4–18–02 Thursday Vol. 67 No. 75 April 18, 2002 Pages 19101–19318
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1 II Federal Register / Vol. 67, No. 75 / Thursday, April 18, 2002
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2 III
Contents Federal Register Vol. 67, No. 75
Thursday, April 18, 2002
Agriculture Department See Army Department See Farm Service Agency PROPOSED RULES See Rural Business-Cooperative Service Civilian health and medical program of uniformed services See Rural Housing Service (CHAMPUS): See Rural Utilities Service TRICARE program— Deductibles waiver and prime enrollment period Air Force Department clarification, 19141–19142 NOTICES Global Positioning Systems: Education Department Navstar GPS Space Segment/Navigation User Interface; NOTICES control document changes for L5 Civil Signal; Agency information collection activities: comment request, 19167–19168 Proposed collection; comment request, 19168–19169 19169 Antitrust Division NOTICES Energy Department National cooperative research notifications: See Federal Energy Regulatory Commission Advanced Lead-Acid Battery Consortium, 19252 NOTICES Industry Interactive Procurement System (IIPS); Aerospace Vehicle Systems Institute Cooperative, 19252– implementation, 19170 19253 Meetings: J Consortium, Inc., 19253 Environmental Management Site-Specific Advisory Petrotechnical Open Software Corp., 19253 Board— Army Department Oak Ridge Reservation, TN, 19169–19170 NOTICES Environmental Protection Agency Meetings: RULES Science Board, 19168 19168 19168 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Centers for Disease Control and Prevention Fenhexamid, 19114–19120 NOTICES Fluazinam, 19120–19130 Agency information collection activities: Superfund program: Proposed collection; comment request, 19188–19189 National oil and hazardous substances contingency 19189–19190 plan— Submission for OMB review; comment request, 19187 National priorities list update, 19130–19131 19187–19188 19188 PROPOSED RULES Committees; establishment, renewal, termination, etc.: Air quality implementation plans; approval and HIV and STD Prevention Advisory Committee, 19190 promulgation; various States: Meetings: Arizona, 19148–19151 Fetal Alcohol Syndrome and Fetal Alcohol Effect NOTICES National Task Force, 19190 Air pollution control: State operating permits programs— Centers for Medicare & Medicaid Services Ohio, 19175–19177 See Inspector General Office, Health and Human Services Pesticide, food, and feed additive petitions: Department Safe Materials, Inc., 19180–19184 Pesticide registration, cancellation, etc.: Coast Guard Exit Holdings L.L.C., 19177–19178 RULES Propargite, 19178–19180 Drawbridge operations: Louisiana, 19113 19113–19114 Executive Office of the President PROPOSED RULES See Trade Representative, Office of United States Ports and waterways safety: Milwaukee Captain of Port Zone, Lake Michigan, WI; Farm Service Agency security zones, 19142–19144 RULES Milwaukee Captain of Port Zone, WI; safety zones, Program regulations: 19144–19148 Servicing and collections— Intermediary Relending Program and Rural Commerce Department Development Loan Fund Program; field visits, See International Trade Administration 19101 See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Defense Department Airworthiness directives: See Air Force Department Boeing, 19104–19107
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Bombardier, 19101–19104 Environmental statements; availability, etc.: Class E airspace, 19108–19109 19107–19108 Incidental take permits— PROPOSED RULES Baldwin County, AL; Alabama beach mouse, etc.; Airworthiness directives: correction, 19207 Dornier, 19132–19134 Meetings: Rolls-Royce plc, 19134–19135 Endangered species of Wild Fauna and Flora Class E airspace, 19135–19136 International Trade Convention; public meeting NOTICES reminder, 19207–19235 Advisory circulars; availability, etc.: Normal, utility, acrobatic, and commuter category Health and Human Services Department airplanes— See Centers for Disease Control and Prevention Flight test guide for certification, 19309–19310 See Inspector General Office, Health and Human Services Meetings: Department RTCA, Inc., 19310 19310 19310–19311 See National Institutes of Health Passenger facility charges; applications, etc.: Lambert-St. Louis International Airport, MO, 19311 Housing and Urban Development Department NOTICES Federal Communications Commission Agency information collection activities: Proposed collection; comment request, 19205 PROPOSED RULES Digital television stations; table of assignments: Immigration and Naturalization Service Alabama, 19151–19152 NOTICES Radio stations; table of assignments: Agency information collection activities: New York and Pennsylvania, 19152 Proposed collection; comment request, 19253–19254 19254 Federal Election Commission Submission for OMB review; comment request, 19254– NOTICES 19255 Meetings; Sunshine Act, 19185 Inspector General Office, Health and Human Services Federal Energy Regulatory Commission Department NOTICES PROPOSED RULES Natural Gas Policy Act: Program exclusions; list, 19190–19193 Upstream interstate pipelines; firm capacity assignment, Interior Department 19136–19138 See Fish and Wildlife Service NOTICES See Land Management Bureau Electric rate and corporate regulation filings: See Minerals Management Service NRG Rockford Equipment II LLC et al., 19172–19174 Environmental statements; availability, etc.: International Trade Administration PacifiCorp, 19174 NOTICES Meetings: Antidumping: Standard market design; data and software standards, Cold-rolled carbon steel flat products from— 19174 Various countries, 19157–19159 Applications, hearings, determinations, etc.: Petroleum wax candles from— Egan Hub Partners, L.P., 19170–19171 China, 19159–19160 19160 Kinder Morgan Interstate Gas Transmission LLC, 19171 Northern Natural Gas Co., 19171–19172 Justice Department See Antitrust Division Federal Maritime Commission See Immigration and Naturalization Service NOTICES NOTICES Agreements filed, etc., 19185 Pollution control; consent judgments: Investigations, hearings, petitions, etc.: American Scrap Co. et al., 19235–19236 Hudson Express Lines, 19185–19186 Cooley, Inc., 19236 Ocean transportation intermediary licenses: Rouge Steel Co., 19236–19237 AJ International Shipping/Shipping, Inc., 19186 Royal Recovery Systems, Inc., et al., 19237 Indo-China Express, Inc., et al., 19186 Reports and guidance documents; availability, etc.: Liberty Maritime et al., 19186 National origin discrimination as it affects limited English proficient persons; prohibition; policy Federal Railroad Administration guidance to Federal financial assistance recipients, 19237–19252 NOTICES Exemption petitions, etc.: Labor Department Metro-North Commuter Railroad et al., 19311–19312 See Mine Safety and Health Administration National Railroad Passenger Corp. (Amtrak), 19312 See Occupational Safety and Health Administration NOTICES Fish and Wildlife Service Grants and cooperative agreements; availability, etc.: NOTICES Child Labor Education Initiative, 19273 19273–19284 Endangered and threatened species and marine mammal Combating child trafficking through education in— permit applications, 19205–19206 19206–19207 Togo, 19255–19273
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Land Management Bureau NOTICES NOTICES Environmental statements; availability, etc.: Environmental statements; availability, etc.: Fisheries research strategic plan (2001), 19164 Powder River Basin Oil and Gas Project, WY, 19235 Meetings: Pacific Fishery Management Council, 19165 Minerals Management Service Western Pacific Fishery Management Council, 19165 RULES Permits: Technical amendments, 19109–19113 Endangered and threatened species, 19165–19166 19166– 19167 Mine Safety and Health Administration Marine mammals, 19167 19167 PROPOSED RULES Coal mine and metal and nonmetal mine safety and health: Nuclear Regulatory Commission Asbestos exposure; measuring and controlling; public NOTICES meetings, 19140–19141 Agency information collection activities: NOTICES Proposed collection; comment request, 19286–19287 Safety standard petitions: 19287 Consolidation Coal Co. et al., 19284–19286
National Institute of Standards and Technology Occupational Safety and Health Administration NOTICES NOTICES Meetings: Agency information collection activities: Advanced Technology Program, 19160–19164 Proposed collection; comment request; correction, 19317
National Institutes of Health Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Agency information collection activities: Submission for OMB review; comment request, 19193– Personnel Management Office 19194 NOTICES Meetings: Agency information collection activities: AIDS Research Office Advisory Council, 19203 19203– Submission for OMB review; comment request, 19287 19204 National Center for Complementary and Alternative Medicine, 19195 19195 Public Health Service National Center for Research Resources, 19195–19196 See Centers for Disease Control and Prevention 19196 See National Institutes of Health National Eye Institute, 19196–19197 National Heart, Lung, and Blood Institute, 19197 19197 Research and Special Programs Administration 19197 NOTICES National Institute of Arthritis and Musculoskeletal and Agency information collection activities: Skin Diseases, 19200 19200 19201 Proposed collection; comment request, 19312–19313 National Institute of Child Health and Human Hazardous materials: Development, 19203 Applications; exemptions, renewals, etc., 19313–19314 National Institute of Dental and Craniofacial Research, 19314–19315 19198 National Institute of Diabetes and Digestive and Kidney Rural Business-Cooperative Service Diseases, 19200–19201 19201 19202–19203 RULES National Institute of Environmental Health Sciences, Program regulations: 19198–19199 19199 19202 Servicing and collections— National Institute of Mental Health, 19197–19198 Intermediary Relending Program and Rural National Institute of Neurological Disorders and Stroke, Development Loan Fund Program; field visits, 19199 19101 National Institute of Nursing Research, 19199 19199– 19200 National Institute on Alcohol Abuse and Alcoholism, Rural Housing Service 19203 RULES National Institute on Deafness and Other Communication Program regulations: Disorders, 19201 Servicing and collections— National Institute on Drug Abuse, 19201–19202 Intermediary Relending Program and Rural Scientific Review Center, 19204 19204–19205 19205 Development Loan Fund Program; field visits, 19101 National Oceanic and Atmospheric Administration PROPOSED RULES Rural Utilities Service Fishery conservation and management: RULES Gulf of Mexico stone crab, 19155–19156 Program regulations: Magnuson-Stevens Act provisions— Servicing and collections— Exempted fishing permits, 19152–19154 Intermediary Relending Program and Rural Magnuson-Stevens Act provisions— Development Loan Fund Program; field visits, Domestic fishing; general provisions, 19154–19155 19101
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Securities and Exchange Commission Surface Transportation Board NOTICES NOTICES Self-regulatory organizations; proposed rule changes: Railroad services abandonment: Chicago Stock Exchange, Inc., 19288–19291 CSX Transportation, Inc., 19315–19316 19315 National Association of Securities Dealers, Inc., 19291– 19292 Trade Representative, Office of United States Pacific Exchange, Inc., 19292–19293 NOTICES Applications, hearings, determinations, etc.: Trade Policy Staff Committee BIOQUAL, Inc., 19288 Steel products; exclusion of particular products DRS Technologies, Inc., 19287–19288 (Presidential Proclamation 7529), 19307–19308
Small Business Administration Transportation Department PROPOSED RULES See Coast Guard Small business size standards: See Federal Aviation Administration Testing laboratories See Federal Railroad Administration Correction, 19317 See Research and Special Programs Administration See Surface Transportation Board Social Security Administration NOTICES PROPOSED RULES Agency information collection activities: Social security benefits: Proposed collection; comment request, 19309 Hematological disorders and malignant neoplastic diseases; medical criteria evaluation, 19138–19140 Veterans Affairs Department NOTICES State Department Agency information collection activities: NOTICES Submission for OMB review; comment request, 19316 Committees; establishment, renewal, termination, etc.: International Law Advisory Committee, 19293 Grants and cooperative agreements; availability, etc.: Reader Aids African workforce development, 19293–19298 Consult the Reader Aids section at the end of this issue for FREEDOM Support Educational Partnerships Program, phone numbers, online resources, finding aids, reminders, 19298–19302 and notice of recently enacted public laws. Fulbright Educational Partnerships Program, 19302– To subscribe to the Federal Register Table of Contents 19306 LISTSERV electronic mailing list, go to http:// Missile technology proliferation activities; sanctions: listserv.access.gpo.gov and select Online mailing list Pakistani Defense Ministry; waiver; correction, 19306– archives, FEDREGTOC-L, Join or leave the list (or change 19307 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 1951...... 19101 13 CFR Proposed Rules: 121...... 19317 14 CFR 39 (2 documents) ...... 19101, 19104 71 (2 documents) ...... 19107, 19108 Proposed Rules: 39 (2 documents) ...... 19132, 19134 71...... 19135 18 CFR Proposed Rules: 284...... 19136 20 CFR Proposed Rules: 404...... 19138 30 CFR 201...... 19109 206...... 19109 212...... 19109 216...... 19109 217...... 19109 218...... 19109 219...... 19109 220...... 19109 227...... 19109 228...... 19109 230...... 19109 241...... 19109 243...... 19109 Proposed Rules: 58...... 19140 72...... 19140 32 CFR Proposed Rules: 199...... 19141 33 CFR 117 (2 documents) ...... 19113 Proposed Rules: 165 (2 documents) ...... 19142, 19144 40 CFR 180 (2 documents) ...... 19114, 19120 300...... 19130 Proposed Rules: 52...... 19148 47 CFR Proposed Rules: 73 (2 documents) ...... 19151, 19152 50 CFR Proposed Rules: 600 (2 documents) ...... 19152, 19154 654...... 19155
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Rules and Regulations Federal Register Vol. 67, No. 75
Thursday, April 18, 2002
This section of the FEDERAL REGISTER Environmental Impact Statement § 1951.882 [Removed and Reserved] contains regulatory documents having general 2. Section 1951.882 is removed and applicability and legal effect, most of which This action has been reviewed in are keyed to and codified in the Code of accordance with 7 CFR part 1940, reserved. Federal Regulations, which is published under subpart G, ‘‘Environmental Program.’’ Dated: April 5, 2002. 50 titles pursuant to 44 U.S.C. 1510. The Agency has determined that this John Rosso, action does not constitute a major The Code of Federal Regulations is sold by Administrator, Rural Business-Cooperative the Superintendent of Documents. Prices of Federal action significantly affecting the Service. new books are listed in the first FEDERAL quality of the human environment, and, [FR Doc. 02–9255 Filed 4–17–02; 8:45 am] REGISTER issue of each week. in accordance with the National BILLING CODE 3410–XV–U Environmental Policy Act of 1969, Public Law 91–190, an Environmental DEPARTMENT OF AGRICULTURE Impact Statement is not required. DEPARTMENT OF TRANSPORTATION Programs Affected Rural Housing Service Federal Aviation Administration The Catalog of Federal Domestic Rural Business-Cooperative Service Assistance program impacted by this 14 CFR Part 39 action is: [Docket No. 2002–NM–35–AD; Amendment Rural Utilities Service 10.767 Intermediary Relending Program. 39–12713; AD 2002–08–05] Farm Service Agency Intergovernmental Consultation RIN 2120–AA64 This program is subject to Executive Airworthiness Directives; Bombardier 7 CFR Part 1951 Order 12372, which requires Model DHC–8–400, –401, and –402 Intermediary Relending Program and intergovernmental consultation with Series Airplanes state and local officials. Rural Development Loan Fund AGENCY: Federal Aviation Program; Field Visits Executive Order 12988 Administration, DOT. ACTION: Final rule; request for AGENCY: Rural Business-Cooperative The final rule has been reviewed comments. Service, USDA. under Executive Order 12988, ‘‘Civil Justice Reform.’’ In accordance with this ACTION: Final rule. SUMMARY: This amendment adopts a rule: (1) All state and local laws and new airworthiness directive (AD) that is regulations that are in conflict with this applicable to certain Bombardier Model SUMMARY: The Rural Business- rule be preempted, (2) no retroactive Cooperative Service (RBS) hereby DHC–8–400, –401, and –402 series effect will be given to this rule, and (3) airplanes. This action requires revising amends its regulations pertaining to administrative proceedings of the loan servicing of the Intermediary the Airplane Flight Manual to advise the National Appeals Division (7 CFR part flight crew of appropriate procedures to Relending Program (IRP) and the Rural 11) must be exhausted before bringing Development Loan Fund Program follow in the event that a main landing suit in court challenging action taken gear (MLG) fails to extend following a (RDLF). This rule removes a section, under this rule. which required field visits, under 7 CFR gear-down selection. This action also part 1951, subpart R. Its removal does Paperwork Reduction Act requires replacement of the left and not impact the public. right MLG uplock assemblies with new There are no reporting and record assemblies; and an inspection of the left EFFECTIVE DATE: April 18, 2002. keeping requirements associated with and right MLG uplock rollers for the this final rule. FOR FURTHER INFORMATION CONTACT: presence of an inner low friction liner, David W. Lewis, Rural Business- List of Subjects in 7 CFR Part 1951 and corrective actions if necessary. This Cooperative Service, USDA, Room action is necessary to ensure that the 6858–S, Mail Stop 3225, South Loan programs—agriculture, Rural flight crew has the procedures necessary Agriculture Building, 1400 areas. to address failure of an MLG to extend Independence Avenue, SW., Therefore, chapter XVIII, title 7, of the following a gear-down selection; and to Washington, DC 20250–3225, Code of Federal Regulations is amended detect and correct such failure, which Telephone (202) 690–0797. as follows: could result in a gear-up landing and possible injury to passengers and crew. SUPPLEMENTARY INFORMATION: PART 1951—SERVICING AND DATES: Effective April 23, 2002. Classification COLLECTIONS The incorporation by reference of certain publications listed in the This action is not subject to the Subpart R—Rural Development Loan regulations is approved by the Director provisions of Executive Order 12866 or Servicing of the Federal Register as of April 23, published for proposed rulemaking; 2002. since it involves only internal Agency 1. The authority citation for part 1951 Comments for inclusion in the Rules management, publication for comment continues to read as follows: Docket must be received on or before is unnecessary. Authority: 5 U.S.C. 301; 42 U.S.C. 1480. May 20, 2002.
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ADDRESSES: Submit comments in could prevent release of the roller, and FAA’s Conclusions triplicate to the Federal Aviation the inability to extend the MLG with These airplane models are Administration (FAA), Transport either the normal, or alternate, landing manufactured in Canada and are type Airplane Directorate, ANM–114, gear extension procedure. Findings also certificated for operation in the United Attention: Rules Docket No. 2002–NM– indicate that the low friction (black- States under the provisions of § 21.29 of 35–AD, 1601 Lind Avenue, SW., colored) liner of the uplock rollers was the Federal Aviation Regulations (14 Renton, Washington 98055–4056. omitted on a batch lot of uplock rollers, CFR 21.29) and the applicable bilateral Comments may be inspected at this including the subject airplane. airworthiness agreement. Pursuant to location between 9:00 a.m. and 3:00 Conditions that could cause failure of this bilateral airworthiness agreement, p.m., Monday through Friday, except the MLG to extend, following a gear- the TCCA has kept the FAA informed of Federal holidays. Comments may be down selection, include the absence of the situation described above. The FAA submitted via fax to (425) 227–1232. an uplock roller, absence of an approved has determined that the primary cause Comments may also be sent via the liner, or presence of an unapproved or of the failure of the right MLG to extend Internet using the following address: 9- damaged uplock roller. These and the uplock assembly to disengage, [email protected]. Comments conditions, if not corrected, could result following a gear-down selection, is the sent via the Internet must contain in the inability of the flight crew to design of the uplock assembly. ‘‘Docket No. 2002–NM–35–AD’’ in the extend the MLG, which could result in However, we also consider that the subject line and need not be submitted a gear-up landing and possible injury to uplock roller, which involves a quality in triplicate. Comments sent via fax or passengers and crew. control problem, may have contributed the Internet as attached electronic files Explanation of Relevant Service to such failure. The FAA has examined must be formatted in Microsoft Word 97 Information the findings of the TCCA, reviewed all for Windows or ASCII text. Bombardier has issued DHC–8 Alert available information, and determined The service information referenced in that AD action is necessary for products this AD may be obtained from Service Bulletin A84–32–15, dated February 4, 2002, which describes of this type design that are certificated Bombardier, Inc., Bombardier Regional for operation in the United States. Aircraft Division, 123 Garratt Boulevard, procedures for a one-time inspection of Downsview, Ontario M3K 1Y5, Canada. the inside surface of the uplock roller on Explanation of Requirements of Rule the shock strut of the MLG for the This information may be examined at Since an unsafe condition has been presence of an inner low friction (black- the FAA, Transport Airplane identified that is likely to exist or colored) liner, and corrective actions if Directorate, 1601 Lind Avenue, SW., develop on other airplanes of the same necessary. If a low friction liner is Renton, Washington; or at the FAA, type design registered in the United present, operators may reinstall the New York Aircraft Certification Office, States, this AD is being issued to require existing uplock roller, or replace the 10 Fifth Street, Third Floor, Valley a revision to the Limitations section, uplock roller with a new uplock roller Stream, New York; or at the Office of the and certain paragraphs of the Normal having a low friction liner. If the bore Federal Register, 800 North Capitol and Alternate Extension Procedures, of of the uplock roller has a bright metal Street, NW., suite 700, Washington, DC. the FAA-approved AFM, to advise the finish, indicating the absence of a liner, FOR FURTHER INFORMATION CONTACT: Ezra flight crew of appropriate procedures to operators must replace the existing follow in the event that an MLG fails to Sasson, Aerospace Engineer, Systems uplock roller with a new uplock roller and Flight Test Branch, ANE–172, FAA, extend following a gear-down selection; having a low friction liner. In addition, replacement of the left and right MLG New York Aircraft Certification Office, the alert service bulletin references 10 Fifth Street, Third Floor, Valley uplock assemblies; and a one-time Chapter 32–11–01, dated January 5, inspection of the left and right MLG Stream, New York 11581; telephone 2001, of Bombardier Series 400 Aircraft (516) 256–7520; fax (516) 568–2716. uplock rollers for the presence of an Maintenance Manual (AMM), PSM 1– inner low friction liner, and corrective SUPPLEMENTARY INFORMATION: Transport 84–2, as a secondary source of service actions if necessary. The actions Canada Civil Aviation (TCCA), which is information for replacing the MLG required by this AD must be the airworthiness authority for Canada, uplock roller with a new roller having accomplished per the alert service recently notified the FAA that an unsafe a low friction liner. bulletin and the AMM, except as condition may exist on certain Chapter 32–31–21, dated January 5, described below. Bombardier Model DHC–8–400, –401, 2001, of Bombardier Series 400 AMM, and –402 series airplanes. TCCA advises PSM 1–84–2, describes procedures for Differences Between Alert Service that the flight crew of a Bombardier replacing existing MLG uplock Bulletin, and the Canadian Model DHC–8–400 series airplane assemblies with new assemblies. Airworthiness Directive and This AD experienced difficulties in extending the Transport Canada Civil Aviation The Bombardier alert service bulletin right main landing gear (MLG) following (TCCA), which is the airworthiness specifies procedures only for an a gear-down selection. During that authority for Canada, has issued inspection of the left and right MLG event, when subsequent use of the Canadian airworthiness directive CF– uplock rollers, and corrective actions if alternate landing gear extension 2002–13, dated February 4, 2002, to necessary. However, in addition to that procedure failed to extend the affected assure the continued airworthiness of procedure, the Canadian airworthiness gear, the MLG was retracted and a these airplanes in Canada. That directive and this AD also specify second alternate gear extension was airworthiness directive specifies procedures for revising the AFM and performed. This resulted in the MLG procedures for revising the Airplane replacing the MLG uplock assemblies. successfully extending to the down and Flight Manual (AFM); replacing the left locked position. and right MLG uplock assemblies with Differences Between the Canadian Inspection of the MLG revealed a new assemblies per Chapter 32–31–21 Airworthiness Directive and This AD groove in the lower jaw of the uplock of Bombardier Series 400 AMM, PSM 1– The Canadian airworthiness directive hook on the MLG uplock assembly due 84–2; and inspecting the uplock roller, specifies inspection/replacement of the to premature wear. Findings indicate and taking corrective action if left and right MLG uplock rollers per that excessive wear to the uplock hook necessary. Bombardier DHC–8 Alert Service
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Bulletin A84–32–15, dated February 4, change the compliance time and a Administrator, the Federal Aviation 2002, ‘‘or later revisions of the alert request to change the service bulletin Administration amends part 39 of the service bulletin.’’ However, paragraph reference as two separate issues. Federal Aviation Regulations (14 CFR (c) of this AD requires accomplishment • For each issue, state what specific part 39) as follows: of the one-time inspection of the MLG change to the AD is being requested. uplock rollers, and corrective actions if • Include justification (e.g., reasons or PART 39—AIRWORTHINESS necessary, per the alert service bulletin, data) for each request. DIRECTIVES Comments are specifically invited on dated February 4, 2002. Where a 1. The authority citation for part 39 the overall regulatory, economic, specific service bulletin is referenced in continues to read as follows: an AD, the use of the phrase ‘‘or later environmental, and energy aspects of revisions of the service bulletin,’’ the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. violates Office of the Federal Register modify the rule. All comments § 39.13 [Amended] submitted will be available, both before regulations regarding approval of 2. Section 39.13 is amended by and after the closing date for comments, materials that are incorporated by adding the following new airworthiness in the Rules Docket for examination by reference, and, therefore may not be directive: specified in this AD. interested persons. A report that summarizes each FAA-public contact 2002–08–05 Bombardier, Inc: Amendment Interim Action concerned with the substance of this AD 39–12713. Docket 2002–NM–35–AD. This is considered to be interim will be filed in the Rules Docket. Applicability: Model DHC–8–400, –401, action. Bombardier has advised that it is Commenters wishing the FAA to and –402 series airplanes; serial numbers currently evaluating a possible acknowledge receipt of their comments 4001 and subsequent; certificated in any category. modification to the uplock assembly to submitted in response to this rule must minimize wear to the uplock hook and submit a self-addressed, stamped Note 1: This AD applies to each airplane identified in the preceding applicability to ensure a more positive uplock postcard on which the following provision, regardless of whether it has been release, which will positively address statement is made: ‘‘Comments to modified, altered, or repaired in the area the unsafe condition addressed by this Docket Number 2002–NM–35–AD.’’ The subject to the requirements of this AD. For AD. Once this modification is postcard will be date stamped and airplanes that have been modified, altered, or developed, approved, and available, the returned to the commenter. repaired so that the performance of the FAA may consider additional requirements of this AD is affected, the Regulatory Impact rulemaking. owner/operator must request approval for an The regulations adopted herein will alternative method of compliance in Determination of Rule’s Effective Date not have a substantial direct effect on accordance with paragraph (d) of this AD. Since a situation exists that requires the States, on the relationship between The request should include an assessment of the effect of the modification, alteration, or the immediate adoption of this the national Government and the States, repair on the unsafe condition addressed by regulation, it is found that notice and or on the distribution of power and this AD; and, if the unsafe condition has not opportunity for prior public comment responsibilities among the various been eliminated, the request should include hereon are impracticable, and that good levels of government. Therefore, it is specific proposed actions to address it. cause exists for making this amendment determined that this final rule does not Compliance: Required as indicated, unless effective in less than 30 days. have federalism implications under accomplished previously. Executive Order 13132. To ensure that the flight crew has the Comments Invited The FAA has determined that this procedures necessary to address failure of the Although this action is in the form of regulation is an emergency regulation main landing gears (MLG) to extend a final rule that involves requirements that must be issued immediately to following a gear-down selection; and to detect and correct such failure, which could affecting flight safety and, thus, was not correct an unsafe condition in aircraft, preceded by notice and an opportunity result in a gear-up landing and possible and that it is not a ‘‘significant injury to passengers and crew; accomplish for public comment, comments are regulatory action’’ under Executive the following: invited on this rule. Interested persons Order 12866. It has been determined are invited to comment on this rule by further that this action involves an Revision of FAA-Approved Airplane Flight Manual (AFM) submitting such written data, views, or emergency regulation under DOT arguments as they may desire. Regulatory Policies and Procedures (44 (a) Within 3 days after the effective date of Communications shall identify the FR 11034, February 26, 1979). If it is this AD, amend all copies of the FAA- Rules Docket number and be submitted approved Bombardier Series 400 AFM, PSM determined that this emergency 1–84–1A (for Models 400, 401, and 402), by in triplicate to the address specified regulation otherwise would be adding the following procedure to the under the caption ADDRESSES. All significant under DOT Regulatory Limitations section of the AFM, and opposite communications received on or before Policies and Procedures, a final page 4–21–1 of the AFM; and advise all flight the closing date for comments will be regulatory evaluation will be prepared crew members of these changes; (the revision considered, and this rule may be and placed in the Rules Docket. A copy may be accomplished by inserting a copy of amended in light of the comments of it, if filed, may be obtained from the this AD into the Limitations section of the received. Factual information that Rules Docket at the location provided AFM and affected paragraphs of the AFM): supports the commenter’s ideas and under the caption ADDRESSES. ‘‘If ONE main landing gear fails to extend suggestions is extremely helpful in after performing landing gear extension per evaluating the effectiveness of the AD List of Subjects in 14 CFR Part 39 normal procedures given in paragraph 4.3.7 action and determining whether Air transportation, Aircraft, Aviation and alternate extension procedures per paragraph 4.21.1 of the AFM: additional rulemaking action would be safety, Incorporation by reference, 1. Visually confirm that the affected gear needed. Safety. has not extended and that the associated Submit comments using the following Adoption of the Amendment doors have opened. format: 2. Ensure No. 2 hydraulic system pressure • Organize comments issue-by-issue. Accordingly, pursuant to the and quantity are normal and the following For example, discuss a request to authority delegated to me by the landing gear advisory lights are illuminated:
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selector lever amber, gear green locked down Corrective Actions DEPARTMENT OF TRANSPORTATION (nose and non-affected main gear), red gear (1) If a low friction liner is present, unlocked (affected main gear) and all amber reinstall the existing uplock roller; or install Federal Aviation Administration doors open. a new uplock roller, P/N 46575–1, having a 3. NOSE L/G RELEASE handle—Return to low friction liner; on the shock strut of the 14 CFR Part 39 the stowed position. MLG; per the alert service bulletin. [Docket No. 2002–NM–38–AD; Amendment 4. LANDING GEAR ALTERNATE (2) If a low friction liner is NOT present, 39–12714; AD 2002–08–06] EXTENSION door—Close fully. replace the existing uplock roller with a new 5. MAIN L/G RELEASE handle—Return to uplock roller, P/N 46575–1, having a low RIN 2120–AA64 the stowed position. friction liner, on the shock strut of the MLG; 6. LANDING GEAR ALTERNATE per the alert service bulletin. Airworthiness Directives; Boeing RELEASE door—Close fully. Model 777–200 and –300 Series Alternative Methods of Compliance 7. LANDING GEAR lever—DN. Airplanes 8. L/G DOWN SELECT INHIBIT SW— (d) An alternative method of compliance or Normal and guarded. Check amber doors adjustment of the compliance time that AGENCY: Federal Aviation open advisory lights out (nose and non- provides an acceptable level of safety may be Administration, DOT. affected main gear) and LDG GEAR INOP used if approved by the Manager, New York ACTION: Final rule; request for caution light out. Aircraft Certification Office (ACO), FAA. comments. 9. LANDING GEAR lever—UP Check all Operators shall submit their requests through gear, door and LANDING GEAR lever an appropriate FAA Principal Maintenance SUMMARY: This amendment adopts a advisory lights out. Inspector, who may add comments and then new airworthiness directive (AD) that is 10. With minimum delay, LANDING GEAR send it to the Manager, New York ACO. applicable to certain Boeing Model 777– lever—DN. Check 3 green gear locked down Note 3: Information concerning the 200 and –300 series airplanes. This advisory lights illuminate, all amber doors existence of approved alternative methods of open, red gear unlocked and selector lever action requires a one-time torque check compliance with this AD, if any, may be (inspection) of the bolts that attach the amber advisory lights out. obtained from the New York ACO. 11. Items 9 and 10 may be repeated in an pivot fittings to the horizontal stabilizer effort to achieve 3 gear down and locked. Special Flight Permits through the upper and lower titanium CAUTION (e) Special flight permits may be issued in straps, to determine if the bolts are accordance with §§ 21.197 and 21.199 of the adequately torqued, and follow-on Should the LDG GEAR INOP caution light actions. This action is necessary to illuminate, or loss of no. 2 hydraulic system Federal Aviation Regulations (14 CFR 21.197 pressure or quantity, or any abnormality in and 21.199) to operate the airplane to a prevent failure of the pivot fittings, landing gear system indication other than location where the requirements of this AD which could result in loss of control of those associated with the affected main can be accomplished. the horizontal stabilizer and consequent landing gear be experienced, see paragraph Incorporation by Reference loss of control of the airplane. This 4.21.1 ALTERNATE LANDING GEAR action is intended to address the EXTENSION.’’ (f) The inspection of the uplock rollers and identified unsafe condition. corrective actions shall be done per Replacement of Uplock Assembly Bombardier DHC–8 Alert Service Bulletin DATES: Effective May 3, 2002. The incorporation by reference of (b) At the later of the times specified in A84–32–15, dated February 4, 2002. (The paragraph (b)(1) or (b)(2) of this AD: Replace manufacturer’s name is listed only on the certain publications listed in the the left and right MLG uplock assemblies, first page of the document; no other page regulations is approved by the Director part number (P/N) 46500–3, with new uplock contains this information.) This of the Federal Register as of May 3, assemblies, P/N 46500–3, per Chapter 32–31– incorporation by reference was approved by 2002. 21, dated January 5, 2001, of Bombardier the Director of the Federal Register in Comments for inclusion in the Rules Series 400 Aircraft Maintenance Manual, accordance with 5 U.S.C. 552(a) and 1 CFR Docket must be received on or before PSM 1–84–2. Do the replacement thereafter part 51. Copies may be obtained from June 17, 2002. Bombardier, Inc., Bombardier Regional at intervals not to exceed 2,500 flight hours ADDRESSES: Submit comments in or 3,000 flight cycles, whichever occurs Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. triplicate to the Federal Aviation earlier. Administration (FAA), Transport (1) Before the accumulation of 2,500 total Copies may be inspected at the FAA, flight hours or 3,000 total flight cycles, Transport Airplane Directorate, 1601 Lind Airplane Directorate, ANM–114, whichever occurs earlier; or Avenue, SW., Renton, Washington; or at the Attention: Rules Docket No. 2002–NM– (2) Within 14 days after the effective date FAA, New York Aircraft Certification Office, 38–AD, 1601 Lind Avenue, SW., of this AD. 10 Fifth Street, Third Floor, Valley Stream, Renton, Washington 98055–4056. New York; or at the Office of the Federal Note 2: Bombardier DHC–8 Alert Service Comments may be inspected at this Register, 800 North Capitol Street, NW., suite Bulletin A84–32–15, dated February 4, 2002, location between 9:00 a.m. and 3:00 700, Washington, DC. references Chapter 32–11–01, dated January p.m., Monday through Friday, except 5, 2001, of Bombardier Series 400 AMM, Note 4: The subject of this AD is addressed Federal holidays. Comments may be PSM 1–84–2, as an additional source of in Canadian airworthiness directive CF– submitted via fax to (425) 227–1232. service information for procedures to replace 2002–13, dated February 4, 2002. Comments may also be sent via the an MLG uplock roller. Effective Date Internet using the following address: 9- [email protected]. Comments One-Time Inspection of MLG Uplock Rollers (g) This amendment becomes effective on April 23, 2002. sent via fax or the Internet must contain (c) Within 30 days after the effective date ‘‘Docket No. 2002–NM–38–AD’’ in the of this AD, inspect the left and right MLG Issued in Renton, Washington, on April 11, subject line and need not be submitted uplock rollers for the presence of an inner 2002. in triplicate. Comments sent via the low friction (black-colored) liner, per the Vi L. Lipski, Accomplishment Instructions of Bombardier Internet as attached electronic files must DHC–8 Alert Service Bulletin A84–32–15, Manager, Transport Airplane Directorate, be formatted in Microsoft Word 97 for dated February 4, 2002; and, before further Aircraft Certification Service. Windows or ASCII text. flight, do the actions required by paragraph [FR Doc. 02–9391 Filed 4–17–02; 8:45 am] The service information referenced in (c)(1) or (c)(2) of this AD. BILLING CODE 4910–13–U this AD may be obtained from Boeing
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Commercial Airplane Group, P.O. Box if cracks are found or the hole is not Certification Office, to make such 3707, Seattle, Washington 98124–2207. round; and install new oversize bolts. If findings. This information may be examined at the torque values of four or more bolts • In Steps 4. and 5. of the Work the FAA, Transport Airplane in a joint are less than 300 inch-pounds, Instructions of the service bulletin, the Directorate, 1601 Lind Avenue, SW., remove all the bolts in the joint procedure to verify that there is no less Renton, Washington; or at the Office of (maximum of four bolts at one time); than the chamfer of the bolt and no the Federal Register, 800 North Capitol and repeat the visual and HFEC more than three threads protruding Street, NW., suite 700, Washington, DC. inspections specified above. through the nut (as specified in Steps FOR FURTHER INFORMATION CONTACT: John For Group 2 airplanes, the follow-on 6.e. and 7.e. of the Work Instructions) Craycraft, Aerospace Engineer, Airframe actions include removing the nut and was inadvertently omitted. Replacement Branch, ANM–120S, FAA, Seattle measuring run-on torque if the torque of the bolts if more than three threads Aircraft Certification Office, 1601 Lind value on any bolt is between 400 inch- are protruding also was omitted from Avenue, SW., Renton, Washington pounds and 2,100 inch-pounds those steps in the service bulletin. This 98055–4056; telephone (425) 227–2782; measured on the nut side (2,310 inch- AD requires that check and fax (425) 227–1181. pounds measured on the head side). replacement, if necessary, be done per Replace any nut that does not meet the Step 6.e. or 7.e. of the Work Instructions SUPPLEMENTARY INFORMATION: The FAA run-on torque requirements; if the has received a report of improperly of the service bulletin. torque values on one to three bolts in a • The service bulletin identifies the torqued bolts that attach the pivot joint are less than 400 inch-pounds, inspection described only as a ‘‘visual fittings to the horizontal stabilizer on remove the bolts with those values. Do inspection.’’ For clarity, this AD refers certain Boeing Model 777–200 and –300 a visual inspection for indications of to that inspection as a ‘‘detailed series airplanes. The improper torqueing galling, fretting, and wear, and replace inspection.’’ Note 2 of this AD defines occurred during production. Two pivot the bolt if any discrepancies are found, such an inspection. fittings attach the aft part of the then do an open-hole HFEC inspection horizontal stabilizer to the body Determination of Rule’s Effective Date for cracks; oversize the holes if cracks structure. Two titanium straps attach are found or the hole is not round; and Since a situation exists that requires the upper and lower surface of each install new oversize bolts. If the torque the immediate adoption of this pivot fitting to the upper and lower values of four or more bolts in a joint regulation, it is found that notice and surface of the horizontal stabilizer. The are less than 400 inch-pounds, remove opportunity for prior public comment straps are attached to the pivot fitting all the bolts in the joint (maximum of hereon are impracticable, and that good with eight bolts at each location. four bolts at one time); and repeat the cause exists for making this amendment Insufficient bolt torque in multiple visual and HFEC inspections specified effective in less than 30 days. locations will cause the bolts to loosen above. Comments Invited and may cause failure of the pivot Accomplishment of the actions fittings. Such failure could result in loss specified in the service bulletin is Although this action is in the form of of control of the horizontal stabilizer intended to adequately address the a final rule that involves requirements and consequent loss of control of the identified unsafe condition. affecting flight safety and, thus, was not airplane. preceded by notice and an opportunity Explanation of the Requirements of the for public comment, comments are Explanation of Relevant Service Rule Information invited on this rule. Interested persons Since an unsafe condition has been are invited to comment on this rule by The FAA has reviewed and approved identified that is likely to exist or submitting such written data, views, or Boeing Alert Service Bulletin 777– develop on other airplanes of the same arguments as they may desire. 55A0013, Revision 1, dated January 31, type design, this AD requires Communications shall identify the 2002, which describes procedures for a accomplishment of the actions specified Rules Docket number and be submitted torque check (inspection) of the two aft in the service bulletin described in triplicate to the address specified rows of bolts which attach the pivot previously, except as discussed below. under the caption ADDRESSES. All fittings to the horizontal stabilizer communications received on or before through the upper and lower titanium Differences Between This AD and Alert the closing date for comments will be straps, to determine if the bolts are Service Bulletin considered, and this rule may be adequately torqued, and follow-on This AD differs from the referenced amended in light of the comments actions. service bulletin in the following ways: received. Factual information that For Group 1 airplanes, the follow-on • The service bulletin recommends supports the commenter’s ideas and actions include removing the nut and doing the torque check (inspection) suggestions is extremely helpful in measuring run-on torque if the torque ‘‘within 90 days after the revision date evaluating the effectiveness of the AD value is between 300 inch-pounds and of service bulletin,’’ but this AD requires action and determining whether 1,550 inch-pounds measured on the nut the inspection be done within 90 days additional rulemaking action would be side (1,705 inch-pounds measured on after the effective date of the AD. needed. the head side). Replace any nut that • The service bulletin specifies that Submit comments using the following does not meet the run-on torque the manufacturer may be contacted for format: requirements; if the torque values on disposition of certain repair conditions. • Organize comments issue-by-issue. one to three bolts in a joint are less than This AD requires the repair of those For example, discuss a request to 300 inch-pounds, remove the bolts with conditions to be accomplished per a change the compliance time and a those values. Do a visual inspection for method approved by the FAA, or per request to change the service bulletin indications of galling, fretting, and wear, data meeting the type certification basis reference as two separate issues. and replace the bolt if discrepancies are of the airplane approved by a Boeing • For each issue, state what specific found, then do an open-hole high Company Designated Engineering change to the AD is being requested. frequency eddy current (HFEC) Representative who has been authorized • Include justification (e.g., reasons or inspection for cracks; oversize the holes by the Manager, Seattle Aircraft data) for each request.
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Comments are specifically invited on PART 39—AIRWORTHINESS Note 3: For Group 1 airplanes and Group the overall regulatory, economic, DIRECTIVES 2 airplanes with WBnnn variable numbers environmental, and energy aspects of (where nnn is any three digits); inspections the rule that might suggest a need to 1. The authority citation for part 39 and follow-on actions done before the continues to read as follows: effective date of this AD per Boeing Service modify the rule. All comments Bulletin 777–55A0013, dated December 19, submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. 2001, are considered acceptable for and after the closing date for comments, § 39.13 [Amended] compliance with the corresponding actions in the Rules Docket for examination by specified in paragraph (a)(1) of this AD. interested persons. A report that 2. Section 39.13 is amended by Follow-On Actions summarizes each FAA-public contact adding the following new airworthiness concerned with the substance of this AD directive: (3) Do Steps 8. and 9. of the Work Instructions in Part B of the service bulletin will be filed in the Rules Docket. 2002–08–06 Boeing: Amendment 39–12714. if the torque value of all attachment bolts is Docket 2002–NM–38–AD. Commenters wishing the FAA to found to be within the specified limits, then acknowledge receipt of their comments Applicability: Model 777–200 and –300 no further action is required by this AD. submitted in response to this rule must series airplanes as listed in Boeing Alert (b) During the inspection required by Service Bulletin 777–55A0013, Revision 1, paragraph (a)(1) of this AD, if the torque submit a self-addressed, stamped dated January 31, 2002; certificated in any postcard on which the following value of any attachment bolt is found to be category. less than or equal to the value specified in statement is made: ‘‘Comments to Note 1: This AD applies to each airplane Step 4. of the Work Instructions of Boeing Docket Number 2002–NM–38–AD.’’ The identified in the preceding applicability Alert Service Bulletin 777–55A0013, postcard will be date stamped and provision, regardless of whether it has been Revision 1, dated January 31, 2002: Before returned to the commenter. modified, altered, or repaired in the area further flight, do all actions (includes subject to the requirements of this AD. For removing the nut and measuring run-on Regulatory Impact airplanes that have been modified, altered, or torque; replacing any nut that does not meet repaired so that the performance of the the run-on torque requirements; a visual The regulations adopted herein will requirements of this AD is affected, the inspection for indications of galling, fretting, not have a substantial direct effect on owner/operator must request approval for an and wear; replacing the bolt if any the States, on the relationship between alternative method of compliance in discrepancies are found; and an open-hole the national Government and the States, accordance with paragraph (e) of this AD. high frequency eddy current (HFEC) or on the distribution of power and The request should include an assessment of inspection for cracks), as specified in and per responsibilities among the various the effect of the modification, alteration, or Steps 5., 6., and 7., as applicable, of the Work repair on the unsafe condition addressed by Instructions of Boeing Alert Service Bulletin levels of government. Therefore, it is this AD; and, if the unsafe condition has not determined that this final rule does not 777–55A0013, Revision 1, dated January 31, been eliminated, the request should include 2002, for Group 1 or Group 2 airplanes, as have federalism implications under specific proposed actions to address it. applicable. Executive Order 13132. Compliance: Required as indicated, unless (c) If any cracking is found during the The FAA has determined that this accomplished previously. HFEC inspection and the service bulletin regulation is an emergency regulation To prevent failure of the pivot fittings of specifies contacting Boeing for repair the horizontal stabilizer, which could result instructions: Before further flight, repair per that must be issued immediately to in loss of control of the horizontal stabilizer correct an unsafe condition in aircraft, a method approved by the Manager, Seattle and consequent loss of control of the Aircraft Certification Office (ACO), FAA; or and that it is not a ‘‘significant airplane, accomplish the following: per data meeting the type certification basis regulatory action’’ under Executive Torque Check (Inspection) of the airplane approved by a Boeing Order 12866. It has been determined Company Designated Engineering further that this action involves an (a) Within 90 days after the effective date Representative who has been authorized by emergency regulation under DOT of this AD, do the following inspections of the Manager, Seattle ACO, to make such the aft bolts of the pivot fittings attached to Regulatory Policies and Procedures (44 findings. For a repair method to be approved the horizontal stabilizer per the by the Manager, Seattle ACO, as required by FR 11034, February 26, 1979). If it is Accomplishment Instructions of Boeing Alert determined that this emergency this paragraph, the Manager’s approval letter Service Bulletin 777–55A0013, Revision 1, must specifically reference this AD. regulation otherwise would be dated January 31, 2002: significant under DOT Regulatory (1) Do a torque check (inspection) to Reporting Requirement Policies and Procedures, a final determine if the bolts are adequately torqued (d) Within 10 days after doing the regulatory evaluation will be prepared per the service bulletin. inspections required by paragraph (a) of this (2) Do a detailed inspection of the bolt and placed in the Rules Docket. A copy AD: Submit a report of the bolt torque values thread protrusion through the nut. Replace and run-on torque values of the nut, and/or of it, if filed, may be obtained from the any bolt that has less than the chamfer of the Rules Docket at the location provided any damaged areas found, to the FAA bolt or more than three threads protruding Certification Management Office—Boeing, ADDRESSES. under the caption through the nut per Steps 6.d. and 6.e. or ANM–108B, 1601 Lind Avenue, SW., Renton, Steps 7.d. and 7.e. of the Work Instructions List of Subjects in 14 CFR Part 39 Washington 98055–4056; at the applicable of the service bulletin for Group 1 or Group time specified in paragraph (b)(1) or (b)(2) of 2 airplanes, as applicable. Air transportation, Aircraft, Aviation this AD. Information collection requirements safety, Incorporation by reference, Note 2: For the purposes of this AD, a contained in this AD have been approved by detailed inspection is defined as: ‘‘An Safety. the Office of Management and Budget (OMB) intensive visual examination of a specific under the provisions of the Paperwork Adoption of the Amendment structural area, system, installation, or Reduction Act of 1980 (44 U.S.C. 3501 et assembly to detect damage, failure, or seq.) and have been assigned OMB Control Accordingly, pursuant to the irregularity. Available lighting is normally Number 2120–0056. supplemented with a direct source of good authority delegated to me by the lighting at intensity deemed appropriate by Alternative Methods of Compliance Administrator, the Federal Aviation the inspector. Inspection aids such as mirror, (e) An alternative method of compliance or Administration amends part 39 of the magnifying lenses, etc., may be used. Surface adjustment of the compliance time that Federal Aviation Regulations (14 CFR cleaning and elaborate access procedures provides an acceptable level of safety may be part 39) as follows: may be required.’’ used if approved by the Manager, Seattle
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ACO. Operators shall submit their requests Distance Measuring Equipment (DME) 71.1. The Class E airspace designation through an appropriate FAA Principal RWY 18 ORIGINAL SIAP to serve listed in this document will be Maintenance Inspector, who may add Caruthersville Memorial Airport, published subsequently in the Order. comments and then send it to the Manager, Caruthersville, MO. Additional The Direct Final Rule Procedure Seattle ACO. controlled airspace extending upward Note 4: Information concerning the from 700 feet Above Ground Level The FAA anticipates that this existence of approved alternative methods of (AGL) is needed to accommodate the regulation will not result in adverse or compliance with this AD, if any, may be negative comment and, therefore, is obtained from the Seattle ACO. SIAPs and for other Instrument Flight Rules (IFR) operations at this airport. issuing it as a direct final rule. Previous Special Flight Permits The intended effect of this rule is to actions of this nature have not been (f) Special flight permits may be issued in provide controlled Class E airspace for controversial and have not resulted in accordance with sections 21.197 and 21.199 aircraft executing the SIAPs and to adverse comments or objections. The of the Federal Aviation Regulations (14 CFR segregate aircraft using instrument amendment will enhance safety for all 21.197 and 21.199) to operate the airplane to approach procedures in instrument flight operations by designating an area a location where the requirements of this AD conditions from aircraft operating in where VFR pilots may anticipate the can be accomplished. visual conditions. presence of IFR aircraft at lower Incorporation by Reference DATES: This direct final rule is effective altitudes, especially during inclement on 0901 UTC, October 3, 2002. weather conditions. A greater degree of (g) Except as provided by paragraph (c) of safety is achieved by depicting the area this AD, the actions shall be done in Comments for inclusion in the Rules accordance with Boeing Alert Service Docket must be received on or before on aeronautical charges. Unless a Bulletin 777–55A0013, Revision 1, dated August 1, 2002. written adverse or negative comment, or a written notice of intent to submit an January 31, 2002. This incorporation by ADDRESSES: Send comments regarding reference was approved by the Director of the the rule in triplicate to: Manager, adverse or negative comment is received Federal Register in accordance with 5 U.S.C. Airspace Branch, Air Traffic Division, within the comment period, the 552(a) and 1 CFR part 51. Copies may be regulation will become effective on the ACE–520, DOT Regional Headquarters obtained from Boeing Commercial Airplane date specified above. After the close of Building, Federal Aviation Group, P.O. Box 3707, Seattle, Washington the comment period, the FAA will Administration, Docket Number 02– 98124–2207. Copies may be inspected at the publish a document in the Federal ACE–3, 901 Locust, Kansas City, MO FAA, Transport Airplane Directorate, 1601 Register indicating that no adverse or Lind Avenue, SW., Renton, Washington; or at 64106. the Office of the Federal Register, 800 North The official docket may be examined negative comments were received and Capitol Street, NW., suite 700, Washington, in the Office of the Regional Counsel for confirming the date on which the final DC. the Central Region at the same address rule will become effective. If the FAA does receive, within the comment between 9:00 a.m. and 3:00 p.m., Effective Date period, an adverse or negative comment, Monday through Friday, except Federal (h) This amendment becomes effective on or written notice of intent to submit holidays. An informal docket may also May 3, 2002. such as comment, a document be examined during normal business Issued in Renton, Washington, on April 11, withdrawing the direct final rule will be hours in the Air Traffic Division at the 2002. published in the Federal Register, and same address listed above. Vi L. Lipski, a notice of proposed rulemaking may be FOR FURTHER INFORMATION CONTACT: Manager, Transport Airplane Directorate, published with a new comment period. Aircraft Certification Service. Brenda Mumper, Air Traffic Division, Operations & Airspace Branch, ACE– Comments Invited [FR Doc. 02–9390 Filed 4–17–02; 8:45 am] 520A, DOT Regional Headquarters Although this action is in the form of BILLING CODE 4910–13–U Building, Federal Aviation a final rule and was not preceded by a Administration, 901 Locust, Kansas notice of proposed rulemaking, DEPARTMENT OF TRANSPORTATION City, MO 64106; telephone: (816) 329– comments are invited on this rule. 2525. Interested persons are invited to Federal Aviation Administration SUPPLEMENTARY INFORMATION: The FAA comment on this rule by submitting has developed RNAV (GPS) RWY 36 such written data, views, or arguments 14 CFR Part 71 ORIGINAL, RNAV (GPS) RWY 18 as they may desire. Communications ORIGINAL and VOR/DME RWY 18 should identify the Rules Docket [Docket No. 02–ACE–3] ORIGINAL SIAPs to serve Caruthersville number and be submitted in triplicate to Amendment to Class E Airspace; Memorial Airport, Caruthersville, MO. the address specified under the caption Caruthersville, MO The amendment to Class E airspace at ADDRESSES. All communications Caruthersville, MO will provide received on or before the closing date of AGENCY: Federal Aviation additional controlled airspace at and comments will be considered, and this Administration (FAA), DOT. above 700 feet AGL in order to contain rule may be amended or withdrawn in ACTION: Direct final rule; request for the new SIAPs within controlled light of the comments received. Factual comments. airspace, and thereby facilitate information that supports the separation of aircraft opearting under commenter’s ideas and suggestions is SUMMARY: This action amends the Class Instrument Flight Rules (IFR). The area extremely helpful in evaluating the E airspace area at Caruthersville, MO. will be depicted on appropriate effectiveness of this action and The FAA has developed Area aeronautical charts. Class E airspace determining whether additional Navigation (RNAV) Global Positioning areas extending upward from 700 feet or rulemaking action would be needed. System (GPS) Runway (RWY) 36 more above the surface of the earth are Comments are specifically invited on ORIGINAL Standard Instrument published in paragarph 6005 of FAA the overall regulatory, economic, Approach Procedure (SIAP), RNAV Order 7400.9J, dated August 31, 2001, environmental, and energy-related (GPS) RWY 18 ORIGINAL SIAP and and effective September 16, 2001, which aspects of the rule that might suggest a VHF Omni-directional Range (VOR)/ is incorporated by reference in 14 CFR need to modify the rule. All comments
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submitted will be available, both before Administration Order 7400.9J Airspace Federal Aviation Regulations (14 CFR and after the closing date for comments, Designations and Reporting Points, part 71) by establishing Class E airspace in the Rules Docket for examination by dated August 31, 2001, and effective extending upward from 700 feet Above interested persons. A report that September 16, 2001, is amended as Ground Level (AGL) for a Global summarizes each FAA-public contact follows: Positioning System (GPS), Helicopter concerned with the substance of this Paragraph 6005 Class E airspace areas Point in Space approach to the EWT 4 action will be filed in the Rules Docket. extending upward from 700 feet or more Heliport, Honey Grove, PA, was Commenters wishing the FAA to above the surface of the earth. published in the Federal Register (66 acknowledge receipt of their comments * * * * * FR 49575–49576). submitted in response to this rule must Interested parties were invited to submit a self-addressed, stamped ACE MO E5 Caruthersville, MO [REVISED] participate in this rulemaking postcard on which the following Caruthersville Memorial Airport, MO proceeding by submitting written statement is made: ‘‘Comments to (Lat. 36°10′30″N., long. 90°40′30″W.) comments on the proposal to the FAA Docket No. 02–ACE–3.’’ The postcard Malden VORTAC on or before October 29, 2001. No ° ′ ″ ° ′ ″ will be date stamped and returned to the (Lat. 36 33 18 N., long. 89 54 41 W.) comments to the proposal were commenter. Dyersburg VORTAC received. The rule is adopted as (Lat. 36°31′07″N., long. 89°19′03″W.) proposed. The coordinates for this Agency Findings That airspace extending upward from 700 airspace docket are based on North The regulations adopted herein will feet above the surface within a 6.4-mile radius of Caruthersville Memorial Airport. American Datum 83. Class E airspace not have a substantial direct effect on areas designations for airspace the States, on the relationship between * * * * * extending upward from 700 feet or more the national Government and the States, Issued in Kansas City, MO, on April 1, above the surface of the earth are or on the distribution of power and 2002. published in paragraph 6005 of FAA responsibilities among the various Herman J. Lyons, Jr., Order 7400.9J, dated August 31, 2001 levels of government. Therefore, it is Manager, Air Traffic Division, Central Region. and effective September 16, 2001, which determined that this final rule does not [FR Doc. 02–9406 Filed 4–17–02; 8:45 am] is incorporated by reference in 14 CFR have federalism implications under BILLING CODE 4910–13–M 71.1. The Class E airspace designation Executive Order 13132. listed in this document will be The FAA has determined that this published in the Order. regulation is noncontroversial and DEPARTMENT OF TRANSPORTATION unlikely to result in adverse or negative The Rule comments. For the reasons discussed in Federal Aviation Administration This amendment to Part 71 of the the preamble, I certify that this Federal Aviation Regulations (14 CFR regulation (1) is not a ‘‘significant 14 CFR Part 71 Part 71) provides controlled Class E regulatory action’’ under Executive [Airspace Docket No. 01–AEA–25] airspace extending upward from 700 Order 12866; (2) is not a ‘‘significant feet above the surface for aircraft rule’’ under Department of Establishment of Class E Airspace; conducting Instrument Flight Rules Transportation (DOT) Regulatory EWT 4 Heliport, Honey Grove, PA (IFR) operations at the EWT 4 Heliport, Policies and Procedures (44 FR 11034, Honey Grove, PA. February 26, 1979); and (3) if AGENCY: Federal Aviation The FAA has determined that this promulgated, will not have a significant Administration (FAA), DOT. regulation only involves an established economic impact, positive or negative, ACTION: Final rule. body of technical regulations for which on a substantial number of small entities frequent and routine amendments are SUMMARY: This action establishes Class under the criteria of the Regulatory E airspace at EWT 4 Heliport, Honey necessary to keep them operationally Flexibility Act. Grove, PA. Development of Standard current. Therefore, this regulation: (1) Is List of Subjects in 14 CFR Part 71 Instrument Approach Procedure (SIAP) not a ‘‘significant regulatory action’’ based on the Global Positioning System under Executive Order a 12866; (2) is Airspace, Incorporation by reference, not a ‘‘significant rule’’ under DOT Navigation (air). (GPS), Helicopter Point in Space Approach at the EWT 4 Heliport, has Regulatory Policies and Procedures (44 Adoption of the Amendment made this action necessary. Controlled FR 11034; February 26, 1979); and (3) does not warrant preparation of a Accordingly, the Federal Aviation airspace extending upward from 700 feet Above Ground Level (AGL) is Regulatory Evaluation as the anticipated Administratin amends 14 CFR part 71 as impact is so minimal. Since this is a follows: needed to contain aircraft executing the approach to the EWT 4 Heliport. routine matter that will only affect air traffic procedures and air navigation it PART 71—DESIGNATION OF CLASS A, EFFECTIVE DATE: 0901 UTC October 3, is certified that this rule will not have CLASS B, CLASS C, CLASS D, AND 2002. significant economic impact on a CLASS E AIRSPACE AREAS; FOR FURTHER INFORMATION CONTACT: Mr. substantial number of small entities AIRWAYS; ROUTES; AND REPORTING Francis Jordon, Airspace Specialist, under the criteria of the Regulatory POINTS Airspace Branch, AEA–520, Air Traffic Flexibility Act. Division, Eastern Region, Federal 1. The authority citation for part 71 List of Subjects in 14 CFR Part 71 continues to read as follows: Aviation Administration, 1 Aviation Plaza, Jamaica, New York 11434–4809, Airspace, Incorporaton by reference, Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– telephone: (718) 553–4521. Navigation (air). 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: Adoption of the Amendment § 71.1 [Amended] History In consideration of the foregoing, the 2. The incorporation by reference in On September 28, 2001 a document Federal Aviation Administration 14 CFR 71.1 of Federal Aviation proposing to amend part 71 of the amends 14 CFR part 71 as follows:
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PART 71—[AMENDED] Revenue Management, P.O. Box 25165, Addresses MS 320B2, Denver, Colorado 80225– On February 11, 2002, the Office of 1. The authority citation for 14 CFR 0165; telephone (303) 231–3151; FAX Part 71 continues to read as follows: Hearings and Appeals moved their (303) 231–3385; e-mail office location to a new street address in Authority: 49 U.S.C. 106(g), 40103, 40113, [email protected]. Arlington, Virginia. In part 241, we 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– corrected the street address to read 801 1963 Comp. p. 389. SUPPLEMENTARY INFORMATION: This final rule contains technical amendments North Quincy Street wherever § 71.1 [Amended] that will make MMS regulations more necessary. 2. The incorporation by reference in accurate and useful. The Department of Regulatory Cites 14 CFR 71.1 of Federal Aviation the Interior finds good cause to issue Over a number of years, various Administration Order 7400.9J, Airspace this rule without notice and opportunity sections, and paragraphs within Designations and Reporting Points, for public comment. Public comment is sections, have been renumbered and dated August 31, 2001, and effective unnecessary because this rule contains often re-titled as our regulations were September 16, 2001, is amended as technical amendments that relate to (1) amended. Because regulatory follows: agency administration and, thus, do not amendments occur quite frequently, we Paragraph 6005 Class E airspace areas affect the regulated community or (2) have changed our cross-references to extending upward from 700 feet or more regulations rendered null and void by refer readers, in most cases, to specific above the surface of the earth. subsequent legislation over which MMS parts rather than the sections or has no control. For the same reasons, a AEA PA E5, Honey Grove, PA [NEW] paragraphs within the parts. We believe 30-day period is not required between EWT 4 Heliport, this practice will minimize the need for ° ′ ″ ° ′ ″ publication of the final rule and its future regulatory changes. For example, (Lat 40 24 13 N.; long 77 33 24 W.) effective date under 5 U.S.C. 553(d). All Point in Space Coordinates rather than refer the reader to 30 CFR (Lat 40° 22′27″N.; long 77° 37′44″W.) of the amendments in this rule are 210.53, which may not exist after a covered in the following seven That airspace extending upward from 700 pending revision becomes effective, we feet above the surface within a 6 mile radius categories: have generalized the cross-reference to of the point in space for the SIAP to the EWT Organization Name read ‘‘part 210 of this chapter.’’ 4 Heliport, Honey Grove, PA. Miscellaneous Corrections Issued in Jamaica, New York on April 8, In October 2000, the MMS Royalty 2002. Management Program was reorganized We are also taking this opportunity to F.D. Hatfield, and renamed Minerals Revenue make miscellaneous corrections such as Manager, Air Traffic Division, Eastern Region Management. To reflect this change, we the name of a subsequently amended law and certain spelling errors. [FR Doc. 02–9404 Filed 4–17–02; 8:45 am] have removed all references to the BILLING CODE 4910–13–M Royalty Management Program wherever Regulations Repealed by Law it occurs in our regulations. The change in organization name necessarily We removed part 230 because it affected the title of our Associate pertains to refunds under Section 10 of DEPARTMENT OF THE INTERIOR Director which we also corrected in this the Outer Continental Shelf Lands Act rule. (43 U.S.C. 1339). Section 10 was Minerals Management Service repealed by the Federal Oil and Gas System Names Royalty Simplification and Fairness Act 30 CFR Parts 201, 206, 212, 216, 217, of 1996 (30 U.S.C 1732 note) effective 218, 219, 220, 227, 228, 230, 241, and In October 2001, we implemented our August 13, 1996. Procedures for 243 reengineered financial and compliance requesting Section 10 refunds before computer system. To reflect this change, RIN 1010–AC87 and after repeal are contained in chapter we have removed all references to our 6 of our revenue reporter handbook. Technical Amendments former computer systems—the Auditing and Financial System (AFS) and the Procedural Matters AGENCY: Minerals Management Service Production Accounting and Auditing 1. Summary Cost and Benefit Data (MMS), Interior. System (PAAS)—wherever they occur in This is an MMS administrative action ACTION: Final rule. our regulations. that imposes no monetary costs or SUMMARY: The MMS is updating its Handbook Titles benefits on industry, the Federal regulations to reflect changes in our Government, State and local In October 2001, we began using organization name, system names, governments, or Indian tribes and revised handbooks to reflect our handbook titles, addresses, and allottees. The cost and benefit reengineered reporting requirements. regulatory cites as well as correcting information in this Item 1 of Procedural Thus, we revised references to previous miscellaneous clerical errors. We are Matters is used as the basis for the handbook titles such as the Oil and Gas also removing certain parts of the CFR Departmental certifications in Items 2– Payor Handbook, the PAAS Onshore Oil relating to laws that have been repealed. 12. and Gas Reporter Handbook, and the These technical amendments will make PAAS Reporter Handbook—Lease, 2. Regulatory Planning and Review MMS regulations more accurate and Facility/Measurement Point, and Gas (Executive Order 12866) useful. Plant Operators wherever they occur in This document is not a significant EFFECTIVE DATE: This rule is effective our regulations. We also replaced rule and is not subject to review by the April 18, 2002. specific titles with the more generic Office of Management and Budget under FOR FURTHER INFORMATION CONTACT: terms, revenue reporter handbook and Executive Order 12866. Carol P. Shelby, Regulatory Specialist, production reporter handbook, in order (1) This rule will not have an effect of Minerals Management Service, Minerals to minimize future regulatory revisions. $100 million or more on the economy.
