, Indianapolis, IN 46204, (317) The number assigned to this disaster information below. 234–2086. for physical damage is P01211. The SBA is publishing this notice at Ms. Mary Collins, State Director, least 120 days before the expected University of New Hampshire, 108 (Catalog of Federal Domestic Assistance refunding date. The SBDCs and their Program Nos. 59008). McConnell Hall, Durham, NH 03824, mailing addresses are listed below in (603) 862–4879. Dated: July 31, 2003. the address section. A copy of this Mr. Greg Higgins, State Director, Herbert L. Mitchell, notice also is being furnished to the University of Pennsylvania, The Associate Administrator for Disaster respective State single points of contact Wharton School, 444 Vance Hall, Assistance. designated under the Executive Order. Philadelphia, PA 19104, (215) 898– [FR Doc. 03–20257 Filed 8–7–03; 8:45 am] Each SBDC application must be 1219. BILLING CODE 8025–01–P consistent with any area-wide small Mr. Robert Hamlin, State Director, business assistance plan adopted by a Bryant College, 1150 Douglas Pike, State-authorized agency. Smithfield, RI 02917, (401) 232–6111. SMALL BUSINESS ADMINISTRATION DATES: A State single point of contact Mr. John Lenti, State Director, and other interested State or local [Declaration of Disaster #3512] University of South Carolina, College entities may submit written comments of Business Administration, 1710 State of West Virginia; Amendment #7 regarding an SBDC refunding within 30 College Street, Columbia, SC 29208, days from the date of publication of this (803) 777–4907. In accordance with the notice notice to the SBDC. Mr. Mark Slade, Acting State Director, received from the Department of ADDRESSES: University of South Dakota, School of Homeland Security—Federal Emergency Business, 414 East Clark, Vermillion, Management Agency, effective July 30, Addresses of Relevant SBDC State SD 57069, (605) 367–5757. 2003, the above numbered declaration is Directors Ms. Vi Pham, Region Director, hereby amended to include Marion Mr. Michael Finnerty, State Director, California State University, Fullerton, County in the State of West Virginia as Salt Lake Community College, 1623 2600 Nutwood Avenue, Suite 275,

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Fullerton, CA 92831–3137, (562) 419– Governor. Non-Federal funds must Dated: July 29, 2003. 3099. match Federal funds. An SBDC must Bridget Bean, Ms. Mary Wylie, Region Director, operate according to law, the Acting Associate Administrator for Small Southwestern Community College Cooperative Agreement, SBA’s Business Development Centers. District, 900 Otey Lakes Road, Chula regulations, the annual Program [FR Doc. 03–20258 Filed 8–7–03; 8:45 am] Vista, CA 91910, (619) 482–6375. Announcement, and program guidance. BILLING CODE 8025–01–P Mr. John Massaua, State Director, Program Objectives University of Southern Maine, 96 Falmouth Street, Portland, ME 04103, The SBDC program uses Federal (207) 780–4420. funds to leverage the resources of states, DEPARTMENT OF STATE Ms. Carolyn Clark, State Director, academic institutions and the private Washington State University, 534 East sector to: Trent Avenue, Spokane, WA 99210– (a) Strengthen the small business [Public Notice 4437] 1495, (509) 358–7765. community; (b) increase economic growth; Culturally Significant Objects Imported Mr. Scott Daughtery, State Director, for Exhibition Determinations: ‘‘The University of North Carolina, 5 West (c) assist more small businesses; and (d) broaden the delivery system to Dawn of Photography: French Hargett Street, Suite 600, Raleigh, NC Daguerreotypes, 1839–1855’’ 27601–1348, (919) 715–7272. more small businesses. Ms. Christine Martin, State Director, SBDC Program Organization AGENCY: Department of State. University of North Dakota, P.O. Box 7308, Grand Forks, ND 58202, (701) The lead SBDC operates a statewide ACTION: Notice. 777–3700. or regional network of SBDC service Mr. Casey Jeszenka, Director, University centers. An SBDC must have a full-time SUMMARY: Notice is hereby given of the of Guam, P.O. Box 5061–U.O.G. Director. SBDCs must use at least 80 following determinations: Pursuant to Station, Mangilao, Guam 96923, (671) percent of the Federal funds to provide the authority vested in me by the Act of 735–2553. services to small businesses. SBDCs use October 19, 1965 (79 Stat. 985; 22 U.S.C. Ms. Erica Kauten, State Director, volunteers and other low cost resources 2459), Executive Order 12047 of March University of Wisconsin, 432 North as much as possible. 27, 1978, the Foreign Affairs Reform and Lake Street, Room 423, Madison, WI SBDC Services Restructuring Act of 1998 (112 Stat. 53706, (608) 263–7794. 2681, et seq.; 22 U.S.C. 6501 note, et An SBDC must have a full range of Ms. Helen Sullivan, Region Director, seq.), Delegation of Authority No. 234 of business development and technical University of California, Merced, 550 October 1, 1999, Delegation of Authority assistance services in its area of East Shaw, Suite 105A, Fresno, CA No. 236 of October 19, 1999, as operations, depending upon local needs, 93710, (559) 241–7414. amended, and Delegation of Authority SBA priorities and SBDC program Ms. Janice Rhodd, Region Director, No. 257 of April 15, 2003 [68 FR 19875], objectives. Services include training and California State University, Chico I hereby determine that the objects to be counseling to existing and prospective Research Foundation, Kendall Hall, included in the exhibition ‘‘The Dawn small business owners in management, Room 114, Chico, CA 95929–0870, of Photography: French Daguerreotypes, marketing, finance, operations, (530) 898–4598. 1839–1855,’’ imported from abroad for planning, taxes, and any other general Mr. Blake Escudier, Region Director, temporary exhibition within the United or technical area of assistance that San Jose State University, 210 North States, are of cultural significance. The supports small business growth. 4th Street, 4th Floor, P.O. Box 720130, objects are imported pursuant to loan The SBA district office and the SBDC San Jose, CA 95129, (408) 655–9487. agreements with the foreign owners. I must agree upon the specific mix of Dr. Michael Fronmueller, Region also determine that the exhibition or services. They should give particular Director, California State University, display of the exhibit objects at the attention to SBA’s priority and special Northridge, 18111 Nordhoff Street, Metropolitan Museum of Art from on or emphasis groups, including veterans, Northridge, CA 91330–8232, (818) about September 22, 2003 until on or women, exporters, the disabled, and 677–2455. about January 4, 2004, and at possible minorities. FOR FURTHER INFORMATION CONTACT: additional venues yet to be determined, Bridget Bean, Acting Associate SBDC Program Requirements is in the national interest. Public Notice Administrator for SBDCs, U.S. Small An SBDC must meet programmatic of these Determinations is ordered to be Business Administration, 409 Third and financial requirements imposed by published in the Federal Register. Street, SW., Sixth Floor, Washington, statute, regulations or its Cooperative FOR FURTHER INFORMATION CONTACT: For DC 20416. Agreement. The SBDC must: further information, including a list of SUPPLEMENTARY INFORMATION: (a) Locate service centers so that they the exhibit objects, contact the Office of are as accessible as possible to small Description of the SBDC Program the Legal Adviser, U.S. Department of businesses; State, (telephone: 202/619–6982). The A partnership exists between SBA (b) open all service centers at least 40 address is U.S. Department of State, SA– and an SBDC. SBDCs offer training, hours per week, or during the normal 44, 301 4th Street, SW., Room 700, counseling and other business business hours of its state or academic Washington, DC 20547–0001. development assistance to small Host Organization, throughout the year; businesses. Each SBDC provides (c) develop working relationships Dated: July 31, 2003. services under a negotiated Cooperative with financial institutions, the C. Miller Crouch, Agreement with the SBA. SBDCs investment community, professional Principal Deputy Assistant Secretary for operate on the basis of a state plan to associations, private consultants and Educational and Cultural Affairs, Department provide assistance within a state or small business groups; and of State. geographic area. The initial plan must (d) maintain lists of private [FR Doc. 03–20311 Filed 8–7–03; 8:45 am] have the written approval of the consultants at each service center. BILLING CODE 4710–08–U

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DEPARTMENT OF STATE appointed by the Assistant Secretary of DEPARTMENT OF TRANSPORTATION State for Political-Military Affairs, who [Public Notice: 4436] advise the Department on policies, Federal Aviation Administration Determination Pursuant to Section 1(b) regulations, and technical issues [Docket No. FAA–2003–15745] of Executive Order 13224 Relating to affecting defense trade. The purpose of Shamil Basayev the meeting will be to review progress High Density Airports; Notice of of the working groups and to discuss Reagan Washington National Airport Acting under the authority of section current defense trade issues and topics Lottery Allocation Procedures 1(b) of Executive Order 13224 of for further study. September 23, 2001, as amended by AGENCY: Federal Aviation Executive Order 13286 of July 2, 2002, Although public seating will be Administration. and Executive Order 13284 of January limited due to the size of the conference ACTION: Notice rescheduling the date of 23, 2003, and in consultation with the room, members of the public may attend the lottery to allocate slots at Reagan Secretary of the Treasury, the Attorney this open session as seating capacity Washington National Airport. General, and the Secretary of Homeland allows, and will be permitted to Security, I hereby determine that Shamil participate in the discussion in SUMMARY: This action reschedules the Basayev [Date of Birth: 1/14/1965, Place accordance with the Chairman’s Federal Aviation Administration (FAA) of Birth: Chechen village of Dyshni- instructions. Members of the public lottery for the allocation of limited air Vedeno] has committed, or poses a may, if they wish, submit a brief carrier and commuter slots at Reagan significant risk of committing, acts of statement to the committee in writing. Washington National Airport (DCA). terrorism that threaten the security of The lottery was originally scheduled for As access to the Department of State July 31, 2003, and is rescheduled for U.S. nationals or the national security, facilities is controlled, persons wishing foreign policy, or economy of the United August 12, 2003. to attend the meeting must notify the States. DATES: July 31, 2003. DTAG Executive Secretariat by COB Consistent with the determination in Date/Location of Lottery: The lottery Wednesday, September 10, 2003. If section 10 of Executive Order 13224 that will be held in the Federal Aviation ‘‘prior notice to persons determined to notified after this date, the DTAG Administration (FAA) Auditorium, 3rd be subject to the Order who might have Secretariat cannot guarantee that State’s floor, 800 Independence Avenue, SW., a constitutional presence in the United Bureau of Diplomatic Security can Washington, DC 20591, on August 12, States would render ineffectual the complete the necessary processing 2003, beginning at 1 p.m. required to attend the September 18 blocking and other measures authorized FOR FURTHER INFORMATION CONTACT: plenary. in the Order because of the ability to Lorelei Peter, Operations and Air Traffic transfer funds instantaneously,’’ I Each non-member observer or DTAG Law Branch, Regulations Division, determine that no prior notice need be member needing building access that Office of the Chief Counsel, Federal provided to any person subject to this wishes to attend this plenary session Aviation Administration, 800 determination who might have a should provide his/her name, company Independence Avenue, SW., constitutional presence in the United or organizational affiliation, phone Washington, DC 20591; telephone States because to do so would render number, date of birth, social security number 202–267–3134. ineffectual the measures authorized in number, and citizenship to the DTAG SUPPLEMENTARY INFORMATION: the Order. Secretariat, contact person Barbara This notice shall be published in the Eisenbeiss via e-mail at Background Federal Register. [email protected]. DTAG On July 9, 2003, the FAA published Dated: August 4, 2003. members planning to attend the plenary in the Federal Register a notice of Colin L. Powell, session should notify the DTAG lottery and allocation procedures for a Secretary of State, Department of State. Secretariat, contact person Mary limited number of air carrier and [FR Doc. 03–20310 Filed 8–7–03; 8:45 am] Sweeney via e-mail at commuter slots at DCA (68 FR 41037). A clarification regarding the applicable BILLING CODE 4710–10–P [email protected]. A list will be made up for Diplomatic Security and regulatory definition of a limited the Reception Desk at the C Street incumbent carrier was published on DEPARTMENT OF STATE Entrance. Attendees must present a July 18, 2003 (68 FR 42796). The FAA has received comments and [Public Notice 4406] driver’s license with photo, a passport, a U.S. Government ID, or other valid questions regarding the lottery Defense Trade Advisory Group Notice photo ID for entry. procedures and the application of the of Open Meeting regulatory definitions of a new entrant FOR FURTHER INFORMATION CONTACT: carrier and a limited incumbent carrier AGENCY: Department of State. Mary F. Sweeney, DTAG Secretariat, for this lottery. Copies of documents ACTION: Notice. U.S. Department of State, Office of related to the lottery, including Defense Trade Controls Management submissions from the carriers requesting The Defense Trade Advisory Group (PM/DTCM), Room 1200, SA–1, to participate in the lottery and letters (DTAG) will meet in open session from Washington, D.C. 20522–0112, (202) regarding certain lottery procedures and 9 a.m. to 12 noon on Thursday, 663–2865, FAX (202) 663–261–8199. carrier eligibility questions, have been September 18, 2003, in Room 1912 at placed in the docket for this matter, Dated: August 1, 2003. the U.S. Department of State, Harry S. FAA–2003–15745. On July 24, 2003, the Truman Building, 2201 C Street NW., Michael T. Dixon, FAA notified carriers operating at DCA Washington, DC. Entry and registration Executive Secretary, Defense Trade Advisory and other interested parties of the open will begin at 8:15. The membership of Group, Department of State. docket and provided that if any party this advisory committee consists of [FR Doc. 03–20309 Filed 8–7–03; 8:45 am] sought to comment on the lottery or any private sector defense trade specialists, BILLING CODE 4710–25–U issues raised by the documents in the

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docket, it should do so by 12 p.m. on unsuccessful in its attempt to contact FAA performs on these TC holder’s July 28, 2003. each of the above listed TC holders by compliance with the FAA safety We have reviewed the comments in certified mail, by telephone, and regulations relating to continued the docket and find that several issues Internet search. The FAA is responsible airworthiness of their helicopters cannot regarding carrier eligibility to for surveillance of the RCTC holder’s be accomplished if they cannot be participate and the lottery procedures ability to perform continued operational located. have been raised. The FAA finds it safety (COS) management and oversight Interested parties are invited to necessary to delay the lottery for a short of each helicopter on their TC. This provide comments, written data, views, period of time to properly resolve these action is intended to ensure that each or arguments relating to this notice. concerns. The FAA will issue a individual RCTCed helicopter is under Comments should be submitted in subsequent notice in the Federal a TC that has active COS management duplicate to the address specified above. Register that responds to the comments and oversight by a TC holder that can All comments received on or before the and lists the carriers eligible to be subject to periodic safety audits by closing date will be considered. All participate in the lottery and their the FAA. comments received will be available in respective category of participation. DATES: Comments must be received on the docket for examination by interested This notice does not reopen the or before October 7, 2003. persons. Comments may be inspected at notification deadline for carriers not ADDRESSES: Comments on this notice the office of the FAA, Rotorcraft Safety operating at DCA to request must be submitted to the Federal Management Group, Rotorcraft participation in the lottery. Aviation Administration, Safety Directorate, 4th Floor, 2601 Meacham Issued on July 31, 2003, in Washington, Management Group, ASW–112, Boulevard, Fort Worth, Texas, between DC. Rotorcraft Directorate, Fort Worth, 9 a.m. and 4 p.m. Monday through James W. Whitlow, Texas 76193–0112 or electronically to Friday, except Federal holidays. Deputy Chief Counsel. [email protected]. Background: Since the issuance of [FR Doc. 03–20192 Filed 8–7–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: many of the RCTC’s, there have been a BILLING CODE 4910–13–M Charles Harrison, Aerospace Engineer, large number of significant service FAA, Rotorcraft Directorate, Aircraft difficulties that have been discovered on Certification Service, Fort Worth, Texas various models of surplus military DEPARTMENT OF TRANSPORTATION 76193–0112, telephone (817) 222–5128, aircraft certificated in the restricted fax (817) 222–5961. category, particularly under 14 CFR Federal Aviation Administration SUPPLEMENTARY INFORMATION: This 21.25. Some of these service difficulties notice is intended to inform the public have resulted in fatalities and led to the Notice of Intent To Designate as discovery of various continued Abandoned Certain Type Certificates of the FAA’s intent to designate certain Type Certificates issued in the operational safety problems in this fleet. Issued in the Restricted Category: Based on the numbers of significant International Helicopters, H5S0; Smith Restricted Category as being abandoned and that no additional original service difficulties that are being Helicopters, H8NM; Invest In airworthiness certificates will be issued discovered in the RCTC helicopter fleet, Opportunities, Inc., H9WE; Helitech against these type certificates (TC) the FAA conducted an audit of the Corporation, H12WE; Pacific Aviation, designated as abandoned. The FAA has records of all known RCTC holders. H15WE; Joe G. Marrs, H2SO; Glacier been unable to locate these TC holders As part of this audit, the FAA Helicopter, Inc., H21NM; Charles D. concerning the continued airworthiness elevated its efforts to contact and review Linza, H4WE; Sterling Aircraft of the aircraft certificated under their all of the RCTC holders for up-to-date Industries, H7WE; Heli Crane type certificates. Among other information on their RCTC including Corporation, HR–35; Lassen Air, regulatory requirements, 14 CFR 21.3 the number of helicopters, the serial H11WE; U.S. Helicopter, R00009AT requires TC holders to report certain numbers (S/N), and the operators of AGENCY: Federal Aviation failures, malfunctions, and defects to those helicopters. This effort has Administration (FAA), DOT. the FAA; and 14 CFR 21.99 requires, revealed that there are helicopters listed ACTION: Notice of intent to designate upon request, that TC holders submit on the FAA Aircraft Registry for which certain type certificates issued in the design changes that are necessary to there is no COS management and restricted category as abandoned; correct any unsafe condition in their oversight by the TC holder. The audit request for comments. products. To date, the FAA has been also revealed that there are many unsuccessful in its attempts to locate RCTC’s that have been sold and not SUMMARY: This notice announces the each of the above listed TC holders by properly transferred to the new owner. FAA’s intent to designate each of the certified mail, by telephone, and Contacts with some RCTC holders also above-cited Type Certificates issued in Internet search. The FAA is responsible revealed that there were some the Restricted Category (RCTC) as for surveillance of the RCTC holder’s certificates that were intentionally not abandoned. The FAA has been unable to ability to perform continued operational managed for various reasons, however locate these RCTC holders concerning safety (COS) management and oversight the RCTC was not surrendered. As part the continued airworthiness of the of each helicopter on their TC. This of the audit, the FAA also discovered aircraft certificated under their type action is not intended as a surrender, that several RCTC holders could not be certificates. The Federal Aviation suspension, revocation, or termination located and in some cases there were no Regulations (FARs) require that type of any TC as those terms are used in 14 active aircraft listed in the FAA Registry certificate (TC) holders report certain CFR part 21. However, this action is for certain RCTC’s and in other cases failures, malfunctions, and defects to intended to ensure that each individual there are active aircraft listed in the the FAA. The FARs also require, upon RCTCed helicopter is under a TC that FAA Registry. The FAA attempted to request, that TC holders submit design has active COS management and contact and locate all of these RCTC changes to the FAA that are necessary oversight by a TC holder that can be holders by phone, certified letter, and to correct any unsafe condition in their subject to periodic safety audits by the Internet search. Several RCTC holders products. The FAA has been FAA. Periodic safety audits that the could not be located and have never

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contacted the FAA after obtaining the airworthiness certificates will be issued DEPARTMENT OF TRANSPORTATION TC for their aircraft. against these TCs designated as Discussion: The basis for issuance of abandoned. There are FAA procedures Surface Transportation Board a TC for a Restricted Category helicopter in place to accommodate the transfer or not only includes various reports and surrender of a TC. [STB Finance Docket No. 34383] data, it requires that the applicant To properly transfer a TC, FAA order submit information about periodic 8110.4B, dated April 24, 2000, and 14 Fremont Northwestern Railroad inspections and maintenance to assure CFR 21.47 requires that the grantor, Company—Lease and Operation the continued operational safety of the within thirty (30) days after the transfer Exemption—Rail Line of the Eastern helicopter. These TC holders are also of the TC, shall notify in writing the Nebraska Chapter National Railway required to meet certain COS Historical Society requirements regardless of who owns or appropriate FAA Aircraft Certification Office. This notification must state the operates the aircraft. The FAA continues Fremont Northwestern Railroad to monitor the safety performance of a name and address of the transferee or licensee, date of the transaction, and in Company (FNW), a noncarrier, has filed helicopter design even after the type a verified notice of exemption under 49 design is approved and the aircraft is the case of a licensing agreement, the extent of authority granted the licensee. CFR 1150.31 to lease and operate a 9.5- introduced into service. This is mile rail line owned by the Eastern accomplished through post-certification The recipient of a transferred TC accedes to all the privileges and all the Nebraska Chapter National Railway design reviews, various safety reports Historical Society (ENC) extending from and data, discussions with operators, responsibilities of the transferring TC holder, which includes the continued milepost 0.69, a point of connection and reports from the TC holder. with a rail line of Union Pacific Railroad COS oversight and management is a airworthiness responsibilities for all Company in Freemont, to milepost safety requirement for every individual aircraft covered by that TC. Also, when 10.01, a point 2 miles north of helicopter. This action is part of the a TC is transferred, FAA Order 8110.4B, Nickerson, in Dodge County, NE. FNW FAA’s continuing effort to oversee TC dated April 24, 2000, states that the TC certifies that its projected annual holder COS management of the aircraft will be reissued. The proper procedures revenues will not exceed those that on their TCs issued in the restricted for transferring a TC are contained in would qualify it as a Class III rail carrier category and to provide current FAA Order 8110.4B, dated April 24, and will not exceed $5 million. information to the public as to the status 2000. FNW states that an agreement with of these TCs. The surrender of a TC for cancellation ENC was reached on July 15, 2003, The COS responsibilities of aircraft renders it ineffective. Upon surrender of wherein FNW was given exclusive certificated by the FAA require that the a TC for cancellation, all associated TC holder remain in contact with all rights to provide freight service on the privileges, such as those stated in 14 owners and operators of their aircraft in line. The line is currently being used CFR 21.45, are extinguished. If a TC is order to meet their regulatory safety only for tourist passenger train service surrendered for cancellation, no further obligations. For example, 14 CFR 21.3 that is operated by the Fremont & aircraft may be placed on the TC. requires that the TC holder report Elkhorn Valley Railroad (FEVR),1 a However, the TC surrender does not certain failures, malfunctions, or defects tourist/museum carrier. FEVR will have affect adversely the eligibility of any to the FAA within 24 hours after it has no freight rights or freight aircraft to seek conformity to another TC been determined to be a reportable responsibilities on the line. occurrence. That regulation also or eligibility for issuance of an airworthiness certificate if conformity The transaction was due to be requires that if action is required to consummated on or after July 29, 2003, correct the defect, the data necessary for can be established. To be airworthy, an aircraft must conform to its TC (or the effective date of the exemption (7 the issuance of an appropriate days after the exemption was filed). airworthiness directive shall also be Supplemental Type Certificate), submitted. In addition, the regulations including its approved type design and If the notice contains false or make it clear that Instructions for applicable airworthiness directives, and misleading information, the exemption Continuing Airworthiness, as well as must be in a condition for safe operation is void ab initio. Petitions to revoke the appropriate approved design changes to (49 USC 44704(d); 14 CFR 21.41). exemption under 49 U.S.C. 10502(d) a type-certificated aircraft that will In order to meet the COS may be filed at any time. The filing of contribute to the safety of a product, requirements of the FAA regulations, a petition to revoke will not shall be made available to all owners any owner or operator of a helicopter automatically stay the transaction. and operators of that product. certificated under any of the cited type An original and 10 copies of all Since several TC holders cannot be certificates that the FAA designates as pleadings, referring to STB Finance located or contacted, the FAA cannot abandoned, is encouraged to apply for Docket No. 34383, must be filed with perform its auditing oversight function their own type certificate in accordance the Surface Transportation Board, 1925 and determine whether the TC holder is with the applicable FAA Regulations or K Street, NW., Washington, DC 20423– in compliance with the regulatory they may, with concurrence from 0001. In addition, one copy of each requirements. Therefore, the TC holders another TC holder, conform their pleading must be served on Lee that can not be located and are not helicopter to that TC and add it to that Wilmart, President, Fremont properly managing the COS aspects of COS-managed TC. Northwestern Railroad Company, P.O. the helicopters listed on their TC are in Dated: Issued in Fort Worth, Texas on July Box 185, Fremont, NE 68026–0185. default of their FAA regulatory 23, 2003. Board decisions and notices are obligations. Hence, the FAA proposes to available on our website at http:// ‘‘flag’’ their TC and consider it Kim Smith, www.stb.dot.gov. abandoned. This notice is intended as Acting Manager, Rotorcraft Directorate, notification to the public that the FAA Aircraft Certification Service. Decided: August 1, 2003. intends to designate those TCs as [FR Doc. 03–19527 Filed 8–7–03; 8:45 am] abandoned and no additional original BILLING CODE 4910–13–M 1 FEVR is a wholly owned subsidiary of ENC.

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By the Board, David M. Konschnik, as Treasury Department Circular No. organizations may nominate Director, Office of Proceedings. 230 (to order call 1–800–829–3676). individuals. A nomination may be in Vernon A. Williams, The regulations provide that enrolled any format, but it must include: (1) A Secretary. agents are among the classes of statement of which segment of the tax [FR Doc. 03–20284 Filed 8–7–03; 8:45 am] individuals eligible to practice before practitioner community the nominee is BILLING CODE 4915–00–P the IRS. The Director of the Office of qualified to represent; (2) a description Professional Responsibility is also of the nominee’s professional authorized to pass upon applications for accomplishments, academic DEPARTMENT OF THE TREASURY enrollment and to grant enrollment to accomplishments, or both; and (3) a applicants who demonstrate special statement that the nominee is willing to Internal Revenue Service competence in tax matters by written accept an appointment to the EPAC. examination administered by the IRS. Nominations may include copies of Enrollment Program Advisory This written examination is the Special articles from professional journals or Committee Enrollment Examination (‘‘SEE’’). More other relevant publications, but such information concerning the SEE may be items cannot be returned. AGENCY: Internal Revenue Service, (IRS), found on the Office of Professional Appointment to the Committee will Treasury. Responsibility Web page: (1) Go to IRS be for a two-year term, providing that a ACTION: Notice. Digital Daily, http://www.irs.gov; (2) member continues to fulfill his or her click Tax Professional; and (3) click Committee responsibilities. The SUMMARY: The Director of the Office of Enrolled Agents. Committee is expected to meet up to Professional Responsibility invites The objective of the EPAC is to four times a year. Members should be individuals and organizations to advise, with respect to annual prepared to devote from 125 to 175 nominate candidates for membership on examinations testing the special hours per year, including meetings, to the Enrollment Program Advisory competence in Federal tax matters of the Committee’s work. Members will be Committee. As of January 8, 2003, the individuals who intend to apply for reimbursed, in accordance with newly created Office of Professional status as ‘‘enrolled agents,’’ eligible to Government regulations, for expenses Responsibility replaced the former practice before the IRS. In meeting this (transportation, meals, and lodging) Office of the Director of Practice. The objective, non-Federal members of the incurred in connection with Committee Director of the Office of Professional EPAC shall represent the various meetings. Responsibility exercises the authority of segments of the tax practitioner If the SEE is to provide objective and the former Director of Practice. community. The EPAC’s advisory fair indicia of special competence in DATES: Submit nominations on or before functions will include, but will not Federal taxation, the SEE’s specific September 15, 2003. necessarily be limited to: (1) Identifying topics and questions must not become ADDRESSES: Mail or fax nominations to: Federal tax services sought by publicly available prior to Internal Revenue Service; Office of the taxpayers, identifying the knowledge administration of the examination. Director of Professional Responsibility; that would permit enrolled agents to Consequently, sessions of EPAC SE:OPR, Attn: Michael Hahn, 1111 provide such services, and developing meetings dealing with specific SEE Constitution Ave., NW., Washington, examination topics and questions that topics and questions will be closed to DC 20224; fax number 202–694–1919. will test for such knowledge; (2) public participation. With respect to recommending completed examinations FOR FURTHER INFORMATION CONTACT: such closed sessions, EPAC members for use in the SEE Program; and (3) must be prepared to maintain the Michael Hahn, Enrollment Program reviewing the work product of any Advisory Committee, at 202–694–1823. confidentiality of their deliberations and organization authorized by contract or advice. SUPPLEMENTARY INFORMATION: The otherwise to write, compile, administer Enrollment Program Advisory and grade the SEE, report the scores to Dated: August 1, 2003. Committee (‘‘EPAC’’), which was SEE candidates, and provide advice Brien T. Downing, formerly known as the ‘‘Special thereon to the Director. Director, Office of Professional Responsibility. Enrollment Examination Advisory FACA mandates that the membership [FR Doc. 03–20291 Filed 8–7–03; 8:45 am] Committee,’’ was established in 1999 of the Committee be fairly balanced in BILLING CODE 4830–01–P under the terms of the Federal Advisory terms of the points of view presented Committee Act (‘‘FACA’’), 5 U.S.C. App. and the functions to be performed. To The EPAC’s charter expires January 16, that end, the Office of Professional DEPARTMENT OF THE TREASURY 2005. It is expected that the EPAC will Responsibility will consider be renewed for another two-year period. nominations of all individuals who: (1) Internal Revenue Service Therefore, the Director of the Office of Are qualified to represent the views of Professional Responsibility invites a segment of the tax practitioner Enrollment Program Advisory individuals and organizations to community; (2) possess professional or Committee nominate candidates for membership. academic accomplishments sufficient to AGENCY: Internal Revenue Service, (IRS), Section 330 of 31 U.S.C. authorizes allow contributions to the EPAC’s Treasury. the Secretary of the Treasury to require advisory functions; (3) are of good ACTION: Notice. that representatives before the character and good reputation; and (4) Department demonstrate their are in compliance with the Federal tax SUMMARY: The Director of the Office of ‘‘competency to advise and assist laws. Current or former status as an Professional Responsibility gives notice persons in presenting their cases.’’ enrolled agent is not a requirement for of the renewal of the Enrollment Pursuant to that statute, the Secretary EPAC membership. Program Advisory Committee. As of has promulgated the regulations Individuals may nominate January 8, 2003, the newly created governing practice before the IRS, which themselves; an individual may Office of Professional Responsibility are found at 31 CFR part 10, and are nominate other individuals; or replaced the former Office of the separately published in pamphlet form professional associations or other Director of Practice. The Director of the

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Office of Professional Responsibility DEPARTMENT OF THE TREASURY (a) Whether the collection of exercises the authority of the former information is necessary for the proper Director of Practice. Bureau of the Public Debt performance of the functions of the FOR FURTHER INFORMATION CONTACT: agency, including whether the Michael Hahn, Enrollment Program Proposed Collection: Comment information shall have practical utility; Advisory Committee, 202–694–1823. Request (b) the accuracy of the agency’s estimate of the burden of the collection of SUPPLEMENTARY INFORMATION: In ACTION: Notice and request for information; (c) ways to enhance the accordance with 41 CFR 101– comments. 6.1015(a)(1), the Director of the Office of quality, utility, and clarity of the Professional Responsibility hereby gives SUMMARY: The Department of the information to be collected; (d) ways to notice of the renewal of the Enrollment Treasury, as part of its continuing effort minimize the burden of the collection of Program Advisory Committee (‘‘EPAC’’), to reduce paperwork and respondent information on respondents, including which was formerly known as the burden, invites the general public and through the use of automated collection ‘‘Special Enrollment Examination other Federal agencies to take this techniques or other forms of information Advisory Committee.’’ The EPAC has opportunity to comment on proposed technology; and (e) estimates of capital been renewed under the authority of and/or continuing information or start-up costs and costs of operation, section 14(a)(2)(A) of the Federal collections, as required by the maintenance, and purchase of services Advisory Committee Act, 5 U.S.C. App. Paperwork Reduction Act of 1995, to provide information. Section 330 of 31 U.S.C. authorizes Public Law 104–13 (44 U.S.C. Dated: August 4, 2003. the Secretary of the Treasury to require 3506(c)(2)(A). Currently the Bureau of Vicki S. Thorpe, that representatives before the the Public Debt within the Department Manager, Graphics, Printing and Records Department demonstrate their of the Treasury is soliciting comments Branch. ‘‘competency to advise and assist concerning the Authorization for persons in presenting their cases.’’ [FR Doc. 03–20233 Filed 8–7–03; 8:45 am] purchase and request for change of BILLING CODE 4810–39–P Pursuant to that statute, the Secretary United States Savings Bonds. has promulgated the regulations DATES: Written comments should be governing practice before the IRS, which received on or before October 7, 2003, are found at 31 CFR part 10, and are to be assured of consideration. DEPARTMENT OF VETERANS separately published in pamphlet form AFFAIRS as Treasury Department Circular No. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Vicki S. 230 (to order call 1–800–829–3676). Draft National Capital Asset The regulations provide that enrolled Thorpe, 200 Third Street, Parkersburg, WV 26106–1328, or Realignment for Enhanced Services agents are among the classes of (CARES) Plan individuals eligible to practice before [email protected]. the IRS. The Director of the Office of FOR FURTHER INFORMATION CONTACT: AGENCY: Department of Veterans Affairs. Professional Responsibility is also Requests for additional information or ACTION: Notice. authorized to pass upon applications for copies of the form and instructions enrollment and to grant enrollment to should be directed to Vicki S. Thorpe, SUMMARY: This document concerns VA’s applicants who demonstrate special Bureau of the Public Debt, 200 Third competence in tax matters by written health care planning process known as Street, Parkersburg, WV 26106–1328, CARES, or Capital Asset Realignment examination administered by the IRS. (304) 480–6553. This written examination is the Special for Enhanced Services. The CARES SUPPLEMENTARY INFORMATION: Enrollment Examination (SEE). process was designed to enable the The primary purpose of the Title: Authorization For Purchase And veterans health care system to more Committee is to advise the Office of Request For Change United States effectively use its resources to deliver Professional Responsibility on the SEE. Savings Bonds. more care, to more veterans, in places The Committee’s advisory functions OMB Number: 1535–0111. where veterans need it most. We are will include, but will not necessarily be Form Numbers: SB 2362, 2378, and providing interested persons the limited to: (1) Identifying Federal tax 2383. opportunity to review and submit services sought by taxpayers, identifying Abstract: The information is written comments to the independent the knowledge that would permit requested to support a request by CARES Commission concerning the enrolled agents to provide such services, employees to authorize employers to draft National CARES Plan of the Under and developing examination topics and allot funds from their pay for the Secretary for Health. purchase of savings bonds. questions that will test for such DATES: Comments may be submitted knowledge; (2) recommending Current Actions: None. Type of Review: Extension. until further notice is published in the completed examinations for use—in the Federal Register. SEE Program; and (3) reviewing the Affected Public: Individuals. work product of any organization Estimated Number of Respondents: ADDRESSES: Written comments can be authorized by contract or otherwise to 1,300,000. mailed to Richard E. Larson, Executive write, compile, administer and grade the Estimated Time Per Respondent: 1 Director, CARES Commission, SEE, report the scores to SEE minute. 00CARES, 810 Vermont Avenue, NW., candidates, and provide advice thereon Estimated Total Annual Burden Washington, DC 20480; or faxed to (202) to the Director. Hours: 21,667. 501–2196; or e-mail to http:// Request for Comments: Comments www.carescommission.va.gov. Dated: August 1, 2003. submitted in response to this notice will Comments should indicate that they are Brien T. Downing, be summarized and/or included in the submitted in response to the ‘‘Notice; Director, Office of Professional Responsibility. request for OMB approval. All Draft National Capital Asset [FR Doc. 03–20292 Filed 8–7–03; 8:45 am] comments will become a matter of Realignment for Enhanced Services BILLING CODE 4830–01–P public record. Comments are invited on: (CARES) Plan.’’

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FOR FURTHER INFORMATION CONTACT: current infrastructure and future needs. individual network plans will be Janice R. Sloan, CARES Commission, at It then makes recommendations to solve published in another Federal Register (202) 501–2000. these imbalances and assure that VA is notice in the near future. best positioned to meet veterans health The independent CARES SUPPLEMENTARY INFORMATION: VA’s care needs into the future. Commission, appointed by the VA mission to provide quality health care The draft Plan incorporates new Secretary, is evaluating this draft for America’s veterans has not changed community-based primary and specialty National CARES Plan, which since its inception. But how that care is outpatient clinics. Additionally, four incorporates individual network Market provided—at what kind of facilities, new Spinal Cord Injury and Disorders Plans. Members of the Commission where they are located and which types Units have been proposed, along with include individuals with special of procedures are used—has been two new Blind Rehabilitation Centers. knowledge or interest relating to VA subject to dynamic change. Medical Other enhancements include expansion health care, as well as representatives advances, modern health care trends, of numerous existing outpatient clinics, from stakeholders’ groups. and veteran migrations all have an renovations of inpatient beds, diagnostic impact on the medical care landscape. This notice provides interested and ancillary services, as well as two persons an opportunity to submit In a dynamic health care environment, new hospitals. VA must plan to embrace change so it written comments concerning the draft The full plan, all appendices, and National CARES Plan to the CARES can best serve veterans health care related information can be viewed at needs in the future. Commission. The Commission will http://www.va.gov/CARES. It also is consider these comments in developing The draft National CARES Plan available for inspection in the its recommendations to the VA embodies the plan for managing a vital Department of Veterans Affairs, 810 Secretary. Under the CARES process, element of that change: The Vermont Ave., NW., Room 1063B, the Secretary will either accept or reject Department’s capital infrastructure. The Washington, DC 20420. The draft the Commission’s recommendations, plan is based on a systematic, national National CARES Plan, including an without modification. assessment of the future needs of appendix that summarizes individual veterans and the present location and network plans, which was prepared by Dated: August 6, 2003. condition of the physical plant that VA’s Under Secretary for Health after Tim S. McClain, delivers their health care. The draft review of present and projected user General Counsel. National CARES Plan identifies gaps data, as well as input from a wide range [FR Doc. 03–20396 Filed 8–6–03; 3:18 pm] where there is an imbalance between of sources and stakeholders and the BILLING CODE 8320–01–P

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Corrections Federal Register Vol. 68, No. 153

Friday, August 8, 2003

This section of the FEDERAL REGISTER Tuesday, July 22, 2003, make the DEPARTMENT OF VETERANS contains editorial corrections of previously following corrections: AFFAIRS published Presidential, Rule, Proposed Rule, 1. On page 43366, in the first column, and Notice documents. These corrections are Chiropractic Advisory Committee; under the heading ACTION, in the fourth prepared by the Office of the Federal Notice of Meeting Register. Agency prepared corrections are line, ‘‘Bank’’ should read, ‘‘Band’’. issued as signed documents and appear in 2. On the same page, in the same Correction the appropriate document categories elsewhere in the issue. column, under the same heading,in the seventh line, ‘‘Bank’’ should read, In notice document 03–19758 ‘‘Band’’. appearing on page 45895 in the issue of Monday, August 4, 2003 make the DEPARTMENT OF THE INTERIOR 3. On the same page, in the same following correction: column, under the heading SUMMARY, in Bureau of Indian Affairs the 14th line, ‘‘Bank’’ should read, On page 45895, in the second column, ‘‘Band’’. in the first paragragh, in the third line Indian Gaming from the bottom, ‘‘8011 I St.’’ should [FR Doc. C3–18631 Filed 8–7–03; 8:45 am] read, ‘‘801 I. St.’’. Correction BILLING CODE 1505–01–D [FR Doc. C3–19758 Filed 8–7–03; 8:45 am] In notice document 03–18631 BILLING CODE 1505–01–D appearing on page 43366 in the issue of

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Part II

Federal Election Commission 11 CFR Parts 104, 107, et al. Public Financing of Presidential Candidates and Nominating Conventions; Final Rule

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FEDERAL ELECTION COMMISSION during the 2004 election cycle. These the Senate 30 legislative days before rules implement 26 U.S.C. 9001–13 and they are finally promulgated. The final 11 CFR Parts 104, 107, 110, 9001, 9003, 26 U.S.C. 9031–42. The revised rules rules that follow were transmitted to 9004, 9008, 9031, 9032, 9033, 9034, apply certain provisions of the Congress on July 31, 2003. 9035, 9036, and 9038 Bipartisan Campaign Reform Act of Explanation and Justification [Notice 2003–12] 2002, Pub. L. 107–155, 116 Stat. 81 (2002) (‘‘BCRA’’), to Presidential 11 CFR Part 104—Reports by Political Public Financing of Presidential nominating convention financing. The Committees Candidates and Nominating revised rules also: (1) Limit the use of 11 CFR 104.5(b)(1)—Election Year Conventions public funds for winding down costs for Reports both primary and general election AGENCY: Federal Election Commission. Presidential candidates; (2) clarify rules The regulation at 11 CFR 104.5(b)(1) ACTION: Final rules and transmittal of concerning the attribution of expenses establishes the filing dates for reports by regulations to Congress. to the expenditure limitations for principal campaign committees Presidential primary candidates and (‘‘PCC’’s) of Presidential candidates, SUMMARY: The Federal Election repayments based on expenditures in during election years in accordance Commission is revising several portions excess of those limitations; (3) modify with 2 U.S.C. 434(a)(3)(A). This rule is of its regulations governing the public several aspects of General Election Legal being revised to correct several citations financing of Presidential candidates, in and Accounting Compliance Funds; (4) to reflect changes to 11 CFR 104.5(a) both primary and general election require Presidential committees to promulgated when the Commission campaigns, and Presidential nominating notify the Commission prior to changing implemented BCRA’s new reporting conventions. These regulations their non-election year reporting requirements. The new citations refer to implement the provisions of the schedules; (5) create a new ‘‘shortfall the same pre- and post-election reports Presidential Election Campaign Fund bridge loan exemption’’ from a primary so the reporting requirements are not Act (‘‘Fund Act’’) and the Presidential candidate’s overall expenditure changed. Specifically, the reference in Matching Payment Account Act limitation; (6) define ‘‘municipal funds’’ 11 CFR 104.5(b)(1)(i)(C) is being (‘‘Matching Payment Act’’), which to eliminate the former distinction changed from 11 CFR 104.5(a)(1)(i) to establish eligibility requirements for between permissible host committee ‘‘paragraph (a)(2)(i) of this section’’ and Presidential candidates and convention activity that was impermissible for the reference to 11 CFR 104.5(a)(1)(ii) is committees seeking public financing municipal funds; (7) subject municipal being changed to ‘‘paragraph (a)(2)(ii) of and indicate how funds received under funds to the same disclosure rules as this section.’’ In 11 CFR 104.5(b)(1)(ii), the public financing system may be host committees; (8) delete the the reference to 11 CFR 104.5(a)(1) is spent. The revised rules also implement requirements that only ‘‘local’’ being changed to ‘‘paragraphs (a)(1) and the Bipartisan Campaign Reform Act of individuals and ‘‘local’’ entities may (2) of this section.’’ 2002, as it applies particularly to the donate to host committees and Section 104.5(b)(1)(ii) operates with Fund Act and the Matching Payment municipal funds; and (9) make technical two other provisions, § 104.5(b)(1)(i) Act. The revised rules reflect the changes. and (iii), to specify the circumstances Commission’s experience in The Commission published a Notice under which a Presidential PCC is not administering these programs, of Proposed Rulemaking on April 15, required to file monthly reports during particularly during the 2000 election 2003, 68 FR 18484. Written comments the Presidential election year. A cycle, and anticipate some questions were due by May 23, 2003. The names Presidential PCC must report monthly that may arise during the 2004 of commenters and their comments are during an election year if contribution Presidential election cycle. Further available at http://www.fec.gov/ receipts or expenditures exceed or are information is contained in the register.htm under ‘‘Public Financing of anticipated to exceed $100,000. 11 CFR Supplementary Information that Presidential Candidates and Nominating 104.5(b)(1)(i) and (iii). In order for the follows. Conventions.’’ The Commission held a three provisions to work harmoniously, EFFECTIVE DATE: Further action, public hearing on June 6, 2003 at which all four conditions listed in including the publication of a document it heard testimony from 12 witnesses. § 104.5(b)(1)(ii) must be satisfied before in the Federal Register announcing an Transcripts of the hearing are available a PCC is relieved of the monthly filing effective date, will be taken after these at the Web site identified above. Please requirement. Therefore, section regulations have been before Congress note that, for purposes of this document, 104.5(b)(1)(ii) is being revised to replace for 30 legislative days pursuant to 26 the terms ‘‘commenter’’ and ‘‘comment’’ the disjunctions ‘‘or’’ with the U.S.C. 9009(c). apply to both written comments and conjunctions ‘‘and’’ in three instances. oral testimony at the public hearing. FOR FURTHER INFORMATION CONTACT: Ms. Under the Administrative Procedures 11 CFR 104.5(b)(2)—Non-Election Year Rosemary C. Smith, Acting Associate Act, 5 U.S.C. 553(d), and the Reports: Quarterly and Monthly General Counsel, Mr. J. Duane Pugh Jr., Congressional Review of Agency Reporting Requirements Senior Attorney, Mr. Robert M. Knop, or Rulemaking Act, 5 U.S.C. 801(a)(1), Section 104.5(b)(2) provides that Ms. Delanie DeWitt Painter, Attorneys, agencies must submit final rules to the principal campaign committees of 999 E Street, NW., Washington, DC Speaker of the House of Representatives Presidential candidates may file 20463, (202) 694–1650 or (800) 424– and the President of the Senate, and campaign reports in non-election years 9530. publish them in the Federal Register at on either a monthly or a quarterly basis. SUPPLEMENTARY INFORMATION: The least 30 calendar days before they take The previous rules did not explain how Commission is publishing today the effect. In addition, 26 U.S.C. 9009(c) PCCs may change their reporting final text of revisions to its regulations requires that any rules or regulations frequency during a non-election year governing the public financing of prescribed by the Commission to carry from monthly to quarterly or vice versa. Presidential campaigns, 11 CFR parts out the provisions of the Fund Act be The Commission is revising 9001 through 9039, to more effectively transmitted to the Speaker of the House § 104.5(b)(2) to set forth requirements administer the public financing program of Representatives and the President of for PCCs of Presidential candidates

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seeking to change reporting frequency. committees, organizations or other committees must agree to comply with One commenter stated that this change groups representing a state, city or other the Commission’s rules through 11 CFR fills a gap in the regulations and local government agency’’ to part 400. provides a procedure for switching ‘‘Registration and reports by host 11 CFR 9003.3—Allowable reporting similar to that for committees and municipal funds.’’ See Contributions; General Election Legal unauthorized committees, which will be new 11 CFR 107.2. Similarly, the and Accounting Compliance Fund beneficial even though Presidential Commission has decided to change the candidates’ PCCs will seldom switch phrase used to describe municipal funds The Commission is revising its rule reporting schedules. The revised rule at in the text of the section from ‘‘each governing General Election Legal and § 104.5(b)(2) allows a PCC to change its committee or other organization or Accounting Compliance Funds filing schedule in a non-election year group of persons which represents a (‘‘GELACs’’) in several respects. only after notifying the Commission in State, municipality, local government 11 CFR 9003.3(a)(1)—Sources writing of its intention at the time it agency or other political subdivision in files a required report under its current dealing with officials of a national 1. Solicitation of GELAC Funds filing frequency. The Presidential political party with respect to matters Regulations issued in 1999 barred the candidate’s PCC is then required to file involving a Presidential nominating solicitation and deposit of GELAC the next required report under its new convention’’ to ‘‘municipal fund.’’ In contributions prior to June 1 of the filing frequency. In addition, a PCC may addition, the Commission has decided calendar year of a Presidential general change its filing frequency no more than to add the proposed sentence to § 107.2 election. See former 11 CFR once in a calendar year. This rule requiring that host committee and 9003.3(a)(1)(i) and (a)(1)(i)(A). Deposits establishes the same requirements as are municipal fund reports ‘‘shall contain earlier than June 1 were permitted only found in 11 CFR 104.5(c) for the information specified in 11 CFR part for excessive primary contributions that unauthorized committees. The 104.’’ None of the commenters had been redesignated for the GELAC Commission notes that Presidential addressed these changes. under the previous rules. The NPRM candidates’ PCCs are not permitted to 11 CFR Part 110—Contribution and sought comment on whether to change change their filing frequency during Expenditure Limitations and the date to either April 1 or May 1. One election years under 2 U.S.C. Prohibitions commenter supported the greater 434(a)(3)(A), except that a PCC that files flexibility that would be provided with quarterly reports must begin filing 11 CFR 110.2—Contributions by an earlier date, but nonetheless monthly reports at the next reporting Multicandidate Political Committees (2 described the proposed change as a period after it receives contributions or U.S.C. 441a(a)(2)) relatively insignificant step. The only makes expenditures in excess of For a full discussion of pre-candidacy other commenter to address this issue $100,000. expenditures by multicandidate saw no reason to change the June 1 date. 11 CFR Part 107—Presidential political committees that are deemed in- The 1999 explanation and Nominating Convention, Registration kind contributions, see the Explanation justification stated that the June 1 rule and Reports and Justification for 11 CFR 9034.10 was intended to address two issues. The below. The language in the final rules at first was that candidates who do not 11 CFR 107.2—Registration and Reports 11 CFR 110.2(l) varies from the language receive their party’s nomination must by Host Committees and Municipal at 11 CFR 9034.10 because the return all GELAC contributions, which Funds candidate involved would not be can be difficult if some have been used The NPRM proposed revising the host publicly funded and, therefore, the to defray overhead expenses or to solicit committee and municipal fund consequence of a reimbursement would additional GELAC contributions. The registration and reporting requirements be simply to convert the payment from second concern was to ensure that in 11 CFR 107.2 in two respects to an in-kind contribution to an GELAC funds are not improperly used reflect proposed changes to other expenditure of the candidate. The to make primary election expenditures. Commission regulations. 68 FR at qualified campaign expense concept See Explanation and Justification to the 18512. First, the NPRM proposed and the attendant spending limit Rules Governing Public Financing of changing the title of section 107.2 as provisions are not implicated for Presidential Primary and General well as a reference in the text of the candidates who are not publicly funded. Election Candidates, 64 FR 49355, section to reflect the new definition of 49356 (Sept. 13, 1999). The Commission ‘‘municipal fund’’ it had proposed for 11 CFR Part 9001—Scope selected the June 1 date because 11 CFR 9008.50(c). Second, the NPRM 11 CFR 9001.1—Scope ‘‘barring unforeseen circumstances, this proposed adding a sentence to 11 CFR is the point when a party’s prospective The Commission is making two 107.2 to reflect a revision it proposed for nominee can be reasonably assured that technical amendments to this section to 11 CFR 9008.51 to require that host he or she will need to raise funds for a update the references to its other committee and municipal fund reports GELAC’’ and the date gives prospective regulations. contain the information specified in 11 nominees ‘‘sufficient time to raise the CFR part 104. 11 CFR Part 9003—Eligibility for funds that will be needed.’’ Id. Because For the reasons explained in greater Payments the effective date of these regulatory detail below, the Commission has amendments was June 1, 2000, the pre- decided to modify both 11 CFR 9008.50 11 CFR 9003.1—Candidate and June 1 solicitation prohibition was not and 11 CFR 9008.51 as proposed. See Committee Agreement operative for the 2000 election cycle. Explanation and Justification for new 11 The Commission is making a The Commission has decided to CFR 9008.50(c) and 11 CFR technical amendment to the regulations change the starting date for GELAC 9008.51(b)(1), below. Accordingly, the on candidate agreements in § 9003.1 to solicitations and most deposits to April Commission has decided to change the update the reference to other 1. The earlier primary dates for some title of section 107.2 from ‘‘Registration regulations. Under revised paragraph states in the 2004 Presidential election and reports by host committees and (b)(8), candidates and their authorized cycle are likely to lead to an earlier

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resolution of nomination contests, even permit the deposit of contributions redesignated for the GELAC pursuant to though the later than usual dates for the redesignated by presumption into 11 CFR 110.1(b)(5)(ii)(B). This applies to Presidential nominating conventions in GELACs. Section 9003.3(a)(1)(i)(C) is contributions made during the matching 2004 will mean that the official start of not being revised because the NPRM’s payment period or, pursuant to 11 CFR the general election campaigns will be revisions for this provision incorrectly 9003.3(a)(1)(iv), during the expenditure later in the cycle than usual. Therefore, suggested that a contribution report period. In order to do so, the the June 1 date in the former 11 CFR redesignated by presumption is phrase ‘‘obtains the contributor’s 9003.3(a)(1)(i) and (a)(1)(i)(A) is considered a contribution designated in redesignation for the GELAC’’ is being changed to April 1 of the election year writing. replaced with ‘‘redesignates the as the starting date for GELAC Section 9003.3(a)(1)(ii)(A), which the contribution for the GELAC,’’ and the solicitations and most deposits. NPRM would not have revised, applies citation to 11 CFR 110.1 is being by its terms to ‘‘contributions made clarified to 11 CFR 110.1(b)(5)(i) and 2. Redesignation of Excessive during the matching payment period (ii)(A) or (ii)(B). This provision is also Contributions to the GELAC that do not exceed the contributor’s amended to note specifically that the The Commission is revising its rules limit for the primary election.’’ Because timing requirement in the presumptive governing the sources of GELAC funds presumptive redesignations are limited redesignation regulation, 11 CFR at 11 CFR 9003.3(a)(1) to reflect its to excessive contributions, contributions 110.1(b)(5)(ii)(B)(1), does not apply in recent changes to its rules concerning under this provision can only be this instance due to the operation of the redesignation of excessive redesignated in writing, so the reference section 9003.3(a)(1)(iv). contributions at 11 CFR to ‘‘redesignations’’ in section Contributions made during the 110.1(b)(5)(ii)(B). See Explanation and 9003.3(a)(1)(ii)(A)(3) is being revised to expenditure report period that are Justification for the Rules Governing ‘‘written redesignations.’’ Similarly, the considered made with respect to the Contribution Limitations and citation to 11 CFR 110.1(b)(5) in primary election may not be submitted Prohibitions, 67 FR 69928, 69930–32 § 9003.3(a)(1)(ii)(A)(4) is being revised for matching. See 11 CFR 9034.3(i). (Nov. 19, 2002). These changes allow to refer only to the provisions for Although one commenter supported the authorized committees to redesignate written redesignations, which are 11 matchability of such contributions, the excessive primary contributions to the CFR 110.1(b)(5)(i) and (ii)(A). The Commission continues to consider these general election without obtaining a recordkeeping requirements in 11 CFR contributions to be unmatchable. As signed written document from the 110.1(l) continue to be incorporated by presumptively redesignated contributor under certain citation into § 9003.3(a)(1)(ii)(A)(4). contributions, they were made for a circumstances. Section 110.1(b)(5)(ii)(B) Section 9003.3(a)(1)(iv) continues to purpose other than influencing the allows the candidate’s committee to require that contributions that are made results of a primary election, and presume that the contributor of an after the beginning of the expenditure section 9034.3(i) prohibits matching excessive primary contribution would report period but that are not designated such contributions. not object to a redesignation of any in writing for the GELAC must first be Thus, considered as a whole, the excessive amount to that candidate’s used to satisfy any primary committee revised 11 CFR 9003.3(a)(1) allows a general election, without obtaining debts or repayment obligations before candidate to treat all or part of an written agreement from the contributor they can be redesignated in writing for excessive primary contribution as a for the redesignation. Id. at 69931. The the GELAC. This approach constitutes GELAC contribution, as long as the explanation and justification for this an exception to the usual approach, contribution meets the following rule elaborated that ‘‘if a presidential which would consider these requirements: (1) The contribution was candidate’s authorized committee contributions as made with respect to not designated for a particular election; accepts public funding in the general the general election (i.e., (2) the contribution would exceed the election, the presumption is available to chronologically the next election under primary election contribution any such committees only to the extent 11 CFR 110.1(b)(2)(i)). The Commission limitations if it were treated as a they are permitted to accept believes that the priority for primary primary contribution; (3) the contributions to a general election legal committee obligations should be redesignation would not cause the and accounting compliance fund.’’ Id. at continued for these contributions. contributor to exceed the contribution 69930–31. Consequently, the provision is being limitations; and (4) the treasurer The NPRM proposed revisions to 11 revised to state explicitly that these provides a written notification to the CFR 9003.3(a)(1)(i), (a)(1)(i)(C) and contributions are considered made with contributor within 60 days of receipt of (a)(1)(v) to permit publicly funded respect to the primary election. the contribution of the amount that was Presidential candidates to presume that Additionally, § 9003.3(a)(1)(iv)(C) is redesignated to the GELAC and that the those making excessive contributions being revised to state that the contributor may request a refund. The for the primary election would consent redesignation must be written; it is not Commission notes that presumptively to the redesignation of their presumptive. The contributions subject redesignated contributions to the contributions to the candidate’s GELAC. to redesignation under section GELAC must be refunded if the The three commenters who addressed 9003.3(a)(1)(iv) are those that do not contributor requests a refund or, as with this issue supported these proposed exceed the contributor’s limit for the all other contributions accepted for the changes. primary election. These revisions were GELAC, within 60 days of a candidate’s The Commission has decided to not in the NPRM, but they are consistent date of ineligibility (‘‘DOI’’) if the revise its rules to reflect the adoption of with the proposal, which would not candidate does not become the the presumptive redesignations for the have revised the primary preference and nominee. See 11 CFR 9003.3(a)(1)(i)(A). GELAC, with several changes from would have limited presumptive The NPRM also sought comment on proposed 11 CFR 9003.3(a)(1) to clarify redesignation to excessive expressly allowing excessive the operation of the rule and contributions. contributions to a GELAC to be presumptive redesignations. Section Revisions to § 9003.3(a)(1)(v) make presumptively redesignated to a 9003.3(a)(1)(i) is being revised to delete clear that excessive primary Presidential candidate’s authorized the phrase ‘‘by the contributor’’ to contributions can be presumptively committee for the primary election,

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based on the conditions delineated at 11 and 9038.3 in addition to general expenditures subject to the primary CFR 110.1(b)(5)(ii)(C). The election repayments under 11 CFR expenditure limit. Commission’s rules at 11 CFR 9007.2. This amendment to the GELAC In reaching its decision, the 110.1(b)(5)(ii)(C) allow authorized rules is based on the Commission’s Commission considered that the committees to redesignate excessive interpretation of 2 U.S.C. 439a(a)(1), primary and general election campaign contributions presumptively to the which permits contributions to be used committees are simultaneously winding primary election, under certain ‘‘for otherwise authorized expenditures down following the expenditure report conditions. One commenter supported in connection with the campaign for period and often share salary, overhead, the proposal to apply these rules to the Federal office of the candidate or and computer expenses. In addition, the GELAC. individual.’’ This statutory language is primary and general election The Commission has determined that sufficiently broad to encompass primary committees often share winding down no further changes to §9003.3(a)(1) in election repayments. The effect of this expenses related to legal and accounting this regard are necessary because there revision, combined with the revisions to compliance such as attorneys and are no other GELAC contributions that 11 CFR 9003.3(a)(2)(iv) described below, accountants. The regulation at 11 CFR could be presumptively redesignated for is to require Presidential candidates to 9034.4(a)(3)(iii) recognizes that a the primary election. Contributions that use their GELAC funds for their primary significant amount of winding down are designated in writing by the committee repayments before any funds activity during this period is related to contributors for the GELAC would be remaining in the GELAC can be compliance and allows primary ineligible for redesignation by dispensed pursuant to 2 U.S.C. 439a. campaigns to treat 100% of salary, presumption pursuant to 11 CFR Thus, this revision imposes an overhead, and computer costs during 110.1(b)(5)(ii)(C)(2). Contributions that obligation on GELACs as much as it this period as legal and accounting are not designated in writing for the permits such funds to be used to satisfy compliance expenses exempt from the GELAC will be considered made with debts to the United States Treasury. expenditure limitations. Similarly, respect to the primary election, except former 11 CFR 9004.4(a)(4)(iii) when the conditions for depositing 11 CFR 9003.3(a)(2)(i)(I)—Winding presumed these expenses were for them in the GELAC pursuant to 11 CFR Down Expenses compliance and therefore exempted 9003.3(a)(1)(iv) are satisfied. If these The NPRM proposed revisions to 11 them from the general election contributions exceed the contributor’s CFR 9003.3(a)(2)(i) to restore a provision expenditure limitation pursuant to 11 primary election contribution limit, they related to the use of GELACs for general CFR 9002.11(b)(5). Permitting the may be presumptively redesignated election winding down expenses. In GELAC to pay salary, overhead, and pursuant to revised §9003.3(a)(1)(v). 1995, the Commission adopted 11 CFR computer costs after the end of the 9004.4(a)(4)(iii), which stated that 100% expenditure report period for both the 11 CFR 9003.3(a)(2)—Uses of salary, overhead, and computer primary and general election The rule on the uses of GELAC funds expenses incurred by a campaign after committees will allow candidates who is being revised to update the the end of the expenditure report period run in both the primary and general permissible uses of GELAC funds may be paid from a GELAC, and that elections to choose to pay these costs consistent with BCRA and to otherwise such expenditures will be presumed to from the GELAC. Because these improve the rule. be solely to ensure compliance with the expenses are exempt from both the FECA and the Fund Act. 60 FR 31875 11 CFR 9003.3(a)(2)(i)(D)—Primary primary and general election (June 16, 1995). This paragraph was Repayments expenditure limits, the concerns about included in the 1996 through 1999 one publicly financed campaign funding The NPRM proposed amending the editions of the Code of Federal another are reduced. Any primary rule on the permissible uses of GELAC Regulations, but was inadvertently winding down costs not entitled to the funds to permit Presidential candidates omitted from the 2000 through 2003 compliance exemption will be subject to to use GELAC funds to make any editions. The Commission is reinstating the primary expenditure limit, even if repayments owed by their authorized this important provision, with certain paid by the GELAC. Primary winding committee for the primary election. revisions discussed below, and moving down costs paid by the GELAC must be GELACs are permitted to make general it to 11 CFR 9003.3(a)(2)(i)(I). No included on the Statement of Net election repayments under 11 CFR commenters addressed this rule. Outstanding Campaign Obligations 9007.2, and the proposed revisions at 11 In addition, the Commission has pursuant to 11 CFR 9034.5(a)(1). A CFR 9003.3(a)(2)(i)(D) specified that decided to add primary election receivable from the GELAC must also be GELACs may also make primary winding down costs incurred after the listed for any primary winding down campaign repayments required under 11 end of the expenditure report period to costs paid with GELAC funds. 11 CFR CFR 9038.2 or 9038.3. One commenter the rule on permissible uses of GELAC 9034.5(a)(2)(iii). Any winding down stated the revision is justified, provided funds at new 11 CFR 9003.3(a)(2)(i)(I). costs paid by the GELAC will not count the rule does not require that Two commenters addressed this toward either winding down limitations repayments must be made before other proposal. One commenter expressed in new 11 CFR 9004.11(b) or 9034.11(b). permissible uses of GELAC funds under opposition to GELACs in general and, The Commission acknowledges that paragraphs (a)(2)(i)(A) through (H). The by extension, any expansion of primary candidates who do not compete only other commenter opposed the permissible uses of GELACs. Another in the general election will not have proposed revision, based on an commenter thought it unfair to permit GELAC funds available for their expressed opposition to GELACs in candidates who run in both the primary winding down costs. This result is general. and the general elections to use GELACs unavoidable, however, because FECA’s The Commission has decided to to pay primary winding down costs, contribution limits are per election. See revise 11 CFR 9003.3(a)(2)(i)(D) to while primary candidates who do not 2 U.S.C. 441a. Thus, contributors to specify that the GELAC may be used to compete in the general election are candidates who compete only in the make repayments owed by the required to refund GELAC primary are limited to contributing for candidate’s primary campaign contributions. This commenter also that election only; while contributors to committee pursuant to 11 CFR 9038.2 faulted the use of any GELAC funds for candidates who compete in both the

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primary and general elections may 9003.5. Section 9003.5 is being revised written contract for monetary bonuses, contribute the full amount for both the to clarify that publicly funded general and whether to create possible primary election and the GELAC. The election candidates must comply with additional or different controls. authorization to use GELAC funds to both the general rules at §102.9(b), as The Commission has decided to pay primary winding down expenses well as the specific rules applicable to narrow the requirements with respect to does not cause the different treatment, publicly funded general election when a written contract will be required and it cannot justify permitting primary candidates governing the for monetary bonuses. Because the candidates to receiving contributions of documentation of disbursements in 11 Commission does not require written twice the per-election limit. CFR 9003.5(b). No commenters contracts for other employer-employee addressed this revision. relationships, the new rule is more 11 CFR 9003.3(a)(2)(iv)—Funds narrowly tailored to address the purpose Remaining in the GELAC 11 CFR Part 9004—Entitlement of of the restriction. The previous The rule at 11 CFR 9003.3(a)(2)(iv) Eligible Candidates to Payments; Use of regulation was promulgated in reaction concerning the use of GELAC funds is Payments to a publicly funded campaign paying being revised to update the permissible 11 CFR 9004.4—Use of Payments; large monetary bonuses after the uses of GELAC funds consistent with Examples of Qualified Campaign election upon discovery of excess public BCRA. The previous rule at 11 CFR Expenses and Non-Qualified Campaign funds. The new rule addresses that 9003.3(a)(2)(iv) stated that if there are Expenses abuse more directly while not otherwise ‘‘excess campaign funds’’ after payment limiting employment arrangements, in of all expenses set forth in Section 9004.4, which concerns recognition of the absence of an §9003.3(a)(2)(i), such funds may be used qualified and non-qualified campaign incentive to waste public funds before for any purpose permitted under 2 expenses, is being revised in several the date of the election. Therefore, the U.S.C. 439a and 11 CFR part 113, respects. First, the section heading for new rule requires a written contract including payment of primary election 11 CFR 9004.4 is being modified to only when monetary bonuses are paid debts. indicate that it contains examples of after the election. BCRA amended 2 U.S.C. 439a to qualified campaign expenses and non- eliminate its reference to ‘‘excess qualified campaign expenses. Previous 11 CFR 9004.4(b)(3)—Non-Qualified campaign funds,’’ and the Commission §9004.4(a)(4)(ii) is being renumbered as Campaign Expenses revised 11 CFR part 113 accordingly. §9004.4(a)(5) to clarify that accounts Section 9004.4(b) lists non-qualified See Disclaimers, Fraudulent payable costs are a separate type of campaign expenses. Paragraph (b)(3) Solicitation, Civil Penalties, and qualified campaign expense from previously stated that any expenditures Personal Use of Campaign Funds, 67 FR winding down costs. There were no incurred after the close of the 76962, 76978–79 (Dec. 13, 2002). The comments on these changes. expenditure report period were not rule governing the use of GELAC funds Second, the rules on winding down qualified campaign expenses except to is being revised to replace the reference costs are being moved from paragraph the extent permitted as winding down to ‘‘excess campaign funds’’ in 11 CFR (a)(4) to new §9004.11. Revised 11 CFR costs or accounts payable under 11 CFR 9003.3(a)(2)(iv) with ‘‘funds remaining 9004.4(a)(4) provides that payments 9004.4(a)(4). Section 9004.4(b)(3) is in the GELAC’’ to clarify that only funds from the Presidential Election Campaign being clarified to state specifically that that are not needed for GELAC expenses Fund may be used to defray winding accounts payable pursuant to newly may be used for the purposes permitted down costs pursuant to 11 CFR 9004.11, redesignated 11 CFR 9004.4(a)(5) and under 2 U.S.C. 439a and 11 CFR part which contains new rules on winding winding down costs pursuant to new 113. All of the commenters who down costs and is discussed below. §9004.11, discussed below, are addressed this proposed change 11 CFR 9004.4(a)(6)—Gifts and Bonuses considered qualified campaign supported it, provided the purposes expenses. There were no comments on permitted under 2 U.S.C. 439a and 11 The NPRM proposed revising the these changes. rules governing payment of gifts and CFR part 113 continue to be permissible 11 CFR 9004.11—Winding Down Costs uses of funds remaining in the GELAC, bonuses by general election candidates which they are. at newly redesignated 11 CFR During the audit and repayment The Commission also is revising 11 9004.4(a)(6). The rules allow gifts and process, Presidential committees and CFR 9003.3(a)(2)(iv) to state expressly bonuses to be treated as qualified the Commission’s auditors estimate that GELAC funds must not be used for campaign expenses for general election costs associated with terminating the the purposes permitted under 2 U.S.C. candidates if they meet certain campaign and complying with the post- 439a and 11 CFR part 113 that are conditions. Under 11 CFR 9004.4(a)(6), election requirements of the Fund Act beyond the uses listed in 11 CFR gifts for committee employees, and FECA, and may sometimes reach 9003.3(a)(2) until the completion of the consultants and volunteers in substantially disparate winding down audit and repayment process, which recognition of campaign-related estimates. Issues have arisen as to the includes making any repayments owed. activities or services are limited to $150 appropriate amounts and types of No commenters addressed this per individual recipient and a total of winding down expenses and as to the provision. $20,000 for all gifts. Monetary bonuses length of time committees need to wind for employees and consultants in down. These disputes have lengthened 11 CFR 9003.5—Documentation of recognition of campaign-related the audit and repayment processes for Disbursements activities or services must be provided some campaigns. Both actual and Commission regulations in 11 CFR for pursuant to a written contract made estimated future winding down costs 102.9(b) describe the requirements for prior to the general election and must be are included in a general election the documentation of disbursements paid no later than 30 days after the end candidate’s Statement of Net applicable to all political committees. of the expenditure report period. Id. The Outstanding Qualified Campaign Additional documentation requirements NPRM sought comment as to whether to Expenses (‘‘NOQCE’’). Consequently, if for publicly funded general election limit the amounts of gifts and bonuses, the Commission auditors’ figures are committees are set forth in 11 CFR whether to retain the requirement of a lower than the committee’s estimates, a

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dispute may arise in determining the although general election candidates to the proposed winding down candidate’s NOQCE and any surplus may not plan to reserve much money limitation. Of three publicly funded funds or resulting repayment. from active campaigning for winding general election candidates, one would Disallowed winding down expenses can down expenses, to the extent some of have spent less than 1% of the increase the amount of any surplus them have remaining public funds after expenditure limitation, the second funds and the resulting repayment the election, using them for winding would have spent less than 2% of his determination, or for primary election down costs may be preferable to expenditures, while the third would candidates, the disallowed expenses can repaying them. have spent only slightly more than the decrease a candidate’s entitlement to One commenter noted that the winding down limitation of 2.5% of the additional matching funds. candidate’s burden to demonstrate and expenditure limitation. The last To avoid these disputes in the future, document that winding down costs are committee paid some of its winding the Commission has decided to place qualified campaign expenses to avoid a down expenses with GELAC funds, certain reasonable restrictions on the repayment deters unreasonable winding which reduced its winding down costs amount of public funds used for down expenses. Others pointed out that to less than 2% of the expenditure winding down expenses. Thus, a new winding down costs are not necessarily limitation. rule in 11 CFR 9004.11 is being added related to the amount of expenditures The ‘‘winding down limitation’’ in regarding general election candidates’ made by a campaign and that under- new § 9004.11(b) limits the total amount winding down expenses. A comparable funded campaigns may have high of publicly funded winding down new rule applicable to primary election winding down expenses because they expenses for general election candidates candidates is located in new 11 CFR did not have sufficient funds for to the lesser of: (1) 2.5% of the 9034.11, which is discussed below. compliance during the campaign and expenditure limitation; or (2) 2.5% of might need to spend more on post- the total of: (A) the candidate’s 11 CFR 9004.11(a)—Definition of election record reconstruction. Some expenditures subject to the expenditure ‘‘Winding Down Costs’’ noted that the costs of defending a limitation as of the end of the New 11 CFR 9004.11(a) contains the campaign in enforcement matters, expenditure report period; plus (B) the definition of winding down costs audits, repayment determinations, and candidate’s expenses exempt from the previously found in 11 CFR other legal proceedings are unrelated to expenditure limitation, such as 9004.4(a)(4). The new definition is not the amount of the candidate’s fundraising expenses, as of the end of significantly changed from the previous expenditures, and that complaints and the expenditure report period. Basing one, except that it clarifies that winding law suits may be politically motivated. the winding down limitation on a down costs include post-election Some expressed concern that winding candidate’s expenditures or on the requirements of both FECA and the down restrictions would result in maximum expenditure limitation Fund Act. numerous surplus repayments by recognizes that larger campaigns will 11 CFR 9004.11(b)—Winding Down primary candidates after their winding generally have more winding down down in excess of the restrictions is expenses than smaller campaigns. Limitation disallowed, and candidates would have Notwithstanding the amount The NPRM proposed two restrictions to raise private funds to defend determined based on these calculations, for general election winding down costs: themselves and defray winding down the new rule permits all general election a temporal restriction and a monetary costs long after the election is over. candidates to spend at least $100,000 on limitation of 2.5% of the general Another argument against the winding winding down costs. The $100,000 election spending limit. down limit was that public funding is allowance recognizes that all publicly Several commenters opposed the intended to reduce reliance on private funded committees incur certain restrictions proposed in the NPRM. contributions and that limiting winding winding down expenses related to the Some believed publicly funded down while allowing winding down requirements of the audit and Presidential campaigns do not have an costs to be paid from the GELAC would repayment process that do not vary with incentive to inflate their winding down encourage candidates to rely more the total amount of the committees’ expenses because primary candidates heavily upon private funds in the expenditures. would prefer to repay the ratio portion GELAC to meet legitimate and Based in part on the 2000 winding of any surplus funds, in order to have unavoidable campaign expenses. down data and experience in prior flexibility in spending the remaining On the other hand, one commenter election cycles, the Commission is surplus, and because general election argued that the three general election satisfied that campaigns can wind down candidates would prefer to use limited campaigns in 2000 that wound down for in compliance with the 2.5% limit public funds over the course of the less than the proposed limit show that without any hardship and that the election. the limit is unnecessary because limitation will affect only campaigns The Commission disagrees. In the candidates would only exceed the limit with unusually high winding down Commission’s experience, some under extraordinary circumstances. costs. The monetary limitation is candidates might have incentives to necessary to ensure that publicly funded prolong and increase their winding 1. Monetary Limit campaign committees wind down as down activity, either to maximize their The Commission has decided to adopt quickly and efficiently as possible and entitlement or to consume any new 11 CFR 9004.11(b), which do not inflate winding down costs in remaining public funds while establishes a monetary limitation on the order to avoid a surplus repayment to minimizing potential surplus total amount of general election winding the United States Treasury. The repayments. Although primary down expenses that may be paid for monetary limitation establishes a fair candidates have more flexibility in with public funds. In considering this and readily determined amount to spending surplus funds after making a issue, the Commission reviewed the ensure that all campaigns are treated pro rata repayment, this benefit is amounts spent for winding down costs consistently with respect to winding outweighed by the possibility of by publicly funded candidates during down costs and that public funds are significantly reducing a potential the 2000 election cycle and compared used in accordance with statutory repayment by contesting it. Similarly, their approximate winding down costs purposes.

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The Commission expects that most candidates who may solicit mixture of public and private funds for PCCs of Presidential candidates will contributions to make up a deficiency in winding down costs and will not limit incur winding down expenses public funds received. See 11 CFR the payment of winding down expenses substantially below the new dollar 100.152, 9003.3(b) and (c). Those from private contributions in a limitations. Campaigns with unusually general election candidates who may candidate’s GELAC. Thus, expenses for high compliance costs may use their solicit contributions may also exempt legal and accounting compliance costs GELAC or a primary candidate’s private legal and accounting compliance paid for with public funds count against funds after no public funds remain in expenses from their expenditure the winding down limitation, but any the candidate’s accounts to pay for such limitations. See 11 CFR 100.146, winding down costs paid by a GELAC expenses. Paying winding down 9003.3(b) and (c). Expenses for do not. expenses with a GELAC is justified transportation of Secret Service and 11 CFR 9004.11(c)—Allocation of because a large amount of winding national security staff and media Primary and General Winding Down down expenses are related to transportation expenses that are Costs compliance and most winding down reimbursed by the media do not count expenses are not directly related to against the expenditure limitations. See Candidates who run in both the active campaigning. 11 CFR 9004.6(a), 9034.6(a). Thus, the primary and general elections must In practice, the winding down exempt expenses considered under allocate winding down expenses limitation for fully funded major party § 9004.11(c)(2)(ii) will include all three between the primary and general general election candidates will be the of the types of exempt expenses. election campaigns. This can be maximum winding down limitation, For purposes of calculating the complicated during the period after the 2.5% of the expenditure limitation for amount of the winding down limitation general election because both campaigns general election candidates under under §9004.11(b)(2), a candidate’s are winding down simultaneously, often § 9004.11(b)(1). This maximum winding expenses will include both using the same staff, offices, equipment, down limitation is calculated based disbursements and accounts payable as vendors and legal representatives. To upon a percentage of the general of the end of the expenditure report simplify the allocation, the NPRM election candidate’s expenditure period for the following categories of proposed that committees could divide limitation pursuant to 2 U.S.C. 441a(b), expenses (as listed on page 2 of FEC winding down costs between the similar to the calculation of the 20% Form 3P): operating expenses (line 23), primary and general campaigns using fundraising exemption or the 15% fundraising (line 25), exempt legal and any allocation method, including compliance exemption. See 11 CFR accounting (line 26), and other allowing either the primary or the 100.146, 100.152, and 9002.11(b)(5). disbursements (line 29). The following general campaign to pay 100% of Currently, the general election payments should not be included in the winding down expenses. expenditure limitation is equal to expenses used to calculate the winding One commenter advocated allowing $72,960,000, so the 2.5% limit would down limitation: transfers to other campaigns to use any reasonable equal $1,824,000.1 authorized committees (line 24), loan method that would require expenses In contrast, the winding down repayments (line 27), or contribution indisputably related to one election be limitation for most minor party general refunds (line 28). paid as winding down expenses of that election candidates will equal 2.5% of The winding down limitation election while shared winding down their expenses during the expenditure calculation does not include any expenses such as legal fees could be report period under section expenditures in excess of the general allocated on any reasonable basis 9004.11(c)(2).2 The final rule addresses election candidate’s expenditure reflecting a good-faith estimate. The final rules in new 11 CFR the calculation of the winding down limitation; thus, making expenditures or 9004.11(c) allow a candidate who runs limitation for those general election accepting in-kind contributions that in both the primary and general election candidates who may solicit exceed the expenditure limits would not to divide winding down costs between contributions by calculating the total of provide a basis for an increased winding the primary and general campaigns their expenditures subject to the limit, down limitation. In addition, the new using any reasonable allocation method. § 9004.11(b)(2)(i), plus their exempt rule restricts the expenses used to The final rule also specifies that an expenses, § 9004.11(b)(2)(ii). The calculate the winding down limitation allocation method will be considered calculation includes exempt expenses to the period prior to the end of a general election candidate’s expenditure reasonable if it divides the total winding such as fundraising and legal and down costs between the primary and accounting compliance costs to reflect report period to prevent candidates from increasing their winding down general election committees and results the actual size of the campaign that is in no less than one third of total winding down. The fundraising limitation by spending more for winding down expenses. winding down costs allocated to each exemption for general election committee. With this provision, the candidates is applicable only to those 2. Expenses Subject to Winding Down Commission has created a range of candidates who may accept Limitation winding down cost allocations between contributions to defray qualified All expenses incurred and paid by a a candidate’s primary and general campaign expenses pursuant to 26 candidate during the winding down election authorized committees that will U.S.C. 9003(b)(2) or 9003(c)(2), i.e., period, including fundraising costs, are be considered per se to be the result of minor party candidates and major party subject to the new winding down a reasonable method and therefore in limitation in new 11 CFR 9004.11. compliance with this requirement. If 1 Before the 2004 general election, the general election expenditure limit under 2 U.S.C. Under the new rule, the use of public particular circumstances require a 441a(b)(1)(B) is subject to an additional annual funds to pay for winding down candidate to allocate winding down adjustment under 2 U.S.C. 441a(c). expenses in excess of these restrictions costs so that one of the two committees 2 If major party candidates were required to solicit will constitute a non-qualified campaign is allocated less than one third of the contributions to make up a deficiency in public funds, the winding down limitation would also expense that may be subject to total costs, with the other necessarily equal 2.5% of their expenses during the repayment. However, these restrictions being allocated more than two thirds, expenditure report period. apply to the use of public funds or a those committees will be required to

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demonstrate that their allocation compliance process is often used for Alternative Proposals to Winding Down method was reasonable. This new rule political ends. This commenter further Restrictions will give candidates the flexibility to noted that campaigns and the The NPRM sought comment on allocate their winding down expenses Commission regularly dispute factual disallowing the use of public funds to based on the particular circumstances of and legal issues, and responding to a pay any winding down costs. Under their campaigns. Winding down activity compliance matter is an unwanted such an alternative, a primary election for some candidates may be largely or diversion that does not advance the candidate would not have been entirely focused on one election. For candidate’s campaign. The commenter permitted to use public funds to pay for example, candidates who do not receive also suggested that candidates should any expenses incurred after the public funds for the general election have the option of a separate legal candidate’s DOI or any expenses for might concentrate winding down defense account similar to a GELAC. In goods or services to be used after the activity on their publicly funded addition, this commenter suggested that DOI. A general election candidate primary committee. In addition, recent changes to the public financing would not have been permitted to use candidates might concentrate winding rules, such as the limitation on the public funds to pay for any expenses down efforts and expenses on the timing for creating a GELAC, limiting incurred after the end of the committee that must address more legal and compliance costs to 15% of expenditure report period or any difficult and complex issues in the audit the primary spending limit and the new expenses for goods or services to be and repayment process or that have limits on winding down costs, used after the end of the expenditure larger potential repayments. Any discourage spending money on report period. winding down costs paid by the GELAC compliance. Two commenters opposed this can be allocated to either the primary or As discussed above, winding down proposal. One commenter argued that the general election committees for this costs resulting from compliance actions 26 U.S.C. 9038(b)(3), which requires purpose, although they will not count were considered in determining the candidates to retain matching funds ‘‘for toward either winding down limitation winding down limitations. This new the liquidation of all obligations to pay in new 11 CFR 9004.11(b) or 9034.11(b). rule allows candidates to classify compliance matters arising from the qualified campaign expenses for a Temporal Limits campaign as winding down costs. To period not exceeding 6 months after the The NPRM proposed a temporal the extent that such costs fall within the end of the matching payment period’’ restriction on winding down expenses, specified limitations, candidates may and ‘‘promptly’’ to repay a ratio of any the ‘‘winding down period,’’ based on use public funds to pay for them. This surplus funds, is not determinative as to the length of a committee’s audit and rule is consistent with the Commission’s whether winding down costs are repayment process, including the prior practice. In addition, new 11 CFR qualified campaign expenses because administrative review of the repayment 9004.11(a) clarifies that winding down the statute contemplates a completely determination. Several commenters costs include the costs of complying different system than the current audit opposed these temporal limits because with both the FECA and the Fund Act process administered by the after the expiration of this period, (e.g., costs related to the audit and Commission. This commenter asserted campaigns may be involved in repayment processes and reporting and that the statute envisioned that all enforcement actions, repayment recordkeeping, as well as costs incurred issues related to the campaign, determination court challenges, in responding to compliance matters). If including the audit, repayment and investigations by other government a general election candidate exceeds the enforcement matters would conclude entities, or other lawsuits. winding down limitations, private funds within six months and advocated a The Commission believes that the will be available through their GELAC complete overhaul of the audit and winding down monetary limitation will for compliance expenses related to related enforcement process if winding be sufficient to address its concerns that enforcement matters. For primary down costs were to be limited. Another winding down be completed candidates, private funds will be commenter stated that winding down expeditiously. Therefore, the available once the public funds in the expenses are unavoidable costs of a Commission has decided not to include candidates’ accounts have been campaign, and that changing the rules any temporal limitation in the final rule exhausted. would make candidates spend more at 11 CFR 9004.11. Because the time raising private funds to pay for Combining Primary and General these unavoidable costs, which could Commission is not including the Winding Down Limitations temporal limit in the final rule, it is also prolong the life of losing campaigns that not making the conforming changes The Commission also considered must seek contributions to pay winding proposed in the NPRM to 11 CFR whether to allow candidates who accept down costs. 9004.9(a)(4) and 9034.5(b)(2) that would public funds for both the primary and The Commission is retaining its long- have referred to the winding down general elections to combine their standing treatment of winding down period in the sections discussing primary and general election winding costs as qualified campaign expenses. NOQCE and NOCO statements. down limitations into a joint monetary Although winding down costs are a limit for the total winding down category of qualified campaign expenses Other Winding Down Proposals expenses of both committees. The not specifically identified in the Fund The NPRM also proposed increasing Commission decided not to make this Act or the Matching Payment Act, it is allowable winding down expenses to change because primary and general necessary to allow them to ensure that reflect the number of compliance election winding down expenses are candidates may respond adequately actions involving a Presidential legally distinct and a candidate’s during the audit, repayment and candidate’s campaign committee. primary and general election enforcement processes. One commenter stated that the committees are generally treated as The NPRM also presented a second Commission should not limit the use of separate entities; thus, they should be alternative approach to winding down public funds for costs related to required to adhere to separate winding costs which would have more precisely compliance actions because candidates down limitations. See new 11 CFR delineated the types of winding down do not elect these expenses, and the 9004.11(a) and 9034.11(a). costs that are permissible, consisting of