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It will not adversely affect in a material not substantially or directly affect the 30 CFR Part 216 way the economy, productivity, relationship between the Federal and Coal, Continental Shelf, Geothermal competition, jobs, the environment, State governments or impose costs on energy, Government contracts, Indian public health or safety, or State, local, States or localities. lands, Mineral royalties, Natural gas, or tribal governments or communities. 8. Civil Justice Reform (Executive Order Penalties, Petroleum, Public lands— (2) This rule will not create a serious 12988) mineral resources, Reporting and inconsistency or otherwise interfere recordkeeping requirements. with an action taken or planned by In accordance with Executive Order another agency. 12988, the Office of the Solicitor has 30 CFR Part 217 (3) This rule does not alter the determined that this rule does not Coal, Continental Shelf, Geothermal budgetary effects of entitlements, grants, unduly burden the judicial system and energy, Government contracts, Indian user fees, or loan programs or the rights meets the requirements of sections 3(a) lands, Mineral royalties, Natural gas, or obligations of their recipients. and 3(b)(2) of the Order. Petroleum, Public lands—mineral (4) This rule does not raise novel legal 9. Paperwork Reduction Act of 1995 resources, Reporting and recordkeeping or policy issues. requirements. This rule does not contain any new or 3. Regulatory Flexibility Act changed information collections, as 30 CFR Part 218 The Department of the Interior defined by the Paperwork Reduction Coal, Continental Shelf, Electronic certifies that this document will not Act, that must be submitted to the Office funds transfers, Geothermal energy, have a significant adverse effect on a of Management and Budget for Government contracts, Indian lands, substantial number of small entities approval. Mineral royalties, Natural gas, Penalties, under the Regulatory Flexibility Act (5 10. National Environmental Policy Act Petroleum, Public lands—mineral U.S.C. 601 et seq.). resources, Reporting and recordkeeping This rule does not constitute a major requirements. 4. Small Business Regulatory Federal action significantly affecting the Enforcement Act (SBREFA) quality of the human environment. A 30 CFR Part 219 This rule is not a major rule under 5 detailed statement under the National Coal, Continental Shelf, Electronic U.S.C. 804(2), the Small Business Environmental Policy Act of 1969 is not funds transfers, Geothermal energy, Regulatory Enforcement Fairness Act. required. Government contracts, Indian lands, This rule: 11. Consultation and Coordination With Mineral royalties, Natural gas, a. Does not have an annual effect on Indian Tribal Governments Petroleum, Public lands—mineral the economy of $100 million or more. In accordance with Executive Order resources, Reporting and recordkeeping b. Will not cause a major increase in requirements. costs or prices for consumers, 13175, this rule does not have tribal individual industries, Federal, State, or implications that impose substantial 30 CFR Part 220 local government agencies, or direct compliance costs on Indian tribal Coal, Continental Shelf, Geothermal geographic regions. governments. energy, Government contracts, Mineral c. Does not have significant adverse 12. Energy Effects royalties, Natural gas, Petroleum, Public effects on competition, employment, Under Executive Order 13211, this lands—mineral resources, Reporting investment, productivity, innovation, or and recordkeeping requirements. the ability of U.S.-based enterprises to rule is not a significant regulatory action compete with foreign-based enterprises. and will not have a significant adverse 30 CFR Part 227 effect on energy supply, distribution, or 5. Unfunded Mandates Reform Act Coal, Continental Shelf, Geothermal use. A Statement of Energy Effects is not energy, Government contracts, Mineral This rule does not impose an necessary. royalties, Natural gas, Petroleum, Public unfunded mandate on State, local, or List of Subjects lands—mineral resources, Reporting tribal governments or the private sector and recordkeeping requirements. of more than $100 million per year. The 30 CFR Part 201 rule does not have a significant or Coal, Continental Shelf, Geothermal 30 CFR Part 228 unique effect on State, local, or tribal energy, Government contracts, Indian Coal, Continental Shelf, Geothermal governments or the private sector. A lands, Mineral royalties, Natural gas, energy, Government contracts, Indian statement containing the information Petroleum, Public lands—mineral lands, Mineral royalties, Natural gas, required by the Unfunded Mandates resources. Penalties, Petroleum, Public lands— Reform Act (2 U.S.C. 1531 et seq.) is not mineral resources, Reporting and 30 CFR Part 206 required. recordkeeping requirements. Coal, Continental Shelf, Geothermal 6. Takings (Executive Order 12630) energy, Government contracts, Indian 30 CFR Part 230 In accordance with Executive Order lands, Mineral royalties, Natural gas, Coal, Continental Shelf, Electronic 12630, this rule does not have Petroleum, Public lands—mineral funds transfers, Geothermal energy, significant takings implications. This resources, Reporting and recordkeeping Government contracts, Indian lands, rule does not impose conditions or requirements. Mineral royalties, Natural gas, Penalties, limitations on the use of any private Petroleum, Public lands—mineral 30 CFR Part 212 property; consequently, a takings resources, Reporting and recordkeeping implication assessment is not required. Coal, Continental Shelf, Geothermal requirements. energy, Government contracts, Indian 7. Federalism (Executive Order 13132) lands, Mineral royalties, Natural gas, 30 CFR Part 241 In accordance with Executive Order Petroleum, Public lands—mineral Coal, Continental Shelf, Geothermal 13132, this rule does not have resources, Reporting and recordkeeping energy, Government contracts, Indian Federalism implications. This rule does requirements. lands, Mineral royalties, Natural gas,
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Penalties, Petroleum, Public lands— ‘‘Royalty’’ and add in its place b. In paragraph (c), first sentence, mineral resources, Reporting and ‘‘Minerals Revenue.’’ remove the word ‘‘Royalty’’ and add in recordkeeping requirements. its place ‘‘Minerals Revenue.’’ § 206.103 [Amended] 30 CFR Part 243 5. In § 206.103, paragraph (b)(2)(iii), PART 216—PRODUCTION Coal, Continental Shelf, Geothermal remove the words ‘‘ ‘Oil and Gas Payor ACCOUNTING energy, Government contracts, Indian Handbook’’’ and add in its place 15. The authority citation for part 216 lands, Mineral royalties, Natural gas, ‘‘revenue reporter handbook.’’ Petroleum, Public lands—mineral continues to read as follows: resources. § 206.152 [Amended] Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 396, 2107; 30 U.S.C. 189, 190, 359, 1023, Dated: March 26, 2002. 6. In § 206.152, paragraph (e)(3), 1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. Rebecca W. Watson, second sentence, remove the word 1334, 1801 et seq.; and 44 U.S.C. 3506(a). Assistant Secretary for Land and Minerals ‘‘Royalty’’ and add in its place Management. ‘‘Minerals Revenue.’’ § 216.6 [Amended] For reasons stated in the preamble, § 206.153 [Amended] 16. Amend § 216.6 as follows: MMS amends 30 CFR parts 201, 206, a. In the definition of ‘‘Associate 212, 216, 217, 218, 219, 220, 227, 228, 7. In § 206.153, paragraph (e)(3), Director,’’ remove the word ‘‘Royalty’’ 230, 241, and 243, as follows: second sentence, remove the word and add in its place ‘‘Minerals ‘‘Royalty’’ and add in its place Revenue.’’ PART 201—GENERAL ‘‘Minerals Revenue.’’ b. Remove the definition of ‘‘MMS/ RMP.’’ 1. The authority citation for part 201 § 206.250 [Amended] c. Remove the definition of continues to read as follows: 8. In § 206.250, paragraph (c), remove ‘‘Production Accounting and Auditing Authority: The Act of February 25, 1920 the word ‘‘Mineral’’ and add in its place System (PAAS).’’ (30 U.S.C. 181, et seq.), as amended; the Act ‘‘Minerals.’’ d. In the definition of ‘‘reporter,’’ of May 21, 1930 (30 U.S.C. 301–306); the remove the word ‘‘PAAS’’ and add in its Mineral Leasing Act for Acquired Lands (30 § 206.352 [Amended] place ‘‘production.’’ U.S.C. 351–359), as amended; the Act of March 3, 1909 (25 U.S.C. 396), as amended; 9. In § 206.352, paragraph (e)(3), § 216.15 [Amended] the National Environmental Policy Act of second sentence, remove the word 17. Amend § 216.15 as follows: 1969 (42 U.S.C. 4321, et seq.) as amended; ‘‘Royalty’’ and add in its place a. In paragraph (a), first sentence, the Act of May 11, 1938 (25 U.S.C. 396a- ‘‘Minerals Revenue.’’ 396q), as amended; the Act of February 28, remove the words ‘‘a ‘PAAS Reporter 1891 (25 U.S.C. 397), as amended; the Act of § 206.355 [Amended] Handbook’ and a ‘PAAS Onshore Oil May 29, 1924 (25 U.S.C. 398); the Act of and Gas Reporter Handbook,’’’ and add March 3, 1927 (25 U.S.C. 398a-398e); the Act 10. In § 206.355, paragraph (e)(3), in their place ‘‘the production reporter of June 30, 1919 (25 U.S.C. 399), as amended; second sentence, remove the word handbook.’’ R.S. § 441 (43 U.S.C. 1457), see also Attorney ‘‘Royalty’’ and add in its place b. In paragraph (a), second sentence, General’s Opinion of April 2, 1941 (40 Op. ‘‘Minerals Revenue.’’ remove the words ‘‘Reporter Handbooks Atty. Gen. 41); the Federal Property and Administrative Services Act of 1949 (40 § 206.356 [Amended] are’’ and add in their place ‘‘reporter handbook is.’’ Also remove the words U.S.C. 471, et seq.), as amended; the National 11. In § 206.356, paragraph (d)(3), Environmental Policy Act of 1969 (42 U.S.C. ‘‘Royalty Management Program’’ and 4321 et seq.), as amended; the Act of second sentence, remove the word add in their place ‘‘Minerals Revenue December 12, 1980 (Pub. L. 96–514, 94 Stat. ‘‘Royalty’’ and add in its place Management.’’ 2964); the Combined Hydrocarbon Leasing ‘‘Minerals Revenue.’’ c. In paragraph (b), first sentence, Act of 1981 (Pub. L. 97–78, 95 Stat. 1070); remove the words ‘‘these handbooks’’ the Outer Continental Shelf Lands Act (43 PART 212—RECORDS AND FILES and add in their place ‘‘the handbook.’’ U.S.C. 1331, et seq.), as amended; section 2 MAINTENANCE d. In paragraph (b), last sentence, of Reorganization Plan No. 3 of 1950 (64 stat. remove the word ‘‘handbooks’’ and add 1262); Secretarial Order No. 3071 of January 12. The authority citation for part 212 in its place ‘‘handbook.’’ 19, 1982, as amended; and Secretarial Order is revised to read as follows: 3087, as amended. Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. § 216.16 [Amended] § 201.100 [Amended] 396 et seq., 396a et seq., 2101 et seq.; 30 18. Amend § 216.16 as follows: U.S.C. 181 et seq., 351 et seq., 1001 et seq., a. In paragraph (a), remove the word 2. In § 201.100, in the section heading, 1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 ‘‘Mineral’’ and add in its place remove the word ‘‘Royalty’’ and add in et seq., 1331 et seq., and 1801 et seq. ‘‘Minerals.’’ Also, remove the words its place ‘‘Minerals Revenue.’’ § 212.51 [Amended] ‘‘Royalty Management Program’’ and PART 206—PRODUCT VALUATION add in their place ‘‘Minerals Revenue 13. In § 212.51, paragraph (a), last Management.’’ 3. The authority citation for part 206 sentence, remove the words ‘‘for use in b. In paragraph (b), remove the words continues to read as follows: its Auditing and Financial System (AFS) ‘‘Royalty Management Program’’ and and Production Accounting and add in their place ‘‘Minerals Revenue Authority: 5 U.S.C. 301 et seq., 25 U.S.C. Auditing System (PAAS).’’ 396 et seq., 396a et seq., 2101 et seq.; 30 Management.’’ U.S.C. 181 et seq., 351 et seq., 1001 et seq., § 212.351 [Amended] § 216.21 [Amended] 1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 et seq., 1331 et seq., and 1801 et seq. 14. Amend § 212.351 as follows: 19. In § 216.21, second sentence, a. In paragraph (a), last sentence, remove the words ‘‘Production § 206.52 [Amended] remove the words ‘‘for use in its AFS Accounting and Auditing System 4. In § 206.52, paragraph (e)(2), and Production Accounting and Reporters Handbook’’ and add in their second sentence, remove the word Auditing System.’’ place ‘‘production reporter handbook.’’
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§ 216.30 [Amended] designations ‘‘(f)(1) and (f)(2)’’ after the PART 227—DELEGATION TO STATES 20. In § 216.30, last sentence, remove cross-reference ‘‘§ 218.51.’’ 36. The authority citation for part 227 the year ‘‘1980’’ and add in its place the § 218.150 [Amended] continues to read as follows: year ‘‘1995.’’ 27. In § 218.150, paragraph (c), first Authority: 30 U.S.C. 1735, 30 U.S.C. 196; PART 217—AUDITS AND sentence, remove the paragraph Pub. L. 102–154. INSPECTIONS designations ‘‘(f)(1) and (f)(2)’’ after the § 227.103 [Amended] cross-reference ‘‘§ 218.51.’’ 21. The authority citation for part 217 37. In § 227.103, first sentence, continues to read as follows: § 218.151 [Amended] remove the word ‘‘Royalty’’ and add in Authority: 35 Stat. 312, 35 Stat. 781, as 28. In § 218.151, paragraph (c), second its place ‘‘Minerals Revenue.’’ amended; secs. 32, 6, 26, 41 Stat. 450, 753, sentence, remove the word ‘‘segreation’’ § 227.110 [Amended] 1248; secs. 1, 2, 3, 44 Stat 301, as amended; and add in its place ‘‘segregation.’’ secs. 6, 3, 44 Stat. 659, 710; secs. 1, 2, 3, 44 38. In § 227.110, paragraph (b), second Stat. 1057; 47 Stat. 1487; 49 Stat. 1482, 1250, § 218.155 [Amended] sentence, and paragraph (e), remove the 1967, 2026; 52 Stat. 347; sec. 10, 53 Stat. word ‘‘Royalty’’ and add in its place 29. Amend § 218.155 as follows: 1196, as amended; 56 Stat. 273; sec. 10, 61 ‘‘Minerals Revenue.’’ Stat. 915; sec. 3, 63 Stat. 683; 64 Stat. 311; a. In paragraph (a), first sentence, 25 U.S.C. 396, 396a–f, 30 U.S.C. 189, 271, remove the words ‘‘of this part’’ after the § 227.401 [Amended] 281, 293, 359. Interpret or apply secs. 5, 5, cross-reference ‘‘§ 218.51.’’ 39. In § 227.401, paragraph (f), remove 44 Stat. 302, 1058, as amended; 58 Stat. 483– 485; 5 U.S.C. 301, 16 U.S.C. 508b, 30 U.S.C. b. In paragraph (d)(3), remove the the words ‘‘the PAAS Onshore Oil and 189, 192c, 271, 281, 293, 359, 43 U.S.C. 387, paragraph designations ‘‘(f)(1) and Gas Reporter Handbook, the PAAS unless otherwise noted. (f)(2)’’ after the cross-reference Reporter Handbook-Lease, Facility/ ‘‘§ 218.51.’’ Measurement Point, and Gas Plant § 217.200 [Amended] Operators’’ and add in their place ‘‘the § 218.202 [Amended] 22. In § 217.200, in the first, third and production reporter handbook.’’ last sentences, remove the word 30. In § 218.202, paragraph (b), first § 227.501 [Amended] ‘‘Royalty’’ and add in its place sentence, remove the paragraph ‘‘Minerals Revenue.’’ designations ‘‘(f)(1) and (f)(2)’’ after the 40. In § 227.501, paragraph (c), cross-reference ‘‘218.51’’ and add a remove the words ‘‘into the Auditing PART 218—COLLECTION OF section symbol before ‘‘218.51.’’ and Financial System (AFS) and the ROYALTIES, RENTALS, BONUSES Production Accounting and Auditing AND OTHER MONIES DUE THE § 218.302 [Amended] System (PAAS).’’ FEDERAL GOVERNMENT 31. In § 218.302, paragraph (b), first PART 228—COOPERATIVE sentence, remove the paragraph 23. The authority citation for part 218 ACTIVITIES WITH STATES AND designations ‘‘(f)(1) and (f)(2)’’ after the continues to read as follows: INDIAN TRIBES cross-reference ‘‘§ 218.51.’’ Authority: 25 U.S.C. 396 et seq., 396a et 41. The authority citation for part 228 seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 PART 219—DISTRIBUTION AND continues to read as follows: et seq., 1001 et seq., 1701 et seq.; 31 U.S.C.A. DISBURSEMENT OF ROYALTIES, 3335; 43 U.S.C. 1301 et seq., 1331 et seq., RENTALS, AND BONUSES Authority: Sec. 202, Pub. L. 97–451, 96 1801 et seq. Stat. 2457 (30 U.S.C. 1732). § 218.51 [Amended] 32. The authority citation for part 219 § 228.6 [Amended] continues to read as follows: 24. Amend § 218.51 as follows: 42. In § 228.6, in the definition of a. In paragraph (g)(1), first sentence, Authority: Section 104, Pub. L. 97–451, 96 ‘‘audit,’’ last sentence, remove the remove the cross-reference ‘‘30 CFR Stat. 2451 (30 U.S.C. 1714). words ‘‘the Auditing and Financial 243.2, Suspensions of orders or § 219.102 [Amended] System and the Production Accounting decisions pending appeal,’’ and add in and Auditing System.’’ its place ‘‘part 243 of this chapter.’’ 33. In § 219.102, last sentence, remove b. In paragraph (h)(2), remove the the words ‘‘Royalty Management PART 230—RECOUPMENTS AND cross-reference ‘‘30 CFR 241.20 and Program’’ and add in their place REFUNDS [Removed and Reserved] 241.51’’ and add in its place ‘‘part 241 ‘‘Minerals Revenue Management.’’ 43. Remove and reserve Part 230— of this chapter.’’ PART 220—ACCOUNTING Recoupments and Refunds. § 218.53 [Amended] PROCEDURES FOR DETERMINING PART 241—PENALTIES 25. Amend § 218.53 as follows: NET PROFIT SHARE PAYMENT FOR a. In paragraph (b), second sentence, OUTER CONTINENTAL SHELF OIL 44. The authority citation for part 241 remove the words ‘‘‘Oil and Gas Payor AND GAS LEASES is revised to read as follows: Handbook,’’’ and add in their place Authority: 25 U.S.C. 396 et seq., 396a et ‘‘revenue reporter handbook.’’ 34. The authority citation for part 220 continues to read as follows: seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 b. In paragraph (b), third sentence, et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. remove the cross-reference ‘‘30 CFR Authority: Sec. 205, Pub. L. 95–372, 92 1301 et seq., 1331 et seq., 1801 et seq. 210.53’’ and add in its place ‘‘part 210 Stat. 643 (43 U.S.C. 1337). § 241.54 [Amended] of this chapter.’’ § 220.011 [Amended] 45. In § 241.54, first sentence, remove § 218.102 [Amended] 35. In § 220.011, paragraph (c)(1), first the words ‘‘4015 Wilson Boulevard,’’ 26. In § 218.102, paragraph (b), first sentence, remove the word ‘‘furnish’’ and add in their place ‘‘801 North sentence, remove the paragraph and add in its place ‘‘furnished.’’ Quincy Street.’’
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§ 241.56 [Amended] intervals of up to four-hours to pass any DEPARTMENT OF TRANSPORTATION 46. In § 241.56, paragraph (b), remove vessels that may be waiting for an the words ‘‘4015 Wilson Boulevard,’’ opening. Presently, the draw is required Coast Guard and add in their place ‘‘801 North to open on signal. This temporary Quincy Street.’’ deviation will allow for the replacement 33 CFR Part 117 of the balance rail on the pivot pier. [CGD08–02–008] § 241.62 [Amended] DATES: This deviation is effective from 47. In § 241.62, first sentence, remove Drawbridge Operating Regulation; 6 a.m. on Monday, April 29, 2002 until the words ‘‘4015 Wilson Boulevard,’’ Bayou Boeuf, LA 7 p.m. on Friday, May 31, 2002. and add in their place ‘‘801 North AGENCY: Coast Guard, DOT. Quincy Street.’’ ADDRESSES: Unless otherwise indicated, ACTION: Notice of temporary deviation documents referred to in this notice are § 241.64 [Amended] from regulations. available for inspection or copying at 48. In § 241.64, paragraph (b), remove the office of the Eighth Coast Guard SUMMARY: The Commander, Eighth the words ‘‘4015 Wilson Boulevard,’’ District, Bridge Administration Branch, Coast Guard District has issued a and add in their place ‘‘801 North Commander (obc), 501 Magazine Street, temporary deviation from the regulation Quincy Street.’’ New Orleans, Louisiana, 70130–3396. in 33 CFR 117 governing the operation The Bridge Administration Branch of the Burlington Northern Santa Fe PART 243—SUSPENSIONS PENDING Railway railroad swing span drawbridge APPEAL AND BONDING— MINERALS maintains the public docket for this across Bayou Boeuf, mile 10.2, near REVENUE MANAGEMENT temporary deviation. Amelia, Louisiana. This deviation FOR FURTHER INFORMATION CONTACT: Phil allows the Burlington Northern Santa Fe 49. The authority citation for part 243 Johnson, Bridge Administration Branch, continues to read as follows: Railway to close the bridge to navigation telephone (504) 589–2965. from 8 a.m. until 2 p.m., from 4 p.m. Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. SUPPLEMENTARY INFORMATION: The until 10 p.m. and from midnight until 396 et seq., 396a et seq., 2101 et seq.; 30 6 a.m. daily from June 3, 2002 through U.S.C. 181 et seq., 351 et seq., 1001 et seq., Burlington Northern Santa Fe Railway 1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 railroad swing span drawbridge across June 10, 2002. Presently, the draw is et seq., 1331 et seq., and 1801 et seq. Bayou Boeuf, mile 10.2, near Amelia, required to open on signal. This temporary deviation will allow for the 50. Revise the heading of part 243 to Louisiana, has a vertical clearance in the replacement of the pinion gear and read as set forth above. closed-to-navigation position of 6 feet segment rack. above high water and unlimited § 243.3 [Amended] clearance in the open-to-navigation DATES: This deviation is effective from 51. In § 243.3, in the definition of position. Navigation on the waterway 8 a.m. on Monday, June 3, 2002 until 10 ‘‘MMS bond-approving officer,’’ remove consists of small tugs with tows, fishing p.m. on Monday, June 10, 2002. the word ‘‘Royalty’’ and add in its place vessels, and recreational craft. Presently, ADDRESSES: Unless otherwise indicated, ‘‘Minerals Revenue.’’ the draw opens on signal. documents referred to in this notice are available for inspection or copying at [FR Doc. 02–9242 Filed 4–17–02; 8:45 am] The Burlington Northern Santa Fe the office of the Eighth Coast Guard BILLING CODE 4310–MR–P Railway requested a temporary District, Bridge Administration Branch, deviation for the operation of the Commander (obc), 501 Magazine Street, drawbridge to accommodate New Orleans, Louisiana, 70130–3396. DEPARTMENT OF TRANSPORTATION maintenance work. The work involves The Bridge Administration Branch removing and replacing the balance rail maintains the public docket for this Coast Guard on the pivot pier. This work is essential temporary deviation. for continued operation of the draw 33 CFR Part 117 FOR FURTHER INFORMATION CONTACT: Phil span of the bridge. Johnson, Bridge Administration Branch, [CGD08–02–007] This deviation allows the draw of the telephone (504) 589–2965. Drawbridge Operating Regulation; Burlington Northern Santa Fe Railway SUPPLEMENTARY INFORMATION: The Bayou Boeuf, LA railroad swing span drawbridge across Burlington Northern Santa Fe Railway Bayou Boeuf, mile 10.2, near Amelia, railroad swing span drawbridge across AGENCY: Coast Guard, DOT. Louisiana, to remain closed to Bayou Boeuf, mile 10.2, near Amelia, ACTION: Notice of temporary deviation navigation from 6 a.m. until 7 p.m. daily Louisiana, has a vertical clearance in the from regulations. from April 29, 2002 through May 31, closed-to-navigation position of 6 feet 2002. During this period, the bridge will above high water and unlimited SUMMARY: The Commander, Eighth be opened in intervals of up to four- clearance in the open-to-navigation Coast Guard District has issued a hours to pass any vessels that may be position. Navigation on the waterway temporary deviation from the regulation waiting for an opening. consists of small tugs with tows, fishing in 33 CFR 117 governing the operation vessels, and recreational craft. Presently, of the Burlington Northern Santa Fe Dated: April 5, 2002. the draw opens on signal. Railway railroad swing span drawbridge Roy J. Casto, The Burlington Northern Santa Fe across Bayou Boeuf, mile 10.2, near Rear Admiral, U.S. Coast Guard, Commander, Railway requested a temporary Amelia, Louisiana. This deviation Eighth Coast Guard District. deviation for the operation of the allows the Burlington Northern Santa Fe [FR Doc. 02–9411 Filed 4–17–02; 8:45 am] drawbridge to accommodate Railway to close the bridge to navigation BILLING CODE 4910–15–P maintenance work. The work involves from 6 a.m. until 7 p.m. daily from April removing and replacing the pinion gear, 29, 2002 through May 31, 2002. During removing the segment rack, resurfacing this period, the bridge will be opened in the segment area and anchoring a new
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segment rack to the pier. This work is SUPPLEMENTARY INFORMATION: This official record includes the essential for continued operation of the documents that are physically located in I. General Information draw span of the bridge. the docket, as well as the documents This deviation allows the draw of the A. Does this Action Apply to Me? that are referenced in those documents. Burlington Northern Santa Fe Railway You may be affected by this action if The public version of the official record railroad swing span drawbridge across you are an agricultural producer, food does not include any information Bayou Boeuf, mile 10.2, near Amelia, manufacturer, or pesticide claimed as CBI. The public version of Louisiana, to remain closed to manufacturer. Potentially affected the official record, which includes navigation from 8 a.m. until 2 p.m., categories and entities may include, but printed, paper versions of any electronic from 4 p.m. until 10 p.m. and from are not limited to: comments submitted during an midnight until 6 a.m. daily from June 3, applicable comment period is available 2002 through June 10, 2002. Examples of poten- for inspection in the Public Information Categories NAICS tially affected enti- Dated: April 5, 2002. codes and Records Integrity Branch (PIRIB), ties Rm. 119, Crystal Mall #2, 1921 Jefferson Roy J. Casto, Davis Hwy., Arlington, VA, from 8:30 Rear Admiral, U.S. Coast Guard, Commander, Industry 111 Crop production 112 Animal production a.m. to 4 p.m., Monday through Friday, Eighth Coast Guard District. excluding legal holidays. The PIRIB [FR Doc. 02–9412 Filed 4–17–02; 8:45 am] 311 Food manufac- 32532 turing telephone number is (703) 305–5805. BILLING CODE 4910–15–P Pesticide manufac- II. Background and Statutory Findings turing In the Federal Register of February 8, ENVIRONMENTAL PROTECTION This listing is not intended to be 2002 (67 FR 6028) (FRL–6821–2), EPA AGENCY exhaustive, but rather provides a guide issued a notice pursuant to section 408 for readers regarding entities likely to be of the Federal Food, Drug, and Cosmetic 40 CFR Part 180 affected by this action. Other types of Act (FFDCA), 21 U.S.C. 346a, as [OPP–301228; FRL–6829–9] entities not listed in the table could also amended by the Food Quality Protection be affected. The North American Act of 1996 (FQPA) (Public Law 104– RIN 2070–AB78 Industrial Classification System 170), announcing the filing of pesticide petitions (PP 1E6339, 1E6341, and Fenhexamid; Pesticide Tolerance (NAICS) codes have been provided to assist you and others in determining 1E6343) by IR-4, 681 US Highway #1 AGENCY: Environmental Protection whether or not this action might apply South, North Brunswick, NJ 08902– Agency (EPA). to certain entities. If you have questions 3390. This notice included a summary ACTION: Final rule. regarding the applicability of this action of the petitions prepared by Tomen to a particular entity, consult the person Agro, Incorporated, the registrant. There SUMMARY: This regulation establishes listed under FOR FURTHER INFORMATION were no comments received in response tolerances for residues of fenhexamid in CONTACT. to the notice of filing. or on caneberry subgroup, bushberry The petitions requested that 40 CFR B. How Can I Get Additional subgroup, juneberry, lingonberry, salal, 180.553 be amended by establishing Information, Including Copies of this and pistachio. The Interregional tolerances for residues of the fungicide Document and Other Related Research Project Number 4 (IR-4) fenhexamid, (N-2,3-dichloro-4- Documents? requested these tolerances under the hydroxyphenyl)-1-methyl Federal Food, Drug, and Cosmetic Act, 1. Electronically. You may obtain cyclohexanecarboxamide), in or on food as amended by the Food Quality electronic copies of this document, and commodities as follows: Protection Act of 1996. certain other related documents that 1. PP 1E6339 proposed a tolerance for might be available electronically, from DATES: This regulation is effective April caneberry (corrected to read caneberry 18, 2002. Objections and requests for the EPA Internet Home Page at http:// subgroup) at 20 part per million (ppm), 2. PP 1E6341 proposed tolerances for hearings, identified by docket control www.epa.gov/. To access this document, on the Home Page select bushberry (corrected to read bushberry number OPP–301228, must be received ‘‘Laws and Regulations’’, ‘‘Regulations subgroup) at 5.0 ppm, juneberry at 5.0 on or before June 17, 2002. and Proposed Rules,’’ and then look up ppm, longanberry (corrected to read ADDRESSES: Written objections and the entry for this document under the lingonberry) at 5.0 ppm, and salal at 5.0 hearing requests may be submitted by ‘‘Federal Register—Environmental ppm, and mail, in person, or by courier. Please Documents.’’ You can also go directly to 3. PP 1E6343 proposed a tolerance for follow the detailed instructions for each the Federal Register listings at http:// pistachio at 0.02 ppm. method as provided in Unit VI. of the www.epa.gov/fedrgstr/. A frequently Section 408(b)(2)(A)(i) of the FFDCA SUPPLEMENTARY INFORMATION. To ensure updated electronic version of 40 CFR allows EPA to establish a tolerance (the proper receipt by EPA, your objections part 180 is available at http:// legal limit for a pesticide chemical and hearing requests must identify www.access.gpo.gov/nara/cfr/ residue in or on a food) only if EPA docket control number OPP–301228 in cfrhtml_00/Title_40/40cfr180_00.html, a determines that the tolerance is ‘‘safe.’’ the subject line on the first page of your beta site currently under development. Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to response. 2. In person. The Agency has mean that ‘‘there is a reasonable FOR FURTHER INFORMATION CONTACT: By established an official record for this certainty that no harm will result from mail: Shaja R. Brothers, Registration action under docket control number aggregate exposure to the pesticide Division (7505C), Office of Pesticide OPP–301228. The official record chemical residue, including all Programs, Environmental Protection consists of the documents specifically anticipated dietary exposures and all Agency, 1200 Pennsylvania Ave., referenced in this action, and other other exposures for which there is NW.,Washington, DC 20460; telephone information related to this action, reliable information.’’ This includes number: (703) 308–3194; e-mail address: including any information claimed as exposure through drinking water and in [email protected]. Confidential Business Information (CBI). residential settings, but does not include
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occupational exposure. Section the relationship of the results of the to the RfD by dividing the RfD by such 408(b)(2)(C) requires EPA to give special studies to human risk. EPA has also additional factor. The acute or chronic consideration to exposure of infants and considered available information Population Adjusted Dose (aPAD or children to the pesticide chemical concerning the variability of the cPAD) is a modification of the RfD to residue in establishing a tolerance and sensitivities of major identifiable accommodate this type of FQPA Safety to ‘‘ensure that there is a reasonable subgroups of consumers, including Factor. certainty that no harm will result to infants and children. The nature of the For non-dietary risk assessments infants and children from aggregate toxic effects caused by fenhexamid are (other than cancer) the UF is used to exposure to the pesticide chemical discussed in Unit II.A. of the Final Rule determine the LOC. For example, when residue....’’ on Fenhexamid Pestcide Tolerance 100 is the appropriate UF (10X to EPA performs a number of analyses to published in the Federal Register of account for interspecies differences and determine the risks from aggregate April 13, 2000 (65 FR 19842) (FRL– 10X for intraspecies differences) the exposure to pesticide residues. For 6553–7). LOC is 100. To estimate risk, a ratio of the NOAEL to exposures (margin of further discussion of the regulatory B. Toxicological Endpoints requirements of section 408 and a exposure (MOE) = NOAEL/exposure) is complete description of the risk The dose at which no adverse effects calculated and compared to the LOC. assessment process, see the final rule on are observed (the NOAEL) from the The linear default risk methodology Bifenthrin Pesticide Tolerances (62 FR toxicology study identified as (Q*) is the primary method currently 62961, November 26, 1997) (FRL–5754– appropriate for use in risk assessment is used by the Agency to quantify 7). used to estimate the toxicological level carcinogenic risk. The Q* approach of concern (LOC). However, the lowest assumes that any amount of exposure III. Aggregate Risk Assessment and dose at which adverse effects of concern will lead to some degree of cancer risk. Determination of Safety are identified (the LOAEL) is sometimes A Q* is calculated and used to estimate Consistent with section 408(b)(2)(D), used for risk assessment if no NOAEL risk which represents a probability of EPA has reviewed the available was achieved in the toxicology study occurrence of additional cancer cases scientific data and other relevant selected. An uncertainty factor (UF) is (e.g., risk is expressed as 1 × 10-6 or one information in support of these actions. applied to reflect uncertainties inherent in a million). Under certain specific EPA has sufficient data to assess the in the extrapolation from laboratory circumstances, MOE calculations will hazards of and to make a determination animal data to humans and in the be used for the carcinogenic risk on aggregate exposure, consistent with variations in sensitivity among members assessment. In this non-linear approach, section 408(b)(2), for tolerances for of the human population as well as a ‘‘point of departure’’ is identified residues of fenhexamid on caneberry other unknowns. An UF of 100 is below which carcinogenic effects are subgroup at 20 ppm, bushberry routinely used, 10X to account for not expected. The point of departure is subgroup at 5.0 ppm, juneberry at 5.0 interspecies differences and 10X for typically a NOAEL based on an ppm, lingonberry at 5.0 ppm, salal at 5.0 intra species differences. endpoint related to cancer effects ppm, and pistachio at 0.02 ppm. EPA’s For dietary risk assessment (other though it may be a different value assessment of exposures and risks than cancer) the Agency uses the UF to derived from the dose response curve. associated with establishing these calculate an acute or chronic reference To estimate risk, a ratio of the point of tolerances follow. dose (acute RfD or chronic RfD) where departure to exposure (MOEcancer = point the RfD is equal to the NOAEL divided of departure/exposures) is calculated. A A. Toxicological Profile by the appropriate UF (RfD = NOAEL/ summary of the toxicological endpoints EPA has evaluated the available UF). Where an additional safety factor is for fenhexamid used for human risk toxicity data and considered its validity, retained due to concerns unique to the assessment is shown in the following completeness, and reliability as well as FQPA, this additional factor is applied Table 1:
TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FENHEXAMID FOR USE IN HUMAN RISK ASSESSMENT
Dose Used in Risk Assess- FQPA SF* and Level of Exposure Scenario ment, UF Concern for Risk Assess- Study and Toxicological Effects ment
Acute Dietary None Not Applicable Available studies do not indicate the possibility of an acute effect as a result of a one-day or single exposure.
Chronic Dietary all populations NOAEL= 17 mg/kg/day FQPA SF = 3X ...... Dog-1 Year Feeding Study UF = 100 ...... cPAD = chronic RfD/FQPA NOAEL = 17 mg/kg/day based on decreased Chronic RfD = 0.17 mg/kg/ SF = 0.057 mg/kg/day. RBC count, hemoglobin and hematocrit and day. increased Heinz bodies in males and fe- males; increased adrenal weights and intracytoplasmic vacuoles in adrenal cortex in females.
Short-Term Dermal (1 to 7 days) dermal study NOAEL= LOC for MOE = 100 (Der- Rabbit - 21 Day Dermal 1,000 mg/kg/day (HDT) mal) LOAEL = 1,500 mg/kg/day based on de- (dermal) absorption rate = creased body weight gain and food con- 20%). sumption. NOAEL= 500 mg/kg/day (dermal equivalent dose).
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TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FENHEXAMID FOR USE IN HUMAN RISK ASSESSMENT—Continued
FQPA SF* and Level of Exposure Scenario Dose Used in Risk Assess- Concern for Risk Assess- Study and Toxicological Effects ment, UF ment
Intermediate-Term Dermal (1 dermal study NOAEL = LOC for MOE = 100 (Der- Rabbit- 21 Day Dermal week to several months) 1,000 mg/kg/day HDT mal) LOAEL = 1,500 mg/kg/day based on de- (Residential) (dermal) absorption rate = creased body weight gain and food con- 20%). sumption. NOAEL= 500 mg/kg/day (dermal equivalent dose).
Long-Term Dermal (several None Not Applicable None. The use pattern does not indicate a po- months to lifetime) tential long-term dermal exposure. This risk assessment was not performed.
Cancer (oral, dermal, inhalation) None Not Applicable Fenhexamid is classified as a not likely human carcinogen based on the lack of evidence of carcinogenicity in mice and rats and the lack of genotoxicity in a battery of mutagenicity studies. *The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique to the FQPA.
C. Exposure Assessment analysis incorporated all the current, None of these models include 1. Dietary exposure from food and pending, and proposed tolerances for consideration of the impact processing feed uses. Tolerances have been fenhexamid. Percent of crop treated and (mixing, dilution, or treatment) of raw established (40 CFR 180.553) for the anticipated residues were not used for water for distribution as drinking water residues of fenhexamid, in or on the this assessment. would likely have on the removal of following raw agricultural commodities: iii. Cancer. Fenhexamid has been pesticides from the source water. The almond, hull at 2.0 ppm; almond, classified as a not likely human primary use of these models by the nutmeat at 0.02 ppm; grapes at 4.0 ppm; carcinogen. Agency at this stage is to provide a plum (fresh prune) at 0.5 ppm; prune, 2. Dietary exposure from drinking coarse screen for sorting out pesticides dried at 1.0 ppm; raisins at 6.0 ppm; water. The Agency lacks sufficient for which it is highly unlikely that stone fruit, except plum (fresh prune) at monitoring exposure data to complete a drinking water concentrations would 6.0 ppm; and strawberries at 3.0 ppm. comprehensive dietary exposure ever exceed human health levels of A time-limited tolerance has been analysis and risk assessment for concern. established for pears at 15 ppm. The fenhexamid in drinking water. Because Since the models used are considered tolerance will expire on December 31, the Agency does not have to be screening tools in the risk 2002. Risk assessments were conducted comprehensive monitoring data, assessment process, the Agency does by EPA to assess dietary exposures from drinking water concentration estimates not use estimated environmental fenhexamid in food as follows: are made by reliance on simulation or concentrations (EECs) from these i. Acute exposure. Acute dietary risk modeling taking into account data on models to quantify drinking water assessments are performed for a food- the physical characteristics of exposure and risk as a %RfD or %PAD. use pesticide if a toxicological study has fenhexamid. Instead, drinking water levels of indicated the possibility of an effect of The Agency uses the First Index comparison (DWLOCs) are calculated concern occurring as a result of a one Reservoir Screening Tool (FIRST) or the and used as a point of comparison day or single exposure. An acute risk Pesticide Root Zone/Exposure Analysis against the model estimates of a assessment was not performed. No Modeling System (PRZM/EXAMS), to pesticide’s concentration in water. toxicological endpoint attributable to a produce estimates of pesticide DWLOCs are theoretical upper limits on single (acute) dietary exposure was concentrations in an index reservoir. a pesticide’s concentration in drinking identified. The screening concentrtion in water in light of total aggregate exposure ii. Chronic exposure.In conducting groundwater (SCI-GROW) model is used to a pesticide in food, and from this chronic dietary risk assessment the to predict pesticide concentrations in residential uses. Since DWLOCs address Dietary Exposure Evaluation Model shallow groundwater. For a screening- total aggregate exposure to fenhexamid (DEEM) analysis evaluated the level assessment for surface water EPA they are further discussed in the individual food consumption as will use FIRST (a tier 1 model) before aggregate risk sections in Unit III.E. reported by respondents in the USDA using PRZM/EXAMS (a tier 2 model). In soil, fenhexamid is relatively 1989–1992 nationwide Continuing The FIRST model is a subset of the immobile and non-persistent. Surveys of Food Intake by Individuals PRZM/EXAMS model that uses a Fenhexamid is not expected to be a (CSFII) and accumulated exposure to specific high-end runoff scenario for ground water contaminant, but has the chemical for each commodity. The pesticides. While both FIRST and some potential to reach surface water on following assumptions were made for PRZM/EXAMS incorporate an index eroded soil particles. In surface water, the chronic exposure assessments: A reservoir environment, the PRZM/ fenhexamid would be expected to Tier 1 (assumptions: tolerance level EXAMS model includes a percent crop photodegrade rapidly. residues and 100% crop treated) chronic area factor as an adjustment to account Based on the FIRST and SCI-GROW dietary exposure analysis was for the maximum percent crop coverage models the estimated environmental performed using the DEEM. The within a watershed or drainage basin. concentrations (EECs) of fenhexamid for
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acute and chronic surface water 2. Prenatal and postnatal sensitivity. v. Adequate data are available or exposures are estimated to be 28.7 parts The toxicology data base is complete for conservative modeling assumptions are per billion (ppb) and 1.14 ppb, the assessment of the effects of used to assess dietary food and drinking respectively. The EECs for acute and fenhexamid following in utero and/or water exposure. chronic ground water exposure is postnatal exposure. There is no vi. There are currently no residential estimated to be 0.0007 ppb. indication of increased susceptibility to uses for fenhexamid. 3. From non-dietary exposure. The in utero exposure in the prenatal E. Aggregate Risks and Determination of term ‘‘residential exposure’’ is used in developmental toxicity studies with Safety this document to refer to non- fenhexamid. In the prenatal occupational, non-dietary exposure developmental toxicity study in rats, no To estimate total aggregate exposure (e.g., for lawn and garden pest control, evidence of developmental toxicity was to a pesticide from food, drinking water, indoor pest control, termiticides, and seen even at the highest dose tested. In and residential uses, the Agency flea and tick control on pets). the prenatal developmental toxicity calculates DWLOCs which are used as a Fenhexamid is not registered for use study in rabbits, developmental toxicity point of comparison against the model on any sites that would result in was seen only in the presence of estimates of a pesticide’s concentration residential exposure. maternal toxicity. In the two-generation in water (EECs). DWLOC values are not 4. Cumulative exposure to substances reproduction study in rats, regulatory standards for drinking water. with a common mechanism of toxicity. quantitatively (i.e., based on NOAELs/ DWLOCs are theoretical upper limits on Section 408(b)(2)(D)(v) requires that, LOAELs in parental animals versus a pesticide’s concentration in drinking when considering whether to establish, offspring), there was no evidence of water in light of total aggregate exposure modify, or revoke a tolerance, the increased susceptibility of the pups. to a pesticide in food and residential Agency consider ‘‘available Qualitatively, however, there was uses. In calculating a DWLOC, the information’’ concerning the cumulative evidence of increased susceptibility Agency determines how much of the effects of a particular pesticide’s based on the comparative severity of acceptable exposure (i.e., the PAD) is residues and ‘‘other substances that effects at the LOAEL (406 mg/kg/day): available for exposure through drinking have a common mechanism of toxicity.’’ Parental toxicity was characterized as water [e.g., allowable chronic water EPA does not have, at this time, alterations in clinical chemistry exposure (mg/kg/day) = cPAD - (average available data to determine whether parameters and decreased organ weights food + residential exposure)]. This fenhexamid has a common mechanism without collaborative histopathology; allowable exposure through drinking of toxicity with other substances or how while offspring toxicity was manifested water is used to calculate a DWLOC. to include this pesticide in a cumulative as significantly decreased pup body A DWLOC will vary depending on the risk assessment. Unlike other pesticides weights in both generations during the toxic endpoint, drinking water for which EPA has followed a lactation period (on lactation days 7, 14, consumption, and body weights. Default body weights and consumption values cumulative risk approach based on a and 21 in the F2 generation and as used by the USEPA Office of Water common mechanism of toxicity, lactation days 14 and 21 in the F1 fenhexamid does not appear to produce generation offspring). are used to calculate DWLOCs: 2L/70 kg a toxic metabolite produced by other 3. Conclusion. There is a complete (adult male), 2L/60 kg (adult female), substances. For the purposes of this toxicity data base for fenhexamid and and 1L/10 kg (child). Default body tolerance action, therefore, EPA has not exposure data are complete or are weights and drinking water assumed that fenhexamid has a common estimated based on data that reasonably consumption values vary on an mechanism of toxicity with other accounts for potential exposures. EPA individual basis. This variation will be substances. For information regarding determined that the 10X safety factor to taken into account in more refined EPA’s efforts to determine which protect infants and children should be screening-level and quantitative chemicals have a common mechanism reduced to 3X. The 3X safety factor is drinking water exposure assessments. of toxicity and to evaluate the appropriate for the chronic dietary Different populations will have different cumulative effects of such chemicals, assessment and is applicable to all DWLOCs. Generally, a DWLOC is see the final rule for Bifenthrin Pesticide populations, which includes infants and calculated for each type of risk Tolerances (62 FR 62961, November 26, children. The FQPA factor is reduced assessment used: acute, short-term, 1997). because: intermediate-term, chronic, and cancer. i. The increased susceptibility When EECs for surface water and D. Safety Factor for Infants and groundwater are less than the calculated Children demonstrated in the two-generation reproduction study was only qualitative DWLOCs, the Office of Pesticide 1. In general. FFDCA section 408 (not quantitative) evidence and was Programs (OPP) concludes with provides that EPA shall apply an observed only in the presence of reasonable certainty that exposures to additional tenfold margin of safety for parental toxicity. the pesticide in drinking water (when infants and children in the case of ii. The qualitative offspring effect was considered along with other sources of threshold effects to account for prenatal limited to decreased body weight and exposure for which OPP has reliable and postnatal toxicity and the no other adverse effects (e.g., decreased data) would not result in unacceptable completeness of the data base on pup survival, behavioral alterations, etc) levels of aggregate human health risk at toxicity and exposure unless EPA were observed. this time. Because OPP considers the determines that a different margin of iii. The toxicology data base is aggregate risk resulting from multiple safety will be safe for infants and complete for the assessment of the exposure pathways associated with a children. Margins of safety are effects of fenhexamid following in utero pesticide’s uses, levels of comparison in incorporated into EPA risk assessments and/or postnatal exposure. drinking water may vary as those uses either directly through use of a margin iv. There is no indication of increased change. If new uses are added in the of exposure (MOE) analysis or through susceptibility of rat or rabbit fetuses to future, OPP will reassess the potential using uncertainty (safety) factors in in utero exposure in the prenatal impacts of residues of the pesticide in calculating a dose level that poses no developmental toxicity studies with drinking water as a part of the aggregate appreciable risk to humans. fenhexamid. risk assessment process.
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1. Acute risk. An acute risk that exposure to fenhexamid from food is potential for chronic dietary exposure assessment was not performed. No will utilize 7% of the cPAD for the U.S. to fenhexamid in drinking water. After toxicological endpoint attributable to a population, 66% of the cPAD for all calculating DWLOCs and comparing single (acute) dietary exposure was infants < 1 year old and 17% of the them to the EECs for surface and ground identified. cPAD for children 1–6 years old. There water, EPA does not expect the 2. Chronic risk. Using the exposure are no residential uses for fenhexamid aggregate exposure to exceed 100% of assumptions described in this unit for that result in chronic residential the cPAD, as shown in the following chronic exposure, EPA has concluded exposure to fenhexamid. However, there Table 2:
TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO FENHEXAMID
Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)
U.S. Population 0.057 7 1.14 0.0007 1,850
All infants < 1 year old 0.057 66 1.14 0.0007 190
Children 1–6 years old 0.057 17 1.14 0.0007 470
Females (13–50 years) 0.057 4 1.14 0.0007 1,650
3. Short-term risk. Short-term 305–20905; e-mail address: 178. To ensure proper receipt by EPA, aggregate exposure takes into account [email protected]. you must identify docket control residential exposure plus chronic number OPP–301228 in the subject line V. Conclusion exposure to food and water (considered on the first page of your submission. All to be a background exposure level). Therefore, the tolerances are requests must be in writing, and must be Although short-term endpoints were established for residues of fenhexamid, mailed or delivered to the Hearing Clerk identifiable, there are no residential (N-2,3-dichloro-4-hydroxyphenyl)-1- on or before June 17, 2002. uses for fenhexamid. Thus, a short-term methyl cyclohexanecarboxamide), in or 1. Filing the request. Your objection risk assessment was not performed. on caneberry subgroup at 20 part per must specify the specific provisions in 4. Intermediate-term risk. million (ppm), bushberry subgroup at the regulation that you object to, and the Intermediate-term aggregate exposure 5.0 ppm, juneberry at 5.0 ppm, grounds for the objections (40 CFR takes into account residential exposure lingonberry at 5.0 ppm, salal at 5.0 ppm, 178.25). If a hearing is requested, the plus chronic exposure to food and water and pistachio at 0.02 ppm. objections must include a statement of (considered to be a background the factual issues(s) on which a hearing exposure level). Although intermediate- VI. Objections and Hearing Requests is requested, the requestor’s contentions term endpoints were identifiable, there Under section 408(g) of the FFDCA, as on such issues, and a summary of any are no residential uses for fenhexamid. amended by the FQPA, any person may evidence relied upon by the objector (40 Thus, an intermediate-term risk file an objection to any aspect of this CFR 178.27). Information submitted in assessment was not performed. regulation and may also request a connection with an objection or hearing 5. Aggregate cancer risk for U.S. hearing on those objections. The EPA request may be claimed confidential by population. A cancer (chronic) dietary procedural regulations which govern the marking any part or all of that risk assessment was not conducted for submission of objections and requests information as CBI. Information so fenhexamid. EPA has classified for hearings appear in 40 CFR part 178. marked will not be disclosed except in fenhexamid as a not likely human Although the procedures in those accordance with procedures set forth in carcinogen. regulations require some modification to 40 CFR part 2. A copy of the 6. Determination of safety. Based on reflect the amendments made to the information that does not contain CBI these risk assessments, EPA concludes FFDCA by the FQPA of 1996, EPA will must be submitted for inclusion in the that there is a reasonable certainty that continue to use those procedures, with public record. Information not marked no harm will result to the general appropriate adjustments, until the confidential may be disclosed publicly population, and to infants and children necessary modifications can be made. by EPA without prior notice. from aggregate exposure to fenhexamid The new section 408(g) provides Mail your written request to: Office of residues. essentially the same process for persons the Hearing Clerk (1900), Environmental IV. Other Considerations to ‘‘object’’ to a regulation for an Protection Agency, 1200 Pennsylvania exemption from the requirement of a Ave., NW., Washington, DC 20460. You A. Analytical Enforcement Methodology tolerance issued by EPA under new may also deliver your request to the Bayer AG Method 00362 has section 408(d), as was provided in the Office of the Hearing Clerk in Rm. C400, previously undergone a successful old FFDCA sections 408 and 409. Waterside Mall, 401 M St., SW., method trial and method validation, and However, the period for filing objections Washington, DC 20460. The Office of is the enforcement method for all the is now 60 days, rather than 30 days. the Hearing Clerk is open from 8 a.m. fenhexamid established tolerances. The to 4 p.m., Monday through Friday, A. What Do I Need to Do to File an method may be requested from: Francis excluding legal holidays. The telephone Objection or Request a Hearing? Griffith, Analytical Chemistry Branch, number for the Office of the Hearing Environmental Science Center, You must file your objection or Clerk is (202) 260–4865. Environmental Protection Agency, 701 request a hearing on this regulation in 2. Tolerance fee payment. If you file Mapes Road, Fort George G. Mead, MD accordance with the instructions an objection or request a hearing, you 20755–5350; telephone number: (410) provided in this unit and in 40 CFR part must also pay the fee prescribed by 40
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CFR 180.33(i) or request a waiver of that that available evidence identified by the responsibilities among the various fee pursuant to 40 CFR 180.33(m). You requestor would, if established resolve levels of government, as specified in must mail the fee to: EPA Headquarters one or more of such issues in favor of Executive Order 13132, entitled Accounting Operations Branch, Office the requestor, taking into account Federalism (64 FR 43255, August 10, of Pesticide Programs, P.O. Box uncontested claims or facts to the 1999). Executive Order 13132 requires 360277M, Pittsburgh, PA 15251. Please contrary; and resolution of the factual EPA to develop an accountable process identify the fee submission by labeling issues(s) in the manner sought by the to ensure ‘‘meaningful and timely input it ‘‘Tolerance Petition Fees.’’ requestor would be adequate to justify by State and local officials in the EPA is authorized to waive any fee the action requested (40 CFR 178.32). development of regulatory policies that requirement ‘‘when in the judgement of have federalism implications.’’ ‘‘Policies VII. Regulatory Assessment the Administrator such a waiver or that have federalism implications’’ is Requirements refund is equitable and not contrary to defined in the Executive order to the purpose of this subsection.’’ For This final rule establishes a tolerance include regulations that have additional information regarding the under FFDCA section 408(d) in ‘‘substantial direct effects on the States, waiver of these fees, you may contact response to a petition submitted to the on the relationship between the national James Tompkins by phone at (703) 305– Agency. The Office of Management and government and the States, or on the 5697, by e-mail at Budget (OMB) has exempted these types distribution of power and [email protected], or by mailing a of actions from review under Executive responsibilities among the various request for information to Mr. Tompkins Order 12866, entitled Regulatory levels of government.’’ This final rule at Registration Division (7505C), Office Planning and Review (58 FR 51735, directly regulates growers, food of Pesticide Programs, Environmental October 4, 1993). Because this rule has processors, food handlers and food Protection Agency, 1200 Pennsylvania been exempted from review under retailers, not States. This action does not Ave., NW., Washington, DC 20460. Executive Order 12866 due to its lack of alter the relationships or distribution of If you would like to request a waiver significance, this rule is not subject to power and responsibilities established of the tolerance objection fees, you must Executive Order 13211, Actions by Congress in the preemption mail your request for such a waiver to: Concerning Regulations That provisions of FFDCA section 408(n)(4). James Hollins, Information Resources Significantly Affect Energy Supply, For these same reasons, the Agency has and Services Division (7502C), Office of Distribution, or Use (66 FR 28355, May determined that this rule does not have Pesticide Programs, Environmental 22, 2001). This final rule does not any ‘‘tribal implications’’ as described Protection Agency, 1200 Pennsylvania contain any information collections in Executive Order 13175, entitled Ave., NW., Washington, DC 20460. subject to OMB approval under the Consultation and Coordination with 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 Indian Tribal Governments (65 FR to filing an objection or hearing request U.S.C. 3501 et seq., or impose any 67249, November 6, 2000). Executive with the Hearing Clerk as described in enforceable duty or contain any Order 13175, requires EPA to develop Unit VI.A., you should also send a copy unfunded mandate as described under an accountable process to ensure of your request to the PIRIB for its Title II of the Unfunded Mandates ‘‘meaningful and timely input by tribal inclusion in the official record that is Reform Act of 1995 (UMRA) (Public officials in the development of described in Unit I.B.2. Mail your Law 104–4). Nor does it require any regulatory policies that have tribal copies, identified by docket control special considerations under Executive implications.’’ ‘‘Policies that have tribal number OPP–301228, to: Public Order 12898, entitled Federal Actions to implications’’ is defined in the Information and Records Integrity Address Environmental Justice in Executive order to include regulations Branch, Information Resources and Minority Populations and Low-Income that have ‘‘substantial direct effects on Services Division (7502C), Office of Populations (59 FR 7629, February 16, one or more Indian tribes, on the Pesticide Programs, Environmental 1994); or OMB review or any Agency relationship between the Federal Protection Agency, 1200 Pennsylvania action under Executive Order 13045, Government and the Indian tribes, or on Ave., NW., Washington, DC 20460. In entitled Protection of Children from the distribution of power and person or by courier, bring a copy to the Environmental Health Risks and Safety responsibilities between the Federal location of the PIRIB described in Unit Risks (62 FR 19885, April 23, 1997). Government and Indian tribes.’’ This I.B.2. You may also send an electronic This action does not involve any rule will not have substantial direct copy of your request via e-mail to: opp- technical standards that would require effects on tribal governments, on the [email protected]. Please use an ASCII Agency consideration of voluntary relationship between the Federal file format and avoid the use of special consensus standards pursuant to section Government and Indian tribes, or on the characters and any form of encryption. 12(d) of the National Technology distribution of power and Copies of electronic objections and Transfer and Advancement Act of 1995 responsibilities between the Federal hearing requests will also be accepted (NTTAA), Public Law 104–113, section Government and Indian tribes, as on disks in WordPerfect 6.1/8.0 or 12(d) (15 U.S.C. 272 note). Since specified in Executive Order 13175. ASCII file format. Do not include any tolerances and exemptions that are Thus, Executive Order 13175 does not CBI in your electronic copy. You may established on the basis of a petition apply to this rule. also submit an electronic copy of your under FFDCA section 408(d), such as VIII. Submission to Congress and the request at many Federal Depository the tolerance in this final rule, do not Comptroller General Libraries. require the issuance of a proposed rule, the requirements of the Regulatory The Congressional Review Act, 5 B. When Will the Agency Grant a Flexibility Act (RFA) (5 U.S.C. 601 et U.S.C. 801 et seq., as added by the Small Request for a Hearing? seq.) do not apply. In addition, the Business Regulatory Enforcement A request for a hearing will be granted Agency has determined that this action Fairness Act of 1996, generally provides if the Administrator determines that the will not have a substantial direct effect that before a rule may take effect, the material submitted shows the following: on States, on the relationship between agency promulgating the rule must There is a genuine and substantial issue the national government and the States, submit a rule report, which includes a of fact; there is a reasonable possibility or on the distribution of power and copy of the rule, to each House of the
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Congress and to the Comptroller General ACTION: Final rule. Industrial Classification System of the United States. EPA will submit a (NAICS) codes have been provided to report containing this rule and other SUMMARY: This regulation establishes an assist you and others in determining required information to the U.S. Senate, import tolerance for residues of whether or not this action might apply the U.S. House of Representatives, and fluazinam and its metabolite AMGT3- to certain entities. If you have questions the Comptroller General of the United [[4-amino-3-[[3-chloro-5- regarding the applicability of this action States prior to publication of this final (trifloromethyl)-2-pyridinyl] amino]-2- to a particular entity, consult the person rule in the Federal Register. This final nitro-6-(trifluoromethyl) phenyl] thio]-2- listed under FOR FURTHER INFORMATION rule is not a ‘‘major rule’’ as defined by (beta-D-glucopyranosyloxy) propionic CONTACT. 5 U.S.C. 804(2). acid) in or on [wine grapes at 3.0 parts per million (ppm). ISK BioSciences B. How Can I Get Additional List of Subjects in 40 CFR Part 180 Corporation requested this tolerance Information, Including Copies of this Document and Other Related Environmental protection, under the Federal Food, Drug, and Documents? Administrative practice and procedure, Cosmetic Act, as amended by the Food Agricultural commodities, Pesticides Quality Protection Act of 1996. 1. Electronically.You may obtain and pests, Reporting and recordkeeping DATES: This regulation is effective April electronic copies of this document, and requirements. 18, 2002. Objections and requests for certain other related documents that might be available electronically, from Dated: April 4, 2002. hearings, identified by docket control number OPP–2002-0003, must be the EPA Internet Home Page at http:// Robert A. Forrest, received on or before June 17, 2002. www.epa.gov/. To access this Acting Director, Registration Division, Office document, on the Home Page select of Pesticide Programs. ADDRESSES: Written objections and hearing requests may be submitted by ‘‘Laws and Regulations,’’ ‘‘Regulations Therefore, 40 CFR chapter I is mail, in person, or by courier. Please and Proposed Rules,’’ and then look up amended as follows: follow the detailed instructions for each the entry for this document under the ‘‘Federal Register—Environmental PART 180—[AMENDED] method as provided in Unit VI. of the SUPPLEMENTARY INFORMATION. To ensure Documents.’’ You can also go directly to 1. The authority citation for part 180 proper receipt by EPA, your objections theFederal Register listings at http:// continues to read as follows: and hearing requests must identify www.epa.gov/fedrgstr/. A frequently docket control number OPP–2002-0003 updated electronic version of 40 CFR Authority: 21 U.S.C. 321(q), 346(a) and part 180 is available at http:// 374. in the subject line on the first page of your response. www.access.gpo.gov/nara/cfr/ cfrhtml_00/Title_40/40cfr180_00.html, a 2. Section 180.553 is amended by FOR FURTHER INFORMATION CONTACT: By beta site currently under development. alphabetically adding commodities to mail: Cynthia Giles-Parker, Registration To access the OPPTS Harmonized the table in paragraph (a) to read as Division (7505C), Office of Pesticide Guidelines referenced in this document, follows: Programs, Environmental Protection go directly to the guidelines at http:// Agency, 1200 Pennsylvania Ave., § 180.553 Fenhexamid; tolerances for www.epa.gov/opptsfrs/home/ residues. NW.,Washington, DC 20460; telephone guidelin.htm. number: (703) 305–7740; e-mail address: (a) * * * 2. In person. The Agency has [email protected]. established an official record for this SUPPLEMENTARY INFORMATION: action under docket control number Commodity Parts per million I. General Information OPP–2002-0003. The official record consists of the documents specifically ***** A. Does this Action Apply to Me? referenced in this action, and other Bushberry subgroup 13B ...... 5.0 Caneberry subgroup 13A ...... 20.0 You may be affected by this action if information related to this action, ***** you are an agricultural producer, food including any information claimed as Juneberry ...... 5.0 manufacturer, or pesticide Confidential Business Information (CBI). Lingonberry ...... 5.0 manufacturer. Potentially affected This official record includes the Pistachio ...... 0.02 categories and entities may include, but documents that are physically located in ***** are not limited to: the docket, as well as the documents Salal ...... 5.0 that are referenced in those documents. ***** The public version of the official record does not include any information * * * * * NAICS Examples of poten- claimed as CBI. The public version of [FR Doc. 02–9498 Filed 4–17–02; 8:45 am] Categories tially affected enti- the official record, which includes codes ties BILLING CODE 6560–50–S printed, paper versions of any electronic Industry 111 Crop production comments submitted during an applicable comment period is available ENVIRONMENTAL PROTECTION 112 Animal production 311 Food manufac- for inspection in the Public Information AGENCY turing and Records Integrity Branch (PIRIB), 32532 Pesticide manufac- Rm. 119, Crystal Mall #2, 1921 Jefferson 40 CFR Part 180 turing Davis Hwy., Arlington, VA, from 8:30 [OPP–2002-0003; FRL–6831–8] a.m. to 4 p.m., Monday through Friday, This listing is not intended to be RIN 2070–AB78 excluding legal holidays. The PIRIB exhaustive, but rather provides a guide telephone number is (703) 305–5805. Fluazinam; Pesticide Tolerance for readers regarding entities likely to be affected by this action. Other types of II. Background and Statutory Findings AGENCY: Environmental Protection entities not listed in the table could also In the Federal Register of December 6, Agency (EPA). be affected. The North American 2000 (65 FR 76253) (FRL–6573–7), EPA
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issued a notice pursuant to section 408 certainty that no harm will result from scientific data and other relevant of the Federal Food, Drug, and Cosmetic aggregate exposure to the pesticide information in support of this action. Act (FFDCA), 21 U.S.C. 346a, as chemical residue, including all EPA has sufficient data to assess the amended by the Food Quality Protection anticipated dietary exposures and all hazards of and to make a determination Act of 1996 (FQPA) (Public Law 104– other exposures for which there is on aggregate exposure, consistent with 170), announcing the filing of a reliable information.’’ This includes section 408(b)(2), for a tolerance for pesticide petition (PP 9F5079) by ISK exposure through drinking water and in residues of fluazinam and its metabolite BioSciences Corporation, 5970 Heisley residential settings, but does not include AMGT on wine grapes at 3.0. EPA’s Road, Suite 200, Mentor, Ohio, 44060. occupational exposure. Section assessment of exposures and risks This notice included a summary of the 408(b)(2)(C) requires EPA to give special associated with establishing the petition prepared by ISK BioSciences consideration to exposure of infants and tolerance follows. Corporation, the registrant. There were children to the pesticide chemical no comments received in response to residue in establishing a tolerance and A. Toxicological Profile the notice of filing. to ‘‘ensure that there is a reasonable The petition requested that 40 CFR certainty that no harm will result to EPA has evaluated the available 180.574 be amended by establishing a infants and children from aggregate toxicity data and considered its validity, tolerance for residues of the fungicide exposure to the pesticide chemical completeness, and reliability as well as fluazinam, 3-chloro-N-[3-chloro-2,6- residue. . . .’’ the relationship of the results of the dinitro-4-(trifluoromethyl) phenyl]-5- EPA performs a number of analyses to studies to human risk. EPA has also (trifluoromethyl)-2-pyridinamine, in or determine the risks from aggregate considered available information on peanuts and potatoes at 0.02 part per exposure to pesticide residues. For concerning the variability of the million (ppm) and imported wine further discussion of the regulatory sensitivities of major identifiable grapes at 3.0 ppm. In the Federal requirements of section 408 and a subgroups of consumers, including Register of September 7, 2001 (66 FR complete description of the risk infants and children. The nature of the 46729) (FRL–6797–3), EPA established assessment process, see the final rule on toxic effects caused by fluazinam and its tolerances for peanuts and potatoes. Bifenthrin Pesticide Tolerances (62 FR metabolite AMGT are discussed in the Section 408(b)(2)(A)(i) of the FFDCA 62961, November 26, 1997) (FRL–5754– following Table 1 as well as the no allows EPA to establish a tolerance (the 7). legal limit for a pesticide chemical observed adverse effect level (NOAEL) residue in or on a food) only if EPA III. Aggregate Risk Assessment and and the lowest observed adverse effect determines that the tolerance is ‘‘safe.’’ Determination of Safety level (LOAEL) from the toxicity studies Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to Consistent with section 408(b)(2)(D), reviewed. mean that ‘‘there is a reasonable EPA has reviewed the available
TABLE 1.—TOXICOLOGICAL PROFILE OF FLUAZINAM TECHNICAL
Guideline No. Study Type Results
870.3100 90-Day oral toxicity rats NOAEL: Males = 3.8 mg/kg/day; Females = 4.3 mg/kg/day LOAEL Males = 38 mg/kg/day; Females = 44 mg/kg/day based on increased liver weights and liver histopathology in males, and in- creased lung and uterus weights in females.
870.3150 90-Day oral toxicity dogs NOAEL = 10 mg/kg/day LOAEL = 100 mg/kg/day based on retinal ef- fects, increased relative liver weight, liver histopathology and possible increased serum alkaline phosphatase in females and possible marginal vacuolation of the cerebral white matter (equivocal)
870.3200 21-Day dermal toxicity rats Systemic NOAEL = 10 mg/kg/day LOAEL = 100 mg/kg/day based on increased AST and cholesterol levels in clinical chem- istry determinations (males) Dermal NOAEL = not identified LOAEL = 10 mg/kg/day based on erythema, ac- anthosis, and dermatitis
870.3250 90-Day dermal toxicity Not Available
870.3465 90-Day inhalation toxicity Not Available
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TABLE 1.—TOXICOLOGICAL PROFILE OF FLUAZINAM TECHNICAL—Continued
Guideline No. Study Type Results
870.3700 Prenatal developmental toxicity rats Maternal NOAEL = 50 mg/kg/day LOAEL = 250 mg/kg/day based on decreased body weight gain and food consumption and increased water consumption and urogenital staining Developmental NOAEL = 50 mg/kg/day LOAEL = 250 mg/kg/day based on decreased fetal body weights and placental weights, in- creased facial/cleft palates, diaphragmatic hernia, and delayed ossification in several bone types, greenish amniotic fluid and pos- sible increased late resorptions and postimplantation loss
870.3700 Prenatal developmental toxicity rabbits Maternal NOAEL = 4 mg/kg/day LOAEL = 7 mg/kg/day based on decreased food consumption and increased liver histopathology. Developmental NOAEL = 7 mg/kg/day LOAEL = 12 mg/kg/day based on an increase in total litter resorptions and possible fetal skel- etal abnormalities
870.3700 Prenatal developmental toxicity rabbits Maternal NOAEL = 3 mg/kg/day LOAEL = not identified (>3 mg/kg/day) Developmental NOAEL = 3 mg/kg/day LOAEL = not identified (>3 mg/kg/day)
870.3800 Reproduction and fertility effects rats Parental/Systemic NOAEL = 1.9 mg/kg/day LOAEL = 9.7 mg/kg/day based on liver pathol- ogy in F1 males Reproductive NOAEL = 10.6 mg/kg/day LOAEL = 53.6 mg/kg/day based on decreased number of implantation sites and decreased litter sizes to day 4 post-partum for F1 fe- males (F2 litters). Offspring NOAEL = 8.4 mg/kg/day LOAEL = 42.1 mg/kg/day based on reduced F1 and F2 pup body weight gains during lacta- tion.