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staff salaries, legal and accounting 11 CFR 9008.7(a)(4)(xii)—Use of contribution limit from the national services, office space rental, utilities, Funds—Gifts and Bonuses committee’s limit. The NPRM also sought comment on computer services, other overhead The NPRM sought comment on the contribution limit that should apply expenses, consultants, storage, revising the rules governing the to contributors who wish to contribute insurance, office supplies and payment of gifts and bonuses by to both the CLAF and to the political fundraising expenses. One commenter primary and general election candidates committees established and maintained said this alternative could be useful if and by convention committees. The by the same national political party. The the list is not intended to be exhaustive, Commission has decided to make only commenter to address this issue because of the possibility of unforeseen changes to 11 CFR 9008.7(a)(4)(xii), argued that allowing convention but legitimate types of winding down governing gifts and bonuses for committees to establish CLAFs would costs. convention committees, to make that The Commission has decided not to amount to effectively doubling the section more consistent with the rules national party contribution limit in 2 adopt this alternative approach because governing primary and general election it is unlikely to resolve the issues that U.S.C. 441a(a)(1)(B) by allowing a donor committees. See newly redesignated 11 to make two contributions up to the have arisen and could generate more CFR 9004.4(a)(6) and 9034.4(a)(5). issues. Disputes over winding down national party limit, one to the national Specifically, the structure of the section party itself and the other to the CLAF. expenses often concern the appropriate is being changed to separate the amounts spent for particular expenses, The commenter challenged the requirements for gifts from those for Commission’s authority to allow the appropriate length of time a bonuses. The new paragraph on bonuses campaign should continue to need convention committees to establish requires that bonuses paid after the last CLAFs because the receipt of public certain goods or services, and whether date of the convention to committee the campaign committee has provided money by convention committees is staff and consultants in recognition of conditioned on their abiding by set sufficient documentation of expenses convention-related activities or services rather than focusing on the type of spending limits. The commenter also must be provided for pursuant to a asserted that CLAFs would allow ‘‘the expenditure. A list of permissible written contract made prior to the date winding down expenses would not infusion of private money into a system of the convention, and must be paid no where Congress intended the party address these frequently disputed later than 30 days after the convention. issues, nor would it reduce the amount spending to be fully financed with of winding down expenses. 11 CFR 9008.8—Limitation of public funds.’’ Please note that the Commission Expenditures The Commission has decided that made no changes to 11 CFR permitting the national party The NPRM proposed two revisions to committees to pay compliance expenses 9008.10(g)(7), governing winding down 11 CFR 9008.8. The first proposal was costs of convention committees. of the convention committee under 11 to revise references in the title and text CFR 9008.8(b)(4)(ii) adequately 11 CFR Part 9008—Federal Financing of paragraph (b)(2) to reflect the addresses this issue. Therefore, the of Presidential Nominating Conventions proposed new definition of ‘‘municipal Commission has decided not to allow fund’’ in 11 CFR 9008.50(c). 68 FR at convention committees to establish 11 CFR 9008.3—Eligibility for Payments; 18508. As explained below, the Registration and Reporting separate legal and accounting Commission is adopting the proposed compliance funds as proposed in the The Commission has decided to definition of ‘‘municipal fund.’’ See NPRM. revise the convention committee Explanation and Justification for new 11 In addition to the proposals in the reporting requirements in 11 CFR CFR 9008.50(c). Thus, the Commission NPRM, the Commission is revising 11 9008.3 to require convention is revising 11 CFR 9008.8(b)(2) to CFR 9008.8(b)(4)(ii)(B), which committees to submit a copy of all change the references in this provision previously stated the contribution limits written contracts and agreements they from ‘‘municipal corporations’’ to for contributions to national political make with the cities, counties, or States ‘‘municipal funds.’’ The NPRM also party committees from persons and from hosting the convention or any host proposed deleting ‘‘government multicandidate committees. BCRA committee or municipal fund. See new agencies.’’ However, because some State amended the first of those two limits 11 CFR 9008.3(b)(1)(ii). Convention or local governments may directly make and indexed the limitation to inflation. committees, host committees, and convention expenditures, the references Therefore, the Commission is revising municipal funds are also required to to government agencies are retained. the regulation to refer to the amounts submit any subsequent modifications to The second proposal in the NPRM permitted under 11 CFR 110.1(c) and a previous contract or agreement. was to revise 11 CFR 9008.8(b)(4)(ii)(B) 110.2(c). The Commission believes that it is to permit convention committees to necessary to have copies of all such establish separate legal and accounting 11 CFR 9008.10—Documentation of agreements in order to understand fully compliance funds (‘‘CLAF’’). 68 FR at Disbursements; Net Outstanding the obligations that each of those 18512. Under this proposal, Convention Expenses entities has agreed to assume with contributions to CLAFs would only The requirements for the respect to the convention. Such have been permitted to be used to pay documentation of disbursements contracts must be submitted with the for legal and accounting services related applicable to all committees are report for the applicable reporting to compliance with FECA and the Fund described in 11 CFR 102.9(b). period. Related changes are also being Act. Disbursements from the CLAF for Additional documentation requirements made to the host committee and legal and accounting compliance for publicly funded convention municipal fund reporting requirements. services would not have been committees are set forth in 11 CFR See Explanation and Justification for 11 considered ‘‘expenditures’’ and, 9008.10. The introductory language in CFR 9008.51, below. The wording of the therefore, would not have counted section 9008.10 is being revised to state final rule is being slightly clarified from against the convention committee’s that the requirements in this section are the proposed rule, which was not expenditure limit in 11 CFR 9008.8. The in addition to the requirements of 11 addressed by any of the commenters. CLAF would have had a separate CFR 102.9(b) governing the

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documentation of disbursements. activities would be required, under the committee and municipal fund Adding this reference to 11 CFR proposed definition, to use a separate registration and reporting requirements. 102.9(b) will assist the reader in locating account for such purposes. Comment With respect to the registration these other pertinent provisions. was sought on whether any other requirements, 11 CFR 9008.51(a) is restrictions should be imposed on being revised to require host committees 11 CFR 9008.12—Repayments municipal funds to ensure that funds and municipal funds to file FEC Form The Commission is revising 11 CFR received or disbursed by municipal 1 (Statement of Organization) within ten 9008.12(b)(7) to reflect changes in other funds are used solely for the purpose of days of the date on which the national portions of the convention regulations. promoting the city and its commerce, party chooses the convention city or ten First, two references within paragraph such as limiting them to accounts days after the host committee or (b)(7) are being changed to reflect the subject to audit by State or local public municipal fund is formed, whichever new definition of ‘‘municipal fund’’ in agencies. date occurs later. 11 CFR 9008.50(c). See Explanation and No commenters addressed this topic. These new registration requirements Justification for 11 CFR 9008.50, below. The Commission believes that it is differ from the former requirements in Second, the Commission is deleting helpful to add a definition of two respects. First, the former provision the final clause in paragraph (b)(7), ‘‘municipal fund.’’ Accordingly, the required host committees and municipal which had identified donations from a Commission has decided to adopt the funds to file a ‘‘Convention Registration nonlocal businesses as impermissible proposed definition of ‘‘municipal Form,’’ not a Statement of Organization. host committee/municipal fund fund,’’ which is located in paragraph (c) Second, the former provision required contributions, to reflect its deletion of of 11 CFR 9008.50. This provision host committees and municipal funds to the requirement in 11 CFR 9008.52(c) defines a municipal fund as a fund or register within ten days of the date on and 11 CFR 9008.53(b) that only local account of a government agency, which the party selected the convention entities and individuals may make municipality, or municipal corporation. city. donations to host committees and The definition distinguishes a municipal funds to defray convention municipal fund from a host committee, The NPRM sought comment on the expenses. See Explanation and in part, by limiting municipal funds to change in the registration deadline, as Justification for 11 CFR 9008.52 and 11 those funds or accounts of a government well as an alternative deadline that CFR 9008.53, below. The final rules agency, municipality, or municipal would have required host committees substantially follow the proposed rules, corporation, and ‘‘whose receipt and use and municipal funds to register within which were not addressed by any of the of funds is subject to the control of 10 days of when they first solicit or commenters. officials of the State or local accept donations or make disbursements for convention activities. No Subpart B—Host Committees and government.’’ When engaged in activities that promote an area and its commenters specifically addressed the Municipal Funds Representing a proposed changes to the host committee Convention City commerce, State and local governments participate in a wide variety of and municipal fund registration 11 CFR 9008.50—Scope and Definitions organizations that often permit the requirements in 11 CFR 9008.51(a). The NPRM noted that host private sector to participate in some With respect to the proposal to committees and municipal funds have role. The Commission intends that require host committees and municipal evolved to the point where their roles in municipal funds will be limited to the funds to register using FEC Form 1, the convention financing are increasingly group of such organizations whose Commission notes that host committees similar but the Commission’s rules had funds are under the control of State or and municipal funds typically use this treated them differently. 68 FR at 18507. local government officials acting in their form already. Therefore, the The NPRM sought public comment on official capacities when they receive Commission has decided to adopt the whether host committees and municipal and disburse funds. Any organizational proposed change requiring host funds should be treated the same. structure that includes public officials committees and municipal funds to One discrepancy in the regulations in some capacity but does not keep the register using Form 1. relating to host committees and funds under governmental control The Commission is adopting the municipal funds was that the rules cannot qualify as a municipal fund, but proposal to require host committees and defined ‘‘host committee,’’ in 11 CFR may qualify as a host committee. For municipal funds to file within 10 days 9008.52(a), but did not define example, if a local civic association of their formation or within 10 days of ‘‘municipal fund.’’ 68 FR at 18507–08. includes a city’s mayor as an officer, but convention city selection, whichever The NPRM proposed to add a definition the association’s funds are not date occurs later. This change represents of ‘‘municipal fund’’ in new paragraph maintained in a city account, the local a more realistic timeframe, in that it (c) of 11 CFR 9008.50, and to move the civic association could not be a accounts for the possibility that not all definition of ‘‘host committee’’ from 11 municipal fund, but it could be a host host committees or municipal funds are CFR 9008.52(a) to paragraph (b) of 11 committee, if it met the requirements of established within 10 days of when the CFR 9008.50. The proposal defined a new 11 CFR 9008.50(b). convention city is selected. The ‘‘municipal fund’’ as ‘‘any separate fund The Commission has decided to move Commission is not adopting the or account of a government agency, the definition of ‘‘host committee’’ to alternative that would have required municipality, or municipal corporation paragraph (b) of 11 CFR 9008.50, so that host committees and municipal funds to whose principal purpose is the the definitions are grouped together. register within 10 days of soliciting, encouragement of commerce in the 11 CFR 9008.51—Registration and accepting, or disbursing funds for municipality and whose receipt and use Reports convention activities. The alternative of funds is subject to control of officials could have made it difficult to of the State or local government.’’ 11 CFR 9008.51(a)(1)—Registration determine when particular host The NPRM stated that any municipal Requirements committee or municipal fund fund that accepted donations and made The Commission has decided to make registration statements would actually disbursements related to convention a number of changes to the host be due.

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11 CFR 9008.51(a)(3)—Submission of reportable activity, but municipal funds committee and municipal fund post- Convention Committee, Host were not. Former 11 CFR 9008.51(b)(3). convention reports must ‘‘disclose all Committee, and Municipal Fund One commenter contended that it was the information required by 11 CFR part Agreements in the public interest to require 104.’’ municipal funds to file reports with the The NPRM also sought comment on As discussed above, the NPRM same frequency and containing the same whether requiring host committees and proposed to require convention level of detail regarding receipts and municipal funds to file quarterly reports committees, host committees, and disbursements as those filed by host after the 60-day post-convention report municipal funds to submit a copy of all committees. The Commission agrees, is required by and consistent with 2 agreements that any one of those especially because it is dropping the U.S.C. 437, which refers to a single organizations makes with the city, former restrictions on municipal fund financial statement. No commenters county, or State hosting the convention fundraising and permitting municipal addressed this question. or any of the other convention-related funds to accept donations under the The Commission concludes that it organizations. See Explanation and same conditions as host committees. See does have the authority to require Justification for 11 CFR 9008.3(b)(ii), Explanation and Justification for 11 CFR further reports by municipal funds. above; see also 68 FR at 18512. For the 9008.53. Accordingly, the Commission Section 437 states that host committees reasons stated above, the Commission is revising 11 CFR 9008.51 to state that and municipal funds must, ‘‘within 60 has decided to adopt this proposed rule. the reporting provisions in paragraphs days following the end of the Accordingly, the Commission is (b)(1), (2), and (3) apply to both host convention (but not later than 20 days revising 11 CFR 9008.51 to require host committees and municipal funds. prior to the date on which presidential committees and municipal funds to The NPRM also proposed two other and vice-presidential electors are submit any and all such written changes to the host committee reporting chosen), file with the Commission a full contracts and agreements with the requirements in 11 CFR 9008.51(b)(1). and complete financial statement, in report covering the reporting period First, noting that paragraph (b)(1) of such form and detail as [the during which the agreement is executed. § 9008.51 did not provide a date for the Commission] may prescribe, of the See 11 CFR 9008.51(a)(3). As explained close of books for host committees’ post- sources from which it derived its funds, below, this will usually be the post- convention reports, the NPRM proposed and the purpose for which such funds convention report. Host committees and revising 11 CFR 9008.51(b)(1) to set the were expended.’’ 2 U.S.C. 437. The municipal funds must also submit any close of books as 15 days prior to the Commission’s experience with subsequent modifications to a previous date of filing. No commenters convention financing indicates that it is agreement. However, host committees specifically addressed this date. The often not possible for host committees and municipal funds need not submit Commission believes that the proposed and municipal funds to provide a full contracts made with convention time frame is reasonable, in that it and complete financial statement within committees that have already been filed should provide sufficient time for host the prescribed time frame because by the convention committees committees and municipal funds to receipts and invoices pertaining to the themselves. No commenters addressed prepare their reports. In addition, the convention tend to continue to arrive these revisions. Commission believes that it makes sense after the convention has ended and even 11 CFR 9008.51(b)—Reporting to apply the same time frame to host after the November general election. The Requirements committees and municipal fund reports Commission believes that 2 U.S.C. 437 that currently applies to convention in conjunction with 26 U.S.C. 9009, The NPRM proposed a number of committee reports under 11 CFR which grants the Commission the changes to the reporting requirements 9008.3(b)(2)(ii). Accordingly, the authority to require the submission of applicable to host committees and Commission is revising 11 CFR ‘‘such books, records, and information, municipal funds in 11 CFR 9008.51(b) 9008.51(b)(1) to establish the close of as it deems necessary to carry out the and (c). First, the NPRM proposed to books for host committee and municipal functions and duties imposed on it by apply the same reporting requirements fund reports as 15 days prior to the due this chapter,’’ provides the Commission to both host committees and municipal date for filing these reports. with sufficient statutory authority to funds. Under previous Commission Second, the NPRM proposed revising require both host committees and regulations, different reporting 11 CFR 9008.51(b)(1) to require that municipal funds to continue filing requirements applied to host reports filed pursuant to 2 U.S.C. 437 reports with the Commission as long as committees and municipal funds. While must contain the information specified they receive or spend funds relating to host committees were required to file a in 11 CFR part 104. The statutory the conventions. Furthermore, the post convention report on FEC Form 4, authority for 11 CFR part 104 is based Commission notes that the reporting municipal funds were only required to in 2 U.S.C. 434. Host committee and obligation beyond the initial report is file a post convention letter, which did municipal fund reporting is required by expressly conditioned on further not need to contain all of the 2 U.S.C. 437, which explicitly allows convention-related activity, which information required on FEC Form 4. the Commission to require a ‘‘full and means that the obligation will only Compare former 11 CFR 9008.51(b)(1) complete financial statement, in such apply when the initial report is not a with former 11 CFR 9008.51(c). In form and detail as it may prescribe.’’ ‘‘full and complete financial statement,’’ addition, host committees were required Requiring host committee and as required by 2 U.S.C. 437. to continue filing quarterly reports as municipal fund reports to be presented The NPRM also sought comment on long as they continued to accept funds in the same format as other reports that the form that convention committees, or make disbursements after filing the are filed with the Commission host committees, and municipal funds post convention report, but municipal significantly enhances the public should be required to use for their funds were not subject to such a disclosure of convention-related reports. Convention committees and requirement. Former 11 CFR financial activity. No commenters host committees were required to report 9008.51(b)(2). Furthermore, host addressed this proposed change. using FEC Form 4, while municipal committees were required to file a final Accordingly, the Commission is revising funds were not required to use any report within 10 days of ceasing 11 CFR 9008.51(b)(1) to state that host particular form. See 11 CFR

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9008.3(b)(2)(i) (convention committees); on a municipal fund report under the use of an auditorium or convention former 11 CFR 9008.51(b)(1) (host § 9008.51(b). center. Whereas the former rule at 11 committees); and former 11 CFR CFR 9008.52(c)(1)(v) permitted host 11 CFR 9008.52—Receipts and 9008.51(c) (municipal funds). The committees and municipal funds to Disbursements of Host Committees; NPRM indicated that the Commission provide both construction- and Proposed Restructuring of 11 CFR was considering requiring convention convention-related services for 9008.52 committees, host committees, and convention committees, the proposal municipal funds to use FEC Form 3P The Commission has decided to move sought to limit them to providing only instead of FEC Form 4. FEC Form 3P is the definition of ‘‘host committee’’ from construction-related services that are the report of receipts and disbursements 11 CFR 9008.52(a) to 11 CFR 9008.50(b). clearly related to designing, creating, or filed by Presidential and Vice- See Explanation and Justification for installing the physical or technological Presidential candidates. revised 11 CFR 9008.50, above. infrastructure of the convention facility. No commenters specifically addressed Accordingly, the Commission is The proposed rule would have deleted this issue. Given the familiarity that restructuring 11 CFR 9008.52 as follows: the reference to convention-related convention committees already have Former paragraph (b) is being services and added a non-exhaustive list with FEC Form 4, the Commission has redesignated as paragraph (a) and of permissible construction-related decided that the most prudent course is former paragraph (c) is being services. to continue requiring convention redesignated as paragraph (b). In addition, the NPRM proposed committees and host committees to file narrowing the description of Proposed Relocation of Commercial transportation services that may be FEC Form 4. Accordingly, the Vendor Provisions Commission has decided to retain the provided by host committees and references to Form 4 in 11 CFR The NPRM proposed moving the municipal funds in former 11 CFR 9008.3(b)(2)(i) and revised 11 CFR provisions in former 11 CFR 9008.9(b) 9008.52(c)(1)(vi) to permit the provision 9008.51(b)(1). The requirement to file and (c) to 11 CFR 9008.52(a). However, of only those transportation services using FEC Form 4 will also apply to because the Commission has decided that were made ‘‘widely available to municipal funds. This is consistent with not to amend 11 CFR 9008.9, the convention delegates and other the Commission’s other parallel corresponding changes proposed for 11 individuals attending the convention.’’ treatment of host committees and CFR 9008.52 are unnecessary. See See proposed 11 CFR 9008.52(b)(6). municipal funds as similar. Explanation and Justification for 11 CFR Conversely, the proposed rules would 9008.55, below. have broadened the types of law 11 CFR 9008.51(c)—Post Convention enforcement services that host Statements by State and Local Proposed Revisions to Permissible committees and municipal funds may Government Agencies Expenses provide to allow not only those necessary ‘‘to assure orderly States, cities, and other local The NPRM proposed a number of conventions’’ but also other ‘‘law government agencies often provide substantive revisions to the list of enforcement and security services, facilities and services to Presidential permissible host committee expenses in 3 facilities, and personnel, including nominating conventions under 11 CFR former 11 CFR 9008.52(c)(1). The proposed revisions were intended to tickets, badges, and passes.’’ 9008.53, which are in addition to what Another proposal would have may be provided by a separate clarify and add specificity to the list of permissible expenses. addressed the provision related to hotel municipal fund. When States, cities and rooms in former 11 CFR local governments provide such The NPRM proposed combining the expenses in former 11 CFR 9008.52(c)(1)(ix). Whereas the former facilities and services, they generally and current provision states that host file letters with the Commission 9008.52(c)(1)(i) and (c)(1)(x). Former § 9008.52(c)(1)(i) allowed host committees and municipal funds may identifying the categories of facilities provide hotel rooms ‘‘at no charge or a and services provided for the committees to defray expenses incurred for the purpose of promoting the reduced rate on the basis of the number convention and the origin of the funds of rooms actually booked for the used for such facilities and services suitability of the city as a convention site whereas § 9008.52(c)(1)(x) permitted convention,’’ the proposed provision under 11 CFR 9008.51(c). Because the would have permitted the provision of NPRM proposed that municipal funds host committees to provide accommodations and hospitality for hotel rooms at the rate paid by the host would be made subject to the same committee or municipal fund. This reporting requirements as host those responsible for choosing the convention site. The proposed proposal would have allowed host committees under 11 CFR 9008.51(b), committees and municipal funds to pass the NPRM proposed deleting 11 CFR combined list would have permitted host committees and municipal funds to through to convention committees any 9008.51(c). No comments were received discounts they received based on the on this issue. ‘‘defray those expenses incurred for the purpose of promoting the city as a number of rooms rented but would have The Commission has decided, convention site, including prohibited host committees or instead, to retain 11 CFR 9008.51(c) and accommodations and hospitality for municipal funds from subsidizing the revise it to require these letters to be officials and employees of the actual cost of such accommodations. filed only by those government agencies The NPRM also proposed eliminating convention and national party at the State, municipal, or local levels, the final, catchall expense category in committees who are responsible for or any other political subdivision, that former 11 CFR 9008.52(c)(1)(xi), which choosing the sites of the conventions.’’ use their general revenues to provide allowed host committees and municipal The NPRM also proposed narrowing convention facilities or services funds to provide ‘‘other similar permissible host committee expenses for pursuant to 11 CFR 9008.53. If a city convention-related facilities and providing convention committees with directly makes convention expenditures services,’’ and proposed adding a new with its own funds, it must report under 3 Under both previous and revised 11 CFR list of impermissible host committee 11 CFR 9008.51(c) but would not be 9008.53(b)(1), municipal funds are permitted to pay and municipal fund expenses. Proposed required to report the same transactions the same types of expenses as host committees. 11 CFR 9008.52(c)(1) would have

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prohibited host committees and alternative retaining the list of keep the list intact in paragraph (a)(4) of municipal funds from providing permissible convention expenses but 11 CFR 9008.7. The Commission ‘‘anything of value’’ to a convention moving them to a new section. concludes that the list of permissible committee, national party committee, or With respect to the proposed convention expenses has worked other political committee, except those substantive and structural changes, a reasonably well in practice. The items that were expressly described in number of commenters believed that the Commission also concludes that the proposed 11 CFR 9008.52(b)(1) and current regulations work well and are proposed changes would not add (b)(5) through (b)(8). Proposed 11 CFR not in need of additional clarification. sufficient clarity or precision to justify 9008.52(c)(2) would have prohibited These commenters expressed concern the possible confusion and disruption host committees and municipal funds that any changes to the list of they may engender at a time when from defraying any expenses related to permissible expenses this close to the preparations for the 2004 conventions ‘‘creating, producing, or directing 2004 election would be extremely are well advanced, and further convention proceedings.’’ disruptive, would invite confusion, and concludes that none of the proposed The NPRM also sought public would interfere with the obligations that changes are required by BCRA. comment on whether there was any host committees have already agreed by need to continue to provide a list of contract to undertake for the 2004 Definition of ‘‘Local’’ Businesses, Labor permissible convention expenses, or national nominating conventions. In Organizations, Other Organizations, whether the definition of ‘‘convention their opinion, no deficiencies in the and Individuals expenses,’’ standing alone, gives current list that warrant either of the The NPRM proposed to eliminate the sufficient guidance to convention proposed alternative changes had been requirement, in former 11 CFR committees regarding what they may or identified. A number of the commenters 9008.52(c)(1) and 11 CFR 9008.53(b)(1), may not pay. Comment was also sought also stated that there was no indication that only ‘‘local’’ businesses, labor on whether to refine the current list of that Congress, in enacting BCRA, organizations, other organizations, and permissible convention expenses, by intended to restrict or modify the range individuals are permitted to make deleting some examples and/or adding of permissible convention committee, donations to host committees and others. host committee, and municipal fund municipal funds. The Commission also sought expenses prior to BCRA. The NPRM sought comment on comment on whether BCRA requires After carefully considering the whether eliminating that restriction that the list of permissible host concerns raised by these commenters, would make it more feasible for smaller committee and municipal fund the Commission has decided not to or mid-sized cities to host a Presidential expenses in former 11 CFR 9008.52 adopt any of the proposed substantive nominating convention. Comment was must be modified to ensure that or structural revisions to the list of also sought on two alternative convention committees will not receive permissible convention committee, host proposals. Under the first alternative ‘‘a contribution, donation, or transfer of committee and municipal fund proposal, the locality requirements in funds or any other thing of value * * * expenses. The Commission is mindful former 11 CFR 9008.52(c)(1) and (c)(2) that are not subject to the limitations, of the potentially disruptive effect of and former 11 CFR 9008.53(b)(1) and prohibitions, and reporting modifying existing regulations regarding (b)(2) would have been retained, but requirements of (FECA).’’ 2 U.S.C. the expenses that may be paid by modified to permit only those donations 441i(a)(1). In many of the transactions convention committees, host made by ‘‘individuals who maintain a contemplated by 11 CFR 9008.52(c)(1), committees, and municipal funds in local residence or who work for the host committees provide something of such close proximity to the 2004 local office of a business, labor value to convention delegates, other conventions. See Explanation and organization, or other organization.’’ attendees, press, local businesses, and Justification for Public Financing of Under the second alternative approach, the local community, but in these Presidential Primary and General the locality restrictions in both 11 CFR transactions the convention committee Election Candidates, 64 FR 49355, 9008.52(c)(1) and 11 CFR 9008.53(b)(1) is a bystander, not a recipient of 49358 (Sept. 13, 1999) (declining to would have been revised to permit something of value. When a host modify the existing list of permissible donations only from those individuals committee provides, for example, a convention committee and host who have a local residence. shopping and dining guide, to committee expenses ‘‘given that the Most of the commenters who convention attendees, it is difficult to party committees have already entered addressed this issue favored deletion of conclude that the convention committee into contractual agreements with the the locality requirement. They pointed received anything of value. One sites selected’’). Accordingly, the list of out that the physical location of a commenter advocated a variation on permissible host committee and business is a poor indicator of the extent this approach. municipal fund expenses will remain in of a company’s commercial interests in In addition to the proposed 11 CFR 9008.52. The list is a particular geographic region, substantive revisions, the NPRM substantively identical to that in current especially in light of the increasingly proposed two alternative locations for 11 CFR 9008.52(c)(1), however, as global nature of the economy. These the revised list of permissible host explained above, it will be re-designated commenters believed the restriction committee and municipal fund as 11 CFR 9008.52(b) in light of other frustrated the ability of host committees expenses located in former 11 CFR changes to section 9008.52. to raise funds for the legitimate purpose 9008.52(c)(1). The list of permissible With respect to the reorganization of of promoting the host city. They argued convention committee expenses in 11 permissible convention expenses in 11 that deleting this restriction would CFR 9008.7(a)(4) would have been CFR 9008.7(a)(4), the Commission is make it easier for smaller cities, without affected by the proposed reorganization persuaded that it should retain the large local business communities, to bid as well. The NPRM proposed either current non-exhaustive list of successfully for a future convention. deleting the non-exhaustive list of permissible convention expenses. In These commenters also maintained thirteen permissible convention addition, rather than relocating the list that donors to host committees and expenses that may be paid by to two different paragraphs in a new municipal funds are motivated by convention committees, or in the section, the Commission has decided to legitimate commercial considerations or

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by civic pride, not by political requirements that did not apply to host 9008(b). Major party committees may considerations. They contended that committees. Former 11 CFR receive an inflation-adjusted payment many businesses that do not maintain 9008.53(b)(1)(i) and (ii) provided that from the Presidential Election Campaign an office in or near the convention city neither the municipal fund itself nor the Fund for their national nominating nevertheless have a legitimate donations the municipal fund received conventions. 26 U.S.C. 9008(b)(1).4 For commercial interest in supporting large- or solicited could be restricted to use in the 2004 conventions, the major party scale events such as conventions in the connection with a particular committees received $14,880,000 in July host city, such as developing business convention. Host committees were not 2003 and are entitled to receive an in the convention city or showcasing subject to these fundraising restrictions. additional payment in 2004 for an their products to a prominent national These disparate requirements limited inflation adjustment, subject to all audience. They pointed out that many the ability of host committees and applicable requirements.5 A national corporations also make sizeable municipal funds to raise funds in committee of a major party may not donations to host committees for other concert with one another. The NPRM make expenditures related to the large-scale events such as host acknowledged that the restrictions on convention that exceed the expenditure committees for the Super Bowl and the municipal fund fundraising were based limitations, which are equal to the full Olympics. One commenter suggested on Commission decisions in Advisory amount of the payment to major parties. that the motive of those making Opinion (‘‘AO’’) 1982–27 and AO 1983– 26 U.S.C. 9008(d). Thus, the major party donations to host committees is 29. Comment was sought on deleting convention committees that accept irrelevant because such donors have no these requirements on municipal funds. public funding may not receive any control over how the host committee In the alternative the NPRM proposed contributions, as defined in 2 U.S.C. spends the funds. retaining the restrictions and clarifying 431(8), that would count towards their On the other hand, a different the appropriate standard for expenditure limit if they accepted the commenter opposed the Commission’s determining whether a municipal fund full Federal payment. proposal to delete the locality itself, or the funds it receives, are requirement in 11 CFR 9008.52(c)(1) impermissibly restricted to the Development of Commission Rules on and 11 CFR 9008.53(b)(1), expressing Presidential nominating convention. Host Committees and Municipal Funds the view that the locality restriction No commenters addressed this topic. As mentioned in the discussion of 11 already was too permissive and should The Commission has concluded that the CFR 9008.50, above, the Commission not be eliminated. former restrictions serve little or no has historically allowed host After careful consideration of the purpose, while, at the same time, they committees and municipal funds to viewpoints expressed by the unnecessarily hamper the ability of host raise and spend money for activities commenters on this issue, the committees and municipal funds to related to conventions. The NPRM Commission has decided to eliminate undertake joint fundraising activities. provided a detailed history of the the locality requirement from 11 CFR Accordingly, the Commission has development of the Commission’s 9008.52 and 11 CFR 9008.53. The decided to eliminate the restrictions on policy in this area. Although a Commission is persuaded that this municipal fund fundraising in former 11 convention committee is precluded restriction no longer serves a CFR 9008.53(b)(1)(i) and (ii). from receiving contributions, the meaningful purpose because the The NPRM also proposed eliminating Commission has held that host disbursements that host committees and the requirement, in 11 CFR committees and municipal funds may municipal funds are permitted to make 9008.53(b)(1), that only ‘‘local’’ solicit and receive funds because such are consistent with the narrow purpose businesses, labor organizations, other funds ‘‘are not politically motivated but of promoting commerce in, and the organizations, and individuals are are undertaken chiefly to promote suitability of, the convention city. The permitted to make donations to economic activity and good will of the Commission notes that the requirement municipal funds. For the reasons stated host city.’’ Explanation and Justification that donors be local has resulted in above, the Commission has decided to for 1977 Amendments to the Federal reliance on Metropolitan Areas to draw eliminate this limitation on donations to Election Campaign Act of 1971, H.R. difficult and seemingly arbitrary municipal funds as well as host Doc. No. 95–44, 136 (1977). distinctions in specific cases. committees. See Explanation and Similarly, the Commission has Accordingly, under the revised rules at Justification for 11 CFR 9008.52. allowed donations to these entities from 11 CFR 9008.52(b) (host committees) 11 CFR 9008.55—Funding for sources prohibited from making and 11 CFR 9008.53(a) (municipal contributions under 2 U.S.C. 441b, funds), businesses, labor organizations, Convention Committees, Host Committees and Municipal Funds because such donations are ‘‘sufficiently other organizations, and individuals are akin to commercial transactions to fall permitted to donate funds or make in- The Commission is adopting a new outside the scope of that prohibition.’’ kind donations to host committees and §9008.55 to explain the application of Explanation and Justification of municipal funds, regardless of their BCRA to convention committees, host Presidential Election Campaign Fund geographic locations. committees, and municipal funds. This and Federal Financing of Presidential new regulation should be viewed in the 11 CFR 9008.53—Receipts and overall context of the legal structure of 4 Disbursements of Municipal Funds Minor party committees may receive a public financing and the development proportional amount of that payment based on the As discussed in greater detail above, of the Commission’s regulatory number of votes the party’s candidate received in the NPRM proposed to eliminate many approach regarding the role of host the last presidential election compared to the average number of votes received by the major party of the differences in the manner that the committees and municipal funds. candidates. 26 U.S.C. 9008(b)(2). No candidate Commission’s regulations treat host The national committees of both (other than the major party candidates) received a committees and municipal funds. (See major and minor political parties are sufficient number of votes in the 2000 presidential Explanation and Justification for 11 CFR entitled to receive public funds to general election to provide his or her party with minor party status in 2004. 5008.50, above.) One of these defray their expenses incurred in 5 In 2000, the Democratic and Republican differences was that municipal funds connection with a Presidential National Committees each received $13,512,000 for were subject to certain fundraising nominating convention under 26 U.S.C. their national nominating convention.

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Nominating Conventions, 44 FR 63036, controlled by or acting on behalf of one unless (1) the agent has actual authority, 63037–38 (Nov. 1, 1979). or more Federal candidate or (2) the agent is acting on behalf of the The Commission has repeatedly officeholder from soliciting, receiving, principal, and (3), with respect to endorsed the use of these funds for directing, transferring, or spending national party committees, the agent is convention-related activities. Recent funds in connection with an election for soliciting, directing, or receiving any testimony on behalf of the 2004 host Federal office that do not comply with contribution, donation or transfer of committees amply supports the the limitations, prohibitions, and funds on behalf of the national party Commission’s long-held view that reporting requirements of FECA. 2 committee. 11 CFR 300.2(b). Given that ‘‘businesses and organizations that U.S.C. 441i(e)(1)(A). With respect to a convention committee is authorized donate to municipal funds are fundraising for non-profit organizations, by law to receive the national party motivated by commercial and civic BCRA provides two exceptions. Under committee’s convention funds, this reasons, rather than election-influencing the exception relevant here, BCRA aspect of their relationship is sufficient purposes.’’ Explanation and permits Federal candidates and to make the convention committee an Justification of Presidential Election officeholders to make ‘‘general agent of the relevant national party Campaign Fund and Federal Financing solicitations’’ of funds on behalf of committee under 11 CFR 300.2(b). of Presidential Nominating organizations described in section The NPRM proposed that BCRA’s ban Conventions, 59 FR 33606, 33615 (June 501(c) of the Internal Revenue Code, in 2 U.S.C. 441i(a)(1) on national parties 29, 1994). other than entities whose principal soliciting, receiving, directing, and Application of BCRA’s Non-Federal purpose is to conduct certain types of spending funds that do not comply with Funds Provisions to Convention Federal election activity (including the source prohibitions and amount Committees, Host Committees and voter registration, voter identification, limitations should apply to convention Municipal Funds and get-out-the-vote activity), where the committees by operation of 2 U.S.C. Title I of BCRA includes several solicitations do not specify how the 441i(a)(2) and 11 CFR 300.10(c). One of provisions potentially applicable to funds will or should be spent. 2 U.S.C. the national party committees Presidential nominating convention 441i(e)(4)(A).6 Convention committees, commenting on this proposal agreed financing. Under BCRA, ‘‘[a] national host committees, and municipal funds that convention committees are required committee of a political party * * * are unlikely to engage in these types of by law to be established by national may not solicit, receive, or direct to Federal election activity. party committees, which triggers 2 another person a contribution, donation, U.S.C. 441i(a)(2). No other commenter or transfer of funds or any other thing 11 CFR 9008.55(a)—Convention addressed this issue. of value, or spend any funds, that are Committees Are Subject to 2 U.S.C. The Commission concludes that as a not subject to the limitations, 441i(a)(1) matter of law convention committees prohibitions, and reporting Convention committees are, as a are subject to 2 U.S.C. 441i(a)(1) and 11 requirements of (FECA).’’ 2 U.S.C. matter of law, entities directly CFR 300.10(a) by operation of 2 U.S.C. 441i(a)(1). BCRA also prohibits officers established, financed, maintained, or 441i(a)(2) and 11 CFR 300.2(b), (c) and and agents of the national party controlled by national party committees. 11 CFR 300.10(c). Accordingly, under committees and entities that are The Commission’s regulations at 11 CFR new 11 CFR 9008.55(a), all convention ‘‘directly or indirectly established, 9008.3(a)(2) require national party committees established pursuant to 11 financed, maintained, or controlled’’ by committees to ‘‘establish a convention CFR 9008.2(a)(2) are subject to the national party committees from committee which shall be responsible national party committee prohibitions soliciting, receiving, directing, or for conducting the day to day in 11 CFR 300.10(a). spending such non-Federal funds. 2 arrangements and operations of that 11 CFR 9008.55(a)—Donations From U.S.C. 441i(a)(2). party’s Presidential nominating BCRA prohibits national party convention.’’ In addition, under 11 CFR Host Committees and Municipal Funds committees, their officers and agents, 9008.3(a)(2), convention committees are to Convention Committees and entities directly or indirectly required to receive the national party’s The Commission sought comment on established, financed, maintained, or entitlement to public funds and are whether BCRA bars convention controlled by them from raising any responsible for making ‘‘[a]ll committees from accepting many of the funds for, or making or directing any expenditures on behalf of the national in-kind donations typically provided by donations to, certain tax exempt committee for convention expenses.’’ host committees and municipal funds. organizations. 2 U.S.C. 441i(d). This Typically, convention committees list The current rules on permitted prohibition extends only to the national party committees as an expenditures of host committees and organizations that are described in affiliated committee on their Statements convention committees overlap, which section 501(c) of the Internal Revenue of Organization. reflects the fact that some host Code of 1986 and that are exempt from Convention committees are also committee disbursements are for goods taxation under section 501(a) of such ‘‘agents’’ of the national party or services related to the conduct of a Code (or that have submitted an committees. Under the Commission’s convention, and not merely the application for determination of tax definition of ‘‘agent,’’ a principal cannot promotion of their cities. See, e.g., exempt status under such section) be held liable for the actions of an agent revised 11 CFR 9008.52(b)(5), discussed (‘‘501(c) organizations’’) and that make above. There was no consensus among ‘‘expenditures or disbursements in 6 BCRA also permits Federal candidates and the commenters on this issue. connection with an election for Federal officeholders to make ‘‘specific solicitations’’ on Several commenters argued that there behalf of organizations described in Section 501(c) office (including expenditures or of the Internal Revenue Code, where the entities’ is no language in BCRA that compels or disbursements for Federal election principal purpose is to conduct certain Federal even anticipates changes to the long- activity).’’ Id. election activities or where the solicitation is standing regulations regarding BCRA also prohibits Federal ‘‘explicitly to obtain funds’’ for certain Federal convention financing. Some election activities. 2 U.S.C. 441i(e)(4)(B). Such candidates and officeholders, their ‘‘specific solicitations’’ may only be made to commenters also emphasized the non- agents, and entities directly or indirectly individuals in amounts not exceeding $20,000 per political nature of host committee established, financed, maintained, or calendar year. Id. activities and that nothing in BCRA

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requires or justifies the Commission to assumptions upon which the Because of the scarcity of comment alter its conclusion that donations to Commission’s host committee rules are indicating the pre-enactment intent of host committees are commercially, not based. This commenter argued that the those who wrote or voted for the bill, politically, motivated. According to tremendous escalation of private the Commission affords little weight to some commenters, the provision of contributions to finance host the single passing comment made in the goods and services by a host committee committees, traced over the course of waning hours of floor debate. See NLRB has never been considered an in-kind several conventions, is inconsistent v. Fruit & Vegetable Packers, Local 760, contribution, and BCRA did not amend with the assumptions that the host 377 U.S. 58, 66 (1964) (noting that the statutory definition of in-kind committee and municipal fund legislative opponents, ‘‘[i]n their zeal to contribution in 2 U.S.C. 431(8)(A)(i). A exception to the expenditure limit is a defeat a bill, * * * understandably tend commenter also pointed out that ‘‘very narrow exception’’ and that such to overstate its reach’’). another provision of BCRA repealed donations are not politically motivated. BCRA’s principal sponsors in certain Commission regulations. However, the commenter also Congress did not file comments in Because Congress did not similarly documented that party leaders at the response to the NPRM in this address the convention financing State and local level have been active in rulemaking. However, in comments regulations, its silence is ‘‘a conclusive raising funds for conventions held in filed in the Non-Federal Funds indication that there was no their cities to nominate candidates of rulemaking, the sponsors did address Congressional intent that the the opposing party. convention financing. The Commission Commission modify these regulations in Other commenters challenged the declines to rely on a single post- any way,’’ according to this commenter. data and conclusions drawn by this enactment statement in a separate One commenter argued that BCRA’s commenter. They argued that the rulemaking that unspecified ‘‘tight prohibitions in 2 U.S.C. 441i(a) are increase in corporate funding reflects a restrictions’’ exist as a basis to limited to national party committees, general trend of increasing corporate determine that BCRA effectively their agents, and any entity that is sponsorship for large-scale civic events. prohibits a major source of funding for established, financed, maintained, or A decreased willingness or ability of the Presidential nominating controlled by the national party State and local governments to assist conventions. committees. In this commenter’s view, endeavors of this scale was also cited as In considering whether BCRA bars host committees do not constitute any of a potential explanation for rising private convention committees from accepting these covered persons, so host donations. in-kind donations from host committees committees should be permitted to The Commission’s consideration of and municipal funds, the Commission continue accepting and using non- these issues begins with consideration considered several other factors as well. Federal funds to pay for certain of BCRA’s language. Nothing in the text Title I of BCRA, entitled ‘‘Reduction of convention related costs. of BCRA, however, expressly addresses Special Interest Influence’’ and the Other commenters advocated for the convention financing. cornerstone of BCRA, begins with the exact opposite position, citing BCRA’s The Commission then looked to prohibition on national party unqualified prohibition on the national BCRA’s legislative history on these committees. BCRA, sec. 101(a), 116 Stat. party committees’ accepting any non- issues. In light of the sparse and at 82. Presidential nominating Federal funds. These commenters inconclusive legislative history, the conventions are the only publicly construed both FECA and BCRA to NPRM sought comment as to whether funded endeavors of a national party prohibit a convention committee from Congress intended BCRA to change the committee. Underlying the convention accepting in-kind contributions from a rules for convention financing, and it public funding program is an elaborate host committee funded by corporate cited the very few statements on this statutory regime, 26 U.S.C. 9008, which donations. These commenters also topic made during the Senate’s Congress created. Moreover, Members of contended that conventions have consideration of BCRA. For example, Congress often play substantial roles in become vehicles for the infusion of Senator Mitch McConnell said the bill Presidential nominating conventions. In massive amounts of non-Federal funds ‘‘will end national party conventions as fact, since 1996, all Democratic into both political parties and to their we have known them.’’ 148 Cong. Rec. Members of Congress have served as candidates and officeholders. Another S2122 (daily ed. Mar. 20, 2002). automatic delegates to their party’s commenter argued that the changes to Only two commenters addressed convention, according to one of the the Commission’s host committee these remarks. One noted that the commenters. regulations in 1977, 1979, 1994, and Supreme Court and other courts have The Commission’s regulations on host 1999 make continued reliance on the found the views of legislative opponents committees have been in effect since the original justification unwarranted. More to be an unreliable guide to the earliest days of the Commission. Despite than 1,100 timely, essentially identical, construction of a statute, citing National other changes to the host committee comments that the Commission received Labor Relations Board v. Fruit & regulations, the Commission has by e-mail expressed support for the use Vegetable Packers, Local 760, 377 U.S. consistently maintained that donations of tax dollars to fund party conventions 58, 66 (1964); Bryan v. United States, of funds to host committees are, as a ‘‘precisely so that parties may turn away 525 U.S. 384, 196 (1998) (quoting matter of law, distinct from other other sources of inappropriate funds.’’ Schwegman Bros. v. Calvert Distillers donations by prohibited sources in that For many of these same reasons, a Corp., 341 U.S. 384, 394–95 (1951)); and they are motivated by a desire to petition for rulemaking sought the Illinois Commerce Comm’n v. Interstate promote the convention city and hence repeal or revision of the Commission’s Commerce Comm’n, 879 F.2d 917, 923 are not subject to the absolute ban on regulations that permit host committees n. 47 (D.C. Cir. 1989). The only other corporate contributions in 2 U.S.C. to accept corporate and labor commenter to address these remarks 441b. This conclusion is buttressed by organization funds and to use these stated that they show that Congress the fact that frequently members of the funds for expenses incurred in understood that BCRA’s national party opposite political party have played conducting a nominating convention. and Federal candidate provisions would prominent and active roles in One commenter presented data that it prohibit non-Federal funds in relation to convention host committees. For claimed challenged some of the Presidential nominating conventions. example, in 2000 David L. Cohen, a

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longtime aide to Ed Rendell (who was absence in BCRA of an express reference national party committees. In the Non- then mayor of Philadelphia, and now is to conventions, the dearth of legislative Federal Funds Final Rules, the the Democratic Governor of history on the subject of convention Commission defined an ‘‘agent,’’ for Pennsylvania), chaired the host financing, the prominence of purposes of 11 CFR part 300, as ‘‘any committee for the Republican National conventions for the parties, the role of person who has actual authority, either Convention. Mr. Rendell was also Members of Congress in convention express or implied * * * to solicit, actively involved in the 2000 activities, the extensive, existing direct, or receive any contribution, Philadelphia host committee’s activities. regulations for convention financing, donation, or transfer of funds’’ on behalf In addition, Noelia Rodriguez, former and the Commission’s long-standing of a national committee of a political Deputy Mayor to Mayor Richard regulatory position regarding host party. 11 CFR 300.2(b)(1)(i). Section Riordan, and now Press Secretary for committee funds, which has never been 300.2(b)(1) therefore requires a fact- First Lady Laura Bush, served as repudiated by Congress—the specific determination of the nature of Executive Director of the Los Angeles Commission declines to interpret the any authority conferred by a national host committee for the 2000 Democratic general prohibitions in 2 U.S.C. 441i(a) party committee. National Convention. Furthermore, the to eliminate the Commission’s The NPRM sought comment on co-chair of the host committee for the discretion to interpret 2 U.S.C. 441b, whether host committees and municipal 1996 Democratic National Convention 441i(a), and 26 U.S.C. 9008(d) to permit funds satisfy the definition of ‘‘agents’’ in Chicago was Richard Notebaert, who the financing regime established by its under 11 CFR 300.2(b)(1) with respect to has been a major contributor to rules in 11 CFR part 9008. the national political party committees Republican candidates and to the In considering whether to maintain or their convention committees. Republican Party. The fact that the current convention financing Comment was also sought on whether historically members of the opposite system, the Commission evaluated the host committees and municipal funds political party have played key roles in relationship between the convention should be treated as per se agents of convention host committees strongly committee and the localities hosting the national party committees. Such an supports the Commission’s conclusion convention. This relationship is approach would have limited that host committee activity is established by an arms-length agreement permissible funds for a host committee motivated by a desire to promote the negotiated by independent actors. There or municipal fund to funds subject to convention city and not by political is keen competition among cities to host FECA’s limitations, prohibitions, and considerations. While it is always conventions, and on more than one reporting requirements, regardless of difficult to interpret Congressional occasion, cities have sought the how the host committees and municipal silence, the Commission does note that conventions of both major national funds function in practice, and BCRA specifically repealed another of parties. The highly detailed contract regardless of their actual relationship the Commission’s regulations, BCRA, underlying this relationship calls for the with the national party committees. An sec. 214(b), 116 Stat. at 94, and yet did city, its host committee, its municipal alternative approach would have treated not similarly repeal or otherwise fund, or some combination of the three host committees and municipal funds as address the Commission regulations on to provide very specific facilities and per se not agents of national party convention financing. Congress has also services to the convention committee in committees and, therefore, not subject declined other opportunities to exchange for the convention committee as a matter of law to 2 U.S.C. 441i(a)(2) disapprove of the Commission’s agreement to bring the Presidential or 11 CFR 300.10(c)(1), no matter how regulations regarding host committees. convention to that city instead of any such host committees and municipal These regulations were submitted to other. In turn, the city and region funds actually operate or interact with Congress in 1977, 1994, and 1999, and receive a significant economic benefit the national party committees. The Congress has not taken action to from the commerce that directly results commenters were divided on these invalidate the regulations. In those from the convention. issues. regulations, one of only two subparts is For these reasons, the Commission Some commenters argued that host devoted to host committees and concludes that convention committees committees are independent from municipal funds, 11 CFR part 9008, may continue to receive in-kind convention committees and should subpart B, which provides host donations from host committees and therefore not be considered agents of committees a legal prominence in the municipal funds of the convention convention committees. Both host regulatory structure as well. expenses described in 11 CFR 9008.52. committees for the 2004 Presidential Courts have recognized that when it is The Commission is adopting new 11 nominating conventions for the two not clear whether statutory amendments CFR 9008.55(a), stating in part that major parties assured the Commission affect past agency interpretations, convention committees may accept in- that their sole purpose was to encourage agencies are left with their ordinary kind donations that are in compliance commerce in their cities and project a ability to interpret the law as amended, with 11 CFR 9008.52 or 9008.53 from favorable image of their cities to the subject to deferential judicial review. host committees or municipal funds. convention attendees. Counsel to one See, e.g., Chisholm v. FCC, 538 F.2d The Commission emphasizes that this host committee explained that the 349, 366 (D.C. Cir. 1976) (noting court’s interpretation is limited to the unique committee conducts its own fundraising obligation to defer to agency’s circumstances of Presidential by its own staff and consultants, interpretation even if it is not the only nominating convention financing. without national party committee interpretation permissible). Thus, the participation. Counsel to the other host Commission must decide whether to 11 CFR 9008.55(b)—Historically, Host committee stated that the committee maintain its interpretation of 2 U.S.C. Committees and Municipal Funds Are does not raise funds on behalf of the 441b and 26 U.S.C. 9008(d) and extend Not ‘‘Agents’’ of National Party national party committee holding its it to 2 U.S.C. 441i(a) or to overturn the Committees convention in that city. Conversely, regulatory system governing convention BCRA’s ban on national parties other commenters would treat host financing. soliciting, receiving, directing, committees as agents. One commenter In light of all of these specific transferring and spending non-Federal reasoned that because host committees circumstances described above—the funds also applies to ‘‘agents’’ of raise funds to pay for convention

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expenses, they are in essence raising 300.10(c)(2). As noted above, 11 CFR sufficiently addresses the issue. Section funds for the convention committee, 300.2(c) provides a non-exhaustive list 300.2(c)(1) provides for a fact-specific which would make host committees of factors that may be considered in evaluation of particular circumstances, agents under 11 CFR 300.2(b)(1)(i). determining whether an entity is rather than a per se rule applicable to all The Commission has decided that the directly or indirectly established, host committees and municipal funds. regulatory definition of ‘‘agent’’ of a financed, maintained, or controlled by a The Commission has decided therefore national committee of a political party national party committee. 11 CFR to adopt a new provision, 11 CFR in 11 CFR 300.2(b)(1) sufficiently 300.2(c). See Non-Federal Funds Final 9008.55(c), stating that host committees addresses the issue of when a host Rules, 67 FR at 49084 (‘‘the affiliation and municipal funds are not directly or committee will be considered an agent factors laid out in 11 CFR 100.5(g) indirectly established, financed, of a national committee of a political properly define ‘directly or indirectly maintained, or controlled by a national party. It provides for a fact-specific established, financed, maintained, or political party, except as provided in 11 determination, rather than a per se rule controlled’ for purposes of BCRA’’). The CFR 300.2(c). applicable to all host committees and resolution of this issue requires a fact- The Commission’s experience is that municipal funds. Accordingly, the specific evaluation of the circumstances. host committees typically would not Commission has decided to adopt a new The NPRM sought comment on meet the affiliation test established in 11 provision, 11 CFR 9008.55(b), simply whether host committees and municipal CFR 300.2(c)(1). Thus, so long as host stating that host committees and funds satisfy the factors listed in 11 CFR committees and convention committees municipal funds are not agents of 300.2(c) and should, therefore, be conduct their affairs as they have in the national party committees, except as considered entities that are directly or past, host committees will not be provided in 11 CFR 300.2(b)(1). indirectly established, financed, considered directly or indirectly The Commission’s experience is that maintained, or controlled by the established, financed, maintained, or host committees typically do not have national party committees holding controlled by a national party authority to solicit, direct, or receive conventions in the relevant cities. The committee. In effect, this approach any contribution, donation, or transfer NPRM posed the corresponding per se amounts to a presumption that host of funds on behalf of the national alternatives on this question as it did on committees are not directly or indirectly committees of political parties. Thus, as the agency issue, discussed above. established, financed, maintained, or long as host committees and convention The commenters divided on this issue controlled by a national party committees conduct their affairs as they as well. Some commenters contended committee. Such a presumption could have in the past, host committees will that the party committees control or be rebutted by a showing that the not be considered agents of convention coordinate with host committees so conditions of 11 CFR 300.2(c) are committees. National party committees, closely that host committees are satisfied by the relationship of a convention committees, and host affiliates of the national party particular host committee or municipal committees should look to 11 CFR committees. One commenter argued that fund and a national party committee. 300.2(b)(1) for guidance on under what the rules should not presume the circumstances a host committee would organizations affiliated, but should 11 CFR 9008.55(d)—National Party be an agent of a national party instead rely on the factors listed in 11 Solicitations of Funds for Host committee or convention committee. In CFR 300.2(c). This commenter also Committees and Municipal Funds effect, this approach amounts to a noted that two of those factors nearly BCRA prohibits national party presumption that host committees and always exist between the host committees, their officers and agents municipal funds are not agents of the committee and the convention acting on their behalf, and entities national party committee. Such a committee. The two factors are that the directly or indirectly established, presumption could be rebutted by a party committees provide funds in a financed, maintained, or controlled by showing that the conditions of significant amount to host committees them from soliciting any funds for, or §300.2(b)(1)(i) or (ii) are satisfied by the by virtue of selecting their cities to host making or directing any donations to, relationship of a particular host the conventions, 11 CFR 300.2(c)(1)(vii), certain tax-exempt organizations. 2 committee and convention committee. If and that the party committees and host U.S.C. 441i(d). These prohibitions a particular host committee or committees have a similar pattern of extend to funds solicited or directed for municipal fund were to become an receipts that indicate a formal or only certain tax-exempt organizations ‘‘agent’’ of a national party committee, ongoing relationship under 11 CFR described in 26 U.S.C. 501(c) that make then it, like the national party 300.2(c)(1)(x). Other commenters ‘‘expenditures or disbursements in committee itself, would be prohibited disagreed; they argued that host connection with an election for Federal from soliciting, receiving, directing, or committees are not directly or indirectly office (including expenditures or spending non-Federal funds by established, financed, maintained, or disbursements for Federal election operation of 2 U.S.C. 441i(a)(1) and (2) controlled under 11 CFR 300.2(c)(1). activity)’’ and organizations described and 11 CFR 300.10(a) and (c)(1). Both host committees cited detailed in 26 U.S.C. 527. Id.; 11 CFR 300.2(a). facts about their organizations to show A ‘‘disbursement’’ is defined, in 11 11 CFR 9008.55(c)—Historically, Host that their organizations’ relationship CFR 300.2(d), as ‘‘any purchase or Committees and Municipal Funds Are with the respective national party payment made by: (1) A political Not Entities ‘‘Directly or Indirectly committees do not satisfy the factors committee; or (2) any other person, Established, Financed, Maintained, or listed in the definition of ‘‘directly or including an organization that is not a Controlled’’ by National Party indirectly establish, finance, maintain, political committee, that is subject to Committees or control.’’ 11 CFR 300.2(c)(2)(i) (FECA).’’ FECA defines ‘‘election’’ to The prohibitions on national party through (x). include nominating conventions. 2 committees under BCRA also apply to The Commission has decided that the U.S.C. 431(1)(B). The Commission’s entities that are ‘‘directly or indirectly regulatory definition of ‘‘directly or previous treatment of permissible host established, financed, maintained, or indirectly establish, finance, maintain or committee and municipal fund controlled’’ by a national party control’’ by a national committee of a disbursements has been that they are committee. 2 U.S.C. 441i(a)(2); 11 CFR political party in 11 CFR 300.2(c)(1) not ‘‘contributions or expenditures’’

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under 2 U.S.C. 441b because they are prob. juris. noted, 123 S.Ct. 2268 (U.S. receiving, directing, transferring, or not made ‘‘in connection with’’ an 2003). spending funds in connection with an election. However, BCRA reaches The Commission has determined that election for Federal office unless the beyond expenditures and requires only host committee and municipal fund funds are subject to the limitations, ‘‘disbursements in connection with an disbursements related to convention prohibitions, and reporting election’’ to make a 501(c) organization activities are not ‘‘disbursements in requirements of FECA. 2 U.S.C. subject to the prohibition in 2 U.S.C. connection with an election’’ sufficient 441i(e)(1)(A). BCRA extends these 441i(d)(1). In light of these definitions to trigger the prohibition in 2 U.S.C. prohibitions to agents acting on their and the previous treatment of host 441i(d) with respect to those host behalf of either Federal candidates or committees and municipal funds, the committee and municipal funds that are individuals holding Federal office, as Commission sought comment on 501(c) organizations. Therefore, the well as to entities directly or indirectly whether, as a matter of law, host Commission is not promulgating a new established, financed, maintained, or committees and municipal funds make rule at 11 CFR 9008.55(d) in order to controlled by such candidates or ‘‘disbursements’’ ‘‘in connection with apply 11 CFR part 300 to the solicitation officeholders. 2 U.S.C. 441i(e)(1). an election for Federal office,’’ even as of funds for those host committees or BCRA creates two exceptions from they adhere to the requirements in municipal funds that have 26 U.S.C. that general rule in 2 U.S.C. 441i(e)(4), current 11 CFR 9008.52. 501(c) status. Further, host committees only one of which is relevant to Two commenters stated that because and municipal funds therefore will not Presidential nominating conventions. host committees have not been be required to make any certification BCRA allows Federal candidates, considered political committees, host pursuant to 11 CFR 300.11(d) or individuals holding Federal office, and committees cannot be considered to 300.50(d). individuals who are agents acting on behalf of either to make ‘‘general make ‘‘disbursements in connection The Commission concluded that solicitations,’’ without source or amount with an election.’’ However, the consistent with the longstanding restrictions, for a 501(c) organization, Commission notes that FECA defines rationale for not treating host committee other than organizations whose ‘‘political committee,’’ in part, as any and municipal fund activity ‘‘in ‘‘principal purpose’’ is to conduct committee that receives contributions or connection with’’ an election for certain Federal election activity, so long makes expenditures aggregating in purposes of 2 U.S.C. 441b, it should as the solicitation does not specify how excess of $1,000 during a calendar year. similarly apply the ‘‘in connection 2 U.S.C. 431(4). The definitions of the funds will or should be spent. 2 with’’ language at 2 U.S.C. 441i(d). As U.S.C. 441i(e)(4)(A). The ‘‘Federal ‘‘contribution,’’ 2 U.S.C. 431(8)(A)(i), noted earlier, the overriding purpose of election activity’’ referenced in this and ‘‘expenditure,’’ 2 U.S.C. permissible host committee and exception is voter registration within 431(9)(A)(i), both include the municipal fund activity is commercial 120 days of a Federal election and voter requirement that the transaction be ‘‘for or civic in nature. identification, GOTV activities, or the purpose of influencing any election Even though the restrictions of 441i(d) generic campaign activity conducted in for Federal office.’’ Thus, the may not apply, national party agents connection with an election in which a determination that host committees are will still be bound by the broad candidate for Federal office appears on not political committees does not proscription at 2 U.S.C. 441i(a). This the ballot. 2 U.S.C. 441i(e)(4)(A) (citing resolve the question of whether they will mean that such agents may not 2 U.S.C. 431(20)(A)(i) and (ii)). make ‘‘disbursements in connection solicit any funds not subject to the The principal purpose of a host with a Federal election.’’ limits, prohibitions, and reporting committee or municipal fund is to One commenter also asserted that, in requirements of the statute. In effect, promote and generate commerce in the litigation challenging BCRA, the such agents will be able to solicit funds host city; its principal purpose is not to Commission explained that 2 U.S.C. that would be subject to the conduct the specified types of Federal 441i(d) reflected Congressional contribution limit for ‘‘any other election activity that would trigger the recognition that some tax-exempt political committee’’ (i.e., $5,000 per exception to the rule permitting general organizations engage in campaign year pursuant to 2 U.S.C. 441a(a)(1)(C), solicitations for 501(c) organizations. activities to benefit Federal candidates. (2)(C)), but no donations from Therefore, under 2 U.S.C. 441i(e)(4)(A), The commenter suggested that because prohibited sources could be solicited, Federal candidates and officeholders this purpose is not relevant to host and the funds would have to be reported may make general solicitations of funds committees, the Commission should not by the recipient host committee or on behalf of any host committee or consider solicitations for host municipal fund. municipal fund that is a 501(c) committees subject to 2 U.S.C. 441i(d). 11 CFR 9008.55(e)—Candidate organization where such solicitations do The Commission disagrees. The passage not specify how the funds will or of the government’s brief quoted by this Solicitations for Host Committee and Municipal Funds should be spent and where the Federal commenter did not purport to be an candidates and officeholders do not exhaustive list of activities prohibited BCRA also prohibits Federal establish, finance, maintain, or control by 2 U.S.C. 441i(d). Indeed, later in the candidates and individuals holding these organizations.8 same brief, the wider effect of the Federal office 7 from soliciting, The final rule at 11 CFR 9008.55(e) is provision was made clear: ‘‘Moreover, modified from the proposed rule to state donations solicited or directed by 7 An ‘‘individual holding Federal office’’ is that Federal candidates and national party committees to benefit tax- defined as ‘‘an individual elected to or serving in officeholders and their agents may make the office of President or Vice President of the exempt organizations that conduct United States; or a Senator or a Representative in, political activities create the same or Delegate or Resident Commissioner to, the definition of ‘‘Federal officeholder’’ in 11 CFR potential problems of corruption that Congress of the United States.’’ 11 CFR 300.2(o). It 113.2(c). other unregulated fund-raising by the does not include those ‘‘who are appointed to 8 In AO 2003–12, the Commission determined positions such as the secretaries of departments in that the exceptions in 2 U.S.C. 441i(e)(4) do not national party engenders. * * *’’ Brief the executive branch, or other positions that are not apply to a section 501(c) organization established, of Defendants, at 118, McConnell v. filled by election.’’ Non-Federal Funds Final Rules, financed, maintained, or controlled by a Federal FEC, 251 F. Supp. 2d 176 (D.D.C. 2003); 67 FR at 49,087. This definition is identical to the candidate or officeholder, or agent of either.

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general solicitations on behalf of host and 9008.53. See new 11 CFR expenses and, therefore, the committees or municipal funds that are 9008.55(a). Therefore, the Commission Commission had a responsibility to section 501(c) organizations, provided has also determined that convention insure that such donations ‘‘were the solicitations do not specify how the committees may offset host committee properly raised and spent.’’ Explanation funds will or should be spent and or municipal fund impermissible in- and Justification for Presidential provided that the solicitations are kind contributions. Accordingly, no Election Campaign Fund and Federal otherwise permitted by 2 U.S.C. revisions need be made in the final Financing of Presidential Nominating 441i(e)(4)(A).9 rules. Conventions, 44 FR 63036, 63038 (Nov. 1, 1979). Other Convention-Related Issues C. Private Hospitality Events Two commenters argued that the A. Goods and Services Provided to The NPRM also sought comment on Commission does not have statutory Convention Committees by Commercial whether BCRA requires regulation of authority to conduct routine audits of Vendors private hospitality events held by host committees. In their view, the corporations, labor organizations, and The NPRM also sought comment on Commission’s routine audit authority is other groups in the convention city proposed changes to the rule on limited to candidates and committees during the convention. Such events are convention committees receiving goods that receive public funds, and is meant typically held in locations outside the and services from commercial vendors, to ensure that such candidates and convention venue, but often in close 11 CFR 9008.9. Some commenters committees do not misspend those proximity to it. Convention attendees argued that nothing in BCRA should public funds. One commenter stated including delegates, Federal candidates change the conclusion that the that routine audits of host committees and officeholders, and political party provision of these goods and services is are unwarranted because host officials are often invited to these permissible. In contrast, a different committees do not receive public funds. events, and such individuals frequently commenter argued that this exception Both commenters favored repealing 11 speak or are recognized at such events. violates both FECA and BCRA, citing CFR 9008.54. Four commenters addressed this After considering the comments, the many of the same reasons some issue, and they all agreed that BCRA Commission has concluded that it commenters used to argue that the does not require regulatory language possesses authority to audit host Commission’s current host committee regarding these hospitality events. One committees on a routine basis. The and municipal regulations are contrary of the commenters noted that these Commission notes that the audit to FECA and BCRA. For the same events could be subject to regulation on authority in 26 U.S.C. 9009(b) is broad. reasons stated above regarding the host some other basis, if, for example, the That section grants the Commission the committee and municipal fund events were also fundraisers for a power ‘‘to conduct such examinations exception, the Commission has political committee under the Act. and audits’’ as it deems necessary to determined that no change to 11 CFR The Commission has concluded that carry out the responsibilities with 9008.9 is required by BCRA. BCRA does not change the which the Commission has been B. Offsets determination that the temporal and charged. Unlike 26 U.S.C. 9007(a), The NPRM sought comment on geographic proximity of these events to which requires the Commission to whether BCRA required any Presidential nominating conventions conduct routine audits of publicly- reevaluation of the practice of does not subject the events to regulation financed candidates and convention permitting convention committees to under FECA solely because of that committees, section 9009(b) does not ‘‘offset’’ in-kind contributions received proximity. The Commission notes that require the Commission to audit host from host committees that are deemed FECA regulation could be triggered committees. It does, however, grant the impermissible in post-convention nonetheless by such events if, for Commission the discretion to do so. audits. Under this practice, rather than example, a Federal political committee Given the increasingly vital role that require repayment of 100% of these holds a fundraising event. host committees play in financing the national nominating conventions, the receipts, the convention committee is D. Host Committee Audits Commission continues to find it permitted to offset the impermissible in- The NPRM sought comment on kind contributions with convention necessary to conduct routine host whether the examination and audit committee audits to ensure that such committee expenditures that could have authority set forth in current 11 CFR been paid by the host committee. The entities do not provide ‘‘anything of 9008.54 has an adequate statutory basis value’’ to convention committees, Commission has concluded that under under FECA or the Fund Act. This BCRA convention committees may except as expressly permitted in 11 CFR section mandates audits of all host 9008.52(b). continue to receive in-kind donations committees. The Fund Act gives the from host committees and municipal Commission the authority ‘‘to conduct E. Municipal Fund Audits funds provided the in-kind donations such examinations and audits (in While the NPRM proposed to are in accordance with 11 CFR 9008.52 addition to the examinations and audits eliminate many of the discrepancies in required by section 9007(a)) * * * as it the manner that the Commission’s 9 The new regulations at 11 CFR 300.52 and 300.65 could be read to restrict a broader range of deems necessary to carry out the regulations applied to host committees general solicitations made on behalf of 501(c) functions and duties imposed on (the and municipal funds, it did not propose organizations than does the related provision of Commission) by this chapter.’’ 26 U.S.C. extending the routine audit provision BCRA, 2 U.S.C. 441(e)(4)(A). Specifically, the 9009(b). applicable to host committees, 11 CFR regulations appear to bar general solicitations on behalf of 501(c) organizations for any election When the predecessor to the current 9008.54, to municipal funds as well. activity, including certain types of Federal election version of 11 CFR 9008.54 was While the NPRM did not propose to activity; section 441(e)(4)(A), however, bars only promulgated in 1979, the Commission conduct routine audits of municipal those general solicitations on behalf of 501(c) determined it was necessary to audit funds, it indicated that the Commission organizations whose principal purpose is to conduct these specified types of Federal election host committees because host retains the authority to conduct a activity. The regulations should be read as barring committees are allowed to accept detailed and thorough review of only those solicitations covered by the statute. donations to defray convention municipal fund transactions if such an

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examination is necessary in particular encompass all the regulations up to and In addition, the Commission is circumstances. Comment was sought on including 11 CFR part 400 among the deleting the sentence in former whether, because municipal funds are regulations with which candidates and § 9034.4(a)(3)(ii) that stated: ‘‘The already subject to government oversight, their authorized committees agree to candidate shall be entitled to receive the as well as for the sake of comity comply. same proportion of matching funds to between Federal and State or local defray net outstanding campaign 11 CFR 9033.11—Documentation of agencies, the Commission should obligations as the candidate received Disbursements decline to revise 11 CFR 9008.54 to before his or her date of ineligibility.’’ extend its audit authority to cover The changes to § 9033.11 follow the In practice, each submission for municipal funds. One commenter changes to 11 CFR 9003.5 discussed matching funds is reviewed opposed subjecting municipal funds to above. individually; thus, a candidate receives a different proportion of matching funds automatic audits. 11 CFR Part 9034—Entitlements The Commission has decided not to for each submission. Deleting this extend the audit authority set forth in 11 11 CFR 9034.4—Use of Contributions sentence makes clear that candidates CFR 9008.54 to municipal funds and Matching Payments; Examples of will continue to receive matching funds because routine, full-scale audits of Qualified Campaign Expenses and Non- based on the Commission’s review of municipal funds are unnecessary, given Qualified Campaign Expenses each matching fund submission, rather than on the proportion of matching that municipal funds’ financial Section 9034.4, which concerns the transactions are already subject to funds the candidate received for any use of contributions and matching previous submission. Revised 11 CFR careful scrutiny by local authorities. The payments for qualified and non- Commission does, however, retain the 9034.4(a)(3)(ii) also includes a new qualified campaign expenses, is being reference to 11 CFR 9034.11. No authority to conduct detailed and amended in several respects. First, the thorough examinations of municipal comments were received regarding these heading for this section is being changes to § 9034.4(a)(3)(ii). fund transactions and accounts related modified by adding the words to the convention when warranted. ‘‘examples of qualified campaign 11 CFR 9034.4(a)(3)(iii) 11 CFR Part 9031—Scope expenses and nonqualified campaign As discussed below in the expenses’’ to assist the reader in 11 CFR 9031.1—Scope explanation and justification of 11 CFR locating these examples. 9035.1(c)(1), paragraph (a)(3)(iii) is The Commission is making two 11 CFR 9034.4(a)(3)(i)—Definition of being moved from § 9034.4 to technical amendments to this section to ‘‘Winding Down Costs’’ § 9035.1(c)(1). update the references to its other regulations. The Commission is revising 11 CFR 11 CFR 9034.4(a)(5)—Gifts and Bonuses 9034.4 to move provisions from The NPRM sought comment on 11 CFR Part 9032—Definitions paragraph (a)(3)(i) to the new rule on revising 11 CFR 9034.3(a)(5) regarding 11 CFR 9032.9—Qualified Campaign winding down costs in 11 CFR 9034.11, gifts and bonuses paid to campaign Expenses discussed below. Revised employees, consultants, and volunteers. § 9034.4(a)(3)(i) indicates that winding Section 9032.9 defines qualified For the reasons explained above in the down costs that satisfy new 11 CFR campaign expenses. One technical explanation and justification for newly 9034.11 are qualified campaign correction is being made in § 9032.9(c). redesignated 11 CFR 9004.4(a)(6), the expenses. Previously, this rule stated that Commission has decided to make a expenditures incurred ‘‘before the 11 CFR 9034.4(a)(3)(ii)—Private similar change to 11 CFR 9034.4(a)(5). beginning of the expenditure report Contributions Received After DOI 11 CFR 9034.4(a)(6)—Convention period’’ are qualified campaign The Commission is also revising 11 Expenses of Ineligible Candidates expenses if they meet the requirements CFR 9034.4(a)(3)(ii) to clarify the rules The NPRM proposed adding a new of 11 CFR 9034.4(a), which addresses, governing ineligible primary election section 11 CFR 9034.4(a)(6) to reflect its inter alia, testing the waters expenses Presidential candidates who continue to decision in AO 2000–12 permitting prior to the date an individual becomes campaign after their dates of certain convention expenses incurred by a candidate. The reference to ineligibility. Previously, paragraph Presidential primary candidates after ‘‘expenditure report period’’ was an (a)(3)(ii) provided that these candidates their dates of ineligibility to be error because that term applies to may use ‘‘contributions received after’’ considered qualified campaign general election candidates. See 11 CFR the DOI to continue to campaign. expenses. In AO 2000–12, the 9002.12. This reference is being changed However, 11 CFR 9034.5(a)(2)(i) Commission permitted ineligible to ‘‘prior to the date the individual provides that a candidate’s cash on candidates to treat as qualified becomes a candidate,’’ the same hand on the NOCO Statement should campaign expenses certain costs related wording used in 11 CFR 9034.4(a)(2), include ‘‘all contributions dated on or to meetings and events at the national governing testing the waters expenses. before’’ the DOI, whether or not nominating conventions subject to some No commenters addressed this topic. submitted for matching. Thus, restrictions. Specifically, the 11 CFR Part 9033—Eligibility for contributions that were dated on or Commission allowed costs related to Payments before the DOI but received after the meetings and receptions to thank DOI were subject to both rules, and the delegates and supporters to be treated as 11 CFR 9033.1—Candidate and previous rules did not make clear how qualified campaign expenses, but did Committee Agreements they should be treated. Section not also allow travel costs related to Similar to the technical amendment to 9034.4(a)(3)(ii) is being revised to such events to be considered qualified 11 CFR 9003.1(b)(8) discussed above, eliminate the overlap by stating that campaign expenses. The Commission the Commission is revising § 9033.1. only a contribution that is dated after a also permitted ineligible candidates to The reference to 11 CFR parts 100–116 candidate’s DOI may be used to incur qualified campaign expenses in paragraph (b)(10) is amended to continue to campaign. related to specific fundraising events at

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the national nominating conventions, as fundraising events at the national political committee’s payment is not to well as travel expenses to attend such nominating conventions to retire be treated as an in-kind contribution for events. campaign debt. either entity, but rather the One commenter agreed that the reimbursement is an expenditure of the 11 CFR 9034.4(b)(3)—Non-Qualified expenses in AO 2000–12 should be candidate’s campaign and is a qualified Campaign Expenses treated as qualified campaign expenses, campaign expense of the candidate’s and suggested that the rule should be Revisions are being made to 11 CFR campaign (in the case of a publicly extended to cover most convention 9034.4(b)(3) to more clearly state that funded candidate). expenses of primary candidates winding down costs addressed in One distinction built into the final incurred after DOI. This commenter paragraph (a)(3) of this section are rules is that they cover only payments asserted that reasonable convention qualified campaign expenses. The by multicandidate political committees expenses are in connection with a revised rules also indicate that certain before the individual benefiting actually candidate’s campaign for nomination convention expenses permitted under becomes a candidate within the both for candidates who continue to paragraph (a)(6) of this section are meaning of 2 U.S.C. 431(2) and 26 campaign past their eligibility date and qualified campaign expenses. As U.S.C. 9032(2). The Commission’s those who withdraw or suspend their proposed in the NPRM, § 9034.4(b)(3) experience is that after an individual campaigns. Candidates who withdraw would have also referred to continuing becomes a candidate for the Presidency or suspend their campaigns might to campaign costs; however, in the final by virtue of receiving more than $5,000 restart their campaigns depending on rules, it does not refer to continuing to in contributions or making more than changed circumstances. The commenter campaign costs because those costs are $5,000 in expenditures, and taking into suggested a ceiling of $100,000 to not qualified campaign expenses. account the ‘‘testing the waters’’ $250,000 for such expenses. 11 CFR 9034.10—Pre-Candidacy allowances at 11 CFR 100.72 and The Commission is adding new 11 Payments by Multicandidate Political 100.131, the candidate’s principal CFR 9034.4(a)(6) to provide a simpler Committees Deemed In-kind campaign committee or other authorized approach in which a candidate may Contributions and Qualified Campaign committee would pay the types of treat expenses related to the national Expenses; Effect of Reimbursement expenses involved here. The focus of nominating convention of up to $50,000 the final rules, therefore, is those as qualified campaign expenses. This In the NPRM, the Commission expenses paid by multicandidate rule recognizes that ineligible proposed adding language at 11 CFR political committees prior to actual candidates have interests in 9034.10 to treat certain expenses candidacy under the law, i.e., during the participating in their parties’ national incurred by multicandidate committees ‘‘testing the waters’’ phase and before. nominating convention related to their as in-kind contributions benefiting For other situations not addressed in candidacy for the nomination. Thus, it publicly funded Presidential candidates. new § 110.2(l) or § 9034.10, including is reasonable to allow candidates to use Similar language was proposed at 11 when expenditures are paid for by public funds to participate in their CFR 110.2(l) to reach a similar result multicandidate committees after party’s national nominating convention. where multicandidate committees incur candidacy, the general provisions This bright line rule avoids the such expenses benefiting Presidential describing in-kind contributions at 11 necessity of considering whether candidates who are not publicly funded. CFR 100.52(a) and (d), 109.20, 109.21, convention expenses are in fact These provisions were designed to 109.23, and 109.37 would apply. The necessary for fundraising activities or address situations where unauthorized covered expenses in the new rules at 11 are genuinely to thank those who political committees closely associated CFR 110.2(l) and 9034.10 would not assisted the campaign as required by AO with a particular individual planning to trigger candidacy themselves, but would 2002–12. run for President defray costs that are count as contributions in-kind and/or The new rule in 11 CFR 9034.4(a)(6) properly treated as in-kind qualified campaign expenses if and provides that an ineligible candidate contributions unless reimbursed by the when the individual benefiting becomes may treat up to $50,000 in expenses Presidential campaign. a candidate, including by operation of related to the national nominating Two commenters addressed this 11 CFR 100.72(b) and 100.131(b). convention as qualified campaign topic. One commenter generally Both final rules narrow the types of expenses. Any costs reasonably related supported the proposed rule, but noted expenses covered in the proposed rules to the candidate’s attendance, that it did not address similar issues in by qualifying each. For example, only participation or activities at the Congressional campaigns. The other polling expenses that involve measuring Presidential nominating convention commenter suggested that in this the favorability, name recognition, or would be a qualified campaign expense context even polling that did not relative support of the person who under the new rule, including travel and mention a particular Presidential becomes a Presidential candidate are lodging costs of the candidate, his or her candidate should be covered. subject to the rules. General polling family, and campaign staff, consultants The Commission is adopting final solely regarding issues would not be and volunteers to attend the convention, rules that use much of the approach set covered. Compensation and office the costs of hosting receptions and forth in the proposed rules. The final expenses would be covered only to the events, and other convention-related rules, though, narrow their focus so they extent they relate to activities in states costs. Any amount in excess of $50,000 are clearer in application and better where Presidential primaries, caucuses, will not be considered a qualified targeted to the situations that truly or preference polls are yet to be campaign expense and may be subject to present the potential for evasion of the conducted. repayment. The $50,000 cap is based on contribution and spending limits. The Both final rules also narrow the the Commission’s experience as to how final rules also provide a mechanism for coverage to situations where there is much is reasonably necessary for this a Presidential campaign to achieve some involvement of the benefiting purpose. Apart from the $50,000 cap, compliance with the law by promptly candidate. It became apparent that there any candidate who is in a deficit reimbursing the multicandidate may be some multicandidate political position after DOI may incur additional committee. If there is full and timely committee payments of the type qualified campaign expenses related to reimbursement, the multicandidate described that are undertaken without

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any involvement of the individual who candidacy), the payment must be treated diminishes because such costs are often becomes a Presidential candidate. For as an in-kind contribution, and any such provided at a fixed price for the example, some multicandidate payments not previously reported as anticipated duration of the service and committees might independently such would have to be so reported are not directly dependent upon undertake polling to test the relative through the amendment process. whether the campaign is active or support of various potential candidates Please note that nothing in these final closing down. for President in order to make decisions rules alters the application of 11 CFR As it did with the 2000 general about which candidate to support with 109.21(b)(2) or 109.37(a)(3) or (b). The election candidates, the Commission contributions or independent Commission also notes that these final compared the approximate winding expenditures. Other committees might rules in no way address situations down costs of the primary election be setting up staffed offices in States where the Commission determines that candidates to the proposed winding that will be conducting Presidential the multicandidate political committee down limitations. Ten primary primaries, but have no involvement and the candidate’s principal campaign candidates received matching funds in whatsoever with a person who becomes committee are affiliated under 11 CFR 2000. Three of these primary a Presidential candidate. 100.5(g)(4). candidates’ winding down limitations The Commission decided to refer to 11 CFR 9034.11—Winding Down Costs would have been calculated based on standards already in the regulations to the maximum winding down limitation. reach only those expenditures that This new section addresses winding Of these, only one would have exceeded properly should be treated as in-kind down costs for primary election the proposed winding down limitation, contributions and/or qualified campaign candidates. For the reasons stated in the having spent approximately 8% of the expenses. Thus, the final rules cover explanation and justification for new 11 expenditure limitation. Six primary only those situations where the CFR 9004.11, which addresses winding candidates’ winding down limitations benefiting candidate ‘‘accepted or down costs for general election would have been calculated based on received’’ the goods or services, candidates, the Commission is adopting ‘‘requested or suggested’’ the goods or a similar approach to winding down their expenditures. Of these, four services, had ‘‘material involvement’’ in costs of primary candidates in new candidates would have exceeded the the decision to provide the goods or § 9034.11, with some differences 5% winding down limitation proposed services, or was involved in ‘‘substantial described below. in the NPRM, with winding down costs discussions’’ about providing the goods ranging between approximately 13% 11 CFR 9034.11(a)—Definition of and 42% of their expenditures. One or services. See 11 CFR 106.4(b); ‘‘Winding Down Costs’’ 109.21(b)(2), (d)(1), (d)(2), (d)(3). This candidate who would have been subject approach was driven, in part, by the fact The definition of ‘‘winding down to the minimum winding down that the Commission did not in these costs’’ in new § 9034.11(a) is similar to limitation of $100,000 spent rules want to try to differentiate the definition in § 9004.11(a) except that substantially less than that amount. between various types of multicandidate the costs are related to the candidate’s Thus, of the ten publicly funded committees, such as those commonly campaign for nomination rather than the primary committees in the 2000 referred to as ‘‘leadership PACs.’’ candidate’s general election campaign. Presidential elections, five committees However, without some nexus with a New § 9034.11(a) includes a revised had winding down expenses that would particular benefiting candidate, the version of the first sentence of previous have exceeded the proposed limitation. rules would reach too broadly. As a 11 CFR 9034.4(a)(3)(i) to clarify that One of these had sufficient funds in its practical matter, the final rules probably winding down costs are limited to costs related GELAC that could have paid the will have the most impact on so called associated with the termination of excessive winding down expenses. The ‘‘leadership PACs,’’ but other types of political activity related to seeking that other four committees would have multicandidate political committees candidate’s nomination for election. received less matching funds after their will be covered as well. This change helps to clarify that DOIs.10 If reimbursement is made by the primary election campaign winding The Commission also considered the Presidential campaign within 30 days down expenses are legally distinct from results of the hypothetical application to after the benefiting candidate becomes a general election campaign winding the 2000 candidates of a 10% winding candidate, the multicandidate political down expenses. down limitation for primary election committee’s payment will not be 11 CFR 9034.11(b)—Winding Down candidates. This percentage would deemed an in-kind contribution. Limitation allow most campaigns, particularly Because some such payments may fall small campaigns of unsuccessful within the last 30 days of a In the NPRM the Commission candidates, to pay necessary winding multicandidate committee’s and a proposed placing a 5% amount down costs without exceeding the Presidential candidate’s reporting limitation on winding down costs for winding down limitation, and ensure period, and before the reimbursement primary election candidates similar to that only campaigns with has been made, the question of whether the limit proposed for general election extraordinarily high winding down to initially report the payment as a candidates. One commenter opposed expenses exceed the winding down contribution in-kind arises. Because of the 5% limit, noting that in the 2000 limitation. Although four of the ten the nature of these expenses, and the election cycle a number of candidates 2000 election cycle primary candidates fact that treatment as an in-kind would have exceeded this limitation. would have spent more than a 10% contribution does not arise unless and The commenter viewed winding down limitation, two of those candidates until the benefiting Presidential aspirant costs as fixed costs. The commenter spent close to that amount (13% and legally becomes a candidate, the stated that media costs become an 14%) and might have been able to adjust Commission will not require the increasingly larger percentage of a their expenditures to fall within the new payment to be treated as an in-kind campaign’s expenditures as money contribution under these circumstances. becomes available, while the percentage 10 Of course, this comparison is hypothetical, and After the reimbursement opportunity of expenditures for accounting, legal the committees might have curbed certain expenses has passed, though (30 days after services, office space and supplies had the new rules been in effect.