870.4100 Chronic toxicity rats NOAEL = Males: 1.9 mg/kg/day; Females: 4.9 mg/kg/day LOAEL = Males: 3.9 mg/kg/day; Females: not identified (≤4.9 mg/kg/day) based on in- creased testicular atrophy in males and no ef- fects in females
870.4100 Chronic toxicity dogs NOAEL = 1 mg/kg/day LOAEL = 10 mg/kg/day based on gastric lymph- oid hyperplasia in both sexes and nasal dry- ness in females
870.4200 Carcinogenicity mice NOAEL = Males:1.1 mg/kg/day; Females: 1.2 mg/kg/day LOAEL = Males: 10.7 mg/kg/day; Females: 11.7 mg/kg/day based on increased incidences of brown macrophages in the liver of both sexes, eosinophilic vacuolated hepatocytes in males, and increased liver weight in females. Clear evidence of carcinogenicity (hepatocellular tumors) in male mice, but not in females
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TABLE 1.—TOXICOLOGICAL PROFILE OF FLUAZINAM TECHNICAL—Continued
Guideline No. Study Type Results
870.4200 Carcinogenicity mice NOAEL = Males: <126 mg/kg/day, Females: <162 mg/kg/day LOAEL = Males: 126 mg/kg/day; Females: 162 mg/kg/day based on increased liver weights and liver and brain histopathology in both sexes Equivocal/some evidence of carcinogenicity (hepatocellular tumors) in male mice, but not in females
870.4300 Combined chronic toxicity/carcinogenicity rats NOAEL = Males: 0.38 mg/kg/day; Females: 0.47 mg/kg/day LOAEL = Males: 3.8 mg/kg/day; Females: 4.9 mg/kg/day based on liver toxicity in both sexes, pancreatic exocrine atrophy in females and testicular atrophy in males. Some evi- dence of carcinogenicity (thyroid gland fol- licular cell tumors) in male rats, but not in fe- males.
870.5100 Bacterial reverse mutation assay (Ames test) Negative with and without S9 up to cytotoxic concentrations.
870.5100 Bacterial reverse mutation assay (Ames test) Negative with and without S9 up to cytotoxic concentrations.
870.5300 In vitro mammalian gene mutation assay Negative with S9 activation up to 9 µg/ml. Nega- tive without S9 activation up to 0.3 µg/ml. Compound tested to cytotoxic concentrations.
870.5300 In vitro mammalian gene mutation assay Negative with and without S9 activation up to 5 µg/ml. Compound tested to cytotoxic concentrations.
870.5375 In vitro mammalian chromosome aberration Negative with and without S9 up to cytotoxic (CHL cells) concentrations. Cells harvested at 24 and 48 hours in nonacti- vated studies and at 24 hours in activated studies.
870.5395 Mammalian erythrocyte micronucleus test Negative at 24 hour sacrifice (500, 1,000, 2,000 mg/kg). Negative at 24, 48, and 72 hour sacrifices (2,000 mg/kg).
870.5550 UDS in primary rat hepatocytes Negative; however there were several serious study deficiencies: Treatment time shorter than recommended, no data supporting the claim of cytotoxicity, data variability for major endpoints.
870.5550 Differential killing/growth inhibition in B. subtilis Negative, however only one replicate plate/dose was used.
870.6200 Acute neurotoxicity screening battery rats Systemic NOAEL = 50 mg/kg LOAEL = 1,000 mg/kg based on soft stools and decreased motor activity on day of dosing. Neurotoxicity NOAEL = 2,000 mg/kg LOAEL = not identified (>2,000 mg/kg)
870.6200 Subchronic neurotoxicity screening battery rats Neurotoxicity NOAEL = Males: 233 mg/kg/day; Females: 280 mg/kg/day LOAEL = not identified (Males: >233 mg/kg/day; Females: >280 mg/kg/day)
870.6300 Developmental neurotoxicity Not Available
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TABLE 1.—TOXICOLOGICAL PROFILE OF FLUAZINAM TECHNICAL—Continued
Guideline No. Study Type Results
870.7485 Metabolism and pharmacokinetics rats Only 33-40% of the administered dose was ab- sorbed. Most of the administered dose was recovered in the feces (>89%). Excretion via the urine was minor (<4%). Total biliary radioactivity, however, represented 25- 34% of the administered dose, indicating con- siderable enterohepatic circulation.
870.7600 Dermal penetration Not Available
Special studies: 4-Week dietary (Range-finding) rats NOAEL = Males: 5.1 mg/kg/day; Females: 5.3 mg/kg/day LOAEL = Males: 26.4 mg/kg/day; Females: 25.9 mg/kg/day based on decreased body weight gain and food consumption, increased serum phospholipids, increased total cholesterol, in- creased relative liver weights, and liver histopathology.
4-Week dietary (Range-finding) mice NOAEL = Males: 7.6 mg/kg/day; Females: 8.2 mg/kg/day LOAEL = Males: 36 mg/kg/day; Females: 43 mg/kg/day based on decreased body weight gain, increased serum glucose, increased kid- ney weights.
4-Week dietary (Range-finding) mice NOAEL = not identified (Males; <555 mg/kg/day; Females: <658 mg/kg/day) LOAEL = Males: 555 mg/kg/day; Females: 658 mg/kg/day based on vacuolation of white mat- ter in brain, increased liver weights, histopathology in liver.
90-Day dietary (Special liver study) rats NOAEL = not determined (Males: <37.6 mg/kg/ day, Females: <44.7 mg/kg/day) LOAEL = Males: 37.6 mg/kg/day, Females: 44.7 mg/kg/day based on increased relative liver weights and liver histopathology.
11-Week oral toxicity (Special retinal study) NOAEL/LOAEL not determined. dogs
7-Day inhalation toxicity rats NOAEL = Males: 1.38 mg/kg/day; Females: 1.49 Test Material: Frowncide WP (51.9% a.i.) mg/kg/day LOAEL = Males: 3.97 mg/kg/day; Females: 4.25 mg/kg/day based on increased testes weight (males) and increased liver weight (females).
Developmental toxicity (range-finding) rats Maternal and developmental NOAELS and LOAELS were not assigned.
Eight special mechanistic studies to assess the White matter vacuolation in the CNS of mice, CNS white matter vacuolation rats, and dogs was found to be due to Impu- rity-5. * The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique to the FQPA.
B. Toxicological Endpoints applied to reflect uncertainties inherent the RfD is equal to the NOAEL divided in the extrapolation from laboratory by the appropriate UF (RfD = NOAEL/ The dose at which no adverse effects animal data to humans and in the UF). Where an additional safety factor is are observed (the NOAEL) from the variations in sensitivity among members retained due to concerns unique to the toxicology study identified as of the human population as well as FQPA, this additional factor is applied appropriate for use in risk assessment is other unknowns. An UF of 100 is to the RfD by dividing the RfD by such used to estimate the toxicological level routinely used, 10X to account for additional factor. The acute or chronic of concern (LOC). However, the lowest interspecies differences and 10X for Population Adjusted Dose (aPAD or dose at which adverse effects of concern intraspecies differences. cPAD) is a modification of the RfD to are identified (the LOAEL) is sometimes For dietary risk assessment (other accommodate this type of FQPA Safety used for risk assessment if no NOAEL than cancer) the Agency uses the UF to Factor. was achieved in the toxicology study calculate an acute or chronic reference For non-dietary risk assessments selected. An uncertainty factor (UF) is dose (acute RfD or chronic RfD) where (other than cancer) the UF is used to
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determine the LOC. For example, when assumes that any amount of exposure not expected. The point of departure is 100 is the appropriate UF (10X to will lead to some degree of cancer risk. typically a NOAEL based on an account for interspecies differences and A Q* is calculated and used to estimate endpoint related to cancer effects 10X for intraspecies differences) the risk which represents a probability of though it may be a different value LOC is 100. To estimate risk, a ratio of occurrence of additional cancer cases derived from the dose response curve. the NOAEL to exposures (margin of (e.g., risk is expressed as 1 x 10-6 or one To estimate risk, a ratio of the point of exposure (MOE) = NOAEL/exposure) is in a million). Under certain specific departure to exposure (MOEcancer= point calculated and compared to the LOC. circumstances, MOE calculations will of departure/exposures) is calculated. A The linear default risk methodology be used for the carcinogenic risk summary of the toxicological endpoints (Q*) is the primary method currently assessment. In this non-linear approach, for fluazinam used for human risk used by the Agency to quantify a ‘‘point of departure’’ is identified assessment is shown in the following carcinogenic risk. The Q* approach below which carcinogenic effects are Table 2:
TABLE 2.—SUMMARY OF TOXICOLOGICAL TOXICOLOGICAL DOSES AND ENDPOINTS FOR FLUAZINAM FOR USE IN HUMAN RISK ASSESSMENTS1
Dose Used in Risk Assess- FQPA SF* and Endpoint Exposure Scenario ment, UF for Risk Assessment Study and Toxicological Effects
Acute dietary females 13-50 Developmental FQPA SF = 10 Developmental toxicity, rabbits. years of age NOAEL = 7 mg/kg/day aPAD = acute RfD/FQPA Developmental LOAEL = 12 mg/kg/day based UF = 100 SF = 0.007 mg/kg/day on increased incidence of total litter resorp- Acute RfD = 0.07 mg/kg/ tions and possibly increased incidence of day fetal skeletal abnormalities.
Acute dietary general population NOAEL= 50 mg/kg/day FQPA SF = 3 Acute neurotoxicity, rats. including infants and children UF = 100 aPAD = acute RfD/FQPA LOAEL = 1,000 mg/kg/day based on de- Acute RfD = 0.50 mg/kg/ SF = 0.167 mg/kg/day creased motor activity and soft stools on day day of dosing.
Exposure scenario Dose used in risk assess- FQPA SF* and endpoint for Study and Toxicological Effects ment, UF risk assessment
Chronic dietary all populations NOAEL= 1.1 mg/kg/day FQPA SF = 3 Carcinogenicity, mice. UF = 100 cPAD = chr RfD = FQPA LOAEL = 10.7 mg/kg/day based on liver Chronic RfD = 0.011 mg/ SF 0.00367 mg/kg/day histopathology and increased liver weight. kg/day
Chronic dietary all populations NOAEL= 1.1 mg/kg/day FQPA SF = 3 Carcinogenicity, mice. UF = 100 cPAD = chr RfD = FQPA LOAEL = 10.7 mg/kg/day based on liver Chronic RfD = 0.011 mg/ SF 0.00367 mg/kg/day histopathology and increased liver weight. kg/day
Cancer (oral, dermal, inhalation) ‘‘Suggestive evidence of Quantification of human Increases in thyroid gland follicular cell tumors carcino-genicity, but not cancer risk not required. in male rats; increases in hepatocellular sufficient to assess 2 (liver) tumors in male mice.2 human carcinogenic po- tential’’2 * The reference to the FQPA Safety Factor refers to any safety factor retained or reduced due to concerns unique to the FQPA. 1 UF = uncertainty factor, FQPA SF = FQPA safety factor, NOAEL = no observed adverse effect level, LOAEL = lowest observed adverse ef- fect level, PAD = population adjusted dose (a = acute, c = chronic), RfD = reference dose, LOC = level of concern, MOE = margin of exposure 2Cancer Assessment Document - Evaluation of the Carcinogenic Potential of Fluazinam, March 29, 2001, HED Doc. No. 014512.
C. Exposure Assessment respondents in the USDA 1989–1992 ii. Chronic exposure. In conducting 1. Dietary exposure from food and nationwide Continuing Surveys of Food this chronic dietary risk assessment the feed uses. Tolerances have been Intake by Individuals (CSFII) and Dietary Exposure Evaluation Model established for the residues of fluazinam accumulated exposure to the chemical DEEM analysis evaluated the individual in and or on potatoes and peanuts. Risk for each commodity. The following food consumption as reported by assessments were conducted by EPA on assumptions were made for the acute respondents in the USDA 1989–1992 these crops and wine grapes to assess exposure assessments: A DEEM acute nationwide CSFII and accumulated dietary exposures from fluazinam in dietary exposure analysis was exposure to the chemical for each food as follows: performed using tolerance residue levels commodity. The following assumptions i. Acute exposure. Acute dietary risk and 100% CT data for all commodities were made for the chronic exposure assessments are performed for a food- (Tier 1). The DEEM defaults were used assessments: A DEEM chronic dietary use pesticide if a toxicological study has for all processing factors. The DEEM exposure analysis was performed using indicated the possibility of an effect of analysis included wine and sherry tolerance residue levels and 100% CT concern occurring as a result of a one grapes, peanuts and potatoes using data for all commodities (Tier 1). The day or single exposure. The Dietary anticipated residues of fluazinam and DEEM defaults were used for all Exposure Evaluation Model (DEEM) its metabolite (AMGT) and processing processing factors. The DEEM analysis analysis evaluated the individual food factors for wine grapes (Tier 3). included wine and sherry grapes, consumption as reported by peanuts and potatoes using anticipated
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residues of fluazinam and its metabolite and used as a point of comparison threshold effects to account for prenatal (AMGT) and processing factors for wine against the model estimates of a and postnatal toxicity and the grapes. pesticide’s concentration in water. completeness of the data base on iii. Cancer. Since fluazinam has been DWLOCs are theoretical upper limits on toxicity and exposure unless EPA classified as ‘‘Suggestive evidence of a pesticide’s concentration in drinking determines that a different margin of carcinogenicity, but not sufficient to water in light of total aggregate exposure safety will be safe for infants and assess human carcinogenic potential,’’ to a pesticide in food, and from children. Margins of safety are an exposure assessment was not residential uses. Since DWLOCs address incorporated into EPA risk assessments performed. total aggregate exposure to fluazinam either directly through use of a margin 2. Dietary exposure from drinking they are further discussed in the of exposure (MOE) analysis or through water. The Agency lacks sufficient aggregate risk sections below. using uncertainty (safety) factors in monitoring exposure data to complete a Based on the GENEEC and SCI-GROW calculating a dose level that poses no comprehensive dietary exposure models the EECs of fluazinam for acute appreciable risk to humans. analysis and risk assessment for exposures are estimated to be 18.0 parts 2. Prenatal and postnatal sensitivity. fluazinam in drinking water. Because per billion (ppb) for surface water and Qualitative evidence of increased the Agency does not have 0.10 ppb for ground water. The EECs for susceptibility of fetuses to fluazinam comprehensive monitoring data, chronic exposures are estimated to be was demonstrated in a developmental drinking water concentration estimates 3.15 ppb for surface water and 0.10 ppb toxicity study in rats. Increased are made by reliance on simulation or for ground water. incidences of facial/palate clefts and modeling taking into account data on 3. From non-dietary exposure. The other rare deformities in the fetuses the physical characteristics of term ‘‘residential exposure’’ is used in were observed in the presence of fluazinam. this document to refer to non- minimal maternal toxicity. In a The Agency uses the Generic occupational, non-dietary exposure developmental toxicity study in rabbits Estimated Environmental Concentration (e.g., for lawn and garden pest control, and in a 2-generation reproduction (GENEEC) or the Pesticide Root Zone/ indoor pest control, termiticides, and study in rats, neither quantitative nor Exposure Analysis Modeling System flea and tick control on pets). qualitative evidence of increased (PRZM/EXAMS) to estimate pesticide Fluazinam is not registered for use on susceptibility of fetuses or pups to concentrations in surface water and any sites that would result in residential fluazinam was observed. Because of the Screening Concentrations in Ground exposure. neurotoxic lesion observed in the white Water (SCI-GROW), which predicts 4. Cumulative exposure to substances matter of the brain in mice, dogs and pesticide concentrations in ground with a common mechanism of toxicity. rats and the qualitative evidence of water. In general, EPA will use GENEEC Section 408(b)(2)(D)(v) requires that, increased susceptibility of rat fetuses to (a tier 1 model) before using PRZM/ when considering whether to establish, fluazinam, a developmental EXAMS (a tier 2 model) for a screening- modify, or revoke a tolerance, the neurotoxicity study will be required to level assessment for surface water. The Agency consider ‘‘available be submitted to the Agency. Further, GENEEC model is a subset of the PRZM/ information’’ concerning the cumulative because of the lack of a developmental EXAMS model that uses a specific high- effects of a particular pesticide’s neurotoxicity study and the qualitative end runoff scenario for pesticides. residues and ‘‘other substances that evidence of increased susceptibility of GENEEC incorporates a farm pond have a common mechanism of toxicity.’’ rat fetuses to fluazinam, the Food scenario, while PRZM/EXAMS EPA does not have, at this time, Quality Protection Act (FQPA) safety incorporate an index reservoir available data to determine whether factor (SF) for protection of infants and environment in place of the previous fluazinam has a common mechanism of children, as required by the FQPA of pond scenario. The PRZM/EXAMS toxicity with other substances or how to 1996, will be retained at 10X when model includes a percent crop area include this pesticide in a cumulative assessing acute dietary exposure for factor as an adjustment to account for risk assessment. Unlike other pesticides ‘‘females 13-50 years of age’’ due to the maximum percent crop coverage for which EPA has followed a concern for the developing fetus. within a watershed or drainage basin. cumulative risk approach based on a Additionally, the FQPA SF will be None of these models include common mechanism of toxicity, reduced to 3X when assessing exposures consideration of the impact processing fluazinam does not appear to produce a for ‘‘all populations’’ for all exposure (mixing, dilution, or treatment) of raw toxic metabolite produced by other durations (acute and chronic) because of water for distribution as drinking water substances. For the purposes of this uncertainty resulting from lack of a would likely have on the removal of tolerance action, therefore, EPA has not developmental neurotoxicity study. pesticides from the source water. The assumed that fluazinam has a common 3. Conclusion. Because of the lack of primary use of these models by the mechanism of toxicity with other a developmental neurotoxicity study Agency at this stage is to provide a substances. For information regarding and the qualitative evidence of coarse screen for sorting out pesticides EPA’s efforts to determine which increased susceptibility of rat fetuses to for which it is highly unlikely that chemicals have a common mechanism fluazinam, the Agency determined that drinking water concentrations would of toxicity and to evaluate the the FQPA safety factor should be ever exceed human health levels of cumulative effects of such chemicals, retained at 10X when assessing acute concern. see the final rule for Bifenthrin Pesticide dietary exposure for ‘‘females 13-50 Since the models used are considered Tolerances (62 FR 62961, November 26, years of age’’ since, in addition to the to be screening tools in the risk 1997). need for a developmental neurotoxicity assessment process, the Agency does study, increased susceptibility of rat not use estimated environmental D. Safety Factor for Infants and fetuses was observed following in utero concentrations (EECs) from these Children exposure (an acute effect) in the rat models to quantify drinking water 1. In general. FFDCA section 408 developmental toxicity study resulting exposure and risk as a %RfD or %PAD. provides that EPA shall apply an in concern for the developing fetus. The Instead drinking water levels of additional tenfold margin of safety for Agency also determined that the FQPA comparison (DWLOCs) are calculated infants and children in the case of safety factor should be reduced to 3X
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when assessing exposure for ‘‘all exposure (mg/kg/day) = cPAD - (average data) would not result in unacceptable populations’’ for all exposure durations food + residential exposure). This levels of aggregate human health risk at (acute and chronic) since there is allowable exposure through drinking this time. Because OPP considers the uncertainty due to the lack of a water is used to calculate a DWLOC. aggregate risk resulting from multiple developmental neurotoxicity study. A DWLOC will vary depending on the exposure pathways associated with a This study will further characterize the toxic endpoint, drinking water pesticide’s uses, levels of comparison in toxicity of fluazinam and may provide consumption, and body weights. Default drinking water may vary as those uses endpoints and NOAELs that could be body weights and consumption values change. If new uses are added in the used in risk assessments for any as used by the USEPA Office of Water future, OPP will reassess the potential subpopulation/exposure duration. are used to calculate DWLOCs: 2L/70 kg impacts of residues of the pesticide in (adult male), 2L/60 kg (adult female), drinking water as a part of the aggregate E. Aggregate Risks and Determination of and 1L/10 kg (child). Default body risk assessment process. Safety weights and drinking water 1. Acute risk. Using the exposure To estimate total aggregate exposure consumption values vary on an assumptions discussed in this unit for to a pesticide from food, drinking water, individual basis. This variation will be acute exposure, the acute dietary and residential uses, the Agency taken into account in more refined exposure to fluazinam from food will calculates DWLOCs which are used as a screening-level and quantitative occupy 2% or less of the aPAD for the point of comparison against the model drinking water exposure assessments. U.S. population, 60% of the aPAD for estimates of a pesticide’s concentration Different populations will have different the most highly exposed population in water EECs. DWLOC values are not DWLOCs. Generally, a DWLOC is subgroup, females 13-50 years old. All regulatory standards for drinking water. calculated for each type of risk other population subgroups occupy 2% DWLOCs are theoretical upper limits on assessment used: acute, short-term, or less of the aPAD. In addition, there a pesticide’s concentration in drinking intermediate-term, chronic, and cancer. is potential for acute dietary exposure to water in light of total aggregate exposure When EECs for surface water and fluazinam in drinking water. After to a pesticide in food and residential groundwater are less than the calculated calculating DWLOCs and comparing uses. In calculating a DWLOC, the DWLOCs, OPP concludes with them to the EECs for surface and ground Agency determines how much of the reasonable certainty that exposures to water, EPA does not expect the acceptable exposure (i.e., the PAD) is the pesticide in drinking water (when aggregate exposure to exceed 100% of available for exposure through drinking considered along with other sources of the aPAD, as shown in the following water (e.g., allowable chronic water exposure for which OPP has reliable Table 3:
TABLE 3.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO FLUAZINAM
Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC DWLOC kg) (Food) (ppb) (ppb) (ppb)
U.S. population 0.17 2% 18 0.10 5,800
Adult male 20+ yrs 0.17 2% 18 0.10 5,800
Adult female 13-50 yrs 0.007 60% 18 0.10 84
Children 1-6 yr 0.17 <1% 18 0.10 1,700
2. Chronic risk. Using the exposure subgroup, children 1-6 years old. There them to the EECs for surface and ground assumptions described in this unit for are no residential uses for fluazinam water, EPA does not expect the chronic exposure, EPA has concluded that result in chronic residential aggregate exposure to exceed 100% of that exposure to fluazinam from food exposure to fluazinam. There is the cPAD, as shown in the following will utilize <1% of the cPAD for the potential for chronic dietary exposure to Table 4: U.S. population and 1% of the cPAD for fluazinam in drinking water. After the most highly exposed population calculating DWLOCs and comparing
TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO FLUAZINAM
Surface Ground Chronic Population Subgroup cPAD mg/ %cPAD Water EEC Water EEC DWLOC kg/day Food (ppb) (ppb) (ppb)
U.S. population 0.0037 <1 3.15 0.10 130
Adult male 13-19 yrs 0.0037 <1 3.15 0.10 130
Adult fmale 13-50 yrs 0.0037 <1 3.15 0.10 110
Children 1-6 yrs 0.0037 1 3.15 0.10 37
3. Short-term risk. Short-term residential exposure plus chronic exposure to food and water (considered aggregate exposure takes into account to be a background exposure level).
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Fluazinam is not registered for use on IV. Other Considerations chemical. However, the Agency is any sites that would result in residential requiring that the following additional A. Analytical Enforcement Methodology exposure. Therefore, the aggregate risk toxicology studies be performed and is the sum of the risk from food and For the metabolite AMGT3-[[4-amino- submitted within a reasonable period of water, which do not exceed the 3-[[3-chloro-5-(trifloromethyl)-2- time in order to more clearly and fully Agency’s level of concern. pyridinyl] amino]-2-nitro-6- characterize the toxicity of this 4. Intermediate-term risk. (trifluoromethyl) phenyl] thio]-2-(beta- chemical. Intermediate-term aggregate exposure D-glucopyranosyloxy) propionic acid) 870.3465 -- 28-Day inhalation toxicity takes into account residential exposure in/on grapes, the submitted ILV using in rats due December 2003. plus chronic exposure to food and water reversed-phase HPLC with UV 870.6300 -- Developmental (considered to be a background absorbance (at 254 nm) detector has neurotoxicity study in rats. The protocol exposure level). been received and the method has been should be submitted by July 2002 to Fluazinam is not registered for use on forwarded to the Agency’s laboratory for EPA for approval/comment before the any sites that would result in residential validation. The petitioner will be start of the study and should include exposure. Therefore, the aggregate risk required to make any modifications or full neurohistopathological examination is the sum of the risk from food and revisions to the proposed method of dams. The study is due 2 years after water, which do not exceed the resulting from EPA’s validation. The approval of the protocol. Agency’s level of concern. petitioner must also submit 870.6200 -- Subchronic neurotoxicity 5. Aggregate cancer risk for U.S. multiresidue method data as a screening battery in rats (conditional population. In accordance with the EPA confirmatory procedure. Upon requirement). Based on a consideration Draft Guidelines for Carcinogen Risk successful completion of the EPA of the results in the developmental Assessment (July 1999), the Agency validation, the mehtod will be neurotoxicity study in rats required classified fluazinam into the category forwarded to FDA for publication in a above, the Agency will subsequently ‘‘Suggestive evidence of carcinogenicity, future revision of the Pesticide recommend whether a repeat of the but not sufficient to assess human Analytical Manual, Vol-II (PAM-II). subchronic neurotoxicity study in rats carcinogenic potential’’ based on the Prior to publication and upon request, (870.6200) should also be required to following weight-of-the-evidence the method will be available prior to the support the registration of fluazinam considerations: harvest season from the /analytical products. This study must be submitted, Chemistry Branch (ACB), BEAD (75053), i. There was some evidence in that if required by the Agency, 2 years after Environmental Science Center, 701 fluazinam induced an increase in notification by the Agency. Mapes Road, Ft. George C. Meade, MD thyroid gland follicular cell tumors in 20755–5350. Contact Francis D. Griffith, D. Residue Chemistry male rats, but not in female rats. In one Jr., telephone (410) 305–2905, e-mail: Multiresidue methods data for AMGT, study in mice, there was clear evidence [email protected]. The analytical due December 2002 that an increased incidence of standards are also available from the Dislodgeable foliar residue hepatocellular tumors observed in the EPA National Standard Repository at male mice was treatment-related. In V. Conclusion the same location. The submitted HPLC/ another study in mice, there was UV method is adequate for collecting Therefore, the import tolerance is equivocal/some evidence that fluazinam data on residues of AMGT in/or grapes established for residues of fluazinam, 3- may have induced an increase in with a validated LOQ for residues of chloro-N-[3-chloro-2,6-dinitro-4- hepatocellular tumors in the male mice. AMGT in grape commodites of 0.01 (trifluoromethyl)phenyl]-5- Increases in hepatocellular tumors ppm. (trifluoromethyl)-2-pyridinamine and its observed in the female mice in the latter Adequate enforcement methodology metabolite AMGT 3-[[4-amino-3-[[3- study were not statistically significant (example—gas chromatography) is chloro-5-(trifloromethyl)-2-pyridinyl] and some occurred at an excessively available to enforce the tolerance amino]-2-nitro-6-(trifluoromethyl) toxic dose level. The thyroid gland expression. The method may be phenyl] thio]-2-(beta-D- follicular cell tumors of concern were requested from: Calvin Furlow, PIRIB, glucopyranosyloxy) propionic acid) in seen only in male rats and the IRSD (7502C), Office of Pesticide or on wine grapes at 3.0 ppm. hepatocellular tumors of concern were Programs, Environmental Protection seen only in male mice. VI. Objections and Hearing Requests Agency, 1200 Pennsylvania Ave., NW, ii. Fluazinam was negative in Washington, DC 20460; telephone Under section 408(g) of the FFDCA, as mutagenicity assays. Based on the number: (703) 305–5229; e-mail address: amended by the FQPA, any person may proposed 1999 EPA Cancer Risk [email protected]. file an objection to any aspect of this Assessment Guidelines, the Agency regulation and may also request a classified fluazinam as having B. International Residue Limits hearing on those objections. The EPA ‘‘suggestive evidence of There are currently no Codex procedural regulations which govern the carcinogenicity,’’ but not sufficient to maximum residue levels established for submission of objections and requests assess human carcinogenic potential residues of fluazinam on any crop. for hearings appear in 40 CFR part 178. and further determined that therefore no Although the procedures in those quantification of cancer risk is required. C. Conditions regulations require some modification to Therefore, a cancer risk assessment is The toxicological data base for reflect the amendments made to the not required. fluazinam is adequate at this time to FFDCA by the FQPA of 1996, EPA will 6. Determination of safety. Based on support the requested registration and continue to use those procedures, with these risk assessments, EPA concludes tolerances according to Subdivision F appropriate adjustments, until the that there is a reasonable certainty that Guideline requirements and 40 CFR necessary modifications can be made. no harm will result to the general 158.690. The Agency has determined The new section 408(g) provides population, and to infants and children that there is a high degree of confidence essentially the same process for persons from aggregate exposure to fluazinam in the hazard endpoints and dose- to ‘‘object’’ to a regulation for an residues. response assessments conducted for this exemption from the requirement of a
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tolerance issued by EPA under new the Administrator such a waiver or VII. Regulatory Assessment section 408(d), as was provided in the refund is equitable and not contrary to Requirements old FFDCA sections 408 and 409. the purpose of this subsection.’’ For This final rule establishes a tolerance However, the period for filing objections additional information regarding the under FFDCA section 408(d) in is now 60 days, rather than 30 days. waiver of these fees, you may contact response to a petition submitted to the A. What Do I Need to Do to File an James Tompkins by phone at (703) 305– Agency. The Office of Management and Objection or Request a Hearing? 5697, by e-mail at Budget (OMB) has exempted these types [email protected], or by mailing a of actions from review under Executive You must file your objection or request for information to Mr. Tompkins Order 12866, entitled Regulatory request a hearing on this regulation in at Registration Division (7505C), Office Planning and Review (58 FR 51735, accordance with the instructions of Pesticide Programs, Environmental October 4, 1993). Because this rule has provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania been exempted from review under 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460. Executive Order 12866 due to its lack of you must identify docket control If you would like to request a waiver significance, this rule is not subject to number OPP–2002-0003 in the subject of the tolerance objection fees, you must Executive Order 13211, Actions line on the first page of your mail your request for such a waiver to: Concerning Regulations That submission. All requests must be in James Hollins, Information Resources Significantly Affect Energy Supply, writing, and must be mailed or and Services Division (7502C), Office of Distribution, or Use (66 FR 28355, May delivered to the Hearing Clerk on or Pesticide Programs, Environmental before June 17, 2002. 22, 2001). This final rule does not Protection Agency, 1200 Pennsylvania 1. Filing the request. Your objection contain any information collections Ave., NW., Washington, DC 20460. must specify the specific provisions in subject to OMB approval under the the regulation that you object to, and the 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 grounds for the objections (40 CFR to filing an objection or hearing request U.S.C. 3501 et seq., or impose any 178.25). If a hearing is requested, the with the Hearing Clerk as described in enforceable duty or contain any objections must include a statement of Unit VI.A., you should also send a copy unfunded mandate as described under the factual issues(s) on which a hearing of your request to the PIRIB for its Title II of the Unfunded Mandates is requested, the requestor’s contentions inclusion in the official record that is Reform Act of 1995 (UMRA) (Public on such issues, and a summary of any described in Unit I.B.2. Mail your Law 104–4). Nor does it require any evidence relied upon by the objector (40 copies, identified by docket control special considerations under Executive CFR 178.27). Information submitted in number OPP–2002-0003, to: Public Order 12898, entitled Federal Actions to connection with an objection or hearing Information and Records Integrity Address Environmental Justice in request may be claimed confidential by Branch, Information Resources and Minority Populations and Low-Income marking any part or all of that Services Division (7502C), Office of Populations (59 FR 7629, February 16, information as CBI. Information so Pesticide Programs, Environmental 1994); or OMB review or any Agency marked will not be disclosed except in Protection Agency, 1200 Pennsylvania action under Executive Order 13045, accordance with procedures set forth in Ave., NW., Washington, DC 20460. In entitled Protection of Children from 40 CFR part 2. A copy of the person or by courier, bring a copy to the Environmental Health Risks and Safety information that does not contain CBI location of the PIRIB described in Unit Risks (62 FR 19885, April 23, 1997). must be submitted for inclusion in the I.B.2. You may also send an electronic This action does not involve any public record. Information not marked copy of your request via e-mail to: opp- technical standards that would require confidential may be disclosed publicly [email protected]. Please use an ASCII Agency consideration of voluntary by EPA without prior notice. file format and avoid the use of special consensus standards pursuant to section Mail your written request to: Office of characters and any form of encryption. 12(d) of the National Technology the Hearing Clerk (1900), Environmental Copies of electronic objections and Transfer and Advancement Act of 1995 Protection Agency, 1200 Pennsylvania hearing requests will also be accepted (NTTAA), Public Law 104–113, section Ave., NW., Washington, DC 20460. You on disks in WordPerfect 6.1/8.0 or 12(d) (15 U.S.C. 272 note). Since may also deliver your request to the ASCII file format. Do not include any tolerances and exemptions that are Office of the Hearing Clerk in Rm. C400, CBI in your electronic copy. You may established on the basis of a petition Waterside Mall, 401 M St., SW., also submit an electronic copy of your under FFDCA section 408(d), such as Washington, DC 20460. The Office of request at many Federal Depository the tolerance in this final rule, do not the Hearing Clerk is open from 8 a.m. Libraries. require the issuance of a proposed rule, the requirements of the Regulatory to 4 p.m., Monday through Friday, B. When Will the Agency Grant a Flexibility Act (RFA) (5 U.S.C. 601 et excluding legal holidays. The telephone Request for a Hearing? number for the Office of the Hearing seq.) do not apply. In addition, the Clerk is (202) 260–4865. A request for a hearing will be granted Agency has determined that this action 2. Tolerance fee payment. If you file if the Administrator determines that the will not have a substantial direct effect an objection or request a hearing, you material submitted shows the following: on States, on the relationship between must also pay the fee prescribed by 40 There is a genuine and substantial issue the national government and the States, CFR 180.33(i) or request a waiver of that of fact; there is a reasonable possibility or on the distribution of power and fee pursuant to 40 CFR 180.33(m). You that available evidence identified by the responsibilities among the various must mail the fee to: EPA Headquarters requestor would, if established resolve levels of government, as specified in Accounting Operations Branch, Office one or more of such issues in favor of Executive Order 13132, entitled of Pesticide Programs, P.O. Box the requestor, taking into account Federalism(64 FR 43255, August 10, 360277M, Pittsburgh, PA 15251. Please uncontested claims or facts to the 1999). Executive Order 13132 requires identify the fee submission by labeling contrary; and resolution of the factual EPA to develop an accountable process it ‘‘Tolerance Petition Fees.’’ issues(s) in the manner sought by the to ensure ‘‘meaningful and timely input EPA is authorized to waive any fee requestor would be adequate to justify by State and local officials in the requirement ‘‘when in the judgement of the action requested (40 CFR 178.32). development of regulatory policies that
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have federalism implications.’’ ‘‘Policies rule is not a ‘‘major rule’’ as defined by ENVIRONMENTAL PROTECTION that have federalism implications’’ is 5 U.S.C. 804(2). AGENCY defined in the Executive order to include regulations that have List of Subjects in 40 CFR Part 180 40 CFR Part 300 ‘‘substantial direct effects on the States, Environmental protection, [FRL–7172–2] on the relationship between the national Administrative practice and procedure, government and the States, or on the Agricultural commodities, Pesticides National Oil and Hazardous distribution of power and and pests, Reporting and recordkeeping Substances Pollution Contingency responsibilities among the various Plan; National Priorities List Update requirements. levels of government.’’ This final rule AGENCY: Environmental Protection directly regulates growers, food Dated: April 9, 2002. processors, food handlers and food Agency. Debra Edwards, retailers, not States. This action does not ACTION: Notice of deletion of the Austin alter the relationships or distribution of Acting Director, Registration Division, Office Avenue Radiation Site from the power and responsibilities established of Pesticide Programs. National Priorities List. by Congress in the preemption Therefore, 40 CFR chapter I is SUMMARY: The U.S. Environmental provisions of FFDCA section 408(n)(4). amended as follows: Protection Agency (EPA) announces the For these same reasons, the Agency has deletion of the Austin Avenue Radiation determined that this rule does not have PART 180—[AMENDED] Site in Delaware County, Pennsylvania any ‘‘tribal implications’’ as described from the National Priorities List (NPL). in Executive Order 13175, entitled 1. The authority citation for part 180 The NPL is appendix B of 40 CFR part Consultation and Coordination with continues to read as follows: 300 which is the National Oil and Indian Tribal Governments (65 FR Authority: 21 U.S.C. 321(q), 346(a) and Hazardous Substances Pollution 67249, November 6, 2000). Executive 371. Contingency Plan (NCP), which EPA Order 13175, requires EPA to develop promulgated pursuant to section 105 of an accountable process to ensure 2. Section 180.574 is amended by the Comprehensive Environmental ‘‘meaningful and timely input by tribal revising paragraph (a) to read as follows: Response, Compensation, and Liability officials in the development of Act of 1980, as amended (CERCLA). The regulatory policies that have tribal § 180.574 Fluazinam; tolerances for EPA and the Commonwealth of residues. implications.’’ ‘‘Policies that have tribal Pennsylvania, through the Pennsylvania implications’’ is defined in the (a)(1) General. Tolerances are Department of Environmental Protection Executive order to include regulations established for residues of fluazinam, (3- (PADEP), have determined that the Site that have ‘‘substantial direct effects on chloro-N-[3-chloro-2,6-dinitro-4- no longer poses a significant threat to one or more Indian tribes, on the (trifluoromethyl) phenyl]-5- public health or the environment and relationship between the Federal (trifluoromethyl)-2-pyridinamine) in or that all appropriate response actions Government and the Indian tribes, or on on the following commodities: under CERCLA have been completed. the distribution of power and EFFECTIVE DATE: April 18, 2002. responsibilities between the Federal ADDRESSES: Comprehensive information Government and Indian tribes.’’ This on the Site is available for viewing at rule will not have substantial direct Commodity Parts per million the Site information repositories at the effects on tribal governments, on the following locations: U.S. EPA Region III, relationship between the Federal Peanuts ...... 0.02 Regional Center for Environmental Government and Indian tribes, or on the Potatoes ...... 0.02 Information, 1650 Arch Street, distribution of power and Philadelphia, Pennsylvania 19103, (215) responsibilities between the Federal (a)(2) Tolerances are established for 814–5254, Monday through Friday 8 Government and Indian tribes, as residues of fluazinam and its metabolite AM to 4:30 PM; Lansdowne Borough specified in Executive Order 13175. AMGT 3-[[4-amino-3-[[3-chloro-5- Library, 55 South Union Avenue, Thus, Executive Order 13175 does not Lansdowne, PA 19050, (610) 623–0239. apply to this rule. (trifloromethyl)-2-pyridinyl]amino]-2- nitro-6-(trifluoromethyl) phenyl] thio]-2- FOR FURTHER INFORMATION CONTACT: VIII. Submission to Congress and the (beta-D-glucopyranosyloxy) propionic David Turner, On-Scene Coordinator Comptroller General acid) in or on the following commodity: (3HS31), U.S. Environmental Protection Agency Region III, 1650 Arch Street, The Congressional Review Act, 5 Philadelphia, PA 19103–2029, U.S.C. 801 et seq., as added by the Small telephone: 215–814–3216, e-mail Business Regulatory Enforcement address: [email protected]. Commodity Parts per million Fairness Act of 1996, generally provides SUPPLEMENTARY INFORMATION: The site to that before a rule may take effect, the Wine grapes1 ...... 3.0 be deleted from the NPL is: Austin agency promulgating the rule must Avenue Radiation Site located in submit a rule report, which includes a 1 No US registration as of March 15, 2002. Delaware County, Pennsylvania. copy of the rule, to each House of the * * * * * A Notice of Intent to Delete for the Congress and to the Comptroller General Site was published in the Federal of the United States. EPA will submit a [FR Doc. 02–9497 Filed 4–17–02; 8:45 am] Register on February 19, 2002 (67 FR report containing this rule and other BILLING CODE 6560–50–S 7324). The closing date for comments on required information to the U.S. Senate, the Notice of Intent to Delete was March the U.S. House of Representatives, and 21, 2002. EPA received no comments the Comptroller General of the United during the comment period; therefore, States prior to publication of this final EPA has not prepared a Responsiveness rule in the Federal Register. This final Summary.
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EPA identifies sites that appear to List of Subjects in 40 CFR Part 300 PART 300—[AMENDED] present a significant risk to public health, welfare or the environment, and Environmental protection, Air 1. The authority citation for part 300 it maintains the NPL as the list of those pollution control, Chemicals, Hazardous continues to read as follows: sites. Any site deleted from the NPL substances, Hazardous waste, Authority: 33 U.S.C. 1321 (c)(2); 42 U.S.C. remains eligible for Fund-financed Intergovernmental relations, Penalties, 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, remedial actions in the unlikely event Reporting and recordkeeping 1991 Comp., p.351; E.O. 12580, 52 FR 2923, that conditions at the site warrant such requirements, Superfund, Water 3 CFR, 1987 Comp., p. 193. actions. Section 300.425(e)(3) of the pollution control, Water supply. Appendix B—[Amended] NCP states that Fund-financed actions Dated: April 2, 2002. may be taken at sites deleted from the 2. Table 1 of appendix B to part 300 Thomas C. Voltaggio, is amended under Pennsylvania (PA) by NPL. Deletion of a site from the NPL Acting Regional Administrator, Region III. does not affect responsible party removing, ‘‘Austin Avenue Radiation Site, Delaware County, PA.’’ liability or impede agency efforts to For the reasons set out in this recover costs associated with response document, 40 CFR part 300 is amended [FR Doc. 02–9216 Filed 4–17–02; 8:45 am] efforts. as follows: BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 67, No. 75
Thursday, April 18, 2002
This section of the FEDERAL REGISTER p.m., Monday through Friday, except and after the closing date for comments, contains notices to the public of the proposed Federal holidays. Comments may be in the Rules Docket for examination by issuance of rules and regulations. The submitted via fax to (425) 227–1232. interested persons. A report purpose of these notices is to give interested Comments may also be sent via the summarizing each FAA-public contact persons an opportunity to participate in the Internet using the following address: 9- concerned with the substance of this rule making prior to the adoption of the final rules. [email protected]. Comments proposal will be filed in the Rules sent via fax or the Internet must contain Docket. ‘‘Docket No. 2001–NM–318–AD’’ in the Commenters wishing the FAA to DEPARTMENT OF TRANSPORTATION subject line and need not be submitted acknowledge receipt of their comments in triplicate. Comments sent via the submitted in response to this action Federal Aviation Administration Internet as attached electronic files must must submit a self-addressed, stamped be formatted in Microsoft Word 97 for postcard on which the following 14 CFR Part 39 Windows or ASCII text. statement is made: ‘‘Comments to Docket Number 2001–NM–318–AD.’’ [Docket No. 2001–NM–318–AD] The service information referenced in the proposed rule may be obtained from The postcard will be date stamped and RIN 2120–AA64 Fairchild Dornier, Dornier Luftfahrt returned to the commenter. GmbH, P.O. Box 1103, D–82230 Availability of NPRMs Airworthiness Directives; Dornier Wessling, Germany. This information Model 328–100 and –300 Series may be examined at the FAA, Transport Any person may obtain a copy of this Airplanes Airplane Directorate, 1601 Lind NPRM by submitting a request to the FAA, Transport Airplane Directorate, AGENCY: Avenue, SW., Renton, Washington. Federal Aviation ANM–114, Attention: Rules Docket No. FOR FURTHER INFORMATION CONTACT: Administration, DOT. Tom 2001–NM–318–AD, 1601 Lind Avenue, ACTION: Notice of proposed rulemaking Rodriguez, Aerospace Engineer, SW., Renton, Washington 98055–4056. (NPRM). International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Discussion SUMMARY: This document proposes the Lind Avenue, SW., Renton, Washington The Luftfahrt-Bundesamt (LBA), adoption of a new airworthiness 98055–4056; telephone (425) 227–1137; which is the airworthiness authority for directive (AD) that is applicable to fax (425) 227–1149. Germany, notified the FAA that an certain Dornier Model 328–100 and SUPPLEMENTARY INFORMATION: unsafe condition may exist on certain –300 series airplanes. This proposal Dornier Model 328–100 and –300 series would require inspecting the Comments Invited airplanes. The LBA advises that there identification plate on the fire Interested persons are invited to was a failure of the actuating cartridge extinguisher bottle of the auxiliary participate in the making of the on the fire extinguisher of the auxiliary power unit (APU), and replacing the proposed rule by submitting such power unit (APU). This failure is existing actuating cartridge of the fire written data, views, or arguments as considered to be an isolated event. The extinguisher bottle with a correct they may desire. Communications shall cause is unknown. This condition, if not actuating cartridge, if necessary. This identify the Rules Docket number and corrected, could result in the inability to proposal also would require removing be submitted in triplicate to the address extinguish an APU fire in-flight, and the fire extinguisher bottle equipped specified above. All communications consequent reduced structural integrity with the actuating cartridge from the received on or before the closing date of the airplane. APU, and reinstalling the fire for comments, specified above, will be Explanation of Relevant Service extinguisher bottle equipped with the considered before taking action on the Information correct actuating cartridge into the APU. proposed rule. The proposals contained This action is necessary to prevent in this action may be changed in light Dornier has issued Service Bulletin failure of the actuating cartridge on the of the comments received. SB–328–26–342, dated November 2, APU fire extinguisher, which could Submit comments using the following 2000 (for Model 328–100 series result in the inability to extinguish an format: airplanes), and Service Bulletin SB– APU fire in-flight, and consequent • Organize comments issue-by-issue. 328J–26–049, Revision 1, dated June 11, reduced structural integrity of the For example, discuss a request to 2001 (for Model 328–300 series airplane. This action is intended to change the compliance time and a airplanes). The service bulletins address the identified unsafe condition. request to change the service bulletin describe procedures for inspecting the DATES: Comments must be received by reference as two separate issues. identification plate on the fire May 20, 2002. • For each issue, state what specific extinguisher bottle in the APU to verify ADDRESSES: Submit comments in change to the proposed AD is being if the correct actuating cartridge has triplicate to the Federal Aviation requested. been installed, and replacing the Administration (FAA), Transport • Include justification ( e.g., reasons or existing actuating cartridge of the fire Airplane Directorate, ANM–114, data) for each request. extinguisher bottle with the correct Attention: Rules Docket No. 2001–NM– Comments are specifically invited on actuating cartridge, if necessary. The 318–AD, 1601 Lind Avenue, SW., the overall regulatory, economic, service bulletins also describe Renton, Washington 98055–4056. environmental, and energy aspects of procedures for removing the fire Comments may be inspected at this the proposed rule. All comments extinguisher bottle equipped with the location between 9:00 a.m. and 3:00 submitted will be available, both before actuating cartridge from the APU, and
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reinstalling the fire extinguisher bottle The cost impact figure discussed Dornier Luftfahrt GMBH: equipped with the correct actuating above is based on assumptions that no Docket 2001–NM–318–AD. cartridge into the APU. operator has yet accomplished any of Applicability: Model 328–100 series Accomplishment of the actions the proposed requirements of this AD airplanes, as listed in Dornier Service specified in the service bulletins is action, and that no operator would Bulletin SB–328–26–342, dated November 2, accomplish those actions in the future if 2000; and Model 328–300 series airplanes, as intended to adequately address the listed in Dornier Service Bulletin SB–328J– identified unsafe condition. The LBA this proposed AD were not adopted. The 26–049, Revision 1, dated June 11, 2001; classified these service bulletins as cost impact figures discussed in AD certificated in any category. mandatory and issued German rulemaking actions represent only the Note 1: This AD applies to each airplane airworthiness directives 2001–291 and time necessary to perform the specific identified in the preceding applicability 2001–292, both dated October 18, 2001, actions actually required by the AD. provision, regardless of whether it has been in order to assure the continued These figures typically do not include modified, altered, or repaired in the area airworthiness of these airplanes in incidental costs, such as the time subject to the requirements of this AD. For Germany. required to gain access and close up, airplanes that have been modified, altered, or planning time, or time necessitated by repaired so that the performance of the Dornier Service Bulletin SB–328–26– requirements of this AD is affected, the 342, dated November 2, 2000; and other administrative actions. owner/operator must request approval for an Dornier Service Bulletin SB–328J–26– Regulatory Impact alternative method of compliance in 049, Revision 1, dated June 11, 2001; accordance with paragraph (b) of this AD. The regulations proposed herein both reference Pacific Scientific Service The request should include an assessment of would not have a substantial direct Bulletin 33100016–26–1, dated the effect of the modification, alteration, or effect on the States, on the relationship November 15, 2000, as an additional repair on the unsafe condition addressed by between the national Government and this AD; and, if the unsafe condition has not source of service information for the States, or on the distribution of been eliminated, the request should include accomplishing the inspection and power and responsibilities among the specific proposed actions to address it. replacement. various levels of government. Therefore, Compliance: Required as indicated, unless FAA’s Conclusions it is determined that this proposal accomplished previously. would not have federalism implications To prevent failure of the actuating cartridge These airplane models are on the auxiliary power unit (APU) fire under Executive Order 13132. extinguisher, which could result in the manufactured in Germany and are type For the reasons discussed above, I certificated for operation in the United inability to extinguish an APU fire in-flight, certify that this proposed regulation (1) and consequent reduced structural integrity States under the provisions of section is not a ‘‘significant regulatory action’’ of the airplane, accomplish the following: 21.29 of the Federal Aviation under Executive Order 12866; (2) is not Regulations (14 CFR 21.29) and the Removal, Inspection, Corrective Actions, a ‘‘significant rule’’ under the DOT and Reinstallation applicable bilateral airworthiness Regulatory Policies and Procedures (44 agreement. Pursuant to this bilateral FR 11034, February 26, 1979); and (3) if (a) Within 45 days after the effective date of this AD, do the actions specified in airworthiness agreement, the LBA has promulgated, will not have a significant kept the FAA informed of the situation paragraphs (a)(1), (a)(2), and (a)(3) of this AD, economic impact, positive or negative, per Dornier Service Bulletin SB–328–26–342, described above. The FAA has on a substantial number of small entities dated November 2, 2000 (for Model 328–100 examined the findings of the LBA, under the criteria of the Regulatory series airplanes); or Dornier Service Bulletin reviewed all available information, and Flexibility Act. A copy of the draft SB–328J–26–049, Revision 1, dated June 11, determined that AD action is necessary regulatory evaluation prepared for this 2001 (for Model 328–300 series airplanes); as for products of this type design that are action is contained in the Rules Docket. applicable. certificated for operation in the United A copy of it may be obtained by (1) Remove the fire extinguisher bottle States. equipped with the actuating cartridge from contacting the Rules Docket at the the APU. Explanation of Requirements of location provided under the caption (2) Inspect the identification plate on the Proposed Rule ADDRESSES. fire extinguisher bottle to verify if the correct actuating cartridge (part number (P/N) Since an unsafe condition has been List of Subjects in 14 CFR Part 39 30903964) has been installed. If the correct identified that is likely to exist or Air transportation, Aircraft, Aviation actuating cartridge has not been installed, develop on other airplanes of the same safety, Safety. before further flight, replace the existing type design registered in the United actuating cartridge with a correct actuating The Proposed Amendment cartridge, P/N 30903964, and vibra etch the States, the proposed AD would require identification plate to indicate the new P/N, accomplishment of the actions specified Accordingly, pursuant to the authority delegated to me by the per the service bulletin. in the Dornier service bulletins (3) Reinstall the fire extinguisher bottle described previously. Administrator, the Federal Aviation equipped with the correct actuating cartridge Administration proposes to amend part into the APU. Cost Impact 39 of the Federal Aviation Regulations Note 2: Dornier Service Bulletin SB–328– The FAA estimates that 88 airplanes (14 CFR part 39) as follows: 26–342, dated November 2, 2000; and of U.S. registry would be affected by this Dornier Service Bulletin SB–328J–26–049, PART 39—AIRWORTHINESS proposed AD, that it would take Revision 1, dated June 11, 2001; both DIRECTIVES approximately 1 work hour per airplane reference Pacific Scientific Service Bulletin 33100016–26–1, dated November 15, 2000, as to accomplish the proposed actions, and 1. The authority citation for part 39 an additional source of service information that the average labor rate is $60 per continues to read as follows: for accomplishing the inspection and work hour. Required parts would be Authority: 49 U.S.C. 106(g), 40113, 44701. replacement. provided by the manufacturer at no cost Note 3: Accomplishment of the actions § 39.13 [Amended] to the operators. Based on these figures, specified in Dornier Service Bulletin SB– the cost impact of the proposed AD on 2. Section 39.13 is amended by 328J–26–049, dated November 2, 2000, is U.S. operators is estimated to be $5,280, adding the following new airworthiness acceptable for compliance with the actions or $60 per airplane. directive: required by paragraph (a) of this AD.
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Alternative Methods of Compliance DATES: Comments must be received by postcard on which the following (b) An alternative method of compliance or June 17, 2002. statement is made: ‘‘Comments to adjustment of the compliance time that ADDRESSES: Submit comments in Docket Number 2001–NE–14–AD.’’ The provides an acceptable level of safety may be triplicate to the Federal Aviation postcard will be date stamped and used if approved by the Manager, Administration (FAA), New England returned to the commenter. International Branch, ANM–116, FAA, Transport Airplane Directorate. Operators Region, Office of the Regional Counsel, Availability of NPRM’s Attention: Rules Docket No. 2001–NE– shall submit their requests through an Any person may obtain a copy of this appropriate FAA Principal Maintenance 14–AD, 12 New England Executive Park, Inspector, who may add comments and then Burlington, MA 01803–5299. Comments NPRM by submitting a request to the send it to the Manager, International Branch, may be inspected at this location, by FAA, New England Region, Office of the ANM–116. appointment, between 8:00 a.m. and Regional Counsel, Attention: Rules Note 4: Information concerning the 4:30 p.m., Monday through Friday, Docket No. 2001–NE–14–AD, 12 New existence of approved alternative methods of except Federal holidays. Comments may England Executive Park, Burlington, MA compliance with this AD, if any, may be also be sent via the Internet using the 01803–5299. obtained from the Manager, International following address: ‘‘9-ane- Discussion Branch, ANM–116. [email protected]’’. Comments sent The Civil Aviation Authority (CAA), via the Internet must contain the docket Special Flight Permits which is the airworthiness authority for number in the subject line. The service (c) Special flight permits may be issued in the United Kingdom (UK), recently information referenced in the proposed accordance with sections 21.197 and 21.199 notified the FAA that an unsafe rule may be obtained from Rolls-Royce of the Federal Aviation Regulations (14 CFR condition may exist on RR Spey 506– 21.197 and 21.199) to operate the airplane to plc, P.O. Box 31, Derby DE24 6BJ, UK; 14A, 555–15, 555–15H, 555–15N, and a location where the requirements of this AD Telephone 44 (0) 1332 242424; fax 44 555–15P turbojet engines. The CAA can be accomplished. (0) 1332 249936. This information may advises that there have been several Note 5: The subject of this AD is addressed be examined, by appointment, at the failures of stage 2 LPT blades that have in German airworthiness directives 2001–291 FAA, New England Region, Office of the resulted in in-flight shutdown events. and 2001–292, both dated October 18, 2001. Regional Counsel, 12 New England Analysis shows that an unacceptable Executive Park, Burlington, MA. Issued in Renton, Washington, on April 11, probability level of a failure of the stage 2002. FOR FURTHER INFORMATION CONTACT: 2 LPT blades, which could result in an Vi L. Lipski, Keith Mead, Aerospace Engineer, engine shutdown, could occur if the Manager, Transport Airplane Directorate, Engine Certification Office, FAA, Engine existing design blades are not replaced Aircraft Certification Service. and Propeller Directorate, 12 New within the specified compliance times. [FR Doc. 02–9393 Filed 4–17–02; 8:45 am] England Executive Park, Burlington, MA Manufacturer’s Service Information BILLING CODE 4910–13–P 01803–5299; telephone (781) 238–7744; fax (781) 238–7199. RR has issued service bulletin (SB) SUPPLEMENTARY INFORMATION: No. Sp72–1064, Revision 1, dated DEPARTMENT OF TRANSPORTATION Comments Invited February 1, 2001, that provides procedures to replace existing stage 2 Federal Aviation Administration Interested persons are invited to LPT blades with new redesigned stage 2 participate in the making of the LPT blades. The CAA classified this 14 CFR Part 39 proposed rule by submitting such service bulletin as mandatory and [Docket No. 2001–NE–14–AD] written data, views, or arguments as issued AD 005–07–2000 in order to they may desire. Communications assure the airworthiness of these RR RIN 2120–AA64 should identify the Rules Docket Spey 506–14A, 555–15, 555–15H, 555– number and be submitted in triplicate to Airworthiness Directives; Rolls-Royce 15N, and 555–15P turbojet engines in the address specified above. All the UK. plc Models Spey 506–14A, 555–15, communications received on or before 555–15H, 555–15N, and 555–15P the closing date for comments, specified Bilateral Agreement Information Turbojet Engines above, will be considered before taking This engine model is manufactured in AGENCY: Federal Aviation action on the proposed rule. The the UK and is type certificated for Administration, DOT. proposals contained in this action may operation in the United States under the ACTION: Notice of proposed rulemaking be changed in light of the comments provisions of Section 21.29 of the (NPRM). received. Federal Aviation Regulations (14 CFR Comments are specifically invited on 21.29) and the applicable bilateral SUMMARY: The Federal Aviation the overall regulatory, economic, airworthiness agreement. Pursuant to Administration (FAA) proposes to adopt environmental, and energy aspects of this bilateral airworthiness agreement, a new airworthiness directive (AD) that the proposed rule. All comments the CAA has kept the FAA informed of is applicable to Rolls-Royce plc (RR) submitted will be available, both before the situation described above. The FAA Spey 506–14A, 555–15, 555–15H, 555– and after the closing date for comments, has examined the findings of the CAA, 15N, and 555–15P turbojet engines. This in the Rules Docket for examination by reviewed all available information, and proposal would require replacing interested persons. A report determined that AD action is necessary certain stage 2 low pressure turbine summarizing each FAA-public contact for products of this type design that are (LPT) blades with new redesigned stage concerned with the substance of this certificated for operation in the United 2 LPT blades. This proposal is prompted proposal will be filed in the Rules States. by several reports of failures of stage 2 Docket. LPT blades. The actions specified by the Commenters wishing the FAA to Proposed Requirements of This AD proposed AD are intended to prevent acknowledge receipt of their comments Since an unsafe condition has been failure of the stage 2 LPT blades, which submitted in response to this action identified that is likely to exist or could result in an engine shutdown. must submit a self-addressed, stamped develop on other RR Spey 506–14A,
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555–15, 555–15H, 555–15N, and 555– Administration proposes to amend part FAA Principal Maintenance Inspector, who 15P turbojet engines of the same type 39 of the Federal Aviation Regulations may add comments and then send it to the design that are used on airplanes (14 CFR part 39) as follows: Manager, ECO. registered in the United States, the Note 2: Information concerning the proposed AD would require replacing PART 39—AIRWORTHINESS existence of approved alternative methods of existing stage 2 LPT blades, part DIRECTIVES compliance with this airworthiness directive, if any, may be obtained from the ECO. numbers (P/N’s) JR34024 and JR34069, 1. The authority citation for part 39 with new redesigned stage 2 LPT blades, continues to read as follows: Special Flight Permits P/N JR35388. The actions would be Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Special flight permits may be issued in required to be done in accordance with accordance with §§ 21.197 and 21.199 of the the service bulletin described § 39.13 [Amended] Federal Aviation Regulations (14 CFR 21.197 previously. 2. Section 39.13 is amended by and 21.199) to operate the airplane to a Economic Analysis adding the following new airworthiness location where the requirements of this AD can be done. directive: There are approximately 407 engines Note 3: The subject of this AD is addressed of the affected design in the worldwide Rolls-Royce plc: in CAA airworthiness directive 005–07–2000. fleet. The FAA estimates that 54 engines Docket No. 2001–NE–14–AD. installed on airplanes of U.S. registry Issued in Burlington, Massachusetts, on Applicability April 11, 2002. would be affected by this proposed AD. This airworthiness directive (AD) is Francis A. Favara, The FAA also estimates that it would applicable to Rolls-Royce plc (RR) Spey 506– Acting Manager, Engine and Propeller take approximately 200 work hours per 14A, 555–15, 555–15H, 555–15N, and 555– Directorate, Aircraft Certification Service. engine to accomplish the proposed 15P turbojet engines with stage 2 low actions, and that the average labor rate pressure turbine (LPT) blades, part numbers [FR Doc. 02–9394 Filed 4–17–02; 8:45 am] is $60 per work hour. Required parts (P/N’s) JR34024 or JR34069 installed. These BILLING CODE 4910–13–P would cost approximately $89,981 per engines are installed on, but not limited to engine. Based on these figures, the total British Aerospace Airbus Ltd. BAC 1–11 and Fokker F.28 Mark 1000, Mark 2000, Mark DEPARTMENT OF TRANSPORTATION cost of the proposed AD on U.S. 3000, and Mark 4000 airplanes. operators is estimated to be $5,506,974. Note 1: This AD applies to each engine Federal Aviation Administration Regulatory Analysis identified in the preceding applicability provision, regardless of whether it has been 14 CFR Part 71 This proposed rule does not have modified, altered, or repaired in the area federalism implications, as defined in subject to the requirements of this AD. For [Airspace Docket No. 02–AEA–01] Executive Order 13132, because it engines that have been modified, altered, or would not have a substantial direct repaired so that the performance of the Establishment of Class E Airspace; effect on the States, on the relationship requirements of this AD is affected, the Lee Airport, Annapolis, MD between the national government and owner/operator must request approval for an AGENCY: Federal Aviation the States, or on the distribution of alternative method of compliance in Administration (FAA), DOT. power and responsibilities among the accordance with paragraph (b) of this AD. The request should include an assessment of ACTION: Notice of proposed rulemaking. various levels of government. the effect of the modification, alteration, or Accordingly, the FAA has not consulted repair on the unsafe condition addressed by SUMMARY: This action proposes to with state authorities prior to this AD; and, if the unsafe condition has not establish Class E airspace at Lee Airport publication of this proposed rule. been eliminated, the request should include (ANP), Annapolis, MD. The For the reasons discussed above, I specific proposed actions to address it. development of a Standard Instrument certify that this proposed regulation (1) Compliance Approach Procedure (SIAP) to serve is not a ‘‘significant regulatory action’’ flights operating into the Lee Airport under Executive Order 12866; (2) is not Compliance with this AD is required as indicated, unless already done. during Instrumental Flight Rules (IFR) a ‘‘significant rule’’ under the DOT conditions make this action necessary. Regulatory Policies and Procedures (44 To prevent failure of the stage 2 LPT blades, which could result in an engine Controlled airspace extending upward FR 11034, February 26, 1979); and (3) if shutdown, do the following: from 700 feet Above Ground Level promulgated, will not have a significant (a) Replace existing stage 2 LPT blades P/ (AGL) is needed to contain aircraft economic impact, positive or negative, N’s JR34024 and JR34069 with complete sets executing an approach. The area would on a substantial number of small entities of serviceable blades in accordance with the be depicted on aeronautical charts for Accomplishment Instructions of RR service under the criteria of the Regulatory pilot reference. Flexibility Act. A copy of the draft bulletin Sp72–1064, Revision 1, dated regulatory evaluation prepared for this February 1, 2001, and the following DATES: Comments must be received on action is contained in the Rules Docket. compliance times: or before May 20, 2002. (1) For RR Spey 506–14A engines, replace ADDRESSES: Send comments on the A copy of it may be obtained by blades at the next piece-part opportunity, but contacting the Rules Docket at the no later than June 30, 2010. proposal in triplicate to: Manager, location provided under the caption (2) For Spey 555–15, 555–15H, 555–15N, Airspace Branch, AEA–520, Docket No. ADDRESSES. and 555–15P turbojet engines, replace blades 02–AEA–01, FAA Eastern Region, 1 at the next piece-part opportunity, but no Aviation Plaza, Jamaica, NY 11434– List of Subjects in 14 CFR Part 39 later than December 31, 2005. 4809. Air transportation, Aircraft, Aviation Alternative Methods of Compliance The official docket may be examined safety, Safety. in the Office of the Regional Counsel, (b) An alternative method of compliance or AEA–7, FAA Eastern Region, 1 Aviation The Proposed Amendment adjustment of the compliance time that provides an acceptable level of safety may be Plaza, Jamaica, NY 11434–4809. Accordingly, pursuant to the used if approved by the Manager, Engine An informal docket may also be authority delegated to me by the Certification Office (ECO). Operators must examined during normal business hours Administrator, the Federal Aviation submit their request through an appropriate in the Airspace Branch, AEA–520, FAA
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Eastern Region, 1 Aviation Plaza, establish Class E airspace area at Paragaph 6005 Class E airspace areas Jamaica, NY 11434–4809. Annapolis, MD. The development of a extending upward from 700 feet or more above the surface for the earth. FOR FURTHER INFORMATION CONTACT: Mr. SIAP to serve flights operating into the Francis T. Jordan, Jr., Airspace airport under Instrument Flight Rules AEA MD E5, Annapolis [NEW] Specialist, Airspace Branch, AEA–520, (IFR) make this action necessary. Lee Airport FAA Eastern Region, 1 Aviation Plaza, Controlled airspace extending upward (L. 38°56′57″N., Long. 76°34′10″W.) Jamaica, NY 11434–4809; telephone: from 700 feet AGL is needed to That airspace extending upward from 700 (718) 553–4521. accommodate the SIAP. Class E airspace feet above the surface within a 6.2 mile SUPPLEMENTARY INFORMATION: designations for airspace areas radius of the Lee Airport, Annapolis, MD. extending upward from 700 feet or more Comments Invited above the surface are published in Issued in Jamaica, New York on April 8, 2002. Interested parties are invited to Paragraph 6005 of FAA Order 7400.9J, participate in this proposed rulemaking dated August 31, 2001, and effective F.D. Hatfield, by submitting such written data, views, September 16, 2001, which is Manager, Air Traffic Division, Eastern Region. or arguments as they may desire. incorporated by reference in 14 CFR [FR Doc. 02–9405 Filed 4–17–02; 8:45 am] Comments that provide the factual basis 71.1. The Class E airspace designation BILLING CODE 4910–13–M supporting the views and suggestions listed in this document would be presented are particularly helpful in published subsequently in the Order developing reasoned regulatory DEPARTMENT OF ENERGY decisions on the proposal. Comments The FAA has determined that this are specifically invited on the overall proposed regulation only involves an Federal Energy Regulatory regulatory, economic, environmental, established body of technical Commission and energy-related aspects of the regulations for which frequent and proposal. Communications should routine amendments are necessary to 18 CFR Part 284 identify the airspace docket number and keep them operationally current. be submitted in triplicate to the address Therefore, this proposed regulation—(1) [Docket No. RM01–6–000] listed above. Commenters wishing the is not a ‘‘significant regulatory action’’ Assignment of Firm Capacity on FAA to acknowledge receipt of their under Executive Order 12866; (2) is not Upstream Interstate Pipelines; Notice comments on this action must submit a ‘‘significant rule’’ under DOT of Proposed Rulemaking with those comments a self-addressed, Regulatory Policies and Procedures (44 stamped postcard on which the FR 11034; February 26, 1979); and (3) April 10, 2002. following statement is made: does not warrant preparation of a AGENCY: Federal Energy Regulatory ‘‘Comments to Airspace Docket No. regulatory evaluation as the anticipated Commission, DOE. ‘‘02–AEA–01’’. The postcard will be impact is so minimal. Since this is a ACTION: Notice of proposed rulemaking. date/time stamped and returned to the routine matter that would only affect air commenter. All communications traffic procedure and air navigation, it is SUMMARY: The Federal Energy received on or before the closing date certified that this proposed rule would Regulatory Commission is proposing to for comments will be considered before not have significant economic impact on remove from its regulations the Order taking action on the proposed rule. The a substantial number of small entities No. 636 requirement that pipelines proposal contained in this action may under the criteria of the Regulatory assign their upstream capacity to their be changed in light of comments Flexibility Act. firm shippers. This requirement was a received. All comments submitted will necessary part of the unbundling of be available for examination in the List of Subjects in 14 CFR Part 71 interstate pipelines’ gas sales from their Rules Docket closing both before and gas transportation service required in after the closing date for comments. A Airspace, Incorporation by reference, Order No. 636. On December 14, 2000, report summarizing each substantive Navigation (air). the Commission announced a new public contact with the FAA personnel The Proposed Amendment policy allowing unbundled open access concerned with this rulemaking will be pipelines to acquire and hold capacity filed in the docket. In consideration of the foregoing, the on other pipelines without prior Availability of NPRMs Federal Aviation Administration Commission approval. Since the proposes to amend 14 CFR Part 71 as unbundling of interstate gas sales from Any person may obtain a copy of this follows: transportation has largely been Notice of Proposed Rulemaking (NPRM) accomplished, and since the by submitting a request to the Office of PART 71—[AMENDED] Commission has developed a new the Regional Counsel, AEA–7, FAA policy allowing pipelines to acquire Eastern Region, 1 Aviation Plaza, 1. The authority citation for 14 CFR capacity on other pipelines, Subpart H Jamaica, NY 11434–4809. Part 71 continues to read as follows: is no longer relevant. Communications must identify the DATES: Written comments are due on or docket number of this NPRM. Persons Authority: 49 U.S.C. 106(g), 40103, 40113, before June 3, 2002. interested in being placed on a mailing 40120; EO 10854, 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. list for future NPRMs should also ADDRESSES: Send comments to: Office of the Secretary, Federal Energy Regulatory request a copy of Advisory Circular No. § 71.1 [AMENDED] 11–2A, which describes the application Commission, 888 First Street, NE., procedure. 2. The incorporation by reference in Washington, DC 20426. 14 CFR 71.1 of Federal Aviation FOR FURTHER INFORMATION CONTACT: The Proposal Administration Order 7400.9J, dated Cecilia Desmond, Office of the General The FAA is considering an August 31, 2001, and effective Counsel, Federal Energy Regulatory amendment to Part 71 of the Federal September 16, 2001, is proposed to be Commission, 888 First Street, NE., Aviation Regulations (14 CFR Part 71) to amended as follows: Washington, DC 20426, (202) 208–2280.