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limitation; only two candidates spent far 9004.11(b). In addition, taxes on non- 11 CFR 9034.11(c)—Allocation of in excess of a 10% limitation. exempt function income such as Primary and General Election Winding Accordingly the Commission is interest, dividends and sale of property Down Costs adopting a winding down limitation for are exempt from a primary candidate’s The rules in new 11 CFR 9034.11(c) primary election candidates in new overall expenditure limitation. See 11 on the allocation of primary and general § 9034.11(b). Specifically, the new CFR 9034.4(a)(4). election winding down costs follow the primary election winding down new rules in 11 CFR 9004.11(c). limitation is (1) 10% of the overall After a primary candidate’s accounts expenditure limitation; or (2) 10% of the no longer contain public funds, 11 CFR 9034.11(d)—Candidates Who total of the candidate’s expenditures including after making any required Run in Both Primary and General subject to the overall expenditure surplus repayments, private funds may Elections be used to pay for expenses in excess of limitation as of the candidate’s DOI, The Commission is revising its rules the winding down limitation without plus the candidate’s expenses exempt to clarify which costs constitute primary resulting in non-qualified campaign from the overall expenditure limitation winding down costs for candidates who as of DOI, such as fundraising, legal and expenses. In addition, as discussed participate in both the primary and accounting compliance expenses and above, the new rule will permit a general elections. The Commission’s other expenses. Like general election candidate’s GELAC to pay the primary rules in former 11 CFR 9034.4(a)(3)(i) candidates, all primary candidates may committee’s winding down expenses and (iii) allowed only candidates who spend a minimum of $100,000 on under certain conditions. do not accept public funding in the winding down costs. One commenter argued that the general election to begin to incur This limitation only applies to the use Commission has the authority to create winding down costs and to treat of public funds or a mixture of public a fund for primary candidates like the winding down expenses for salary, and private funds for winding down GELAC and could provide clear overhead and computer costs as 100% costs. The final rule allows a primary guidance as to the permissible expenses compliance costs beginning candidate who is in a deficit position at immediately after their DOI. The former the DOI to pay for winding down costs from the fund, which would create an incentive for candidates to adopt strong rule, however, did not expressly address in excess of the limitation after the the situation of a candidate who runs in committee’s accounts no longer contain compliance procedures. The Commission disagrees. Fully funded both the primary and general elections any matching funds. See 11 CFR and does not receive public funding for 9038.2(b)(2)(iii)(B) and (iv). Primary general election candidates may not accept private contributions; thus, the the general election. In the 2000 candidates who have a surplus at the election, questions arose about how to GELAC allows such candidates to DOI will be required to make a surplus treat administrative expenses incurred accept contributions, but only for repayment to the United States Treasury during the general election expenditure before they may use private funds for limited legal and compliance costs. See report period by a publicly funded winding down costs in excess of the 11 CFR 9003.3. General election primary election candidate who also ran limitation. See 11 CFR 9038.3(c). The candidates are also permitted some in the general election but did not rule restricts the expenses used to expenses that do not count toward the receive public funds for the general calculate the winding down limitation expenditure limitations and the GELAC election. to the period prior to a primary is a source of funds for these exempt The Commission believes that candidate’s DOI to prevent candidates expenditures. Primary candidates may candidates who are actively from increasing their winding down accept private contributions. To the campaigning in the general election limitation by spending more for extent that primary candidates are not should not be considered to be winding down expenses. in a surplus position and no longer terminating political activity and In practice, the winding down retain any matching funds in their winding down their primary campaigns. limitation for primary candidates with accounts, they may use private Candidates who run in the general large campaigns would be the maximum contributions for winding down election, whether or not they receive winding down limitation: 10% of the expenses in excess of the new public funds for that election, must wait overall expenditure limitation. restrictions without having to make a until 31 days after the general election, Currently, the primary election which is the first day after the end of the expenditure limitation is equal to repayment for non-qualified campaign expenses. Thus, a separate compliance expenditure report period for publicly $36,480,000, so the 10% limit would financed general election candidates, 11 fund is not necessary for primary equal $3,648,000. For primary before they may begin to incur and pay candidates with smaller campaigns, the candidates. In addition, there is no basis for permitting primary candidates to winding down expenses or allocate winding down limitation would equal them as 100% compliance expenses. 10% of their expenses prior to DOI. For have more than one contribution limitation for the same election by Consequently, the new rule at 11 CFR purposes of calculating the amount of 9034.11(d) expressly applies without allowing a separate contribution the winding down limitation based on regard to whether candidates’ general limitation for a legal defense fund or a primary candidate’s expenses, a election campaigns are publicly funded. candidate’s expenses include both legal and accounting compliance fund. Expenses incurred during the disbursements and accounts payable as For these reasons, the Commission expenditure report period for publicly of the DOI for the same categories of does not believe that a new primary funded general election candidates or expenses that are listed above in the legal defense fund for enforcement the equivalent time period ending 30 discussion of the general election matters and other legal proceedings or a days after the general election for other candidate limitation at 11 CFR primary legal and compliance fund general election candidates, are general similar to a GELAC is necessary or election expenses, rather than primary 11 Before the 2004 primary elections, the primary election expenditure limit under 2 U.S.C. appropriate for primary election winding down costs. This rule prevents 441a(b)(1)(A) is subject to an additional annual candidates. the use of primary matching funds for adjustment under 2 U.S.C. 441a(c). non-qualified expenses related to the

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general election. See 11 CFR 9032.9(a) 9035.1(a) to provide guidance on the (request or suggestion), 11 CFR and 9034.4(b). Although this revised extent to which coordinated 109.21(d)(2) (material involvement), or rule may result in general election expenditures, coordinated 11 CFR 109.21(d)(3) (substantial campaigns incurring a small amount of communications, coordinated party discussion). Thus, only certain, specific administrative costs related to expenditures, party coordinated actions taken by the candidate or the terminating the primary campaign communications and other in-kind candidate’s authorized committee or during the general election period, in contributions will count against the agents, as set forth in 11 CFR 109.21 and practice, these expenses are offset by spending limits in § 9035.1(a)(1). The 11 CFR 109.37, result in the receipt or general election start up costs that are Commission has decided to adopt the acceptance of an in-kind contribution incurred and paid by the primary proposed additions to the rules at 11 arising from a coordinated committee prior to the candidate’s DOI. CFR 9035.1. communication or a party coordinated This approach is also consistent with The Commission has generally treated communication. Only in-kind the Commission’s bright line rules for the receipt of in-kind contributions by contributions received or accepted by allocating expenses between primary Presidential primary candidates as the candidate or authorized committee and general campaigns at 11 CFR expenditures made by those candidates or agent are treated as expenditures 9034.4(e), which allow some primary subject to the expenditure limitations made by the candidate. See 11 CFR related expenses to be paid by the and has included such in-kind 109.20(b) (requiring a candidate to general election committee and vice contributions in the total amount of a report coordinated expenditures as versa. candidate’s expenditures subject to the expenditures); 11 CFR 109.21(b)(1) One commenter believed that this limits in calculating repayments based (requiring a candidate to report received approach addresses the danger of on excessive expenditures. In one or accepted coordinated primary funds paying for general repayment determination arising from communications as expenditures); 11 election activity but fails to address the an audit of a 1988 candidate, the CFR 109.37(a)(3) (stating that candidates situation where a candidate only Commission concluded that in-kind are not required to report as receives public funds in the general contributions for testing-the-waters expenditures party coordinated election and could use primary expenses from a multicandidate communications that do not constitute campaign funds to defray general political committee associated with that received or accepted in-kind election expenses. The Commission candidate, which was considered his contributions). does not agree that this is a problem ‘‘leadership PAC,’’ were subject to the The final rules add new paragraph because a candidate is not permitted to candidate’s state-by-state spending (a)(3) to § 9035.1 to specify that supplement the general election grant limits. The Commission considered in- coordinated expenditures pursuant to by paying general election expenses kind contributions to be part of the 11 CFR 109.20, coordinated with primary funds. mixed pool of public and private funds, communications pursuant to section New paragraph 11 CFR 9034.11(d) is and thus, these expenditures were 109.21, coordinated party expenditures, based on former 11 CFR 9034.4(a)(3)(i) included in calculating the amount in party coordinated communications with certain revisions. The new rule at excess of the limitations subject to pursuant to section 109.37, and in-kind 11 CFR 9034.11(d) states that a repayment. The final rules amend 11 contributions count against the candidate who runs in the general CFR 9035.1(a) and 9038.2(b)(2) expenditure limitations and are election must wait until the day (discussed below) to reflect this included in the total amount of a following the date 30 days after the approach. publicly funded candidate’s general election before using matching In the BCRA rulemaking on expenditures subject to the limits. New funds for primary winding down costs, coordinated and independent 11 CFR 9035.1(a)(3) states that the regardless of whether the candidate expenditures, the Commission defined Commission will attribute to a receives public funds for the general the terms ‘‘coordinated,’’ ‘‘coordinated candidate’s overall and state-by-state election. This rule also clarifies that no communication,’’ and ‘‘party expenditure limitations the total of all: coordinated communications’’ in 11 expenses incurred prior to 31 days after (1) Coordinated expenditures under 11 CFR 109.20, 109.21, and 109.37, the general election by candidates who CFR 109.20; (2) coordinated respectively. See Explanation and run in the general election may be communications under 11 CFR 109.21 Justification for Final Rules on considered primary winding down costs that are in-kind contributions received Coordinated and Independent or paid with matching funds. Other or accepted by the candidate, authorized Expenditures, 68 FR 421 (Jan. 3, 2003). portions of former § 9034.4(a)(3)(i) are committee or agent; (3) coordinated These rules also describe circumstances discussed below in the explanation and party expenditures, including party in which coordinated expenditures and coordinated communications under 11 justification for 11 CFR 9035.1(c)(i). coordinated communications are treated CFR 109.37 that are in-kind 11 CFR Part 9035—Expenditure as in-kind contributions. contributions received or accepted by Limitations Under 11 CFR 109.21(b)(2) and 11 the candidate, authorized committee or CFR 109.37(a)(3), some coordinated agent and that exceed the coordinated 11 CFR 9035.1—Campaign Expenditure expenditures are made by a person or party expenditure limitation at 11 CFR Limitation; Compliance and party committee, but are not received or 109.32(a); and (4) other in-kind Fundraising Exemptions accepted by a candidate. Specifically, contributions received or accepted by Section 9035.1(a)(1) of the expenditures that meet the conduct the candidate, authorized committee or Commission’s regulations implements standards for a common vendor at 11 agent. This new paragraph is consistent the spending limit for primary election CFR 109.21(d)(4) or a former employee with the Commission’s general past candidates and their authorized or independent contractor at 11 CFR practice in audits of treating in-kind committees in 2 U.S.C. 441a(b)(1)(A). 109.21(d)(5) are not treated as received contributions as expenditures by the Section 9035.1(a)(2) prescribes how the or accepted by a candidate, unless the recipient Presidential candidates and amounts of expenditures attributed to candidate, authorized committee, or their authorized committees. the spending limits will be calculated. their agent engages in the conduct The phrase ‘‘receive or accept’’ in 11 The NPRM proposed to clarify 11 CFR described in 11 CFR 109.21(d)(1) CFR 9035.1 is consistent with the

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terminology used in 11 CFR coordinated party expenditures made payments were due. See generally 26 109.21(b)(2), 11 CFR 109.23(a) and 11 under § 109.32(a), which specifies the U.S.C. 9037(b); 11 CFR 9036.4(c)(2), CFR 109.37(a)(3) to ensure that any limitations for coordinated party 9037.1, 9037.2. The delay or deficiency coordinated expenditures that are not expenditures in Presidential elections, in matching fund payments has resulted ‘‘received or accepted’’ by a candidate do not count against the candidate’s in inconvenience and additional costs do not count against that candidate’s expenditure limitations. However, any for candidates, such as additional costs expenditure limitations. One party coordinated expenditures for ‘‘bridge loans’’ to pay for their commenter stated that limiting the rule exceeding the 2 U.S.C. 441a(d)(2) party expenses until they received their full to in-kind contributions that the expenditure limitations would count entitlement of matching funds several candidate has received or accepted against the candidate’s expenditure months later. Such expenses currently under 11 CFR part 109 is a common limitations. Thus, the new rule in 11 count against a candidate’s overall sense extension of the existing rules, CFR 9035.1(a)(3) does not adversely expenditure limitation, reducing the which provide that a person may make affect coordinated party expenditures amount the candidate may spend on an excessive in-kind contribution but because § 9035.1(a)(3) applies only to other campaign activities. the intended beneficiary will not violate amounts in excess of the statutory To mitigate the effect of a potential the law unless the candidate or limitations in 2 U.S.C. 441a(d)(2). shortfall on candidates, the Commission committee accepts or receives the Although coordinated party is creating a new ‘‘shortfall bridge loan contribution. This commenter stated expenditures are made in connection exemption’’ from a primary candidate’s that it is appropriate to apply the legal with the general election campaign of a overall expenditure limitation at new 11 principle that liability is the Presidential candidate, they may be CFR 9035.1(c)(3). The NPRM proposed consequence of one’s own acts and not made prior to the date of the candidate’s a flat exemption of 5% of the amount of the acts of others to regulations nomination, pursuant to 11 CFR 109.34. all delayed or deficient payments of governing whether a candidate has Any coordinated party expenditures matching funds to which the candidate made expenditures in excess of the that are in excess of the coordinated is entitled. One commenter supported limitations. The Commission is limiting party expenditure limitation at 11 CFR this concept but noted the difficulty in the new rule to in-kind contributions 109.32(a) may be attributable to a choosing a fair formula that would not received or accepted by the candidate, Presidential primary candidate’s favor candidates whose payments are authorized committee or agents to be expenditure limitations based on the delayed over those who are less consistent with the rules in 11 CFR part ‘‘bright line’’ rules at 11 CFR 9034.4(e) dependent on public funds. The 109. for attributing expenditures between the commenter argued that a candidate’s Additionally, new paragraph (a)(4) primary and general election spending expenditure limitation should not be provides that the value of an in-kind limitations. raised significantly over that applicable contribution is the usual and normal to other candidates unless the amount 11 CFR 9035.1(c)(1)—Compliance charge for the goods and services accurately reflects costs actually Exemption provided. incurred by the candidate. The revised rule in 11 CFR 9035.1 Section 11 CFR 9035.1(c)(1) addresses Rather than the flat percentage does not specifically list the the legal and accounting compliance proposed in the NPRM, the Commission dissemination, distribution or exemption to the expenditure has decided to base the new exemption republication of campaign material limitations. For greater clarity, the on the amount of interest charges prepared by a candidate, which is Commission is revising the rule to accrued during a shortfall period on all governed by 11 CFR 109.23. Section include a revised version of former 11 bridge loans obtained by a candidate if 109.23(a) provides that the candidate CFR 9034.4(a)(3)(iii), related to the the candidate experiences any delay or who prepared the campaign materials treatment of certain winding down deficiency in matching fund payments does not receive or accept an in-kind expenses as 100% compliance costs. due to a shortfall. Under new 11 CFR contribution, and need not report an The revised regulation provides that 9035.1(c)(3), only loans secured or expenditure, unless the dissemination, only candidates who do not run in the guaranteed by matching funds will be distribution, or republication of general election may treat 100% of eligible for this exemption. The interest campaign materials is a coordinated salary, overhead and computer expenses charges that are exempt from the communication under 11 CFR 109.21 or as exempt compliance expenses expenditure limit are those that accrued a party coordinated communication immediately after their date of during a shortfall period, which the new under 11 CFR 109.37. Thus, the cost of ineligibility. Candidates who run in the rule defines as beginning when the such campaign materials would not general election must wait until 31 days shortfall first impacts the candidate— count against the candidate’s after the general election to treat these the first payment date on which the expenditure limitations unless the expenses as exempt compliance costs. candidate does not receive the entire candidate receives or accepts them as For further discussion of the treatment amount of matching funds certified by in-kind contributions in the form of of winding down costs for candidates the Commission. The shortfall period coordinated communications or party who run in both the primary and ends on the date the candidate receives coordinated communications, as general elections, see the explanation the last of the matching funds to which provided in 11 CFR 109.21 and 11 CFR and justification for 11 CFR 9034.11(d) the candidate is entitled or becomes 109.37, respectively. Because the above. ineligible to receive them because the revised rule at 11 CFR 9035.1(a)(3) Commission revises the amount it specifically includes coordinated 11 CFR 9035.1(c)(3)—Shortfall Bridge previously certified. communications and party coordinated Loan Exemption If a candidate experiences a delay or communications that are received or During recent election cycles, the deficiency in matching fund payments, accepted, a reference to the Presidential Primary Matching Payment the candidate need not demonstrate that republication of campaign materials is Account has occasionally contained any bridge loan was necessitated by the unnecessary. insufficient funds to fully pay all of the deficiency in matching fund payments The Commission also notes that 11 matching funds to which primary to claim this exemption. In practice, it CFR 109.32(a)(4) provides that any candidates were entitled on the dates is difficult to distinguish between the

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costs of bridge loans that are a direct requirements include occupation and general election or primary campaign result of a shortfall in matching funds employer information for those committee, other than to reimburse and other loan expenses because a individuals who contribute more than funds advanced by the candidate, are shortfall in public funds may be only $200 in an election cycle, rather than in non-qualified campaign expenses. In one of several reasons a candidate needs a calendar year, to reflect the statutory promulgating these rules in 1987, the to obtain a bridge loan. The new rule change. One commenter noted that Commission explained that ‘‘no also requires that the candidate must these changes are not controversial and payments may be made to the candidate provide documentation demonstrating aim to reconcile the statute and from accounts containing public funds’’ the amount of interest charged on all regulations. except for reimbursements, and loans guaranteed or secured by 11 CFR 9036.2—Additional candidates ‘‘may not receive a salary for matching funds. Submissions for Matching Fund services performed for the campaign nor Finally, the Commission is not Payments may a candidate receive compensation creating a similar exemption for general for lost income while campaigning.’’ See election candidates because payments of The changes to the rules on additional Explanation and Justification for the public funds to general election submissions for matching funds at 11 Rules on Public Financing of candidates and conventions receive CFR 9036.2(b)(1)(v) follow the changes Presidential Primary and General priority over matching funds payments. made to 11 CFR 9036.1 regarding Election Candidates, 52 FR 20864, While there has been a shortfall in threshold submissions. 20866 and 20870 (June 3, 1987). matching fund payments in previous 11 CFR Part 9038—Examination and The NPRM for these Final Rules election cycles, there has never been a Audits indicated that the Commission was shortfall in payments to general election considering whether to revise 11 CFR candidates. 11 CFR 9038.2(b)(4)—Technical 9004.4 and 9034.4 to allow publicly Correction 11 CFR Part 9036—Review of Matching funded primary and general election Fund Submissions and Certification of Under 11 CFR 9038.2(b)(4), the Presidential candidates to receive Payments by Commission Commission may determine that the net salaries paid, in whole or part, with income derived from an investment or Federal funds, and to treat salary 11 CFR 9036.1—Matching Fund other use of surplus public funds after payments to candidates as qualified Submission a candidate’s DOI, less Federal, State campaign expenses under similar In 2000, the Commission revised its and local taxes paid on that income, conditions as those for salary payments rules at 11 CFR 104.3 to require shall be paid to the Federal Treasury. to other Federal candidates at 11 CFR authorized committees to aggregate, However, the word ‘‘taxes’’ was 113.1(g)(1)(i)(I). itemize, and report all receipts and inadvertently dropped from that There was no consensus among the disbursements on an election-cycle paragraph in the previous regulations. commenters on this issue. One basis rather than on a calendar-year-to- This word is being restored in the final commenter cautioned that this is a date basis. See Explanation and rule. policy issue best left to Congress, and it Justification for the Rules Governing Other Candidate Issues could have an adverse effect on the Election Cycle Reporting by Authorized public financing system by depressing Committees, 65 FR 42619 (July 11, A. Candidate Salary public participation in the tax check-off 2000). The new rules, which reflect a The Commission recently revised its system. In addition, this commenter 1999 amendment to 2 U.S.C. 434(b), rules governing personal use of observed that it may not be logical to apply to reporting periods beginning on campaign funds at 11 CFR part 113 to allow public funds to be used to pay for or after January 1, 2001. See Pub. L. implement BCRA’s changes to 2 U.S.C. candidate salary but not for household 106–58, section 641, 113 Stat. 430, 477 439a. In that rulemaking, the expenses, mortgages and tuition for the (1999); Announcement of Effective Date Commission decided to allow certain candidate’s family. Conversely, other for the Rules Governing Election Cycle campaign funds to be used for candidate commenters agreed with the proposal, Reporting by Authorized Committees, 65 salaries, including privately funded noting that currently, incumbent FR 70644 (Nov. 27, 2000). Under 11 CFR Presidential candidates, under certain Members of Congress, Presidents and 100.3(b), an election cycle begins on the conditions delineated at 11 CFR Vice Presidents maintain their salaries first day after the date of the previous 113.1(g)(1)(i)(I). See Explanation and while they are Presidential candidates, general election for the office the Justification for the Rules Governing but some challengers might be unable to candidate seeks or on the date an Disclaimers, Fraudulent Solicitation, do so. Some commenters believed the individual becomes a candidate and Civil Penalties, and Personal Use of proposal had sufficient safeguards and ends on the date of the next general Campaign Funds, 67 FR 76962, 76971– disclosure to prevent Presidential election for that office. The election 73 (Dec. 13, 2002). The Explanation and candidates from receiving a windfall cycle is thus four years or less for Justification for 11 CFR 113.1(g) from a campaign, while others saw a Presidential candidates. indicated that a salary payment to a potential for abuse. The Commission’s rules regarding candidate from campaign funds is The Commission has decided to threshold submissions for matching personal use if the salary payment is ‘‘in maintain its longstanding rule that funds in 11 CFR 9036.1(b)(1)(ii) excess of the salary paid to a Federal payments out of public funds to a previously required candidates to officeholder—U.S. House, U.S. Senate, Presidential candidate, except for submit a contributor list including or the Presidency.’’ 67 FR at 76972. The campaign expense reimbursements, are occupation and name of employer Commission noted that a candidate’s not qualified campaign expenses. information for contributions from salary does not constitute a qualified Because public funds are involved, the individuals aggregating in excess of campaign expense under 11 CFR Commission believes that this issue is a $200 per calendar year. Section 9002.11 and 9032.9. Id. policy question that is best addressed by 9036.1(b)(1)(ii) is being revised to Sections 9004.4(b)(6) and 9034.4(b)(5) Congress. Therefore, the rules in 11 CFR specify that the matching fund state that payments made to a publicly 9004.4(b) and 9034.4(b) will continue to submission and recordkeeping funded candidate by the candidate’s treat salaries paid out of public funds to

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publicly funded candidates as non- aircraft and seek press reimbursement. 9038.2(b)(2), which currently requires qualified campaign expenses. This commenter stated that the use of publicly funded Presidential primary the White House Travel Manual to campaigns to make repayments on the B. Media Travel Expenses determine reimbursable expenses is basis of exceeding the Congressionally- The Commission’s rules at 11 CFR generally a wise policy, but advocated a mandated spending limits. The current 9004.6 and 9034.6 establish procedures mechanism for candidates to seek rule is not being changed at this time for authorized committees of exceptions to the general rule if the because there is no consensus in favor Presidential primary and general candidate can demonstrate that an of changing the regulation. See also election candidates to obtain expense was incurred at the request of Notice of Disposition for the Rules reimbursement for transportation and and to accommodate the press. Governing Public Funding of other services that are provided to the The Commission has determined that Presidential Primary Candidates— news media and the Secret Service over the aircraft reconfiguration expenses are Repayments, 65 FR 15273 (Mar. 22, the course of a campaign. These rules not suitable for a rule of general 2000). contain a non-exhaustive list of such applicability particularly because any services. Sections 9004.6(a)(3) and reconfiguration will likely involve an Regulatory Flexibility Act— 9034.6(a)(3) state that Presidential airplane to be used by many members Certification of No Effect Pursuant to 5 campaign committees may seek of the press on many different flights U.S.C. 605(b) reimbursement from the news media over the life of the campaign. The Commission certifies that the only for the billable items specified in Accordingly, it would be quite difficult attached final rules will not have a the White House Press Corps Travel to determine the appropriate amount of significant economic impact on a Policies and Procedures issued by the any monetary payment at a point when substantial number of small entities. (White House Travel Office, in neither the press corps nor the The basis for this certification is that conjunction with the White House campaign staff can predict the number few small entities will be affected by Correspondents’ Association (‘‘White of flights or their costs. The advisory these rules, which apply only to House Travel Manual’’). Expenses for opinion process, however, might serve Presidential candidates, their campaign which a publicly-funded committee as the appropriate means for the committees, national party committees, receives no reimbursement are Commission to consider any particular host committees, and municipal funds. considered qualified campaign arrangement for the sharing of these Most of these are not small entities. expenses, and, with the exception of one-time expenses. Consequently, 11 Most of the Presidential campaigns and those expenses relating to Secret Service CFR 9004.6 and 9034.6 are not being convention committees receive full or personnel and national security staff, revised. are subject to the overall expenditure partial funding from the Federal limitation under 11 CFR 9004.6(a)(2) C. In-Kind Contributions and Government, and are subsequently and 9034.6(a)(2). Repayments audited by the Commission. The In the 1996 campaign, some The NPRM proposed amending 11 Commission amends these rules every Presidential campaign committees CFR 9038.2(b)(2)(ii)(A), which concerns four years to reflect its experience in the incurred significant expenses to repayments based on expenditures in previous Presidential campaign. These reconfigure campaign aircraft. The excess of a Presidential primary rules propose no sweeping changes, and expenses included both interior work, candidate’s expenditure limitations. are largely intended to simplify this such as equipment installation, and Section 9038.2(b) would have provided process. Many expand committee exterior work such as campaign logos. that in-kind contributions, coordinated options; several are technical; and However, these expenses were not expenditures, coordinated others codify past Commission practice. included in the White House Travel communications, coordinated party Those few proposals that might increase Manual for 1996, which has not expenditures and party coordinated the cost of compliance by small entities changed to date. The NPRM in this communications that count against a would not do so in such an amount as rulemaking sought comment on whether candidate’s expenditure limitations to cause a significant economic impact. the Commission should revise the rules must be included in the total amount of List of Subjects to permit Presidential campaign expenditures for purposes of calculating committees to obtain reimbursement for repayment determinations for 11 CFR Part 104 aircraft reconfiguration expenses from expenditures in excess of the Campaign funds, Political committees the news media. limitations. and parties, Reporting and One joint comment submitted by 23 One commenter urged the recordkeeping requirements. news organizations supported Commission to state whether it will seek continued use of the White House repayment for primary expenditures in 11 CFR Part 107 Travel Manual. It also argued that most excess of the expenditure limitations. previous aircraft reconfigurations have On a related issue, the NPRM also Campaign funds, Political Committees been minor and for the convenience for proposed revisions to 11 CFR and parties, Reporting and the campaign, so that any cost sharing 9038.2(b)(2)(iii) that would have recordkeeping requirements. should be negotiated by the campaign included both total deposits and in-kind 11 CFR Part 110 and the press organizations. Another contributions received or accepted by commenter stated that the White House the candidate in the calculation of the Campaign funds, Political committees Travel Manual does not address aircraft repayment ratio for non-qualified and parties. reconfiguration because the needs of the campaign expenses. One commenter 11 CFR Part 9001 press have been taken into stated that this change is consistent with consideration when government aircraft the statute and regulations and that the Campaign funds. are originally designed or reconfigured, change would reduce repayment 11 CFR Part 9003 but candidates who do not travel on amounts. government aircraft should be able to The Commission has decided to make Campaign funds, Reporting and make the necessary changes to an no changes to the regulation at 11 CFR recordkeeping requirements.

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11 CFR Part 9004 reports, as prescribed in paragraphs following the last Presidential election (a)(1) and (2) of this section. Campaign funds. year; * * * * * (ii) With respect to the goods or 11 CFR Part 9008 (2) Non-election year reports. During services involved, the candidate Campaign funds, Political committees a non-election year, the treasurer shall accepted or received them, requested or and parties, Reporting and file either monthly reports as prescribed suggested their provision, was recordkeeping requirements. by paragraph (b)(1)(i) of this section or materially involved in the decision to quarterly reports as prescribed by provide them, or was involved in 11 CFR Part 9031 paragraph (a)(1) of this section. A substantial discussions about their Campaign funds. principal campaign committee of a provision; and Presidential candidate may elect to (iii) The goods or services are— 11 CFR Part 9032 change the frequency of its reporting (A) Polling expenses for determining Campaign funds. from monthly to quarterly or vice versa the favorability, name recognition, or during a non-election year only after relative support level of the candidate 11 CFR Part 9033—9035 notifying the Commission in writing of involved; Campaign funds, Reporting and its intention at the time it files a (B) Compensation paid to employees, recordkeeping requirements. required report under its pre-existing consultants, or vendors for services filing frequency. The committee will rendered in connection with 11 CFR Part 9036 then be required to file the next required establishing and staffing offices in States Administrative practice and report under its new filing frequency. where Presidential primaries, caucuses, procedure, Campaign funds, Reporting The committee may change its filing or preference polls are to be held, other and recordkeeping requirements. frequency no more than once per than offices in the candidate’s home calendar year. state and in or near the District of 11 CFR Part 9038 * * * * * Columbia; Administrative practice and (C) Administrative expenses, procedure, Campaign funds. PART 107—PRESIDENTIAL including rent, utilities, office supplies ■ For the reasons set out in the preamble, NOMINATING CONVENTION, and equipment, in connection with subchapters A, E and F of Chapter I of REGISTRATION AND REPORTS establishing and staffing offices in States where Presidential primaries, caucuses, Title 11 of the Code of Federal ■ 3. The authority citation for part 107 Regulations are amended as follows: or preference polls are to be held, other continues to read as follows: than offices in the candidate’s home PART 104—REPORTS BY POLITICAL Authority: 2 U.S.C. 437, 438(a)(8). state and in or near the District of COMMITTEES (2 U.S.C. 434) ■ 4. Section 107.2 is revised to read as Columbia; or follows: (D) Expenses of individuals seeking to ■ 1. The authority citation for part 104 become delegates in the Presidential continues to read as follows: § 107.2 Registration and reports by host nomination process. committees and municipal funds. Authority: 2 U.S.C. 431(1), 431(8), 431(9), (2) Notwithstanding paragraph (l)(1) 432(i), 434, 438(a)(8) and (b), 439a, and 441a. Each host committee and municipal of this section, if the candidate, through fund shall register and report in ■ 2. Section 104.5 is amended by: an authorized committee, reimburses accordance with 11 CFR 9008.51. The ■ a. Revising paragraph (b)(1)(i)(C); the multicandidate political committee reports shall contain the information ■ within 30 days of becoming a candidate, b. Revising paragraph (b)(1)(ii); and specified in 11 CFR part 104. ■ c. Revising paragraph (b)(2). the payment shall not be deemed an in- ■ Revisions read as follows: PART 110—CONTRIBUTION AND kind contribution for either entity, and EXPENDITURE LIMITATIONS AND the reimbursement shall be an § 104.5 Filing dates (2 U.S.C. 434(a)(2)). PROHIBITIONS expenditure of the candidate. * * * * * (b) * * * ■ 5. The authority citation for part 110 PART 9001—SCOPE (1) * * * continues to read as follows: ■ 7. The authority citation for part 9001 (i) * * * Authority: 2 U.S.C. 431(8), 431(9), continues to read as follows: (C) In lieu of the monthly reports due 432(c)(2), 437d, 438(a)(8), 441a, 441b, 441d, in November and December, a pre- 441e, 441f, 441g, 441h, and 441k. Authority: 26 U.S.C. 9009(b). election report shall be filed as ■ 6. Section 110.2 is amended by adding ■ 8. Section 9001.1 is amended by prescribed at paragraph (a)(2)(i) of this new paragraph (l) to read as follows: removing the number ‘‘116’’ and adding section, a post-general election report in its place the number ‘‘400’’ in both shall be filed as prescribed at paragraph § 110.2 Contributions by multicandidate instances in which ‘‘116’’ appears. (a)(2)(ii) of this section, and a year-end political committees (2 U.S.C. 441a(a)(2)). report shall be filed no later than (l) Pre-candidacy expenditures by PART 9003—ELIGIBILITY FOR January 31 of the following calendar multicandidate political committees PAYMENTS year. deemed in-kind contributions; effect of (ii) If on January 1 of the election year, reimbursement. (1) A payment by a ■ 9. The authority citation for part 9003 the committee does not anticipate multicandidate political committee is continues to read as follows: receiving and has not received deemed an in-kind contribution to and Authority: 26 U.S.C. 9003 and 9009(b). contributions aggregating $100,000 and an expenditure by a Presidential does not anticipate making and has not candidate, even though made before the ■ 10. In § 9003.1, paragraph (b)(8) is made expenditures aggregating individual becomes a candidate under amended by removing the number ‘‘116’’ $100,000, the committee shall file a 11 CFR 100.3, if— and adding in its place the number preelection report or reports, a post (i) The expenditure is made on or ‘‘400’’. general election report, and quarterly after January 1 of the year immediately ■ 11. Section 9003.3 is amended by:

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■ a. Revising the introductory text of Treasurer’s receipt of the contributions; and (I) of this section shall not be paragraph (a)(1)(i); and subject to the expenditure limits of 2 ■ b. Revising paragraph (a)(1)(i)(A); (4) The requirements of 11 CFR U.S.C. 441a(b) and 11 CFR 110.8. (See ■ c. Revising paragraph (a)(1)(ii)(A)(3); 110.1(b)(5)(i) and (ii)(A) and 110.1(l) also 11 CFR 100.146.) When the ■ d. Revising paragraph (a)(1)(ii)(A)(4); regarding redesignation are satisfied. proceeds of loans made in accordance ■ e. Revising the introductory text of * * * * * with paragraph (a)(2)(i)(G) of this paragraph (a)(1)(iv); (iv) Contributions that are made after section are expended on qualified ■ f. Revising paragraph (a)(1)(iv)(C); the beginning of the expenditure report campaign expenses, such expenditures ■ g. Revising paragraph (a)(1)(v); period but that are not designated in shall count against the candidate’s ■ h. Revising paragraph (a)(2)(i)(D); writing for the GELAC are considered expenditure limit. ■ i. Revising paragraph (a)(2)(i)(G); made with respect to the primary (iv) Contributions to and funds ■ j. Revising paragraph (a)(2)(i)(H); election and may be redesignated for the deposited in the GELAC may not be ■ k. Adding new paragraph (a)(2)(i)(I); GELAC and transferred to the GELAC used to retire debts remaining from the ■ l. Revising paragraph (a)(2)(iii); and only if— presidential primaries, except that, after ■ m. Revising paragraph (a)(2)(iv). payment of all expenses set out in Revisions and additions read as * * * * * (C) The candidate obtains the paragraph (a)(2)(i) of this section, and follows: contributor’s written redesignation in the completion of the audit and § 9003.3 Allowable contributions; General accordance with 11 CFR 110.1. repayment process, including the election legal and accounting compliance (v) Contributions made with respect making of all repayments owed to the fund. to the primary election that exceed the United States Treasury by both the (a) * * * contributor’s limit for the primary candidate’s primary and general (1) * * * election may be redesignated for the election committees, funds remaining in (i) A major party candidate, or an GELAC and transferred to the GELAC if the GELAC may be used for any purpose individual who is seeking the the candidate redesignates the permitted under 2 U.S.C. 439a and 11 nomination of a major party, may accept contribution for the GELAC in CFR part 113, including payment of contributions to a legal and accounting accordance with 11 CFR 110.1(b)(5)(i) primary election debts, which shall compliance fund if such contributions and (ii)(A) or (ii)(B). For purposes of this remain subject to the primary are received and disbursed in section only, 11 CFR 110.1(b)(5)(ii)(B)(1) expenditure limit under 11 CFR 9035.1. accordance with this section. A general shall not apply. * * * * * election legal and accounting * * * * * ■ 12. Section 9003.5 is amended by compliance fund (‘‘GELAC’’) may be (2) * * * adding new paragraph (b)(4) to read as established by such individual prior to (i) * * * follows: being nominated or selected as the (D) To make repayments under 11 candidate of a political party for the CFR 9007.2, 9038.2, or 9038.3; § 9003.5 Documentation of disbursements. office of President or Vice President of * * * * * * * * * * the United States. Before April 1 of the (G) To make a loan to an account (b) * * * calendar year in which a Presidential established pursuant to 11 CFR 9003.4 (4) The documentation requirements general election is held, contributions to defray qualified campaign expenses of 11 CFR 102.9(b) shall also apply to may only be deposited in the GELAC if incurred prior to the expenditure report disbursements. they are made for the primary and period or prior to receipt of Federal * * * * * exceed the contributor’s contribution funds, provided that the amounts so limits for the primary and are lawfully loaned are restored to the GELAC; PART 9004—ENTITLEMENT OF redesignated for the GELAC pursuant to (H) To defray unreimbursed costs ELIGIBLE CANDIDATES TO 11 CFR 110.1. incurred in providing transportation PAYMENTS; USE OF PAYMENTS (A) All solicitations for contributions and services for the Secret Service and to the GELAC shall clearly state that national security staff pursuant to 11 ■ 13. The authority citation for part 9004 Federal law prohibits private CFR 9004.6; and continues to read as follows: contributions from being used for the (I) To defray winding down expenses Authority: 26 U.S.C. 9004 and 9009(b). candidate’s election and that for legal and accounting compliance contributions will be used solely for activities incurred after the end of the ■ 14. Section 9004.4 is amended by: ■ legal and accounting services to ensure expenditure report period by either the a. Revising the section heading; ■ compliance with Federal law, and shall candidate’s primary election committee, b. Revising paragraph (a)(3); ■ clearly state how contribution checks general election committee, or both c. Revising paragraph (a)(4), should be made payable. Contributions committees. For purposes of this introductory text; ■ shall not be solicited for the GELAC section, 100% of salary, overhead and d. Removing paragraph (a)(4)(i); ■ before April 1 of the calendar year in computer expenses incurred after the e. Redesignating paragraph (a)(5) as which a Presidential general election is end of the expenditure report period paragraph (a)(6), redesignating held. If the candidate does not become shall be considered winding down paragraph (a)(4)(ii) as paragraph (a)(5) the nominee, all contributions accepted expenses for legal and accounting and revising newly designated (a)(5) and compliance activities payable from revising newly designated (a)(6); and for the GELAC, including redesignated ■ contributions, shall be refunded within GELAC funds, and will be presumed to f. Revising paragraph (b)(3). sixty (60) days after the candidate’s date be solely to ensure compliance with 2 Revisions read as follows: of ineligibility. U.S.C. 431 et seq. and 26 U.S.C. 9001 et § 9004.4 Use of payments; examples of * * * * * seq. qualified campaign expenses and non- (ii) * * * * * * * * qualified campaign expenses. (A) * * * (iii) Amounts paid from the GELAC (a) * * * (3) The written redesignations are for the purposes permitted by (3) To restore funds expended in received within 60 days of the paragraphs (a)(2)(i) (A) through (F), (H) accordance with 11 CFR 9003.4 for

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qualified campaign expenses incurred (1) 2.5% of the expenditure limitation ■ 18. Section 9008.7 is amended by by the candidate prior to the beginning pursuant to 11 CFR 110.8(a)(2); or revising paragraph (a)(4)(xii) to read as of the expenditure report period; (2) 2.5% of the total of: follows: (4) To defray winding down costs (i) The candidate’s expenditures pursuant to 11 CFR 9004.11; subject to the expenditure limitation as § 9008.7 Use of funds. (5) To defray costs associated with the of the end of the expenditure report (a) * * * candidate’s general election campaign period; plus (4) * * * paid after the end of the expenditure (ii) The candidate’s expenses exempt (xii) Expenses for monetary bonuses report period, but incurred by the from the expenditure limitation as of the paid after the last date of the convention candidate prior to the end of the end of the expenditure report period; or gifts for national committee or expenditure report period, for which except that convention committee employees, written arrangement or commitment (iii) The winding down limitation consultants, volunteers and convention was made on or before the close of the shall be no less than $100,000. officials in recognition of convention- (c) Allocation of primary and general expenditure report period for goods and related activities or services, provided election winding down costs. A services received during the that: candidate who runs in both the primary expenditure reporting period; and (A) Gifts for committee employees, and general election may divide (6) Monetary bonuses paid after the consultants, volunteers and convention winding down expenses between his or date of the election and gifts shall be officials in recognition of convention- her primary and general election considered qualified campaign related activities or services do not committees using any reasonable expenses, provided that: exceed $150 total per individual and the allocation method. An allocation total of all gifts does not exceed $20,000; (i) All monetary bonuses paid after method is reasonable if it divides the the date of the election for committee and total winding down costs between the (B) All monetary bonuses paid after employees and consultants in primary and general election recognition of campaign-related the last date of the convention for committees and results in no less than committee employees and consultants activities or services: one third of total winding down costs (A) Are provided for pursuant to a in recognition of convention-related allocated to each committee. A activities or services are provided for written contract made prior to the date candidate may demonstrate that an of the election; and pursuant to a written contract made allocation method is reasonable even if prior to the date of the convention and (B) Are paid during the expenditure either the primary or the general report period; and are paid no later than 30 days after the election committee is allocated less than convention; and (ii) Gifts for committee employees, one third of total winding down costs. consultants and volunteers in * * * * * recognition of campaign-related PART 9008—FEDERAL FINANCING OF ■ 19. Section 9008.8 is amended by activities or services do not exceed $150 PRESIDENTIAL NOMINATING revising paragraph (b)(2) and paragraph total per individual and the total of all CONVENTIONS (b)(4)(ii)(B) to read as follows: gifts does not exceed $20,000. (b) * * * ■ 16. The authority citation for part 9008 § 9008.8 Limitation of expenditures. (3) Expenditures incurred after the is revised to read as follows: * * * * * (b) * * * close of the expenditure report period. Authority: 2 U.S.C. 437, 438(a)(8), 441i; 26 Except for accounts payable pursuant to U.S.C. 9008, 9009(b). (2) Expenditures by government paragraph (a)(5) of this section and agencies and municipal funds. ■ winding down costs pursuant to 11 CFR 17. Section 9008.3 is amended by Expenditures made by government 9004.11, any expenditures incurred after redesignating paragraph (b)(1)(ii) as agencies and municipal funds shall not the close of the expenditure report paragraph (b)(1)(iii) and adding new be considered expenditures by the period, as defined in 11 CFR 9002.12, paragraph (b)(1)(ii) to read as follows: national committee and shall not count are not qualified campaign expenses. § 9008.3 Eligibility for payments; against the expenditure limitations of this section if the funds are spent in * * * * * registration and reporting. accordance with the requirements of 11 ■ * * * * * 15. New section 9004.11 is added to CFR 9008.53. read as follows: (b) * * * (1) * * * * * * * * § 9004.11 Winding down costs. (ii) Each convention committee (4) * * * (a) Winding down costs. Winding established by a national committee (ii) * * * down costs are costs associated with the under paragraph (a)(2) of this section (B) The contributions raised to pay for termination of the candidate’s general shall submit to the Commission a copy the legal and accounting services election campaign such as complying of any and all written contracts or comply with the limitations and with the post-election requirements of agreements that the convention prohibitions of 11 CFR parts 110, 114 the Federal Election Campaign Act and committee has entered into with the and 115. These contributions, when the Presidential Election Campaign city, county, or State hosting the aggregated with other contributions Fund Act, and other necessary convention, a host committee, or a from the same contributor to the administrative costs associated with municipal fund, including subsequent political committees established and ending the campaign, including office written modifications to previous maintained by the national political space rental, staff salaries, and office contracts or agreements. Each such party, shall not exceed the amounts supplies. Winding down costs are contract, agreement or modification permitted under 11 CFR 110.1(c) and qualified campaign expenses. shall be filed with the report covering 110.2(c), as applicable. (b) Winding down limitation. The the reporting period in which the * * * * * total amount of winding down costs that contract or agreement or modification is ■ 20. Section 9008.10 is amended by may be paid for with public funds shall executed. revising the introductory text to read as not exceed the lesser of: * * * * * follows:

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§ 9008.10 Documentation of (3) Its principal purpose is the municipal funds; content and time of disbursements; net outstanding convention encouragement of commerce in the filing. expenses. convention city, as well as the (1) Each host committee or municipal In addition to the requirements set projection of a favorable image of the fund required to register with the forth at 11 CFR 102.9(b), the convention city to convention attendees. Commission pursuant to paragraph (a) committee must include as part of the (c) Definition of municipal fund. A of this section shall file a post evidence of convention expenses the municipal fund is any fund or account convention report on FEC Form 4. The following documentation: of a government agency, municipality, report shall be filed on the earlier of: 60 * * * * * or municipal corporation whose days following the last day the convention is officially in session; or 20 ■ 21. Section 9008.12 is amended by principal purpose is the encouragement days prior to the presidential general revising paragraph (b)(7) to read as of commerce in the municipality and election. This report shall be complete follows: whose receipt and use of funds is subject to the control of officials of the as of 15 days prior to the date on which § 9008.12 Repayments. State or local government. the report must be filed and shall * * * * * ■ 24. Section 9008.51 is amended by: disclose all the information required by (b) * * * ■ a. Revising the paragraph heading for 11 CFR part 104 with respect to all activities related to a presidential (7) The Commission may seek paragraph (a); ■ nominating convention. repayment, or may initiate an b. Revising paragraph (a)(1); ■ (2) If such host committee or enforcement action, if the convention c. Adding paragraph (a)(3); ■ d. Revising paragraph (b); and municipal fund has receipts or makes committee knowingly helps, assists or ■ e. Revising paragraph (c). disbursements after the completion date participates in the making of a The revisions and additions read as of the post convention report, it shall convention expenditure by the host follows: begin to file quarterly reports no later committee, government agency or than 15 days after the end of the § 9008.51 Registration and reports. municipal fund that is not in following calendar quarter. This report accordance with 11 CFR 9008.52 or (a) Registration by host committees shall disclose all transactions completed 9008.53, or the acceptance of a and municipal funds. as of the close of that calendar quarter. contribution by the host committee or (1) Each host committee and Quarterly reports shall be filed government agency or municipal fund municipal fund shall register with the thereafter until the host committee or from an impermissible source. Commission by filing a Statement of municipal fund ceases all activity that * * * * * Organization on FEC Form 1 within 10 must be reported under this section. days of the date on which such party ■ 22. The heading of subpart B of part (3) Such host committee or municipal chooses the convention city, or within 9008 is revised to read as follows: fund shall file a final report with the 10 days after the formation of the host Commission not later than 10 days after Subpart B—Host Committees and committee or municipal fund, it ceases activity that must be reported Municipal Funds Representing a whichever is later. In addition to the under this section, unless such status is Convention City information already required to be reflected in either the post-convention provided on FEC Form 1, the following report or a quarterly report. ■ 23. Section 9008.50 is revised to read information shall be disclosed by the (c) Post-convention statements by as follows: registering entity on FEC Form 1: The State and local government agencies. name and address; the name and Each government agency of a State, § 9008.50 Scope and definitions. address of its officers; and a list of the municipality, or other political (a) Scope. This subpart B governs activities that the registering entity subdivision that provides facilities or registration and reporting by host plans to undertake in connection with services related to a Presidential committees and municipal funds the convention. nominating convention shall file, by representing convention cities. * * * * * letter, a statement with the Commission Unsuccessful efforts to attract a (3) Each host committee and reporting the total amount spent to convention need not be reported by any municipal fund required to register with provide facilities and services for the city, committee or other organization. the Commission under paragraph (a) of convention under 11 CFR 9008.52(b), a Subpart B also describes permissible this section, shall submit to the list of the categories of facilities and sources of funds and other permissible Commission a copy of any and all services the government agency donations to host committees and written contracts or agreements that it provided for the convention, the total municipal funds. In addition, subpart B has entered into with the city, county, amount spent for each category of describes permissible disbursements by or State hosting the convention, a host facilities and services provided, and the host committees and municipal funds to committee, a municipal fund, or a total amount defrayed from general defray convention expenses and to convention committee, including revenues. This statement shall be filed promote the convention city and its subsequent written modifications to on the earlier of: 60 days following the commerce. previous contracts or agreements, unless last day the convention is officially in (b) Definition of host committee. A such contracts, agreements or session; or 20 days prior to the host committee is any local modifications have already been presidential general election. Categories organization, such as a local civic submitted to the Commission by the of facilities and services may include association, business league, chamber of convention committee. Each such construction, security, communications, commerce, real estate board, board of contract or agreement or modification transportation, utilities, clean up, trade, or convention bureau, that shall be filed with the first report due meeting rooms and accommodations. satisfies all of the following conditions: under paragraph (b) of this section after This paragraph (c) does not apply to any (1) It is not organized for profit; the contract or agreement or activities of a State or local government (2) Its net earnings do not inure to the modification is executed. agency through a municipal fund that benefit of any private shareholder or (b) Post-convention and quarterly are reported pursuant to paragraph (b) of individual; and reports by host committees and this section.

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■ 25. Section 9008.52 is revised to read (11) To provide other similar Authority: 26 U.S.C. 9031 and 9039(b). as follows: convention-related facilities and ■ 29. Section 9003.1 is amended by services. removing the number ‘‘116’’ and adding § 9008.52 Receipts and disbursements of ■ 26. Section 9008.53 is revised to read host committees. in its place the number ‘‘400’’ in both as follows: (a) Receipt of goods or services from instances in which ‘‘116’’ appears. § 9008.53 Receipts and disbursements of commercial vendors. Host committees PART 9032—DEFINITIONS may accept goods or services from municipal funds. commercial vendors under the same (a) Receipt of goods and services ■ 30. The authority citation for part 9032 terms and conditions (including provided by commercial vendors. continues to read as follows: Municipal funds may accept goods or reporting requirements) set forth at 11 Authority: 26 U.S.C. 9032 and 9039(b). CFR 9008.9 for convention committees. services from commercial vendors for (b) Receipt of donations from convention uses under the same terms ■ 31. Section 9032.9 is amended by businesses, organizations, and and conditions (including reporting revising paragraph (c) to read as follows: requirements) set forth at 11 CFR 9008.9 individuals. Businesses (including § 9032.9 Qualified campaign expense. banks), labor organizations, and other for convention committees. * * * * * organizations or individuals may donate (b) Receipt and use of donations to a funds or make in-kind donations to a municipal fund. Businesses (including (c) Except as provided in 11 CFR host committee to be used for the banks), labor organizations, and other 9034.4(e), expenditures incurred either following purposes: organizations and individuals may prior to the date the individual becomes a candidate or after the last day of a (1) To defray those expenses incurred donate funds or make in-kind donations candidate’s eligibility will be for the purpose of promoting the to a municipal fund to pay for expenses considered qualified campaign expenses suitability of the city as a convention listed in 11 CFR 9008.52(b). ■ if they meet the provisions of 11 CFR site; 27. Section 9008.55 is added to read as 9034.4(a). Expenditures described under (2) To defray those expenses incurred follows: 11 CFR 9034.4(b) will not be considered for welcoming the convention attendees § 9008.55 Funding for Convention qualified campaign expenses. to the city, such as expenses for Committees, Host Committees and information booths, receptions, and Municipal Funds. PART 9033—ELIGIBILITY FOR tours; (a) Convention committees, including PAYMENTS (3) To defray those expenses incurred any established pursuant to 11 CFR in facilitating commerce, such as 9008.3(a)(2), are subject to 11 CFR ■ 32. Authority: The authority citation providing the convention and attendees 300.10, except that convention for part 9033 continues to read as with shopping and entertainment guides committees may accept in-kind follows: and distributing the samples and donations from host committees and Authority: 26 U.S.C. 9003(e), 9033 and promotional material specified in 11 municipal funds provided that the in- 9039(b). CFR 9008.9(c); kind donations are in accordance with (4) To defray the administrative the requirements of 11 CFR 9008.52 and ■ 33. In § 9033.1, paragraph (b)(10) is expenses incurred by the host 9008.53. amended by removing the number ‘‘116’’ committee, such as salaries, rent, travel, (b) Host committees and municipal and adding in its place the number and liability insurance; funds are not ‘‘agents’’ of national ‘‘400’’. (5) To provide the national committee committees of political parties or ■ 34. Section 9033.11 is amended by use of an auditorium or convention convention committees, unless they adding new paragraph (b)(4) to read as center and to provide construction and satisfy the prerequisites of 11 CFR follows: 300.2(b)(1). convention related services for that § 9033.11 Documentation of location such as: construction of (c) Host committees and municipal disbursements. podiums; press tables; false floors; funds are not ‘‘directly or indirectly * * * * * camera platforms; additional seating; established, financed, maintained, or lighting, electrical, air conditioning and controlled’’ by national committees of (b) * * * loudspeaker systems; offices; office political parties or convention (4) The documentation requirements equipment; and decorations; committees, unless they satisfy the of 11 CFR 102.9(b) shall also apply to (6) To defray the costs of various local prerequisites of 11 CFR 300.2(c). disbursements. transportation services, including the (d) In accordance with 2 U.S.C. * * * * * provision of buses and automobiles; 441i(e)(4)(A), a person described in 11 PART 9034—ENTITLEMENTS (7) To defray the costs of law CFR 300.60 may make a general enforcement services necessary to solicitation of funds, without regard to ■ 35. The authority citation for part 9034 assure orderly conventions; source or amount limitation, for or on continues to read as follows: behalf of any host committee or (8) To defray the cost of using Authority: 26 U.S.C. 9034 and 9039(b). convention bureau personnel to provide municipal fund that is described in 26 central housing and reservation U.S.C. 501(c) and exempt from taxation ■ 36. Section 9034.4 is amended by: services; under 26 U.S.C. 501(a) (or has submitted ■ a. Revising the section heading; (9) To provide hotel rooms at no an application for determination of tax ■ b. Revising paragraph (a)(3)(i); charge or a reduced rate on the basis of exempt status under such section) ■ c. Revising paragraph (a)(3)(ii); the number of rooms actually booked for where such solicitation does not specify ■ d. Removing paragraph (a)(3)(iii); the convention; how the funds will or should be spent. ■ e. Revising paragraph (a)(5); ■ f. Adding paragraph (a)(6); and (10) To provide accommodations and PART 9031—SCOPE hospitality for committees of the parties ■ g. Revising paragraph (b)(3). responsible for choosing the sites of the ■ 28. The authority citation for part 9031 Revisions and additions read as conventions; and continues to read as follows: follows:

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§ 9034.4 Use of contributions and attend, participate in, or conduct and equipment, in connection with matching payments; examples of qualified activities at a national nominating establishing and staffing offices in States campaign expenses and non-qualified convention may be treated as qualified where Presidential primaries, caucuses, campaign expenses. campaign expenses, but such or preference polls are to be held, other (a) * * * convention-related expenses shall not than offices in the candidate’s home (3) * * * exceed a total of $50,000. state and in or near the District of (i) Winding down costs subject to the (b) * * * Columbia; or restrictions in 11 CFR 9034.11 shall be (3) General election and post- (iv) Expenses of individuals seeking considered qualified campaign ineligibility expenditures. Except for to become delegates in the Presidential expenses. winding down costs pursuant to nomination process. (ii) If the candidate continues to paragraph (a)(3) of this section and (b) Notwithstanding paragraph (a) of campaign after becoming ineligible due certain convention expenses described this section, if the candidate, through an to the operation of 11 CFR 9033.5(b), the in paragraph (a)(6) of this section, any authorized committee, reimburses the candidate may only receive matching expenses incurred after a candidate’s multicandidate political committee funds based on net outstanding date of ineligibility, as determined within 30 days of becoming a candidate, campaign obligations as of the under 11 CFR 9033.5, are not qualified the payment shall not be deemed an in- candidate’s date of ineligibility. The campaign expenses. In addition, any kind contribution for either entity, and statement of net outstanding campaign expenses incurred before the the reimbursement shall be an obligations shall only include costs candidate’s date of ineligibility for expenditure and a qualified campaign incurred before the candidate’s date of goods and services to be received after expense of the candidate. ineligibility for goods and services to be the candidate’s date of ineligibility, or ■ 38. New section 9034.11 is added to received before the date of ineligibility for property, services, or facilities used read as follows: and for which written arrangement or to benefit the candidate’s general § 9034.11 Winding down costs. commitment was made on or before the election campaign, are not qualified candidate’s date of ineligibility, and campaign expenses. (a) Winding down costs. Winding shall not include winding down costs down costs are costs associated with the until the date on which the candidate * * * * * termination of political activity related ■ 37. New §9034.10 is added to read as qualifies to receive winding down costs to a candidate’s seeking his or her follows: under 11 CFR 9034.11. Each nomination for election, such as the contribution that is dated after the § 9034.10 Pre-candidacy payments by costs of complying with the post candidate’s date of ineligibility may be multicandidate political committees deemed election requirements of the Federal used to continue to campaign, and may in-kind contributions and qualified Election Campaign Act and the be submitted for matching fund campaign expenses; effect of Presidential Primary Matching Payment payments. Payments from the matching reimbursement. Account Act, and other necessary payment account that are received after (a) A payment by a multicandidate administrative costs associated with the candidate’s date of ineligibility may political committee is an in-kind winding down the campaign, including be used to defray the candidate’s net contribution to, and qualified campaign office space rental, staff salaries, and outstanding campaign obligations, but expense by, a Presidential candidate, office supplies. Winding down costs are shall not be used to defray any costs even though made before the individual qualified campaign expenses. associated with continuing to campaign becomes a candidate under 11 CFR (b) Winding down limitation. The unless the candidate reestablishes 100.3 and 9032.2, if— total amount of winding down costs that eligibility under 11 CFR 9033.8. (1) The expenditure is made on or may be paid for, in whole or part, with * * * * * after January 1 of the year immediately matching funds shall not exceed the (5) Monetary bonuses paid after the following the last Presidential election lesser of: date of ineligibility and gifts. Monetary year; (1) 10% of the overall expenditure bonuses paid after the date of (2) With respect to the goods or limitation pursuant to 11 CFR 9035.1; or ineligibility and gifts shall be services involved, the candidate (2) 10% of the total of: considered qualified campaign accepted or received them, requested or (i) The candidate’s expenditures expenses, provided that: suggested their provision, was subject to the overall expenditure (i) All monetary bonuses paid after materially involved in the decision to limitation as of the candidate’s date of the date of ineligibility for committee provide them, or was involved in ineligibility; plus employees and consultants in substantial discussions about their (ii) The candidate’s expenses exempt recognition of campaign-related provision; and from the expenditure limitations as of activities or services: (3) The goods or services are— the candidate’s date of ineligibility; (A) Are provided for pursuant to a (i) Polling expenses for determining except that written contract made prior to the date the favorability, name recognition, or (iii) The winding down limitation of ineligibility; and relative support level of the candidate shall be no less than $100,000. (B) Are paid no later than thirty days involved; (c) Allocation of primary and general after the date of ineligibility; and (ii) Compensation paid to employees, election winding down costs. A (ii) Gifts for committee employees, consultants, or vendors for services candidate who runs in both the primary consultants and volunteers in rendered in connection with and general election may divide recognition of campaign-related establishing and staffing offices in States winding down expenses between his or activities or services do not exceed $150 where Presidential primaries, caucuses, her primary and general election total per individual and the total of all or preference polls are to be held, other committees using any reasonable gifts does not exceed $20,000. than offices in the candidate’s home allocation method. An allocation (6) Expenses incurred by ineligible state and in or near the District of method is reasonable if it divides the candidates attending national Columbia; total winding down costs between the nominating conventions. Expenses (iii) Administrative expenses, primary and general election incurred by an ineligible candidate to including rent, utilities, office supplies committees and results in no less than

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one third of total winding down costs (iii) Coordinated party expenditures, charges that accrued during the shortfall allocated to each committee. A including party coordinated period on all loans obtained by the candidate may demonstrate than an communications pursuant to 11 CFR candidate or authorized committee that allocation method is reasonable even if 109.37 that are in-kind contributions are guaranteed or secured with either the primary or the general received or accepted by the candidate, matching funds, provided the candidate election committee is allocated less than the candidate’s authorized committee(s), submits documentation as to the one third of total winding down costs. or agents under 11 CFR 109.37(a)(3), amount of all interest charges on such (d) Primary winding down costs and that exceed the coordinated party loans. The shortfall period begins on the during the general election period. A expenditure limitation for the first regularly scheduled payment date primary election candidate who does Presidential general election at 11 CFR on which the candidate does not receive not run in the general election may 109.32(a); and the entire amount of matching funds receive and use matching funds for (iv) Other in-kind contributions and ends on the payment date when the these purposes either after he or she has received or accepted by the candidate or candidate receives the previously notified the Commission in writing of the candidate’s authorized committee(s) certified matching funds or the date on his or her withdrawal from the or agents. which the Commission revises the campaign for nomination or after the (4) The amount of each in-kind amount previously certified to eliminate date of the party’s nominating contribution attributed to the the entitlement to the previously convention, if he or she has not expenditure limitations under this certified matching funds. withdrawn before the convention. A section is the usual and normal charge * * * * * primary election candidate who runs in for the goods or services provided to the the general election, regardless of candidate or the candidate’s authorized PART 9036—REVIEW OF MATCHING whether the candidate receives public committee(s) as an in-kind contribution. FUND SUBMISSIONS AND funds for the general election, must wait * * * * * CERTIFICATION OF PAYMENTS BY until 31 days after the general election (c) Compliance, fundraising and COMMISSION before using any matching funds for shortfall bridge loan exemptions. ■ winding down costs related to the (1) A candidate may exclude from the 41. The authority citation for part 9036 primary election. No expenses incurred overall expenditure limitation set forth continues to read as follows: by a primary election candidate who in paragraph (a) of this section an Authority: 26 U.S.C. 9036 and 9039(b). runs in the general election prior to 31 amount equal to 15% of the overall ■ 42. Section 9036.1 is amended by days after the general election shall be expenditure limitation as exempt legal revising paragraph (b)(1)(ii) to read as considered primary winding down and accounting compliance costs under follows: costs. 11 CFR 100.146. In the case of a candidate who does not run in the § 9036.1 Threshold submission. PART 9035—EXPENDITURE general election, for purposes of the * * * * * LIMITATIONS expenditure limitations set forth in this (b) * * * ■ 39. The authority citation for part 9035 section, 100% of salary, overhead and (1) * * * computer expenses incurred after a continues to read as follows: (ii) The occupation and name of candidate’s date of ineligibility may be employer for individuals whose Authority: 26 U.S.C. 9035 and 9039(b). treated as exempt legal and accounting aggregate contributions exceed $200 in compliance expenses beginning with ■ 40. Section 9035.1 is amended by; an election cycle; ■ the first full reporting period after the a. Adding new paragraph (a)(3); * * * * * ■ b. Adding new paragraph (a)(4); candidate’s date of ineligibility. ■ c. Revising the paragraph heading in Candidates who continue to campaign ■ 43. Section 9036.2 is amended by paragraph (c); or re-establish eligibility may not treat revising paragraph (b)(1)(v) to read as ■ d. Revising paragraph (c)(1); and 100% of salary, overhead and computer follows: ■ e. Adding new paragraph (c)(3). expenses incurred during the period between the date of ineligibility and the § 9036.2 Additional submissions for Additions and revisions read as matching fund payments. follows: date on which the candidate either re- establishes eligibility or ceases to * * * * * § 9035.1 Campaign expenditure limitation; continue to campaign as exempt legal (b) * * * compliance and fundraising exemptions. and accounting compliance expenses. (1) * * * (a) * * * For purposes of the expenditure (v) The occupation and employer’s (3) In addition to expenditures made limitations set forth in this section, name need not be disclosed on the by a candidate or the candidate’s candidates who run in the general contributor list for individuals whose authorized committee(s) using campaign election, regardless of whether they aggregate contributions exceed $200 in funds, the Commission will attribute to receive public funds, must wait until 31 the election cycle, but such information the candidate’s overall expenditure days after the general election before is subject to the recordkeeping and limitation and to the expenditure they may treat 100% of salary, overhead reporting requirements of 2 U.S.C. limitations of particular states under 11 and computer expenses as exempt legal 432(c)(3), 434(b)(3)(A) and 11 CFR CFR 110.8 the total amount of all: and accounting compliance expenses. 102.9(a)(2), 104.3(a)(4)(i); and (i) Coordinated expenditures under 11 * * * * * * * * * * CFR 109.20; (3) If any matching funds to which the (ii) Coordinated communications candidate is entitled are not paid to the PART 9038—EXAMINATIONS AND under 11 CFR 109.21 that are in-kind candidate, or are paid after the date on AUDITS contributions received or accepted by which payment is due, the candidate the candidate, the candidate’s may exclude from the overall ■ 44. The authority citation for part 9038 authorized committee(s), or agents, expenditure limitation in paragraph (a) continues to read as follows: under 11 CFR 109.21(b); of this section the amount of all interest Authority: 26 U.S.C. 9038 and 9039(b).

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■ 45. Section 9038.2 is amended by campaign obligations, as defined in 11 such income, shall be paid to the revising paragraph (b)(4) to read as CFR 9034.5, reflect a surplus. The Treasury. follows: Commission may determine that the net * * * * * income derived from an investment or § 9038.2 Repayments. Dated: July 31, 2003. other use of surplus public funds after Ellen L. Weintraub, * * * * * the candidate’s date of ineligibility, less Chair, Federal Election Commission. (b) * * * Federal, State and local taxes paid on (4) The Commission may determine [FR Doc. 03–19893 Filed 8–7–03; 8:45 am] that the candidate’s net outstanding BILLING CODE 67154–01–P

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Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003–04 Season; Proposed Rule

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DEPARTMENT OF THE INTERIOR rights and, for some Tribes, recognition consultation process, as well as who of their authority to regulate hunting by initiates it, we provide the following Fish and Wildlife Service both tribal and nontribal members on clarification. We routinely provide their reservations. The guidelines copies of Federal Register publications 50 CFR Part 20 include possibilities for: pertaining to migratory bird RIN 1018–AI93 (1) On-reservation hunting by both management to all State Directors, tribal and nontribal members, with Tribes, and other interested parties. It is Migratory Bird Hunting; Proposed hunting by nontribal members on some the responsibility of the States, Tribes, Migratory Bird Hunting Regulations on reservations to take place within Federal and others to notify us of any concern Certain Federal Indian Reservations frameworks but on dates different from regarding any feature(s) of any and Ceded Lands for the 2003–04 those selected by the surrounding regulations. When we receive such Season State(s); notification, we will initiate (2) On-reservation hunting by tribal consultation. AGENCY: Fish and Wildlife Service, members only, outside of the usual Our guidelines provide for the Interior. Federal frameworks for season dates and continued harvest of waterfowl and ACTION: Proposed rule. length, and for daily bag and possession other migratory game birds by tribal limits; and members on reservations where such SUMMARY: The U.S. Fish and Wildlife (3) Off-reservation hunting by tribal harvest has been a customary practice. Service (hereinafter Service or we) members on ceded lands, outside of We do not oppose this harvest, provided proposes special migratory bird hunting usual framework dates and season it does not take place during the closed regulations for certain Tribes on Federal length, with some added flexibility in season defined by the Treaty, and does Indian reservations, off-reservation trust daily bag and possession limits. not adversely affect the status of the lands, and ceded lands for the 2003–04 In all cases, the regulations migratory bird resource. migratory bird hunting season. established under the guidelines must Before developing the guidelines, we DATES: We will accept all comments on be consistent with the March 10 to reviewed available information on the the proposed regulations that are September 1 closed season mandated by current status of migratory bird postmarked or received in our office by the 1916 Convention Between the populations; reviewed the current status August 18, 2003. United States and Great Britain (for of migratory bird hunting on Federal Canada) for the Protection of Migratory ADDRESSES: Send your comments on Indian reservations; and evaluated the Birds (Treaty). The guidelines apply to these proposals to the Chief, Division of potential impact of such guidelines on those Tribes having recognized reserved Migratory Bird Management, U.S. Fish migratory birds. We concluded that the hunting rights on Federal Indian and Wildlife Service, Department of the impact of migratory bird harvest by reservations (including off-reservation Interior, ms MBSP–4107–ARLSQ, 1849 tribal members hunting on their trust lands) and on ceded lands. They C Street, NW., Washington, DC 20240 or reservations is minimal. also apply to establishing migratory bird fax comments to (703) 358–2272. All One area of interest in Indian hunting regulations for nontribal comments received will become part of migratory bird hunting regulations members on all lands within the the public record. You may inspect relates to hunting seasons for nontribal exterior boundaries of reservations comments during normal business members on dates that are within where Tribes have full wildlife hours in room 4107, 4501 N. Fairfax Federal frameworks, but which are management authority over such Drive, Arlington, Virginia. different from those established by the hunting or where the Tribes and FOR FURTHER INFORMATION CONTACT: Tina State(s) where the reservation is located. affected States otherwise have reached A large influx of nontribal hunters onto Chouinard, (318) 201–0400, or Ron W. agreement over hunting by nontribal Kokel, Division of Migratory Bird a reservation at a time when the season members on lands owned by non- is closed in the surrounding State(s) Management, U.S. Fish and Wildlife Indians within the reservation. Service, (703) 358–1714. could result in adverse population Tribes usually have the authority to impacts on one or more migratory bird SUPPLEMENTARY INFORMATION: In the May regulate migratory bird hunting by species. The guidelines make this 6, 2003, Federal Register (68 FR 24324), nonmembers on Indian-owned unlikely, however, because tribal we requested proposals from Indian reservation lands, subject to Service proposals must include: Tribes wishing to establish special approval. The question of jurisdiction is (a) Harvest anticipated under the migratory bird hunting regulations for more complex on reservations that requested regulations; the 2003–04 hunting season, under the include lands owned by non-Indians, (b) Methods that will be employed to guidelines described in the June 4, 1985, especially when the surrounding States measure or monitor harvest (such as bag Federal Register (50 FR 23467). In this have established or intend to establish checks, mail questionnaires, etc.); supplemental proposed rule, we regulations governing hunting by non- (c) Steps that will be taken to limit propose special migratory bird hunting Indians on these lands. In such cases, level of harvest, where it could be regulations for 28 Indian Tribes, based we encourage the Tribes and States to shown that failure to limit such harvest on the input we received in response to reach agreement on regulations that would adversely impact the migratory the May 6, 2003, proposed rule. As would apply throughout the bird resource; and described in that rule, the promulgation reservations. When appropriate, we will (d) Tribal capabilities to establish and of annual migratory bird hunting consult with a Tribe and State with the enforce migratory bird hunting regulations involves a series of aim of facilitating an accord. We also regulations. rulemaking actions each year. This will consult jointly with tribal and State We may modify regulations or proposed rule is part of that series. officials in the affected States where establish experimental special hunts, We developed the guidelines for Tribes wish to establish special hunting after evaluation and confirmation of establishing special migratory bird regulations for tribal members on ceded harvest information obtained by the hunting regulations for Indian Tribes in lands. Tribes. response to tribal requests for Because of past questions regarding We believe the guidelines provide recognition of their reserved hunting interpretation of what events trigger the appropriate opportunity to

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accommodate the reserved hunting breeding habitat conditions that were indicates that harvests have been rights and management authority of only fair. Warm spring temperatures increasing at a higher rate than the trend Indian Tribes while ensuring that the arrived much earlier this year than the in population growth over the same migratory bird resource receives exceptionally late spring last year. period. necessary protection. The conservation However, a cold snap in early May The fall 2002 pre-migration survey of this important international resource could have hurt early-nesting species estimate for the Rocky Mountain is paramount. The guidelines should not such as mallards and pintails, Population of sandhill cranes was be viewed as inflexible. In this regard, particularly in the northern Northwest 18,803, which was 12% higher than the we note that they have been employed Territories. previous year’s estimate of 16,559. successfully since 1985. We believe they Habitat conditions in the eastern Limited special seasons were held have been tested adequately and, survey area ranged from excellent to during 2002 in portions of Arizona, therefore, made them final beginning fair. In the southern and western part of Idaho, Montana, New Mexico, Utah, and with the 1988–89 hunting season. We this survey area, water and nesting Wyoming, resulting in a harvest of 639 should stress here, however, that use of cover were plentiful and temperatures cranes, which is 29% below the the guidelines is not mandatory and no were mild this spring. Habitat quality previous year’s record high harvest of action is required if a Tribe wishes to decreased to the north, especially in 898 cranes. northern and western Quebec, where observe the hunting regulations Woodcock established by the State(s) in which the many shallow marshes and bogs were reservation is located. either completely dry or reduced to Singing-Ground and Wing-Collection mudflats. Beaver-pond habitat was also Surveys were conducted to assess the Population Status noticeably less common than normal. population status of the American The following paragraphs provide To the east in Maine and most of the woodcock (Scolopax minor). Singing- preliminary information on the status of Maritime provinces, conditions were Ground Survey data for 2003 indicate waterfowl and information on the status excellent, with adequate water, that the numbers of displaying and harvest of migratory shore and vegetation, and warm spring woodcock in the Eastern and Central upland game birds. temperatures. Regions were unchanged from 2002 (P>0.10); although the point estimates of May Breeding Waterfowl and Habitat Status of Teal the trends were higher. Trends from the Survey Breeding population estimates for Singing-Ground Survey during 1993– Habitat conditions for breeding blue-winged teal from surveyed areas 2003 were –1.3 and –1.6 percent change waterfowl have improved over last year total 5.5 million blue-winged teal, per year for the Eastern and Central in the prairie survey areas, except for which is above the 4.7 million needed regions, respectively (P<0.05). There eastern South Dakota. Most prairie areas to trigger the 16-day teal season in the were long-term (1968–03) declines had warm temperatures and plenty of Central and Mississippi Flyways, and (P<0.01) of 2.3 percent per year in the rain this spring. Two areas of dramatic the 3.3 million needed to trigger the 9- Eastern Region and 1.8 percent per year improvement over the past several years day teal season in the Atlantic Flyway. in the Central Region. were south-central Alberta and southern The 2002 recruitment index for the Sandhill Cranes Saskatchewan, where conditions went Eastern Region (1.4 immatures per adult from poor to good after much-needed The Mid-Continent Population of female) was similar to the 2001 index, precipitation relieved several years of Sandhill Cranes has generally stabilized but was 18 percent below the long-term drought. Other areas in the prairies also at comparatively high levels, following average. The recruitment index for the improved in condition over 2002, but to increases in the 1970s. The Central Central Region (1.6 immatures per adult a lesser extent. However, years of dry Platte River Valley, Nebraska, spring female) was 17 percent higher than the conditions in parts of the United States index for 2003, uncorrected for 2001 index of 1.3 immatures per female, and Canadian prairies, combined with visibility, was 316,676 cranes. The most and was similar to the long-term agricultural practices, have lessened the recent photo-corrected 3-year average average. The index of daily hunting quality and quantity of residual nesting (for 2000–02) was 375,875, which is success in the Eastern Region increased cover and over-water nest sites in many within the established population- slightly from 1.8 woodcock per regions. This could potentially limit objective range of 343,000–465,000 successful hunt in 2001 to 1.9 in 2002, production for both dabbling and diving cranes. All Central Flyway States, but seasonal hunting success declined ducks, if the warm spring temperatures except Nebraska, allowed crane hunting from 6.9 woodcock per successful and good moisture of 2003 does not in portions of their respective States in hunter in 2001 to 6.6 in 2002. In the result in rapid growth of new cover. 2002–03. About 8,800 hunters Central Region, the daily success index Eastern South Dakota was the one area participated in these seasons, which was 2.1 woodcock per successful hunt of the prairies where wetland habitat was 10 percent higher than the number in both 2001 and 2002; but seasonal conditions were generally worse than participating in the previous year. An hunting success increased from 10.0 last year, mostly due to low soil estimated 16,650 cranes were harvested woodcock per successful hunter in 2001 moisture, little winter precipitation, and in the Central Flyway during 2001–02 to 11.0 in 2002. no significant rainfall in April. By the seasons, which was 11% higher than the time this region received several inches previous year’s estimate. Retrieved Band-Tailed Pigeons and Doves of rain in May, most birds probably had harvests in the Pacific Flyway, Canada, A significant decline in the Coastal overflown the area to wetter conditions and Mexico were estimated to be about population of band-tailed pigeons in other regions to the north and west. 11,650 cranes for the 2002–03 period. occurred during 1968–2002, as In the northwestern survey areas, The total North American sport harvest, indicated by the Breeding Bird Survey habitat was in generally good condition including crippling losses, was (BBS); however, no trend was noted and most areas had normal water levels. estimated at 31,830, which is similar to over the most recent 10 years. The exception was northern Manitoba, the previous year’s estimate. The long- Additionally, mineral-site counts at 10 where low water levels in small streams term trend analysis for the Mid- selected sites in Oregon indicate a and beaver ponds resulted in overall Continent Population during 1982–2000 general increase over the most recent 10

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years. Call-Count Surveys conducted in Hunting Season Proposals From Indian for the 24 Tribes that have submitted Washington showed a significant Tribes and Organizations proposals that meet the established increase during 1998–02 and a For the 2003–04 hunting season, we criteria and an additional 4 Tribes from nonsignificant increase during 1975–02. received requests from 24 Tribes and whom we expect to receive proposals According to Harvest Information Indian organizations. We actively solicit are shown below. Program (HIP) surveys, approximately regulatory proposals from other tribal (a) Bois Forte Band of Chippewa, Nett 9,600 pigeons were taken during the groups that are interested in working Lake, Minnesota (Tribal Members and 2002–03 season. The Interior band- cooperatively for the benefit of Non-tribal Hunters) tailed pigeon population is stable with waterfowl and other migratory game no trend indicated by the BBS over the The Bois Forte Band of Chippewa is birds. We encourage Tribes to work with located in northern Minnesota, as short-or long-term periods. An us to develop agreements for estimated 3,700 birds were taken in specified in Federal Register 66, No., management of migratory bird resources 2002–03. 83. Bois Forte is a 103,000-acre land on tribal lands. It should be noted that Analyses of Mourning Dove Call- area, home to 800 Band members. The Count Survey data over the most recent this proposed rule includes generalized reservation includes Nett Lake, a 7,400- 10 years indicated no trend in doves regulations for both early- and late- acre wild rice lake. heard in any Management Unit. season hunting. A final rule will be In their 2003–04 proposal, dated June Between 1966 and 2003, all 3 Units published in a mid-August 2003 Federal 14, 2003, Bois Forte requested the exhibited significant declines. In Register that will include tribal authority to establish a waterfowl contrast, for doves seen over the 10-year regulations for the early-hunting season. season on their reservation. The season period, a significant increase was found The early season generally begins on would be the same as that established in the Eastern Unit while no trends were September 1 each year and most by the State of Minnesota, except that found in the Central and Western Units. commonly includes such species as shooting hours on opening day would Over 38 years, no trend was found for American woodcock, sandhill cranes, be one-half hour before sunrise to doves seen in the Eastern and Central mourning doves, and white-winged sunset. Harvest under their proposal Units while a decline was indicated for doves. A final rule will also be would not alter possession limits or the Western Unit. HIP surveys indicated published in a September 2003 Federal species allowances already in place in that about 22,700,000 mourning doves Register that will include regulations for Minnesota. Bois Forte requests these were bagged nationwide during the late-season hunting. The late season hours on opening day and for every 2002–03 season. begins on or around September 24 and hunting day for the remainder of the In Arizona, the white-winged dove most commonly includes waterfowl State’s official, established season. population has shown a significant species. Bag limits for non-tribal hunters will decline between 1962 and 2003. In this current rulemaking, because of not be changed from current, State of However, the number of whitewings has the compressed timeframe for Minnesota established levels. Bois Forte been fairly stable since the 1970s and, establishing regulations for Indian requires non-tribal persons hunting on over the most recent 10 years, there is Tribes and because final frameworks Nett Lake on the first day of the season no significant trend indicated. The 2002 dates and other specific information are to complete a survey upon completion harvest estimate from the HIP survey not available, the regulations for many of the day’s hunting requesting: (1) was 102,700. In Texas, the range and tribal hunting seasons are described in Name and contact information; (2) density of white-winged doves continue relation to the season dates, season hunting permit number (State and to expand. In 2003, the whitewing length, and limits that will be permitted tribal); (3) number of hours hunted; (4) population in Texas was estimated to be when final Federal frameworks are location of hunting site; (5) tribal guide 2,525,000 birds, an increase of 8.4 announced for early- and late-season name; (6) number and species of percent from 2002. A more inclusive regulations. For example, daily bag and waterfowl harvested in possession; and count in San Antonio documented more possession limits for ducks on some (7) number and species of waterfowl than 1.3 million birds. HIP surveys areas are shown as ‘‘Same as permitted shot but not recovered. Bois Forte will indicated a harvest of 943,000 in Pacific Flyway States under final collect the results and compare to whitewings during the 2002–03 season. Federal frameworks,’’ and limits for previous seasons’ data. The expansion of whitewings northward geese will be shown as the same Harvest information from the 2002–03 and eastward from Texas has led to permitted by the State(s) in which the migratory bird season included harvest reports of nesting in Louisiana, tribal hunting area is located. of 1,000 ducks. Of these 1,000 taken, Arkansas, Oklahoma, Kansas, and The proposed frameworks for early- 700 were ring-neck ducks, 150 were Missouri. They have been sighted in season regulations were published in blue/green-winged teal, and 150 were Colorado, Montana, Nebraska, Iowa, and the Federal Register on July 17, 2003 mallards. They had 216 hunters, similar Minnesota. Whitewings are believed to (68 FR 42546); early-season final to levels in the past. be expanding northward from Florida frameworks will be published in mid- The Band’s Conservation Department and have been seen in Georgia, the August. Proposed late-season regulates non-tribal harvest limits under Carolinas, and Pennsylvania. frameworks for waterfowl and coots will the following regulations: (1) Non-tribal White-tipped doves are maintaining a be published in mid-August, and the hunters must be accompanied at all relatively stable population in the final frameworks for the late seasons times by a Band Member guide; (2) non- Lower Rio Grande Valley of Texas. They will be published in mid-September. We tribal hunters must have in their are most abundant in cities and, for the will notify affected Tribes of season possession a valid small game hunting most part, are not available to hunting. dates, bag limits, etc., as soon as final license, a Federal migratory waterfowl The 2003 survey averaged 0.95 birds per frameworks are established. As stamp, and a Minnesota State waterfowl stop, a 2 percent decrease over the 2002 previously discussed, no action is stamp; (3) non-tribal hunters and Band survey. During the special 4-day required by Tribes wishing to observe Members must have only Service- whitewing season, about 2,700 migratory bird hunting regulations approved non-toxic shot in possession whitetips were bagged, according to established by the State(s) where they at all times; (4) non-tribal hunters must State harvest-survey estimates. are located. The proposed regulations conform to possession limits established

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and regulated by the State of Minnesota and, based upon past seasons, we and Dakota. The Tribe observes migratory and the Bois Forte Band. the Tribes estimate harvest will be bird hunting regulations contained in 50 We propose to approve the Bois Forte similar. CFR part 20. Band of Chippewa regulations for the Hunters must have a valid Colorado In their 2003 proposal, the Tribe 2003–04 hunting season. River Indian Reservation hunting permit requested a duck and merganser season in their possession while hunting. As in of October 4 to December 16, 2003, with (b) Colorado River Indian Tribes, a daily bag limit of six ducks, including Colorado River Indian Reservation, the past, the regulations would apply no more that five mallards (only two of Parker, Arizona (Tribal Members and both to tribal and non-tribal hunters, which may be hens), two redheads, two Nontribal Hunters) and nontoxic shot is required for waterfowl hunting. wood ducks, and three scaup. The The Colorado River Indian We propose to approve the Colorado merganser daily bag limit would be five Reservation is located in Arizona and River Indian Tribes regulations for the and include no more than one hooded California. The Tribes own almost all 2003–04 hunting season. merganser. The daily bag limit for coots lands on the reservation, and have full would be 15. The pintail season would (c) Confederated Salish and Kootenai wildlife management authority. run from October 4 to December 2, 2003, Tribes, Flathead Indian Reservation, In their 2003–04 proposal, the with a daily bag limit of one pintail. Colorado River Indian Tribes requested Pablo, Montana (Nontribal Hunters) For Canada geese, the Tribe proposes split dove seasons. They propose their For the past several years, the an October 18, 2003, to January 20, early season begin September 1 and end Confederated Salish and Kootenai 2004, season with a three-bird daily bag September 15, 2003. Daily bag limits Tribes and the State of Montana have limit. For white-fronted geese, the Tribe would be 10 mourning or 10 white- entered into cooperative agreements for proposes a September 27 to December winged doves either singly or in the the regulation of hunting on the 21, 2003, season with a daily bag limit aggregate. The late season for doves is Flathead Indian Reservation. The State of two. For snow geese, the Tribe proposed to open November 15, 2003, and the Tribes are currently operating proposes a September 27, 2003, to and close December 29, 2003. The daily under a cooperative agreement signed in January 1, 2004, season with a daily bag bag limit would be 10 mourning doves. 1990 that addresses fishing and hunting limit of 20. The possession limit would be twice the management and regulation issues of Similar to the last several years, the daily bag limit. Shooting hours would mutual concern. This agreement enables Tribe also requests a sandhill crane be from one-half hour before sunrise to all hunters to utilize waterfowl hunting season from September 13 to October noon in the early season and until opportunities on the reservation. 19, 2003, with a daily bag limit of three. sunset in the late season. Other special As in the past, tribal regulations for The Tribe proposes a mourning dove tribally set regulations would apply. nontribal members would be at least as season from September 1 to October 30, The Tribes also propose duck hunting restrictive as those established for the 2003, with a daily bag limit of 15. seasons. The season would likely open Pacific Flyway portion of Montana. In all cases, except snow geese, the October 11, 2003, and run until January Goose season dates would also be at possession limits would be twice the 25, 2004. The Tribes propose the same least as restrictive as those established daily bag limit. There would be no season dates for mergansers, coots, and for the Pacific Flyway portion of possession limit for snow geese. common moorhens. The daily bag limit Montana. Shooting hours for waterfowl Shooting hours would be from one-half for ducks, including mergansers, would hunting on the Flathead Reservation are hour before sunrise to sunset. be seven, except that the daily bag limits sunrise to sunset. Steel shot or other The season and bag limits would be could contain no more than two hen Federally-approved nontoxic shots are essentially the same as last year and as mallards, two redheads, two Mexican the only legal shotgun loads on the such, the Tribe expects similar harvest. ducks, two goldeneye, and two reservation for waterfowl or other game In 1994–95, duck harvest was 48 birds, cinnamon teal. The seasons on birds. down from 67 in 1993–94. Goose canvasback and pintail are closed. The The requested season dates and bag harvest during recent past seasons has possession limit would be twice the limits are similar to past regulations. been less than 100 geese. Total harvest daily bag limit. The daily bag and Harvest levels are not expected to on the reservation in 2000 was possession limit for coots and common change significantly. Standardized estimated to be 179 ducks and 868 moorhens would be 25, singly or in the check station data from the 1993–94 and geese. aggregate. 1994–95 hunting seasons indicated no We propose to approve the Tribe’s For geese, the Colorado River Indian significant changes in harvest levels and requested seasons. We also remind the Tribes propose a season of October 18, that the large majority of the harvest is Tribe that all sandhill crane hunters are 2003, through January 25, 2004. The by non-tribal hunters. required to obtain a Federal sandhill daily bag limit for geese would be four, We propose to approve the Tribes’ crane permit. As such, the Tribe should but could include no more than three request for special migratory bird contact us for further information on light geese or three dark geese. The regulations for the 2003–04 hunting obtaining the needed permits. In possession limit would be six light season. addition, as with all other groups, we geese and six dark geese. request the Tribe continue to survey and (d) Crow Creek Sioux Tribe, Crow Creek In 1996, the Tribe conducted a report harvest. detailed assessment of dove hunting. Indian Reservation, Fort Thompson, Results showed approximately 16,100 South Dakota (Tribal Members and (e) Fond du Lac Band of Lake Superior mourning doves and 13,600 white- Nontribal Hunters) Chippewa Indians, Cloquet, Minnesota winged doves were harvested by The Crow Creek Indian Reservation (Tribal Members Only) approximately 2,660 hunters who has a checkerboard pattern of land Since 1996, the Service and the Fond averaged 1.45 hunter-days. Field ownership, with much of the land du Lac Band of Lake Superior Chippewa observations and permit sales indicate owned by non-Indians. Since the 1993– Indians have cooperated to establish that fewer than 200 hunters participate 94 season, the Tribe has selected special special migratory bird hunting in waterfowl seasons. Under the waterfowl hunting regulations regulations for tribal members. The proposed regulations described here independent of the State of South Fond du Lac’s May 29, 2003, proposal