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SUPPLEMENTARY INFORMATION: (offsystem capacity).3 The Commission light of these changes. Since the reasoned that pipelines had completed requirement to assign upstream capacity I. Introduction the unbundling of gas sales and contained in § 284.242 was specific to The Federal Energy Regulatory transportation service required by Order the implementation of Order No. 636, Commission (Commission) is proposing No. 636 and that the market had become the restructuring of the natural gas to remove from its regulations the sufficiently competitive to allow industry under Order No. 636 has been requirement in subpart H of part 284 of pipelines to hold capacity on other accomplished, and the Commission now the Commission’s regulations (18 CFR pipelines. Therefore, the Commission allows pipelines to acquire capacity on 284.241 and 284.242) that pipelines said it would decide whether to allow other pipelines as can any other shipper assign their upstream capacity to their pipelines to acquire offsystem capacity without seeking Commission, subpart H firm shippers. The Commission on a case-by-case basis. is no longer necessary. However, we promulgated subpart H in Order No. Two pipelines appealed the Texas reiterate that the removal of the 636 1 as a necessary part of the Eastern requirement for case-specific regulation will not modify our Texas unbundling of interstate pipelines’ gas approval, claiming that it discriminated Eastern policy under which the sales from their gas transportation against pipelines because non-pipeline appropriateness of a pipeline’s service required in Order No. 636. Since shippers could acquire capacity without acquisitions of capacity on other the unbundling of interstate gas sales prior approval.4 They also argued that pipelines is subject to review in a from transportation has largely been the Commission’s blanket certificate and subsequent general section 4 rate accomplished, and since the capacity release regulations, which proceeding or the Commission’s Commission has developed a new require pipelines to make transportation requirement that the shipper must hold policy allowing unbundled open access services available on a title to any gas being shipped through pipelines to acquire capacity on other nondiscriminatory basis under the acquired capacity. pipelines, subpart H is no longer Commission-approved open access relevant. The Commission therefore tariffs, were sufficient to control unduly III. Environmental Analysis proposes to remove subpart H from its discriminatory or anticompetitive Commission regulations describe the regulations. actions that might arise when a pipeline circumstances where preparation of an II. Discussion acquires offsystem capacity. The court environmental assessment or an agreed and remanded the case. environmental impact statement will be In Order No. 636, the Commission On December 14, 2000, the required. 7 The Commission has required interstate gas pipelines to Commission issued its Order on categorically excluded certain actions unbundle the sale of gas from the sale Remand in the Texas Eastern from this requirement as not having a of transportation and to assign their proceeding.5 In that order, the upstream capacity to their firm significant effect on the human Commission announced a new policy 8 shippers.2 The Commission found that environment. No environmental that unbundled open access pipelines pipelines’ access to upstream capacity consideration is necessary since the will no longer be required to seek needed to provide bundled gas sales proposed action is clarifying, corrective, Commission approval before acquiring gave them an undue competitive or procedural and affects transportation offsystem capacity, that existing advantage over other gas merchants of natural gas that requires no safeguards provide the necessary 9 since the upstream capacity gave construction of facilities. pipelines access to more gas suppliers. protection against discriminatory and anticompetitive actions with respect to IV. Regulatory Flexibility Impact The Commission also found that a Statement pipeline’s holding upstream capacity acquired offsystem capacity, and that pipelines will be at-risk for the costs of The Regulatory Flexibility Act of 1980 inhibited the goal of a competitive 10 national market because the any such capacity. Before transporting (RFA) generally requires a description downstream gas purchasers would not gas for others on any acquired offsystem and analysis of proposed rules that will, be able to access the production areas capacity, the Commission required a if promulgated, have a significant and gas merchants reached by the pipeline to seek a blanket waiver of the economic impact on a substantial downstream pipeline through its shipper-must-hold-title policy by number of small entities. The upstream capacity. amending its tariff to include a general Commission is not required to make The Commission adhered to that statement that it will only transport for such analysis if a rule would not have policy for several years during the others on offsystem capacity pursuant to such an effect.11 individual pipelines’ Order No. 636 its existing open access tariff and rates.6 The Commission does not believe that restructuring proceedings. Then, in As the Commission has noted the proposed rule removal would have Texas Eastern Transmission numerous times, the natural gas such an impact on small entities. The Corporation (Texas Eastern), the marketplace has fundamentally changed proposed removal of regulations would Commission determined that Order No. since the issuance of Order No. 636. In have an impact only on interstate 636 did not create a per se rule the Texas Eastern series of orders, the pipelines, which generally do not fall precluding restructured pipelines from Commission developed and modified its within the RFA’s definition of small entering into contracts for transportation policy with respect to pipelines’ entity.12 Accordingly, pursuant to or storage capacity on other pipelines acquiring capacity on other pipelines in 7 Regulations Implementing National 3 Environmental Policy Act, 52 FR 47897 (Dec. 17, 1 Pipeline Service Obligations and Revisions to 74 FERC ¶ 61,074 (1996); 78 FERC ¶ 61,277 (1997); order on remand, 93 FERC ¶ 61,273 (2000); 1987), codified at 18 CFR Part 380. Regulations Governing Self-Implementing 8 Transportation Under Part 284 of the Commission’s reh’g denied, 94 FERC ¶ 61,139; reh’g denied, 95 18 CFR 380.4. Regulations, Order No. 636, 57 FR 13267 (Apr. 16, FERC ¶ 61,056 (2001). 9 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(27). 1992), FERC Stats & Regs., Regulations Preambles 4 See Colorado Interstate Gas Co. v. FERC, 146 10 5 U.S.C. 601–612. January 1991–June 1996 ¶ 30,939 (Apr. 8, 1992). F.3d 889 (D.C. Cir. 1998). 11 5 U.S.C. 605(b). 2 The Commission allowed pipelines to retain 5 Texas Eastern Transmission Corp., 93 FERC ¶ 12 5 U.S.C. 601(3), citing to section 3 of the Small upstream capacity for operational management and 61,273 (2000); reh’g denied, 94 FERC ¶ 61,139; Business Act, 15 U.S.C. 632. Section 3 of the Small balancing purposes and no-notice transportation reh’g denied, 95 FERC ¶ 61056 (2001). Business Act defines a ‘‘small business concern’’ as service. 6 See Texas Eastern, 95 FERC ¶ 61056 (2001). Continued
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section 605(b) of the RFA, the Commission’s public files and will be List of Subjects in 18 CFR Part 284 Commission proposes to certify that the available for inspection in the Continental shelf, Natural gas, removal of regulations proposed here Commission’s Public Reference Room at Reporting and recordkeeping will not have a significant economic 888 First Street, NE, Washington D.C. requirements, Incorporation by impact on a substantial number of small 20426, during regular business hours. reference. entities. Additionally, all comments may be viewed, printed, or downloaded By direction of the Commission. V. Information Collection Statement remotely via the Internet through Magalie R. Salas, The Office of Management and FERC’s Homepage using the RIMS link. Secretary. Budget’s (OMB) regulations require that User assistance for RIMS is available In consideration of the foregoing, the OMB approve certain information at 202–208–2222, or by E-mail to Commission proposes to amend part collection requirements imposed by [email protected]. 284, Chapter I, Title 18, Code of Federal 13 agency rules. However, this proposed VII. Document Availability Regulations, as follows. rule contains no information reporting requirements, and therefore is not In addition to publishing the full text PART 284—CERTAIN SALES AND subject to OMB approval. of this document in the Federal TRANSPORTATION OF NATURAL GAS Register, the Commission provides all UNDER THE NATURAL GAS POLICY VI. Comment Procedures interested persons an opportunity to ACT OF 1978 AND RELATED The Commission invites interested view and/or print the contents of this AUTHORITIES persons to submit comments, data, document via the Internet through views and other information concerning FERC’s Home Page (http://www.ferc.gov) 1. The authority citation for part 284 matters set out in this notice. and in FERC’s Public Reference Room continues to read as follows: To facilitate the Commission’s review during normal business hours (8:30 a.m. Authority: 15 U.S.C. 717–717w, 3301– of the comments, commenters are to 5 p.m. Eastern time) at 888 First 3432; 42 U.S.C. 1331–1356. requested to provide an executive Street, NE, Room 2A, Washington, DC 20426. §§ 284.241 and 284.242 (Subpart H) summary of their position on the issues [Removed and reserved] raised in the notice. Commenters are From FERC’s Home Page on the 2. In part 284, remove and reserve requested to identify each specific issue Internet, this information is available in subpart H, consisting of §§ 284.241 and that their discussion addresses and to both the Commission Issuance Posting 284.242. use appropriate headings. Additional System (CIPS) and the Records and issues the commenters wish to raise Information Management System [FR Doc. 02–9251 Filed 4–17–02; 8:45 am] should be identified separately. The (RIMS). BILLING CODE 6717–01–P commenters should double space their —CIPS provides access to the texts of comments. formal documents issued by the Comments may be filed on paper or Commission since November 14, SOCIAL SECURITY ADMINISTRATION electronically via the Internet and must 1994. be received by the Commission within —CIPS can be accessed using the CIPS 20 CFR Part 404 link or the Energy Information Online 45 days after publication in the Federal [Regulation No. 4] Register. Those filing electronically do icon. The full text of this document is not need to make a paper filing. For available on CIPS in ASCII and RIN 0960–AD67 WordPerfect 8.0 format for viewing, paper filings, the original and 14 copies Revised Medical Criteria for Evaluating of such comments should be submitted printing, and/or downloading. -—RIMS contains images of documents Hematological Disorders and to the Office of the Secretary, Federal Malignant Neoplastic Diseases Energy Regulatory Commission, 888 submitted to and issued by the Commission after November 16, 1981. First Street, NE, Washington DC 20426 AGENCY: Social Security Administration. and should refer to Docket No. RM01– Documents from November 1995 to the present can be viewed and printed ACTION: Proposed rules; reopening of 6–000. comment period. Comments filed via the Internet must from FERC’s Home Page using the RIMS link or the Energy Information be prepared in WordPerfect, MS Word, SUMMARY: We are reopening the Portable Document Format, or ASCII Online icon. Descriptions of comment period for the notice of format. To file the document, access the documents back to November 16, proposed rulemaking (NPRM) we Commission’s website at www.ferc.gov 1981, are also available from RIMS- published in the Federal Register (66 and click on ‘‘e-Filing,’’ and then follow on-the-Web; requests for copies of FR 59306) on November 27, 2001. Due the instructions for each screen. First these and other older documents to the significant issues raised by the time users will have to establish a user should be submitted to the Public commenters, we have decided to name and password. The Commission Reference Room. provide an additional 60-day public User assistance is available for RIMS, will send an automatic acknowledgment comment period. CIPS, and the Website during normal to the sender’s E-Mail address upon business hours from our Help line at DATES: The comment date of the NPRM receipt of comments. (202) 208–2222 (E-Mail to published at 66 FR 59306 is reopened User assistance for electronic filing is [email protected]) or the Public until June 17, 2002. available at 202–208–0258 or by E-Mail Reference at (202) 208–1371 (E-Mail to ADDRESSES: You may give us your to [email protected]. Comments should [email protected]). comments by using: our Internet site not be submitted to the E-Mail address. During normal business hours, facility (i.e., Social Security Online) at All comments will be placed in the documents can also be viewed and/or http://www.ssa.gov/regulations; e-mail printed in FERC’s Public Reference to [email protected]; telefax to (410) a business which is independently owned and operated and which is not dominant in its field of Room, where RIMS, CIPS, and the FERC 966–2830; or by letter to the operations. Website are available. User assistance is Commissioner of Social Security, P.O. 13 5 CFR Part 1320. also available. Box 17703, Baltimore, Maryland 21235–
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7703. You may also deliver them to the Richard Pazdur, ed., et al. Cancer Hannes Wandt, et al. ‘‘Safety and Cost Office of Process and Innovation Management: A Multidisciplinary Approach. Effectiveness of a 10 x109/L Trigger for Management, Social Security Third Edition, Melville, N.Y.: PRR Inc., 1999. Prophylactic Platelet Transfusions Compared 9 Administration, 2109 West Low Rise, G. Richard Lee, ed., et al. Wintrobe’s With the Traditional 20 x 10 /L Trigger: a Clinical Hematology. Tenth Edition, 2 Vols. Prospective Comparative Trial in 105 6401 Security Boulevard, Baltimore, Baltimore: Williams & Wilkins, 1998. Patients With Acute Myeloid Leukemia.’’ Maryland 21235–6401, between 8 a.m. Martin D. Abeloff, ed., et al. Clinical Blood, 91(10) 15 May 1998:3601–3606. and 4:30 p.m. on regular business days. Oncology. New York: Churchill Livingstone, Stefan Faderl, et al. ‘‘Chronic Myelogenous Comments are posted on our Internet Inc., 1995. Leukemia: Biology and Therapy.’’ Annals of site, or you may inspect them on regular Raymond E. Lenhard, Jr., Robert T Osteen, Internal Medicine, 131(3) 3 August 1999:207– business days by making arrangements and Ted Gansler, eds. Clinical Oncology. 219. with the contact person shown below. Atlanta: The American Cancer Society Inc., David P. Ryan, Carolyn C. Compton, and 2001. Robert J. Mayer. ‘‘Carcinoma of the Anal Electronic Version: The electronic file Robert C. Bast, Jr., ed., et al. Cancer Canal.’’ The New England Journal of of this document is available on the date Medicine. Fifth Edition, Hamilton, Ontario: Medicine, 342(11) 16 March 2000:792–799. of publication in the Federal Register at B.C. Decker, Inc., 2000. Mario A. Eissenberger, et al. ‘‘Bilateral http://www.access.gpo.gov/su_docs/ Phillip A. Pizzo and David G. Poplack. Orchiectomy With Or Without Flutamide For Principles and Practice of Pediatric Metastatic Prostate Cancer.’’ The New aces/aces140.html. It is also available Oncology. Third Edition, Philadelphia: on the Internet site for SSA (i.e., Social England Journal of Medicine, 339(15) 8 Lippincott-Raven, 1997. October 1998:1036–1042. Security Online) at http://www.ssa.gov/ Anthony S. Fauci, ed., et al. Principles of Scott T. Miller, et al. ‘‘Prediction of regulations/. Internal Medicine. Fourteenth Edition, New Adverse Outcomes in Children with Sickle York: McGraw Hill, 1998:334–364, 493–747. Cell Disease.’’ The New England Journal of FOR FURTHER INFORMATION CONTACT: Arnold T. Sigler and William H. Zinkham. Suzanne DiMarino, Social Insurance Medicine, 342(2) 13 January 2000:83–89. ‘‘Anemia.’’ Sports and Exercise for Children C. P. Karakousis. ‘‘Surgical Treatment of Specialist, Office of Process and with Chronic Health Conditions. Barry Malignant Melanoma.’’ Surgical Clinics of Innovation Management, Social Security Goldberg, ed. Champaign: Human Kinetics, North America, 76(6) December 1996:1299– Administration, 2109 West Low Rise, 1995:290–299. 1312. 6401 Security Boulevard, Baltimore, Margot S. Kruskall. ‘‘The Perils of Platelet Martin H. Steinberg. ‘‘Sickle Cell Disease: Maryland 21235–6401, (410) 966–5995 Transfusions.’’ The New England Journal of Pathophysiology, Diagnosis, and Treatment.’’ Medicine, 337(26) 25 December 1997:1914– Federal Practitioner, December 1998:22–47. or TTY (410) 966–5609. For information 1915. Michael D. Prados, Mitchell S. Berger, and on eligibility or filing for benefits, call James Abbruzzese, et al. ‘‘Unknown Charles B. Wilson. ‘‘Primary Central Nervous our national toll-free number, 1–800– Primary Carcinoma: Natural History and System Tumors: Advances in Knowledge and 772–1213 or TTY 1–800–325–0778, or Prognostic Factors in 657 Consecutive Treatment.’’ CA–A Cancer Journal for Patients.’’ Journal of Clinical Oncology, 12(6) visit our Internet web site, Social Clinicians, 48(6) November/December Security Online, at www.ssa.gov. June 1994:1272–1280. Samy El-Sayed and Norma Nelson. 1998:331–360. SUPPLEMENTARY INFORMATION: On ‘‘Adjuvant and Adjunctive Chemotherapy in D. H. Kraus, et al. ‘‘Surgical management November 27, 2001, we published the Management of Squamous Cell of squamous cell carcinoma of the base of the tongue.’’ American Journal of Surgery, 166(4) ‘‘Revised Medical Criteria for Evaluating Carcinoma of the Head and Neck Region: A Meta-Analysis of Prospective and October 1993:384–388. Hematological Disorders and Malignant David M. Brizel, et al. ‘‘Hyperfractionated Neoplastic Diseases’’ as an NPRM in the Randomized Trials.’’ Journal of Clinical Oncology, 14(3) March 1996:838–847. Irradiation with or without Concurrent Federal Register (66 FR 59306). This John M. Kirkwood, et al. ‘‘Interferon Alfa- Chemotherapy for Locally Advanced Head NPRM proposed to revise the criteria in 2b Adjuvant Therapy of High-Risk Resected and Neck Cancer.’’ New England Journal of the Listing of Impairments (the listings) Cutaneous Melanoma: The Eastern Medicine, 338(25) 18 June 1998:1798–1804. that we use to evaluate claims involving Cooperative Oncology Group Trial EST H. J. Lee, et al. ‘‘Long-term regional control hematological disorders and malignant 1684.’’ Journal of Clinical Oncology, 14(1) after radiation therapy and neck dissection neoplastic diseases. In the NPRM, we January 1996:7–17. for base of tongue carcinoma.’’ International Lauren Abrey, Lisa DeAngelis, and Joachim Journal of Radiation Oncology, Biology and provided a 60-day comment period that Physics, 38(5) 15 July 1997: 995–1000. ended January 28, 2002. Most of the Yahalom. ‘‘Long-Term Survival in Primary CNS Lymphoma.’’ Journal of Clinical D. P. Derman, et al. ‘‘Adjuvant comments on the NPRM were received Oncology, 16(3) March 1998:859–863. Chemotherapy (CMF) For Stage III Breast during the end of the comment period. Marianne J. Hejermstad, et al. ‘‘Health- Cancer: A Randomized Trial.’’ International These comments raised significant Related Quality of Life 1 Year After Journal of Radiation Oncology, Biology and issues regarding the proposed criteria. Allogeneic or Autologous Stem-Cell Physics, 17(2) August 1989:257–261. In order to allow the public sufficient Transplantation: A Prospective Study.’’ Karen J. Halverson, et al. ‘‘Survival time to review and comment on these Journal of Clinical Oncology, 17(2) February Following Locoregional Recurrence Of Breast issues, we are providing an additional 1999:706–718. Cancer: Univariate And Multivariate Analysis.’’ International Journal of Radiation 60-day comment period. The comments Katherine K. Matthay. ‘‘Stage 4S Neuroblastoma: What Makes It Special?’’ Oncology, Biology and Physics, 23(2) are posted on our Internet site (i.e., Journal of Clinical Oncology, 16(6) June 1992:285–291. Social Security Online) at http:// 1998:2003–2006. Benjamin Corn, et al. ‘‘Endometrial Cancer www.ssa.gov/regulations. We are also W. Mendenhall, et al. ‘‘Is Radiation With Para-Aortic Adenopathy: Patterns Of providing a list of the medical and other Therapy a Preferred Alternative to Surgery Failure And Opportunities For Cure.’’ technical sources we consulted when for Squamous Cell Carcinoma of the Base of International Journal of Radiation Oncology, we developed these proposed rules. Tongue?’’ Journal of Clinical Oncology, 18(1) Biology and Physics, 24(2) 1992:223–227. January 2000:35–42. L. B. Harrison, et al. ‘‘Detailed quality of References Saul A. Rosenberg. ‘‘Classification of life assessment in patients treated with Lymphoid Neoplasms.’’ Blood, 84(5) 1 primary radiotherapy for squamous cell A list of the sources we consulted when September 1994:1359–1360. cancer of the base of the tongue.’’ Head & developing the NPRM ‘‘Revised Medical Nancy Lee Harris, et al. ‘‘A Revised Neck, 19(3) May 1997:169–175. Criteria for Evaluating Hematological European-American Classification of G. J. Moore, J. T. Parsons, and W. M. Disorders and Malignant Neoplastic Lymphoid Neoplasms: A Proposal From the Mendenhall. ‘‘Quality of life outcomes after Diseases’’ (66 FR 59306) include the International Lymphoma Study Group.’’ primary radiotherapy for squamous cell following: Blood, 84(5) 1 September 1994:1361–1392. carcinoma of the base of tongue.’’
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International Journal of Radiation Oncology, Michael M. Sherry, et al. ‘‘Metastatic SUMMARY: The Mine Safety and Health Biology and Physics, 36(2) 1 September Breast Cancer Confined to the Skeletal Administration is announcing a change 1996:351–354. System.’’ American Journal of Medicine, 81 in the date of one of our public meetings M. Machtay, et al. ‘‘Combined surgery and September 1986:381–386. concerning the measurement and postoperative radiotherapy for carcinoma of Per-Uno Malmstrom, et al. ‘‘Five-Year the base of the tongue: analysis of treatment Followup Of A Prospective Trial Of Radical control of miners’ exposure to asbestos. outcome and prognostic value of margin Cystectomy And Neoadjuvant Chemotherapy: These meetings were announced March status.’’ Head & Neck, 19(6) September Nordic Cystectomy Trial I.’’ The Journal of 29, 2002 in the Federal Register (67 FR 1997:494–499. Urology, 55 June 1996:1903–1906. 15134) in conjunction with an Arlene A. Forastiere, et al. ‘‘NCCN Practice Mario A. Eisenberger, et al. ‘‘Prognostic Advanced Notice of Proposed Guidelines for Head and Neck Cancer.’’ Factors in Stage D2 Prostate Cancer; Rulemaking and Close of Record Notice. Oncology, 14(11A) November 2000:163–194. Important Implications for Future Trials: We are changing the date of the William H. Zinkham, Alexander J. Seidler, Results of a Cooperative Intergroup Study Charlottesville, Virginia meeting and and Thomas S. Kickler. ‘‘Variable degrees of (INT. 0036).’’ Seminars in Oncology, 21(5) suppression of hemoglobin S synthesis in October 1994:613–619. adding a seventh public meeting in subjects with hemoglobin SS disease on a Charles M. Balch, et al. ‘‘A Multifactorial Phoenix, Arizona. long-term transfusion regimen.’’ Journal of Analysis of Melanoma.’’ Annals of Surgery, DATES: The public meeting in Phoenix, Pediatrics, 124 February 1994:215–219. 193(3) March 1981:377–388. Arizona will be held on June 5, 2002. Clifton F. Mountain. ‘‘Revision in the ‘‘A Genetic Overview of Thalassemia’’ International System for Staging Lung available at
Date Location Phone
May 2nd ...... Ramada Inn, 164 Fort Couch Road, Pittsburgh, PA 15241 ...... (412) 833–5300. May 14th ...... Days Inn, 4212 W Sunset Blvd, Spokane, WA 99224 ...... (509) 747–2021. May 16th ...... Hampton Inn & Suites, 800 Mason Street, Vacaville, CA 95687 ...... (707) 469–6200.
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Date Location Phone
May 29th ...... Best Western, 90 E Main Street, Canton, NY 13617 ...... (315) 386–8522. June 5th ...... Hampton Inn Phoenix Midtown, 160 West Catalina Drive, Phoenix, (602) 200–0990. AZ 85013. June 12th ...... Days Inn, 701 Hattrick Ave, Virginia, MN 55734 ...... (218) 744–2703. June 20th ...... Holiday Inn, 1901 Emmet Street Charlottesville, VA 22901 ...... (434) 977–7700.
The public meetings will begin at 9 Waiver of Certain TRICARE deployments for an unspecified period a.m. and end after the last speaker Deductibles of time, this change provides family- appears; and in any event, not later than Often a call to active duty for a friendly coverage when we need family 5 p.m. each day. member of a Reserve Component or of cooperation to respond effectively to the Dated: April 12, 2002. the National Guard presents certain deployment situation. For purposes of this provision, a dependent is limited to John R. Caylor, financial hardships. Dependents of a spouse (but not a former spouse) of the Deputy Assistant Secretary of Labor for Mine these individuals become eligible for member and a child who is dependent Safety and Health. TRICARE Standard if the member is upon the member for over one-half of [FR Doc. 02–9482 Filed 4–17–02; 8:45 am] called to active duty for a period of the child’s support as defined in more than 30 days. However, since they BILLING CODE 4510–43–P §§199.3(b)(2)(ii)(A) through (b)(2)(ii)(F) are not covered by TRICARE prior to the and (b)(2)(ii)(H)(1), (b)(2)(ii)(H)(2) and member’s call to active duty, they (b)(2)(ii)(H)(4). DEPARTMENT OF DEFENSE generally are covered by some other health plan under which they probably Enrollment in TRICARE Prime Office of the Secretary have been required to pay a deductible. Enrollment in TRICARE Prime In order to mitigate the hardship of normally must be for a period of one 32 CFR Part 199 having to meet a second deductible for year. Section 199.17(v), provides for the [RIN 0720–AA72] active duty service that often is less than establishment of administrative a year, the TRICARE deductible has requirements and procedures to ensure TRICARE; Waiver of Certain TRICARE been reduced or waived on two reasonable implementation and Deductibles; Clarification of TRICARE previous occasions. For dependents of operation of the TRICARE program. Prime Enrollment Period active duty members of pay grade E–5 Under this authority, an exception to or above who served in connection with AGENCY: Office of the Secretary, DoD. the one-year Prime enrollment Operation Desert Shield or Operation requirement has been provided for ACTION: Proposed rule. Desert Storm, the TRICARE deductible Reservists and members of the National was reduced to the lesser amounts SUMMARY: This proposed rule Guard who are called or ordered to required for active duty members of pay implements section 714 of the National active duty for a period of 179 days or grade E–4 or below. For dependents of Defense Authorization Act for Fiscal more. A second exception has been certain reserve members who were Year 2000 which authorizes the established for those beneficiaries who called to active duty for more than 30 Secretary of Defense to waive the are eligible to enroll in Prime but have days in support of Operation Joint TRICARE deductible in certain cases for less than one year of TRICARE Endeavor, the TRICARE deductible was care provided to a dependent of a eligibility remaining. For example, the waived. member of a Reserve Component or the dependents of an active duty member Section 714 of the National Defense National Guard who is called to active may enroll in Prime even though the Authorization Act for Fiscal Year 2000 duty for more than 30 days but less than member has less than one year of active (Pub. L. 106–65) gives the Secretary of one year. In implementing this rule, we duty service remaining, and the member Defense authority to waive the TRICARE are limiting this to Reserve Component will not be eligible for retirement at the deductible for certain beneficiaries in and National Guard members called to end of the member’s active duty service. circumstances similar to those when it active duty in support of a contingency This proposed rule establishes was previously waived. Specifically the operations. The term ‘‘contingency specific regulatory authority for these Secretary may waive the deductible for operations’’ is defined at 10 U.S.C. exceptions. care provided to a dependent of: (1) A 101(a)(13). This proposed rule also member of a Reserve Component who is Regulatory Procedures establishes circumstances under which called or ordered to active duty in eligible beneficiaries may enroll in Executive Order (EO) 12866 requires support of a contingency operation for TRICARE Prime for a period of less than that a comprehensive regulatory impact a period of more than 30 days but less one year. analysis be performed on any than one year; or (2) a member of the economically significant regulatory DATES: Public comments must be National Guard who is called or ordered action, defined as one which would received by June 17, 2002. to full-time National Guard duty for a result in an annual effect of $100 ADDRESSES: Forward comments to: period of more than 30 days but less million or more on the national TRICARE Management Activity (TMA), than one year. The proposed rule allows economy or which would have other Medical Benefits and Reimbursement the family members of a Reservist or substantial impacts. Systems, 16401 East Centretech National Guard member an immediate The Regulatory Flexibility Act (RFA) Parkway, Aurora, CO 80011–9043. opportunity to participate in the requires that each Federal agency FOR FURTHER INFORMATION CONTACT: TRICARE program without the barrier of prepare, and make available for public Stephen E. Isaacson, Medical Benefits deductibles when the period of recall is comment, a regulatory flexibility and Reimbursement Systems, TMA, in support of a contingency operation analysis when the agency issues a (303) 676–3572. for more than 30 days but less than one regulation which would have a SUPPLEMENTARY INFORMATION: year. Because of the nature of rapid significant impact on a substantial
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number of small entities. We certify that action to disenroll; they are no longer ADDRESSES: You may mail comments this proposed rule would not eligible for enrollment in TRICARE and related material to U.S. Coast Guard significantly affect a substantial number Prime; or they are disenrolled for failure Marine Safety Office Milwaukee, 2420 of small entities. to pay required enrollment fees. For South Lincoln Memorial Drive, This rule has been designated as those who remain eligible for TRICARE Milwaukee, WI 53207. Marine Safety significant and has been reviewed by Prime enrollment, no later than 15 days Office Milwaukee maintains the public the Office Management and Budget as before the expiration date of an docket for this rulemaking. Comments required under the provisions of E.O. enrollment, the sponsor will be sent a and material received from the public, 12866. written notification of the pending as well as documents indicated in this expiration and renewal of the TRICARE preamble as being available in the Paperwork Reduction Act Prime enrollment. TRICARE Prime docket, will become part of this docket This rule imposes no burden as enrollments shall be automatically and will be available for inspection or defined by the Paperwork Reduction renewed upon the expiration of the copying at Marine Safety Office Act of 1995. enrollment unless the renewal is Milwaukee between 7 a.m. and 3:30 List of Subjects in 32 CFR Part 199 declined by the sponsor. Termination of p.m., Monday through Friday, except enrollment for failure to pay enrollment Federal holidays. Claims, Handicapped, Health fees is addressed in paragraph (o)(3) of FOR FURTHER INFORMATION CONTACT: insurance, and Military personnel. this section. Lieutenant Commander Tim Sickler, Accordingly, 32 CFR part 199 is (ii) Exceptions to the 12-month U.S. Coast Guard Marine Safety Office amended as follows: enrollment period. Milwaukee, 2420 South Lincoln PART 199—[AMENDED] (A) Beneficiaries who are eligible to Memorial Drive, Milwaukee, WI 53207. enroll in TRICARE Prime but have less The telephone number is (414) 747– 1. The authority citation for Part 199 than one year of TRICARE eligibility 7155. continues to read as follows: remaining may enroll. SUPPLEMENTARY INFORMATION: Authority: 5 U.S.C. 301; 10 U.S.C. Chapter (B) The dependents of a reservist or of 55. a member of the National Guard who is Request for Comments called to active duty for a period of 179 2. Section 199.4 is proposed to be We encourage you to participate in days or more may enroll in TRICARE this rulemaking by submitting amended by adding a new paragraph Prime. (f)(2)(i)(H) to read as follows. comments and related material. If you * * * * * do so, please include your name and § 199.4 Basic program benefits. Dated: April 11, 2002. address, identify the docket number for * * * * * L.M. Bynum, this rulemaking (CGD09–02–007), (f) * * * Alternate OSD Federal Register Liaison indicate the specific section of this (2) * * * Officer, Department of Defense. document to which each comment (i) * * * [FR Doc. 02–9244 Filed 4–17–02; 8:45 am] applies, and give the reason for each (H) The Secretary of Defense, or a BILLING CODE 5001–08–P comment. Please submit all comments designee, may waive the annual fiscal and related material in an unbound year deductible for a dependent of a format, no larger than 81⁄2 by 11 inches, member of a Reserve Component who is suitable for copying. If you would like called or ordered to active duty for a DEPARTMENT OF TRANSPORTATION to know they reached us, please enclose period of more than 30 days but less a stamped, self-addressed postcard or than one year or a member of the Coast Guard envelope. We will consider all National Guard who is called or ordered comments and material received during to full-time National Guard duty for a 33 CFR Part 165 the comment period. We may change period of more than 30 days but less this proposed rule in view of them. than one year, in support of a [CGD09–02–007] Public Meeting contingency operation (as defined in 10 RIN 2115–AA97 U.S.C. 101(a)(13)) for care received on or We do not now plan to hold a public since October 5, 1999. For purposes of Security Zones; Captain of the Port meeting. But you may submit a request this paragraph, a dependent is a spouse Milwaukee Zone, Lake Michigan for a meeting by writing to U.S. Coast (but not a former spouse) of the member Guard Marine Safety Office Milwaukee and a child who is dependent upon the AGENCY: Coast Guard, DOT. at the address under ADDRESSES member for over one-half of the child’s ACTION: Notice of proposed rulemaking. explaining why one would be support as defined in §199.3 (b)(2)(ii)(A) beneficial. If we determine that one through (b)(2)(ii)(F) and (b)(2)(ii)(H)(1), SUMMARY: The Coast Guard proposes to would aid this rulemaking, we will hold (b)(2)(ii)(H)(2) and (b)(2)(ii)(H)(4). establish permanent security zones on one at a time and place announced by the navigable waters of Lake Michigan * * * * * a later notice in the Federal Register. in the Captain of the Port Zone 3. Section 199.17 is proposed to be Milwaukee. These security zones are Background and Purpose amended by revising paragraph (o)(2) to necessary to protect the nuclear power read as follows: On September 11, 2001, the United plants from possible sabotage or other States was the target of coordinated § 199.17 TRICARE program. subversive acts, accidents, or possible attacks by international terrorists * * * * * acts of terrorism. These zones are resulting in catastrophic loss of life, the (o) * * * intended to restrict vessel traffic from a destruction of the World Trade Center, (2) Enrollment period. portion of Lake Michigan. and significant damage to the Pentagon. (i) Beneficiaries who select the DATES: Comments and related material National security and intelligence TRICARE Prime option remain enrolled must reach the Coast Guard on or before officials warn that future terrorists for 12 month increments until: they take May 20, 2002. attacks are likely.
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This regulation proposes to establish W, then southwesterly to 44° 16.7 N, they can better evaluate its effects on two permanent security zones for the 087° 32.03 W, then northwesterly along them and participate in the rulemaking. following facilities: the shoreline back to the point of origin If the rule would affect your small (1) Point Beach nuclear power plant, (NAD 83). business, organization, or governmental and jurisdiction and you have questions Regulatory Evaluation (2) Kewaunee nuclear power plant. concerning its provisions or options for These security zones are necessary to This proposed rule is not a compliance, please contact the office protect the public, facilities, and the ‘‘significant regulatory action’’ under listed in ADDRESSES in this preamble. surrounding area from possible sabotage section 3(f) of Executive Order 12866, Small businesses may send comments or other subversive acts. All persons Regulatory Planning and Review, and on the actions of Federal employees other than those approved by the does not require an assessment of who enforce, or otherwise determine Captain of the Port Milwaukee, or his potential costs and benefits under compliance with, Federal regulations to on-scene representative, are prohibited section 6(a)(3) of that Order. The Office the Small Business and Agriculture from entering or moving within the of Management and Budget has not Regulatory Enforcement Ombudsman zones. The Captain of the Port reviewed it under that Order. It is not and the Regional Small Business Milwaukee may be contacted via VHF ‘‘significant’’ under the regulatory Regulatory Fairness Boards. The Channel 16 for further instructions to policies and procedures of the Ombudsman evaluates these actions request permission before transiting Department of Transportation (DOT) (44 annually and rates each agency’s through the restricted area. The Captain FR 11040, February 26, 1979). responsiveness to small business. If you of the Port Milwaukee’s on-scene We expect the economic impact of wish to comment on actions by representative will be the patrol this proposed rule to be so minimal that employees of the Coast Guard, call 1– commander. In addition to publication a full Regulatory Evaluation under 888–REG–FAIR (1–888–734–3247). in the Federal Register, the public will paragraph 10(e) of the regulatory be made aware of the existence of these policies and procedures of DOT is Collection of Information security zones, their exact locations, and unnecessary. There will be no impact on This proposed rule would call for no the restrictions involved via Broadcast commercial vessel traffic as a result of new collection of information under the Notice to Mariners. these security zones. Paperwork Reduction Act of 1995 (44 Discussion of Proposed Rule Small Entities U.S.C. 3501–3520.). Following the catastrophic nature and Under the Regulatory Flexibility Act Federalism extent of damage realized from the (5 U.S.C. 601–612), we have considered aircraft flown into the World Trade whether this proposed rule would have We have analyzed this proposed rule Center towers, this rulemaking is a significant economic impact on a under Executive Order 13132, necessary to protect the national substantial number of small entities. Federalism, and have determined that security interests of the United States The term ‘‘small entities’’ comprises this rule does not have implications for against future strikes against public small businesses, not-for-profit federalism under that Order. targets. The security zones protecting organizations that are independently Unfunded Mandates Reform Act the nuclear power plants are necessary owned and operated and are not to safeguard the supply of electricity dominant in their fields, and The Unfunded Mandates Reform Act along Lake Michigan and to protect the governmental jurisdictions with of 1995 (2 U.S.C. 1531–1538) requires public from possible exposure to the populations of less than 50,000. Federal agencies to assess the effects of radioactive materials that could be The Coast Guard certifies under 5 their discretionary regulatory actions. In released into the environment as a result U.S.C. 605(b) that this proposed rule particular, the Act addresses actions of a terrorist attack on those facilities. would not have a significant economic that may result in the expenditure by a On October 12, 2001, the Coast Guard impact on a substantial number of small State, local, or tribal government, in the published temporary security zones entities. aggregate, or by the private sector of around Kewaunee nuclear power plant This security zone will not have a $100,000,000 or more in any one year. (66 FR 52036) and Point Beach nuclear significant economic impact on a Though this proposed rule would not power plant (66 FR 52041). The current substantial number of small entities for result in such an expenditure, we do regulation proposes to establish the following reasons. This rule will not discuss the effects of this rule elsewhere permanent security zones for the obstruct the regular flow of traffic and in this preamble. following locations: will allow vessel traffic to pass around (1) Kewaunee—All navigable waters the security zone. Taking of Private Property of Western Lake Michigan commencing If you think that your business, from a point on the shoreline at 44° organization, or governmental This proposed rule would not affect a 20.647 N, 087° 32.1 W, then easterly to jurisdiction qualifies as a small entity taking of private property or otherwise 44° 20.647 N, 087° 31.866 W, then and that this rule would have a have taking implications under southerly to 44° 20.391 N, 087° 31.866 significant economic impact on it, Executive Order 12630, Governmental W, then westerly to 44° 20.391 N, 087° please submit a comment (see Actions and Interference with Constitutionally Protected Property 32.067 W, then northerly following the ADDRESSES) explaining why you think it shoreline back to the point of origin. qualifies and how and to what degree Rights. These coordinates are based upon North this rule would economically affect it. Civil Justice Reform American Datum 1983 (NAD 83). (2) Point Beach—All navigable waters Assistance for Small Entities This proposed rule meets applicable of Western Lake Michigan commencing Under section 213(a) of the Small standards in sections 3(a) and 3(b)(2) of from a point on the shoreline at 44° 17.1 Business Regulatory Enforcement Executive Order 12988, Civil Justice N, 087° 32.25 W, then northeasterly to Fairness Act of 1996 (Public Law 104– Reform, to minimize litigation, 44° 17.2 N, 087° 31.98 W, then 121), we want to assist small entities in eliminate ambiguity, and reduce southeasterly to 44° 16.8 N, 087° 31.7 understanding this proposed rule so that burden.
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Protection of Children §§ 165.T09–109 and 165.T09–110 ACTION: Notice of proposed rulemaking. [Removed] We have analyzed this proposed rule 2. Remove §§ 165.T09–109 and SUMMARY: The Coast Guard proposes to under Executive Order 13045, 165.T09–110. establish 29 permanent safety zones for Protection of Children from 3. Add § 165.913 to read as follows: annual fireworks displays throughout Environmental Health Risks and Safety the Captain of the Port Milwaukee Zone. Risks. This rule is not an economically § 165.913 Security Zones; Captain of the These safety zones are necessary to significant rule and would not create an Port Milwaukee Zone, Lake Michigan. control vessel traffic within the environmental risk to health or risk to (a) Location. The following is a immediate vicinity of the fireworks safety that might disproportionately security zone: launch sites and to ensure the safety of affect children. (1) Kewaunee Nuclear Power Plant. life and property during each event. All navigable waters of Western Lake Indian Tribal Governments These safety zones are intended to Michigan commencing from a point on restrict vessels from that area the shoreline at 44° 20.647 N, 087° 32.1 This proposed rule does not have encompassed by the safety zone for the W, then easterly to 44° 20.647 N, 087° tribal implications under Executive duration of each firework display. 31.886 W, then southerly to 44° 20.391 Order 13175, Consultation and N, 087° 31.866 W, then westerly to 44° DATES: Comments and related material Coordination with Indian Tribal 20.391 N, 087° 32.067 W, then northerly must reach the Coast Guard on or before Governments, because it would not have following the shoreline back to the point June 17, 2002. a substantial direct effect on one or of origin (NAD 83). ADDRESSES: You may mail or hand- more Indian tribes, on the relationship (2) Point Beach Nuclear Power Plant. deliver comments and related material between the Federal Government and All navigable waters of Western Lake to Commanding Officer, U.S. Coast Indian tribes, or on the distribution of Michigan commencing from a point on Guard Marine Safety Office Milwaukee, power and responsibilities between the the shoreline at 44° 17.1 N, 087° 32.25 2420 South Lincoln Memorial Drive, Federal Government and Indian tribes. W, then northeasterly to 44° 17.2 N, Milwaukee, WI 53207. Marine Safety Energy Effects 087° 31.98 W, then southeasterly to 44° Office Milwaukee maintains the public 16.8 N, 087° 31.7 W, then southwesterly docket for this rulemaking. Comments We have analyzed this proposed rule to 44° 16.7 N, 087° 32.03 W then and material received from the public, under Executive Order 13211, Actions northwesterly along the shoreline back as well as the documents indicated in Concerning Regulations That to the point of origin (NAD 83). this preamble as being available in the Significantly Affect Energy Supply, (b) Regulations. (1) In accordance docket, will become part of this docket Distribution, or Use. We have with § 165.33, entry into this zone is and will be available for inspection or determined that it is not a ‘‘significant prohibited unless authorized by the copying at Marine Safety Office energy action’’ under that order because Coast Guard Captain of the Port Milwaukee between 7 a.m. and 3:30 it is not a ‘‘significant regulatory action’’ Milwaukee. Section 165.33 also p.m. Monday through Friday, except under Executive Order 12866 and is not contains other general requirements. Federal holidays. likely to have a significant adverse effect (2) Persons desiring to transit the area FOR FURTHER INFORMATION CONTACT: on the supply, distribution, or use of of the security zone may contact the LCDR Timothy Sickler, U.S. Coast energy. It has not been designated by the Captain of the Port at telephone number Guard, Marine Safety Office Milwaukee, Administrator of the Office of (414) 747–7155 or on VHF–FM Channel 2420 S. Lincoln Memorial Drive, Information and Regulatory Affairs as a 16 to seek permission to transit the area. Milwaukee, WI 53207, (414) 747–7155. significant energy action. If permission is granted, all persons and SUPPLEMENTARY INFORMATION: Environment vessels shall comply with the instructions of the Captain of the Port or Request for Comments We have considered the his or her designated representative. We encourage you to participate in environmental impact of this proposed (c) Authority. In addition to 33 U.S.C. this rulemaking by submitting rule and concluded that, under figure 2– 1231 and 50 U.S.C. 191, the authority comments and related material. If you 1, paragraph (34) (g), of Commandant for this section includes 33 U.S.C. 1226. do so, please include your name and Instruction M16475.lC, this rule is Dated: April 5, 2002. address, identify the docket number for categorically excluded from further M.R. Devries, this rulemaking CGD09–02–003 and environmental documentation. Commander, U.S. Coast Guard, Captain of indicate the specific section or event of List of Subjects in 33 CFR Part 165 the Port Milwaukee. this proposal to which each comment [FR Doc. 02–9418 Filed 4–17–02; 8:45 am] applies, and give the reason for each Harbors, Marine safety, Navigation BILLING CODE 4910–15–U comment. Please submit two copies of (water), Reporting and recordkeeping all comments and attachments in an requirements, Security measures, unbound format, no larger than 8 1/2 by Waterways. DEPARTMENT OF TRANSPORTATION 11 inches, suitable for photocopying For the reasons discussed in the and electronic filing. If you would like Coast Guard preamble, the Coast Guard proposes to to know they reached us, please enclose amend 33 CFR part 165 as follows: a stamped, self-addressed envelope or 33 CFR Part 165 postcard. We will consider all PART 165—REGULATED NAVIGATION [CGD09–02–003] comments and material received during AREAS AND LIMITED ACCESS AREAS the comment period. We may change RIN 2115–AA97 this proposal in view of them. 1. The authority citation for part 165 Safety Zones; Annual Fireworks continues to read as follows: Public Meeting Displays in the Captain of the Port Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Milwaukee Zone We do not plan to hold a public 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 meeting. But you may submit a request CFR 1.46. AGENCY: Coast Guard, DOT. for a meeting by writing to Marine
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Safety Office Milwaukee at the address to Mariners, marine information with the permission of the Coast Guard listed under ADDRESSES explaining why broadcasts, and, for those who request it Patrol Commander. one would be beneficial. If we from Marine Safety Office Milwaukee, Before the effective periods of the determine that one would aid this by facsimile (fax). zones, the Coast Guard would issue a rulemaking, we will hold one at a time Notice of Implementation to be Regulatory Evaluation and place announced by a later notice published in the Federal Register, and in the Federal Register. This proposed rule is not a in the form of Maritime Broadcast ‘‘significant regulatory action’’ under Notice to Mariners, and upon request in Background and Purpose section 3(f) of Executive Order 12866 on printed or facsimile form, to operators of Each year, various organizations in Regulatory Planning and Review and vessels who might be in the affected Wisconsin sponsor fireworks displays at therefore does not require an assessment area. If you think that your business, the same locations during the same of potential costs and benefits under organization, or governmental general time periods. Based on recent section 6(a)(3) of that order. The Office jurisdiction qualifies as a small entity accidents that have occurred in other of Management and Budget has not and that this rule would have a Captain of the Port zones, and the reviewed this rule under that order. It is significant economic impact on it, explosive hazard associated with these not significant under Department of please submit a comment (see events, the Captain of the Port has Transportation regulatory policies and ADDRESSES) explaining why you think it determined that fireworks launches in procedures (DOT) (44 FR 11040, qualifies and how and to what degree close proximity to watercraft pose a February 26, 1979). If comments are this rule would economically affect it. significant risk to public safety and received to indicate otherwise, the property. The likely combination of Captain of the Port may reconsider this Assistance for Small Entities large numbers of inexperienced determination. The Coast Guard expects Under section 213(a) of the Small recreational boaters, congested the economic impact of this proposed Business Regulatory Enforcement waterways, darkness punctuated by rule to be so minimal that a full Fairness Act of 1996 (Public Law 104– bright flashes of light, alcohol use, and Regulatory Evaluation under paragraph 121), the Coast Guard wants to assist debris falling into the water could easily 10(e) of the regulatory policies and small entities in understanding this rule result in serious injuries or fatalities. procedures of DOT is unnecessary. This so that they can better evaluate its Establishing a safety zone to control determination is based on the minimal effects and participate in the rulemaking vessel movement will ensure the safety time that vessels will be restricted from process. If the rule would affect your of persons and property at these events the zone, and all of the zones are in small business, organization, or and help minimize the associated risk. areas where the Coast Guard expects governmental jurisdiction and you have In the past, the Captain of the Port has insignificant adverse impact to mariners questions concerning its provisions or annually done separate temporary from the zones’ activation. options for compliance, please contact rulemaking for each firework event. Small Entities Marine Safety Office Milwaukee (see This proposed rule merely consolidates ADDRESSES.) past temporary rulemakings into one In accordance with the Regulatory rulemaking, includes other events for Flexibility Act (5 U.S.C. 601–612), the Collection of Information the purpose of uniformity, and allows Captain of the Port Milwaukee has This proposed rule would call for no for a more thoughtful, timely determined that this rule will not have new collection of information under the rulemaking process. This rulemaking a significant impact on a substantial Paperwork Reduction Act of 1995 (44 will create a permanent rule listing the number of small entities. The term U.S.C. 3501–3520). safety zones for each fireworks launch ‘‘small entities’’ comprises small platform used for each fireworks businesses, not-for-profit organizations Federalism display. that are independently owned and We have analyzed this proposed rule operated and are not dominant in their under Executive Order 13132 and have Discussion of Proposed Rule fields, and governmental jurisdictions determined that this rule does not have The Coast Guard is proposing to with populations of less than 50,000. implications for federalism under that establish a safety zone around all annual The Coast Guard certifies under 5 U. Order. fireworks events in the Captain of the S. C. 605(b) that this proposed rule Port Milwaukee area. The proposed size would not have a significant economic Unfunded Mandates Reform Act of these safety zones was determined by impact on a substantial number of small The Unfunded Mandates Reform Act using the National Fire Protection entities. This proposed rule would affect of 1995 (2 U.S.C. 1531–1538) requires Association standards. the following entities, some of which Federal agencies to assess the effects of The Coast Guard believes this might be small entities: the owners or their discretionary regulatory actions. In proposed rule will not pose any operators of vessels intending to transit particular, the Act addresses actions additional problems for commercial or anchor in a portion of an activated that may result in the expenditure by a vessels transiting the area. In the safety zone. The safety zone would not State, local, or tribal government, in the unlikely event that shipping is affected have a significant economic impact on aggregate, or by the private sector of by these new regulations, commercial a substantial number of small entities $100,000,000 or more in any one year. vessels may request permission from the for the following reasons. Though this proposed rule would not Captain of the Port Milwaukee to transit The zones would be in effect for only result in such an expenditure, we do through the safety zone. No commercial a few hours on the day of the event on discuss the effects of this rule elsewhere shipping lanes will be impacted as a an annual basis. Vessel traffic can safely in this preamble. result of this rulemaking. pass outside of some of the proposed The Coast Guard will announce the safety zones during the events. Taking of Private Property exact dates and times for these events by Although the safety zones for some This proposed rule would not effect a publishing a Notice of Implementation events would apply to the entire taking of private property or otherwise in the Federal Register as well as in the navigation channel, traffic would be have taking implications under Ninth Coast Guard District Local Notice allowed to pass through the safety zone Executive Order 12630, Governmental
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Actions and Interference with List of Subjects in 33 CFR Part 165 (ii) Expected date and time. Last week Constitutionally Protected Property in June through the first two weeks in Harbors, Marine safety, Navigation Rights. July; 11:30 a.m. to 9:15 p.m. (water), Reporting and recordkeeping (4) Festa Italiana Fireworks— Civil Justice Reform requirements, Security measures, Milwaukee, WI. (i) Location. All waters Waterways. This proposed rule meets applicable off of Henry W. Maier Festival Park standards in sections 3(a) and 3(b)(2) of For the reason discussed in the Harbor Island, outer Milwaukee Harbor preamble, the Coast Guard proposes to from the point of origin at 43°02.209′ N, Executive Order 12988, Civil Justice ° ′ Reform, to minimize litigation, amend 33 CFR part 165 as follows: 087 53.714 W; then southeast to 43°02.117′ N, 087°53.417′ W; then south eliminate ambiguity, and reduce PART 165—REGULATED NAVIGATION ° ′ ° ′ burden. to 43 01.767 N, 087 53.417 W; then AREAS AND LIMITED ACCESS AREAS southwest to 43°01.555′ N, 087°53.772′ Protection of Children W; then north following the shoreline 1. The authority citation for part 165 back to the point of origin. The Harbor continues to read as follows: The Coast Guard has analyzed this Island Lagoon Area is also included in proposed rule under Executive Order Authority: 33 U.S.C. 1231; 50 U.S.C. 191, this safety zone. 13045, Protection of Children from 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 (ii) Expected date and time. Third Environmental Health Risks and Safety CFR 1.46. week in July; sunset to termination of Risks. This rule is not an economically 2. Add § 165.909 to read as follows: display. significant rule and does not concern an (5) Germanfest Fireworks— environmental risk to health or risk to § 165.909 Safety Zones; Annual Fireworks Milwaukee, WI. (i) Location. All waters safety that may disproportionately affect Displays in the Captain of the Port off of Henry W. Maier Festival Park children. Milwaukee Zone Harbor Island, outer Milwaukee Harbor ° ′ Environment (a) Safety zones. The following areas from the point of origin at 43 02.209 N, are designated safety zones. All 087°53.714′ W; then southeast to The Coast Guard has considered the geographic coordinates are North 43°02.117′ N, 087°53.417′ W; then south environmental impact of this proposed American Datum of 1983 (NAD83). to 43°01.767′ N, 087°53.417′ W; rule and concluded that, under figure 2– (1) Pridefest Fireworks—Milwaukee, southwest to 43°01.555′ N, 087°53.772′ 1, paragraph 32(g) of Commandant WI. (i) Location. All waters off of Henry W; the north following the shoreline Instruction M16475.1C, this proposed W. Maier Festival Park Harbor Island, back to the point of origin. The Harbor rule is categorically excluded from outer Milwaukee Harbor from the point Island Lagoon Area is encompassed by further environmental documentation. of origin at 43°02.209′ N, 087°53.714′ W; this safety zone. A written categorical exclusion southeast to 43°02.117′ N, 087°53.417′ (ii) Expected date and time. Last full determination is available in the docket W; then south to 43°01.767′ N, weekend in July; sunset to termination for inspection or copying where 087°53.417′ W; then southwest to of display. indicated under ADDRESSES. 43°01.555′ N, 087°53.772′ W; then north (6) African World Festival— following the shoreline back to the point Milwaukee, WI. (i) Location. All waters Indian Tribal Governments of origin. The Harbor Island Lagoon off of Henry W. Maier Festival Park Area is encompassed by this safety Harbor Island, outer Milwaukee Harbor This rule does not have tribal ° ′ zone. from the point of origin at 43 02.209 N, implications under Executive Order ° ′ 13175, Consultation and Coordination (ii) Expected date and time. Second 087 53.714 W; then southeast to 43°02.117′ N, 087°53.417′ W; then south with Indian Tribal Governments, week in June; sunset to termination of ° ′ ° ′ because it does not have a substantial display. to 43 01.767 N, 087 53.417 W; then southwest to 43°01.555′ N, 087°53.772′ direct effect on one or more Indian (2) Summerfest Fireworks— W; then north following the shoreline tribes, on the relationship between the Milwaukee, WI. (i) Location. All waters back to the point of origin. The Harbor Federal Government and Indian tribes, off of Henry W. Maier Festival Park Island Lagoon Area is encompassed by or on the distribution of power and Harbor Island, outer Milwaukee Harbor this safety zone. responsibilities between the Federal from the point of origin at 43°02.209′ N, (ii) Expected date and time. First Government and Indian tribes. 087°53.714′ W; then southeast to week in August; sunset to termination of 43°02.117′ N, 087°53.417′ W; then south Energy Effects display. to 43°01.767′ N, 087°53.417′ W; then ° ′ ° ′ (7) Irishfest Fireworks—Milwaukee, We have analyzed this proposed rule southwest to 43 01.555 N, 087 53.772 WI. (i) Location. All waters off of Henry under Executive Order 13211, Actions W; then north following the shoreline W. Maier Festival Park Harbor Island, Concerning Regulations That back to the point of origin. The Harbor outer Milwaukee Harbor from the point Significantly Affect Energy Supply, Island Lagoon Area is encompassed by of origin at 43°02.209′ N, 087°53.714′ W; Distribution, or Use. We have this safety zone. then southeast to 43°02.117′ N, determined that it is not a ‘‘significant (ii) Expected date and time. Last week 087°53.417′ W; then south to 43°01.767′ energy action’’ under that order because in June; sunset to termination of N, 087°53.417′ W; then southwest to it is not a ‘‘significant regulatory action’’ display. 43°01.555′ N, 087°53.772′ W; then north under Executive Order 12866 and is not (3) Summerfest Hole-in-One Shoot/ following the shoreline back to the point likely to have a significant adverse effect Stunt Shows. (i) Location. All waters of of origin. The Harbor Island Lagoon on the supply, distribution, or use of the Harbor Island Lagoon, outer Area is encompassed by this safety energy. It has not been designated by the Milwaukee Harbor from the point of zone. Administrator of the Office of origin at 43°02.50′ N, 087°53.78′ W′ then (ii) Expected date and time. Third Information and Regulatory Affairs as a west to 43°02.50′ N, 087°53.85′ W; then week in August; sunset to termination of significant energy action. Therefore, it following the shoreline of the Henry W. display. does not require a Statement of Energy Maier Festival Park and Harbor Island (8) Mexican Fiesta Fireworks— Effects under Executive Order 13211. back to the point of origin. Milwaukee, WI. (i) Location. All waters
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off of Henry W. Maier Festival Park (ii) Expected date and time. Second an 840-foot radius of the fireworks barge Harbor Island, outer Milwaukee Harbor weekend in May; sunset to termination in approximate position 44°06.05′ N, from the point of origin at 43°02.209′ N, of display. 087°38.37′ W. 087°53.714′ W; then southeast to (13) City of Sheboygan Fourth of July (ii) Alternate location. All waters and 43°02.117′ N, 087°53.417′ W; then south Fireworks. (i) Location. All waters and the adjacent shoreline encompassed by to 43°01.767′ N, 087°53.417′ W; then adjacent shoreline of Lake Michigan the arc of a circle with a 420-foot radius southwest to 43°01.555′ N, 087°53.772′ encompassed by the arc of a circle with of the fireworks barge with its center in W; then north following the shoreline an 840-foot radius with its center in the approximate position 44°05.33′ N, back to the point of origin. The Harbor approximate position 43°44.48′ N, 087°39.00′ W. If display is moved to Island Lagoon Area is encompassed by 087°42.14′ W . This zone will secondary site, it will temporarily close this safety zone. encompass the entrance to Sheboygan entrance to Manitowoc Harbor. (ii) Expected date and time. Last week Harbor and will result in its closure (iii) Expected Date and Time. First in August; sunset to termination of while the safety zone is in effect. week in July; sunset to termination of display. (ii) Expected date and time. First display. (9) Indian Summer Fireworks— week in July; sunset to termination of (19) Fourthfest of Greater Racine. (i) Milwaukee, WI. (i) Location. All waters display. Primary location. All waters and off of Henry W. Maier Festival Park (14) City of Kenosha Fourth of July adjacent shoreline around the north Harbor Island, outer Milwaukee Harbor Fireworks. (i) Location. All waters and breakwall, Lake Michigan encompassed from the point of origin at 43°02.209′ N, adjacent shoreline around the South by the arc of a circle with a 560-foot 087°53.714′ W; then southeast to Pier Light area, Lake Michigan radius with its center in approximate ° ′ ° ′ 43°02.117′ N, 087°53.417′ W; then south encompassed by the arc of a circle with position 42 44.14 N, 087 46.30 W. to 43°01.767′ N, 087°53.417′ W; then an 840-foot radius with its center in (ii) Alternate location. All waters and ° ′ southwest to 43°01.555′ N, 087°53.772′ approximate position 42 35.17 N, adjacent shoreline encompassed by the ° ′ W; then north following the shoreline 087 48.33 W. This safety zone will arc of a circle with a 560-foot radius encompass the entrance to Kenosha with its center in approximate position back to the point of origin. The Harbor ° ′ ° ′ Island Lagoon Area is encompassed by Harbor and will result in its closure 42 44.21 N, 087 46.45 W. (This point this safety zone. while the safety zone is in effect. is on the beach north of the northern (ii) Expected date and time. First (ii) Expected date and time. First breakwall). week in September; sunset to week in July; sunset to termination of (iii) Expected date and time. First termination of display. display. week in July; sunset to termination of (15) Firstar Fireworks—Milwaukee, display. (10) Arabianfest Fireworks— WI. (i) Location. All waters and adjacent (20) Celebrate Amerifest—Green Bay, Milwaukee, WI. (i) Location. All waters shoreline south of Juneau Park, outer WI. (i) Location. All waters and adjacent off of Henry W. Maier Festival Park Milwaukee Harbor encompassed by the shoreline between the Green Bay and Harbor Island, outer Milwaukee Harbor arc of a circle with an 840-foot radius Western Railroad Bridge (mile marker from the point of origin at 43°02.209′ N, of the fireworks barge in approximate 1.03) and the Mason St. Bridge (mile 087°53.714′ W; then southeast to position 43°02.23′ N, 087°53.30′ W. marker 3.52) on the Fox River. This 43°02.117′ N, 087°53.417′ W; then south (ii) Expected date and time. First safety zone will temporarily close the to 43°01.767′ N, 087°53.417′ W; then week in July; sunset to termination of Fox River. This safety zone does not southwest to 43°01.555′ N, 087°53.772′ display. encompass the water of the East River. W; then north following the shoreline (16) Marinettefest Fireworks. (i) (ii) Expected date and time. First back to the point of origin. The Harbor Location. All waters between the U.S. week in July; 2 p.m. to 11 p.m. Island Lagoon Area is encompassed by 41 Interstate Bridge (mile marker 1.88) (21) South Shore Frolics Fireworks— this safety zone. and the NEW Hydro Inc. Dam (mile Milwaukee, WI. (i) Location. All waters (ii) Expected date and time. Second marker 2.45) on the Menominee River. and adjacent shoreline east of South week in September; sunset to This safety zone includes all adjacent Shore Park, Milwaukee Harbor termination of display. shoreline between the bridge and the encompassed by the arc of a circle with (11) St. Patrick’s Day Fireworks— dam. a 280-foot radius with its center in Manitowoc. (i) Location. All waters and (ii) Expected date and time. First approximate position 42°59.43′ N, adjacent shoreline across from the week in July; sunset to termination of 087°52.54′ W. World War II U.S. Cobia submarine, display. (ii) Expected date and time. Second Manitowoc River encompassed by the (17) Riversplash Fireworks— week in July; sunset to termination of arc of a circle with a 70-foot radius with Milwaukee, WI. (i) Location. All waters display. its center in approximate position and adjacent shoreline east of Pere (22) Kewaunee Annual Trout Festival. 44°05.30′ N, 087°39.15′ W. Marquette Park, Milwaukee River (i) Location. All waters and adjacent (ii) Expected date and time. Third encompassed by the arc of a circle with shoreline around the south breakwall week in March; sunset to termination of a 210-foot radius of the fireworks barge area, Lake Michigan encompassed by display. in approximate position 43°02.33′ N, the arc of a circle with a 560-foot radius (12) Rockets for Schools—Sheboygan, 087°54.46′ W. This safety zone will with its center in approximate position WI. (i) Location. All waters and adjacent temporarily close down the Milwaukee 44°27.30′ N, 087°29.46′ W. This safety shoreline around the south breakwall River. zone will temporarily close the entrance area, Lake Michigan encompassed by (ii) Expected date and time. First to Kewaunee Harbor. the arc of a circle with a 1260-foot week in July; sunset to termination of (ii) Expected time and date. Third radius with its center in the display. weekend in July; sunset to termination approximate position 43°44.56′ N, (18) Manitowoc Municipal Fourth of of display. 087°42.06′ W. This zone will encompass July Fireworks. (i) Primary location. All (23) Port Washington Fish Days the entrance to Sheboygan Harbor and waters and adjacent shoreline east of the Fireworks. (i) Location. All waters and will result in its closure while the safety Manitowoc Yacht Club, Lake Michigan adjacent shoreline around the zone is in effect. encompassed by the arc of a circle with Wisconsin Electric Coal Dock, Lake
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Michigan encompassed by the arc of a 3.22) and E. Chicago St. (mile marker ENVIRONMENTAL PROTECTION circle with an 840-foot radius with its 1.08) on the Milwaukee River. This AGENCY center in approximate position safety zone will temporarily close the 43°23.07′ N, 087°51.55′ W. This safety Milwaukee River for crew boat races. 40 CFR Part 52 zone will temporarily close the entrance (ii) Expected date and time. Third [AZ–076–SIP; FRL–7172–5] to Port Washington Harbor. week in September; 10 a.m. to 5 p.m. (ii) Expected date and time. Third Finding of State Implementation Plan week in July; sunset to termination of (29) Sheboygan South High School Inadequacy; Arizona—Salt River display. Homecoming Fireworks. (i) Location. All Monitoring Site; Metropolitan Phoenix; (24) Menominee Waterfront Festival. waters and adjacent shoreline around PM–10 Nonattainment Area (i) Location. All waters and adjacent the south breakwall area, Lake Michigan shoreline off the southeast side of the encompassed by the arc of a circle with AGENCY: Environmental Protection Menominee Municipal Marina, Lake a 420-foot radius with its center in Agency (EPA). Michigan encompassed by the arc of a approximate position 43°44.57′ N, ACTION: Proposed rule. circle with an 840-foot radius of the 087°42.13′ W. This safety zone will fireworks launch platform with its SUMMARY: EPA is proposing to find that temporarily close the entrance to the State implementation plan (SIP) for center in approximate position Sheboygan Harbor. 45°20.05′ N, 087°36.49′ W. the Metropolitan Phoenix (Maricopa (ii) Expected date and time. The (ii) Expected date and time. One day County), Arizona PM–10 nonattainment Saturday following the first Thursday in in the first two weeks in October; sunset area is substantially inadequate to attain August; sunset to termination of to termination of display. the 24-hour particulate (PM–10) display. (b) Regulations. (1) The general national ambient air quality standard (25) Sturgeon Bay Venetian Night regulations contained in 33 CFR 165.23 (NAAQS) at the Salt River monitoring Fireworks. (i) Location. All waters and apply. site, a small subarea of the adjacent shoreline off the Sturgeon Bay nonattainment area. As a result, EPA is Yacht Club, Sturgeon Bay Canal (2) All persons and vessels shall proposing to require the State of encompassed by the arc of a circle with comply with the instructions of the Arizona to submit a SIP revision to a 350-foot radius of the fireworks launch Coast Guard Captain of the Port or the correct the inadequacy. platform with its center in approximate designated on scene patrol personnel. DATES: Comments on this proposal must position 44°49.33′ N, 087°23.27′ W. This Coast Guard patrol personnel include be received in writing by May 20, 2002. safety zone will temporarily close down commissioned, warrant, and petty ADDRESSES: Comments should be the Sturgeon Bay Canal. officers of the U.S. Coast Guard. Upon mailed to: Frances Wicher, Office of Air (ii) Expected date and time. First being hailed by a U.S. Coast Guard Planning (AIR–2), EPA Region 9, 75 weekend in August; 10 a.m. to vessel via siren, radio, flashing light, or Hawthorne Street, San Francisco, CA termination of fireworks display. other means, the operator shall proceed 94105–3901. (26) Algoma Shanty Days Fireworks. as directed. U.S. Coast Guard Auxiliary, This document and information on (i) Primary location. All waters and representatives of the event organizer, the PM–10 plans for the metropolitan adjacent shoreline around the south and local or state officials may be Phoenix area are also available as breakwall area, Lake Michigan present to inform vessel operators of electronic files on EPA’s Region 9 Web encompassed by the arc of a circle with this regulation and other applicable Page at www.epa.gov/region09/air. a 560-foot radius with its center in laws. FOR FURTHER INFORMATION CONTACT: approximate position 44°36.22′ N, ° ′ (3) In cases where shipping is Frances Wicher, Office of Air Planning 087 25.55 W forming the primary site. (AIR–2), U.S. Environmental Protection (ii) Alternate location. All waters and affected, commercial vessels may Agency, Region 9, 75 Hawthorne Street, adjacent shoreline encompassed by the request permission from the Captain of San Francisco, California 94105. (415) arc of a circle with a 560-foot radius the Port Milwaukee to transit the safety 947–4155. E-mail: with its center in approximate position zone. Approval in such cases will be [email protected]. 44°36.28′ N, 087°25.54′ W. If the display case-by-case. Requests must be made in is moved to secondary site, the safety advance and approved by the Captain of SUPPLEMENTARY INFORMATION: zone will temporarily close entrance to the Port before transits will be Note: In this document, ‘‘we,’’ ‘‘us’’ and Algoma Harbor. authorized. The Captain of the Port may ‘‘our’’ refer to EPA. ‘‘CAA or the Act’’ refers (iii) Expected time and date. Second be contacted via U.S. Coast Guard to the Clean Air Act as amended in 1990 and week in August; sunset to termination of Group Milwaukee on Channel 16, VHF– subsequently. ‘‘PM–10’’ refers to particulate matter with a diameter of 10 microns or less. display. FM. (27) Sister Bay MarinaFest—Sister ‘‘24-hour standard’’ refers to the 24-hour (c) Captain of the Port Milwaukee will National Ambient Air Quality Standard for Bay. (i) Location. All waters and PM–10 established at 40 CFR 50.6(a). ‘‘SIP’’ adjacent shoreline off the town of Sister announce the exact time and location of the annual events listed in this or ‘‘plan’’ refers to a state implementation Bay, Lake Michigan encompassed by the plan. ‘‘ADEQ’’ is the Arizona Department of arc of a circle with a 560-foot radius of regulation by Notice of Implementation, Environmental Quality. ‘‘BACM’’ and ‘‘RFP’’ the fireworks launch platform with its Broadcast Local Notice to Mariners, or are acronyms, respectively, for best available center in approximate position any other means deemed appropriate. control measure and reasonable further ° ′ ° ′ 45 10.60 N, 087 06.60 W. Dated: April 1, 2002. progress. (ii) Expected date and time. First M.R. DeVries, week in September; sunset to I. Summary of Today’s Proposal termination of display. Commander, U.S. Coast Guard, Captain of In 1997, we approved an attainment (28) Milwaukee River Challenge— the Port, Milwaukee. demonstration as part of the Milwaukee, WI. (i) Location. All waters [FR Doc. 02–9417 Filed 4–17–02; 8:45 am] Metropolitan Phoenix serious area PM– and adjacent shoreline between the BILLING CODE 4910–15–U 10 SIP that showed the 24-hour PM–10 Humboldt Ave. Bridge (mile marker standard would not be violated at the
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Salt River site after 1998. However, data the Phoenix area (Maryvale, Gilbert, and submit, within a specified period not to from the ambient air quality monitor West Chandler). The demonstration for exceed 18 months, a SIP revision to located at the Salt River site1 shows the Salt River site showed that, with correct the inadequacy. This continuing violations of the 24-hour additional controls adopted by the local requirement for a SIP revision is known standard. Based on these continuing air quality agencies, Maricopa County as a ‘‘SIP call.’’ Specifically, section violations, we propose to find that the Environmental Services Department, 110(k)(5) provides, in relevant part: SIP is substantially inadequate to attainment at the site would occur by Whenever the Administrator finds that the provide for attainment of the 24-hour May 1998. We approved the attainment applicable implementation plan for any area standard at the Salt River site. Under and RFP demonstrations for the Salt is substantially inadequate to attain or CAA section 110(k)(5), once we River site and Maricopa County’s maintain the relevant [NAAQS] * * *, the determine that a state’s SIP is controls on August 4, 1997. See 62 Administrator shall require the State to revise substantially inadequate to attain a 41856. the plan as necessary to correct such national ambient air quality standard, Since 1997, Arizona has made two inadequacies. The Administrator shall notify we must require that state to revise its other submittals to address 24-hour the State of the inadequacies, and may establish reasonable deadlines (not to exceed SIP to correct the inadequacy. exceedances in the Phoenix area. The Based on the proposed finding of 18 months after the date of such notice) for two submittals are the 1999 Maricopa the submission of such plan revisions. inadequacy, we are also proposing to Association of Governments (MAG) require that the State of Arizona revise PM–10 plan and the June 2001 III. The Proposed Inadequacy Finding its serious area PM–10 SIP to assure Agricultural Best Management Practices and Call for a SIP Revision expeditious attainment of the 24-hour (BMP) plan. The MAG plan is the According to the approved attainment PM–10 standard for the Salt River principal part of the overall Phoenix demonstration in the Phoenix serious monitoring site and submit these serious area plan and uses the urban area plan, the Salt River site should not revisions to EPA no later than 18 airshed model (UAM) to evaluate 24- have violated the 24-hour PM–10 months after publication of the final hour exceedances in the Phoenix standard after May, 1998. See 62 FR rule for this proposal. nonattainment area and includes 31026, 31035. The site, however, II. Background to Today’s Proposals additional detailed analysis for the two continues to violate the standard.3 microscale sites which were impacted Based on data recorded in EPA’s A. The Metropolitan Phoenix Serious by agricultural sources. Regarding the Aerometric Information Retrieval Area PM–10 Plan Salt River monitoring site, the plan System (AIRS), the Salt River monitor The Phoenix area violates both the states that it presents a unique situation had 51 expected exceedances in 1999, annual PM–10 standard of 50 µg/m3 and that is difficult to model with UAM. See 43 expected exceedances in 2000, and the 24-hour standard of 150 µg/m3. 40 MAG plan, Appendix A, Exhibit 7, p. 19 expected exceedances through 3 CFR 50.6. In 1996, the Phoenix area was VI–11. The MAG plan, however, does quarters in 2001 or an average of at least classified as a serious PM–10 not further evaluate the 24-hour 37 expected exceedances per year over nonattainment area under the CAA and violations at the Salt River site, relying the past three years. 4 The 24-hour PM– required to develop a nonattainment instead on the approved attainment 10 standard is violated when the plan that provided for expeditious demonstration in the 1997 microscale expected number of exceedances attainment of both standards and met plan. average more than 1 per year over a the other applicable CAA plan The BMP plan revises the microscale three year period. See 40 CFR 50.6(a). requirements for serious areas. See 61 analysis in the MAG plan by These continuing violations clearly FR 21372 (May 10, 1996). Since 1996, demonstrating that the Arizona’s show that the existing attainment Arizona has made several SIP submittals agricultural BMP rule provides demonstration is flawed. that collectively address these planning sufficient emission reductions to Because the attainment demonstration requirements and we have acted on demonstrate attainment of the 24-hour approved into the Phoenix area PM–10 them in several rulemakings. For more PM–10 standards at the two microscale SIP in 1997 is clearly faulty and there background on the Phoenix PM–10 SIP sites, Gilbert and West Chandler, has been no substitute attainment and our actions on it, please see 65 FR impacted by agricultural source. The demonstration submitted to date, we 19964, 19965 (April 13, 2000) and 66 FR BMP plan did not include any analysis 50252, 50253 (October 2, 2001) and the of the Salt River site. 3 The Salt River site, approximately 32 square Technical Support Documents for these In January, 2002,2 we approved the miles in area or about 1 percent of the 2880 square MAG plan, the BMP plan, and several mile Phoenix nonattainment area, is located in an actions. industrial area and its 24-hour violations are most In today’s proposal, we are concerned rules which, combined with the earlier likely due in large part to the industrial sources that with the Phoenix PM–10 SIP’s microscale plan, constituted the surround it. This is in marked contrast to other provisions for attaining the 24-hour Phoenix serious area plan. With these monitoring sites in the rest of the Phoenix standard. In May, 1997, ADEQ approvals, we have approved all the nonattainment area where 24-hour exceedances are almost exclusively due to windblown fugitive dust. submitted the Plan for Attainment of the CAA-required provisions in the Phoenix The recently-approved provisions of the Phoenix 24-hour PM–10 Standard—Maricopa serious area PM–10 plan. serious area plan discussed above focused on County PM–10 Nonattainment Area, as windblown fugitive dust sources and adequately B. Clean Air Act Provisions for a SIP revision. This plan, known as the addressed 24-hour exceedances in the great Inadequate SIPs majority of the Phoenix nonattainment area. microscale plan, included attainment 4 Ambient concentrations of PM-10 are generally and RFP demonstrations for the 24-hour To assure that SIPs provide for timely not measured daily but rather are measures only PM–10 standard at the Salt River air attainment, section 110(k)(5) authorizes one day in every six, the minimum monitoring quality monitoring site as well as three EPA to find that a SIP is substantially schedule for most PM–10 monitors in EPA’s inadequate to meet a CAA requirement, regulations. See 40 CFR 58(d)(1). To account for the other ‘‘microscale’’ monitoring sites in unmonitored days, the number of recorded and to require (‘‘call for’’) the State to exceedances is adjusted by multiplying it by six. 1 The Salt River site is located in south Phoenix See 40 CFR part 50, appendix K. Therefore, one next to the Salt River. The Salt River site is the area 2 The final approval was signed on January 14, exceedances at a monitor operating one day in six centered around the Salt River monitor located near 2002 but has not been published in the Federal equals, in the most simple case, six expected 19th Avenue and Lower Buckeye Road. Register as of the signature date on this proposal. exceedance days.