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covers land set apart for the band under We propose to approve the request for (g) Great Lakes Indian Fish and Wildlife the Treaties of 1837 and 1854 in special migratory bird hunting Commission, Odanah, Wisconsin (Tribal northeast and east-central Minnesota. regulations for the Fond du Lac Band of Members Only) The band’s proposal for 2003–04 is Lake Superior Chippewas. Since 1985, various bands of the Lake essentially the same as that approved (f) Grand Traverse Band of Ottawa and Superior Tribe of Chippewa Indians last year. Specifically, the Fond du Lac have exercised judicially recognized off- Band proposes a September 20 to Chippewa Indians, Suttons Bay, Michigan (Tribal Members Only) reservation hunting rights for migratory December 1, 2003, season on ducks, birds in Wisconsin. The specific mergansers, coots, and moorhens, and a In the 1995–96 migratory bird regulations were established by the September 2 to December 1, 2003, seasons, the Grand Traverse Band of Service in consultation with the season for geese. For sora and Virginia Ottawa and Chippewa Indians and the Wisconsin Department of Natural rails, snipe, and woodcock, the Fond du Service first cooperated to establish Resources and the Great Lakes Indian Lac Band proposes a September 2 to special regulations for waterfowl. The Fish and Wildlife Commission December 1, 2003, season. Proposed Grand Traverse Band is a self-governing, (GLIFWC, which represents the various daily bag limits would consist of the federally recognized Tribe located on bands). Beginning in 1986, a tribal following: the west arm of Grand Traverse Bay in season on ceded lands in the western Ducks: 18 ducks, including no more Leelanau County, Michigan. The Grand portion of the State’s Upper Peninsula than 12 mallards (only 6 of which may Traverse Band is a signatory Tribe of the was developed in coordination with the be hens), 3 black ducks, 9 scaup, 6 wood Treaty of 1836. We have approved Michigan Department of Natural ducks, 6 redheads, 3 pintails, and 3 special regulations for tribal members of Resources, and we have approved canvasbacks. the 1836 treaty’s signatory Tribes on special regulations for tribal members in Mergansers: 15 mergansers, including ceded lands in Michigan since the both Michigan and Wisconsin since the no more than 3 hooded mergansers. 1986–87 hunting season. 1986–87 hunting season. In 1987, the Geese: 12 geese. Coots and Common Moorhens For the 2003–04 season, the Tribe GLIFWC requested, and we approved, (Common Gallinules): 20 coots and requests that the tribal member duck special regulations to permit tribal common moorhens, singly or in the season run from September 15, 2003, members to hunt on ceded lands in aggregate. through January 15, 2004. A daily bag Minnesota, as well as in Michigan and Sora and Virginia Rails: 25 sora and limit of 12 would include no more than Wisconsin. The States of Michigan and Virginia rails, singly or in the aggregate. 2 pintail, 2 canvasback, 1 hooded Wisconsin concurred with the Common Snipe: Eight common snipe. merganser, 3 black ducks, 3 wood regulations, although Wisconsin has Woodcock: Three woodcock. ducks, 3 redheads, and 6 mallards (only raised some concerns each year. The following general conditions 3 of which may be hens). Minnesota did not concur with the apply: For Canada geese, the Tribe proposes regulations, stressing that the State 1. While hunting waterfowl, a tribal a September 1 through November 30, would not recognize Chippewa Indian member must carry on his/her person a 2003, and a January 1 through February hunting rights in Minnesota’s treaty area valid Ceded Territory License. 8, 2004, season. For white-fronted geese, until a court with jurisdiction over the 2. Except as otherwise noted, tribal brant, and snow geese, the Tribe State acknowledges and defines the members will be required to comply proposes a September 20 through extent of these rights. We acknowledge with tribal codes that will be no less November 30, 2003, season. The daily the State’s concern, but point out that restrictive than the provisions of bag limit for all geese (including brant) the U.S. Government has recognized the Chapter 10 of the Model Off-Reservation would be five birds. Based on our Indian hunting rights decided in the Lac Code. Except as modified by the Service information, it is unlikely that any Courte Oreilles v. State of Wisconsin rules adopted in response to this Canada geese from the Southern James (Voigt) case, and that acceptable hunting proposal, these amended regulations Bay Population will be harvested by the regulations have been negotiated parallel Federal requirements in 50 CFR Tribe. successfully in both Michigan and Wisconsin even though the Voigt part 20 as to hunting methods, For woodcock, the Tribe proposes a decision did not specifically address transportation, sale, exportation, and September 1 to November 14, 2003, ceded land outside Wisconsin. We other conditions generally applicable to season. The daily bag limit will not believe this is appropriate because the migratory bird hunting. exceed five birds. For mourning doves, 3. Band members in each zone will treaties in question cover ceded lands in snipe and rails, the Tribe proposes a comply with State regulations providing Michigan (and Minnesota), as well as in September 1 to November 14, 2003, for closed and restricted waterfowl Wisconsin. Consequently, in view of the season. The daily bag limit would be 10 hunting areas. above, we have approved special per species. 4. There are no possession limits on regulations since the 1987–88 hunting any species, unless otherwise noted All other Federal regulations season on ceded lands in all three above. For purposes of enforcing bag contained in 50 CFR part 20 would States. In fact, this recognition of the limits, all migratory birds in the apply. The Tribe proposes to monitor principle of reserved treaty rights for possession or custody of band members harvest closely through game bag band members to hunt and fish was on ceded lands will be considered to checks, patrols, and mail surveys. pivotal in our decision to approve a have been taken on those lands unless Harvest surveys from the 2002–03 special 1991–92 season for the 1836 tagged by a tribal or State conservation hunting season indicated that ceded area in Michigan. warden as having been taken on- approximately 34 tribal hunters The GLIFWC proposed off-reservation reservation. All migratory birds that fall harvested an estimated 200 ducks and special migratory bird hunting on reservation lands will not count as 30 Canada geese. regulations for the 2003–04 seasons on part of any off-reservation bag or We propose to approve the Grand behalf of the member Tribes of the Voigt possession limit. Traverse Band of Ottawa and Chippewa Intertribal Task Force of the GLIFWC The Band anticipates harvest will be Indians’ requested 2003–04 special (for the 1837 and 1842 Treaty areas) and fewer than 500 ducks and geese. migratory bird hunting regulations. the Bay Mills Indian Community (for

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the 1836 Treaty area). Member Tribes of Ducks The respective Chapters 10 of these the Task Force are: the Bad River Band A. Wisconsin and Minnesota 1837 model codes regulate ceded territory of the Lake Superior Tribe of Chippewa and 1842 Zones: migratory bird hunting. They parallel Indians, the Lac Courte Oreilles Band of Season Dates: Begin September 15 Federal requirements as to hunting Lake Superior Chippewa Indians, the and end December 1, 2003. methods, transportation, sale, Lac du Flambeau Band of Lake Superior Daily Bag Limit: 20 ducks, including exportation and other conditions Chippewa Indians, the Red Cliff Band of no more than 10 mallards (only 5 of generally applicable to migratory bird Lake Superior Chippewa Indians, the St. which may be hens), 4 black ducks, 4 hunting. They also automatically Croix Chippewa Indians of Wisconsin, redheads, 4 pintails, and 2 canvasbacks. incorporate by reference the Federal the Sokaogon Chippewa Community B. Michigan 1836 and 1842 Treaty migratory bird regulations adopted in (Mole Lake Band), all in Wisconsin; the Zones: response to this proposal. Mille Lacs Band of Chippewa Indians in Season Dates: Begin September 15 C. Particular regulations of note Minnesota; the Lac Vieux Desert Band and end December 1, 2003. include: of Chippewa Indians and the Keweenaw Daily Bag Limit: 10 ducks, including 1. Nontoxic shot will be required for Bay Indian Community in Michigan. no more than 5 mallards (only 2 of all off-reservation waterfowl hunting by Details of the proposed regulations are which may be hens), 2 black ducks, 2 tribal members. shown below. In general, the proposal is redheads, 2 pintails, and 1 canvasback. 2. Tribal members in each zone will essentially the same as the regulations Mergansers: All Ceded Areas comply with tribal regulations approved for the 2002–03 season. Season Dates: Begin September 15 providing for closed and restricted Results of 1987–98 hunter surveys on and end December 1, 2003. waterfowl hunting areas. These off-reservation tribal duck harvest in the Daily Bag Limit: Five mergansers. regulations generally incorporate the Wisconsin/Michigan entire ceded Geese: All Ceded Areas same restrictions contained in parallel territory ranged from 1,022 to 2,374 Season Dates: Begin September 1 and state regulations. with an average of 1,422. Estimated end December 1, 2003. In addition, any 3. Possession limits for each species goose harvest has ranged from 72 to 586, portion of the ceded territory that is are double the daily bag limit, except on with an average of 310. Harvest from open to State-licensed hunters for goose the opening day of the season, when the 2001 was estimated at 1,014 ducks, 81 hunting after December 1 will also be possession limit equals the daily bag geese, and 146 coots. Under the open concurrently for tribal members. limit, unless otherwise noted above. proposed regulations, harvest is Daily Bag Limit: 10 geese in aggregate. Possession limits are applicable only expected to remain within these ranges. Other Migratory Birds: All Ceded to transportation and do not include Tribal harvest in the Minnesota ceded Areas birds that are cleaned, dressed, and at a territory is anticipated to be much A. Coots and Common Moorhens member’s primary residence. For smaller than in the Wisconsin/Michigan (Common Gallinules) purposes of enforcing bag and area since waterfowl hunting has been Season Dates: Begin September 15 possession limits, all migratory birds in limited to 10 individuals thus far. Due and end December 1, 2003. the possession and custody of tribal to the limited distribution of doves and Daily Bag Limit: 20 coots and members on ceded lands will be dove habitat in the ceded territory, and common moorhens (common considered to have been taken on those the relatively small number of tribal off- gallinules), singly or in the aggregate. lands unless tagged by a tribal or State reservation migratory bird hunters, B. Sora and Virginia Rails conservation warden as taken on harvest is expected to be negligible. Season Dates: Begin September 15 reservation lands. All migratory birds We believe that regulations advanced and end December 1, 2003. that fall on reservation lands will not by the GLIFWC for the 2003–04 hunting Daily Bag Limit: 25 sora and Virginia count as part of any off-reservation bag season are biologically acceptable, and rails, singly or in the aggregate. or possession limit. we recommend approval. If the Possession Limit: 25. 4. The baiting restrictions included in regulations are finalized as proposed, C. Common Snipe the respective sections 10.05 (2)(h) of we would request that the GLIFWC Season Dates: Begin September 15 the model ceded territory conservation closely monitor the member band’s and end December 1, 2003. codes will be amended to include duck harvest and take any actions Daily Bag Limit: Eight common snipe. language which parallels that in place necessary to reduce harvest if locally D. Woodcock for non-tribal members as published in nesting populations are being Season Dates: Begin September 2 and 64 FR 29804, June 3, 1999. This significantly impacted. end December 1, 2003. language is also included in Appendix The Commission and the Service are Daily Bag Limit: Five woodcock. 1. parties to a Memorandum of Agreement E. Mourning Dove: 1837 and 1842 5. The shell limit restrictions (MOA) designed to facilitate the ongoing Ceded Territories included in the respective sections enforcement of Service-approved tribal Season Dates: Begin September 2 and 10.05 (2)(b) of the model ceded territory migratory bird regulations. Its intent is end October 30, 2003. conservation codes will be removed. to provide long-term cooperative Daily Bag Limit: 15 mourning dove. D. Michigan—Duck Blinds and application. Decoys. Tribal members hunting in General Conditions Also, as in recent seasons, the Michigan will comply with tribal codes proposal contains references to Chapter A. All tribal members will be required that contain provisions parallel to 10 of the Migratory Bird Harvesting to obtain a valid tribal waterfowl Michigan law regarding duck blinds and Regulations of the Model Off- hunting permit. decoys. Reservation Conservation Code. Chapter B. Except as otherwise noted, tribal 10 regulations parallel State and Federal members will be required to comply (h) Jicarilla Apache Tribe, Jicarilla regulations and, in effect, are not with tribal codes that will be no less Indian Reservation, Dulce, New Mexico changed by this proposal. restrictive than the model ceded (Tribal Members and Nontribal Hunters) The GLIFWC’s proposed 2003–04 territory conservation codes approved The Jicarilla Apache Tribe has had waterfowl hunting season regulations by Federal courts in the Voigt and Mille special migratory bird hunting are as follows: Lacs Band v. State of Minnesota cases. regulations for tribal members and

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nonmembers since the 1986–87 hunting proposed tribal and nontribal member seasons frameworks are September 28, season. The Tribe owns all lands on the waterfowl seasons. The Tribe requests 2003, through January 26, 2004. All reservation and has recognized full that both duck and goose seasons open seasons for nontribal hunters must wildlife management authority. In at the earliest possible date and close on conform with the 107-day maximum general, the proposed seasons would be the latest date under Federal season length established by the Treaty. more conservative than allowed by the frameworks. For nontribal members, the (j) Klamath Tribe, Chiloquin, Oregon Federal frameworks of last season and Tribe requests that the season for ducks (Tribal Members Only) by States in the Pacific Flyway. begin September 20, 2003, and end The Tribe proposed a 2003–04 January 26, 2004. In that period, The Klamath Tribe currently has no waterfowl season beginning with the nontribal hunters would be allowed to reservation, per se. However, the earliest possible opening date in the hunt approximately 101 days. Hunters Klamath Tribe has reserved hunting, Pacific Flyway States and a closing date should obtain further information on fishing, and gathering rights within its of November 30, 2003. Daily bag and specific hunt days from the Kalispel former reservation boundary. This area possession limits for waterfowl would Tribe. of former reservation, granted to the be the same as Pacific Flyway States. The Tribe also requests the season for Klamaths by the Treaty of 1864, is over The Tribe proposes a season on Canada geese run from September 4 to 1 million acres. Tribal natural resource geese with a two-bird daily bag limit. September 15, 2003, and from October management authority is derived from Other regulations specific to the Pacific 1, 2003, to January 26, 2004. Total the Treaty of 1864, and carried out Flyway guidelines for New Mexico number of days would not exceed 107. cooperatively under the judicially would be in effect. Nontribal members should obtain enforced Consent Decree of 1981. The During the Jicarilla Game and Fish further information on specific hunt parties to this Consent Decree are the Department’s 2002–03 season, estimated days from the Tribe. Daily bag and Federal Government, the State of duck harvest was 216, which is within possession limits would be the same as Oregon, and the Klamaths. The Klamath the historical harvest range. The species those for the State of Washington. Indian Game Commission sets the composition in the past has included The Tribe reports a 2002–03 nontribal seasons. The tribal biological staff and mainly mallards, gadwall, wigeon, and harvest of 55 ducks and 0 geese. Under tribal Regulatory Enforcement Officers teal. Northern pintail comprised 3 the proposal, the Tribe expects harvest monitor tribal harvest by frequent bag percent of the total harvest in 2002. The to be similar to last year and less than checks and hunter interviews. estimated harvest of geese was 13 birds. 30 geese and 100 ducks. For the 2003–04 season, we have not The proposed regulations are All other State and Federal yet heard from the Tribe regarding this essentially the same as were established regulations contained in 50 CFR part 20, season’s proposal. Based on last year, last year. The Tribe anticipates the such as use of non-toxic shot and we assume the Tribe would request maximum 2003–04 waterfowl harvest possession of a signed migratory bird proposed season dates of October 1, would be around 250–700 ducks and hunting stamp, would be required. 2003, through January 28, 2004. Daily 20–30 geese. For tribal members on Kalispel-ceded bag limits would be nine for ducks and We propose to approve the Tribe’s lands, the Kalispel propose outside six for geese, with possession limits requested 2003–04 hunting seasons. frameworks for ducks and geese of twice the daily bag limit. The daily bag September 1, 2003, through January 26, (i) Kalispel Tribe, Kalispel Reservation, and possession limit for coots would be 2004. The Tribe requests that both duck 25. Shooting hours would be one-half Usk, Washington (Tribal Members and and goose seasons open at the earliest Nontribal Hunters) hour before sunrise to one-half hour possible date and close on the latest after sunset. Steel shot is required. The Kalispel Reservation was date under Federal frameworks. Based on the number of birds established by Executive Order in 1914, However, during that period, the Tribe produced in the Klamath Basin, this and currently comprises approximately proposes that the season run year’s harvest would be similar to last 4,600 acres. The Tribe owns all continuously. Daily bag and possession year’s. Information on tribal harvest Reservation land and has full limits would be concurrent with the suggests that more than 70 percent of management authority. The Kalispel Federal rule. the annual goose harvest is local birds Tribe has a fully developed wildlife The Tribe reports that there was no produced in the Klamath Basin. program with hunting and fishing 2002–03 tribal harvest. Under the We propose to approve the Klamath codes. The Tribe enjoys excellent proposal, the Tribe expects harvest to be Tribe’s requested 2003–04 special wildlife management relations with the less than 500 birds for the season with migratory bird hunting regulations upon State. The Tribe and the State have an less than 200 geese. Tribal members receipt of their proposal and operational Memorandum of would be required to possess a signed confirmation that the Tribe would like Understanding with emphasis on Federal migratory bird stamp and a to have a special season. fisheries but also for wildlife. The tribal ceded lands permit. nontribal member seasons described We propose to approve the (k) Leech Lake Band of Ojibwe, Cass below pertain to a 176-acre waterfowl regulations requested by the Kalispel Lake, Minnesota (Tribal Members Only) management unit. The Tribe is utilizing Tribe provided that the nontribal The Leech Lake Band of Ojibwe is a this opportunity to rehabilitate an area seasons conform to Treaty limitations federally recognized Tribe located in that needs protection because of past and final Federal frameworks for the Cass Lake, Minnesota. The reservation land use practices, as well as to provide Pacific Flyway. For the 2003–04 season, employs conservation officers to enforce additional waterfowl hunting in the outside Federal frameworks for ducks in conservation regulations. The Service area. Beginning in 1996, the requested the Pacific Flyway under the and the Tribe have cooperatively regulations also included a proposal for ‘‘moderate’’ and ‘‘liberal’’ regulatory established migratory bird hunting Kalispel-member-only migratory bird alternatives are September 20, 2003, regulations since 2000. hunting on Kalispel-ceded lands within through January 26, 2004. For geese, For the 2003–04 season, the Tribe Washington, Montana, and Idaho. frameworks for special early Canada requests a duck season starting on For the 2003–04 migratory bird goose seasons are September 1 through September 13 and ending December 31, hunting seasons, the Kalispel Tribe September 15, 2003, while regular 2003. They request a goose season to

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run from September 1 through bag limit would be 10 and possession September 1 through November 30, December 31, 2003. Daily bag limits for limit of 20. 2003, season. The daily bag limit for both ducks and geese would be 10. The Tribe proposes to monitor harvest Canada geese would be 5 birds, and for Possession limits would be twice the through mail surveys. General snow geese, brant, and white-fronted daily bag limit. Shooting hours are one- Conditions are as follows: geese, 10 birds. Based on our half hour before sunrise to one-half hour A. All tribal members will be required information, it is unlikely that any after sunset. to obtain a valid tribal resource card and Canada geese from the Southern James The annual harvest by tribal members 2003–04 hunting license. Bay Population would be harvested by on the Leech Lake Reservation is B. Except as modified by the Service the Tribe. Possession limits are twice estimated at 1,000–2,000 birds. rules adopted in response to this the daily bag limit. We propose to approve the Leech proposal, these amended regulations For woodcock, the Tribe proposes a Lake Band of Ojibwe’s requested 2003– parallel all Federal regulations September 1, 2003, to November 14, 04 special migratory bird hunting contained in 50 CFR part 20. 2003, season. The daily bag limit will regulations. C. Particular regulations of note not exceed five birds. For snipe, include: mourning doves, and sora rail, the Tribe (l) Little River Band of Ottawa Indians, (1) Nontoxic shot will be required for proposes a September 1 to November Manistee, Michigan (Tribal Members all waterfowl hunting by tribal 14, 2003, season. The daily bag limit Only) members. will not exceed 10 birds per species. (2) Tribal members in each zone will The Little River Band of Ottawa The possession limit will not exceed comply with tribal regulations Indians is a self-governing, federally two days bag limit for all birds. providing for closed and restricted recognized Tribe located in Manistee, All other Federal regulations waterfowl hunting areas. These Michigan, and a signatory Tribe of the contained in 50 CFR part 20 would regulations generally incorporate the Treaty of 1836. We have approved apply. The Tribe proposes to monitor same restrictions contained in parallel special regulations for tribal members of harvest closely through game bag State regulations. the 1836 treaty’s signatory Tribes on checks, patrols, and mail surveys. In (3) Possession limits for each species ceded lands in Michigan since the particular, the Tribe proposes are double the daily bag limit, except on monitoring the harvest of Southern 1986–87 hunting season. Ceded lands the opening day of the season, when the James Bay Canada geese to assess any are located in Lake, Mason, Manistee, possession limit equals the daily bag impacts of tribal hunting on the and Wexford Counties. limit, unless otherwise noted above. population. For the 2003–04 season, the Little D. Tribal members hunting in We propose to approve the Little River Band of Ottawa Indians proposes Michigan will comply with tribal codes Traverse Bay Bands of Odawa Indians’ duck, merganser, coot, and common that contain provisions parallel to requested 2003–04 special migratory moorhen seasons from September 29 Michigan law regarding duck blinds and bird hunting regulations. through December 5, 2003. A daily bag decoys. (n) Lower Brule Sioux Tribe, Lower limit of eight ducks would include no We propose to approve Little River Brule Reservation, Lower Brule, South more than one pintail, one canvasback, Band of Ottawa Indians’ requested Dakota (Tribal Members and Nontribal one black duck, two wood ducks, two 2003–04 special migratory bird hunting Hunters) redheads, three scaup, and five mallards regulations. (only one of which may be a hen). The The Lower Brule Sioux Tribe first daily bag limit for mergansers would be (m) The Little Traverse Bay Bands of established tribal migratory bird hunting five, of which only one could be a Odawa Indians, Petoskey, Michigan regulations for the Lower Brule hooded merganser. Possession limits for (Tribal Members Only) Reservation in 1994. The Lower Brule mergansers is 10, only 2 of which may The Little Traverse Bay Bands of Reservation is about 214,000 acres in be hooded mergansers. The daily bag Odawa Indians is a self-governing, size and is located on and adjacent to limit for coots and common moorhens federally recognized Tribe located in the Missouri River, south of Pierre. Land would be 12. Possession limits would be Petoskey, Michigan, and a signatory ownership on the reservation is mixed, twice the daily bag limit. Tribe of the Treaty of 1836. We have and until recently, the Lower Brule For Canada geese, white-fronted approved special regulations for tribal Tribe had full management authority geese, snow geese, Ross geese, and members of the 1836 treaty’s signatory over fish and wildlife via an MOA with brant, the Tribe proposes a September 1 Tribes on ceded lands in Michigan since the State of South Dakota. The MOA through November 30, 2003, season. the 1986–87 hunting season. provided the Tribe jurisdiction over fish Daily bag limits would be 5 Canada For the 2003–04 season, the Little and wildlife on reservation lands, geese and a combination of 10 of all Traverse Bay Bands of Odawa Indians including deeded and Corps of other species. For Canada geese only, propose regulations similar to other Engineers taken lands. For the 2003–04 the Tribe proposes a January 1, 2004, Tribes in the 1836 treaty area. The tribal season, the two parties have come to an through February 7, 2004, season with member duck season would run from agreement that provides the public a a daily bag limit of five Canada geese. September 15, 2003, through January 20, clear understanding of the Lower Brule The possession limit would be twice the 2004. A daily bag limit of 12 would Sioux Wildlife Department license daily bag limit. include no more than 2 pintail, 2 requirements and hunting season For snipe, woodcock, and rails, the canvasback, 1 hooded merganser, 3 regulations. The Lower Brule Tribe proposes a September 1 to black ducks, 3 wood ducks, 2 redheads, Reservation waterfowl season is open to November 14, 2003, season. The daily and 6 mallards (only 3 of which may be tribal and non-tribal hunters. bag limit would be 10 common snipe, 5 hens). For Canada geese, the Tribe For the 2003–04 migratory bird woodcock, and 10 rails. Possession proposes a September 1, 2003, through hunting season, the Lower Brule Sioux limits for all species would be twice the November 30, 2003, and January 1, Tribe proposes a nontribal member daily bag limit. For mourning dove, the 2004, through February 7, 2004, season. duck, merganser, and coot season length Tribe proposes a September 15 to For white-fronted geese, brant, and of 97 days, the same number of days November 14, 2003, season. The daily snow geese, the Tribe proposes a tentatively allowed under the ‘‘liberal’’

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regulatory alternative in the High Plains harvest species composition was The Tribe anticipates that harvest Management Unit for this season. The primarily mallard (60 percent), green- under this regulation will be relatively Tribe’s proposed season would run from winged teal (19 percent), gadwall (10 low since fewer than 20 hunters are October 4, 2003, through January 8, percent), blue-winged teal (7 percent), likely to participate at this time. The 2004. The daily bag limit would be six and wood duck, scaup, pintail, and Tribe expects fewer than 70 ducks and birds, including no more than five wigeon (4 percent collectively). Goose 20 geese are expected to be harvested mallards (only one of which may be a harvest species composition in 2002 at during the 2003–04 migratory bird hen), one pintail, two redheads, two Mni Sho Sho was approximately 86 hunting season. wood ducks, three scaup, and one percent Canada geese, 8 percent snow All other Federal regulations mottled duck. The canvasback season geese, and 6 percent white-fronted contained in 50 CFR part 20 would for nontribal members is closed. The geese. Harvest of geese harvested by apply. The following restrictions are daily bag limit for mergansers would be other hunters was approximately 96 also proposed by the Tribe: (1) As per five, only one of which could be a percent Canada geese, 3 percent snow Makah Ordinance 44, only shotguns hooded merganser. The daily bag limit geese, and 1 percent white-fronted may be used to hunt any species of for coots would be 15. Possession limits geese. However, typical harvest is 100 waterfowl. Additionally, shotguns must would be twice the daily bag limits. The percent Canada geese with less than 1 not be discharged within 0.25 miles of Tribe also proposes a youth waterfowl percent snow geese. an occupied area; (2) Hunters must be hunt on September 27–28, 2003. The Tribe anticipates a duck harvest eligible, enrolled Makah tribal members The Tribe’s proposed nontribal similar to the 9-year average (403) and and must carry their Indian Treaty member Canada goose season would run a goose harvest below the target harvest Fishing and Hunting Identification Card from October 18, 2003, through January level of 3,000 to 4,000 geese. All basic while hunting. No tags or permits are 20, 2004, with a daily bag limit of three Federal regulations contained in 50 CFR required to hunt waterfowl; (3) The Canada geese. The Tribe’s proposed part 20, including the use of steel shot, Cape Flattery area is open to waterfowl nontribal member white-fronted goose Migratory Waterfowl Hunting and hunting, except in designated season would run from October 18, Conservation Stamp, etc., would be wilderness areas, or within one mile of 2003, through January 11, 2004, with a observed by the Tribe’s proposed Cape Flattery Trail, or in any area that daily bag limit of two white-fronted regulations. In addition, the Lower is closed to hunting by another geese. The Tribe’s proposed nontribal Brule Sioux Tribe has an official ordinance or regulation; (4) The use of member light goose season would run Conservation Code that was established live decoys and/or baiting to pursue any from October 18, 2003, through January by Tribal Council Resolution in June species of waterfowl is prohibited; (5) 17, 2004, and February 26 through 1982 and updated in 1996. Steel or bismuth shot only for waterfowl March 10, 2004. The light goose daily We propose to approve the Tribe’s is allowed; the use of lead shot is bag limit would be 20. Possession limits requested regulations for the Lower prohibited; (6) The use of dogs is would be twice the daily bag limits. Brule Reservation. permitted to hunt waterfowl. For tribal members, the Lower Brule We propose to approve the Makah (o) Makah Indian Tribe, Neah Bay, Sioux Tribe proposes a duck, merganser, Washington (Tribal Members Only) Indian Tribe’s requested 2003–04 and coot season from October 4, 2003, special migratory bird hunting through March 9, 2004. The daily bag The Makah Indian Tribe and the regulations. limit would be six birds, including no Service have been cooperating to more than five mallards (only one of establish special regulations for (p) Navajo Nation, Navajo Indian which may be a hen), one pintail, two migratory game birds on the Makah Reservation, Window Rock, Arizona redheads, one canvasback, two wood Reservation and traditional hunting (Tribal Members and Nontribal Hunters) ducks, three scaup, and one mottled land off the Makah Reservation since Since 1985, we have established duck. The daily bag limit for mergansers the 2001–02 hunting season. Lands off uniform migratory bird hunting would be five, only one of which could the Makah Reservation are those regulations for tribal members and be a hooded merganser. The daily bag contained within the boundaries of the nonmembers on the Navajo Indian limit for coots would be 15. Possession State of Washington Game Management Reservation (in parts of Arizona, New limits would be twice the daily bag Units 601–603 and 607. Mexico, and Utah). The Navajo Nation limits. The Tribe also proposes a youth The Makah Indian Tribe proposes a owns almost all lands on the reservation waterfowl hunt on September 27–28, duck and coot hunting season from and has full wildlife management 2003. September 15, 2003, to January 13, authority. The Tribe’s proposed Canada goose 2004. The daily bag limit is seven ducks The Tribe requests special migratory season for tribal members would run including no more than one canvasback bird hunting regulations on the from October 18, 2003, through March and one redhead. The daily bag limit for reservation for both tribal and nontribal 9, 2004, with a daily bag limit of three coots is 25. The Tribe has a year-round members for the 2003–04 hunting Canada geese. The Tribe’s proposed closure on wood ducks and harlequin season for ducks (including white-fronted goose tribal season would ducks. For geese, the Tribe proposes the mergansers), Canada geese, coots, band- run from October 18, 2003, through season open on September 15, 2003, and tailed pigeons, and mourning doves. For March 9, 2004, with a daily bag limit of close January 13, 2004. The daily bag ducks, mergansers, Canada geese, and two white-fronted geese. The Tribe’s limit for geese is four. The Tribe notes coots, the Navajo Nation requests the proposed light goose tribal season that there is a year-round closure on earliest opening dates and longest would run from October 18, 2003, Aleutian and Dusky Canada geese. For seasons, and the same daily bag and through March 9, 2004. The light goose band-tailed pigeons, the Tribe proposes possession limits permitted Pacific daily bag limit would be 20. Possession the season open September 1, 2003, and Flyway States under final Federal limits would be twice the daily bag close October 31, 2003. The daily bag frameworks. limits. limit for band-tailed pigeons is two. For both mourning dove and band- In the 2002–03 season, hunters Shooting hours for all species of tailed pigeons, the Navajo Nation harvested an estimated 1,785 geese and waterfowl are one-half hour before proposes seasons of September 1 660 ducks. In the 2002–03 season, duck sunrise to sunset. through 30, 2003, with daily bag limits

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of 10 and 5 for mourning dove and Canada geese. Hunters will be issued from September 15, 2003, to March 10, band-tailed pigeon, respectively. three tribal tags for geese in order to 2004, with a daily bag limit of 7 ducks, Possession limits would be twice the monitor goose harvest. An additional 25 coots, 4 geese (including no more daily bag limits. three tags will be issued each time birds than 3 light geese), and 8 snipe. The The Nation requires tribal members are registered. The Tribe will close the duck daily bag limit would include and nonmembers to comply with all season November 22 to 30, 2003. If a mergansers and could include no more basic Federal migratory bird hunting quota of 150 geese is attained before the than two hen mallards, one pintail, one regulations in 50 CFR part 20 pertaining season concludes, the Tribe will canvasback, one harlequin, and two to shooting hours and manner of taking. recommend closing the season early. redheads. The goose daily bag limit is to In addition, each waterfowl hunter 16 For woodcock, the Tribe proposes a include no more than three light geese. years of age or over must carry on his/ season between September 13 and The season is closed on Aleutian her person a valid Migratory Bird November 16, 2003, with a daily bag Canada geese. For brant, the season Hunting and Conservation Stamp (Duck and possession limit of 5 and 10, would run from November 1, 2003, to Stamp) signed in ink across the face of respectively. March 10, 2004. The daily bag limit for the stamp. Special regulations For mourning dove, the Tribe brant would be two. All possession established by the Navajo Nation also proposes a season between September 1 limits would be twice the daily bag apply on the reservation. and November 16, 2003, with a daily limit. For band-tailed pigeons and The Tribe anticipates a total harvest of bag and possession limit of 10 and 20, mourning doves, the season would start less than 100 mourning doves, 20 band- respectively. September 1, 2003, and end March 10, tailed pigeons, 500 ducks, coots, and The Tribe proposes shooting hours be 2004. The band-tailed pigeon daily bag mergansers, and 300 Canada geese for one-half hour before sunrise to one-half limit would be 2, with a possession the 2003–04 season. Harvest will be hour after sunset. limit of 4, and the mourning dove daily measured by mail survey forms. Nontribal members hunting on the bag limit would be 10, possession limit Through the established Tribal Nation Reservation or on lands under the of 20. Code, Title 17 and 18 U.S.C. 1165, the jurisdiction of the Tribe must comply The Tribes require that all hunters Tribe will take action to close the with all State of Wisconsin regulations, authorized to hunt migratory birds on season, reduce bag limits, or take other including shooting hours of one-half the reservation obtain a tribal hunting appropriate actions if the harvest is hour before sunrise to sunset, season permit from the respective Tribe. detrimental to the migratory bird dates, and daily bag limits. Tribal Hunters are also required to adhere to a resource. members and nontribal members number of special regulations available We propose to approve the Navajo hunting on the Reservation or on lands at the tribal office. Tribal harvest in Nation’s request for these special under the jurisdiction of the Tribe will 2002–03 under similar regulations was regulations for the 2003–04 migratory observe all basic Federal migratory bird approximately 150 ducks, 20 geese, and bird hunting seasons. hunting regulations found in 50 CFR 25 coots. part 20, with the following exceptions: We propose to approve the Point No (q) Oneida Tribe of Indians of Oneida members would be exempt from Point Treaty Tribe’s 2003–04 Wisconsin, Oneida, Wisconsin (Tribal the purchase of the Migratory Waterfowl regulations. Members Only) Hunting and Conservation Stamp (Duck (s) Shoshone-Bannock Tribes, Fort Hall Since 1991–92, the Oneida Tribe of Stamp); and shotgun capacity is not Indians of Wisconsin and the Service Indian Reservation, Fort Hall, Idaho limited to three shells. Tribal member (Nontribal Hunters) have cooperated to establish uniform shooting hours will be from one-half regulations for migratory bird hunting hour before sunset to one-half hour after Almost all of the Fort Hall Indian by tribal and non-tribal hunters within sunset. Reservation is tribally owned. The the original Oneida Reservation The Service proposes to approve the Tribes claim full wildlife management boundaries. Since 1985, the Oneida request for special migratory bird authority throughout the reservation, Tribe’s Conservation Department has hunting regulations for the Oneida Tribe but the Idaho Fish and Game enforced their own hunting regulations of Indians of Wisconsin. Department has disputed tribal within those original reservation limits. jurisdiction, especially for hunting by The Oneida Tribe also has a good (r) Point No Point Treaty Tribes, non-tribal members on reservation lands working relationship with the State of Kingston, Washington (Tribal Members owned by non-Indians. As a Wisconsin and the majority of the Only) compromise, since 1985, we have seasons and limits are the same for the Since 1996, the Service and the Point established the same waterfowl hunting Tribe and Wisconsin. No Point Treaty Tribes, consisting of the regulations on the reservation and in a In a May 13, 2003, letter, and a June Skokomish, Port Gamble S’klallam, surrounding off-reservation State zone. 26, 2003 supplemental letter, the Tribe Jamestown S’klallam, and Elwha The regulations were requested by the proposed special migratory bird hunting S’klallam Tribes, have cooperated to Tribes and provided for different season regulations. For ducks, the Tribe establish special regulations for dates than in the remainder of the State. described the general ‘‘outside dates’’ as migratory bird hunting. The four Tribes We agreed to the season dates because being September 27 through December have reservations located on the they seemed to provide additional 7, 2003, with a closed segment of Olympic Peninsula in Washington. All protection to mallards and pintails. The November 22 through 30. The Tribe four Tribes have successfully State of Idaho concurred with the proposes a daily bag limit of six birds, administered tribal hunting regulations zoning arrangement. We have no which could include no more than six since 1985, and each Tribe has a objection to the State’s use of this zone mallards (three hen mallards), five wood comprehensive hunting ordinance. again in the 2003–04 hunting season, ducks, one redhead, two pintails, and For the 2003–04 season, the Tribe provided the duck and goose hunting one hooded merganser. requests seasons for ducks, geese, brant, season dates are the same as on the For geese, the Tribe requests a season coots, snipe, band-tailed pigeons, and reservation. between September 1 and December 31, mourning doves. For ducks, coots, In a proposal for the 2003–04 hunting 2003, with a daily bag limit of three geese, and snipe, the season would run season, the Shoshone-Bannock Tribes

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requested a continuous duck (including and could include only one canvasback. is 25. For geese, the daily bag limit is mergansers) season with the maximum The season on harlequin ducks is six. The daily bag limit on brant is three. number of days and the same daily bag closed. For coots the daily bag limit is The daily bag limit for snipe is ten. and possession limits permitted for 25. For snipe, the Tribe proposes the Possession limits are totals of two daily Pacific Flyway States, under final season start on September 15, 2003, and bag limits. Federal frameworks. The Tribes propose end on January 15, 2004. The daily bag Harvest is regulated by a punch card that, if the same number of hunting days limit for snipe is eight. system. Tribal members hunting on are permitted as last year, the season For geese, the Tribe proposes lands under this proposal will observe would have an opening date of October establishing a season that would run all basic Federal migratory bird hunting 4, 2003, and a closing date of January from September 15, 2003, through regulations found in 50 CFR part 20, 11, 2004. Coot and snipe season dates January 15, 2004. The daily bag limit for which will be enforced by the would be the same as for ducks, with geese is four and could include only two Stillaguamish Tribal Law Enforcement. the same daily bag and possession limits snow geese. The season on Aleutian and Tribal members are required to use steel permitted for Pacific Flyway States. The cackling Canada geese is closed. For shot or a non-toxic shot as required by Tribes anticipate harvest will be brant, the Tribe proposes to establish a Federal regulations. between 2,000 and 5,000 ducks. September 15 to December 31, 2003, The Tribe anticipates a total harvest of The Tribes also requested a season with a daily bag limit of two. The 200 ducks, 100 geese, 50 mergansers, 50 continuous goose season with the Tribe also proposes a September 1 to brant, 100 coots, and 100 snipe. maximum number of days and the same December 31, 2003, season for band- Anticipated harvest needs include daily bag and possession limits tailed pigeons with a daily bag limit of subsistence and ceremonial needs. permitted in Idaho under Federal five. Certain species may be closed to frameworks. The Tribes propose that, if In all cases, the possession limit hunting for conservation purposes, and the same number of hunting days are would be twice the daily bag limit. consideration for the needs of certain permitted as in previous years, the Shooting hours would be from one-half species will be addressed. season would have an opening date of hour before sunrise to one-half hour The Service proposes to approve the October 4, 2003, and a closing date of after sunset, and steel shot would be request for special migratory bird January 4, 2004. The Tribes anticipate required for migratory bird hunting. hunting regulations for the harvest will be between 4,000 and 6,000 Further, the Tribe requires that all Stillaguamish Tribe of Indians. geese. harvest be reported to their Natural (v) Swinomish Indian Tribal The Tribe requests a common snipe Resources Office within 72 hours. Community, LaConner, Washington In 1995, the Tribe reported no harvest season with the maximum number of (Tribal Members Only) days and the same daily bag and of any species. Tribal regulations are possession limits permitted in Idaho enforced by the Tribe’s Law In 1996, the Service and the under Federal frameworks. The Tribes Enforcement Department. Swinomish Indian Tribal Community propose that, if the same number of We propose to approve the Squaxin began cooperating to establish special hunting days are permitted as in Island Tribe’s requested 2003–04 special regulations for migratory bird hunting. previous years, the season would have migratory bird hunting regulations. The Swinomish Indian Tribal Community is a Federally recognized an opening date of October 4, 2003, and (u) Stillaguamish Tribe of Indians, a closing date of January 11, 2004. Indian Tribe consisting of the Suiattle, Arlington, Washington (Tribal Members Skagit, and Kikialos. The Swinomish Nontribal hunters must comply with Only) all basic Federal migratory bird hunting Reservation was established by the regulations in 50 CFR part 20 pertaining The Stillaguamish Tribe of Indians Treaty of Point Elliott of January 22, to shooting hours, use of steel shot, and and the Service have cooperated to 1855, and lies in the Puget Sound area manner of taking. Special regulations establish special regulations for north of Seattle, Washington. established by the Shoshone-Bannock migratory game birds since 2001. The For the 2003–04 season, the Tribe Tribes also apply on the reservation. Tribe is proposing regulations to hunt requests to establish a migratory bird We note that the requested regulations all open and unclaimed lands under the hunting season on all areas that are are nearly identical to those of last year Treaty of Point Elliott of January 22, open and unclaimed and consistent and propose they be approved for the 1855, including their main hunting with the meaning of the treaty. The 2003–04 hunting season. grounds around Camano Island, Skagit Tribe requests to establish duck, Flats, Port Susan to the border of the merganser, Canada goose, brant, and (t) Squaxin Island Tribe, Squaxin Island Tulalip Tribe’s Reservation. Ceded coot seasons opening on the earliest Reservation, Shelton, Washington lands are located in Whatcom, Skagit, possible date allowed by the final (Tribal Members Only) Snohomish, and Kings Counties, and a Federal frameworks for the Pacific The Squaxin Island Tribe of portion of Pierce County, Washington. Flyway and closing 30 days after the Washington and the Service have The Stillaguamish Tribe of Indians is a State of Washington closes its season. cooperated since 1995 to establish federally recognized Tribe and reserves The Swinomish requests an additional special tribal migratory bird hunting the Treaty Right to hunt (U.S. v. three birds of each species over that regulations. These special regulations Washington). allowed by the State for daily bag and apply to tribal members on the Squaxin The Tribe proposes that duck possession limits. Island Reservation, located in western (including mergansers, sea ducks, and The Community normally anticipates Washington near Olympia, and all lands coots), goose, and snipe seasons run that the regulations will result in the within the traditional hunting grounds from October 1, 2003, to January 31, harvest of approximately 300 ducks, 50 of the Squaxin Island Tribe. 2004. The daily bag limit on ducks Canada geese, 75 mergansers, 100 brant, For the 2003–04 season, the Tribe (including sea ducks and mergansers) is and 50 coot. The Swinomish utilize a requests to establish duck and coot 10 and must include no more than 7 report card and permit system to seasons that would run from September mallards (only 3 of which can be hens), monitor harvest and will implement 15, 2003, through January 15, 2004. The 3 pintail, 3 redhead, 3 scaup, and 3 steps to limit harvest where daily bag limit for ducks is five per day canvasback. The daily bag limit for coot conservation is needed. All tribal