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propose to find that the Phoenix area necessary, both components. consistent with the serious area plan, PM–10 SIP is substantially inadequate Additionally, for PM–10 plans, the the milestone dates should be December to attain the 24-hour PM–10 standard at demonstration of reasonable further 31, 2003 and December 31, 2006. the Salt River site. Therefore, pursuant progress and the quantitative milestones The SIP revision must also meet the to CAA section 110(k)(5), we propose to required by CAA sections 172(c)(1) and general requirements applicable to all require the State of Arizona to submit a 189(c) are derived from the control SIPs including reasonable notice and revision to the Phoenix area SIP that strategy and the attainment public hearing under section 110(l), corrects this deficiency and complies demonstration and must also be revised necessary assurances that the with all other applicable CAA when they are revised. implementing agencies have adequate requirements as described below. The CAA establishes specific personnel, funding and authority under minimum requirements for control section 110(a)(2)(E)(i) and 40 CFR IV. The Proposed Schedule and strategies in serious area PM–10 plans. 51.280 to carry out the SIP; and the Requirements for the Revised SIP Section 189(b)(1)(B) requires that such description of enforcement methods for Submittal plans provide for the implementation of the adopted controls as required by 40 A. Submittal Schedule BACM. Pursuant to CAA section 188(e), CFR 51.111. we have granted Arizona’s request to Finally, any controls adopted to Under section 110(k)(5) of the CAA, extend the attainment date for the 24- demonstrate attainment at the Salt River we have the authority to establish the hour standard in the Phoenix site or to meet the BACM or MSM date by which a state must respond to nonattainment area to December 31, requirements must be applied to all a SIP call. This date can be no later than 2006. For such extension areas, section similar sources in the Phoenix 18 months after the SIP call is issued. 188(e) requires that SIP include to our nonattainment area. The Salt River We propose that the date for satisfaction the most stringent measures monitor, as with all the microscale submitting the revisions to the Salt found in other states’ implementation monitors, was sited for two purposes: River attainment demonstration and plans or achieved in practice. first, to measure air quality in the local related provisions described below be Thus, in response to a final SIP call area and second, to be representative of 18 months after publication of the final on the Salt River attainment air quality at other sites in the Phoenix rule, or approximately late October, demonstration, Arizona will need to nonattainment area with similar 2003. This date is appropriate in light of submit the following: sources. See Microscale plan, Appendix the substantial technical work that must (a) A demonstration based on air A, p. 2–1. The requirement to adopt precede the submittal, including a year quality modeling that the plan will controls necessary to demonstrate of detailed monitoring and inventory provide for attainment no later than attainment at the Salt River site work to identify contributing sources; December 31, 2006 at the Salt River site. addresses the first purpose, to reduce preparation and validation of air quality CAA sections 189(b)(1)(A) and 188(e). PM–10 levels in the local area to healthy modeling; research on and development (b) Provisions for implementing levels, while the requirement to apply and adoption of necessary controls; and BACM as expeditiously as practicable those controls to similar sources in a public hearing and opportunity for on all sources or source categories that other areas of the nonattainment area public comment. contribute significantly to exceedances addresses the second purpose, to reduce B. SIP Requirements of the 24-hour PM–10 standard in the PM–10 levels in similar, but Salt River area. CAA section unmonitored, areas. CAA section 172(d) requires that any 189(b)(1)(B). 5 In the SIP revision, If Arizona fails to submit the required SIP revision for a nonattainment area Arizona need only provide for the SIP revisions in response to a final SIP that is required to be submitted in implementation of BACM on those call, we are required to issue a finding response to a SIP call must correct the significant sources or source categories that the State failed to make a required deficiency that is the basis for the SIP for which we have not already approved SIP submittal under section 179(a), a call and must also meet all other BACM. finding which starts a 18 month clock applicable plan requirements of section (c) A demonstration that the revised for the implementation of sanctions 110 and title 1, part D. SIP includes, and provides for under the CAA and a two year clock for We are proposing to find deficient a expeditious implementation of, the most a federal implementation plan. See 40 specific but limited provision of the stringent measures found in the CFR 52.31. Phoenix area’s approved serious area implementation plan or achieved in V. Administrative Requirements SIP. The identified deficiency—the practice that are feasible for the Phoenix attainment demonstration for the Salt nonattainment area for each significant The Office of Management and Budget River site—will necessitate revisions to source or source category for which we has exempted this regulatory action other provisions of the approved SIP but have not approved a MSM showing. from Executive Order 12866, Regulatory does not require that the State revise its (d) A demonstration that the revised Planning and Review. entire plan for attaining the 24-hour SIP provides for reasonable further This proposed rule is not subject to standard in the metropolitan Phoenix progress in the Salt River area. The SIP Executive Order 13211, ‘‘Actions nonattainment area. revision must also provide for Concerning Regulations That A PM–10 attainment demonstration quantitative milestones for the Salt Significantly Affect Energy Supply, consists of two components: a control River area which are to be achieved Distribution, or Use’’ (66 FR 28355 (May strategy and a technical evaluation, every 3 years and which are consistent 22, 2001)) because it is not a significant using an air quality model, of the effect with the RFP demonstration. To be regulatory action under Executive Order of that control strategy on future air 12866. quality. A deficient attainment 5 Under CAA section 189(b)(1)(B), BACM is to be Executive Order 13045, ‘‘Protection of demonstration means that there are implemented no more than 4 years after an area is Children from Environmental Health problems in one or both of these reclassified from moderate to serious for PM–10, or Risks and Safety Risks’’ (62 FR 19885, June 10, 2000 for the Phoenix area. Because this components; therefore, to correct a deadline is now passed, the applicable deadline April 23, 1997), applies to any rule that: deficient attainment demonstration a become ‘‘as expeditiously as practicable’’ under (1) Is determined to be ‘‘economically state must evaluate and revise, as Delaney v. EPA 898 F.2d 687 (1990). significant’’ as defined under Executive
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Order 12866, and (2) concerns an implications.’’ ‘‘Policies that have tribal significantly or uniquely impacted by environmental health or safety risk that implications’’ is defined in the the rule. EPA has reason to believe may have a Executive Order to include regulations EPA has determined that this disproportionate effect on children. This that have ‘‘substantial direct effects on proposed rule does not include a rule is not subject to Executive Order one or more Indian tribes, on the Federal mandate that may result in 13045 because it is not an economically relationship between the Federal estimated costs of $100 million or more significant regulatory action under government and the Indian tribes, or on in any one year to either State, local, or Executive Order 12866. the distribution of power and tribal governments in the aggregate, or Executive Order 13132, ‘‘Federalism’’ responsibilities between the Federal to the private sector and has therefore (64 FR 43255, August 10, 1999) requires government and Indian tribes.’’ not prepared a budgetary impact EPA to develop an accountable process Executive Order 13175 does not apply statement. This proposed rule, if to ensure ‘‘meaningful and timely input to this proposed rule because the finalized, will not significantly or by State and local officials in the proposed rule, if finalized, will not uniquely impact any small development of regulatory policies that effect any tribal government or any governments. have federalism implications.’’ ‘‘Policies tribal lands and thus will have no tribal Section 12 of the National Technology that have federalism implications’’ is implications. Transfer and Advancement Act defined to include regulations that have The Regulatory Flexibility Act (5 (NTTAA) of 1995 requires Federal ‘‘substantial direct effects on the States, U.S.C. 601 et seq.) (RFA) generally agencies to evaluate existing technical on the relationship between the national requires an agency to conduct a standards when developing a new government and the States, or on the regulatory flexibility analysis of any regulation. To comply with NTTAA, distribution of power and proposed rule subject to notice and EPA must consider and use ‘‘voluntary responsibilities among the various comment rulemaking requirements consensus standards’’ (VCS) if available levels of government.’’ Under Executive unless the agency certifies that the rule, and applicable when developing Order 13132, EPA may not issue a if finalized, will not have a significant programs and policies unless doing so regulation that has federalism economic impact on a substantial would be inconsistent with applicable implications, that imposes substantial number of small entities. Courts have law or otherwise impractical. direct compliance costs on the States, interpreted the RFA to require a In making a finding of SIP deficiency, and that is not required by statute, regulatory flexibility analysis only when EPA’s role is to review existing unless the Federal government provides small entities will be subject to the information against previously the funds necessary to pay the direct requirements of the rule. See, Motor and established standards (in this case, what compliance costs incurred by State and Equip. MFRS. Ass’n v. Nichols, 142 F.3d constitute a violation of the 24–hour local governments, or EPA consults with 449 (D.C. Cir. 1985). PM–10 standard). In this context, there State and local officials early in the This proposed SIP call, if finalized, is no opportunity to use VCS. Thus, the process of developing the proposed will not establish requirements requirements of NTTAA section 12(d) regulation. This proposed SIP call is (15 U.S.C. 272 note) do not apply. required by the Clean Air Act because applicable to small entities. Instead, it the current SIP is substantially will require Arizona to develop, adopt, List of Subjects in 40 CFR Part 52 inadequate to attain the 24–hour PM–10 and submit an attainment demonstration and related requirements Environmental protection, Air standard. Arizona’s direct compliance pollution control, Intergovernmental costs will not be substantial because the but will leave entirely to Arizona the tasks of determining how to obtain the relations, Particulate matter, Reporting SIP call requires Arizona to submit only and recordkeeping requirements. those revisions necessary to address the emission reductions necessary to show SIP deficiency and applicable Clean Air attainment, including which entities to Dated: April 10, 2002. Act requirements. Finally, EPA has regulate, and of adopting the necessary Nora L. McGee, consulted with the State and local regulations. Because the rule, if Acting Regional Administrator, Region IX. agencies prior to making this proposal. finalized, will not establish [FR Doc. 02–9494 Filed 4–17–02; 8:45 am] requirements applicable to small This proposed rule, if finalized, will BILLING CODE 6560–50–P not have substantial direct effects on the entities, I certify that this action does States, on the relationship between the not have a significant impact on a substantial number of small entities. national government and the States, or FEDERAL COMMUNICATIONS Under section 202 of the Unfunded on the distribution of power and COMMISSION responsibilities among the various Mandates Reform Act of 1995 levels of government, as specified in (‘‘Unfunded Mandates Act’’), EPA must 47 CFR Part 73 Executive Order 13132, because it is in prepare a budgetary impact statement to keeping with the relationship and the accompany any proposed or final rule [DA 02–784, MM Docket No. 00–136, RM– 9898] distribution of power and that includes a Federal mandate that responsibilities between EPA and the may result in estimated costs to State, Digital Television Broadcast Service; States as established by the Clean Air local, or tribal governments in the Birmingham, AL Act. Thus, the requirements of section 6 aggregate; or to private sector, of $100 of the Executive Order do not apply to million or more in any one year. Under AGENCY: Federal Communications this proposed rule. section 205, EPA must select the most Commission. Executive Order 13175, ‘‘Consultation cost-effective and least burdensome ACTION: Proposed rule; dismissal. and Coordination with Indian Tribal alternative that achieves the objectives Governments’’ (65 FR 67249, November of the rule and is consistent with SUMMARY: The Commission, at the 6, 2000), requires EPA to develop an statutory requirements for any rule request of the Alabama Educational accountable process to ensure requiring a budgetary impact statement. Television Commission, licensee of ‘‘meaningful and timely input by tribal Section 203 requires EPA to establish a noncommercial station WBIQ–TV, officials in the development of plan for informing and advising any dismisses its petition for rule making regulatory policies that have tribal small governments that may be seeking the substitution of DTV channel
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*5 for DTV channel *53 at Birmingham, required before a channel will be determination that the activities Alabama. See 65 FR 51278, August 23, allotted. It is the Commission’s policy to authorized under these EFPs would be 2000. refrain from making an allotment to a consistent with the goals and objectives With is action, this proceeding is community absent an expression of of the Monkfish Fishery Management terminated. interest. Therefore, we will grant the Plan (FMP). However, further review FOR FURTHER INFORMATION CONTACT: Pam joint request to dismiss the instant and consultation may be necessary Blumenthal, Media Bureau, (202) 418– proposal. before a final determination is made to 1600. FOR FURTHER INFORMATION CONTACT: issue EFPs. Therefore, NMFS announces that it intends to issue EFPs that would SUPPLEMENTARY INFORMATION: This is a Sharon P. McDonald, Mass Media Bureau, (202) 418–2180. allow up to three gillnet vessels to synopsis of the Commission’s Report conduct fishing operations otherwise SUPPLEMENTARY INFORMATION: This is a and Order, MM Docket No. 00–136, restricted by the regulations governing synopsis of the Commission’s Report adopted April 8, 2002, and released fisheries of the northeastern United and Order, MM Docket No. 01–36, April 15, 2002. The full text of this States (i.e., to land monkfish in excess adopted March 27, 2002, and released document is available for public of amounts authorized under a April 5, 2002. The full text of this inspection and copying during regular monkfish incidental catch permit, Commission decision is available for business hours in the FCC Reference Category E). Information Center, Portals II, 445 12th inspection and copying during normal Regulations under the Magnuson- Street, S.W., Room CY–A257, business hours in the FCC Reference Stevens Act require publication of this Washington, DC. This document may Information Center (Room CY–A257), notification to provide interested parties also be purchased from the 445 12th Street, SW., Washington, DC. the opportunity to comment on Commission’s duplicating contractor, The complete text of this decision may applications for proposed EFPs. also be purchased from the Qualex International, Portals II, 445 DATES: Comments on this notification Commission’s copy contractors, Qualex 12th Street, SW, CY–B402, Washington, must be received at the appropriate International, Portals II, 445 12th Street, DC, 20554, telephone 202–863–2893, address or fax number (see ADDRESSES) SW, Room CY–B402, Washington, DC facsimile 202–863–2898, or via e-mail on or before April 30, 2002. 20054. [email protected]. ADDRESSES: Written comments should Federal Communications Commission. Federal Communications Commission. be sent to Patricia A. Kurkul, Regional Barbara A. Kreisman, John A. Karousos, Administrator, NMFS, Northeast Chief, Video Division, Media Bureau. Assistant Chief, Audio Division, Office of Regional Office, One Blackburn Drive. [FR Doc. 02–9379 Filed 4–17–02; 8:45 am] Broadcast License Policy, Media Bureau. Gloucester, MA 01930. Mark the outside [FR Doc. 02–9378 Filed 4–17–02; 8:45 am] BILLING CODE 6712–01–P of the envelop ‘‘Comments on Monkfish BILLING CODE 6712–01–P EFP Proposal.’’ Comments may also be sent via facsimile to (978) 281–9135. FEDERAL COMMUNICATIONS Comments will not be accepted if COMMISSION DEPARTMENT OF COMMERCE submitted via e-mail or the Internet. FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 National Oceanic and Atmospheric Allison Ferreira, Fishery Policy Analyst, Administration [DA 02–770; MM Docket No. 01–36; RM– 978–281–9103. 10047] SUPPLEMENTARY INFORMATION: NCDMF 50 CFR Part 600 submitted an industry cooperative Radio Broadcasting Services; [I.D. 030102C] proposal on January 22, 2002, to Jamestown, Alfred and Canaseraga, conduct an experimental blackfin NY; and Du Bois, PA Magnuson-Stevens Act Provisions; monkfish (Lophius gastrophysus) General Provisions for Domestic AGENCY: Federal Communications fishery in the area extending from Avon, Fisheries; Application for Exempted NC, to Chincoteague, VA, from 3 to 30 Commission. Fishing Permits (EFPs) ACTION: Proposed rule; dismissal. nautical miles seaward of the coast. The AGENCY: National Marine Fisheries study would take place from May 1 to SUMMARY: At the request of Vox Service (NMFS), National Oceanic and June 30, 2002. The purpose of this study Allegany, LLC, the Commission Atmospheric Administration (NOAA), is to collect biological and dismisses the petition for rule making Commerce. environmental data to identify the proposing the substitution of Channel ACTION: Notification of a proposal for blackfin monkfish component of the 270B1 for Channel 270A at Jamestown, EFPs to conduct experimental fishing; commercial monkfish fishery, and to and the modification of Station request for comments. identify the abundance, distribution, WHUG(FM)’s license accordingly. To and migration patterns of monkfish off accommodate the upgrade, petitioner SUMMARY: NMFS has made a the coasts of North Carolina and also proposed (a) the substitution of preliminary determination that an Virginia. The data to be collected would Channel 246A for Channel 270A at application to issue EFPs to three gillnet include, but would not be limited to: Alfred New York, and the modification vessels, submitted by the North Carolina catch identified by species, including of Station WZKZ(FM)’s license Division of Marine Fisheries (NCDMF), target species and bycatch; water depth, accordingly; (b) the substitution of contains all the information required by sea-surface temperature, catch location, Channel 270A for vacant Channel 246A the regulations governing exempted gillnet mesh size, net length and net at Canaseraga, New York; and (c) the experimental fishing under the soak times. In addition, the modification of the reference provisions of the Magnuson-Stevens experimenters would report observed coordinates of Station WMOU–FM, Fishery Conservation and Management gear interactions with marine mammals, Channel 271B, Du Bois, Pennsylvania. Act (Magnuson-Stevens Act) and sea turtles, and marine birds to NMFS. See 66 FR 11130, February 22, 2001. A warrants further consideration. NMFS The primary objective of the study is to showing of continuing interest is has also made a preliminary collect temporal and spatial data to
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determine whether blackfin monkfish is A total of 50,491 lb (22,902 kg) of possession/landing limit requirements a significant component of the monkfish whole monkfish were landed during the are met. resource off the coasts of North Carolina 2001 experimental fishery, averaging The EFPs would allow three vessels to and Virginia and should be protected 935 lb (424 gk) of monkfish per 24-hour fish 40 monkfish DAS per vessel while under the FMP. The information period. No blackfin monkfish were exempting vessels from the limited obtained from this study could also be collected by participating vessels during access permit eligibility (50 CFR utilized to better manage the monkfish the course of the experiment. However, 648.4(a)(9)) and accompanying DAS resource at the southern end of its range. several were collected by one of the reporting requirements (§ 648.10(c)) and The FMP contains only one species in participating vessels prior to the start of the monkfish DAS and gear-marking the management unit, the American the experimental fishery on May 1, requirements (§ 648.92). Monkfish DAS monkfish or goosefish (Lophius 2001. Vessels participating in the 2001 would be monitored by NCDMF and Americanus), although the fisheries experimental fishery experienced no counted as specified at § 648.92(b)(8)(v), literature identifies two other species, gear interactions with marine mammals. which defines actual at-sea time for blackfin monkfish and reticulated However, one adult female loggerhead trips as less than or equal to 3 hours or goosefish (Lophiodes reticulatus) that turtle was lethally taken off Virginia in greater than 15 hours, or as 15 hours for may be found in the western central May 2001 by a vessel participating in trips greater than 3 hours but less than Atlantic. Over the past several years, the experimental fishery. or equal to 15 hours. NCDMF and local fishermen have Participating vessels would be In order to ensure that the data collected several specimens that have selected by NCDMF based upon their collected is not biased by fishing been identified as blackfin monkfish. knowledge of the gillnet fishery for behavior in response to fish movements, The proportion of the harvest that is monkfish, demonstrated knowledge of participating vessels would also be authorized to possess and land blackfin monkfish is unknown. local waters and fishing methodology, monkfish in excess of the incidental Dockside identification of this species, availability of the vessel, possession of catch limit specified under which is difficult, is complicated by the monkfish gillnet gear, and suitability of § 648.94(c)(3). In order to obtain data on common practice of processing at sea the vessel for carrying observers. In blackfin monkfish distribution and and the landing of monkfish tails only, addition, participating vessels must abundance, a species that is reportedly which the FMP allows. If the study possess an open access monkfish smaller than the American monkfish, indicates that blackfin monkfish incidental catch permit (Category E). the participating vessels would be comprise a significant portion of the Vessels that hold limited access monkfish fishery off North Carolina and authorized to retain monkfish monkfish permits would be authorized Virginia, this species should be temporarily (for the length of time to fish in the study area, provided they considered for inclusion in the necessary to collect the data, unless have not utilized all of their monkfish management unit of the FMP in order to authorized to retain the fish and by DAS and that they comply with other prevent an unregulated fishery for this State or Federal permit) that are less applicable law. species from developing. than the minimum fish size of 17 inches The proposed exempted experimental The target species would be blackfin (43.2 cm) TL (§ 648.93(a)(1)), and to fish fishery would be a continuation of an monkfish and American monkfish. gear that is less than the minimum exempted experimental fishery Incidental species are expected to be gillnet mesh size requirement of 10-inch conducted during May and June 2001. skates, rays, sharks, horseshoe crabs and (25.4-cm) diamond mesh Three vessels, out of a total of five bluefish. Participating vessels would be (§ 648.91(c)(1)(iii)). authorized vessels, fished during the authorized to land and sell up to the Participating vessels would be 2001 experimental fishery—two from amount of monkfish allowed under the required to fish in accordance with a North Carolina and one from Virginia. monkfish limited access Category B sampling plan designed by the These three vessels were authorized to permit; currently 1,000 lb (454 kg) of applicant, maintain logbooks fish up to 960 total hours (40 days monkfish tails per day-at-sea (DAS). documenting fishing activities, land all multiplied by 24 hours per day) each, This landing limit is proposed to change monkfish suspected of being blackfin and were limited to a combined total to 450 lb (204 kg) per DAS at the start monkfish in a whole condition to aid in allowable catch (TAC) of 100,000 lb of the 2002 fishing year on May 1, 2002. identification, and allow biological (45,359 kg) of whole monkfish (blackfin For the 2002 experimental fishery, information to be collected from the monkfish (Lophius gastrophysus) and participating vessels would be restricted catches. In addition, participating American monkfish (Lophius to a combined TAC of 100,000 lb vessels would only be authorized to americanus)) during the permit period. (45,359 kg) of whole monkfish; the level land their catch at the port of While participating in the experimental of take authorized for the 2001 Chincoteague, Virginia for purposes of fishery, each vessel was required to fish experimental fishery. All monkfish project management and logistics, and with 8-inch (20.3-cm) diamond mesh or landed would be required to meet the to facilitate the collection of biological larger; could land no more than 996 lb minimum size requirement of 17 inches information of specimens by NCDMF (452 kg) of whole monkfish per 24-hour (43.2 cm) TL (§ 648.93(a)(1)), but biological staff. Given the need for at-sea period; could temporarily possess for participants would be authorized to sampling in order to adequately identify purposes of data collection monkfish temporarily (for the length of time the blackfin monkfish component of the less than the minimum size of 17 inches necessary to collect the data, unless monkfish fishery and the need to record (43.2 cm) total length (TL); and were authorized to retain the fish by State or and monitor interactions between restricted to landing only at the ports of Federal permit) possess monkfish less monkfish gillnet gear and threatened Hatteras, North Carolina; Wanchese, than the minimum size for purposes of and endangered sea turtles and marine North Carolina; or Chincoteague, data collection. Participating vessels mammals, 100-percent observer Virginia in order to best monitor would also be authorized to sell any coverage will be required for this experimental activities. In addition, incidentally caught species, as long as experimental fishery. participants were required to report all the vessel holds the appropriate Federal The applicant recognizes that the interactions with marine mammals, sea and/or state permits and the monkfish gillnet fishery may be turtles, or marine birds to NMFS. corresponding minimum size and responsible for sea turtle mortality and
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has proposed, in their application, a SUMMARY: NOAA announces receipt of a monitor and report bycatch of seabirds system of area closures triggered by petition for rulemaking under the that occurs in fishing operations and dates, water temperatures and/or Administrative Procedure Act. Oceana, take steps to reduce seabird bycatch. For observed sea turtle interactions, to a non-governmental organization the MSA and related regulations and minimize the impact of the concerned with the environmental Federal Court interpretations, the experimental fishery on threatened or health of the oceans, has petitioned the petition cites national standard 9 and endangered sea turtles. This proposal U.S. Department of Commerce to other requirements for minimizing served as the basis for developing an promulgate immediately a rule to bycatch and related mortality, including interim final rule to protect sea turtles. establish a program to count, cap, and a standardized reporting methodology This interim final rule (67 FR 13098; control bycatch in U.S. fisheries. The for bycatch. The petition concludes that March 21, 2002), which is effective for Oceana petition asserts that NMFS is any FMP or regulation prepared to 240 days starting from March 15, 2002, not complying with its statutory implement an FMP must contain requires monkfish gillnet vessels to obligations to monitor and minimize measures to minimize bycatch in move their fishing operations steadily bycatch under the Magnuson-Stevens fisheries to the extent practicable and northward at specific points in time, Fishery Conservation and Management argues that greater observer coverage is based in part on sea surface temperature Act (MSA), the Endangered Species Act required. For the ESA, the petition cites information. Participating vessels would (ESA), the Marine Mammal Protection the prohibition on taking endangered be required to comply with the Act (MMPA), and the Migratory Bird species and protection of threatened provisions of this interim final rule. In Treaty Act (MBTA). The petition seeks species, including recovery plans to addition, the experimental fishery a regulatory program that includes a guide regulatory efforts, as well as would terminate immediately if three workplan for observer coverage consultation requirements and loggerhead turtles are taken or one sufficient to provide statistically reliable incidental take statements. For the endangered sea turtle is taken. NMFS bycatch estimates in all fisheries, the MMPA, the petition cites requirements will take the necessary steps to ensure incorporation of bycatch estimates into for a regulatory system to avoid and consistency with its obligations under restrictions on fishing, the placing of minimize takes of marine mammals the Endangered Species Act before limits on directed catch and bycatch in reducing mortality or serious injury to issuing the EFPs. each fishery with provision for closure insignificant levels, as well as take EFPs would be issued to three vessels upon attainment of either limit, and reduction plans and monitoring of to exempt them from monkfish limited bycatch assessment and reduction plans marine mammal takes. For the MBTA, access permit eligibility requirements; as a requirement for all commercial and the petition cites the prohibition on DAS and reporting requirements; gear- recreational fisheries. taking any migratory bird, including marking requirements; incidental DATES: Comments will be accepted seabirds, except as permitted by monkfish possession and landing limits; through June 17, 2002. regulations issued by the Department of the minimum fish size requirement (for ADDRESSES: Copies of the petition are the Interior, and cites Federal case law data collection only); and minimum available, and written comments on the and Executive Order 13186 as gillnet mesh size, as required by the need for such a regulation, its requirements that NMFS ensure that FMP (50 CFR part 648, subpart F). objectives, alternative approaches, and fishery management plans approved by NMFS comply with the MBTA. The Based on the results of this EFP, this any other comments may be addressed petition also refers to the NMFS-issued action may lead to future rulemaking. to William T. Hogarth, Ph.D., Assistant Administrator for Fisheries, NMFS, National Plan of Action for reducing Authority: 16 U.S.C. 1801 et seq. 1315 East-West Highway, Silver Spring, seabird bycatch and the need to prepare Dated: April 12, 2002. MD 20910; telephone 301–713–2239. a national seabird bycatch assessment. John H. Dunnigan, Comments may also be sent via fax to The exact and complete assertions of nonconformance with Federal law are Director, Office of Sustainable Fisheries, 301–713–1193, attn: Val Chambers. National Marine Fisheries Service. Comments will not be accepted if contained in the text of Oceana’s petition which is available via internet [FR Doc. 02–9327 Filed 4–15–02; 2:41 pm] submitted via e-mail or Internet. at the following NMFS web address: BILLING CODE 3510–22–M FOR FURTHER INFORMATION CONTACT: Val http://www.nmfs/noaa.gov/sfa/sfweb/ Chambers, telephone 301–713–2341, fax index.htm. Also, anyone may obtain a 301–713–1193, e-mail copy of the petition by contacting NMFS DEPARTMENT OF COMMERCE [email protected]. at the above address. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The The petition specifically requests that Administration petition filed by Oceana states that NMFS immediately undertake a wasteful large-scale bycatch of birds, rulemaking to meet its obligations under 50 CFR Part 600 mammals, turtles, and fish is occurring the above statutory authorities and that in the United States and worldwide. such rulemaking include the following The petition cites scientific estimates of four actions: [I.D. 040202C] bycatch poundage and indicates bycatch ‘‘1. Develop and implement a workplan for placing observers on Magnuson-Stevens Act Provisions, of a much larger magnitude. The enough fishing trips to provide Subpart H; General Provisions for petition asserts that NMFS is allowing statistically reliable bycatch estimates in Domestic Fishing this wastage to continue by not meeting its legal obligations for bycatch under all fisheries. This task involves several AGENCY: National Marine Fisheries the MSA, ESA, MMPA, and the MBTA. steps (taking into account the diversity Service (NMFS), National Oceanic and The petition cites specific legal of vessel category, gears used, and Atmospheric Administration (NOAA), responsibilities of NMFS for bycatch fishing region): (a) determining how Commerce. under each of these statutes and many fishing trips must be observed, concludes that NMFS must count, cap, where observers should be stationed, ACTION: Notice of receipt of petition for and control bycatch under the MSA, and other details; (b) identifying rulemaking and request for comments. ESA, and MMPA and that NMFS must funding sources to support such
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observer coverage, including taxpayer DEPARTMENT OF COMMERCE assessment should be sent to the Gulf of subsidies, taxing landings or user fees; Mexico Fishery Management Council, and (c) hiring, training, and deploying National Oceanic and Atmospheric 3018 U.S. Highway 301 North, Suite the necessary observers. Administration 1000, Tampa, Florida 33619-2266; ‘‘2. Incorporate reasonable estimates phone: 813–228–2815; fax: 813–225– 50 CFR Part 654 of bycatch into all total allowable catch 7015; e-mail: levels and other restrictions on fishing. [I.D. 031402C] [email protected]. FOR FURTHER INFORMATION CONTACT: ‘‘3. Set absolute limits on the amount RIN 0648–AN10 of directed catch and bycatch (including Mark Godcharles 727–570–5305, fax non-fish bycatch) that can occur in each Stone Crab Fishery of the Gulf of 727–570–5583, e-mail fishery, and close the fishery when the Mexico; Amendment 7 [email protected]. applicable catch or bycatch limit SUPPLEMENTARY INFORMATION: The AGENCY: National Marine Fisheries Magnuson-Stevens Fishery (whichever is reached first) is met. Service (NMFS), National Oceanic and Conservation and Management Act ‘‘4. Within 12 months of initiating Atmospheric Administration (NOAA), (Magnuson-Stevens Act) requires each rulemaking, develop, approve, and Commerce. implement bycatch assessment and Regional Fishery Management Council ACTION: Notice of availability of to submit any fishery management plan reduction plans for commercial and Amendment 7 to the Fishery or amendment to NMFS for review and recreational fisheries. Such plans Management Plan for the Stone Crab approval, disapproval, or partial should include, at minimum, (a) an Fishery for the Gulf of Mexico; request approval. The Magnuson-Stevens Act assessment of the fishery according to for comments. also requires that NMFS, upon receiving its bycatch, including its types, levels, an amendment, immediately publish a and rates of bycatch on a per-gear basis SUMMARY: NMFS announces that the document in the Federal Register and the impact of that bycatch on Gulf of Mexico Fishery Management stating that the amendment is available bycaught species and the surrounding Council (Council) has submitted Amendment 7 to the Fishery for public review and comment. environment; (b) a description of the Fishery information available since Management Plan for the Stone Crab level and type of observer coverage the early 1980′s indicates that the stone Fishery of the Gulf of Mexico (FMP) for necessary accurately to characterize crab fishery, in terms of area fished, and review, approval, and implementation total mortality (including bycatch) in numbers of participants and traps, has by NMFS. Amendment 7 would the fishery; (c) bycatch reduction targets expanded to a level where the fishery establish a Federal trap limitation and the amount of directed and bycatch has more participants and traps than mortality allowed in each fishery to program for the commercial stone crab necessary to harvest optimum yield. meet the target; and (d) types of bycatch fishery in the exclusive economic zone This excessive growth has reduced reduction measures (such as closed (EEZ) off Florida’s west coast, including efficiency in the fishery and failed to areas, gear modifications, or effort the area off Monroe County, FL (i.e., the increase annual harvest since the early reduction) that will be employed in the management area) that would 1990′s. Since moratoriums were first fishery, including incentives for those complement the stone crab trap implemented (60 FR 13918, March 15, who use gears that produce less bycatch. limitation program implemented by the 1995; 63 FR 44595, August 20, 1998), Beginning 12 months after rulemaking Florida Fish and Wildlife Conservation neither Florida nor NMFS has issued commences, NMFS should not permit Commission (FFWCC). In addition, new permits for this fishery. On June 26, fishing in any fishery that lacks a Amendment 7 would revise the Protocol 2000, Florida adopted its trap certificate functioning bycatch plan.’’ and Procedure for an Enhanced program which is designed to reduce The Assistant Administrator for Cooperative Management System the number of traps in the stone crab Fisheries has determined that the (Protocol) consistent with Florida’s fishery to an optimal level over about a petition contains enough information to constitutional revisions that transferred 30–year period. The FFWCC expects to enable NMFS to consider the substance authority for implementation of fishery- implement this program by October 1, of the petition. NMFS will consider related rules from the Governor and 2002. public comments received in Cabinet to the FFWCC. The intended Amendment 7 represents a determining whether or not to proceed effects are to establish a Federal continuation of cooperative State/ with the development of the regulations program that would complement and Federal efforts to constrain requested by Oceana. To this end, enhance the effectiveness of the overcapitalization in the stone crab NMFS, by separate letter, has requested FFWCC’s trap limitation program and, fishery. The state/federal cooperative each of the Regional Fishery thereby, help to reduce approach to managing the Florida stone Management Councils to assist in overcapitalization in the stone crab crab fishery was initiated with the evaluating this petition. Upon fishery. development and implementation of the determining whether or not to initiate DATES: Written comments must be FMP (final rule: 44 FR 53519, the requested rulemaking, the Assistant received on or before June 17, 2002. September 14, 1979). The fourth Administrator for Fisheries, NOAA, will ADDRESSES: Written comments must be management objective in the FMP publish a notice of the agency’s final sent to Mark Godcharles, Southeast specified that regulations be developed disposition of the Oceana petition Regional Office, NMFS, 9721 Executive with the ideal of promoting uniform and request in the Federal Register. Center Drive N., St. Petersburg, FL consistent management of the fishery in state and federal of the Gulf of Mexico Dated: April 11, 2002. 33702. Comments also may be sent via fax to 727–570–5583. Comments will waters off west Florida. In Amendment John H. Dunnigan, not be accepted if submitted via e-mail 7, the Council has proposed the Director, Office of Sustainable Fisheries, or Internet. following nine FMP changes to align National Marine Fisheries Service. Requests for copies of Amendment 7, Federal management of the stone crab [FR Doc. 02–9462 Filed 4–17–02; 8:45 am] which includes a regulatory impact fishery with the FFWCC trap reduction BILLING CODE 3510–22–S review and an environmental program: (1) Recognize, but not require,
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Florida’s stone crab licenses and trap charge a fee for the issuance of Federal NMFS will consider comments tags for vessels operating in the trap tags and vessel permits and their received by June 17, 2002, whether management area; (2) establish a Federal annual renewal; (7) establish a Federal specifically directed to the amendment program to issue non-transferable (to appeals process for those denied a or the proposed rule, in its decision to other persons) vessel permits, trap Federal permit; (8) revise the Protocol to approve, disapprove, or partially certificates, and trap tags for EEZ use reflect revisions to Florida’s approve Amendment 7. Comments only; (3) provide opportunity to apply Constitution; and, (9) replace FMP received after that date will not be for the proposed Federal vessel permit management objective 3 with: take considered by NMFS in its decision. All to those who could meet the qualifying regulatory action to increase catch per comments received by NMFS on criteria but could not or chose not to unit effort (CPUE) and reduce Amendment 7 or the proposed rule obtain the stone crab vessel license or overcapitalization in terms of gear during their respective comment tags issued by the FFWCC; (4) allow deployed in the fishery. participants up to 90 days following the In accordance with the Magnuson- periods will be addres sed in the final effective date of the final rule Stevens Act, NMFS is evaluating the rule. implementing Amendment 7 to apply proposed rule to implement Authority: 16 U.S.C. 1801 et seq. Amendment 7 to determine whether it for Federal permits and tags; (5) Dated: April 12, 2002. determine the number of Federal trap is consistent with Amendment 7, the tags to be issued to qualifying persons Magnuson-Stevens Act, and other John H. Dunigan by dividing his/her highest seasonal applicable law. If that determination is Director, Office of Sustainable Fisheries, landings of stone crab claws during one affirmative, NMFS will publish it in the National Marine Fisheries Service. of three fishing seasons (1995/96, 1996/ Federal Register for public review and [FR Doc. 02–9520 Filed 4–17–02; 8:45 am] 97, or 1997/1998) by 5 lb (2.27 kg); (6) comment. BILLING CODE 3510–22–S
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Notices Federal Register Vol. 67, No. 75
Thursday, April 18, 2002
This section of the FEDERAL REGISTER Constitution Avenue, N.W., reasonable basis to believe or suspect contains documents other than rules or Washington, DC 20230. critical circumstances exist with respect proposed rules that are applicable to the SUPPLEMENTARY INFORMATION: to the antidumping investigation of CRS public. Notices of hearings and investigations, from Russia. On December 7, 2001, committee meetings, agency decisions and The Applicable Statute and Regulations Petitioners alleged that there is a rulings, delegations of authority, filing of petitions and applications and agency Unless otherwise indicated, all reasonable basis to believe or suspect statements of organization and functions are citations to the Tariff Act of 1930, as critical circumstances exist with respect examples of documents appearing in this amended (‘‘Act’’), are references to the to the antidumping investigations of section. provisions effective January 1, 1995, the CRS from Argentina, Australia, China, effective date of the amendments made India, the Netherlands, Russia, South to the Act by the Uruguay Round Africa, Korea, and Taiwan. Petitioners DEPARTMENT OF COMMERCE Agreements Act. In addition, unless also requested that the Department otherwise indicated, all citations to the make an expedited finding with regard International Trade Administration Department’s regulations are to the to critical circumstances. regulations codified at 19 C.F.R. Part In accordance with 19 C.F.R. [A–602–804, A–570–872, A–533–826, A–580– 351 (2001). 351.206(c)(2)(i), because Petitioners 848, A–421–810, A–821–815] submitted their critical circumstances Background allegations 20 days or more before the Notice of Preliminary Determinations On October 26, 2001, the Department scheduled date of the preliminary of Critical Circumstances: Certain initiated investigations to determine determinations, the Department must Cold-Rolled Carbon Steel Flat whether imports of CRS from, inter alia, issue the preliminary critical Products From Australia, the People’s Australia, China, India, Korea, the circumstances finding not later than the Republic of China, India, the Republic Netherlands, and Russia are being, or date of the preliminary determinations. of Korea, the Netherlands, and the are likely to be, sold in the United States Accordingly, at this time we are issuing Russian Federation at less-than-fair-value (‘‘LTFV’’). See the preliminary critical circumstances Notice of Initiation of Antidumping finding in the investigations of CRS AGENCY: Import Administration, Duty Investigations: Certain Cold-Rolled from Australia, China, India, Korea, the International Trade Administration, Carbon Steel Flat Products From Netherlands, and Russia.2 A full Department of Commerce. Argentina, Australia, Belgium, Brazil, discussion of our analyses may be found ACTION: Notice of preliminary France, Germany, India, Japan, Korea, below and in the two concurrent determinations of critical circumstances the Netherlands, New Zealand, the country-specific memoranda (‘‘Critical in the less-than-fair-value investigations People’s Republic of China, the Russian Circumstances Memoranda’’), dated of certain cold-rolled carbon steel flat Federation, South Africa, Spain, April 10, 2002. Parties can find public products from Australia, the People’s Sweden, Taiwan, Thailand, Turkey, and versions of these memoranda on file at Republic of China, India, the Republic Venezuela, 66 FR 54198 (October 26, the U.S. Department of Commerce, in of Korea (with the exception of one 2001) (‘‘Initiation Notice’’). On the Central Records Unit, in room B– company), the Netherlands, and the November 19, 2001, the International 099. Russian Federation. Trade Commission (‘‘Commission’’) CRITICAL CIRCUMSTANCES published its determination that there is SUMMARY: The Department of Commerce a reasonable indication that an industry Section 733(e)(1) of the Act provides (‘‘Commerce’’) has preliminarily in the United States is materially that the Department will determine that determined that critical circumstances injured or threatened with material critical circumstances exist if there is a exist for imports of certain cold-rolled injury by reason of imports of CRS from reasonable basis to believe or suspect carbon steel flat products (‘‘CRS’’) from all of these countries. See Certain Cold- that: (A)(i) there is a history of dumping Australia, the People’s Republic of Rolled Carbon Steel Products From and material injury by reason of China (‘‘China’’), India, the Republic of Argentina, Australia, Belgium, Brazil, dumped imports in the United States or Korea (‘‘Korea’’) (with the exception of China, France, Germany, India, Japan, elsewhere of the subject merchandise, or one responding company), the Korea, the Netherlands, New Zealand, (ii) the person by whom, or for whose Netherlands, and the Russian Russia, South Africa, Spain, Sweden, account, the merchandise was imported Federation (‘‘Russia’’). Taiwan, Thailand, Turkey, and knew or should have known that the DATES: April 18, 2002. Venezuela, 66 FR 57985 (November 19, exporter was selling the subject FOR FURTHER INFORMATION CONTACT: 2001). On November 29, 2001, the merchandise at less than its fair value Paige Rivas at 202–482–0651 petitioners1 alleged that there is a and that there was likely to be material (Australia); Carrie Blozy at 202–482– injury by reason of such sales, and, (B) 0165 (China); Mark Manning at 202– 1 Of the petitioners in the concurrent there have been massive imports of the 482–5253 (India); Mark Young at 202– antidumping duty investigations (Bethlehem Steel subject merchandise over a relatively Corporation, LTV Steel Company, Inc., National short period. Section 351.206(h)(1) of 482–6397 (Korea); Geoffrey Craig at Steel Corporation, Nucor Corporation, Steel 202–482–4161 (the Netherlands); or Dynamics, Inc., United States Steel LLC, WCI Steel, the Department’s regulations provides Juanita H. Chen at 202–482–0409 Inc., and Weirton Steel Corporation), the petitioners alleging critical circumstances are Nucor 2 We intend to issue our preliminary critical (Russia), Import Administration, Corporation, Steel Dynamics, Inc., WCI Steel, Inc., circumstances findings with respect to Argentina, International Trade Administration, and Weirton Steel Company (hereinafter South Africa and Taiwan concurrently with our U.S. Department of Commerce, 1401 collectively ‘‘Petitioners’’). preliminary dumping determinations.
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that, in determining whether imports of final determination of which was dated investigation against Australia, the the subject merchandise have been July 28, 1999. See Canadian mandatory respondent selected by the ‘‘massive,’’ the Department normally International Trade Tribunal Cold- Department reported that 100 percent of will examine: (i) the volume and value Rolled Decision(August 27, 1999). its U.S. sales during the POI are CEP of the imports; (ii) seasonal trends; and Accordingly, we find a history of sales. Given that the respondent’s (iii) the share of domestic consumption dumping of CRS from Russia. However, reported CEP sales include the sales that accounted for by the imports. In we are not aware of any antidumping constitute the average unit value addition, section 351.206(h)(2) of the order in any country on CRS from (‘‘AUV’’) used by Petitioners in the Department’s regulations provides that, Australia, China or India. For this estimated dumping margin, and the ‘‘In general, unless the imports during reason, we do not find a history of AUV is based on the customs import the ’relatively short period’ . . . have dumping and material injury of the value (which contains no CEP expenses increased by at least 15 percent over the subject merchandise from Australia, that must be deducted in order to be imports during an immediately China or India pursuant to section used in an estimated margin preceding period of comparable 733(e)(1)(A)(i) of the Act. calculation), it is appropriate to apply duration, the Secretary will not consider Importer Knowledge of Injurious the estimated dumping margin against the imports massive.’’ Section 351.206(i) Dumping the 15 percent threshold for CEP sales. of the Department’s regulations defines See Critical Circumstances ‘‘relatively short period’’ as generally In determining whether there is a Memorandum for Australia, at 5–6. the period beginning on the date the reasonable basis to believe or suspect Accordingly, because the estimated proceeding begins (i.e., the date the that an importer knew or should have dumping margin calculated in the petition is filed) and ending at least known the exporter was selling CRS at petition for Australia is greater than 15 three months later. The regulations also LTFV, the Department normally percent, there is a reasonable basis to provide, however, that if the considers margins of 25 percent or more impute knowledge of dumping with Department finds importers, exporters, for export price (‘‘EP’’) sales and 15 respect to imports from Australia. or producers had reason to believe, at percent or more for constructed export Therefore, we have imputed importer some time prior to the beginning of the price (‘‘CEP’’) sales sufficient to impute knowledge of dumping of the subject proceeding, that a proceeding was importer knowledge of dumping. See, merchandise exported from Australia. likely, the Department may consider a e.g., Carbon and Alloy Steel Wire Rod In determining whether there is a period of not less than three months From Germany, Mexico, Moldova, reasonable basis to believe or suspect an from that earlier time. Trinidad and Tobago, and Ukraine: In determining whether the relevant Notice of Preliminary Determination of importer knew or should have known statutory criteria have been satisfied, we Critical Circumstances, 67 FR 6224 there was likely to be material injury by considered: (i) the evidence presented (February 11, 2002). The Department reason of dumped imports, the by Petitioners in their November 9, generally bases its decision with respect Department normally will look to the 2001, December 7, 2001 and January 14, to knowledge on the margins calculated preliminary injury determination of the 2002 letters; (ii) exporter-specific in the preliminary determination. Commission. If the Commission finds a shipment data requested by the However, because section 733(e)(1) of reasonable indication of present Department; (iii) import data available the Act permits the Department to make material injury to the relevant U.S. through the Commission’s DataWeb a preliminary critical circumstances industry, the Department will determine website; and (iv) the Commission’s determination prior to the issuance of that a reasonable basis exists to impute preliminary injury determinations. the preliminary dumping determination, importer knowledge there was likely to we may rely on other information to be material injury by reason of dumped History of Dumping determine whether importers had imports. See Final Determination of To determine whether there is a knowledge exporters were selling CRS Sales at Less Than Fair Value: Certain history of injurious dumping of the at LTFV. Cut-to-Length Carbon Steel Plate from merchandise under investigation, in In the instant cases we find the the People’s Republic of China, 62 FR accordance with section 733(e)(1)(A)(i) antidumping petitions contain sufficient 61964 (November 20, 1997). In the of the Act, the Department normally information to conduct our analysis of present case the Commission has found considers evidence of an existing this criterion. The petition estimated a reasonable indication that an industry antidumping duty order on the subject dumping margins for China of 70.68 to in the United States is materially merchandise in the United States or 74.16 percent. See Initiation Notice, 66 injured or threatened with material elsewhere to be sufficient. See FR 54198. The petition estimated injury due to dumping of imports of Preliminary Determination of Critical dumping margins for India of 153.65 CRS from each of the named countries. Circumstances: Steel Concrete percent which, based on additional See Determinations and Views of the Reinforcing Bars From Ukraine and information provided after the petitions Commission: Certain Cold-Rolled Steel Moldova, 65 FR 70696 (November 27, were filed, the Department recalculated Products From Argentina, Australia, 2000). Imports of CRS from Korea and as 128.38 percent. Because the highest Belgium, Brazil, China, France, the Netherlands were subject to estimated dumping margin calculated in Germany, India, Japan, Korea, the antidumping duties from 1993 through the petition for each of these countries Netherlands, New Zealand, Russia, December 2000. See Revocation of is greater than 25 percent, there is a South Africa, Spain, Sweden, Taiwan, Antidumping and Countervailing Duty reasonable basis to impute knowledge of Thailand, Turkey, and Venezuela, Orders on Certain Carbon Steel Products dumping with respect to imports from Investigations Nos. 701–TA–422–425 From Canada, Germany, Korea, the these countries. Therefore, we have and 731–TA–964–983 (Preliminary), Netherlands, and Sweden, 65 FR 78467 imputed importer knowledge of USITC Publication No. 3471, November (December 15, 2000). Accordingly, we dumping of the subject merchandise 2001 (‘‘Commission Determination’’). find a history of dumping of CRS from exported from China and India. Section 771(11) of the Act provides that Korea and the Netherlands. Imports of The petition estimated dumping in the event the Commission is ‘‘evenly CRS from Russia are currently subject to margins for Australia of 24.06 percent. divided as to whether the determination a Canadian antidumping duty order, the After initiation of the antidumping duty should be affirmative or negative, the
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{Commission} shall be deemed to have comparison in preliminarily from Australia, China, India, Korea made an affirmative determination.’’ By determining whether imports of the (with the exception of Dongbu), the analogy, the Department finds that, subject merchandise have been massive Netherlands, and Russia. where the Commission is evenly for several reasons. First, at this time we Suspension of Liquidation divided between a finding of material have shipment data covering the six- injury and a finding of threat of material month period for all exporters being In accordance with section 733(e)(2) injury, it is reasonable to treat the examined for this purpose. We do not of the Act, if the Department issues finding as an affirmative finding of believe it is appropriate to use different affirmative preliminary determinations material injury. As a result, the periods for different exporters. Second, of sales at LTFV in the investigations Department has determined there is a we believe that choosing a six-month with respect to imports of CRS, the reasonable basis to believe or suspect period in general properly reflects the Department, at that time, will direct the importers of CRS from Australia, China, ‘‘relatively short period’’ commanded by U.S. Customs Service (‘‘Customs’’) to India, Korea, the Netherlands, and the statute for determining whether suspend liquidation of all entries of Russia knew or should have known imports have been massive. See Section Australia, China, India, Korea (with the there was likely to be material injury by 733(e)(1)(B) of the Act. Finally, we are exception of Dongbu), the Netherlands, reason of these dumped imports. concerned that selecting a longer period and Russia that are entered, or for comparison might, in some cases, withdrawn from warehouse, for Massive Imports hamper our ability to fulfill our consumption on or after 90 days prior In determining whether there are obligation under the statute to to the date of publication in the Federal ‘‘massive imports’’ over a ‘‘relatively determine whether a genuine surge in Register of our preliminary short period,’’ pursuant to section imports has occurred shortly after determinations in these investigations. 733(e)(1)(B) of the Act, the Department exporters knew or should have known Customs shall require a cash deposit or normally compares the import volumes about the likelihood of an antidumping posting of a bond equal to the estimated of the subject merchandise for at least petition. However, we welcome preliminary dumping margins reflected three months immediately preceding the comments about the use of a six-month in the preliminary determinations filing of the petition (i.e., the ‘‘base period both in this case and in general. published in the Federal Register. The period’’) to a comparable period of at Pursuant to 19 C.F.R. 351.206(h), we suspension of liquidation to be issued least three months following the filing found imports of CRS increased by more after our preliminary determinations of the petition (i.e., the ‘‘comparison than 15 percent for CRS from Australia, will remain in effect until further notice. period’’). However, as stated in section China, India, Korea, the Netherlands, 351.206(i) of the Department’s and Russia in the comparison period; Final Critical Circumstances regulations, ‘‘if the Secretary finds accordingly, we find that imports have Determinations importers, or exporters or producers, been massive for each of the named We will make final determinations had reason to believe, at some time prior countries. With respect to Korea, we concerning critical circumstances for all to the beginning of the proceeding, that noted that the import statistics from countries named in Petitioners’ a proceeding was likely, then the Korea indicated that imports from Korea allegations when we make our final Secretary may consider a time period of increased 97.12 percent. The imports for dumping determinations in these not less than three months from that one of the respondents, Pohang Iron & investigations, which will be 75 days earlier time.’’ Imports normally will be Steel Co., Ltd. (‘‘POSCO’’), increased by (unless extended) after issuance of the considered massive when imports well over 15 percent as well. However, preliminary dumping determinations. during the comparison period have imports for the other respondent, Commission Notification increased by 15 percent or more Dongbu Steel Co., Ltd. (‘‘Dongbu’’), compared to imports during the base increased by less than 15 percent. In accordance with section 733(f) of period. Accordingly, we find imports were the Act, we will notify the Commission For the reasons set forth in the Critical massive for POSCO and all other of our determinations. Circumstances Memoranda, we find producers/exporters, except for Dongbu. We are issuing and publishing these sufficient bases exist for finding In summary, we find there is a history results and notice in accordance with importers, or exporters or producers, of dumping and material injury by section 777(i) of the Act. knew or should have known reason of dumped imports of CRS from Dated: April 10, 2002 antidumping cases were pending on Korea, the Netherlands, and Russia. We Faryar Shirzad, CRS from Australia, China, India, Korea, also find there is a reasonable basis to Assistant Secretaryfor Import Administration. the Netherlands, and Russia by May believe or suspect importers knew or [FR Doc. 02–9509 Filed 4–17–02; 8:45 am] 2001 at the latest. Accordingly, we should have known exporters were BILLING CODE 3510–DS–S determined December 2000 through selling CRS from Australia, China and May 2001 should serve as the ‘‘base India at LTFV and had knowledge of the period,’’ while June 2001 through likelihood of material injury with DEPARTMENT OF COMMERCE November 2001 should serve as the respect to such imports of CRS. We ‘‘comparison period,’’ in determining further find there have been massive International Trade Administration whether or not imports have been imports of CRS over a relatively short [A–570–504] massive over a relatively short period. period from Australia, China, India, According to 19 C.F.R. 351.206(i), the Korea (with the exception of Dongbu), Petroleum Wax Candles From the comparison period normally should be the Netherlands, and Russia. People’s Republic of China (PRC): at least three months; however, if we CONCLUSION Notice of Extension of Time Limit of determine that importers, exporters or Preliminary Results of Antidumping producers had reason to believe that a Given the analysis summarized above, Duty Administrative Review proceeding was likely, then the and described in more detail in the Department may consider a longer Critical Circumstances Memoranda, we AGENCY: Import Administration, period. In this case, we have chosen a preliminarily determine critical International Trade Administration, period of six months as the period for circumstances exist for imports of CRS Department of Commerce.
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EFFECTIVE DATE: April 18, 2002. time limit for the preliminary results by not practicable to complete the review FOR FURTHER INFORMATION CONTACT: 120 days. within the statutory time limit of 90 Mark Hoadley at (202) 482–0666 or Brett This extension results in the due date days after issuance of the preliminary L. Royce at (202) 482–4106, AD/CVD for the preliminary results falling on determination. In the instant case, the Enforcement, Import Administration, August 31, 2002, which is a Saturday. Department has determined that it is not International Trade Administration, Therefore, the preliminary results will practicable to complete the review U.S. Department of Commerce, 14th be due on the next business day, which within the statutory time limit due to Street and Constitution Avenue, N.W., is September 3, 2002, since September certain complex issues relating to Washington D.C. 20230. 2, 2002 is an official holiday. The final Shanghai New Star Import/Export Co., results continue to be due 120 days after Ltd. and Peak Candle’s sales valuation, SUPPLEMENTARY INFORMATION: the publication of the preliminary surrogate values and factors of The Applicable Statute results. production. Unless otherwise indicated, all Dated: April 12, 2002 Because it is not practicable to citations to the statute are references to Joseph A. Spetrini, complete this review within the time limits mandated by the Act (90 days the Tariff Act of 1930 (the Act), as Deputy Assistant Secretary for Import amended. In addition, unless otherwise Administration, Group III. after the date the preliminary determination is issued), in accordance indicated, all citations to the [FR Doc. 02–9508 Filed 4–17–02; 8:45 am] with Section 751(a)(2)(B)(iv) of the Act, Department’s regulations are to the BILLING CODE 3510–DS–S regulations, codified at 19 CFR part 351 the Department is extending the time (2001). limit for the final determination an DEPARTMENT OF COMMERCE additional 45 days, to no later than May Background 30, 2002. On August 28, 1986, the Department International Trade Administration This notice is issued and published in accordance with section 751(a)(2)(B)(iv) of Commerce (the Department) [A–570–504] published the antidumping duty order of the Act and section 351.214(i)(2) of on petroleum wax candles from the PRC Petroleum Wax Candles from the the Department’s Regulations. (51 FR 30686). On August 1, 2001, the People’s Republic of China: Notice of Dated: April 12, 2002 Department published an opportunity to Extension of Time Limit for Final Joseph A. Spetrini, request an administrative review of the Results of the Antidumping New Deputy Assistant Secretary for Import order (66 FR 39729). On August 31, Shipper Review Administration, Group III. 2001, the Department received a request [FR Doc. 02–9510 Filed 4–17–02; 8:45 am] AGENCY: Import Administration, from Dongguan Fay Candle Co., Ltd. to BILLING CODE 3510–DS–S conduct an administrative review of the International Trade Administration, antidumping duty order on petroleum Department of Commerce. wax candles from the PRC. On October DATES: April 18, 2002. DEPARTMENT OF COMMERCE 1, 2001, the Department published a SUMMARY: The Department of Commerce notice of initiation of this administrative (the Department) is extending the time National Institute of Standards and review covering the period of August 1, limit for the final determination of the Technology 2000 through July 31, 2001 (66 FR new shipper review on petroleum wax 49924). candles from the People’s Republic of [Docket No. 020328074–2074–01] China. This review covers the period Extension of Time Limits for August 1, 2000 through January 31, RIN 0693–ZA48 Preliminary Results 2001. The extension is made pursuant to Announcement of Availability of Funds section 751(a)(2)(B)(iv) of the Tariff Act Pursuant to section 751(a)(3)(A) of the for a Competition and Announcement of 1930, as amended by the Uruguay Act, the Department shall make a of a Public Meeting—Advanced Round Agreements Act (hereinafter, preliminary determination in an Technology Program (ATP) administrative review of an ‘‘the Act’’). antidumping duty order within 245 FOR FURTHER INFORMATION CONTACT: AGENCY: National Institute of Standards days after the last day of the anniversary Javier Barrientos, Office of AD/CVD and Technology, Technology month of the date of publication of the Enforcement VII, Import Administration, Commerce. order. The Act further provides, Administration, International Trade ACTION: Notice. however, that the Department may Administration, U.S. Department of extend that 245–day period to 365 days Commerce, 14th Street and Constitution SUMMARY: The Technology if it determines it is not practicable to Avenue, N.W., Washington, D.C. 20230, Administration’s National Institute of complete the review within the telephone (202) 482–2243. Standards and Technology (NIST) foregoing time period. SUPPLEMENTARY INFORMATION: announces that it will hold a single Due to the complexities involved with fiscal year 2002 Advanced Technology this particular case, including the Applicable Statute And Regulations: Program (ATP) competition and extensive number of products, the Unless otherwise indicated, all announces a public meeting (Proposers’ possible inclusion in reported sales of citations to the statute are references to Conference) for all interested parties. both in-scope and out-of-scope candles, the Tariff Act of 1930, as amended. This single competition will continue and the fact that the respondent has not ATP’s practice of being open to all been reviewed before, we find that it is Extension Of Time Limit Of Final technology areas. All fiscal year 2002 not practicable to issue preliminary Results: proposals received may be distributed to results of review by the current deadline Under section 751(a)(2)(B)(iv) of the technology-specific source evaluation of May 3, 2002. Therefore, in Act, the Department may extend the boards in areas such as advanced accordance with section 751(a)(3)(A) of deadline for completion of a new materials, biotechnology, electronics, the Act, the Department is extending the shipper review if it determines that it is information technology, etc. This notice
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provides general information regarding 278n) and was amended by the Since ATP has established three due ATP competitions. American Technology Preeminence Act dates for proposal submission in fiscal DATES: ATP will begin accepting of 1991 (Pub. L. 102–245). This law has year 2002, there will be three batches. proposals on April 22, 2002. The ATP been codified at 15 U.S.C. 278n. The All hand-delivered or electronically has established the following three due ATP implementing regulations are submitted proposals must be received dates for submission of proposals: published at 15 CFR part 295, as by 3 p.m. Eastern Standard Time on the Monday, June 10, 2002; Wednesday, amended. The Catalog of Federal specified dates below: July 31, 2002; and Monday, September Domestic Assistance (CFDA) number (a) Batch 1—Monday, June 10, 2002. 30, 2002. All hand-delivered or and program title for the ATP are (b) Batch 2—Wednesday, July 31, electronically submitted proposals must 11.612, Advanced Technology Program 2002. be received by 3 p.m. Eastern Time on (ATP). (c) Batch 3—Monday, September 30, the specified dates; all other proposals The ATP is a competitive cost-sharing 2002. must be postmarked by the due dates program designed for the Federal All other proposals must be specified above and received no later government to work in partnership with postmarked by 3 p.m. Eastern Standard than 3 p.m. Eastern Time Monday, June industry to accelerate the development Time on the specified due dates and 24, 2002, Wednesday, August 14, 2002, and broad dissemination of challenging, received by 3:00 p.m. Eastern Standard or Tuesday, October 15, 2002, high-risk technologies that offer the Time on the specified dates below: (a) Batch 1—postmarked by Monday, respectively. Proposals submitted potential for significant commercial June 10, 2002, and received by Monday, through guaranteed overnight carriers payoffs and widespread benefits for the June 24, 2002. are deemed to be postmarked on the nation. This unique government- (b) Batch 2—postmarked by date they are delivered to the carrier. To industry partnership accelerates the Wednesday, July 31, 2002, and received be considered for funding in fiscal year development of emerging or enabling by Wednesday, August 14, 2002. 2002, potential proposers must submit technologies leading to revolutionary new products, industrial processes and (c) Batch 3—postmarked by Monday, their proposals by the first due date of September 30, 2002, and received by June 10, 2002. Proposals submitted after services that can compete in rapidly changing world markets. The ATP Tuesday, October 15, 2002. June 10, 2002, may not be considered Each batch will be reviewed under a for funding in fiscal year 2002, but challenges industry to take on higher risk projects with commensurately multiple stage and sequential review rather for funding in fiscal year 2003, process to reduce the amount of subject to the availability of funding. higher potential payoff to the nation. The ATP provides multi-year funding to information required at one time. Each ADDRESSES: Information on the ATP single companies and to industry-led stage in the process is called a ‘‘gate.’’ may be obtained from the following joint ventures. There are four gates as follows: address: National Institute of Standards The funding instrument used in ATP (a) Gate 1—The proposer submits and Technology, Advanced Technology awards is a ‘‘cooperative agreement.’’ detailed information to address the Program, 100 Bureau Drive, Stop 4701, Through the use of the cooperative scientific and technological merit Administration Building 101, Room agreement, the ATP is designed to foster selection criterion. Additionally, the A413, Gaithersburg, MD 20899–4701. a government-industry partnership to proposer submits preliminary Additionally, information on the ATP accomplish a public purpose of support information to address the selection is available on the Internet at http:// or stimulation. NIST plays a substantial criterion on the potential for broad- www.atp.nist.gov. role by providing technical assistance based economic benefits. If the FOR FURTHER INFORMATION CONTACT: and monitoring the technical work, information submitted is determined to Requests for ATP information, business progress, and expenditure of have high merit, ATP notifies the application materials, and/or to have Federal funds. proposer and requests that the required your name added to the ATP mailing additional information be submitted for list for future mailings may also be Funding Availability consideration in Gate 2. If a proposal made by: Congressional Fiscal Year 2002 passes Gate 1, the proposer will have (a) Calling the ATP toll-free ‘‘hotline’’ appropriations included funds not to two weeks (14 calendar days) from number at 1–800–ATP–FUND or 1–800– exceed $60.7 million for new awards. written notification to submit the 287–3863. You will have the option of Because ATP is now funding required information in Gate 2. hearing recorded messages regarding the applications on a rolling basis, some (b) Gate 2—The proposer submits status of the ATP or speaking to one of portion of this may be used for new more detailed information to address our customer representatives who will awards submitted pursuant to the the potential for broad-based economic take your name and address. If you procedures established for the FY 2001 benefits selection criterion and detailed reach ATP voice mail, please speak competition and similarly a portion may budget data. If the information distinctly and slowly and spell the be used for applications submitted submitted is determined to have high words that might cause confusion. under FY 2003 competition. merit, ATP notifies the proposer of its Leave your phone number as well as selection as a semi-finalist and the your name and address; Eligibility Requirements, Selection proposal proceeds to Gate 3. (b) Sending a facsimile (fax) to 301– Criteria, and Proposal Review Process (c) Gate 3—The proposer is requested 926–9524 or 301–590–3053; or The eligibility requirements, selection to submit required forms and additional (c) Sending an electronic form criteria, and the proposal review process documentation, as necessary, and may available at http//www.atp.nist.gov/atp/ are discussed in detail in the ATP be invited to NIST for an oral review. If atpform.htm. implementing regulations published at ATP determines, based on all the SUPPLEMENTARY INFORMATION: 15 CFR part 295, as amended, and the information received, that the proposal ATP Proposal Preparation Kit dated has sufficiently high merit to be funded, Background April 2002. the proposal is considered a finalist and The ATP statute originated in the ATP will group all proposals received proceeds to Gate 4. Omnibus Trade and Competitiveness by each of the specified due dates and (d) Gate 4—Final award processing Act of 1988 (Pub. L. 100–418, 15 U.S.C. review them as a group called a ‘‘batch.’’ and issuance, if selected.
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Additionally, the following Application Forms and Proposal Other Requirements requirements shall apply: Preparation Kit (a) If a proposal is selected as a semi- (a) Semi-finalist proposals will be The April 2002 version of the ATP finalist, ATP reserves the right to seek ranked in the following three categories: Proposal Preparation Kit must be used clarification and necessary information ‘‘Superior,’’ ‘‘Fundable/Deferred,’’ or to prepare and submit all proposals through a list of questions to the ‘‘Unfundable.’’ Fundable/Deferred during fiscal year 2002. The Kit is proposer. proposals may be deferred for available upon request from the ATP at (b) There are certain types of projects consideration in subsequent batches the address and phone numbers noted that ATP will not fund because they are within the same competition. in this notice. The Kit is also available inconsistent with the ATP mission. (b) Proposers may not submit on the Internet on the ATP Web site These include: replacement and/or revised pages and/ http://www.atp.nist.gov. Note that the (1) Straightforward improvements of or documents for any portion of a ATP is mailing the Kit to all those existing products or product proposal once that portion has been individuals whose names are currently development; submitted unless specifically requested on the ATP mailing list. Those (2) Projects that are predominately by NIST. individuals need not contact the ATP to basic research; (c) Once a proposer has received request a copy. The Kit contains (3) Pre-commercial scale notification that their proposal will not proposal cover sheets, other required demonstration projects where the be funded, the proposer may revise that forms, and all the necessary guidelines emphasis is on demonstration that some proposal for consideration one for developing an ATP proposal. All technology works on a large scale or is additional time and resubmit it no later proposals must be prepared in economically sound rather than on R&D; than the end of this fiscal year 2002 accordance with the guidelines in the (4) Projects involving military competition date of September 30, 2002. Kit. weapons R&D or R&D that is of interest only to some mission agency rather than Funding Amounts, Award Period and Submission of Electronic Proposals to the commercial marketplace; Cost Sharing (Matching) Requirements (5) Projects that ATP believes would ATP is now accepting proposals likely be completed with or without (a) A single company can receive up submitted electronically via ATP’s ATP funds in the same time frame or to $2 million in total for R&D activities Electronic Submission System. To be nearly the same time frame; for up to 3 years. ATP funds may only accepted, the proposal must have a (6) Predominantly straightforward, be used to pay for direct costs for single valid ACES digital signature, and the routine data gathering ( e.g., creation of company recipients. Single company attachment (proposal narrative) must be voluntary consensus standards, data recipients are responsible for funding all readable in one of the formats described gathering/handbook preparation, testing of their overhead/indirect costs. Small on the Electronic Submission System of materials, or unbounded research and medium size companies applying as website (webguy.nist.gov). Details about aimed at basic discovery science), or single company proposers are not how to submit electronically, including application of standard engineering required to provide cost-sharing of how to get an ACES Digital Certificate, practices; direct costs; however, they may pay a operating system, hardware and (7) Projects that are simply a follow- portion of the direct costs, if they wish, software requirements, downloads, and on or continuation of tasks previously in addition to all indirect costs. Large instructions are available at funded in ATP projects from essentially companies applying as single company webguy.nist.gov. Font, line spacing, the same proposing team. proposers, however, must cost-share at margin, page limit, page numbering, and (c) Certain costs that may be allowed least 60 percent of the yearly total page size requirements still apply. in Federal financial assistance programs project costs (direct plus all of the The due dates for submission of are not eligible for funding under ATP indirect costs). A large company is electronic proposals are the same as awards. The ATP Proposal Preparation defined as any business, including any those specified under the DATES Kit lists these costs. parent company plus related section of this notice. Please note that (d) For joint ventures, no costs shall subsidiaries, having annual revenues in an electronically submitted proposal be incurred under an ATP project by the excess of $3.197 billion. (Note that this will not be considered to be received joint venture members until such time number will likely be updated annually unless it has a valid ACES digital as a joint venture agreement has been and will be noted in future annual signature and the attachment (proposal executed by all of the joint venture announcements of availability of funds narrative) is readable in one of the members and approved by NIST. NIST and ATP Proposal Preparation Kits.) formats described on the Electronic will withhold approval until it (b) Joint ventures (as defined in 15 Submission System Web site determines that a sufficient number of CFR 295.2(i)) can receive funds for R&D (webguy.nist.gov). members have signed the joint venture activities for up to 5 years with no Submission of Revised Proposals agreement. Costs will only be allowed funding limitation other than the after the execution of the joint venture announced availability of funds. Joint A proposer may submit a proposal agreement and approval by NIST. ventures must cost-share (matching that is a revised version of a proposal (e) Any proposal that includes funds) more than 50 percent of the submitted to a previous ATP research involving human subjects, yearly total project costs (direct plus competition. NIST will examine such human tissue and/or cells, data or indirect costs). The term matching funds proposals to determine whether recordings involving human subjects (cost-sharing) is defined in 15 CFR substantial revisions have been made. must meet the requirements of the 295.2(l). Where the revisions are determined not Common Rule for the Protection of (c) Funds derived from Federal to be substantial, NIST reserves the right Human Subjects, codified for the sources may not be used to meet the to score and rank, or where appropriate, Department of Commerce at 15 CFR part cost-share requirement. Additionally, to reject, such proposals based on 27. In addition, any proposal that subcontractors may not contribute reviews of the previously submitted includes research on these topics must towards the cost-share requirement. proposal. be in compliance with any statutory
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requirements imposed upon NIH and ‘‘Advanced Technology Program reflected under ‘‘Other’’ costs or other Federal agencies regarding these Guidelines and Documentation ‘‘Indirect Costs.’’ topics, all regulatory policies and Requirements for Research Involving Audits of all recipients shall be guidance adopted by NIH, FDA, and Human and Animal Subjects,’’ shall conducted in accordance with other Federal agencies on these topics, apply. This handbook may be obtained Government Auditing Standards (GAS), and all Presidential statements of policy through any of the options described in issued by the Comptroller General of the on these topics, which are provided in the FOR FURTHER INFORMATION CONTACT United States (the Yellow Book). If an the handbook entitled ‘‘Advanced section of this notice. ATP recipient is required to have an Technology Program Guidelines and (g) The intellectual property audit performed in accordance with Documentation Requirements for provisions found at 15 U.S.C. OMB Circular A–133, Audits of States, Research Involving Human and Animal 278n(d)(11) and 15 CFR 295.8 shall Local Government, and Non-Profit Subjects.’’ This handbook may be apply to all ATP awards. Organizations, the annual Circular A– obtained through any of the options (h) Proposers, including each joint 133 audit is deemed to meet the ATP described in the FOR FURTHER venture participant, shall provide audit requirement. INFORMATION CONTACT section of this sufficient funds in the project multi-year If an ATP recipient does not have an notice. budget for project audits as specified annual Circular A–133 audit performed, The NIST Advanced Technology below. Except for vendors that provide the recipient should follow the Program (ATP) adheres to all goods and services, subcontractors that following project audit requirements: Presidential policies, statutes, receive more than $300,000 each, (1) Audits for single company guidelines and regulations regarding the including universities, are also subject recipients shall be conducted using the use of human embryonic stem cells. At to the audit requirement. It is the NIST Program-Specific Audit this time, ATP will not consider responsibility of the recipient to ensure Guidelines for Advanced Technology proposals that involve the use, that audits are performed in a timely Program (ATP) Cooperative Agreements derivation, or characterization of human fashion. Most routine audits can be with Single Companies. embryonic stem cells. performed by the recipient’s external (2) Audits for joint venture recipients On December 3, 2000, the U.S. CPA. However, the Department of shall be conducted using the NIST Department of Health and Human Commerce Office of Inspector General Program-Specific Audit Guidelines for Services (DHHS) introduced the (DoC/OIG) and General Accounting Advanced Technology Program (ATP) Federalwide Assurance of Protection for Office (GAO) reserve the right to carry Cooperative Agreements with Joint Human Subjects (FWA). The FWA out audits as deemed necessary and Ventures. covers all of an institution’s Federally- appropriate. ATP recipients must be (i) All ATP recipients must agree to supported human subjects research, and willing to submit to audits (e.g., audits adhere to the U.S. Export eliminates the need for other types of of cost-accounting systems, direct-cost Administration laws and regulations Assurance documents. For information expenditures, indirect cost rates, or and shall not export or re-export, about FWAs, please see the OHRP Web other periodic reviews) by the directly or indirectly, any technical data site at http://ohrp.osophs.dhhs.gov/ Inspectors General or GAO. Periodic created with Government funding under irbasur.htm. project audits shall be performed as an award to any country for which the In accordance with the DHHS change, follows: United States Government or any NIST will accept the submission of (1) For awards less than 24 months, agency thereof, at the time of such human subjects protocols that have been an audit is required at the end of the export or re-export requires an export approved by Institutional Review project. license or other Governmental approval Boards (IRBs) possessing a current, valid (2) For 2-, 3-, or 4-year awards, an without first obtaining such licenses or FWA from DHHS. NIST will also audit is required after the first year and approval and the written clearance of continue to accept the submission of at the end of the project. the NIST Grants Officer. The Bureau of human subjects protocols that have been (3) For 5-year awards, an audit is Export Administration (BXA) shall approved by IRBs possessing a current, required after the first year, third year, conduct an annual review for any valid Multiple Project Assurance (MPA) and at the end of the project. relevant information about a proposer from DHHS. NIST will not accept the Proposers should budget for audits as and/or Recipient. NIST reserves the submission of human subjects protocols follows: right to not issue any award or suspend that have been approved by IRBs (1) Proposers should allocate funds in or terminate an existing award in the possessing a Single Project Assurance their proposal budgets under the event that significant adverse (SPA), nor will NIST issue an SPA for ‘‘Other’’ direct cost category for the information about a proposer or IRB review of a human subjects project audit. For joint ventures, this Recipient is disclosed by BXA to the protocol. must be included in each participant’s NIST Grants Officer. (f) Any proposal that includes budget, as each participant is (j) Intergovernmental Review. The research involving vertebrate animals responsible for the performance of their ATP does not involve the mandatory must be in compliance with the own project audit. payment of any matching funds from National Research Council’s ‘‘Guide for (2) If an organization’s indirect cost state or local government and does not the Care and Use of Laboratory pool includes audit costs, this is affect directly any state or local Animals’’ which can be obtained from acceptable. In these cases, an government. Accordingly, the National Academy Press, 2101 explanation must be provided in the Department of Commerce has Constitution Avenue, NW., Washington, budget narrative and no audit costs determined that Executive Order 12372, DC 20055. In addition, such proposals reflected under ‘‘Other’’ costs. ‘‘Intergovernmental Review of Federal must meet the requirements of the (3) If a cognizant Federal agency Programs’’ is not applicable to this Animal Welfare Act (7 U.S.C. 2131 et auditor is resident within the company, program. seq.), 9 CFR parts 1, 2, and 3, and if the cognizant Federal agency auditor (k) Paperwork Reduction Act. This appropriate, 21 CFR part 58. may perform the audit. In this case, an notice contains collection of In addition, all requirements as set explanation must be provided in the information requirements subject to the forth in the handbook entitled budget narrative and no audit costs Paperwork Reduction Act (PRA). The
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use of Standards Forms 424B and SF- U.S.C. 553(a)(2), or any other law, for (301) 713–1875. This document may be LLL has been approved by OMB under notices relating to public property, viewed in its entirety at http:// the respective control numbers 0348– loans, grants, benefits, or contracts, a www.st.nmfs.gov/st2/index.html. 0040 and 0348–0046. The use of Form Regulatory Flexibility Analysis, 5 U.S.C. NIST–1262 (pp.1–4) and Form NIST– 601 et seq., is not required and has not FOR FURTHER INFORMATION CONTACT: 1263 (pp.1–5) has been approved by been prepared for this notice. Mark Chandler at 301–713–2363 ext. OMB under the control number 0693– 152. 0009. The use of Commerce Department Public Meeting SUPPLEMENTARY INFORMATION: Section Form CD–346 has been approved by A public meeting (Proposers’ 404 of the MSFCMA requires the OMB under the control number 0605– Conference) for potential proposers and 0001. Notwithstanding any other other interested parties will be held: Secretary of Commerce to publish in the provision of the law, no person is • 9:30 a.m.–12:30 p.m. Eastern Federal Register a strategic plan for required to respond to, nor shall any Standard Time, Thursday, May 2, 2002. fisheries research for the 5 years person be subject to a penalty for failure Gaithersburg Hilton, 620 Perry Parkway, immediately following the its to comply with a collection of Gaithersburg, Maryland 20877. publication. The MSFCMA requires that information, subject to the requirements Telephone: (301) 977–8900. Facsimile: the plan address four major areas of of the PRA, unless that collection of (301) 977–3450. research: (1) Research to support fishery information displays a currently valid The meeting will provide general conservation and management; (2) OMB Control Number. information regarding the ATP, tips on conservation engineering research; (3) (l) Executive Order Statement. This preparing good proposals, and an research on the fisheries; and (4) funding notice was determined to be opportunity for audience questions. information management research. The ‘‘not significant’’ for purposes of Attendance at this public meeting is not MSFCMA specifies that the plan shall Executive Order 12866. required. No registration fee will be contain a limited number of priority (m) ATP is not accepting pre- charged. To register for the public objectives for each of these research proposals during fiscal year 2002. meeting or for further information, areas; indicate goals and timetables; (n) The Department of Commerce Pre- contact ATP at 1–800–ATP–FUND (1– provide a role for commercial fishermen Award Notification Requirements for 800–287–3863), or register via the NIST Grants and Cooperative Agreements in such research; provide for collection Web site: www.atp.nist.gov/atp/ and dissemination of complete and contained in the Federal Register notice reg_form.htm. of October 1, 2001 (66 FR 49917), are accurate information concerning fishing applicable to this solicitation. However, Dated: April 17, 2002. activities; and be developed in please note that the Department of Arden L. Bement, cooperation with the Councils and Commerce will not implement the Director. affected states. requirements of Executive Order 13202 [FR Doc. 02–9374 Filed 4–17–02; 8:45 am] In 1997, the NOAA Fisheries Strategic (66 FR 49921), pursuant to guidance BILLING CODE 3510–13–P Plan (FSP) was published. The FSP was issued by the Office of Management and developed in a comprehensive manner, Budget in light of a court opinion which with significant public involvement, found that the Executive Order was not DEPARTMENT OF COMMERCE including 16 public meetings. The legally authorized. See Building and National Oceanic and Atmospheric following year, NMFS released the Construction Trades Department v. Strategic Plan for Fisheries Research Allbaugh, 172 F. Supp. 138 (D.D.C. Administration (1998). Both the original (1998) and the 2001). This decision is currently on [I.D. 041002C] updated (2001) Strategic Plans for appeal. When the case has been finally resolved, the Department will provide Strategic Plan for Fisheries Research Fisheries Research are based upon and further information on implementation (2001) entirely consistent with the FSP. Many of Executive Order 13202. of the objectives found under the ‘‘Major (o) The Program will retain one copy AGENCY: National Marine Fisheries Fishery Research Objectives and Goals’’ of each unsuccessful application for Service (NMFS), National Oceanic and section of the subject document can be recordkeeping purposes. The remaining Atmospheric Administration (NOAA), matched with those in the FSP. copies will be destroyed. Commerce. The scope of the NMFS Strategic Plan (p) NIST requires each recipient, ACTION: Notice of availability. for Fisheries Research (2001) is solely whether receiving Federal funds or only SUMMARY: The NMFS announces the fisheries research to support the providing matching funds, to have a MSFCMA. It does not include the functioning financial management availability of the Strategic Plan for Fisheries Research (2001). The regulatory and enforcement components system that meets the provisions of 15 of the NMFS’ mission. The NMFS CFR 14.21, to ensure proper Magnuson-Stevens Fishery currently conducts a comprehensive accountability of funds. In cases where Conservation and Management Act program of fisheries research and a recipient has had no prior Federal (MSFCMA) requires the Secretary of support or NIST has reason to question Commerce to develop, triennially, a involves industry and others interested whether the recipient’s financial strategic plan for fisheries research for in fisheries in planning and management standards meet Federal the subsequent 5 years. implementing its objectives. requirements, the recipient will be ADDRESSES: Requests for copies of the Dated: April 11, 2002. required to submit an accounting system NMFS Strategic Plan for Fisheries William Fox, Jr., Research (2001) should be directed to certification issued by an Independent Director, Office of Science and Technology, Certified Public Accountant to the NIST Mark Chandler, Research, Analysis, and National Marine Fisheries Service. Coordination Division, Office of Science Grants Officer within 90 days from the [FR Doc. 02–9526 Filed 4–17–02; 8:45 am] date of award. and Technology, NMFS, NOAA, 1315 (q) Classification. Because notice and East-West Highway, Silver Spring, MD BILLING CODE 3510–22–S comment are not required under 5 20910. Phone: (301) 713–2363. Fax:
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DEPARTMENT OF COMMERCE intent to take final action to address the be restricted to those issues specifically emergency. identified in this notice and any issues National Oceanic and Atmospheric arising after publication of this notice Special Accommodations Administration that require emergency action under The meeting is physically accessible section 305(c) of the Magnuson-Stevens [I.D. 041202D] to people with disabilities. Requests for Fishery Conservation and Management sign language interpretation or other Act, provided the public has been Pacific Fishery Management Council; auxiliary aids should be directed to Ms. notified of the Council’s intent to take Public Meeting Carolyn Porter at (503) 326-6352 at least final action to address the emergency. 5 days prior to the meeting date. AGENCY: National Marine Fisheries Special Accommodations Service (NMFS), National Oceanic and Dated: April 13, 2002. This meeting is physically accessible Atmospheric Administration (NOAA), Richard W. Surdi, to people with disabilities. Requests for Commerce. Acting Director, Office of Sustainable sign language interpretation or other ACTION: Notice of public meeting. Fisheries, National Marine Fisheries Service. auxiliary aids should be directed to [FR Doc. 02–9521 Filed 4–17–02; 8:45 am] Kitty M. Simonds, (808) 522–8220 SUMMARY: The Pacific Fishery BILLING CODE 3510–22–S (voice) or (808) 522–8226 (fax), at least Management Council’s (Council) Ad 5 days prior to meeting date. Hoc Groundfish Fishery Management Plan Environmental Impact Statement DEPARTMENT OF COMMERCE Dated: April 13, 2002. (EIS) Oversight Committee will hold a Richard W. Surdi, working meeting, which is open to the National Oceanic and Atmospheric Acting Director, Office of Sustainable public, on the draft Groundfish Administration Fisheries, National Marine Fisheries Service. Programmatic Supplemental [I.D. 040902F] [FR Doc. 02–9522 Filed 4–17–02; 8:45 am] Environmental Impact Statement BILLING CODE 3510–22–S (PSEIS). Western Pacific Fishery Management Council; Public Meeting DATES: The EIS Oversight Committee DEPARTMENT OF COMMERCE working meeting will begin Wednesday, AGENCY: National Marine Fisheries May 8, 2002 at 1 p.m. and may go into Service (NMFS), National Oceanic and National Oceanic and Atmospheric the evening until business for the day is Atmospheric Administration (NOAA), Administration completed. The meeting will reconvene Commerce. from 8 a.m. to 5 p.m. on Thursday, May [I.D. 041002A] ACTION: Notice of public meeting. 9, 2002. Endangered Species; Permits ADDRESSES: The meetings will be held SUMMARY: The Western Pacific Fishery in the West Conference Room at the Management Council’s (Council) AGENCY: National Marine Fisheries Pacific Fishery Management Council Crustaceans Plan Team (CPT) members Service (NMFS), National Oceanic and office, 7700 NE Ambassador Place, Suite will hold a meeting. Atmospheric Administration (NOAA), 200, Portland, OR 97220–1384. DATES: The CPT meeting will be held on Commerce. FOR FURTHER INFORMATION CONTACT: Mr. May 2, 2002, from 1 p.m. to 5 p.m. ACTION: NMFS has issued modification John DeVore, Groundfish Fishery ADDRESSES: The meetings will be held at #3 to Permit 1178 and modification #1 Management Coordinator; telephone: the Western Pacific Fishery to Permit 1295. (503) 326–6352. Management Council office, 1164 SUMMARY: Notice is hereby given of the SUPPLEMENTARY INFORMATION: The Bishop St., Suite 1400, Honolulu, HI following actions regarding permits for purpose of the EIS Oversight Committee 96813. takes of endangered and threatened meeting is to develop the range of FOR FURTHER INFORMATION CONTACT: species for the purposes of scientific alternatives that will be evaluated in the Kitty M. Simonds, Executive Director; research and/or enhancement under the PSEIS. The committee will review draft telephone: (808) 522–8220. Endangered Species Act (ESA): NMFS sections of the PSEIS, provide SUPPLEMENTARY INFORMATION: The CPT has issued modification #3 to Permit comments to the drafters, and prepare will discuss and may make 1178 to Mr. Harold Foster, of NMFS- recommendations to the Council recommendations to the Council on the NEFSC and modification #1 to permit regarding the programmatic alternatives following agenda items: 1295 to Dr. Richard Merrick, of NMFS- for consideration at the upcoming June 1. Review of the 112th Council NEFSC-PSB. Council meeting. Meeting; SUPPLEMENTARY INFORMATION: Although nonemergency issues not 2. State of crustacean fisheries in Authority contained in the EIS Oversight region; Committee agenda may come before the 3. Lobster modeling workshop report; Issuance of permits and permit EIS Oversight Committee for discussion, 4. Long term research planning; modifications, as required by the those issues may not be the subject of 5. Cooperative research program; Endangered Species Act of 1973 (16 formal committee action during this 6. Reserve operations plan and U.S.C. 1531–1543) (ESA), is based on a meeting. EIS Oversight Committee sanctuary designation process; finding that such permits/modifications: action will be restricted to those issues 7. Economic value of Crustacean Area (1) are applied for in good faith; (2) specifically listed in this notice, and any 1 permits; and would not operate to the disadvantage issues arising after publication of this 8. Other business as required. of the listed species which are the notice that require emergency action Although non-emergency issues not subject of the permits; and (3) are under section 305(c) of the Magnuson- contained in this agenda may come consistent with the purposes and Stevens Fishery Conservation and before this group for discussion, those policies set forth in section 2 of the Management Act, provided the public issues may not be the subject of formal ESA. Scientific research and/or has been notified of the Committee’s action during this meeting. Action will enhancement permits are issued under
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section 10(a)(1)(A) of the ESA. Permit # 1295 application. Comments will not be Authority to take listed species is Notice was published on October 26, accepted if submitted via e-mail or the subject to conditions set forth in the 2001 (66 FR 54233), that Dr. Richard Internet. The application and related permits. Permits and modifications are Merrick, of NMFS-NEFSC-PSB applied documents are available for review in issued in accordance with and are for a modification to 1295. Modification the indicated office, by appointment: subject to the ESA and NMFS #1 authorizes the import and export of Permits, Conservation and Education regulations governing listed fish and sea turtle pieces and parts for the Division, F/PR1, 1315 East West wildlife permits (50 CFR parts 222–226). purpose of research. The goal of the 5– Highway, Silver Spring, MD 20910 (phone:301–713–2289, fax: 301–713– Species Covered in This Notice year plan for sea turtles in the Northeast is to work cooperatively with other 0376). The following species: regions to support and direct research FOR FURTHER INFORMATION CONTACT: Sea turtles on sea turtles in order to identify and Lillian Becker, Silver Spring, MD assess the status of sea turtle stocks, (phone: 301-713-2319, fax: 301–713– Threatened and endangered Green reduce the estimated mortality 0376, e-mail: [email protected]). turtle (Chelonia mydas) associated with fishing activities and SUPPLEMENTARY INFORMATION: Endangered Hawksbill turtle other anthropogenic and natural sources (Eretmochelys imbricata) and to recover ESA listed species. Authority Endangered Kemp’s ridley turtle Modification #1 to Permit 1295 was Issuance of permits and permit (Lepidochelys kempii) issued on March 28, 2002, authorizing modifications, as required by the take of listed species. Permit 1295 Endangered Species Act of 1973 (16 Endangered Leatherback turtle expires May 31, 2006. (Dermochelys coriacea) U.S.C. 1531–1543) (ESA), is based on a Dated: April 12, 2002. finding that such permits/modifications: Threatened Loggerhead turtle (Caretta (1) are applied for in good faith; (2) caretta) Ann Terbush Chief, Permits, Conservation, and Education would not operate to the disadvantage Permit # 1178 Division, Office of Protected Resources, of the listed species which are the National Marine Fisheries Service. subject of the permits; and (3) are Notice was published on October 26, [FR Doc. 02–9523 Filed 4–17–02; 8:45 am] consistent with the purposes and 2001 (63 FR 49335), that Mr. Harold BILLING CODE 3510–22–S policies set forth in section 2 of the Foster, of NMFS-NEFSC applied for a ESA. Scientific research and/or modification to 1178. Modification #3 enhancement permits are issued under authorizes the import and export of sea DEPARTMENT OF COMMERCE section 10(a)(1)(A) of the ESA. turtle pieces and parts for the purpose Authority to take listed species is of research. The applicant has a 5–year National Oceanic and Atmospheric subject to conditions set forth in the scientific research permit to take listed Administration permits. Permits and modifications are sea turtles incidentally taken in foreign [I.D. 041002B] issued in accordance with and are and domestic commercial fisheries subject to the ESA and NMFS operating in state waters and the Endangered Species; Permits regulations governing listed fish and Exclusive Economic Zone in the wildlife permits (50 CFR parts 222–226). Northwest Atlantic Ocean. The work AGENCY: National Marine Fisheries Those individuals requesting a will be conducted by scientific Service (NMFS), National Oceanic and hearing on an application listed in this observers aboard commercial fishing Atmospheric Administration (NOAA), notice should set out the specific vessels. The following species and Commerce. reasons why a hearing on that annual take numbers have been ACTION: Receipt of an application for a application would be appropriate (see requested: 300 loggerhead (Caretta research permit (1375). ADDRESSES). The holding of such caretta), 85 leatherback (Dermochelys hearing is at the discretion of the SUMMARY: Notice is hereby given of the coriacea), 10 Kemp’s ridley Assistant Administrator for Fisheries, following actions regarding permits for (Lepidochelys kempi), 10 hawksbill NOAA. All statements and opinions takes of endangered and threatened (Eretmochelys imbricata), and 10 green contained in the permit action species for the purposes of scientific (Chelonia mydas) turtles. The applicant summaries are those of the applicant research and/or enhancement under the has requested authorization to measure, and do not necessarily reflect the views Endangered Species Act (ESA): NMFS photograph, flipper tag, scan for PIT of NMFS. tags, resuscitate (if necessary) and has received an application for a release turtles taken incidentally in research permit from Dr. Thomas J. Species Covered in This Notice foreign and domestic commercial Kwak, of U. S. Geological Survey - The following species are covered in fisheries. Further, the applicant has North Carolina Cooperative Fish and this notice: requested authority to bring to shore, Wildlife Research Unit (USGS). when feasible, dead sea turtles for DATES: Comments or requests for a Fish necropsy. Necropsy will only be public hearing on any of the new Endangered Shortnose Sturgeon performed by personnel currently applications or modification requests (Acipenser brevirostrum) permitted to conduct such research. must be received at the appropriate This research supports the National address or fax number no later than 5 Application 1375 Marine Fisheries Service’s mission of p.m. eastern standard time on May 20, The applicant proposes to place 600 assessing the impacts of commercial 2002. caged shortnose sturgeon into the fisheries on marine resources of interest ADDRESSES: Written comments on the Roankoke/Albemarle river system at 10 to the United States. Modification #3 to new application should be sent to the test sites that represent variations in Permit 1178 was issued on March 25, appropriate office as indicated below. water quality to investigate growth, 2002, authorizing take of listed species. Comments may also be sent via fax to survival and bioaccumulation of Permit 1178 expires December 31, 2003. the number indicated for the contaminants by the fish. They will be
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in place for 28 days One hundred Blancas, Ano Nuevo State Reserve, and Importing of Marine Mammals (50 additional fish will be used as the Point Reyes National Seashore, the CFR part 216). baseline for the growth and Farallones and Channel Islands, Dated: April 12, 2002. bioaccumulation. The shortnose California. The requested permit has Ann D. Terbush, sturgeon will be juveniles from the U. S. been issued, under the authority of Chief, Permits, Conservation and Education Fish & Wildlife Service Bears Bluff Section 104(c)(6) of the Marine Mammal Division, Office of Protected Resources, Hatchery, Charleston, SC. The fish will Protection Act of 1972, as amended (16 National Marine Fisheries Service. be double caged to prevent their U.S.C. 1361 et seq.). [FR Doc. 02–9463 Filed 4–17–02; 8:45 am] escaping into the wild. Dated: April 9, 2002. BILLING CODE 3510–22–S This experiment is to determine if Ann D. Terbush, whether water quality is a factor in the demise of the shortnose sturgeon in the Chief, Permits, Conservation and Education Division, Office of Protected Resources, DEPARTMENT OF DEFENSE Roankoke/Albemarle river system. National Marine Fisheries Service. Dated: April 12, 2002. [FR Doc. 02–9525 Filed 4–17–02; 8:45 am] Department of the Air Force Ann Terbush, BILLING CODE 3510–22–S Global Positioning System Joint Chief, Permits, Conservation, and Education Division, office of Protected Resources, Program Office National Marine Fisheries Service. DEPARTMENT OF COMMERCE AGENCY: Department of the Air Force, [FR Doc. 02–9524 Filed 4–17–02; 8:45 am] DoD. National Oceanic and Atmospheric BILLING CODE 3510–22–S ACTION: Administration Notice and Request for Review/ Comment of draft ICD–GPS–705 Version 2. DEPARTMENT OF COMMERCE [I.D. 040102C] SUMMARY: This notice informs the public National Oceanic and Atmospheric Marine Mammals; File No. 1003–1665– that the Global Positioning System Administration 00 (GPS) Joint Program Office (JPO) has released the current draft of ICD–GPS– [I.D. 040102B] AGENCY: National Marine Fisheries 705, Navstar GPS Space Segment/User Service (NMFS), National Oceanic and Segment L5 Interfaces, for public review Marine Mammals Atmospheric Administration (NOAA), and comment. This ICD describes the Commerce. AGENCY: National Marine Fisheries interface characteristics of L5, a signal Service (NMFS), National Oceanic and ACTION: Issuance of permit. to be incorporated into the GPS system Atmospheric Administration (NOAA), for the benefit of the civilian Commerce. SUMMARY: Notice is hereby given that Dr. Jennifer Moss Burns, University of community. The draft ICD can be ACTION: Issuance of Photography Permit reviewed at the following Web site: Alaska Anchorage, Department of No. 1019-1657-00. http://gps.losangeles.af.mil. Select Biological Sciences, College of Arts and ‘‘Configuration Management’’, and then Sciences, 3211 Providence Drive, SUMMARY: Daniel J. Cox, Natural select ‘‘Public Data For Review’’. Anchorage, AK 99508 has been issued a Exposures, 16595 Brackett Creek Road, Hyperlinks to the draft ICD and review permit to take Pacific harbor seals Bozeman, Montana 59715, has been instructions are provided. The reviewer (Phoca vitulina richardsi) for purposes issued a permit to take by Level B should save the draft ICD to a local of scientific research. harassment one species of non- memory location prior to opening and threatened, non-endangered marine ADDRESSES: The permit and related performing the review. All comments mammals, the northern elephant seal documents are available for review and their resolutions will be posted to (Mirounga angustirostris), for purposes upon written request or by appointment the Web site. of educational/commercial in the following office(s): ADDRESSES: Submit comments to SMC/ photography. Permits, Conservation and Education CZERC, 2420 Vela Way, Suite 1467, El ADDRESSES: The permit and related Division, Office of Protected Resources, Segundo CA 90245–4659. A comment documents are available for review NMFS, 1315 East-West Highway, Room matrix is provided for your convenience upon written request or by appointment 13705, Silver Spring, MD 20910; phone at the web site and is the preferred in the following offices: (301) 713–2289; fax (301) 713–0376; and method of comment submittal. Permits Division, Office of Protected Alaska Region, NMFS, P.O. Box Comments may be submitted to the Resources, NMFS, 1315 East-West 21668, Juneau, AK 99802-1668; phone following Internet address: Highway, Room 13130, Silver Spring, (907) 586–7221; fax (907) 586–7249.
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System Engineering Division, or write to 1. Agenda: The Integration and Analysis SUPPLEMENTARY INFORMATION: Section the address above. Panel of the Army Science Board FY02 3506 of the Paperwork Reduction Act of Summer Study on ‘‘Ensuring the Financing SUPPLEMENTARY INFORMATION: The 1995 (44 U.S.C. chapter 35) requires that Viability of the Objective Force’’ is holding the Office of Management and Budget civilian and military communities use a meeting on 18 April. The meeting will be the Global Positioning System, which held at IDA—4850 Mark Center Drive. The (OMB) provide interested Federal employs a constellation of 24 satellites meeting will being at 0900 hours and will agencies and the public an early to provide continuously transmitted end at approximately 1700 hours. For further opportunity to comment on information signals to enable appropriately information, please contact Robert Dodd— collection requests. OMB may amend or configured GPS user equipment to 757–788–5715 or email waive the requirement for public produce accurate position, navigation [email protected] consultation to the extent that public and time information. Wayne Joyner, participation in the approval process would defeat the purpose of the Pamela D. Fitzgerald, Program Support Specialist, Army Science Board. information collection, violate State or Air Force Federal Register Liaison Officer. Federal law, or substantially interfere [FR Doc. 02–9579 Filed 4–17–02; 8:45 am] [FR Doc. 02–9465 Filed 4–17–02; 8:45 am] with any agency’s ability to perform its BILLING CODE 3710–08–M BILLING CODE 5001–05–P statutory obligations. The Leader, Regulatory Information Management DEPARTMENT OF DEFENSE Group, Office of the Chief Information DEPARTMENT OF DEFENSE Officer, publishes that notice containing proposed information collection Department of the Army Department of the Army requests prior to submission of these Army Science Board; Notice of Open Army Science Board; Notice of Open requests to OMB. Each proposed Meeting Meeting information collection, grouped by office, contains the following: (1) Type In accordance with section 10(a)(2) of In accordance with section 10(a)(2) of of review requested, e.g. new, revision, the Federal Advisory Committee Act the Federal Advisory Committee Act extension, existing or reinstatement; (2) (Pub. L. 92–463), announcement is (Pub. L. 92–463), announcement is Title; (3) Summary of the collection; (4) made of the following Committee made of the following Committee Description of the need for, and Meeting: Meeting: proposed use of, the information; (5) Name of Committee: Army Science Board Name of Committee: Army Science Board Respondents and frequency of (ASB). (ABS). collection; and (6) Reporting and/or Date(s) of Meeting: April 18 & 19. Date of Meeting: April, 23, 24, 25, 2002. Recordkeeping burden. OMB invites Time(s) of Meeting: 0800–1700, April 18, Time of Meeting: 0800–1700 April 23, public comment. The Department of 2002, 0800–1700, April 19, 2002. 2002; 0800–1700 April 24, 200; 0800–1100, Education is especially interested in Place: Institute for Defense Analysis. April 25, 2002. Place: SAIC. public comment addressing the 1. Agenda: The Operations and Training following issues: (1) Is this collection Panel, Army Science Board FY02 Summer Agenda: The Army Science Board’s (ASB) Study on ‘‘Ensuring the Financial Viability of Study ‘‘Ensuring the Financial Viability of necessary to the proper functions of the the Objective Force’’ is holding a meeting on the Objective Force’’ will have a Plenary Department; (2) will this information be 18 and 19 April. The meeting will be held Meeting on 23, 24 and 25 April. The meeting processed and used in a timely manner; at IDA—4850 Mark Center Drive. The will be held at SAIC, 4001 Fairfax Drive, (3) is the estimate of burden accurate; meeting will begin at 0800 hours on the 18th Arlington, VA. The Meeting will begin at (4) how might the Department enhance and will end at approximately 1700 hours on 0800 hours on the 23rd and end at the quality, utility, and clarity of the the 19th. For further information, please approximately 1100 hours on April 25th. For information to be collected; and (5) how further information, please contact Major contact Maj. Coll S. Haddon—757–878–4694 might the Department minimize the or email [email protected] Robert Grier, 703–604–7478 or email: [email protected] burden of this collection on the Wayne Joyner, respondents, including through the use Wayne Joyner, Program Support Specialist, Army Science of information technology. Board. Program Support Specialist, Army Science Board. Dated: April 12, 2002. [FR Doc. 02–9578 Filed 4–17–02; 8:45 am] [FR Doc. 02–9580 Filed 4–11–02; 8:45 am] John D. Tressler, BILLING CODE 3710–08–M BILLING CODE 3710–08–M Leader, Regulatory Information Management, Office of the Chief Information Officer. DEPARTMENT OF DEFENSE Office of Educational Research and DEPARTMENT OF EDUCATION Improvement Department of the Army Type of Review: New. Notice of Proposed Information Title: Academic Libraries Survey: Army Science Board; Notice of Open Collection Requests Meeting 2002–2005. Frequency: Biennially. AGENCY: Department of Education. In accordance with section 10(a)(2) of Affected Public: Not-for-profit the Federal Advisory Committee Act SUMMARY: The Leader, Regulatory institutions. (Pub. L. 92–463), announcement is Information Management Group, Office Reporting and Recordkeeping Hour made of the following Committee of the Chief Information Officer, invites Burden: Meeting: comments on the proposed information Responses: 3,400. collection requests as required by the Burden Hours: 5,950. Name of Committee: Army Science Board Paperwork Reduction Act of 1995. (ASB). Abstract: The Academic Libraries Date(s) of Meeting: April 18, 2002. DATES: Interested persons are invited to Survey has been a component of the Time(s) of Meeting: 0900–1700. submit comments on or before June 17, Integrated Postsecondary Education Place: Institute for Defense Analysis. 2002. Data System. In 2002 and henceforth it
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will be a separate survey. Changes to the DC 20503 or should be electronically substudy will explore factors associated survey itself are minor from prior mailed to the internet address with paperwork burden through collections of this universe survey. The [email protected]. telephone interviews with special data are collected on the web and SUPPLEMENTARY INFORMATION: Section education teachers. consist of information about library 3506 of the Paperwork Reduction Act of Additional Information: During recent holdings, library staff, library services 1995 (44 U.S.C. chapter 35) requires that hearings for the reauthorization of IDEA, and usage, library technology, library the Director of OMB provide interested ED heard testimony from administrators budget and expenditures. Federal agencies and the public an early and special educators about the Requests for copies of the proposed opportunity to comment on information tremendous paperwork burden placed information collection request may be collection requests. The Office of on teachers; however, policymakers lack accessed from http://edicsweb.ed.gov, or Management and Budget (OMB) may adequate data to adequately characterize should be addressed to Vivian Reese, amend or waive the requirement for this burden, the factors affecting it, and Department of Education, 400 Maryland public consultation to the extent that approaches to easing paperwork burden. Avenue, SW., Room 4050, Regional public participation in the approval This substudy will provide ED with the Office Building 3, Washington, DC process would defeat the purpose of the information it needs to inform the 20202–4651. Requests may also be information collection, violate State or upcoming reauthorization of the IDEA electronically mailed to the internet Federal law, or substantially interfere and set priorities within the Department address [email protected] or with any agency’s ability to perform its for technical assistance and further faxed to 202–708–9346. Please specify statutory obligations. The Leader, research. the complete title of the information Information Management Group, Office Frequency: One time. collection when making your request. of the Chief Information Officer, Affected Public: Individuals or Comments regarding burden and/or the publishes this notice containing household. collection activity requirements should proposed information collection Reporting and Recordkeeping Hour be directed to Kathy Axt at her internet requests at the beginning of the Burden: address [email protected]. Individuals Departmental review of the information Responses: 1,000. who use a telecommunications device collection. Each proposed information Burden Hours: 250. for the deaf (TDD) may call the Federal collection, grouped by office, contains Requests for copies of the proposed Information Relay Service (FIRS) at 1– information collection request may be 800–877–8339. the following: (1) Type of review requested, e.g., new, revision, extension, accessed from http://edicsweb.ed.gov, [FR Doc. 02–9459 Filed 4–17–02; 8:45 am] existing or reinstatement; (2) Title; (3) by selecting ‘‘Browse Pending BILLING CODE 4000–01–P Summary of the collection; (4) Collections’’ and clicking on link Description of the need for, and number. When you access the proposed use of, the information; (5) information collection, click on DEPARTMENT OF EDUCATION Respondents and frequency of ‘‘Download Attachments’’ to view. collection; and (6) Reporting and/or Written requests for information should Notice of Proposed Information be addressed to Vivian Reese, Collection Requests Recordkeeping burden. ED invites public comment. The Department of Department of Education, 400 Maryland AGENCY: Department of Education. Education is especially interested in Avenue, SW, Room 4050, Regional ACTION: Notice of proposed information public comment addressing the Office Building 3, Washington, DC collection requests. following issues: (1) Is this collection 20202–4651 or to the e-mail address necessary to the proper functions of the [email protected]. Requests may also SUMMARY: The Leader, Regulatory Department; (2) will this information be be electronically mailed to the internet Information Management, Office of the processed and used in a timely manner; address [email protected] or faxed to Chief Information Officer, invites (3) is the estimate of burden accurate; 202–708–9346. Please specify the comments on the proposed information (4) how might the Department enhance complete title of the information collection requests as required by the the quality, utility, and clarity of the collection when making your request. Paperwork Reduction Act of 1995. information to be collected; and (5) how Comments regarding burden and/or DATES: An emergency review has been might the Department minimize the the collection activity requirements requested in accordance with the Act burden of this collection on should be directed to Sheila Carey at her (44 U.S.C. Chapter 3507 (j)), since respondents, including through the use internet address [email protected]. public harm is reasonably likely to of information technology. Individuals who use a telecommunications device for the deaf result if normal clearance procedures Dated: April 12, 2002. are followed. Approval by the Office of (TDD) may call the Federal Information John D. Tressler, Management and Budget (OMB) has Relay Service (FIRS) at 1–800–877– been requested by April 23, 2002. A Leader, Regulatory Information Management, 8339. Office of the Chief Information Officer. regular clearance process is also [FR Doc. 02–9460 Filed 4–17–02; 8:45 am] beginning. Interested persons are Office of Special Education and BILLING CODE 4000–01–P invited to submit comments on or before Rehabilitative Services June 17, 2002. Type of Review: New. ADDRESSES: Written comments Title: SPeNSE Substudy on Paperwork regarding the emergency review should Burden. DEPARTMENT OF ENERGY be addressed to the Office of Abstract: In order to inform the Information and Regulatory Affairs, reauthorization of the Individuals with Environmental Management Site- Attention: Lauren Wittenberg, Desk Disabilities Education Act (IDEA), the Specific Advisory Board, Oak Ridge Officer: Department of Education, Office Office of Special Education Programs Reservation of Management and Budget; 725 17th (OSEP) needs information on the causes AGENCY: Department of Energy. Street, NW., Room 10235, New of reported paperwork burden among ACTION: Notice of open meeting. Executive Office Building, Washington, special education teachers. This
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SUMMARY: This notice announces a Issued at Washington, DC on April 12, go to our web site at: http://e- meeting of the Environmental 2002. center.doe.gov/. From this page, click on Management Site-Specific Advisory Rachel M. Samuel, the ‘‘register’’ button to initiate the Board (EM SSAB), Oak Ridge. The Deputy Advisory Committee Management subscription process. You will need to Federal Advisory Committee Act (Pub. Officer. provide information similar to that L. 92–463, 86 Stat. 770) requires that [FR Doc. 02–9469 Filed 4–17–02; 8:45 am] required on the Standard Form 129, public notice of these meeting be BILLING CODE 6450–01–P Solicitation Mailing List Application. announced in the Federal Register. Follow the instructions for ‘‘subscribing’’ to IIPS. Best practices DATES: Wednesday, May 8, 2002, 6 DEPARTMENT OF ENERGY suggest you browse the IIPS page p.m.–9:30 p.m. frequently to ensure you are receiving Notice of Change in DOE Office of the appropriate notices. In order to ADDRESSES: Garden Plaza Hotel, 215 Science Business Practices Notice 02– submit proposals or bids, you must South Illinois Avenue, Oak Ridge, TN 24; Implement Use of Industry register your firm or institution. To 37830. Interactive Procurement System (IIPS) register, click on the ‘‘register’’ button on the IIPS home page, so you can FOR FURTHER INFORMATION CONTACT: Pat AGENCY: Office of Science, Department choose to ‘‘register’’ or ‘‘register and Halsey, Federal Coordinator, of Energy. Department of Energy Oak Ridge subscribe’’ (this is a combination ACTION: Notice of changeover to use of registration and subscription form). Operations Office, P.O. Box 2001, EM– Industry Interactive Procurement Clicking on either option opens a form 922, Oak Ridge, TN 37831. Phone (865) System (IIPS). for you to complete. As with the 576–4025; Fax (865) 576–5333 or e-mail: subscription form, you must complete SUMMARY: The U.S. Department of [email protected]. all the required fields and click on the Energy, Office of Science, is announcing ‘‘submit’’ button at the bottom of the SUPPLEMENTARY INFORMATION: Purpose of a fundamental change in the manner in form. Should you need assistance, the Board: The purpose of the Board is which business will be conducted. A please feel free to contact the IIPS help to make recommendations to DOE and secure, web-enabled acquisition and desk at 800–683–0751, or by email at: its regulators in the areas of financial assistance system, Industry environmental restoration, waste ([email protected]). Interactive Procurement System (IIPS), Office of Science solicitations will management, and related activities. has been developed and is deployed. include as an attachment, the Effective June 1, 2002, this system will Tentative Agenda appropriate forms in PDF fillable format become the way our office receives to be submitted with the proposal. All 1. Presentation on the Y–12 competitive financial assistance information submitted through IIPS Modernization Efforts provided by Ms. applications. IIPS provides for the must be in PDF format. Additional Cindy Hayes, BWXT–Y12, L.L.C. posting of solicitations, receipt of information about the Office of Science applications, and conducting of Public Participation: The meeting is financial assistance programs is clarifications or discussions in a available at our home page, which is open to the public. Written statements paperless environment via the Internet. may be filed with the Committee either located at: http://www.sc.doe.gov/ DATES: Effective June 1, 2002, before or after the meeting. Individuals production/grants/grants.html. Please applications must be submitted in PDF who wish to make oral statements bookmark these pages and check back format through the IIPS system. often. pertaining to agenda items should (However, in order to allow sufficient This Notice remains in effect until it contact Pat Halsey at the address or time for all applicants to register and is succeeded by another issuance by the telephone number listed above. transition to the IIPS system, the Office Office of Science. Requests must be received five days of Science will continue to accept prior to the meeting and reasonable Issued in Washington, DC on April 9, 2002. printed copies of applications until the John Rodney Clark, provision will be made to include the end of the fiscal year, i.e., September 30, presentation in the agenda. The Deputy Associate Director of Science for Resource 2002.) Management. Designated Federal Officer is ADDRESSES: When submitting [FR Doc. 02–9470 Filed 4–17–02; 8:45 am] empowered to conduct the meeting in a applications, applicants should use the BILLING CODE 6430–02–U fashion that will facilitate the orderly IIPS web page, which is located at: conduct of business. Each individual http://e-center.doe.gov/. wishing to make public comment will FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY be provided a maximum of five minutes Director, Grants and Contracts Division, to present their comments at the end of Office of Science, SC–64, U.S. Federal Energy Regulatory the meeting. Department of Energy, 19901 Commission Minutes: Minutes of this meeting will Germantown Road, Germantown, MD [Docket No. RP00–341–002 and RP01–48– be available for public review and 20874–1290. Applicants may call 301– 001] copying at the Department of Energy’s 903–5212, for information and Information Resource Center at 105 assistance. Egan Hub Partners, L.P.; Notice of Compliance Filing Broadway, Oak Ridge, TN between 7:30 SUPPLEMENTARY INFORMATION: Since we a.m. and 5:30 p.m. Monday through are planning on issuing all solicitations April 12, 2002. Friday, or by writing to Pat Halsey, electronically using IIPS, we want you Take notice that on April 9, 2002, Department of Energy Oak Ridge to subscribe to IIPS, free of charge, to Egan Hub Partners, L.P. (Egan Hub) Operations Office, P.O. Box 2001, EM– receive notifications of financial tendered for filing as part of its FERC 922, Oak Ridge, TN 37831, or by calling assistance opportunities in which you Gas Tariff, Original Volume No. 1, the her at (865) 576–4025. are interested. To subscribe to the revised tariff sheets listed on Appendix electronic mailing list, you will need to A of the filing.