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regulations will be enforced by tribal by the Department of Natural Resources For the 2003–04 duck season, the fish and game officers. at any time upon application of a Tribe requests a season of November 1, On reservation, the Tribal Community qualified tribal member. Such a hunt 2003, and ending February 8, 2004. The proposes a hunting season for the above- must have a bag limit designed to limit Tribe proposes a daily bag limit of 15 mentioned species beginning on the harvest only to those birds necessary to with a possession limit of 20. The coot earliest possible opening date and provide for the ceremony. daily bag limit is 20 with a possession closing March 9, 2004. The Swinomish For geese, tribal members are limit of 30. manage harvest by a report card permit proposed to be allowed to hunt from The Tribe proposes a goose season system, and we anticipate harvest will September 15, 2003, through February from November 1, 2003, to February 8, be similar to that expected off 29, 2004. Non-tribal hunters would be 2004, with a daily bag limit of seven reservation. allowed the longest season and the geese and five brant. The possession We believe the estimated harvest by latest closing date permitted for Pacific limit for geese and brant are seven and the Swinomish will be minimal and will Flyway Federal frameworks. For tribal five, respectively. not adversely affect migratory bird hunters, the goose daily bag and The Tribe proposes a mourning dove populations. We propose to approve the possession limits would be 7 and 14, season between September 1 to Tribe’s requested 2003–04 special respectively, except that the bag limits December 31, 2003, with a daily bag migratory bird hunting regulations. for brant, cackling Canada geese, and limit of 12 and possession limit of 20. The anticipated migratory bird (w) The Tulalip Tribes of Washington, dusky Canada geese would be those harvest under this proposal would be Tulalip Indian Reservation, Marysville, established in accordance with final 100 ducks, 5 geese, 2 brant, and 10 Washington (Tribal Members and Federal frameworks. For nontribal coots. Tribal members must have the Nontribal Hunters) hunters hunting on reservation lands, the daily bag and possession limits tribal identification and harvest report The Tulalip Tribes are the successors would be those established in card on their person to hunt. Tribal in interest to the Tribes and bands accordance with final Federal members hunting on the Reservation signatory to the Treaty of Point Elliott of frameworks for the Pacific Flyway. The will observe all basic Federal migratory January 22, 1855. The Tulalip Tribes’ Tulalip Tribes also set a maximum bird hunting regulations found in 50 government is located on the Tulalip annual bag limit for those tribal CFR, except shooting hours would be Indian Reservation just north of the City members who engage in subsistence one-half hour before official sunrise to of Everett in Snohomish County, hunting of 365 ducks and 365 geese. one-half hour after official sunset. Washington. The Tribes or individual All hunters on Tulalip Tribal lands The Service proposes to approve the tribal members own all of the land on are required to adhere to shooting hour request for special migratory bird the reservation, and they have full regulations set at one-half hour before hunting regulations for the Upper Skagit wildlife management authority. All sunrise to sunset, special tribal permit Indian Tribe. We request that the Tribe lands within the boundaries of the requirements, and a number of other closely monitor harvest of this special Tulalip Tribes Reservation are closed to tribal regulations enforced by the Tribe. migratory bird hunting season. nonmember hunting unless opened by Nontribal hunters 16 years of age and (y) Wampanoag Tribe of Gay Head, Tulalip Tribal regulations. older, hunting pursuant to Tulalip Aquinnah, Massachusetts (Tribal The Tulalip Tribes proposed tribal Tribes’ Ordinance No. 67, must possess Members Only) and nontribal hunting regulations for a valid Federal Migratory Bird Hunting the 2003–04 season. Migratory and Conservation Stamp and a valid The Wampanoag Tribe of Gay Head is waterfowl hunting by Tulalip Tribal State of Washington Migratory a federally-recognized Tribe located on members is authorized by Tulalip Tribal Waterfowl Stamp. Both stamps must be the island of Martha’s Vineyard in Ordinance No. 67. For ducks, validated by signing across the face of Massachusetts. The Tribe has mergansers, coot, and snipe, the the stamp. approximately 560 acres of land, which proposed season for tribal members Although the season length requested it manages for wildlife through its would be from September 15, 2003, by the Tulalip Tribes appears to be quite natural resources department. The Tribe through February 29, 2004. In the case liberal, harvest information indicates a also enforces its own wildlife laws and of nontribal hunters hunting on the total take by tribal and nontribal hunters regulations through the natural reservation, the season would be the under 1,000 ducks and 500 geese, resources department. latest closing date and the longest annually. For the 2003–04 season, the Tribe period of time allowed under final We propose approval of the Tulalip proposes a duck season of November 1, Pacific Flyway Federal frameworks. Tribe’s request for the above seasons. 2003, to February 28, 2004. The Tribe Daily bag and possession limits for We request that harvest be monitored proposes a daily bag limit of six birds, Tulalip Tribal members would be 7 and closely and regulations be reevaluated which could include no more than two 14 ducks, respectively, except that for for future years if harvest becomes too hen mallards, two black ducks, two blue-winged teal, canvasback, great in relation to population numbers. mottled ducks, one fulvous whistling harlequin, pintail, and wood duck, the duck, four mergansers, three scaup, one bag and possession limits would be the (x) Upper Skagit Indian Tribe, Sedro hooded merganser, two wood ducks, same as those established in accordance Woolley, Washington (Tribal Members one canvasback, two redheads, and one with final Federal frameworks. For Only) pintail. The season for harlequins would nontribal hunters, bag and possession The Upper Skagit Indian Tribe and be closed. The Tribe proposes a teal limits would be the same as those the Service have cooperated to establish (green-winged and blue) season of permitted under final Federal special regulations for migratory game October 18, 2003, to January 31, 2004. frameworks. Nontribal members should birds since 2001. The Tribe has A daily bag limit of six teal would be check with the Tulalip tribal authorities jurisdiction over lands within Skagit, in addition to the daily bag limit for regarding additional conservation Island, and Whatcom Counties, ducks. measures which may apply to specific Washington. Tribal hunters are issued a For sea ducks, the Tribe proposes a species managed within the region. harvest report card that will be shared season between October 18, 2003, and Ceremonial hunting may be authorized with the State of Washington. February 28, 2004, with a daily bag limit

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of seven, which could include no more Conservation Officers to enforce only. Proposed daily bag limits for than one hen eider and four of any one migratory bird regulations. band-tailed pigeons and mourning species unless otherwise noted above. We propose to approve the White doves would be 3 and 10, respectively. For geese, the Tribe requests a season Earth Band of Ojibwe’s requested 2003– Possession limits for the above between September 13 to September 27, 04 special migratory bird hunting species are twice the daily bag limits. 2003, and November 1, 2003, through regulations for this year. Shooting hours would be from one-half hour before sunrise to sunset. There February 28, 2004, with a daily bag limit (aa) White Mountain Apache Tribe, Fort would be no open season for sandhill of 5 Canada geese during the first period Apache Indian Reservation, Whiteriver, cranes, rails, and snipe on the White and 3 Canada geese during the second Arizona (Tribal Members and Nontribal Mountain Apache lands under this period. They propose a daily bag limit Hunters) of 15 snow geese. proposal. A number of special For woodcock, the Tribe proposes a The White Mountain Apache Tribe regulations apply to tribal and nontribal season between October 18 and owns all reservation lands, and the hunters, which may be obtained from Tribe has recognized full wildlife November 29, 2003, with a daily bag the White Mountain Apache Tribe Game management authority. The White limit of three. and Fish Department. Mountain Apache Tribe has requested The Tribe currently has 22 registered We propose to approve the regulations that are essentially tribal hunters and estimates harvest to regulations requested by the Tribe for unchanged from those agreed to since be no more than 40 geese, 50 mallards, the 2003–04 season. the 1997–98 hunting year. 50 teal, 50 black ducks, and 50 of all The hunting zone for waterfowl is (bb) Yankton Sioux Tribe, Marty, South other species combined. Tribal members restricted and is described as: the length Dakota (Tribal Members and Nontribal hunting on the Reservation will observe of the Black River west of the Bonito Hunters) all basic Federal migratory bird hunting Creek and Black River confluence and On May 28, 2003, the Yankton Sioux regulations found in 50 CFR part 20. the entire length of the Salt River Tribe submitted a waterfowl hunting Hunters will be required to register with forming the southern boundary of the proposal for the 2003–04 season. The the HIP program. reservation; the White River, extending Yankton Sioux tribal waterfowl hunting The Service proposes to approve the from the Canyon Day Stockman Station season would be open to both tribal request for special migratory bird to the Salt River; and all stock ponds members and nontribal hunters. The hunting regulations for the Wampanoag located within Wildlife Management waterfowl hunting regulations would Tribe of Gay Head. Units 4, 5, 6, and 7. Tanks located below apply to tribal and trust lands within (z) White Earth Band of Ojibwe, White the Mogollon Rim, within Wildlife the external boundaries of the Earth, Minnesota (Tribal Members Only) Management Units 2 and 3 will be open reservation. to waterfowl hunting during the 2003– For ducks (including mergansers) and The White Earth Band of Ojibwe is a 04 season. The length of the Black River coots, the Yankton Sioux Tribe proposes federally-recognized tribe located in east of the Black River/Bonito Creek a season starting October 9, 2003, and northwest Minnesota and encompasses confluence is closed to waterfowl running for the maximum amount of all of Mahnomen County and parts of hunting. All other waters of the days allowed under the final Federal Becker and Clearwater Counties. The reservation would be closed to frameworks. The Tribe indicated that if reservation employs conservation waterfowl hunting for the 2003–04 the Service decided to close the officers to enforce migratory bird season. canvasback season, the Tribe would regulations. The Tribe and the Service For nontribal and tribal hunters, the close theirs. Daily bag and possession first cooperated to establish special Tribe proposes a continuous duck, coot, limits would be 6 ducks, which may tribal regulations in 1999. merganser, gallinule, and moorhen include no more than 5 mallards (no For the 2003–04 migratory bird hunting season, with an opening date of more than 2 hens), 1 canvasback (if hunting season, the White Earth Band of October 11, 2003, and a closing date of open), 2 redheads, 3 scaup, 1 pintail, or Ojibwe request a duck and merganser January 25, 2004. The Tribe proposes a 2 wood ducks. The bag limit for season to start September 13 and end separate pintail season, with an opening mergansers is 5, which would include December 14, 2003. For ducks, they date of October 11, 2003, and a closing no more than 1 hooded merganser. The request a daily bag limit of 10 including date of December 10, 2003. The season coot daily bag limit is 15. no more than 2 mallards and 2 on canvasback is closed. The Tribe For geese, the Tribe has requested a canvasback. The merganser daily bag proposes a daily duck (including dark geese (Canada geese, brant, white- limit would be 5 with no more than 2 mergansers) bag limit of seven, which fronts) season starting October 29, 2003, hooded mergansers. For geese, the Tribe may include no more than two and closing January 31, 2004. The daily proposes a September 1 to December 14, redheads, one pintail (when open), and bag limit would be three geese 2003, season with a daily bag limit of seven mallards (including no more than (including no more than one whitefront five geese. two hen mallards). The daily bag limit or brant). Possession limits would be For coots, dove, rail, woodcock, and for coots, gallinules, and moorhens twice the daily bag limit. snipe, the Tribe proposes a September 7 would be 25, singly or in the aggregate. For white geese, the proposed hunting to December 31, 2003, season with daily For geese, the Tribe is proposing a season would start October 29, 2003, bag limits of 20 coots, 25 doves, 25 rails, season from October 11, 2003, through and run for the maximum amount of 10 woodcock, and 10 snipe. Shooting January 25, 2004. Hunting would be days allowed under the final Federal hours are one-half hour before sunrise to limited to Canada geese, and the daily frameworks. Daily bag and possession one-half hour after sunset. Nontoxic bag limit would be three. limits would be the maximum as those shot is required. Season dates for band-tailed pigeons allowed under Federal frameworks. Based on past harvest surveys, the and mourning doves would run All hunters would have to be in Tribe anticipates harvest of 1,000 to concurrently from September 3 through possession of a valid tribal license while 2,000 Canada geese and 1,000 to 1,500 September 17, 2003, in Wildlife hunting on Yankton Sioux trust lands. ducks. The White Earth Reservation Management Unit 10 and all areas south Tribal and nontribal hunters must Tribal Council employs four full-time of Y–70 in Wildlife Management Unit 7, comply with all basic Federal migratory

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bird hunting regulations in 50 CFR part Our practice is to make comments, and is consistent with conservation 20 pertaining to shooting hours and the including names and addresses of programs for those species. manner of taking. Special regulations respondents, available for public review Consultations under Section 7 of this established by the Yankton Sioux Tribe during regular business hours. Act may cause us to change proposals also apply on the reservation. Individual respondents may request that in this and future supplemental During the 2002–03 hunting season, we withhold their home address from proposed rulemaking documents. the Tribe reported that 65 nontribal the rulemaking record, which we will hunters took 350 Canada geese, 25 light honor to the extent allowable by law. In Executive Order 12866 geese, and 75 ducks. One hundred and some circumstances, we would This rule is economically significant twenty-two tribal members harvested withhold from the rulemaking record a and was reviewed by the Office of less than 50 geese and 50 ducks. respondent’s identity, as allowable by Management and Budget (OMB) under We concur with the Yankton Sioux law. If you wish for us to withhold your Executive Order 12866. The migratory proposal for the 2003–04 hunting name and/or address, you must state bird hunting regulations are season. this prominently at the beginning of economically significant and are Public Comment Invited your comment. However, we will not annually reviewed by OMB under consider anonymous comments. We Executive Order 12866. As such, a cost/ We intend that adopted final rules be will make all submissions from benefit analysis was prepared in 1998 as responsive as possible to all organizations or businesses, and from and is further discussed below under concerned interests and, therefore, individuals identifying themselves as the heading Regulatory Flexibility Act. desire to obtain the comments and representatives or officials of Copies of the cost/benefit analysis are suggestions of the public, other organizations or businesses, available available upon request from the address governmental agencies, for public inspection in their entirety. indicated under the caption ADDRESSES. nongovernmental organizations, and For each series of proposed Executive Order 12866 requires each other private interests on these rulemakings, we will establish specific agency to write regulations that are easy proposals. However, special comment periods. We will consider, but to understand. We invite comments on circumstances are involved in the possibly may not respond in detail to, how to make this rule easier to establishment of these regulations, each comment. As in the past, we will understand, including answers to which limit the amount of time that we summarize all comments received questions such as the following: can allow for public comment. during the comment period and respond (1) Are the requirements in the rule Specifically, two considerations to them after the closing date in the final clearly stated? compress the time in which the rules. (2) Does the rule contain technical rulemaking process must operate: (1) language or jargon that interferes with NEPA Consideration The need to establish final rules at a its clarity? point early enough in the summer to NEPA considerations are covered by (3) Does the format of the rule allow affected State agencies to adjust the programmatic document, ‘‘Final (grouping and order of sections, use of appropriately their licensing and Supplemental Environmental Impact headings, paragraphing, etc.) aid or regulatory mechanisms; and (2) the Statement: Issuance of Annual reduce its clarity? unavailability, before mid-June, of Regulations Permitting the Sport (4) Would the rule be easier to specific, reliable data on this year’s Hunting of Migratory Birds (FSES 88– understand if it were divided into more status of some waterfowl and migratory 14),’’ filed with the Environmental (but shorter) sections? shore and upland game bird Protection Agency on June 9, 1988. We (5) Is the description of the rule in the populations. Therefore, we believe that published notice of availability in the ‘‘Supplementary Information’’ section of to allow the comment period past the Federal Register on June 16, 1988 (53 the preamble helpful in understanding date specified in DATES is contrary to the FR 22582). We published our Record of the rule? public interest. Decision on August 18, 1988 (53 FR (6) What else could we do to make the The Department of the Interior’s 31341). In addition, an August 1985 rule easier to understand? policy is, whenever practicable, to environmental assessment entitled Send a copy of any comments that afford the public an opportunity to ‘‘Guidelines for Migratory Bird Hunting concern how we could make this rule participate in the rulemaking process. Regulations on Federal Indian easier to understand to: Office of the Accordingly, we invite interested Reservations and Ceded Lands’’ is Executive Secretariat and Regulatory persons to submit written comments, available from the address indicated Affairs, Department of the Interior, suggestions, or recommendations under the caption ADDRESSES. Room 7229, 1849 C Street NW, regarding the proposed regulations. In a proposed rule published in the Washington, DC 20240. You may also e- Before promulgation of final migratory April 30, 2001, Federal Register (66 FR mail comments to this address: game bird hunting regulations, we will 21298), we expressed our intent to begin [email protected]. take into consideration all comments the process of developing a new EIS for Regulatory Flexibility Act received. Such comments, and any the migratory bird hunting program. additional information received, may These regulations have a significant lead to final regulations that differ from Endangered Species Act Consideration economic impact on substantial these proposals. We invite interested Prior to issuance of the 2003–04 numbers of small entities under the persons to participate in this rulemaking migratory game bird hunting Regulatory Flexibility Act (5 U.S.C. 601 by submitting written comments to the regulations, we will consider provisions et seq.). We analyzed the economic address indicated under the caption of the Endangered Species Act of 1973, impacts of the annual hunting ADDRESSES. You may inspect comments as amended, (16 U.S.C. 1531–1543; regulations on small business entities in received on the proposed annual hereinafter the Act) to ensure that detail and issued a Small Entity regulations during normal business hunting is not likely to jeopardize the Flexibility Analysis (Analysis) in 2003. hours at the Service’s office in room continued existence of any species The Analysis documented the 4107, 4501 North Fairfax Drive, designated as endangered or threatened significant beneficial economic effect on Arlington, Virginia. or modify or destroy its critical habitat a substantial number of small entities.

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The primary source of information will not impose a cost of $100 million in the development of frameworks from about hunter expenditures for migratory or more in any given year on local or which they will make selections, game bird hunting is the National State government or private entities. thereby having an influence on their Hunting and Fishing Survey, which is Therefore, this rule is not a ‘‘significant own regulations. These rules do not conducted at 5-year intervals. The regulatory action’’ under the Unfunded have a substantial direct effect on fiscal Analysis was based on the 2001 Mandates Reform Act. capacity, change the roles or National Hunting and Fishing Survey responsibilities of Federal or State Civil Justice Reform—Executive Order and the U.S. Department of Commerce’s governments, or intrude on State policy County Business Patterns, from which it 12988 or administration. Therefore, in was estimated that migratory bird The Department, in promulgating this accordance with Executive Order 13132, hunters would spend between $470 proposed rule, has determined that this these regulations do not have significant million and $1.2 billion at small rule will not unduly burden the judicial federalism effects and do not have businesses in 2003. Copies of the system and meets the requirements of sufficient federalism implications to Analysis are available upon request sections 3(a) and 3(b)(2) of Executive warrant the preparation of a Federalism from the address indicated under the Order 12988. Assessment. caption ADDRESSES. Takings Implication Assessment Government-to-Government Small Business Regulatory Enforcement In accordance with Executive Order Relationship With Tribes Fairness Act 12630, this proposed rule, authorized by Due to the migratory nature of certain This rule is a major rule under 5 the Migratory Bird Treaty Act, does not species of birds, the Federal U.S.C. 804(2), the Small Business have significant takings implications Government has been given Regulatory Enforcement Fairness Act. and does not affect any constitutionally responsibility over these species by the For the reasons outlined above, this rule protected property rights. This rule will Migratory Bird Treaty Act. Thus, in has an annual effect on the economy of not result in the physical occupancy of accordance with the President’s $100 million or more. However, because property, the physical invasion of memorandum of April 29, 1994, this rule establishes hunting seasons, we property, or the regulatory taking of any ‘‘Government-to-Government Relations do not plan to defer the effective date property. In fact, these rules allow with Native American Tribal required by 5 U.S.C. 801 under the hunters to exercise otherwise Governments’’ (59 FR 22951), Executive exemption contained in 5 U.S.C. 808 (1). unavailable privileges and, therefore, Order 13175, and 512 DM 2, we have reduce restrictions on the use of private evaluated possible effects on Federally Paperwork Reduction Act and public property. recognized Indian tribes and have We examined these regulations under determined that there are no effects on the Paperwork Reduction Act of 1995. Energy Effects—Executive Order 13211 Indian trust resources. However, by The various recordkeeping and On May 18, 2001, the President issued virtue of the tribal proposals contained reporting requirements imposed under Executive Order 13211 on regulations in this proposed rule, we have regulations established in 50 CFR part that significantly affect energy supply, consulted with all the tribes affected by 20, Subpart K, are utilized in the distribution, and use. Executive Order this rule. formulation of migratory game bird 13211 requires agencies to prepare hunting regulations. Specifically, OMB Statements of Energy Effects when List of Subjects in 50 CFR Part 20 has approved the information collection undertaking certain actions. While this Exports, Hunting, Imports, Reporting requirements of the Migratory Bird proposed rule is a significant regulatory and recordkeeping requirements, Harvest Information Program and action under Executive Order 12866, it Transportation, Wildlife. assigned clearance number 1018–0015 is not expected to adversely affect Based on the results of soon-to-be- (expires 10/31/2004). This information energy supplies, distribution, or use. completed migratory game bird studies, is used to provide a sampling frame for Therefore, this action is not a significant and having due consideration for any voluntary national surveys to improve energy action and no Statement of data or views submitted by interested our harvest estimates for all migratory Energy Effects is required. parties, this proposed rulemaking may game birds in order to better manage result in the adoption of special hunting Federalism Effects these populations. OMB has also regulations for migratory birds approved the information collection Due to the migratory nature of certain beginning as early as September 1, 2003, requirements of the Sandhill Crane species of birds, the Federal on certain Federal Indian reservations, Harvest Questionnaire and assigned Government has been given off-reservation trust lands, and ceded clearance number 1018–0023 (expires responsibility over these species by the lands. Taking into account both 07/31/2003). The information from this Migratory Bird Treaty Act. We annually reserved hunting rights and the degree survey is used to estimate the prescribe frameworks from which the to which tribes have full wildlife magnitude and the geographical and States make selections regarding the management authority, the regulations temporal distribution of the harvest, and hunting of migratory birds, and we only for tribal members or for both tribal the portion it constitutes of the total employ guidelines to establish special and nontribal members may differ from population. A Federal agency may not regulations on Federal Indian those established by States in which the conduct or sponsor, and a person is not reservations and ceded lands. This reservations, off-reservation trust lands, required to respond to, a collection of process preserves the ability of the and ceded lands are located. The information unless it displays a States and tribes to determine which regulations will specify open seasons, currently valid OMB control number. seasons meet their individual needs. shooting hours, and bag and possession Any State or tribe may be more limits for rails, coot, gallinules Unfunded Mandates Reform Act restrictive than the Federal frameworks (including moorhen), woodcock, We have determined and certify, in at any time. The frameworks are common snipe, band-tailed pigeons, compliance with the requirements of the developed in a cooperative process with mourning doves, white-winged doves, Unfunded Mandates Reform Act, 2 the States and the Flyway Councils. ducks (including mergansers), and U.S.C. 1502 et seq., that this rulemaking This process allows States to participate geese.

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The rules that eventually will be zones of temperature and for the sold, purchased, shipped, carried, promulgated for the 2003–04 hunting distribution, abundance, economic exported, or transported. season are authorized under the value, breeding habits, and times and Dated: July 30, 2003. Migratory Bird Treaty Act (MBTA) of lines of flight of migratory game birds, Craig Manson, July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 to determine when, to what extent, and Assistant Secretary for Fish and Wildlife and et seq.), as amended. The MBTA by what means such birds or any part, Parks. authorizes and directs the Secretary of nest, or egg thereof may be taken, [FR Doc. 03–20290 Filed 8–7–03; 8:45 am] the Interior, having due regard for the hunted, captured, killed, possessed, BILLING CODE 4310–55–P

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Reader Aids Federal Register Vol. 68, No. 153 Friday, August 8, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. 9038...... 47386 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Executive Orders: 12 CFR The United States Government Manual 741–6000 12722 (See: Notice of 701...... 46439 July 31, 2003) ...... 45739 Proposed Rules: Other Services 12724 (See: Notice of 3...... 45900 Electronic and on-line services (voice) 741–6020 July 31, 2003) ...... 45739 7...... 46119 Privacy Act Compilation 741–6064 13290 (See: Notice of 34...... 46119 July 31, 2003) ...... 45739 Public Laws Update Service (numbers, dates, etc.) 741–6043 208...... 45900 13313...... 46073 TTY for the deaf-and-hard-of-hearing 741–6086 225...... 45900 Administrative Orders: 325...... 45900 Notice of July 31, 567...... 45900 ELECTRONIC RESEARCH 2003) ...... 45739 World Wide Web 14 CFR 7 CFR 25...... 46428, 47202 Full text of the daily Federal Register, CFR and other publications 51...... 46433 is located at: http://www.access.gpo.gov/nara 39 ...... 46441, 46443, 46444, 250...... 46434 47202, 47204, 47207, 47208, Federal Register information and research tools, including Public 340...... 46434 47211, 47213, 47216, 47218 Inspection List, indexes, and links to GPO Access are located at: 993...... 46436 Proposed Rules: http://www.archives.gov/federallregister/ 996...... 46919 21...... 46283 1778...... 46077 E-mail 39 ...... 45176, 45177, 46514, 1794...... 45157 47267 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 61...... 46283 an open e-mail service that provides subscribers with a digital 52...... 46504 65...... 46283 form of the Federal Register Table of Contents. The digital form 331...... 45787 77...... 46283 of the Federal Register Table of Contents includes HTML and 983...... 45990 91...... 47269 PDF links to the full text of each document. 1124...... 46505 107...... 46283 To join or leave, go to http://listserv.access.gpo.gov and select 1131...... 46505 109...... 46283 Online mailing list archives, FEDREGTOC-L, Join or leave the list 1778...... 46119 121...... 46283, 47269 (or change settings); then follow the instructions. 4279...... 46509 135...... 46283, 47269 PENS (Public Law Electronic Notification Service) is an e-mail 8 CFR 145...... 46283 154...... 46283 service that notifies subscribers of recently enacted laws. 204...... 46925 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 212...... 46926 15 CFR and select Join or leave the list (or change settings); then follow 214...... 46926 911...... 45160 the instructions. 231...... 46926 233...... 46926 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 303...... 45177 respond to specific inquiries. 9 CFR 17 CFR Reference questions. Send questions and comments about the 77...... 47201 Federal Register system to: [email protected] 82...... 45741 4...... 47221 The Federal Register staff cannot interpret specific documents or 30...... 46446 regulations. 10 CFR 240...... 46446 140...... 46929 Proposed Rules: 1...... 46516 FEDERAL REGISTER PAGES AND DATE, AUGUST Proposed Rules: 30...... 45172 18 CFR 45157–45740...... 1 170...... 46439 1304...... 46930 45741–46072...... 4 171...... 46439 Proposed Rules: 46073–46432...... 5 11 CFR 2...... 46452 46433–46918...... 6 104...... 47386 284...... 48133 46919–47200...... 7 107...... 47386 388...... 46456 47201–47440...... 8 110...... 47386 20 CFR 9001...... 47386 9003...... 47386 218...... 45315 9004...... 47386 225...... 45315 9008...... 47386 Proposed Rules: 9031...... 47386 404...... 45180 9032...... 47386 416...... 45180 9033...... 47386 9034...... 47386 21 CFR 9035...... 47386 172...... 46364, 46403 9036...... 47386 558...... 47237

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Proposed Rules: 592...... 45777 27...... 45788 1807...... 45168 310...... 48133 51...... 46436 1811...... 45168 334...... 48133 32 CFR 52 ...... 46141, 46437, 47279 1814...... 45168 510...... 47272 21...... 47150 63...... 46142 1815...... 45168 558...... 47272 22...... 47150 70...... 46438 1817...... 45168 32...... 47150 271...... 45192 1819...... 45168 22 CFR 34...... 47150 1825...... 45168 41 CFR 41...... 46948 37...... 47150 1827...... 45168 Proposed Rules: 24 CFR Proposed Rules 1844...... 45168 199...... 46526 51-3...... 45195 1852...... 45168 905...... 45730 51-4...... 45195 1872...... 45168 Proposed Rules: 33 CFR 960...... 45734 100...... 46087, 47237 42 CFR 117...... 45784 409...... 46036 49 CFR 25 CFR 165 ...... 45164, 45165, 47237, 411...... 46036 191...... 46109 Proposed Rules: 47239, 47241, 47243, 47245 412...... 45346, 45674 192...... 46109 Ch. 1 ...... 45787 Proposed Rules: 413...... 45346, 46036 195...... 46109 110...... 45190 440...... 46036 Proposed Rules: 26 CFR 117...... 46139 483...... 46036 571...... 46539, 46546 1 ...... 45745, 45772, 46081 165...... 46984, 47277 488...... 46036 585...... 46546 301...... 46081 489...... 46036 586...... 46546 602...... 46081 36 CFR 589...... 46546 46 CFR Proposed Rules: 4...... 46477 590...... 46546 1...... 46983 188...... 45785 596...... 46546 1...... 46516 39 CFR 189...... 45785 Proposed Rules: 50 CFR 28 CFR 111...... 45192 47 CFR Proposed Rules 2...... 46957 17...... 46684, 46870 522...... 46138 40 CFR 13...... 46957 300...... 47256 52 ...... 45897, 46089, 46099, 54...... 47253 635...... 45169 29 CFR 46101, 46479, 46484, 46487 69...... 46500 660...... 46112 697...... 46949 60...... 46489 80...... 46957 648...... 47264 Proposed Rules 63...... 46102 73 ...... 45786, 46286, 46502, 679 ...... 45170, 45766, 46116, Ch. X...... 46983 70...... 46489 47255, 47256 46117, 46502, 47265, 47266 71...... 45167 Proposed Rules: Proposed Rules: 30 CFR 180...... 46491, 47246 73 ...... 46359, 47282, 47283, 15...... 46559 926...... 46460 261...... 46951 47284, 47285 17...... 46143, 46989 Proposed Rules: 20...... 47424 31 CFR Ch. 1 ...... 46435 48 CFR 600...... 45196 591...... 45777 19...... 45788 1806...... 45168 635...... 45196

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REMINDERS hospital prospective AGRICULTURE Value-added producer The items in this list were payment systems; DEPARTMENT grants and agricultural editorially compiled as an aid published 6-9-03 Forest Service innovation centers; to Federal Register users. HEALTH AND HUMAN National Forest System land comments due by 8-12- Inclusion or exclusion from SERVICES DEPARTMENT and resource management 03; published 6-13-03 [FR 03-14840] this list has no legal Food and Drug planning: significance. Administration Special areas— AGRICULTURE Animal drugs, feeds, and Roadless area DEPARTMENT related products: conservation; comments Rural Housing Service RULES GOING INTO Chlortetracycline, procaine due by 8-14-03; Program regulations: EFFECT AUGUST 8, 2003 penicillin, and published 7-15-03 [FR Guaranteed Rural Rental sulfamethazine; published 03-17419] Housing Program; AGRICULTURE 8-8-03 Roadless area comments due by 8-11- DEPARTMENT conservation; Tongass 03; published 6-10-03 [FR HOMELAND SECURITY National Forest, AK; Agricultural Marketing DEPARTMENT 03-14480] Service comments due by 8-14- Value-added producer Coast Guard 03; published 7-15-03 Peanuts, domestic and grants and agricultural Ports and waterways safety: [FR 03-17420] imported, marketed in innovation centers; United States; minimum Milwaukee Harbor, WI; Roadless area comments due by 8-12- quality and handling safety zone; published 8- conservation; Tongass 03; published 6-13-03 [FR standards; published 8-7-03 8-03 National Forest, AK; 03-14840] correction; comments TRANSPORTATION AGRICULTURE COMMERCE DEPARTMENT due by 8-14-03; DEPARTMENT DEPARTMENT National Oceanic and published 7-17-03 [FR Federal Aviation Atmospheric Administration C3-17420] Rural Utilities Service Administration Fishery conservation and National Forest System lands; Program regulations: management: Airworthiness standards: special uses: Value-added producer Alaska; fisheries of Transport category Cabin User Fee Fairness grants and agricultural Exclusive Economic airplanes— Act— innovation centers; Zone— Lower deck service Recreation residence lots comments due by 8-12- compartments; 03; published 6-13-03 [FR Bering Sea and Aleutian appraisal procedures correction; published 8- 03-14840] Islands pollock; and recreation 8-03 published 7-9-03 residence uses AGRICULTURE management; comments DEPARTMENT COMMODITY FUTURES due by 8-11-03; Biodiesel Fuel Education TRADING COMMISSION COMMENTS DUE NEXT WEEK published 5-13-03 [FR Program; administrative Commodity pool operators and 03-11695] provisions; comments due commodity trading advisors: Recreation residences by 8-14-03; published 7-15- Registration exemption and AGRICULTURE management and fee 03 [FR 03-17851] DEPARTMENT other regulatory relief; assessment; comments Federal assistance published 8-8-03 Agricultural Marketing due by 8-11-03; transactions; general ENVIRONMENTAL Service published 5-13-03 [FR program administration PROTECTION AGENCY Potatoes (Irish) grown in— 03-11694] regulations; comments due Air quality implementation Colorado; comments due by State and private forestry by 8-15-03; published 7-16- plans; √A√approval and 8-12-03; published 7-28- assistance: 03 [FR 03-17777] promulgation; various 03 [FR 03-19130] Forest Land Enhancement COMMERCE DEPARTMENT States; air quality planning Specified marketing orders; Program; comments due National Oceanic and purposes; designation of assessment rates increase; by 8-8-03; published 6-9- Atmospheric Administration 03 [FR 03-14259] areas: comments due by 8-11-03; Endangered and threatened California; published 7-9-03 published 7-25-03 [FR 03- AGRICULTURE species: 18984] Pesticides; tolerances in food, DEPARTMENT Sea turtle conservation animal feeds, and raw AGRICULTURE Farm Service Agency requirements— agricultural commodities: DEPARTMENT Program regulations: Gulf of Mexico and 2,6-Diisopropylnaphthalene; Animal and Plant Health Value-added producer Atlantic Ocean; turtle published 8-8-03 Inspection Service grants and agricultural excluder devices; innovation centers; FEDERAL Exportation and importation of comments due by 8-14- comments due by 8-12- COMMUNICATIONS animals and animal 03; published 7-30-03 03; published 6-13-03 [FR COMMISSION products: [FR 03-19375] 03-14840] Common carrier services: Cattle from Mexico; Fishery conservation and tuberculosis testing; AGRICULTURE management: Satellite communications— comments due by 8-15- DEPARTMENT Atlantic highly migratory Fixed satellite services 03; published 6-16-03 [FR Natural Resources species— and terrestrial systems; 03-15113] Conservation Service Ku-Band frequencies Atlantic bluefin tuna; Interstate transportation of Support activities: sharing; published 6-9- comments due by 8-8- animals and animal products Technical service provider 03 03; published 7-10-03 (quarantine): assistance; comments due [FR 03-17521] HEALTH AND HUMAN Exotic Newcastle disease; by 8-8-03; published 7-9- Magnuson-Stevens Act SERVICES DEPARTMENT quarantine area 03 [FR 03-17260] provisions— Centers for Medicare & designations— AGRICULTURE Domestic fisheries; Medicaid Services New Mexico and Texas; DEPARTMENT exempted fishing Medicare and medicaid: comments due by 8-11- Rural Business-Cooperative permits; comments due Acute care hospital inpatient 03; published 6-11-03 Service by 8-12-03; published and long-term care [FR 03-14723] Program regulations: 7-28-03 [FR 03-19147]

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West Coast States and Federal-State Joint Board comments due by 8-15- etc.); comments due by Western Pacific on Universal Service— 03; published 7-16-03 [FR 8-12-03; published 6-13- fisheries— Deployment and 03-17908] 03 [FR 03-14971] Pacific mackerel; subscribership Puget Sound, WA; Retirement: comments due by 8-13- promotion in unserved protection of large Homeland Security Act of 03; published 7-29-03 and underserved areas, passenger vessels; 2002— [FR 03-19259] including tribal and security and safety zones; Voluntary early retirement; insular areas; comments CONSUMER PRODUCT comments due by 8-14- comments due by 8-12- due by 8-15-03; SAFETY COMMISSION 03; published 7-15-03 [FR 03; published 6-13-03 published 7-16-03 [FR Poison prevention packaging: 03-17723] [FR 03-14970] Child-resistant package 03-17568] HOMELAND SECURITY RAILROAD RETIREMENT requirements— Practice and procedure: DEPARTMENT BOARD Unit dose packaging; Wireless telecommunications Support Anti-Terrorism by Railroad Retirement Act: pass/fail criterion; services— Fostering Effective petition; comments due Communications facilities Technologies Act of 2002 Disability earnings by 8-15-03; published and historic properties; (SAFETY Act); determinations; comments 6-16-03 [FR 03-15064] nationwide implementation; comments due by 8-8-03; published DEFENSE DEPARTMENT programmatic due by 8-11-03; published 6-9-03 [FR 03-14273] Acquisition regulations: agreement; comments 7-11-03 [FR 03-17561] SMALL BUSINESS due by 8-8-03; Activity address codes in INTERIOR DEPARTMENT ADMINISTRATION published 7-9-03 [FR contract numbers; Fish and Wildlife Service Small business size standards: comments due by 8-11- 03-17415] Endangered and threatened Nonmanufacturer rule; 03; published 6-11-03 [FR Radio stations; table of waivers— assignments: species: 03-14782] Ammunition (except small Missouri bladderpod; ENVIRONMENTAL Pennsylvania; comments arms); comments due comments due by 8-11- PROTECTION AGENCY due by 8-14-03; published by 8-8-03; published 7- 03; published 6-10-03 [FR Air pollution control: 7-7-03 [FR 03-16962] 25-03 [FR 03-18986] HEALTH AND HUMAN 03-14355] State operating permits TRANSPORTATION SERVICES DEPARTMENT INTERIOR DEPARTMENT programs— DEPARTMENT Texas; comments due by Food and Drug Surface Mining Reclamation Federal Aviation 8-8-03; published 7-9-03 Administration and Enforcement Office Administration [FR 03-17338] Food for human consumption: Permanent program and Air carrier certification and Air quality implementation abandoned mine land Current good manufacturing operations: plans; approval and practice—— reclamation plan DOD commerical air carrier promulgation; various Dietary supplements and submissions: evaluators; credentials; States: dietary supplement Kentucky; comments due by comments due by 8-11- California; comments due by ingredients; comments 8-15-03; published 7-16- 03; published 7-10-03 [FR 8-15-03; published 7-16- due by 8-11-03; 03 [FR 03-17967] 03-17459] 03 [FR 03-17972] published 5-19-03 [FR West Virginia; comments Airworthiness directives: Georgia; comments due by 03-12366] due by 8-15-03; published 8-8-03; published 7-9-03 HOMELAND SECURITY 7-31-03 [FR 03-19436] Bombardier; comments due [FR 03-17204] DEPARTMENT by 8-8-03; published 7-9- Maryland; comments due by JUSTICE DEPARTMENT 03 [FR 03-17319] Coast Guard 8-8-03; published 7-9-03 Prisons Bureau Cessna; comments due by Drawbridge operations: [FR 03-17340] Inmate control, custody, care, 8-8-03; published 5-15-03 New York; comments due New Jersey; comments due etc.: [FR 03-12113] by 8-15-03; published 7- by 8-11-03; published 6- Release transportation 11-03 [FR 03-14799] Dornier; comments due by 16-03 [FR 03-18003] regulations; clarification; 8-8-03; published 7-9-03 Texas; comments due by 8- Navigation aids: comments due by 8-8-03; [FR 03-17314] 8-03; published 7-9-03 Technical information published 6-9-03 [FR 03- Empresa Brasileira de [FR 03-17339] affecting buoys, sound 14380] Aeronautica, S.A. signals, international rules Pesticides; tolerances in food, NUCLEAR REGULATORY (EMBRAER); comments at sea, communications animal feeds, and raw COMMISSION due by 8-15-03; published agricultural commodities: procedures, and large Radioactive material; 7-16-03 [FR 03-17951] Methoprene; comments due navigational buoys; packaging and Eurocopter France; by 8-11-03; published 6- revision; comments due transportation: comments due by 8-11- 11-03 [FR 03-14330] by 8-12-03; published 5- Safe transportation 03; published 6-11-03 [FR Water pollution control: 14-03 [FR 03-11987] regulations; public 03-14135] Pollutants analysis test Correction; comments due meeting; comments due New Piper Aircraft, Inc.; procedures; guidelines— by 8-12-03; published 5-22-03 [FR C3-11987] by 8-8-03; published 6-26- comments due by 8-11- Detection and quantitation 03 [FR 03-16175] Ports and waterways safety: 03; published 6-3-03 [FR procedures; and 03-13792] detection and Arthur Kill, NJ and NY; PERSONNEL MANAGEMENT quantitation concepts regulated navigation area; OFFICE New Piper Aircraft, Inc.; assessment; technical comments due by 8-15- Employment: correction; comments due by 8-8-03; published 7-21- support document; 03; published 7-16-03 [FR Homeland Security Act of 03 [FR C3-13650] comments due by 8-15- 03-17906] 2002; implementation— Piper Aircraft, Inc.; 03; published 7-16-03 Beverly Harbor, MA; safety Severe shortage of comments due by 8-8-03; [FR 03-17875] zone; comments due by candidates and critical published 6-4-03 [FR 03- FEDERAL 8-8-03; published 7-9-03 hiring needs; 13650] COMMUNICATIONS [FR 03-17367] Governmentwide human COMMISSION Cuyahoga River, Cleveland, resources flexibilities Airworthiness standards: Common carrier services: OH; safety zone; (direct-hire authority, Special conditions—

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CenTex Aerospace, Inc.; up to 65 pounds; 03; published 6-9-03 [FR Management Unit, Nevada, to Raytheon/Beech Model comments due by 8-8- 03-13581] the Secretary of the Interior, 58 airplane; comments 03; published 6-24-03 in trust for the Washoe Indian due by 8-8-03; [FR 03-14425] Tribe of Nevada and LIST OF PUBLIC LAWS published 7-9-03 [FR Child restraint systems— California. (Aug. 1, 2003; 117 03-17249] Stat. 880) Child restraint anchorage This is a continuing list of Class D airspace; comments systems; comments due public bills from the current S. 1280/P.L. 108–68 due by 8-15-03; published by 8-11-03; published session of Congress which 6-20-03 [FR 03-15676] 6-27-03 [FR 03-15953] have become Federal laws. It To amend the PROTECT Act Class E airspace; comments Tire safety information; may be used in conjunction to clarify certain volunteer due by 8-15-03; published correction; comments due with ‘‘PLUS’’ (Public Laws liability. (Aug. 1, 2003; 117 6-20-03 [FR 03-15677] by 8-11-03; published 6- Update Service) on 202–741– Stat. 883) 26-03 [FR 03-15875] TRANSPORTATION 6043. This list is also Last List August 1, 2003 DEPARTMENT Tires; performance available online at http:// Federal Motor Carrier Safety requirements; comments www.nara.gov/fedreg/ Administration due by 8-11-03; published plawcurr.html. 6-26-03 [FR 03-15874] Motor carrier safety standards: The text of laws is not Public Laws Electronic Household goods TRANSPORTATION published in the Federal Notification Service transportation; consumer DEPARTMENT Register but may be ordered (PENS) protection regulations; Research and Special in ‘‘slip law’’ (individual comments due by 8-11- Programs Administration pamphlet) form from the 03; published 6-11-03 [FR Hazardous materials: Superintendent of Documents, 03-14439] Hazard communication U.S. Government Printing PENS is a free electronic mail notification service of newly TRANSPORTATION requirements changes; Office, Washington, DC 20402 enacted public laws. To DEPARTMENT labels and placards (phone, 202–512–1808). The subscribe, go to http:// National Highway Traffic specifications for materials text will also be made poisonous by inhalation; available on the Internet from listserv.gsa.gov/archives/ Safety Administration publaws-l.html Motor vehicle safety revisions; comments due GPO Access at http:// standards: by 8-11-03; published 6- www.access.gpo.gov/nara/ 11-03 [FR 03-14583] nara005.html. Some laws may Note: This service is strictly Child restraint systems—- not yet be available. for E-mail notification of new Improved test dummies, TREASURY DEPARTMENT laws. The text of laws is not updated test Internal Revenue Service H.R. 74/P.L. 108–67 available through this service. procedures, and Income taxes, etc: To direct the Secretary of PENS cannot respond to extended child restraints Statutory stock options; Agriculture to convey certain specific inquiries sent to this standards for children comments due by 8-12- land in the Lake Tahoe Basin address.

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