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Egan Hub states that the purpose of customers and affected state Specifically, Northern proposes to this filing is to comply with the commissions. install a new 6-inch control valve Commission’s March 14, 2002 order on Any person desiring to protest said (which will be tied into and controlled Egan Hub’s Order No. 637 compliance filing should file a protest with the from the existing station program logic filing. Federal Energy Regulatory Commission, computer) in the existing 24-inch Egan Hub states that copies of its 888 First Street, NE., Washington, DC header at the discharge of the Beatrice filing have been mailed to all parties on 20426, in accordance with section Compressor Station. A ball valve will be the official service lists compiled by the 385.211 of the Commission’s rules and installed upstream of the proposed Secretary of the Commission in these regulations. All such protests must be control valve for isolation during proceedings. filed in accordance with section 154.210 maintenance. Two anubars will be Any person desiring to protest said of the Commission’s regulations. installed in the 24-inch header to filing should file a protest with the Protests will be considered by the measure flows to the C- and B-Lines. Federal Energy Regulatory Commission, Commission in determining the Northern states that additional over- 888 First Street, NE., Washington, DC appropriate action to be taken, but will pressure protection will also be required 20426, in accordance with section not serve to make protestants parties to in the station yard. 385.211 of the Commission’s rules and the proceedings. Copies of this filing are Northern states that there are regulations. All such protests must be on file with the Commission and are currently eight compressor units at the filed in accordance with Section available for public inspection. This Beatrice Compressor Station for a total 154.210 of the Commission’s filing may also be viewed on the web at of 32,500 horsepower (hp). Northern Regulations. Protests will be considered http://www.ferc.gov using the ‘‘RIMS’’ states that it conducted an Open Season by the Commission in determining the link, select ‘‘Docket#’’ and follow the from April 30, 2001 through June 22, appropriate action to be taken, but will instructions (call 202–208–2222 for 2001 soliciting interest for an expansion not serve to make protestants parties to assistance). Comments, protests and project in its Market Area (Project the proceedings. Copies of this filing are interventions may be filed electronically MAX). According to Northern, the Open on file with the Commission and are via the Internet in lieu of paper. See, 18 Season was intended to identify and available for public inspection. This CFR 385.2001(a)(1)(iii) and the quantify market growth opportunities filing may also be viewed on the web at instructions on the Commission’s web and the need to construct facilities http://www.ferc.gov using the ‘‘RIMS’’ site under the ‘‘e-Filing’’ link. necessary to serve the incremental link, select ‘‘Docket#’’ and follow the capacity requirements that will Magalie R. Salas, instructions (call 202–208–2222 for commence during the five year period assistance). Comments, protests and Secretary. from 2003 to 2007. Upon evaluation of interventions may be filed electronically [FR Doc. 02–9475 Filed 4–17–02; 8:45 am] the requests received and a facility via the Internet in lieu of paper. See, 18 BILLING CODE 6717–01–P analysis, Northern determined that CFR 385.2001(a)(1)(iii) and the 90,000 Mcf/d of incremental capacity instructions on the Commission’s web could be made available with minor site under the ‘‘e-Filing’’ link. DEPARTMENT OF ENERGY modifications at its Beatrice Compressor Station. The proposed modifications Magalie R. Salas, Federal Energy Regulatory will allow Northern to better utilize its Secretary. Commission existing pipeline capacity and [FR Doc. 02–9474 Filed 4–17–02; 8:45 am] compression at the station by allowing BILLING CODE 6717–01–P [Docket No. CP02–139–000] gas from the D-Line to flow into the C- Line. Northern contends that the 90,000 Northern Natural Gas Company; Notice Mcf/d of incremental volume will be DEPARTMENT OF ENERGY of Application able to flow downstream of the Beatrice Compressor Station by alleviating a Federal Energy Regulatory April 12, 2002. throughput constraint at the station and Commission Take notice that on April 3, 2002, thereby improving the operational Northern Natural Gas Company efficiency, reliability, and flexibility on [Docket No. RP02–215–001] (Northern), 1111 South 103rd Street, this portion of its system. Omaha, Nebraska 68124–1000, filed in Northern proposes to install minor Kinder Morgan Interstate Gas Docket No. CP02–139–000 an modifications at its Beatrice station to Transmission LLC; Notice of Tariff application pursuant to Section 7 of the make this incremental capacity Filing Natural Gas Act (NGA) and the available to its customers as soon as April 12, 2002. Commission’s Rules and Regulations for practicable. Northern states that the Take notice that on April 9, 2002 a certificate of public convenience and capacity will be dedicated to the firm Kinder Morgan Interstate Gas necessity authorizing Northern to install market requirements related to Project Transmission LLC (KMIGT) tendered for and operate certain natural gas facilities MAX beginning November 2003. The filing as part of its FERC Gas Tariff, at its Beatrice Compressor Station incremental capacity will be posted on Fourth Revised Volume No. 1, the located in Gage County, Nebraska, to Northern’s internet website and will be following tariff sheets, to become provide incremental capacity on the made available to all of Northern’s effective May 1, 2002: downstream pipeline system, all as shippers on a non-discriminatory basis more fully set forth in the application beginning with the 2002/2003 heating Substitute Original Sheet No. 37A which is on file with the Commission season. Northern states that starting in Substitute Original Sheet No. 93A and open to public inspection. This November 2003, the Project MAX KMIGT states that the filing is being filing may also be viewed on the web at shippers will then utilize the made to amend tariff sheets filed March http://www.ferc.gov using the ‘‘RIMS’’ incremental capacity until it is fully 29, 2002 in Docket No. RP02–215. link, select ‘‘Docket #’’ and follow the subscribed in November 2007. Northern KMIGT states that copies of the filing instructions (call 202–208–2222 for notes that any contracts that are entered has been served upon all of its assistance). into during the interim period will not
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have the Right of First Refusal to the consider these comments in accordance with Standard Paragraph E extent that the capacity is dedicated to determining the appropriate action to be at the end of this notice. shippers pursuant to Firm Agreements taken, but the filing of a comment alone 1. NRG Rockford Equipment II LLC as part of Project MAX. will not serve to make the filer a party Northern asserts that all construction to the proceeding. The Commission’s [Docket No. EG02–116–000] activity will be conducted within the rules require that persons filing Take notice that on April 9, 2002, existing fenced area of its compressor comments in opposition to the project NRG Rockford Equipment II LLC (NRG station. Northern estimates that the provide copies of their protests only to Rockford Equipment II) filed with the capital cost for this project is $290,000 the party or parties directly involved in Federal Energy Regulatory Commission that will be funded with internally the protest. (Commission), an application for generated funds. Northern notes that it Persons who wish to comment only determination of exempt wholesale will be at risk for the recovery of the on the environmental review of this generator status pursuant to section 32 costs associated with the proposed project should submit an original and of the Public Utility Holding Company modifications and is not requesting a two copies of their comments to the Act of 1935 (PUHCA) and part 365 of determination of rolled-in pricing at this Secretary of the Commission. the Commission’s regulations. time, however, Northern states that it Environmental commenters will be As more fully explained in the may, at the time it files with the placed on the Commission’s application, NRG Rockford Equipment II Commission for the Project MAX environmental mailing list, will receive states that it is a limited liability facilities, request rolled-in treatment of copies of the environmental documents, company that will be engaged either the total project costs. Northern asks and will be notified of meetings directly or indirectly and exclusively in that the Commission issue an order associated with the Commission’s the business of owning and operating an granting approval of the proposed environmental review process. electric generation facility located in project no later than August 1, 2002. Environmental commenters will not be Illinois. Any questions regarding the required to serve copies of filed Comment Date: May 2, 2002. application should be directed to Mary documents on all other parties. 2. American Transmission Company Kay Miller, Vice President, Rates & However, the non-party commenters LLC Certificates, Northern Natural Gas will not receive copies of all documents [Docket No. ER01–1262–001] Company, P.O. Box 3330, Omaha, filed by other parties or issued by the Nebraska 68103–0330, telephone (402) Commission (except for the mailing of Take notice that on April 5, 2002, 398–7060 or Michael W. McGowan, environmental documents issued by the American Transmission Company LLC Vice President, Certificates and Commission) and will not have the right (ATCLLC) tendered for filing an Community Relations, Northern Natural to seek court review of the executed Generation-Transmission Gas Company 1111 South 103rd Street, Commission’s final order. interconnection Agreement between Omaha, Nebraska 68124, telephone Comments, protests and interventions ATCLLC and RockGen Energy, LLC. (402) 398–7110. ATCLLC requests an effective date of may be filed electronically via the There are two ways to become February 16, 2001. involved in the Commission’s review of Internet in lieu of paper. See, 18 CFR Comment Date: April 26, 2002. this project. First, any person wishing to 385.2001(a)(1)(iii) and the instructions 3. Midwest Independent Transmission obtain legal status by becoming a party on the Commission’s web site under the System Operator, Inc. to the proceedings for this project ‘‘e-Filing’’ link. should, on or before May 3, 2002, file If the Commission decides to set the [Docket No. ER01–3142–007] with the Federal Energy Regulatory application for a formal hearing before Take notice that on April 4, 2002, Commission, 888 First Street, NE., an Administrative Law Judge, the Midwest Independent Transmission Washington, DC 20426, a motion to Commission will issue another notice System Opertor, Inc., tendered for filing intervene in accordance with the describing that process. At the end of recommendations of the Independent requirements of the Commission’s rules the Commission’s review process, a Market Monitor (IMM) regarding market of practice and procedure (18 CFR final Commission order approving or power in the Midwest ISO’s market for 385.214 or 385.211) and the Regulations denying a certificate will be issued. redispatch service. under the NGA (18 CFR 157.10). A Magalie R. Salas, Comment Date: April 25, 2002. person obtaining party status will be Secretary. 4. Puget Sound Energy, Inc. placed on the service list maintained by [FR Doc. 02–9471 Filed 4–17–02; 8:45 am] the Secretary of the Commission and [Docket No. ER02–605–002] will receive copies of all documents BILLING CODE 6717–01–P Take notice that on April 5, 2002, filed by the applicant and by all other Puget Sound Energy, Inc. (PSE), parties. A party must submit 14 copies DEPARTMENT OF ENERGY tendered for filing with the Federal of filings made with the Commission Energy Regulatory Commission and must mail a copy to the applicant Federal Energy Regulatory (Commission) a Motion to Correct Rate and to every other party in the Commission Schedules of its Open Access proceeding. Only parties to the Transmission Tariff to address proceeding can ask for court review of [Docket No. EG02–116–000, et al.] computational errors in its rates filed in Commission orders in the proceeding. this docket on December 26, 2001 and However, a person does not have to NRG Rockford Equipment II LLC, et al.; approved by the Commission on intervene in order to have comments Electric Rate and Corporate Regulation February 15, 2002. Puget Sound Energy, considered. The second way to Filings Inc., 98 FERC ¶ 61,168 (2002). PSE participate is by filing with the requests an effective date of January 1, Secretary of the Commission, as soon as April 11, 2002. 2002 for the above-described tariff possible, an original and two copies of Take notice that the following filings changes. comments in support of or in opposition have been made with the Commission. Copies of the filing were served on the to this project. The Commission will Any comments should be submitted in all persons on the Commission’s Service
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list, PSE’s jurisdictional customers, and Transmission Tariff. Dominion Virginia accordance with part 35 of the the Washington State Utilities and Power requests an effective date of Commission’s Regulations, 18 CFR 35, Transportation Commission. March 18, 2002, as requested by the and that a copy has been served on the Comment Date: April 26, 2002. customer. North Carolina Utilities Commission. Copies of the filing were served upon Duke requests that the proposed 5. Central Illinois Light Company UBS AG, London Branch, the Virginia Service Agreement be permitted to [Docket No. ER02–708–002] State Corporation Commission, and the become effective on June 1, 2002. Take notice that Central Illinois Light North Carolina Utilities Commission. Comment Date: April 26, 2002. Comment Date: April 26, 2002. Company (CILCO), tendered for filing 11. Duke Electric Transmission with the Federal Energy Regulatory 8. Commonwealth Edison Company Commission (Commission) amendments [Docket No. ER02–1497–000] to CILCO’s Ancillary Service Tariff to [Docket No. ER02–1494–000] Take notice that on April 5, 2002, comply with the Commission’s March 1, Take notice that on April 5, 2002, Duke Electric Transmission (Duke), a 2002 Order in this docket. Commonwealth Edison Company division of Duke Energy Corporation, CILCO requested an effective date of (ComEd) submitted for filing with the tendered for filing with the Federal February 1, 2002 for these amendments. Federal Energy Regulatory Commission Energy Regulatory Commission Copies of the filing were served on all (Commission) an interconnection (Commission) a Service Agreement with affected customers, the Illinois agreement between ComEd and Carolina Power & Light Company, for Commerce Commission, and the service Midwest Generation, LLC. ComEd Firm Transmission Service under list in this docket. requests an effective date for the Duke’s Open Access Transmission Comment Date: April 26, 2002. interconnection agreement of April 6, Tariff. Duke states that this filing is in 2002, and, accordingly, seeks waiver of accordance with part 35 of the 6. PacifiCorp the Commission’s notice requirements. Commission’s Regulations, 18 CFR. 35, [Docket No. ER02–1492–000] ComEd states that a copy of the filing and that a copy has been served on the Take notice that on April 5, 2002, was served on Midwest Generation, LLC North Carolina Utilities Commission. PacifiCorp tendered for filing in and the Illinois Commerce Commission. Duke requests that the proposed accordance with 18 CFR 35 of the Comment Date: April 26, 2002. Service Agreement be permitted to become effective on July 1, 2002. Federal Energy Regulatory 9. Virginia Electric and Power Comment Date: April 26, 2002. Commission’s (Commission) Rules and Company Regulations, a Letter Agreement dated [Docket No. ER02–1495–000] 12. Public Service Company of New November 15, 2001 with Sierra Pacific Mexico Power Company. Take notice that on April 5, 2002, Copies of this filing were supplied to Virginia Electric and Power Company [Docket No. ER02–1498–000] the Washington Utilities and (the Company) tendered for filing a Take notice that on April 5, 2002, Transportation Commission and the Service Agreement for Short-Term Public Service Company of New Mexico Public Utility Commission of Oregon. Market Based Rate Power Sales and the (PNM) submitted for filing an executed Comment Date: April 26, 2002. Resale of Transmission Capacity with copy of an Agreement for Power Supply Wisvest-Connecticut, LLC. and Services (Agreement) dated March 7. Virginia Electric and Power Under the Service Agreement, the 30, 2002 (the requested effective date for Company Company will provide services to the the Agreement), between PNM and [Docket No. ER02–1493–000] customer under the terms of the Colorado River Commission of Nevada Take notice that on April 5, 2002, Companys Amended and Restated (CRC). The Agreement, which begins Virginia Electric and Power Company Market-Based Sales Tariff designated as initial service on May 14, 2002 and runs (Dominion Virginia Power or the FERC Electric Tariff (Third Revised through December 31, 2004, and is Company) tendered for filing the Volume No. 4), which was accepted by being filed as Service Agreement No. 31 following Service Agreement for Firm order of the Commission dated August under PNM’s FERC Electric Tariff, First Point-to-Point Transmission Service by 30, 2000, in Docket No. ER00–1737–001. Revised Volume No. 3 (Power and Virginia Electric and Power Company to The Company requests an effective date Energy Sales Tariff), sets forth the terms UBS AG, London Branch designated as of March 22, 2002, as requested by the and conditions under which PNM will Service Agreement No. 355 under the customer requested. provide Balance of the Month, Day- Company’s FERC Electric Tariff, Second Copies of the filing were served upon Ahead, and Real-Time Operations and Revised Volume No. 5. Service Wisvest-Connecticut, LLC, the Virginia Scheduling services for CRC. PNM’s Agreement for Non-Firm Point-to-Point State Corporation Commission and the filing is available for public inspection Transmission Service by Virginia North Carolina Utilities Commission. at its offices in Albuquerque, New Electric and Power Company to UBS Comment Date: April 26, 2002. Mexico. Copies of this filing have been served AG, London Branch designated as 10. Duke Electric Transmission Service Agreement No. 356 under the upon CRC, the New Mexico Public Company’s FERC Electric Tariff, Second [Docket No. ER02–1496–000] Regulation Commission, and the New Revised Volume No. 5. Take notice that on April 5, 2002, Mexico Attorney General. The foregoing Service Agreements are Duke Electric Transmission (Duke), a Comment Date: April 26, 2002. tendered for filing under the Open division of Duke Energy Corporation, 13. Sprague Energy Corp. Access Transmission Tariff to Eligible tendered for filing with the Federal Purchasers effective June 7, 2000. Under Energy Regulatory Commission [Docket No. ER02–1499–000] the tendered Service Agreements, (Commission) a Service Agreement with Take notice that on April 5, 2002, Dominion Virginia Power will provide Carolina Power & Light Company, for Sprague Energy Corp. (Sprague) point-to-point service to UBS AG, Firm Transmission Service under tendered for filing with the Federal London Branch under the rates, terms Duke’s Open Access Transmission Energy Regulatory Commission and conditions of the Open Access Tariff. Duke states that this filing is in (Commission) an application for
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authority to sell electricity at market- instructions (call 202–208–2222 for For further information, contact Steve based rates under Section 205(a) of the assistance). Comments, protests and Hocking at 202–219–2656. Federal Power Act, accompanying interventions may be filed electronically requests for certain blanket approvals via the Internet in lieu of paper. See, 18 Magalie R. Salas, and for the waiver of certain CFR 385.2001(a)(1)(iii) and the Secretary. Commission regulations. Sprague instructions on the Commission’s Web [FR Doc. 02–9472 Filed 4–17–02; 8:45 am] requests that the Commission accept its site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P Rate Schedule FERC No. 1, Original Volume No. 1, for filing. Magalie R. Salas, Sprague is a New Hampshire Secretary. DEPARTMENT OF ENERGY corporation that intends to engage in [FR Doc. 02–9396 Filed 4–17–02; 8:45 am] wholesale electric energy purchases and BILLING CODE 6717–01–P Federal Energy Regulatory sales as a power marketer. Sprague also Commission seeks authority to reassign transmission DEPARTMENT OF ENERGY capacity and to resell firm transmission [Docket No. RM01–12–000] rights. Sprague is not in the business of generating or transmitting electric Federal Energy Regulatory Commission Standard Market Design, Data and power. Software Standards; Notice of Comment Date: April 26, 2002. Conference [Project No. 2652–007] 14. PJM Interconnection, L.L.C. April 12, 2002. [Docket No. OA02–5–000] PacifiCorp, Montana; Notice of The Federal Energy Regulatory Take notice that on April 4, 2002, PJM Availability of Draft Environmental Interconnection, L.L.C. (PJM) tendered Assessment Commission (Commission) will hold a for filing with the Federal Energy conference on data and software needs April 12, 2002. Regulatory Commission (Commission), in connection with the Commission’s amended FERC Order No. 889 In accordance with the National Standard Market Design (SMD) rule. Standards of Conduct (Code of Environmental Policy Act of 1969 and The conference will be held on May 22, Conduct). PJM proposed to amend its the Federal Energy Regulatory 2002, starting at 9:30 a.m. in the Code of Conduct to specify that PJM Commission’s (Commission) Commission Meeting Room at the employees, PJM officers, and members regulations, 18 CFR Part 380 (Order No. Federal Energy Regulatory Commission, of the PJM Board of Managers are 486, 52 FR 47,897), the Office of Energy 888 First Street, NE., in Washington DC. required annually to execute the Code of Projects staff has reviewed the The conference will discuss what data Conduct and Standard of Business application for a subsequent license for and software standards are needed to Ethics Compliance Agreement, and to the Bigfork Hydroelectric Project located implement SMD efficiently. The focus on the Swan River, in Flathead County, make other minor stylistic changes will be on exploring what should be PJM proposed to make its amended Montana, and has prepared a draft standardized; whether there should be a Code of Conduct effective on April 5, environmental assessment (EA) for the standard data model; on examining the 2002. project. The project does not occupy any Copies of this filing have been served federal or tribal lands. In the draft EA, potential for developing data sets to on all PJM members and each state the Commission’s staff has analyzed the benchmark the needed software; and on utility regulatory commission in the potential environmental effects of the finding user interfaces that are PJM control area. existing project and has concluded that transparent and which will instill Comment Date: May 6, 2002. approval of the project, with appropriate confidence in the process. Standard Paragraph environmental protection measures, All interested parties are invited to would not constitute a major federal attend. E. Any person desiring to be heard or action significantly affecting the quality The conference will be transcribed. to protest such filing should file a of the human environment. motion to intervene or protest with the Those interested in acquiring the Federal Energy Regulatory Commission, Copies of the draft EA can be viewed transcript should contact Ace Reporters 888 First Street, NE., Washington, DC at the Commission’s Reference and at 202–347–3700, or 800–336–6646. 20426, in accordance with Rules 211 Information Center, Room 2A, 888 First Transcripts will be placed in the public and 214 of the Commission’s Rules of Street, NE., Washington, DC 20426, or record ten days after the conference. Practice and Procedure (18 CFR 385.211 by calling 202–208–1371. The document also can be viewed on the web at We will issue further details, and 385.214). All such motions or including the agenda and a list of protests should be filed on or before the http://rimsweb1.ferc.gov/rims (call 202– 208–2222 for assistance). participating discussants, as plans comment date. Protests will be evolve. For additional information, considered by the Commission in Any comments should be filed by please contact Rene´ Forsberg at 202– determining the appropriate action to be May 27, 2002, and should be addressed 208–0425 or Rene´[email protected]. taken, but will not serve to make to Magalie R. Salas, Secretary, Federal protestants parties to the proceeding. Energy Regulatory Commission, 888 Linwood A. Watson, Jr., Any person wishing to become a party First Street, NE, Washington, DC 20426. Deputy Secretary. must file a motion to intervene. Copies Please add Project No. 2652–007 to all [FR Doc. 02–9473 Filed 4–17–02; 8:45 am] of this filing are on file with the comments. Comments may be filed Commission and are available for public electronically via the Internet in lieu of BILLING CODE 6717–01–P inspection. This filing may also be paper; see 18 CFR 385.2001(a)(1)(iii) viewed on the Web at http:// and the instructions on the www.ferc.gov using the ‘‘RIMS’’ link, Commission’s web site at under ‘‘e- select ‘‘Docket#’’ and follow the Filing’’ link.
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ENVIRONMENTAL PROTECTION EPA received three timely comment how OEPA addresses regulated AGENCY letters pertaining to Ohio’s title V facilities, follows up on complaints, program from the United States Public monitors facilities, issues permits, sets [OH151–1; FRL–7173–3] Interest Research Group, Clean Air standards, releases information to the Notice of Deficiency for Clean Air Conservancy, and the Earth Day public, pursues enforcement, and Operating Permits Program; Ohio Coalition. In reviewing the commenters’ conducts and oversees cleanups. concerns, EPA agreed that one of the On September 4, 2001, U.S. EPA AGENCY: Environmental Protection comments identified a deficiency in released a draft of a our evaluation of Agency (EPA). Ohio’s program in that Ohio’s reporting Ohio’s programs. A copy of this draft ACTION: Notice of deficiency. requirements fail to require that all report is at http://www.epa.gov/region5/ deviations from permit terms be ohioreview/index.htm. We held a public SUMMARY: Pursuant to its authority reported to the permitting authority. meeting on the draft report on under section 502(i) of the Clean Air Act EPA is addressing this deficiency in this November 13, 2001. We are currently and the implementing regulations at 40 notice. In addition, the commenters working on the final report. In our draft CFR 70.10(b)(1), EPA is publishing this raised other issues that EPA has report we addressed the issue of how notice of deficiency (NOD) for the State determined are not deficiencies. EPA is OEPA addresses insignificant emissions of Ohio’s Clean Air Act title V operating responding to the commenters in units (IEUs) in it permits. After further permits program. The notice of writing, explaining the basis for EPA’s consideration, we find that Ohio’s deficiency is based upon EPA’s finding decision. regulation that allows exempting the that Ohio’s regulations governing In 1997, D. David Altman submitted applicable requirements and other insignificant emissions units and Ohio’s and amended a petition on behalf of information on IEUs from the permit is regulations requiring reports of any Ohio Citizen Action, the Ohio contrary to part 70. EPA is addressing required monitoring at least every six Environmental Council (which was later this deficiency in this notice. replaced by the Ohio Public Interest months and prompt reports of Under EPA’s permitting regulations, Research Group (PIRG)), Rivers deviations do not meet the minimum citizens may, at any time, petition EPA Unlimited, and the Ohio Sierra Club Federal requirements of the Clean Air regarding alleged deficiencies in state asking EPA to withdraw or revoke Act (Act) and 40 CFR part 70. title V operating permit programs. In Ohio’s authorization and/or approval to Publication of this notice is a addition, EPA may on its own identify prerequisite for withdrawal of Ohio’s administer the Act, the Clean Water Act National Pollutant Discharge deficiencies. If, in the future, EPA agrees title V program approval, but does not with a new citizen petition or otherwise effect such withdrawal. Elimination System (NPDES) permit program, and the Resource Conservation identifies deficiencies, EPA may issue a EFFECTIVE DATE: April 10, 2002. Because and Recovery Act (RCRA) hazardous new NOD. this notice of deficiency (NOD) is an waste programs in Ohio based on the adjudication and not a final rule, the II. Description of Action Ohio Audit Law. Administrative Procedure Act’s 30-day Mr. Altman supplemented this EPA is publishing a notice of deferral of the effective date of a rule petition on September 18, 1998, August deficiency for the title V operating does not apply. 4, 1999, and January 27, 2000, to add permits program for the State of Ohio. FOR FURTHER INFORMATION CONTACT: allegations addressing how the Ohio This document is being published Genevieve Damico, Environmental EPA (OEPA) was implementing its pursuant to section 502(i) of the Act and Engineer, Permits and Grants Section, programs. The petitioners’ September 40 CFR 70.10(b)(1), which provides that Air Programs Branch, (AR–18J), U.S. 18, 1998, supplement alleged that OEPA EPA shall publish in the Federal Environmental Protection Agency, was mishandling these three programs. Register a notice of any determination Region 5, 77 West Jackson Boulevard, Their August 4, 1999 supplement that a state’s title V permitting authority Chicago, Illinois 60604, (312) 353–4761. included additional justification for is not adequately administering or enforcing its title V operating permits I. Background petitioners’ allegations regarding these implementation issues. Their January program, or any portion thereof. The On May 22, 2000, EPA promulgated a 27, 2000 supplement/amendment added deficiencies that are the subject of this rulemaking that extended the interim allegations to their petition regarding notice relate to Ohio’s regulations approval period of 86 operating permits several Clean Air Act programs and the governing insignificant emissions units programs until December 1, 2001 (65 FR RCRA Solid Waste Management Plan. (IEUs) and requiring reports of any 32035). The Sierra Club and the New The petitioners also submitted required monitoring at least every six York Public Interest Research Group numerous affidavits in support of the months and prompt reports of challenged the action. In settling the petition in the summer of 2000. deviations. These deficiencies apply to litigation, EPA agreed to publish a As supplemented, the petition all State and local permitting authorities notice in the Federal Register, so that expresses concerns with Ohio that implement Ohio’s title V program. the public would have the opportunity environmental programs and asks EPA A. Approval of Ohio’s Title V Program to identify and bring to EPA’s attention to withdraw and/or revoke its alleged deficiencies in title V programs. authorization, delegation and/or The CAA requires all State and local EPA published that document on approval of OEPA’s RCRA hazardous permitting authorities to develop December 11, 2000 (65 FR 77376). As waste program and Solid Waste operating permits programs that meet stated in the Federal Register Management Plan; Clean Water Act the requirements of title V of the Act, 42 document, EPA agreed to respond by (NPDES) permit program; and Clean Air U.S.C. 7661–7661f, and its December 1, 2001, to timely public Act Standards of Performance for New implementing regulations, 40 CFR part comments on programs that have Stationary Sources (NSPS), New Source 70. Ohio submitted its operating permits obtained interim approval; and EPA Review (NSR), Prevention of Significant program in response to this directive. agreed to respond by April 1, 2002, to Deterioration (PSD), Noncompliance EPA granted full approval to Ohio’s air timely comments on fully approved Penalty, and title V programs. Among operating permits program on August programs. other things, the petitioners question 15, 1995 (60 FR 42045).
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B. Limitation of Deviation Reports to requirement. See OAC 3745–77–03(A). Having addressed the inconsistencies Deviations Detected by Compliance The Ohio program, however, in all other state or local programs Methods Required by Permits specifically exempts from the federally identified by the Ninth Circuit when it Ohio Administrative Code (OAC) enforceable section of its Title V permits ordered EPA to approve Washington’s 3745–77–07(A)(3)(c)(ii) and (iii) limits federally enforceable applicable IEU provisions, EPA is now notifying the reporting of deviations to those requirements to which IEUs are subject. Ohio that it must bring its IEU which can be detected by the See OAC 3745–77–02(E). Although the provisions into alignment with the compliance method required by the part 70 regulations provide states some requirements of part 70 and other State permit. This limitation is contrary to the opportunity to exempt or limit the and local title V programs or face withdrawal of its title V operating requirements of the Act and 40 CFR part amount of information on IEUs required permits program. USEPA committed to 70. Specifically, § 70.6(a)(3)(iii)(A) in a Title V application, the July 21, address those inconsistent programs in requires that permitees submit reports of 1992, preamble to the Title V the Federal Register notice that granted required monitoring at least every 6 regulations makes it clear that this final interim approval to the title V months and that all instances of exemption does not apply to the permit programs of the State of Tennessee and deviations from permit requirements be content (57 FR 32273). Therefore, Ohio’s Memphis-Shelby County (61 FR 39335, identified in these reports. Section regulations at OAC 3745–77–02(E) are July 29, 1996). 70.6(a)(3)(iii)(B) requires that permitees inconsistent with part 70. The United States Court of Appeals Because OAC 3745–77–02, the promptly report deviations from regulations that exempt IEUs, applies for the Ninth Circuit in Western States permitting requirements to the throughout the State of Ohio, this notice Petroleum Association (WSPA) v. permitting authority. Section 70.6 does of deficiency applies to all State and Environmental Protection Agency, 87 not provide for any exceptions to these local agencies that implement Ohio’s F.3d 280 (9th Cir. 1996) required EPA to requirements. Section 113(c)(2) of the operating permits program. Act, among other things, prohibits any approve the State of Washington’s title person from knowingly making a false V program even though Washington’s III. Availability of EPA Responses to certification or omitting material regulations exempted IEUs from certain Citizen Comments information from any reports. Finally, permit content requirements. The Court As discussed above, EPA is 40 CFR 70.5(d) and 70.6(a)(3) require did this because EPA had acted responding in writing to all timely responsible officials to certify that all inconsistently in previously approving comments that citizens submitted reports are true, accurate and complete. at least eight other State or local pursuant to the settlement agreement. See also FR 8314 (February 24, 1997) programs that the Court found were also For all comments not resulting in a (final rule promulgating credible deficient in their treatment of IEUs in NOD, EPA will explain why it found evidence revisions). Together these permits. Ohio was one of the eight that a NOD was not warranted. EPA will statutory and regulatory requirements permitting authorities identified by the publish a notice of availability in the obligate sources to consider all available WSPA Court as exempting IEUs from Federal Register notifying the public material information in evaluating and certain permit content requirements. that EPA has done so. EPA will also reporting deviations for purposes of Since issuance of the Court’s order in post its response letters on the Internet promptly reporting deviations and the WSPA case, EPA has carefully at http://www.epa.gov/oar/oaqps/ submitting reports of any required reviewed the IEU provisions of those permits/ response/ or you may obtain a monitoring at least semi-annually. eight title V programs identified by the copy by contacting Genevieve Damico, Because Ohio’s rule only requires Court as inconsistent with EPA’s EPA Region 5, by phone at (312) 353– permittees to consider compliance decision on Washington’s regulations 4761 or by e-mail at method test data when reporting and taken action to bring all State [email protected]. deviations from permit requirements, programs into consistency with part 70 IV. Effect of Notice of Deficiency Ohio’s title V program does not meet the with regard to the treatment of IEUs in minimum requirements of part 70. permits. EPA has determined that three Part 70 provides that EPA may of the title V programs identified by the withdraw a part 70 program approval, in C. Exemption of IEUs From Permit WSPA Court (Massachusetts; North whole or in part, whenever the Content Requirements Dakota; Knox County, Tennessee) are, in approved program no longer complies Part 70 authorizes EPA to approve as fact, consistent with EPA’s position that with the requirements of part 70 and the part of a state program a list of insignificant sources subject to permitting authority fails to take insignificant activities and emission applicable requirements may not be corrective action (40 CFR 70.10(c)(1)). levels (IEUs) which need not be exempt from permit content This section lists a number of potential included in the permit application, requirements. See 61 FR 39338 (July 29, bases for program withdrawal, including provided that an application may not 1996). North Carolina, Florida and the case where the permitting omit information needed to determine Jefferson County, Kentucky have made authority’s legal authority no longer the applicability of, or to impose, any revisions to their IEU provisions and meets the requirements of part 70. applicable requirement, or to evaluate EPA has approved these. 65 FR 38744, Section 40 CFR 70.10(b) sets forth the the fee amount required under the EPA- 38745 (June 22, 2000) (Forsyth County, procedures for program withdrawal, and approved schedule. See 40 CFR 70.5(c). North Carolina); 66 FR 45941 (August requires as a prerequisite to withdrawal, Nothing in part 70, however, authorizes 31, 2001) (all other North Carolina that the EPA notify the permitting a state to exempt IEUs from the permit permitting authorities); 66 FR 49837 authority of any finding of deficiency by content requirements of 40 CFR 70.6. (October 1, 2001) (Florida); 67 FR 7973 the Administrator and that the Ohio’s regulations contain criteria for (February 21, 2002) (Jefferson County, document be published in the Federal identifying IEUs. See OAC 3745–77– Kentucky). EPA has also issued a notice Register. Today’s document satisfies 01(U). Ohio’s regulations require that of deficiency to the States of this requirement and constitutes a permit applications contain information Washington and Hawaii; 67 FR 72 finding of program deficiency. If the necessary to determine the applicability (January 2, 2002) (Washington); 67 FR permitting authority has not taken of, or to impose, any applicable 15385 (April 1, 2002) (Hawaii). ‘‘significant action to assure adequate
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administration and enforcement of the ADDRESSES: Comments may be document, on the Home Page select program’’ within 90 days after submitted by mail, electronically, or in ‘‘Laws and Regulations,’’ ‘‘Regulations publication of a NOD, EPA may person. Please follow the detailed and Proposed Rules,’’ and then look up withdraw the state program, apply any instructions for each method as the entry for this document under the of the sanctions specified in section provided in Unit I. of the ‘‘Federal Register—Environmental 179(b) of the Act, or promulgate, SUPPLEMENTARY INFORMATION. To ensure Documents.’’ You can also go directly to administer, and enforce a federal title V proper receipt by EPA, it is imperative the Federal Register listings at http:// program. 40 CFR 70.10(b)(2). Section that you identify docket control number www.epa.gov/fedrgstr/. 70.10(b)(3) provides that if a state has OPP–30525 in the subject line on the 2. In person. The Agency has not corrected the deficiency within 18 first page of your response. established an official record for this months of the finding of deficiency, FOR FURTHER INFORMATION CONTACT: Geri action under docket control number EPA will apply the sanctions under McCann, Registration Division, Office of OPP–30525. The official record consists section 179(b) of the Act, in accordance Pesticide Programs (7505C), of the documents specifically referenced with section 179(a) of the Act.1 In Environmental Protection Agency, 1200 in this action, any public comments addition, section 70.10(b)(4) provides Pennsylvania Ave., NW., Washington, received during an applicable comment that, if the state has not corrected the DC 20460; telephone number: (703) period, and other information related to deficiency within 18 months after the 605–0716; e-mail address: this action, including any information date of NOD, EPA must promulgate, [email protected]. claimed as Confidential Business administer, and enforce a whole or SUPPLEMENTARY INFORMATION: Information (CBI). This official record partial program within 2 years of the includes the documents that are date of the finding. This document is I. General Information physically located in the docket, as well not a proposal to withdraw approval of A. Does this Action Apply to Me? as the documents that are referenced in Ohio’s title V program. Consistent with those documents. The public version of You may be affected by this action if 40 CFR 70.10(b), EPA will wait at least the official record does not include any you are an agricultural producer, food 90 days, at which point it will information claimed as CBI. The public manufacturer, or pesticide determine whether Ohio has taken version of the official record, which manufacturer. Potentially affected significant action to correct the includes printed, paper versions of any deficiencies. categories and entities may include, but are not limited to: electronic comments submitted during V. Administrative Requirements an applicable comment period, is available for inspection in the Public Under section 307(b)(1) of the Act, Examples of potentially Information and Records Integrity petitions for judicial review of today’s Categories NAICS codes affected en- Branch (PIRIB), Rm. 119, Crystal Mall action may be filed in the United States tities #2, 1921 Jefferson Davis Hwy., Court of Appeals for the appropriate Arlington, VA, from 8:30 a.m. to 4 p.m., circuit within 60 days of April 18, 2002. Industry 111 Crop pro- duction Monday through Friday, excluding legal Dated: April 10, 2002. 112 Animal pro- holidays. The PIRIB telephone number Bharat Mathur, duction is (703) 305–5805. Acting Regional Administrator, Region 5. 311 Food manu- C. How and to Whom Do I Submit [FR Doc. 02–9496 Filed 4–17–02; 8:45 am] facturing 32532 Pesticide Comments? BILLING CODE 6560–50–P manufac- You may submit comments through turing the mail, in person, or electronically. To ENVIRONMENTAL PROTECTION ensure proper receipt by EPA, it is This listing is not intended to be AGENCY exhaustive, but rather provides a guide imperative that you identify docket [OPP–30525; FRL–6831–9] for readers regarding entities likely to be control number OPP–30525 in the affected by this action. Other types of subject line on the first page of your Pesticide Products; Registration entities not listed in the table could also response. Applications be affected. The North American 1. By mail. Submit your comments to: Industrial Classification System Public Information and Records AGENCY: Environmental Protection Integrity Branch (PIRIB), Information Agency (EPA). (NAICS) codes have been provided to assist you and others in determining Resources and Services Division ACTION: Notice. whether or not this action might apply (7502C), Office of Pesticide Programs SUMMARY: This notice announces receipt to certain entities. If you have questions (OPP), Environmental Protection of an application to register a pesticide regarding the applicability of this action Agency, 1200 Pennsylvania Ave., NW., product containing a new active to a particular entity, consult the person Washington, DC 20460. ingredient not included in any listed under FOR FURTHER INFORMATION 2. In person or by courier. Deliver previously registered products pursuant CONTACT. your comments to: Public Information to the provisions of section 3(c)(4) of the and Records Integrity Branch (PIRIB), B. How Can I Get Additional Information Resources and Services Federal Insecticide, Fungicide, and Information, Including Copies of this Rodenticide Act (FIFRA), as amended. Division (7502C), Office of Pesticide Document and Other Related Programs (OPP), Environmental DATES: Written comments, identified by Documents? Protection Agency, Rm. 119, Crystal the docket control number OPP–30525, 1. Electronically. You may obtain Mall #2, 1921 Jefferson Davis Hwy., must be received on or before May 20, electronic copies of this document, and Arlington, VA. The PIRIB is open from 2002. certain other related documents that 8:30 a.m. to 4 p.m., Monday through might be available electronically, from 1 EPA is developing an Order of Sanctions rule to Friday, excluding legal holidays. The determine which sanction applies at the end of this the EPA Internet Home Page at http:// PIRIB telephone number is (703) 305– 18 month period. www.epa.gov/. To access this 5805.
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3. Electronically. You may submit name, date, and Federal Register person. Please follow the detailed your comments electronically by e-mail citation. instructions for each method as to: [email protected], or you can provided in Unit I. of the II. Registration Applications submit a computer disk as described SUPPLEMENTARY INFORMATION. To ensure above. Do not submit any information EPA received an application as proper receipt by EPA, it is imperative electronically that you consider to be follows to register a pesticide product that you identify docket control number CBI. Avoid the use of special characters containing an active ingredient not OPP–2002–0009 in the subject line on and any form of encryption. Electronic included in any previously registered the first page of your response. submissions will be accepted in products pursuant to the provision of FOR FURTHER INFORMATION CONTACT: By WordPerfect 6.1/8.0 or ASCII file section 3(c)(4) of FIFRA. Notice of mail: Dayton Eckerson, Special Review format. All comments in electronic form receipt of this application does not and Reregistration Division (7508W), must be identified by docket control imply a decision by the Agency on the Office of Pesticide Programs, number OPP–30525. Electronic application. Environmental Protection Agency, 1200 comments may also be filed online at Product Containing an Active Ingredient Pennsylvania Ave., NW., Washington, many Federal Depository Libraries. not Included in any Previously DC 20460; telephone number: (703) 308–8038; and e-mail address: D. How Should I Handle CBI that I Want Registered Product [email protected]. to Submit to the Agency? File Symbol: 72919–R. Applicant: Exit SUPPLEMENTARY INFORMATION: Do not submit any information Holdings L. L. C., 2620 North 37th electronically that you consider to be Drive, Phoenix, AZ 85009. Product I. General Information name: EH-2001. Type of product: CBI. You may claim information that A. Does this Action Apply to Me? you submit to EPA in response to this Rodenticide. Active ingredient: Yellow document as CBI by marking any part or mustard seed powder and sodium This action is directed to the public all of that information as CBI. alpha-olefin sulfonate. Proposed in general. This action may, however, be Information so marked will not be classification/Use: For control of of interest to persons who are or may be disclosed except in accordance with Richardson’s (Spermophilus required to conduct testing of chemical procedures set forth in 40 CFR part 2. richardsonii) and Wyoming ground substances under the Federal In addition to one complete version of squirrels (S.elegans). Insecticide, Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug, the comment that includes any List of Subjects information claimed as CBI, a copy of and Cosmetic Act (FFDCA); the comment that does not contain the Environmental protection, Pesticides environmental, human health, and information claimed as CBI must be and pest. agricultural advocates; pesticides users; submitted for inclusion in the public Dated: April 9, 2002. and members of the public interested in version of the official record. Debra Edwards, the use of pesticides. Since other entities may also be interested, the Information not marked confidential Acting Director, Registration Division, Office will be included in the public version of Pesticide Programs. Agency has not attempted to describe all the specific entities that may be affected of the official record without prior [FR Doc. 02–9499 Filed 4–17–02; 8:45 am] by this action. If you have any questions notice. If you have any questions about BILLING CODE 6560–50–S CBI or the procedures for claiming CBI, regarding the applicability of this action please consult the person listed under to a particular entity, consult the person FOR FURTHER INFORMATION CONTACT. ENVIRONMENTAL PROTECTION listed under FOR FURTHER INFORMATION CONTACT. E. What Should I Consider as I Prepare AGENCY My Comments for EPA? [OPP–2002–0009; FRL–6832–6] B. How Can I Get Additional Information, Including Copies of this You may find the following Availability of Reregistration Eligibility Document and Other Related suggestions helpful for preparing your Decision Document for Comment Documents? comments: 1. Electronically. You may obtain 1. Explain your views as clearly as AGENCY: Environmental Protection electronic copies of this document, and possible. Agency (EPA). 2. Describe any assumptions that you certain other related documents that ACTION: Notice. used. might be available electronically, from 3. Provide copies of any technical SUMMARY: This notice announces the EPA Internet Home Page at http:// information and/or data you used that availability and starts a 60–day public www.epa.gov/. To access this support your views. comment period on the Reregistration document, on the Home Page select 4. If you estimate potential burden or Eligibility Decision (RED) document for ‘‘Laws and Regulations,’’ ‘‘Regulations costs, explain how you arrived at the the pesticide active ingredient and Proposed Rules,’’ and then look up estimate that you provide. propargite. The RED represents EPA’s the entry for this document under the 5. Provide specific examples to formal regulatory assessment of the ‘‘Federal Register—Environmental illustrate your concerns. health and environmental data base of Documents.’’ You can also go directly to 6. Offer alternative ways to improve the subject chemical and presents the the Federal Register listings at http:// the registration activity. Agency’s determination regarding www.epa.gov/fedrgstr/. 7. Make sure to submit your which pesticidal uses are eligible for To access RED documents and RED comments by the deadline in this reregistration. fact sheets electronically, go directly to notice. the REDs table on the EPA Office of 8. To ensure proper receipt by EPA, DATES: Comments, identified by docket Pesticide Programs Home Page, at http:/ be sure to identify the docket control control number OPP–2002–0009, must /www.epa.gov/pesticides/reregistration/ number assigned to this action in the be received on or before June 17, 2002. status.htm. subject line on the first page of your ADDRESSES: Comments may be 2. In person. The Agency has response. You may also provide the submitted by mail, electronically, or in established an official record for this
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action under docket control number comments may also be filed online at reregistration program to reevaluate OPP–2002–0009. The official record many Federal Depository Libraries. existing pesticides to make sure they consists of the documents specifically meet current scientific and regulatory D. How Should I Handle CBI That I referenced in this action, and other standards. The data base to support the Want to Submit to the Agency? information related to this action, reregistration of the chemical listed in including any information claimed as Do not submit any information this document is substantially complete, Confidential Business Information (CBI). electronically that you consider to be and the pesticide’s risks have been This official record includes the CBI. You may claim information that mitigated so that it will not pose documents that are physically located in you submit to EPA in response to this unreasonable risks to people or the the docket, as well as the documents document as CBI by marking any part or environment when used according to its that are referenced in those documents. all of that information as CBI. approved labeling. In addition, EPA is The public version of the official record Information so marked will not be reevaluating existing pesticides and does not include any information disclosed except in accordance with reassessing tolerances under the Food claimed as CBI. The public version of procedures set forth in 40 CFR part 2. Quality Protection Act (FQPA) of 1996. the official record, which includes In addition to one complete version of The pesticide included in this notice printed, paper versions of any electronic the comment that includes any also has been found to meet the FQPA comments submitted during an information claimed as CBI, a copy of safety standard. applicable comment period is available the comment that does not contain the All registrants of pesticide products for inspection in the Public Information information claimed as CBI must be containing the active ingredient listed in and Records Integrity Branch (PIRIB), submitted for inclusion in the public this document have been sent the Rm. 119, Crystal Mall #2, 1921 Jefferson version of the official record. appropriate RED, and must respond to Davis Hwy., Arlington, VA, from 8:30 Information not marked confidential labeling requirements and product- a.m. to 4 p.m., Monday through Friday, will be included in the public version specific data requirements (if excluding legal holidays. The PIRIB of the official record without prior applicable) within 8 months of receipt. telephone number is (703) 305–5805. notice. If you have any questions about Products also containing other pesticide CBI or the procedures for claiming CBI, active ingredients will not be C. How and to Whom Do I Submit reregistered until those other active Comments? please consult the person identified under FOR FURTHER INFORMATION ingredients are determined to be eligible You may submit comments through CONTACT. for reregistration. the mail, in person, or electronically. To The reregistration program is being ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare conducted under Congressionally- imperative that you identify docket My Comments for EPA? mandated time frames, and EPA control number OPP–2002–0009 in the You may find the following recognizes both the need to make timely subject line on the first page of your suggestions helpful for preparing your reregistration decisions and to involve response. comments: the public. Therefore, EPA is generally 1. By mail. Submit your comments to: 1. Explain your views as clearly as issuing these REDs as final documents Public Information and Records possible. with a 60–day comment period. Integrity Branch (PIRIB), Information 2. Describe any assumptions that you Although the 60–day public comment Resources and Services Division used. period does not affect the registrant’s (7502C), Office of Pesticide Programs 3. Provide copies of any technical response due date, it is intended to (OPP), Environmental Protection information and/or data you used that provide an opportunity for public input Agency, 1200 Pennsylvania Ave., NW., support your views. and a mechanism for initiating any Washington, DC 20460. 4. If you estimate potential burden or necessary amendments to the REDs. All 2. In person or by courier. Deliver costs, explain how you arrived at the comments will be carefully considered your comments to: Public Information estimate that you provide. by the Agency. If any comment and Records Integrity Branch (PIRIB), 5. Provide specific examples to significantly affects a RED, EPA will Information Resources and Services illustrate your concerns. amend the RED by publishing a Division (7502C), Office of Pesticide 6. Offer alternative ways to improve description of the amendment in the Programs (OPP), Environmental the notice or collection activity. Federal Register. Protection Agency, Rm. 119, Crystal EPA is particularly interested in 7. Make sure to submit your Mall #2, 1921 Jefferson Davis Highway, receiving comments on the practicality comments by the deadline in this Arlington, VA. The PIRIB is open from of the revised restricted entry intervals document. 8:30 a.m. to 4 p.m., Monday through (REIs) contained in the RED. (The REI is 8. To ensure proper receipt by EPA, Friday, excluding legal holidays. The the period of time following a pesticide be sure to identify the docket control PIRIB telephone number is (703) 305– application during which EPA restricts number assigned to this action in the 5805. worker entry into a treated area to 3. Electronically. You may submit subject line on the first page of your mitigate risks posed by pesticide your comments electronically by e-mail response. You may also provide the residues. Once the REI expires, EPA to: [email protected], or you can name, date, and Federal Register believes residues have declined to a submit a computer disk as described citation. point where they pose negligible risks to above. Do not submit any information II. Background workers). As noted in the RED, the electronically that you consider to be Agency typically structures its REI label CBI. Avoid the use of special characters A. What Action is the Agency Taking? requirements so that a single REI will and any form of encryption. Electronic The Agency has issued a RED for the apply to all post-application activities submissions will be accepted in pesticide active ingredient listed in this for a given crop or crop group. In other WordPerfect 6.1/8.0/9.0 or ASCII file document. Under the Federal words, even if management of a given format. All comments in electronic form Insecticide, Fungicide, and Rodenticide crop requires multiple post-application must be identified by docket control Act (FIFRA), as amended in 1988, EPA activities, the Agency will establish a number OPP–2002–0009. Electronic is conducting an accelerated single REI for all those activities even if
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those activities involve different practices might include rescheduling SUMMARY: This notice announces the exposure potentials. To ensure that the pesticide application or hand labor initial filing of a pesticide petition workers are adequately protected, that activity; using non-chemical pest proposing the establishment of one REI will usually be based on the control alternatives; using an alternative regulations for residues of a certain activity that involves the highest level of to hand labor tasks, such as machine pesticide chemical in or on various food exposure. This approach is favored cultivation; or substituting a pesticide commodities. because users and employers are more with a shorter REI. This information DATES: Comments, identified by docket likely to understand and comply with should include estimates or data on per control number PF–1081, must be clear labels. Also, establishing multiple acre revenue, and cost of production for received on or before May 20, 2002. activity-based REIs for crops could the crop area for which the exception is cause confusion and compromise requested. These estimates or data ADDRESSES: Comments may be compliance with and enforcement of should include: The current situation, submitted by mail, electronically, or in worker protection regulations. However, the situation if the exception is not person. Please follow the detailed when the consideration of risks and granted, the situation if the exception is instructions for each method as benefits indicate that a single REI is granted, and specific information on the provided in Unit I.C. of the unworkable, EPA will consider granting individual factors which cause SUPPLEMENTARY INFORMATION. To ensure exceptions. For most propargite uses, a differences in revenues and cost among proper receipt by EPA, it is imperative single crop-specific REI is being the three situations. that you identify docket control number proposed in the RED because no critical 5. Provide documentation or a PF–1081 in the subject line on the first activity was identified that warranted description of the safety and feasibility page of your response. establishing an exception. During the of such an exception, including, but not 60–day comment period for this RED, limited to, the period of time required FOR FURTHER INFORMATION CONTACT: By however, EPA will accept further daily per worker to perform the hand mail: Mary L. Waller, Fungicide Branch, comments from growers regarding needs labor activity, any suggested methods of Registration Division (7505C), Office of for additional REI exceptions for reducing the worker’s exposure, and any Pesticide Programs, Environmental specific post-application activities, and other mitigating factors, such as the Protection Agency, 1200 Pennsylvania will add such exceptions where needed availability of mechanical devices that Ave., NW., Washington, DC 20460; if there are adequate margins of would reduce the workers’ contact with telephone number: (703) 308–9354; e- exposure (MOEs) and/or benefits the treated surfaces. mail address: [email protected]. associated with such activities warrant SUPPLEMENTARY INFORMATION: such an exception. To assist the Agency B. What is the Agency’s Authority for in making its risk/benefit finding on a Taking this Action? I. General Information specific exception request, the following The legal authority for this RED falls A. Does this Action Apply to Me? benefits-related information is most under FIFRA, as amended in 1988 and useful. 1996. Section 4(g)(2)(A) of FIFRA You may be affected by this action if 1. Identify the crop(s) and provide a directs that, after submission of all data you are an agricultural producer, food description of the specific production concerning a pesticide active ingredient, manufacturer or pesticide manufacturer. task(s) for which the exception is ‘‘the Administrator shall determine Potentially affected categories and requested. Explain why the task is whether pesticides containing such entities may include, but are not limited critical during the REI. As specifically active ingredient are eligible for to: as possible, describe how the task is reregistration,’’ before calling in performed including timing within the product-specific data on individual end- growing season, equipment and/or PPE use products, and either reregistering used in performing the task, nature of products or taking ‘‘other appropriate NAICS Examples of poten- the contact with treated surfaces, and regulatory action.’’ Categories tially affected enti- duration for performing the task codes ties including the number of hours per days List of Subjects and number of days. Environmental protection. Industry 111 Crop production 2. Explain why the critical tasks 112 Animal production cannot be performed prior to Dated: April 5, 2002. 311 Food manufac- turing application or after the REI has expired. Lois Rossi, Include detailed information on the 32532 Pesticide manufac- Director, Special Review and Reregistration turing critical pest(s), the timing of the Division, Office of Pesticide Programs. application, and the impact of [FR Doc. 02–9501 Filed 4–17–02 8:45 am] modifying the pesticide application to This listing is not intended to be conform to the REI. BILLING CODE 6560–50–S exhaustive, but rather provides a guide 3. Describe the geographic area for for readers regarding entities likely to be affected by this action. Other types of which the exception or prohibition is ENVIRONMENTAL PROTECTION entities not listed in the table could also requested. If the exception request is AGENCY limited to a specific geographic area, be affected. The North American describe why the circumstances of [PF–1081; FRL–6831–2] Industrial Classification System exposure or economic impact resulting (NAICS) codes have been provided to from the prohibition of routine hand Notice of Filing a Pesticide Petition to assist you and others in determining tasks during the REI are unique to the Establish a Tolerance for a Certain whether or not this action might apply geographic area named in the exception. Pesticide Chemical in or on Food to certain entities. If you have questions 4. Explain, for each requested crop/ AGENCY: Environmental Protection regarding the applicability of this action task combination, why alternative Agency (EPA). to a particular entity, consult the person practices would not be technically or listed under FOR FURTHER INFORMATION ACTION: Notice. financially viable. Such alternative CONTACT.
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B. How Can I Get Additional Programs (OPP), Environmental 6. Make sure to submit your Information, Including Copies of this Protection Agency, Rm. 119, Crystal comments by the deadline in this Document and Other Related Mall #2, 1921 Jefferson Davis Highway, notice. Documents? Arlington, VA. The PIRIB is open from 7. To ensure proper receipt by EPA, 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control electronic copies of this document, and Friday, excluding legal holidays. The number assigned to this action in the certain other related documents that PIRIB telephone number is (703) 305– subject line on the first page of your might be available electronically, from 5805. response. You may also provide the the EPA Internet Home Page at http:// 3. Electronically. You may submit name, date, and Federal Register www.epa.gov/. To access this your comments electronically by e-mail citation. document, on the Home Page select to: [email protected], or you can II. What Action is the Agency Taking? ‘‘Laws and Regulations’’ and then look submit a computer disk as described above. Do not submit any information EPA has received a pesticide petition up the entry for this document under as follows proposing the establishment the ‘‘Federal Register—Environmental electronically that you consider to be CBI. Avoid the use of special characters and/or amendment of regulations for Documents.’’ You can also go directly to residues of a certain pesticide chemical the Federal Register listings at http:// and any form of encryption. Electronic submissions will be accepted in in or on various food commodities www.epa.gov/fedrgstr/. under section 408 of the Federal Food, 2. In person. The Agency has Wordperfect 6.1/8.0 or ASCII file format. All comments in electronic form Drug, and Cosmetic Act (FFDCA), 21 established an official record for this U.S.C. 346a. EPA has determined that action under docket control number PF– must be identified by docket control number PF–1081. Electronic comments this petition contains data or 1081. The official record consists of the information regarding the elements set documents specifically referenced in may also be filed online at many Federal Depository Libraries. forth in section 408(d)(2); however, EPA this action, any public comments has not fully evaluated the sufficiency received during an applicable comment D. How Should I Handle CBI That I of the submitted data at this time or period, and other information related to Want to Submit to the Agency? whether the data support granting of the this action, including any information Do not submit any information petition. Additional data may be needed claimed as Confidential Business before EPA rules on the petition. Information (CBI). This official record electronically that you consider to be includes the documents that are CBI. You may claim information that List of Subjects you submit to EPA in response to this physically located in the docket, as well Environmental protection, as the documents that are referenced in document as CBI by marking any part or all of that information as CBI. Agricultural commodities, Feed those documents. The public version of additives, Food additives, Pesticides the official record does not include any Information so marked will not be disclosed except in accordance with and pests, Reporting and recordkeeping information claimed as CBI. The public requirements. version of the official record, which procedures set forth in 40 CFR part 2. includes printed, paper versions of any In addition to one complete version of Dated: April 2, 2002 electronic comments submitted during the comment that includes any Robert A. Forrest an applicable comment period, is information claimed as CBI, a copy of Acting Director, Registration Division, Office available for inspection in the Public the comment that does not contain the of Pesticide Programs. information claimed as CBI must be Information and Records Integrity Summary of Petition Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public The petitioner summary of the #2, 1921 Jefferson Davis Highway, version of the official record. pesticide petition is printed below as Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential required by section 408(d)(3) of the Monday through Friday, excluding legal will be included in the public version FFDCA. The summary of the petition holidays. The PIRIB telephone number of the official record without prior was prepared by Safe Materials, Inc. and is (703) 305–5805. notice. If you have any questions about CBI or the procedures for claiming CBI, represents the views of Safe Materials, C. How and to Whom Do I Submit please consult the person identified Inc. EPA is publishing the petition Comments? under FOR FURTHER INFORMATION summary verbatim without editing it in You may submit comments through CONTACT. any way. The petition summary the mail, in person, or electronically. To announces the availability of a E. What Should I Consider as I Prepare description of the analytical methods ensure proper receipt by EPA, it is My Comments for EPA? imperative that you identify docket available to EPA, for the detection and control number PF–1081 in the subject You may find the following measurement of the pesticide chemical line on the first page of your response. suggestions helpful for preparing your residues, or an explanation of why no 1. By mail. Submit your comments to: comments: such method is needed. Public Information and Records 1. Explain your views as clearly as Safe Materials, Inc. Integrity Branch (PIRIB), Information possible. Resources and Services Division 2. Describe any assumptions that you PP 2F6362 (7502C), Office of Pesticide Programs used. EPA has received a pesticide petition (OPP), Environmental Protection 3. Provide copies of any technical (2F6362) from Safe Materials, Inc., P.O. Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that Box 1065, Valdosta, GA 31603–1065 Washington, DC 20460. support your views. proposing, pursuant to section 408(d) of 2. In person or by courier. Deliver 4. If you estimate potential burden or FFDCA, 21 U.S.C. 346a(d), to amend 40 your comments to: Public Information costs, explain how you arrived at the CFR part 180 to establish an exemption and Records Integrity Branch (PIRIB), estimate that you provide. from the requirement of a tolerance, in Information Resources and Services 5. Provide specific examples to or on the raw agricultural commodity Division (7502C), Office of Pesticide illustrate your concerns. cotton seed. EPA has determined that
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the petition contains data or information examined in cell cultures of wheat, 2. Genotoxicty. The Ames test for regarding the elements set forth in according to a standard method. Four mutagenicity of nonoxynol-9, a section 408(d)(2) of the FFDCA; major radioactively labeled fractions, structurally similar product, was however, EPA has not fully evaluated were detected and isolated. They were negative. the sufficiency of the submitted data at shown to be 4-(hydroxy)- and 4- 3. Reproductive and developmental this time, or whether the data support (dihydroxy) nonylphenols, which were toxicity. The broad range of structurally granting of the petition. Additional data glucosylated at the phenolic OH-group similar products, which are presently may be needed before EPA rules on the and further glucosylated, approved for use in pesticide petition. glucuronidated, and acylated with formulations, and adjuvants have not been reported to cause reproductive or A. Residue Chemistry acetic acid or malonic acid. These results confirm and extend the findings developmental toxicity. In a 3–month 1. Plant metabolism. The Federal of a trial investigating p-tert-octyphenol study with rats, dietary administration Register of July 7, 1995 (60 FR 35396) in barley plants. Hexaethoxylated p-tert- of alkyl-omega- (FRL–4957–9), announced the octylphenol was also reduced to hydroxypoly(oxyethylene) (100% C11–15) reclassification of a number of inert monohydroxylated and glycosylated at dose levels of 62.5, 125, 250 or 500 ingredients from List 3 to List 4B metabolites. It is proposed that, alpha- mg/kg/day resulted in statistically (minimal risk). EPA included alpha- sec-alkyl(C11–15)-omega- significant decreases in mean body sec-alkyl(C11–15)-omega- hydroxypoly(oxyethylene), would also weight gain, in both males and females hydroxypoly(oxyethylene) among those be metabolized in the same manner. at doses above 125 mg/kg/day. Females substances on List 4B indicating: 2. Analytical method. Alpha-sec- exhibited significant decreases in mean • ‘‘On behalf of the Office of food consumption. Treatment had no alkyl(C11–15)-omega- Pesticide Programs, these substances hydroxypoly(oxyethylene), and its effect on survival, clinical signs, organ were reviewed by the Structure Activity metabolites, can be extracted from crop weights, and weight gain. A no observed Team of EPA’s Office of Pollution matrices by blending with methylene adverse effect level (NOAEL) of 62.5 Prevention and Toxics, with each chloride. After blending, the extract is mg/kg and a lowest observed adverse judged to be of low concern for potential filtered, volume reduced, excess solvent effect level (LOAEL) of 125 mg/kg was human health, and/or environmental is evaporated using nitrogen. The established. In a 3–month study with rats, dietary effects.’’ organic residue is then analyzed by • ‘‘These inert ingredients were administration at 82, 154 and 354 mg/ using a high performance liquid evaluated by the Office of Pesticide kg/day caused no adverse effects on chromotography (HPLC) equipped with Program’s inert review group, and survival, clinical signs, organ weights, a ultraviolet (UV) detector. determined to be of minimal risk.’’ hematology, or gross and histopathology • ‘‘A list of these inert ingredients 3. Magnitude of residues. EPA has at any dose level. Based upon decrease proposed for reclassification was already exempted from the requirements in body weight gain, a NOAEL of 154 provided to EPA’s Office of Water and of a tolerance under 40 CFR 180.1001(c) mg/kg/day and a LOAEL of 354 mg/kg/ to the FDA’s Center for Food Safety and the residues of alpha-sec-alkyl(C11–15)- day was established. Applied Nutrition for comment; no omega-hydroxypoly(oxyethylene), when A two-generation rat reproductive adverse comments were received.’’ used as an inert ingredient in pesticide study to determine reproductive toxicity Additionally, EPA has already formulations that may be applied to of octylphenol, a structurally similar exempted from the requirements of a growing crops, or raw agricultural product was conducted. Five groups of tolerance under 40 CFR 180.1001(c) the commodities after harvest. As Safe rats were administered octylphenol at residues of alpha-sec-alkyl(C11–15)- Materials, Inc. is requesting an dose levels of 0, 0.2, 20, 200, and 2,000 omega-hydroxypoly(oxyethylene) for exemption from the requirement of a parts per million (ppm). Effects were use in pesticide formulations applied to tolerance, the magnitude of residues in observed only at 2,000 ppm, including growing crops, or to raw agricultural cotton seed was not quantified. decreased body weights in adults, and commodities after harvest. B. Toxicological Profile during the latter portion of lactation in The addition of alpha-sec- offspring and minor body weight-related alkyl(C11–15)-omega- 1. Acute toxicity. The acute rat oral delays in acquisition of vaginal opening hydroxypoly(oxyethylene) to the list of LD50 was 2,910 milligrams/kilogram and preputial separation. No effects on substances considered exempt from the (mg/kg) male and 971 mg/kg female. reproductive parameters, testes, requirement of a tolerance when used as The acute rat dermal LD50 was 2,730 prostate, or ovary weights or an active ingredient, would merely mg/kg male and <3,000 mg/kg for morphology, on sperm counts, motility, acknowledge the fact, that this product female. The 4–hour rat inhalation LC50 morphology or production, or on estrous is safe to humans and the environment. was 1.06 milligrams per liter (mg/L) for cyclicity were observed. The NOAELs As alpha-sec-alkyl(C11–15)-omega- both male and female. Alpha-sec- for systemic and postnatal toxicity were hydroxypoly(oxyethylene), contains as alkyl(C11–15)-omega- 200 ppm and at or above 2,000 ppm for an integral part of it’s composition the hydroxypoly(oxyethylene), was slightly reproductive toxicity. atomic elements, carbon, hydrogen, and irritating to rabbit skin and caused 4. Subchronic toxicity. Para- oxygen, it is not expected to be corneal involvement. Based on these nonylphenol is used to produce degraded into any metabolites of results, alpha-sec-alkyl(C11–15)-omega- nonylphenol ethoxylates (a class of toxicological concern. This nonionic hydroxypoly(oxyethylene) would be nonionic surfactants), a subgroup of surfactant would be expected to classified as EPA Category III, for alkylphenol ethoxylates to which alkyl- biodegrade ultimately and completely inhalation toxicity and dermal toxicity, omega-hydroxypoly(oxyethylene) into carbon dioxide and water. EPA Category IV, for oral toxicity and (100% C11–15) belongs. The primary The metabolism of 4-n-nonylphenol dermal irritation, and EPA Category I, biodegradation of alkylphenol (4-NP), a metabolite of alpha-sec- for eye irritation. Alpha-sec- ethoxylates is the hydrolytic removal of alkyl(C11–15)-omega- alkyl(C11–15)-omega- ethoxylate groups. This step is relatively hydroxypoly(oxyethylene), has been hydroxypoly(oxyethylene), was not a rapid, and results in the intermediate investigated. The metabolism was sensitizer to the skin. nonylphenol. Thus, it is widely
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accepted that tests with para- to be of low concern for potential 28–days. Octylphenol was not detected nonylphenol represent the alkylphenol human health and/or environmental in any blood sample from animals ethoxylates. effects.’’ treated via drinking water. In a 90–day rat feeding study, para- • ‘‘These inert ingredients were 7. Endocrine disruption. A two- nonylphenol was administered to four evaluated by the Office of Pesticide generation rat reproductive study to groups of rats at dietary concentrations Program’s Inert Review Group and determine reproductive toxicity of of 0, 15, 50, and 150, mg/kg/day. There determined to be of minimal risk.’’ octylphenol, a structurally similar were 25 rats/sex/group in the control • ‘‘A list of these inert ingredients product, was conducted. Five groups of and high dose groups and 15 rats/sex/ proposed for reclassification was rats were administered octylphenol at group in the low and mid-dose groups. provided to EPA’s Office of Water and dose levels of 0, 0.2, 20, 200, and 2,000 Ten of the 25 rats/sex in the control and to the FDA’s Center for Food Safety and ppm. No effects in reproductive high-dose groups were designated as Applied Nutrition for comment; no parameters, testes, prostate, or ovary recovery animals and were maintained adverse comments were received.’’ weights or morphology, on sperm on control diets for 4 weeks after Safe Materials, Inc. believes, alkyl- counts, motility, morphology, completion of the 90–day exposure omega-hydroxypoly(oxyethylene) production, or on estrous cyclicity were period to assess the reversibility of any (100% C11–15), should be classified as a observed. No estrogen-like effects were effects which might be observed. In-life ‘‘Not Likely’’ carcinogen based upon evident. effects, were limited to small decreases lack of carcinogenicity in rats and mice. In a 90–day rat feeding study, para- in body weight and food consumption As alkyl-omega- nonylphenol (primary breakdown in the 150 mg/kg dose group. Post- hydroxypoly(oxyethylene) (100% product) was administered to four mortem measurements at week 14 C11––15) has been federally approved for groups of rats at dietary concentrations indicated a dose-related kidney weight use in pesticide formulations applied to of 0, 15, 50, and 150 milligram/ increase in males and a decrease in growing crops, or to raw agricultural kilogram/day (mg/kg/day). There were renal haline globules/droplets in males commodities after harvest, this 25 rats/sex/group in the control and from the high dose group. The kidney particular minute, additional use should high dose groups and 15 rats/sex/group weights showed complete recovery be of little concern to the welfare of the in the low and mid dose groups. Ten of following the 4–week post-dosing U.S. population. the 25 rats/sex in the control and high recovery period. Due to the small 6. Animal metabolism. The dose groups were designated as recovery magnitude of the changes, (i.e., all absorption, distribution, metabolism animals and were maintained on control weights were within or near laboratory and excretion of alkyl-omega- diets for 4 weeks after completion of the historical control values), and the lack hydroxypoly(oxyethylene) (100% C11–15) 90–day exposure period to assess the of correlating clinical or is well understood in mammals. reversibility of any effects which might histopathological changes, the kidney Pharmacokinetic data indicate rapid be observed. Estrous cyclicity was weight alterations were not considered metabolism and excretion of monitored using vaginal cytology during toxicologically significant. The alkylphenols, which is consistent with week 8 of the study, and sperm count, biological significance of reduced the low toxicity of nonylphenol. Current motility and morphology were hyaline in the kidneys of male rats from research confirms, that single doses of evaluated at termination. No changes the high dose group is uncertain. Renal nonylphenol (5 or 200 mg/kg) are were observed for estrous cycling, tubular hyaline is associated with the rapidly excreted, and that nonylphenol sperm evaluations, or effects on rat-specific protein, alpha-2u-globulin, does not accumulate in the tissues of endocrine organs. Para-nonylphenol, and therefore, this finding was not rats. It has also been proven that the therefore, did not manifest any estrogen- considered toxicologically relevant to liver and kidney of female rats were able like activity as measured in these humans. No other effects attributable to to clear nonoxynol labeled with 14C in parameters at dietary concentrations as para-nonylphenol were observed. Based the ethylene oxide chain within 48 high as 150 mg/kg/day. Safe Materials, upon the minor findings for the high hours. Similarly, it has been shown that Inc., therefore, does not expect alkyl- dose group, the NOAEL in this study is structurally related alkylphenol, omega-hydroxypoly(oxyethylene) considered to be 50 mg/kg/day and the octylphenol, was rapidly excreted (half- (100% C11–15) to exhibit any estrogen- LOAEL is 150 mg/kg/day. life of approximately 5 hours) by first- like activity. 5. Chronic toxicity. No long-term pass hepatic metabolism via C. Aggregate Exposure chronic toxicity studies are available for glucuronide conjugation. Octylphenol alkylphenol ethoxylates to which alkyl- toxicokinetics after repeated 1. Dietary exposure. Alkyl-omega- omega-hydroxypoly(oxyethylene) administration was investigated, in male hydroxypoly(oxyethylene) (100% (100% C11–15) belongs, but an Wistar rats receiving daily gavage C11–15), is proposed as a nematicide and unpublished 2–year feeding study in administrations of 50 or 200 mg fungicide for use on cotton. EPA has rats and an 18–month dermal study in octylphenol/kg body weight for 14 exempted from the requirements of a mice using primary alcohol ethoxylates consecutive days. Profiles of tolerance under 40 CFR 180.1001(c) the are available. There were no treatment octylphenol blood concentration vs time residues of alpha-sec-alkyl(C11–15)- related effects. determined on day 1 and day 14 were omega-hydroxypoly(oxyethylene) when Additionally, in its notice of July 7, similar, indicating that repeated oral used as an inert ingredient in pesticide 1995 (60 FR 35396) (FRL–4957–9) gavage administration did not lead to formulations, that may be applied to which moved alkyl-omega- increased blood concentrations. Only growing crops or raw agricultural hydroxypoly(oxyethylene) (100% C11–15) doses which saturated the metabolic commodities after harvest. 21 CFR from List 3 to List 4B (minimal risk), capacity of the liver, (<200 mg/kg/day 173.315 permits use as a surface active EPA stated: for 14–days), resulted in measurable agent for washing sugar beets prior to • ‘‘On behalf of the Office of concentrations of octylphenol in the the slicing operation at a level not to Pesticide Programs, these substances tissues (primarily the fat). Another exceed 3 ppm. 21 CFR 178.3400, allows were reviewed by the Structure Activity group of rats received octylphenol via use as an emulsifier and/or surface Team of the EPA’s Office of Pollution drinking water saturated with active agent in the manufacture of Prevention and Toxics with each judged octylphenol (8 ppm) over a period of articles or components of articles
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intended for use in producing, water and sediment was conducted. A which moved alpha-sec-alkyl(C11–15)- manufacturing, packing, processing, survey of those river reaches most likely omega-hydroxypoly(oxyethylene) from preparing, treating, packaging or to contain nonylphenol and its List 3 to List 4B (minimal risk) EPA holding food. 21 CFR 181.30 permits the ethoxylate residues was conducted stated: use in the manufacture of paper and based on a random sample of a subset • ‘‘On behalf of the Office of paperboard products for use in food of EPA River Reach File defined by Pesticide Programs, these substances packaging. certain selection criteria. Applying The Federal Register, of July 7, 1995 enhanced analytical techniques, little or were reviewed by the Structure Activity (60 FR 35396), announced the no nonylphenol or Team of EPA’s Office of Pollution reclassification of a number of inert nonylphenoethoxylate was found in Prevention and Toxics, with each ingredients from List 3 to List 4B river water at most locations: median judged to be of low concern for potential (minimal risk). EPA included alpha-sec- 0.00008 milligrams per liter (mg/L), human health and/or environmental alkyl(C11–15)-omega- 95th percentile 0.00027 mg/L. effects.’’ hydroxypoly(oxyethylene) among those A study of nonylphenol polyethoxy • ‘‘These inert ingredients were substances on List 4B indicating: carboxylate (NPEC) metabolites of evaluated by the Office of Pesticide • ‘‘On behalf of the Office of nonionic surfactants in U.S. paper mill Program’s Inert Review Group and Pesticide Programs, these substances effluents, municipal sewage treatment determined to be of minimal risk.’’ were reviewed by the Structure Activity plant effluents and river waters reported • Team of EPA’s Office of Pollution similar findings. Paper mill effluents ‘‘A list of these inert ingredients Prevention and Toxics, with each typically contained less than 100 µg/L proposed for reclassification, was judged to be of low concern for potential NPECs and NPEC concentrations in provided to EPA’s Office of Water and human health and/or environmental effluents from sewage treatment plants to the FDA’s Center for Food Safety and effects.’’ ranged from 140 to 270 micrograms/ Applied Nutrition for comment; no • ‘‘These inert ingredients were Liter (µg/L). Based upon animal adverse comments were received.’’ evaluated by the Office of Pesticide metabolism studies, these low level Expansion of the uses of the product Program’s Inert Review Group and concentrations in drinking water would to cotton as an active ingredient, is not determined to be of minimal risk.’’ be rapidly excreted by humans. likely to significantly increase the U.S. • ‘‘A list of these inert ingredients 2. Non-dietary exposure. Alkyl- population’s exposure to the product proposed for reclassification was omega-hydroxypoly(oxyethylene) and related compounds. Therefore, provided to EPA’s Office of Water and (100% C ) and structurally, similar 11–15 there is reasonable certainty that no to the FDA’s Center for Food Safety and surfactants are widely used in various Applied Nutrition for comment; no industry, institutional, and household harm to the U.S. population will result adverse comments were received.’’ applications. U.S. production exceeded from the use described. i. Food. As 61 companies currently 500 million pounds in 1990. Industrial 2. Infants and children. FFDCA have 135 different pesticide products uses (55% of total volume) included section 408 provides that EPA shall approved by the EPA containing alpha- manufacture of plastics, textiles, paper apply an additional tenfold margin of sec-alkyl(C11–15)-omega- and agricultural chemical products. safety, for infants and children in the hydroxypoly(oxyethylene) at varying Institutional applications (30% of total case of threshold effects to account for concentrations approved for various use volume) include vehicle cleaning, prenatal and postnatal toxicity and the sites including food crops, we believe commercial laundry products, and hard completeness of the data base, unless that the approval of this petition, adding surface cleaners. Personal care products, EPA concludes that a different margin of the use of cotton would pose minimal contraceptives, cosmetics, and safety will be safe for infants and additional risk to the U.S. population. household laundry products account for children. Margins of safety are The addition of alpha-sec- the majority of household applications alkyl(C )-omega- incorporated into EPA risk assessments, 11–15 (15% of total volume). either directly through the use of margin hydroxypoly(oxyethylene) to the list of Given the wide spread use of this of exposure (MOE) analysis, or through substances considered exempt, from the group of compounds, the additional using uncertainty (safety) factors in requirement of a tolerance when used as exposure resulting from granting this an active ingredient would merely petition is not expected to significantly calculating a dose level that poses no acknowledge the fact that this product alter the risk profile. appreciable risk to humans. There is no is safe to humans and the environment. available data to indicate any additional The addition of the expanded use on D. Cumulative Effects sensitivity of infants and children to cotton is not expected to significantly There is a wide range of structurally this product, or to other similar increase the dietary exposure to this similar compounds that are used in products, which have been in use for compound. many products to which the U.S. many years and for numerous uses. ii. Drinking water. The product has population is exposed. Safe Materials, There are no data that suggest that there been shown to readily biodegrade and, Inc. is unaware of any cumulative is a basis to require an additional therefore, is not likely to be present in effects occurring from such uses. margin of safety to be applied. potable water supplies. The standard Further, the use of the product that is wastewater treatment systems as they subject to the tolerance exemption F. International Tolerances exist in the United States are able to petition is not likely to significantly There are no Codex Alimentarius treat surfactants effectively, and there is increase daily exposure to this class of Commission maximum residue levels no evidence of accumulation of compounds. Therefore, a cumulative established for residues of alpha-sec- nonylphenol, or other structurally risk assessment was not done for this alkyl(C )-omega- similar products in the aquatic chemical. 11–15 environments. hydroxypoly(oxyethylene). A risk assessment of nonylphenol and E. Safety Determination [FR Doc. 02–9500 Filed 4–17–02; 8:45 am] its ethoxylates (a degradation product of 1. U.S. population. In the Federal BILLING CODE 6560–50–S the proposed chemical, in U.S. river Register of July 7, 1995 (60 FR 35396),
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FEDERAL ELECTION COMMISSION Parties: Orient Overseas Container Line (UK) COSCO Container Lines Company, Ltd., Sunshine Act; Meeting Limited, Kawasaki P&O Nedlloyd Limited, Kisen Kaisha, Ltd., P&O Nedlloyd BV, AGENCY: Federal Election Commission. Yangming Marine Transport Lykes Lines Limited, LLC, DATE & TIME: Tuesday, April 23, 2002 at Corporation. TMM Lines Limited, LLC, 10 a.m. Synopsis: The proposed agreement COSCO Container Lines Company, PLACE: 999 E Street, NW., Washington, modifications add ports in the Ltd., DC Mediterranean to the geographic scope Hanjin Shipping Co., Ltd., STATUS: This meeting will be closed to of the three agreements. Kawasaki Kisen Kaisha, Ltd., the public. Agreement No.: 011637–007. YangMing (UK) Ltd. ITEMS TO BE DISCUSSED: Title: AMPAC Cooperative Working Synopsis: The proposed agreement Compliance matters pursuant to 2 Agreement. establishes a vessel-sharing agreement U.S.C. § 437g. Parties: among the parties in the trade between Audits conducted pursuant to 2 TMM Lines Limited, LLC, Miami, New Orleans, and Houston, on U.S.C. § 437g, § 438(b), and Title 26, Hamburg-Su¨ d, the one hand, and ports in North U.S.C. Maruba S.C.A., Europe, on the other. Matters concerning participation in Compania Chilena De Navegacion Agreement No.: 201098–002. civil actions or proceedings or Interoceanica, S.A. Title: New Orleans/Carnival Terminal arbitration. Synopsis: The proposed amendment Agreement. Internal personnel rules and adds Compania Chilena De Navegacion Parties: The Board of Commissioners procedures or matters affecting a Interoceanica, S.A. as a party, revises of the Port of New Orleans Carnival particular employee. the number of vessels to be provided by Corporation. DATE & TIME: Thursday, April 25, 2002 each party, and amends the allocation of Synopsis: The proposed amendment at 10 a.m. space among the parties. is a restatement of the original PLACE: 999 E Street NW., Washington, Agreement No.: 011737–005. agreement and also includes provisions DC (Ninth Floor) Title: The MCA Agreement. for an expanded terminal. The STATUS: This meeting will be open to the Parties: agreement now is to run through public. Alianca Navegacao e Logistica Ltda., November 26, 2007. ITEMS TO BE DISCUSSED: Antillean Marine Shipping Dated: April 12, 2002. Correction and Approval of Minutes. Corporation, By Order of the Federal Maritime Draft Advisory Opinion 2002–04: CMA CGM, S.A., Commission. Austin, Nichols & Co., Incorporated; d/ Companhia Libra de Navegacao, Theodore A. Zook, b/a Pernod Ricard USA, by counsel, Compania Sud Americana de Vapores Assistant Secretary. Brett G. Kappel. S.A., [FR Doc. 02–9366 Filed 4–17–02; 8:45 am] Administrative Matters. CP Ships (UK) Limited d.b.a. ANZDL BILLING CODE 6730–01–P PERSON TO CONTACT FOR INFORMATION: and d.b.a. Contship Containerlines, Mr. Ron Harris, Press Officer, Crowley Liner Services, Inc., Telephone: (202) 694–1220. Dole Ocean Cargo Express, Inc., FEDERAL MARITIME COMMISSION Mary W. Dove, Hamburg Sud, Hapag-Lloyd Container Linie, [Docket No. 02–06] Secretary of the Commission. King Ocean Central America S.A., Hudson Shipping (Hong Kong) Ltd. d/ [FR Doc. 02–9624 Filed 4–16–02; 11:19 am] King Ocean Service De Colombia S.A., BILLING CODE 6715–01–M b/a Hudson Express Lines; Possible King Ocean Service De Venezuela Violations of Section 10(a)(1) of the S.A., Shipping Act; of 1984; Notice of Lykes Lines Limited, LLC, Investigation and Hearing FEDERAL MARITIME COMMISSION Montemar Maritima S.A., Nippon Yusen Kaisha, Notice is given that, on April 5, 2002, Notice of Agreements Filed Norasia Container Line Limited, the Federal Maritime Commission The Commission hereby gives notice Tecmarine Lines, Inc., (‘‘Commission’’) served an Order of of the filing of the following TMM Lines Limited, LLC, Investigation and Hearing on Hudson agreement(s) under the Shipping Act of Tropical Shipping & Construction Co., Shipping (Hong Kong) Ltd. d/b/a 1984. Interested parties can review or Ltd., Hudson Express Lines (‘‘Hudson’’). obtain copies of agreements at the Wallenius Wilhelmsen Lines AS. Hudson holds itself out as a non- Washington, DC offices of the Synopsis: The proposed amendment vessel-operating common carrier Commission, 800 North Capitol Street, adds Nippon Yusen Kaisha as a party to (‘‘NVOCC’’). It appears that Hudson NW., Room 940. Interested parties may the agreement and deletes Far Eastern obtained ocean transportation on behalf submit comments on an agreement to Shipping Company as a party to the of other NVOCCs by permitting them to the Secretary, Federal Maritime agreement. use its service contracts to transport Commission, Washington, DC 20573, Agreement No.: 011798. their shipments at lower rates than within 10 days of the date this notice Title: Atlantic Space Charter should have been applicable. appears in the Federal Register. Agreement. This proceeding seeks to determine Agreement Nos.: 011560–004, Parties: whether Hudson violated section 011561–004, 011562–005. Hapag-Lloyd Container Linie GmbH, 10(a)(1) of the 1984 Act and, in the Title: The Transatlantic Bridge Nippon Yusen Kaisha, event violations are found, whether Agreement; COSCO/KL Transatlantic Orient Overseas Container Line penalties should be assessed and, if so, Vessel Sharing Agreement; KL/YM Limited, in what amount and whether a cease Transatlantic Vessel Sharing Agreement. Orient Overseas Container Line Inc., and desist order should be issued.
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Any person having an interest in FEDERAL MARITIME COMMISSION Shipping Reform Act of 1998 (46 U.S.C. participating in this proceeding may file app. 1718) and the regulations of the a petition for leave to intervene in Ocean Transportation Intermediary Commission pertaining to the licensing accordance with Rule 72 of the License Reissuance of Ocean Transportation Intermediaries, Commission’s rules of practice and 46 CFR 515. procedure, 46 CFR 502.72. Notice is hereby given that the following Ocean Transportation Bryant L. VanBrakle, Intermediary license has been reissued Secretary. by the Federal Maritime Commission [FR Doc. 02–9370 Filed 4–17–02; 8:45 am] pursuant to section 19 of the Shipping BILLING CODE 6730–01–M Act of 1984, as amended by the Ocean
License No. Name/Address Date Reissued
16183F ...... AJ International Shipping/Shipping, Inc., 4548 Mundy February 6, 2002. Road, Jacksonville, FL 32207.
Sandra L. Kusumoto, Federal Maritime Commission an Non-Vessel Operating Common Carrier Director, Bureau of Consumer Complaints application for license as Non-Vessel and Ocean Freight Forwarder and Licensing. Operating Common Carrier and Ocean Transportation Intermediary [FR Doc. 02–9368 Filed 4–17–02; 8:45 am] Freight Forwarder—Ocean Applicants BILLING CODE 6730–01–P Transportation Intermediary pursuant to Navigational Logistics Inc., 144–24 section 19 of the Shipping Act of 1984 156th Street, Suite 202, Jamaica NY as amended (46 U.S.C. app. 1718 and 46 11434, Officers: Michael Tsahalis, FEDERAL MARITIME COMMISSION CFR 515). President (Qualifying Individual), Persons knowing of any reason why Matteo Sala, Vice President Ocean Transportation Intermediary the following applicants should not License Revocations Andrews Moving and Storage Company, receive a license are requested to One Andrews Circle, Brecksville, OH The Federal Maritime Commission contact the Office of Transportation 44141, Officers: C. Keith Extep, Vice hereby gives notice that the following Intermediaries, Federal Maritime President (Qualifying Individual), Ocean Transportation Intermediary Commission, Washington, DC 20573. Thomas T. Marshall, CEO licenses have been revoked pursuant to Non-Vessel Operating Common Carrier All World Logistics, Inc. dba Internet section 19 of the Shipping Act of 1984 Ocean Transportation Intermediary Shipping Line, 969 Newark Turnpike, (46 U.S.C. app. 1718) and the Applicants Kearny, NJ 07032, Officers: Metin regulations of the Commission Nerkis, Vice President (Qualifying pertaining to the licensing of Ocean Liberty Maritime, 4545 Lovetta, #3503, Individual), James Delaney Chairman Transportation Intermediaries, effective Spring, TX 77388, Officer: Michael S.T.S. International Freight Forwarders, on the corresponding date shown below: Koch, Partner/Owner, (Qualifying Inc., 10231 NW 21st Street, Miami, FL License Number: 3504NF. Individual) 33165 Officers: Maria Teresa Garcia, Name: Indo-China Express, Inc. Jet Cargo Forwarders International, Inc., Secretary, (Qualifying Individual) Address: 211 Tenth Street, Suite 201, 3100 E. 8th Street, Suite C, National Samuel Duran, President Oakland, CA 94607. City, CA 91950, Officers: Jessie S. Magic Logistics, Inc., 4436 NW 74th Date Revoked: March 4, 2002. Gomez, President, (Qualifying Avenue, Miami, FL 33166, Officers: Reason: Surrendered license Individual), Remedios F. Gomez, Angela Arias, Director, (Qualifying voluntarily. Secretary Individual), Francesca Bazzichelli, License Number: 4294F. Nex-Freight System Inc., 167—43 148th President Name: Louis Espinoza dba Royal Avenue, Jamaica, NY 11434, Officer: Ocean Freight Forwarder—Ocean International Freight Forwarding Hyeok Namkoong, President, Transportation Intermediary Company. Qualifying Individual Applicants Address: 366 Woodlawn Avenue, Tug Logistics, Inc., 17979 Arenth Seair International Inc., 147–39 175th Jersey City, NJ 07305–1306. Avenue, Bldg. #A, City of Industry, Street, Suite 201, Jamaica, NY 11434, Date Revoked: February 8, 2002. CA 91748 Officer: Robert Hsiang Lin, Officers: Zi Ping Wang, Vice President Reason: Failed to maintain a valid Wu, President, (Qualifying (Qualifying Individual), Bhaskar bond. Individual) Cacarla, President Fortune Logistics Inc., 177—25 Maritime International, Inc., 20 Sandra L. Kusumoto, Rockaway Blvd., Jamaica, NY 11434, Director, Bureau of Consumer Complaints Mingarry Drive, Richmond Hill, GA Officers: Alan Lo, President, 31324, Officer: Bruce F. Mccray, and Licensing. (Qualifying Individual), Tommy Yu, [FR Doc. 02–9367 Filed 4–17–02; 8:45 am] President (Qualifying Individual) Vice President RWC, Inc., 640 North Fries Avenue, BILLING CODE 6730–01–P Clarke International Services Inc., 359 Wilmington, CA 90744, Officer: N. Oak Street, Inglewood, CA 90302, Robert Cigliano, President (Qualifying Officers: John J. Clarke, President, Individual) FEDERAL MARITIME COMMISSION (Qualifying Individual). James F. Clarke, Vice President Dated: April 12, 2002. Ocean Transportation Intermediary Theodore A. Zook, License Applicants Calvary Corp., 9660 Flair Drive, Suite 268, El Monte, CA 91731. Officers: Assistant Secretary. Notice is hereby given that the Helen F. Ortiz, CFO, (Qualifying [FR Doc. 02–9369 Filed 4–17–02; 8:45 am] following applicants have filed with the Individual), Frank Wang, President BILLING CODE 6730–01–P
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DEPARTMENT OF HEALTH AND No. 0920–0282—Revision—National of children with elevated blood-lead HUMAN SERVICES Center for Environmental Health levels; (4) examine potential sources of (NCEH), Centers for Disease Control and lead exposure; and (5) help allocate Centers for Disease Control and Prevention (CDC). resources for lead poisoning prevention Prevention Lead poisoning is the most common activities. In 2001, CDC awarded 60 [30DAY–24–02] and societally devastating grants and cooperative agreements to environmental disease of young fund childhood lead poisoning Agency Forms Undergoing Paperwork children in the United States. The prevention programs. The quarterly Reduction Act Review adverse health effects of lead on young report is designed to collect blood lead children can be profound. Severe lead screening and test confirmation data The Centers for Disease Control and exposure can cause coma, convulsions, from CDC-funded programs. The Prevention (CDC) publishes a list of and even death. Lower levels of lead, quarterly report consists of four data information collection requests under which rarely cause symptoms, can review by the Office of Management and result in decreased intelligence, tables requiring the following Budget (OMB) in compliance with the developmental disabilities, behavioral information: (1) The number of children Paperwork Reduction Act (44 U.S.C. disturbances, and disorders of blood screened by age and Medicaid Chapter 35). To request a copy of these production. enrollment status; (2) the number of requests, call the CDC Reports Clearance In 1992, CDC National Center for children screened and confirmed by Officer at (404) 498–1210. Send written Environmental Health (NCEH) began the blood lead level; (3) the number of comments to CDC, Desk Officer, Human National Childhood Lead Surveillance children screened by ethnicity; and (4) Resources and Housing Branch, New Program. The goals of the childhood the number of children screened by Executive Office Building, Room 10235, lead surveillance program are to (1) race. OMB approval for this package Washington, DC 20503. Written establish childhood lead surveillance will expire on 31 January 2002. This comments should be received within 30 systems at the state and national levels; request is for a 3-year revision with a days of this notice. (2) use surveillance data to estimate the change in the burden hours. The Proposed Project: Childhood Lead extent of elevated blood-lead levels estimated annualized burden is 480 Poisoning Prevention Programs OMB among children; (3) assess the follow-up hours.
Number of Average bur- Type of respondents Number of responses/re- den/response respondents spondent (in hrs.)
State and Local Grant and Cooperative Agreement Programs ...... 60 4 2
Dated: March 26, 2002. Chapter 35). To request a copy of these Increasing national hepatitis B Nancy E. Cheal, requests, call the CDC Reports Clearance vaccination coverage among health-care Acting Associate Director for Policy, Planning Officer at (404) 498–1210. Send written workers to 98% has been included as a and Evaluation, Centers for Disease Control comments to CDC, Desk Officer, Human goal in the Healthy People 2010 and Prevention. Resources and Housing Branch, New initiative published by the National [FR Doc. 02–9380 Filed 4–17–02; 8:45 am] Executive Office Building, Room 10235, Center for Health Statistics. A cross- BILLING CODE 4163–18–P Washington, DC 20503. Written sectional survey has been developed to comments should be received within 30 assess hepatitis B vaccination coverage days of this notice. levels among health-care workers in the DEPARTMENT OF HEALTH AND Proposed Project: Survey to Assess HUMAN SERVICES United States. The proposed survey will Hepatitis B Vaccination Coverage provide data that can be used to assess Centers for Disease Control and Among U.S. Health-Care Workers— progress towards achieving the 2010 Prevention New—National Center for Infectious goal. This survey will also provide data Diseases (NCID), Centers for Disease on facility-based hepatitis B vaccination [30DAY–21–02] Control and Prevention (CDC). Since policies and procedures that may affect 1982, CDC has recommended hepatitis Agency Forms Undergoing Paperwork vaccine coverage levels. The results of Reduction Act Review B vaccination of health-care workers the project will assist the Division of who perform tasks that place them at Viral Hepatitis, National Center for The Centers for Disease Control and risk for exposure to blood or other Infectious Diseases, in the prevention Prevention (CDC) publishes a list of potentially infectious materials that may and control of hepatitis B among health- information collection requests under contain hepatitis B virus. Data from care workers. There are no costs to review by the Office of Management and 1997 indicated that approximately 65% respondents. The total annualized Budget (OMB) in compliance with the of U.S. health-care workers had received Paperwork Reduction Act (44 U.S.C. the hepatitis B vaccine. estimated burden is 2,656 hours.
Average bur- Number of Number of den per re- Form name respondents responses per sponse respondent (in hours)
Facility survey form ...... 425 1 30/60 Medical record abstraction form ...... 425 25 15/60
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Dated: April 10, 2002. information collection requests under with specific health-related conditions Nancy E. Cheal, review by the Office of Management and are ineligible to receive visas and Acting Deputy Director for Policy, Planning Budget (OMB) in compliance with the ineligible for admission into the United and Evaluation, Centers for Disease Control Paperwork Reduction Act (44 U.S.C. States. The Attorney General may waive and Prevention. Chapter 35). To request a copy of these application of this inadmissibility on [FR Doc. 02–9381 Filed 4–17–02; 8:45 am] requests, call the CDC Reports Clearance health-related grounds if an application BILLING CODE 4163–18–P Officer at (404) 498–1210. Send written for waiver is filed and approved by the comments to CDC, Desk Officer, Human consular office considering the Resources and Housing Branch, New application for a visa. The Division of DEPARTMENT OF HEALTH AND Executive Office Building, Room 10235, Migration and Quarantine, NCID uses HUMAN SERVICES Washington, DC 20503. Written this application primarily to collect comments should be received within 30 information to establish and maintain Centers for Disease Control and days of this notice. Prevention Proposed Project: Statement in records of waiver applicants in order to Support of Application For Waiver of notify the Immigration and [30DAY–22–02] Inadmissibility OMB No. 0920–0006— Naturalization Service when terms, conditions and controls imposed by Agency Forms Undergoing Paperwork Extension—National Center for waiver are not met. NCID is requesting Reduction Act Review Infectious Diseases (NCID), Centers for Disease Control and Prevention (CDC). the extension of this data for 3 years. The Centers for Disease Control and Section 212(a)(1) of the Immigration There total estimated annualize burden Prevention (CDC) publishes a list of and Nationality Act states that aliens is 167 hours.
Number of Avg. burden/ Respondents or each section Number re- responses/ response spondents respondents (in hours)
Physicians Form CDC 4.422–1 ...... 200 1 10/60 Physicians Form CDC 4.422–1a ...... 200 1 20/60 Physicians Form CDC 4.422.1b ...... 200 1 20/60
Dated: April 10, 2002. Comments are invited on: (a) Whether in the U.S. The questionnaire will cover Nancy E. Cheal, the proposed collection of information chronic health conditions, functional Acting Deputy Director for Policy, Planning is necessary for the proper performance status and limitations, smoking, height and Evaluation, Centers for Disease Control of the functions of the agency, including and weight, cancer screening, access to and Prevention. whether the information shall have health care, and demographics. The [FR Doc. 02–9382 Filed 4–17–02; 8:45 am] practical utility; (b) the accuracy of the project will be jointly funded with each BILLING CODE 4163–18–P agency’s estimate of the burden of the agency covering the costs of data proposed collection of information; (c) collection of their own sample and the ways to enhance the quality, utility, and sharing of all other costs. DEPARTMENT OF HEALTH AND clarity of the information to be The purpose of the survey is to move HUMAN SERVICES collected; and (d) ways to minimize the the national health surveys of both burden of the collection of information countries toward closer comparability Centers for Disease Control and on respondents, including through the so the health status among residents of Prevention use of automated collection techniques countries can be compared in a more or other forms of information concrete manner. This will allow [60Day–02–41] technology. Send comments to Anne researchers to study the effect of O’Connor, CDC Assistant Reports variations in health systems on health Proposed Data Collections Submitted Clearance Officer, 1600 Clifton Road, care, health status and functional status. for Public Comment and MS–D24, Atlanta, GA 30333. Written This effort can also serve as a model for Recommendations comments should be received within 60 improving comparability among days of this notice. national health studies generally. In compliance with the requirement A need for such comparability has Proposed Project of Section 3506(c)(2)(A) of the been noted by the World Health Paperwork Reduction Act of 1995 for The Canada/U.S. Joint Health Survey Organization, the Centers for Disease opportunity for public comment on (CUJHS)—New—National Center for Control and Prevention and the Robert proposed data collection projects, the Health Statistics (NCHS), Centers for Wood Johnson Foundation who is Centers for Disease Control and Disease Control and Prevention (CDC). funding the study in part. Prevention (CDC) will publish periodic CUJHS is a one-time collaborative effort The specific data from the CUJHS may summaries of proposed projects. To of Statistics Canada and the U.S. well contribute toward meeting some of request more information on the National Center for Health Statistics to the research needs directly. Its longer proposed projects or to obtain a copy of conduct a telephone survey in both term impact will be to demonstrate best the data collection plans and countries using the same questionnaire. practices for use in bi-national and instruments, call the CDC Reports Approximately 3,000 adults will be multi-national health surveys. There are Clearance Officer on (404) 639–7090. interviewed in Canada and 5,000 adults no costs to respondents.
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Total response Number of re- Number of Avg. burden/ burden Respondents spondents responses/ response Burden respondent (in hours) (in hours)
United States ...... 5000 1 20/60 1667
Total ...... 1667
Dated: April 10, 2002. agency’s estimate of the burden of the not be enough specialists to perform all Nancy E. Cheal, proposed collection of information; (c) recommended screening flexible Acting Associate Director for Policy, Planning ways to enhance the quality, utility, and sigmoidoscopies and colonoscopies, as and Evaluation, Centers for Disease Control clarity of the information to be well as follow-up colonoscopies. In the and Prevention. collected; and (d) ways to minimize the face of efforts by CDC and other public [FR Doc. 02–9383 Filed 4–17–02; 8:45 am] burden of the collection of information health agencies to promote CRC BILLING CODE 4163–18–P on respondents, including through the screening, it is necessary to determine use of automated collection techniques that supply will be sufficient to meet the or other forms of information increased demand for these procedures. DEPARTMENT OF HEALTH AND technology. Send comments to Anne Primary care physicians could fill the HUMAN SERVICES O’Connor, CDC Assistant Reports gap if reimbursement levels are Clearance Officer, 1600 Clifton Road, adequate to cover the costs of these Centers for Disease Control and MS–D24, Atlanta, GA 30333. Written procedures in office-based settings. Prevention comments should be received within 60 However, currently there is little [60Day–02–42] days of this notice. information available about the actual Proposed Project: Estimating the cost cost of providing these procedures in Proposed Data Collections Submitted of sigmoidoscopy and colonoscopy for different medical practice settings. The for Public Comment and colorectal cancer screening in U.S. purpose of this request is to obtain OMB Recommendations healthcare facilities: Are current clearance to conduct a survey of a In compliance with the requirement reimbursement levels adequate?— nationally representative sample of of Section 3506(c)(2)(A) of the NEW—National Center for Chronic medical practices providing these Paperwork Reduction Act of 1995 for Disease Prevention and Health procedures in order to estimate the fixed opportunity for public comment on Promotion (NCCDPHP), Centers for and variable costs of sigmoidoscopy and proposed data collection projects, the Disease Control and Prevention (CDC). colonoscopy for colorectal cancer Centers for Disease Control and Despite strong scientific evidence that screening and follow-up services. Prevention (CDC) will publish periodic screening for colorectal cancer (CRC) The estimated procedure costs will be summaries of proposed projects. To reduces the incidence and mortality compared across settings and provider request more information on the from this disease, current screening types to assess economies of scale and proposed projects or to obtain a copy of rates in the United States remain low. scope. Estimated average costs will be the data collection plans and While lack of awareness about screening compared with Medicare and other instruments, call the CDC Reports recommendation may explain the low reimbursement levels for these Clearance Officer on (404) 639–7090. demand for regular screening among procedures to assess the financial Comments are invited on: (a) Whether average risk individuals, recent findings incentives to providers to perform these the proposed collection of information emphasize the supply side barriers to procedures in an office-based setting. is necessary for the proper performance CRC screening. For example, given the Results of this study will be used to of the functions of the agency, including size of the U.S. population greater than better define the economics of colorectal whether the information shall have 50 years of age and the number of cancer screening. There are no costs to practical utility; (b) the accuracy of the practicing gastroenterologists, there may respondents except for their time.
Average Number of Number of burden/ re- Total burden Form type respondents responses/ sponse (in hours) respondent (in hours)
Telephone survey ...... 3000 1 5/60 250 Mailed survey ...... 2500 1 35/60 1458
Total ...... 1708
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Dated: April 10, 2002. Name: National Task Force on Fetal DEPARTMENT OF HEALTH AND Nancy E. Cheal, Alcohol Syndrome and Fetal Alcohol Effect HUMAN SERVICES Acting Associate Director for Policy, Planning (NTFFASFAE). and Evaluation, Centers for Disease Control Times and Dates: 8:30 a.m.–4:30 p.m., May Office of Inspector General and Prevention. 16, 2002. 8:30 a.m.–3 p.m., May 17, 2002. [FR Doc. 02–9384 Filed 4–17–02; 8:45 am] Place: Doubletree Hotel Atlanta Buckhead, Program Exclusions: October 2001 3340 Peachtree Road, NE, Atlanta, Georgia BILLING CODE 4163–18–P 30326, telephone 404/231–1234, fax 404/ AGENCY: Office of Inspector General, 231–5236. HHS. DEPARTMENT OF HEALTH AND Status: Open to the public, limited only by ACTION: Notice of program exclusions. HUMAN SERVICES the space available. The meeting room accommodates approximately 65 people. During the month of October 2001, Centers for Disease Control and Purpose: The Secretary is authorized by the the HHS Office of Inspector General Prevention Public Health Service Act, Section 399G, (42 imposed exclusions in the cases set U.S.C. Section 280f, as added by Public Law forth below. When an exclusion is CDC Advisory Committee on HIV and 105–392) to establish a National Task Force imposed, no program payment is made STD Prevention: Notice of Charter on Fetal Alcohol Syndrome and Fetal to anyone for any items or services Renewal Alcohol Effect to: (1) foster coordination (other than an emergency item or among all governmental agencies, academic service not provided in a hospital This gives notice under the Federal bodies and community groups that conduct emergency room) furnished, ordered or Advisory Committee Act (Public Law or support Fetal Alcohol Syndrome (FAS) prescribed by an excluded party under 92–463) of October 6, 1972, that the and Fetal Alcohol Effect (FAE) research, the Medicare, Medicaid, and all Federal CDC Advisory Committee on HIV and programs and surveillance; and (2) to Health Care programs. In addition, no STD Prevention of the Department of otherwise meet the general needs of program payment is made to any Health and Human Services, has been populations actually or potentially impacted business or facility, e.g., a hospital, that renewed for a 2-year period extending by FAS and FAE. submits bills for payment for items or through May 11, 2004. Matters To Be Discussed: Discussions will services provided by an excluded party. focus on ways the Task Force can collaborate For further information, contact Ron Program beneficiaries remain free to with CDC on issues of diagnosis of FAS/FAE Valdiserri, M.D., Executive Secretary, decide for themselves whether they will and to better equip health care providers to CDC Advisory Committee on HIV and continue to use the services of an recognize the disorder; the special needs of excluded party even though no program STD Prevention, 1600 Clifton Road, NE, birth mothers of children with FAS/FAE; a payments will be made for items and m/s E–07, Atlanta, Georgia 30333. discussion of the Substance Abuse and services provided by that excluded Telephone 404/639–8002, or fax 404/ Mental Health Services Administration FAS/ party. The exclusions have national 639–3125. FAE Center for Excellence on their initial effect and also apply to all Executive The Director, Management Analysis ‘‘stakeholders’’ meetings and the interaction Branch procurement and non- and Services Office, has been delegated with the Task Force; an update on progress procurement programs and activities. the authority to sign Federal Register with the ICCFAS; new research items presented by the CDC; and a discussion of notices pertaining to announcements of Effective meetings and other committee the implementation of the Task Force Subject, city, state date management activities, for both the recommendations by various governmental Centers for Disease Control and agencies. Additional agenda items include: PROGRAM-RELATED CONVICTIONS Prevention and the Agency for Toxic Working group updates; discussion of future Substances and Disease Registry. topics, and scheduling the next meeting. ALFARO, ODALYS ...... 04/18/2002 Agenda items are subject to change as MIAMI, FL Dated: April 12, 2002. priorities dictate. ANDERSON, MAY BERTHA .... 04/18/2002 Alvin Hall, Contact Person for More Information: R. ELLSWORTH, KS ANDRADA, MARIA CARMELA 04/18/2002 Acting Director, Management Analysis and Louise Floyd, DSN, RN, Designated Federal HAWTHORNE, CA Services Office, Centers for Disease Control Official, National Center on Birth Defects and and Prevention. ASATRIAN, VARTOUHI ...... 04/18/2002 Developmental Disabilities, CDC, 4700 LAS VEGAS, NV [FR Doc. 02–9466 Filed 4–17–02; 8:45 am] Buford Highway, NE, (F–49), Atlanta, Georgia BAHARIAN, KHACHATUR ...... 04/18/2002 BILLING CODE 4163–18–P 30333, telephone 770/488–7372, fax 770/ N HOLLYWOOD, CA 488–7361. BELLINGHAM ELDER NET- The Director, Management Analysis and WORK, INC ...... 04/18/2002 DEPARTMENT OF HEALTH AND Services Office, has been delegated the BELLINGHAM, MA HUMAN SERVICES authority to sign Federal Register notices BORIS, KAREN R ...... 04/18/2002 pertaining to announcements of meetings and POTTSVILLE, PA Centers for Disease Control and other committee management activities for BRAUD, LYNETTE ...... 04/18/2002 NEW ORLEANS, LA Prevention both the Centers for Disease Control and BROWN, LAVERNE Prevention and the Agency for Toxic National Task Force on Fetal Alcohol MAYFIELD ...... 06/12/2001 Substances and Disease Registry. Syndrome and Fetal Alcohol Effect: HOUSTON, TX Meeting Dated: April 9, 2002. CARMONA, ALICE YOLANDA 04/18/2002 FORT PIERCE, FL Alvin Hall, CARTER, GERALD WARREN 04/18/2002 In accordance with section 10(a)(2) of Acting Director, Management Analysis and LAKEWOOD, WA the Federal Advisory Committee Act Services Office, Centers for Disease Control CHENTNIK, RICHARD M ...... 04/18/2002 (Pub. L. 92–463), the Centers for Disease and Prevention. TERRE HAUTE, IN Control and Prevention (CDC) [FR Doc. 02–9386 Filed 4–17–02; 8:45 am] CHILDERS, ROGER L ...... 04/18/2002 URBANA, OH announces the following Federal BILLING CODE 4163–18–P advisory committee meeting. CLARK, KENNETH H ...... 04/18/2002
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LEWIS RUN, PA MARIANNA, FL GRANADA HILLS, CA DORRANCE, FRANKIE LYNN 04/18/2002 POWERS, GEORGE ...... 04/18/2002 IOWA CITY, IA WEST HILLS, CA FELONY CONVICTION FOR HEALTH CARE FECTEAU, LUCILLE ...... 04/18/2002 QUEENAN, WILLIAM D JR ...... 04/18/2002 FRAUD GREENSBORO BEND, VT HOUSTON, TX FREEMAN, WHITNEY BROD- RAMOS, BERNADITO BARBER, LYNN M ...... 04/18/2002 ERICK ...... 04/18/2002 CANEJA ...... 04/18/2002 MINERSVILLE, PA KANSAS CITY, MO LOS ANGELES, CA BELTRAN, MARIA ...... 04/18/2002 GALLANT, NORMAN J ...... 04/18/2002 RAZIQ, RAFIK R ...... 04/18/2002 HUNTINGTON STATION, AYER, MA NEWARK, NJ NY GARAFOLA, BARBARA ...... 04/18/2002 RESARI, LOLITA QUINTAL ..... 04/18/2002 CARUSO, RONALD J ...... 04/18/2002 CORAL SPRINGS, FL N HOLLYWOOD, CA BEMUS POINT, NY CUCCIA, RICHARD A ...... 04/18/2002 GARAY, MARIA LUISA ...... 04/18/2002 REYES, NESTOR C ...... 04/18/2002 METAIRIE, LA SAN DIEGO, CA INDIANAPOLIS, IN DINO, JERICO ...... 04/18/2002 GITKIN, SAMUEL ...... 04/18/2002 RICHARDSON, LANNY TAFT, CA FORT LEE, NJ CHARLES ...... 4/18/2002 GODBOUT, JOYCE M ...... 04/18/2002 EGAN, THOMAS M ...... 04/18/2002 COLUMBIA, TN BOSTON, MA BELLINGHAM, MA ROBISON, RICK SAMUEL ...... 4/18/2002 GREENBERG, SAMUEL E ...... 04/18/2002 GREENFIELD, JEFFREY B ..... 04/18/2002 SANDY, UT BERWICK, ME METAIRIE, LA ROSENBERG, DAVID ...... 4/18/2002 GUAGLIARDO, FRANK WIL- KU, AUBREY ...... 04/18/2002 ATLANTIC BEACH, NY AYER, MA LIAM ...... 04/18/2002 RUTHERFORD, RICHARD A .. 4/18/2002 STATEN ISLAND, NY LAUERSEN, NIELS ...... 04/18/2002 LAFOLLETTE, TN HALMOR TRADING CORP ..... 04/18/2002 BROOKLYN, NY SANTINI, FRANCISCO ...... 4/18/2002 BROOKLYN, NY MAIORANO, JOHN ...... 04/18/2002 MIAMI, FL HARRINGTON, RAQUEL ...... 04/18/2002 ISLAND HEIGHTS, NJ SCHNEIDER, JEROME ...... 4/18/2002 MARIANNA, FL MARTINEZ, REBECCA ...... 04/18/2002 MIAMI LAKES, FL HASWELL, KARLA F ...... 04/18/2002 LOS ANGELES, CA SHOALS, IN SCHULTZ, ALAN EDWIN ...... 4/18/2002 MCCOY, ROBIN DAWN ...... 04/18/2002 HASWELL, EVERSLEY AGOURA, CA ABERDEEN, SD MCDONALD ...... 04/18/2002 SCOTT, MINDY ...... 4/18/2002 NEEDLES, FRANCINE DIANE 04/18/2002 MONTCLAIR, NJ DANBURY, CT CERRITOS, CA ROQUE, ISMAEL ...... 04/18/2002 HEALTHTEK ...... 04/18/2002 SEMERDJIAN, SARKIS ...... 4/18/2002 MIAMI, FL VANCOUVER, WA GLENDALE, CA ROZENBERG, ARKADY ...... 04/18/2002 HOCKLESS, WAYNE JOSEPH 04/18/2002 SHACKMAN, STEPHEN J ...... 4/18/2002 LOS ANGELES, CA ALEXANDRIA, LA VICTORVILLE, CA RYAN, BRANDY L ...... 04/18/2002 HOWARD, KEITH W ...... 04/18/2002 SIERRA, MYRNA LUZ VIGO ... 4/18/2002 PUEBLO, CO PETERSBURG, VA BELMONT, MAYAGUEZ, PR SHARP, CYNTHIA MAE ...... 04/18/2002 JAMES, LARRY THAXTER ...... 01/09/2002 SMITH, ANDREA LYNN ...... 4/18/2002 CARSON, CA CHESTERFIELD, MO SHREVEPORT, LA SWEARINGEN, DANIEL M ...... 4/18/2002 JAMORA, TIRSO DAVID JR .... 04/18/2002 FELONY CONTROL SUBSTANCE READ FEATHER LAKE, CO PLACENTIA, CA CONVICTION JONES, GREGORY DAVID ..... 04/18/2002 TAHERI, SEYED ALI ASFGAR 4/18/2002 EL RENO, OK CARLSBAD, CA CONNORS, CHARLES F ...... 04/18/2002 JONES, LORA LEE ...... 04/18/2002 TAHERI, MAHSHID ALAMI- SCRANTON, PA MADILL, OK RAD ...... 4/18/2002 CURTIS, KESY JADE ...... 04/18/2002 KADEMYAN, AVETIS ...... 04/18/2002 OCEANSIDE, CA GRAND JUNCTION, CO LONG BEACH, CA TATEVOSYAN, ARSEN ...... 4/18/2002 DICKELMAN, JOHN ...... 04/18/2002 KAPUTIKYAN, LEVON ...... 04/18/2002 N LAS VEGAS, NV SAINT JOHN, IN TAFT, CA TOROSYAN, JIRAIR ...... 4/18/2002 HANSEN, LORI E ...... 04/18/2002 LAUKHUFF, RANDY LEWIS III 04/18/2002 LOS ANGELES, CA OKLAHOMA CITY, OK ALEXANDRIA, LA URIBE, JULIAN ...... 4/18/2002 JOHNSON, KIMBERLI S ...... 04/18/2002 MAGIET, HENRY ...... 04/18/2002 MIAMI, FL LOGAN, UT WHITE PLAINS, NY VALERO, DIEGO ...... 4/18/2002 KNIGHT, CECIL DEWAYNE .... 04/18/2002 MARGARIAN, ANAHIT ...... 04/18/2002 HIALEAH, FL CLEVELAND, TN DUBLIN, CA VARIDIN, EFSTATHIOS MARK 4/18/2002 LAWTON, TAMMY ...... 04/18/2002 MCCREADY, ROBERT OLI- SEMINOLE, FL PEARL, MS VER ...... 04/18/2002 VEITH, DEBORAH ...... 4/18/2002 MARKEY, MARY B ...... 04/18/2002 MORENO VALLEY, CA METAIRIE, LA AMA, LA MCLARNON, MICHAEL C ...... 04/18/2002 W D LEE CTR FOR LIFE MELLEN, JOY RAE ...... 04/18/2002 MIAMI, FL MGMT, INC ...... 4/18/2002 BOISE, ID MILAN, JOSE ANTONIO DETROIT, MI ORDOQUI, MODESTO VA- OLIVARI ...... 04/18/2002 WAHBA, ATIF NAGUIB ...... 4/18/2002 LENT ...... 04/18/2002 YAUCO, PR SPENCERPORT, NY JACKSONVILLE, FL MORENO, MAURICIO JAVIER 04/18/2002 WAISMAN, RAMI ...... 4/18/2002 QUATTRONE, JOSEPH D ...... 04/18/2002 SAN DIEGO, CA BROOKLYN, NY RIDGWAY, PA MOSLEY, CHRISTINA ...... 04/18/2002 WILLIAMS-BATCHELDER, RATLIFF, JASON LYNN ...... 04/18/2002 ALBANY, NY VERONICA ...... 4/18/2002 FORTVILLE, IN NYQUIST, JULIE ANDREA ...... 04/18/2002 TACOMA, WA SHEFFIELD, GARY WAYNE ... 04/18/2002 ST PAUL, MN YARBOROUGH, KIMBERLY PINEVILLE, LA OLIVEIRA, ELIZABETH M ...... 04/18/2002 DAWN SCAL ...... 4/18/2002 WILKEY, CORD MAURICE ...... 04/18/2002 SLIDELL, LA MANDEVILLE, LA OKLAHOMA CITY, OK PEREZ, LINA ...... 04/18/2002 ZEVALLOS, CARLOS A ...... 4/18/2002 YONGUE, NICOLE M ...... 04/18/2002
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WARNER ROBINS, GA BRANDON, IA TRUMBULL, CT GRUBBS, DONNIE W ...... 04/18/2002 PATIENT ABUSE/NEGLECT CONVICTIONS LICENSE REVOCATION/SUSPENSION/ BUCKEYE, AZ SURRENDERED HALSTED, AMY C ...... 04/18/2002 BURGERS, SHARLEAN ...... 04/18/2002 CHICAGO, IL SALT LAKE CITY, UT ANDRUS-HUNTZINGER, HAMER, ROBERT LAW- CARLIN, BRANDY ...... 04/18/2002 LADONNE ...... 04/18/2002 RENCE ...... 04/18/2002 SINKING SPRING, PA W JORDAN, UT OAKDALE, CA ANTON, REMA RAMZI ...... 04/18/2002 HANSON, DARLENE DOLO- CASTILLO-INZUNZA, MIGUEL PHOENIX, MD RES ...... 04/18/2002 RAMON ...... 04/18/2002 BAILEY, VIOLET L ...... 04/18/2002 THIEF RIVER FALLS, MN ESCONDIDO, CA PULLMAN, WA HEMPLING, WILLIAM CUDNEY, TIMOTHY GLENN ... 04/18/2002 BANASHLEY, WAYNELLE HERNICK ...... 04/18/2002 OWOSSO, MI DUENAS ...... 04/18/2002 METAIRIE, LA DAVID, VICTOR MATTHEW .... 04/18/2002 PHOENIX, AZ HENDRICKSON, KENT ...... 04/18/2002 WALLA WALLA, WA BARBIN, PATRICK ...... 04/18/2002 BULLHEAD CITY, AZ FINCH, TRAMISE JENISE ...... 04/18/2002 MARKSVILLE, LA HILL, ANTOINETTE M ...... 04/18/2002 LONG BEACH, CA BASTIANON, PAMALA ANN ... 04/18/2002 CHICAGO, IL HAMMONDS, CATHERINE ..... 04/18/2002 APPLE VALLEY, CA HOLM, JUDITH ANN ...... 04/18/2002 BEARD, BRANDON S ...... 04/18/2002 MODESTO, CA OAKDALE, MN EUDORA, AR HOOVER, BELINDA D ...... 04/18/2002 HEFFERNON, WANDA JUNE 04/18/2002 BERGO, AMY EVELYN ...... 04/18/2002 CHICAGO, IL RICHMOND, CA PHOENIX, AZ HOUSE, NICOLE L ...... 04/18/2002 JEFFERSON, HALEY Y ...... 04/18/2002 BERNSTINE, RUTHA ...... 04/18/2002 BENTON, IL HARTSVILLE, SC NATCHITOCHES, LA HOUSTON, NANCY J ...... 04/18/2002 KNIGHT, WENDELL COLE ...... 04/18/2002 BOURG, MELANIE ...... 04/18/2002 CHARITON, IA MEMPHIS, TN HOUMA, LA HUMMEL, KATHLEEN M ...... 04/18/2002 KUNTZ, FRANKLIN LEO ...... 04/18/2002 BRANDT, LORI ...... 04/18/2002 WAVERLY, IA PORTLAND, OR TWIN FALLS, ID HUNTER, SUSAN D ...... 04/18/2002 LEMON, ROCKY R ...... 04/18/2002 BROWN, LATEASE NAPLES, IL LAURETTE ...... 04/18/2002 CRANE, TX JACOBS, CHRISTINE ...... 04/18/2002 PHOENIX, AZ SHADOW HILLS, CA MCCRACKEN, SCOTT D ...... 04/18/2002 BROWN, CHARLES S ...... 04/18/2002 JOHNSON, ROBERTA ...... 04/18/2002 CHILLICOTHE, MO TUCSON, AZ E ST LOUIS, IL NYAGAH, JOHN ...... 04/18/2002 BURKE, LEONARD P ...... 04/18/2002 JOHNSON MCGINNIS, DEBO- NEW CASTLE, DE ARVADA, CO RAH ANN ...... 04/18/2002 PAIGE, ADRIENNE S ...... 04/18/2002 CARROLL, MARILYN M ...... 04/18/2002 TWIN FALLS, ID YOUNGSTOWN, OH BENTON, IL JONES, RHONDA RENEE ...... 04/18/2002 PAUL, PATRICIA PERRY ...... 04/18/2002 CARSON, MELISSA J ...... 04/18/2002 WICHITA FALLS, TX FALLON, NV ELGIN, IL KELLY, TERRANCE E ...... 04/18/2002 RICCI, DAJON J ...... 04/18/2002 CATCHINGS, NONA MAR- GLENWOOD SPRINGS, CO ALBUQUERQUE, NM LENE ...... 04/18/2002 KOREM, RICHARD ALLEN ..... 04/18/2002 PHOENIX, AZ WESTVILLE, IN ROWE, RUTH S ...... 04/18/2002 CHAVEZ, ANA M ...... 04/18/2002 LAYNE, SHANNON K ...... 04/18/2002 GLOUCESTER, MA CHICAGO, IL PELHAM, TN SANCHEZ, FRANCISCA ...... 04/18/2002 CHENOWETH, PENNY L ...... 04/18/2002 LAZO, KEVIN ...... 04/18/2002 DENVER, CO MACOMB, IL BATON ROUGE, LA SMITH, MARY REGINA ...... 04/18/2002 COLEMAN, PAULETTE C ...... 04/18/2002 LI, CHEUK BOR ...... 04/18/2002 BATESVILLE, MS CHICAGO, IL FREMONT, CA STANDRIDGE, VEDA ...... 04/18/2002 COLLINS, LOIS A GREEN ...... 04/18/2002 LYERLA, DONALD RAY ...... 04/18/2002 CHECOTAH, OK WALLINS CREEK, KY PORTER, IN TAVORMINA, STEVEN T ...... 04/18/2002 COOK, JULIA L ...... 04/18/2002 LYMAN, RAYMOND R ...... 04/18/2002 QUEENSBURY, NY MURPHYSBORO, IL DRAPER, UT TOPPIN, BRENDA M WISE ..... 04/18/2002 COSS, DAVID A ...... 04/18/2002 MALSBY, LOLA BARRAGAN .. 04/18/2002 MILLSBORO, DE PHOENIX, AZ MORENO VALLEY, CA CRONBAUGH, CANDACE RO- MATERA, KANDY L ...... 04/18/2002 VAN OTTERLOO, KEVIN CHELLE ...... 04/18/2002 ELGIN, IL DUANE ...... 04/18/2002 PEORIA, AZ MATHEWS, KURIEN S ...... 04/18/2002 ANAHEIM, CA D’AMOUN, PAMELA I ...... 04/18/2002 CHICAGO, IL WHEELWRIGHT, DUSTIN B ... 04/18/2002 DECATUR, GA MAUCK, SHARON ...... 04/18/2002 PROVO, UT DIMALANTA, ANGELO S ...... 04/18/2002 ODESSA, TX CHICAGO, IL MCCOY, AFRICA NICOLE ...... 04/18/2002 CONVICTION FOR HEALTH CARE FRAUD ELLISON, RAEFORD ...... 04/18/2002 BUTLER, AL VENTNOR CITY, NJ MCDONALD, PEGGI B ...... 04/18/2002 BLOUNT, DIANNE L ...... 04/18/2002 FRAZER, TAMMIE A ...... 04/18/2002 DAYTONA BCH, FL COLUMBIA, SC WESTERLY, RI MCLAUGHLIN, ANDREW SPAIN, ANTHONY B ...... 04/19/2002 GARRETT, MARCIA MARIE .... 04/18/2002 PAUL JR ...... 04/18/2002 PLAINFIELD, NJ INDIANAPOLIS, IN PHOENIX, MD GAY, GREGG ...... 04/18/2002 MEARKLE, JANICE ...... 04/18/2002 CONTROLLED SUBSTANCE CONVICTIONS SANDY, UT SUMMITT, MS GILPATRICK, KAREN S ...... 04/18/2002 MERRITT, AMBER A ...... 04/18/2002 BRUNKO, KIMBERLY KAY ...... 04/18/2002 ROCK FALLS, IL ROCK ISLAND, IL GOLAS, THERESE P ...... 04/18/2002 MONTOYA, ROBERT JOHN ... 04/18/2002
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TEHACHAPI, CA SAN ANTONIO, TX INOLA, OK MOORE, LAURIE LEE ...... 04/18/2002 RODRIGUEZ, ROLANDO X ..... 08/16/2000 LEIBLIE-BRITTAIN, TONYA OMAHA, NE SAN ANTONIO, TX BETH ...... 04/18/2002 NAJJAR, SAMIR SHIBLY ...... 04/18/2002 INDEPENDENCE, MO YAZOO CITY, MS OWNED/CONTROLLED BY CONVICTED LOGUE, JENNI LYNFRED ...... 04/18/2002 NIKRAVESH, DAVID NEJAT ... 04/18/2002 ENTITIES LOS ANGELES, CA VAN NUYS, CA LOWMAN, JOHN R ...... 04/18/2002 ORTIZ, TINA MARIE ...... 04/18/2002 ALLIED MEDICAL CLINIC ...... 04/18/2002 DALLAS, TX PHOENIX, AZ HOMESTEAD, FL MINK, PAUL A ...... 04/18/2002 PACROPIS, GARY WILLIAM ... 04/18/2002 AUREX, INC ...... 04/18/2002 AMBLER, PA LANSING, MI JACKSONVILLE, FL MOTLEY, REBECCA K ...... 04/18/2002 PATTERSON, CHRISTINA A ... 04/18/2002 BODY SCAN TESTING CEN- PALESTINE, IL LATHRUP VILLAGE, MI TER ...... 04/18/2002 PEARL, RICHARD E ...... 04/18/2002 RODRIGUEZ, FRANKIE ...... 04/18/2002 ST GEORGE, UT BROOKLYN, NY KISSIMMEE, FL BOOKER CHIROPRACTIC ...... 04/18/2002 PEREZ, EDWIN ...... 04/18/2002 SHAW, MICHAEL W ...... 04/18/2002 BOOKER, TX JOHNSTON CITY, IL CHICAGO, IL COAST MEDICAL SUPPLY ..... 04/18/2002 PIERCE, KENNETH ALAN JR 04/18/2002 STARACE, WILLIAM J ...... 04/18/2002 CARSON CITY, NV LOS ANGELES, CA HIGHLAND DRUG CO ...... 04/18/2002 STOCKTON, CA PONCHO, PAUL L ...... 04/18/2002 THOMAS, JAMES C ...... 04/18/2002 PHOENIX, AZ JACKSONVILLE, FL WAUWATOSA, WI PRINCE, WAYNE LAGUORI ... 04/18/2002 HIGHLAND PARK MEDICAL OAKLAND PARK, FL SUPPLY ...... 04/18/2002 TYSON, RICKY D ...... 04/18/2002 PYLES, JOCELYN N ...... 04/18/2002 LOS ANGELES, CA OKLAHOMA CITY, OK THE WOODLANDS, TX PACOIMA MEDICAL SUPPLY 04/18/2002 VAN WINKLE, DAVID WAYNE 04/18/2002 RAI, PARMJIT KAUR ...... 04/18/2002 PACOIMA, CA MENA, AR VALLEYVIEW, OH SYNCHRONIZED MONTROSE WALDMAN, MARC M ...... 04/18/2002 SANGA, JODY T ...... 04/18/2002 CHIRO ...... 04/18/2002 MERRICK, NY EASTFORD, CT HOUSTON, TX WASHINGTON, DIANE L ...... 04/18/2002 SCHENTHAL, STEPHEN JO- S HOLLAND, IL SEPH ...... 04/18/2002 WINTERS, MARK I ...... 04/18/2002 DESTIN, FL DEFAULT ON HEAL LOAN CLEVELAND, OH SCHLAU, GAIL ...... 04/18/2002 WISE, HARRY MICHAEL ...... 04/18/2002 MARGATE, FL BARNES, STANLEY GEORGE 04/18/2002 LITTLETON, CO SCOTTI, STEPHEN DOUGLAS 04/18/2002 BULLHEAD CITY, AZ YANG, JINGMIAO ...... 04/18/2002 EDINA, MN BLAND, HENRY NELSON JR 04/18/2002 WYNNE WOOD, PA SHARPE, RICHARD J ...... 04/18/2002 MIAMI, FL WALPOLE, MA BLOOMER, ANDERSAN M ..... 03/19/2002 OWNERS OF EXCLUDED ENTITIES SMALLEY, MARK RUSSELL ... 04/18/2002 BALTIMORE, MD ODGEN, UT CAPEHART, TIMOTHY S ...... 04/18/2002 PARKER, ROBERTA ...... 04/18/2002 SNYDER, STEVEN P ...... 04/18/2002 LOUISVILLE, KY LA RUSSELL, MO MINNEAPOLIS, MN STEEN, PATRICIA A ...... 04/18/2002 COOK, ROBERT DENNIS ...... 03/19/2002 TENNILLE, GA WYANTSKILL, NY Dated: April 3, 2002. STOREY, GEORGE ...... 04/18/2002 DIPIETRO, MICHAEL V ...... 04/18/2002 WICHITA FALLS, TX SEAFORD, NY Calvin Anderson, Jr., TAYLOR, BARBARA J ...... 04/18/2002 DUPUIS, KENNETH J ...... 04/18/2002 Director, Health Care Administrative ARVADA, CO ORONO, ME Sanctions, Office of Inspector General. TESTERMAN, JEANNE DURANT, BILL ...... 04/18/2002 [FR Doc. 02–9486 Filed 4–17–02; 8:45 am] ENCINO, CA TOWERY ...... 04/18/2002 BILLING CODE 4150–04–P NEWTON, NC FERNANDEZ-LORIO, ANA- TROESTER, DENNIS ...... 04/18/2002 MARIA ...... 04/18/2002 BAY CITY, MI COLUMBIA, MO VOIGT, DIONE WAYNE ...... 04/18/2002 GHALBI, ABDOLLNASER ...... 04/18/2002 DEPARTMENT OF HEALTH AND TUCSON, AZ ANAHEIM, CA HUMAN SERVICES WEERASINGHE, SHERRY GORBAHN, MARK KENNETH 04/18/2002 LYNN ...... 04/18/2002 ATASCADERO, CA National Institutes of Health EDMOND, OK HOBSON, DONALD A ...... 04/18/2002 WEITZMAN, DAVID DOAH ...... 04/18/2002 INGLEWOOD, CA Submission for OMB Review; ROCHESTER, IN HOPENSTAND, BOAZ JACOB 04/18/2002 Comment Request; The National WELLS, ROBERT NELSON .... 04/18/2002 BEVERLY HILLS, CA Cancer Institute Cancer Information FRESNO, CA HOULE, CHERYL T ...... 04/18/2002 Service Comprehensive Evaluation WEST, TRINA SUE ...... 04/18/2002 WINDHAM, ME ARDMORE, OK Plan IBRAHIM, NAHLA ...... 04/18/2002 WILLIAMS, MICHAEL T ...... 04/18/2002 TAMPA, FL ALHAMBRA, CA SUMMARY: Under the provisions of WINKLHOFER, BONNIE JO .... 04/18/2002 JACKSON, ROBYN ANNE ...... 04/18/2002 section 3507(a)(1)(D) of the Paperwork SAN BERNARDINO, CA CALUMET CITY, IL Reduction Act of 1995, the National JANKORD, DEAN F ...... 01/16/2002 WINNETT, JAMIE SUE ...... 04/18/2002 Cancer Institute (NCI) of the National SULPHUR SPRINGS, TX BURNSVILLE, MN JUSTICE, GLENN RAY ...... 04/18/2002 Institutes of Health (NIH) has submitted FRAUD/KICKBACKS LAS VEGAS, NV to the Office of Management and Budget LANDOU, LISSA S ...... 04/18/2002 (OMB) a request for review and GONZALEZ-SANCHEZ, ELM WOOD PARK, NJ approval of the information collection EDULFO ...... 08/09/2000 LASTER, STEVEN SCOTT ...... 04/18/2002 listed below. This proposed information
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collection was previously published in Information Service Branch to conduct selected partners. The National User the Federal Register on October 18, an independent, scientifically designed Survey and the National Partner Survey 2001, pages 52925–52926 and allowed and implemented evaluation of the will be conducted using telephone 60 days for public comment. No public Cancer Information Service (CIS), an interviews. The Case Study Audience comments were received. The purpose NCI program that serves as a national Survey will be conducted using a survey of this notice is to allow an additional resource for information and education mode that is most appropriate for the 30 days for public comment. The about cancer. The study will assess the targeted audiences (i.e., telephone, self- National Institutes of Health may not extent to which the program has been administered, or in person). The conduct or sponsor, the respondent is implemented and the impact and findings will form the basis of annual not required to respond to, an outcomes of the program in affecting the reports on evaluation findings. These information collection that has been public and CIS partners. Partners are reports will provide assistance in extended, revised, or implemented on or national, state, and regional improving the programs, products, and after October 1, 1995, unless it displays organizations that collaborate with CIS. services of CIS. Frequency of Response: a currently valid OMB control number. For this study, three separate data One time only with the exception of the collection efforts will be conducted: (1) Case Study Audience Survey, which Proposed Collection The National User Survey, a survey of includes a pre- and postsurvey. Affected Title: The National Cancer Institute a sample of CIS Information Service Public: Organizations and not-for-profit Cancer Information Service users; (2) the National Partner Survey, a institutions; state, local, or tribal Comprehensive Evaluation Plan. Type survey of a sample of CIS Networking, government; individuals and of Information Collection Request: New. Education Program, Program households. Type of Respondents: Need and Use of Information Collection: Development, and Research partners; Adults using CIS services and CIS The NCI Office of Communications has and (3) the Case Study Audience partners. The annual reporting burden is dedicated resources to the Cancer Survey, a survey of audiences served by as follows:
TABLE 1.—RESPONDENT AND BURDEN ESTIMATE
Estimated Estimated an- number of Average bur- Estimated Type of respondent nual number responses of Total annual den hours annualized of respondents per respond- responses per response burden ent
National User Survey
Screener respondents ...... 983 1 983 0.08 79 CIS users ...... 833 1 833 0.42 350
National Partner Survey
CIS partners ...... 333 1 333 0.75 250
Case Study Audience Survey
Case study audience ...... 133 2 266 0.25 67
Total ...... 2,282 2,415 746
The annualized cost to respondents is collection of information on those who Project Office for Evaluation, Cancer estimated at $7,554.00. There are no are to respond, including the use of Information Service Branch, National capital costs to report. There are no appropriate automated, electronic, Cancer Institute, 6116 Executive operating or maintenance costs to mechanical, or other technological Boulevard, MSC 8322, Bethesda, report. collection techniques or other forms of Maryland 20892–8322; by telephone at information technology. (301) 594–8025; by fax at (301) 402– Request for Comments 0555. Direct Comments To OMB Written comments and/or suggestions Comments Due Date from the public and affected agencies Written comments and/or suggestions are invited on one or more of the regarding the items(s) contained in this Comments regarding this information following points: (1) Whether the notice, especially regarding the collection are best assured of having proposed collection of information is estimated public burden and associated their full effect if received within 30 necessary for the proper performance of response time, should be directed to the days of the date of this publication. the function of the agency, including Office of Management and Budget, Dated: April 11, 2002. whether the information will have Office of Regulatory Affairs, New practical utility; (2) the accuracy of the Executive Office Building, Room 10235, Reesa Nichols, agency’s estimate of the burden of the Washington, DC 20503, Attention: Desk OMB Clearance Liaison. proposed collection of information, Officer for NIH. To request more [FR Doc. 02–9453 Filed 4–17–02; 8:45 am] including the validity of the information on the proposed project or BILLING CODE 4140–01–M methodology and assumptions used; (3) to obtain a copy of the data collection ways to minimize the burden of the plans, contact Madeline La Porta,
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DEPARTMENT OF HEALTH AND the organization represented, should be Dated: April 9, 2002. HUMAN SERVICES received no later than 5 p.m. on May 17, LaVerne Y. Stringfield, 2002. Only one representative of an Director, Office of Federal Advisory organization may present oral comments. National Institutes of Health Committee Policy. Any person attending the meeting who does [FR Doc. 02–9425 Filed 4–17–02; 8:45 am] National Center for Complementary & not request an opportunity to speak in advance of the meeting may be considered BILLING CODE 4140–01–M Alternative Medicine; Notice of Meeting for oral presentation, if time permits, and at Pursuant to section 10(d) of the the discretion of the Chairperson. In Federal Advisory Committee Act, as addition, written comments may be DEPARTMENT OF HEALTH AND submitted to Dr. Jane Kinsel at the address HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice listed above up to ten calendar days (June 7, is hereby given of the National Advisory 2002) following the meeting. National Institutes of Health Council for Complementary and Copies of the meeting agenda and the Alternative Medicine (NACCAM). roster of members will be furnished upon National Center for Research request by Dr. Jane Kinsel, Executive The meeting will be open to the Resources; Notice of Meetings public as indicated below, with Secretary, NACCAM, National Institutes of attendance limited to space available. Health, 6707 Democracy Boulevard, Suite Pursuant to section 10(d) of the 401, Bethesda, Maryland 20892, 301–402– Individuals who plan to attend and 7269, Fax 301–480–3519. Federal Advisory Committee Act, as need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice language interpretation or other Dated: April 11, 2002. is hereby given of the following reasonable accommodations, should LaVerne Y. Stringfield, meetings. notify the Contact Person listed below Director, Office of Federal Advisory The meetings will be open to the in advance of the meeting. Committee Policy, NIH. public as indicated below, with The meeting will be closed to the [FR Doc. 02–9423 Filed 4–17–02; 8:45 am] attendance limited to space available. public in accordance with the BILLING CODE 4140–01–M Individuals who plan to attend and provisions set forth in sections 552(c)(4) need special assistance, such as sign and 552b(c)(6), Title 5 U.S.C., as language interpretation or other amended. The grant applications and/or DEPARTMENT OF HEALTH AND reasonable accommodations, should contract proposals and the discussion HUMAN SERVICES notify the Contact Person listed below could disclose confidential trade secrets National Institutes of Health in advance of the meeting. or commercial property such as The meetings will be closed to the patentable material, and personal National Center for Complementary & public in accordance with the information concerning individuals Alternative Medicine; Notice of Closed provisions set forth in sections associated with the grant applications Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and/or contract proposals, the as amended. The grant applications and disclosure of which would constitute a Pursuant to section 10(d) of the the discussions could disclose clearly unwarranted invasion of Federal Advisory Committee Act, as confidential trade secrets or commercial personal privacy. amended (5 U.S.C. Appendix 2), notice property such as patentable material, is hereby given of the following Name of Committee: National Advisory and personal information concerning Council for Complementary and Alternative meeting. individuals associated with the grant Medicine. The meeting will be closed to the applications, the disclosure of which Date: May 28, 2002. public in accordance with the would constitute a clearly unwarranted Open: 8 a.m. to 2:15 p.m. provisions set forth in sections invasion of personal privacy. Agenda: The agenda includes the Opening 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Remarks by Director, NCCAM, Reports on as amended. The grant applications and Name of Committee: Scientific and NCCAM Communications and Outreach, the discussions could disclose Technical Review Board on Biomedical and CAPCAM Report, Hypericum Study Results, confidential trade secrets or commercial Behavioral Research Facilities. Final IHR Plan, Final MHHD Plan, and other Date: May 28–30, 2002. property such as patentable material, Open: May 28, 2002, 8 a.m. to 9 a.m. business of the Council. and personal information concerning Closed: 2:15 p.m. to adjournment. Agenda: To discuss program planning and Agenda: To review and evaluate grant individuals associated with the grant other issues: applications and/or proposals. applications, the disclosure of which Place: Bethesda Residence Inn, 7335 Place: Neuroscience Conference Center, would constitute a clearly unwarranted Wisconsin Avenue, Bethesda, MD 20814. 6001 Executive Boulevard, Rockville, MD invasion of personal privacy. Closed: May 28, 2002, 9 a.m. to Adjournment. 20852. Name of Committee: National Center for Contact Person: Jane F. Kinsel, PhD., Agenda: To review and evaluate grant Complementary and Alternative Medicine applications. Executive Secretary, National Center for Special Emphasis Panel. Place: Bethesda Residence Inn, 7335 Complementary and Alternative Medicine, Date: April 17–18, 2002. Wisconsin Avenue, Bethesda, MD 20814. National Institutes of Health, 6707 Time: 8 a.m. to 6 p.m. Contact Person: D.G. Patel, PhD, Scientific Democracy Blvd., Suite 401, Bethesda, MD Agenda: To review and evaluate grant Review Administrator, Office of Review, 20892. 301/402–7269. applications. The public comments session is scheduled Place: Marriott Suites, 6711 Democracy National Center for Research Resources, from 12–12:30 pm. Each speaker will be Blvd., Bethesda, MD 20814. National Institutes of Health, 6705 Rockledge permitted 5 minutes for their presentation. Contact Person: Carol Pontzer, PhD, Drive, Room 6018, Bethesda, MD 20892– Interested individuals and representatives of Scientific Review Administrator, National 7965, (301) 435–0824. [email protected]. organizations are requested to notify Dr. Jane Center for Complementary, and Alternative Name of Committee: National Center for Kinsel, National Center for Complementary Medicine, 6707 Democracy Blvd., Bethesda, Research Resources Initial Review Group, and Alternative Medicine, NIH, 6707 MD 20892. Clinical Research Review Committee. Democracy Boulevard, Suite 401, Bethesda, This notice is being published less than 15 Date: June 5–6, 2002. Maryland, 20892, 301–402–7269, Fax: 301– days prior to the meeting due to the timing Open: June 5, 2002, 8 a.m. to 9 a.m. 480–3519. Letters of intent to present limitations imposed by the review and Agenda: To discuss program planning and comments, along with a brief description of funding cycle. other issues.
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Place: Holiday Inn—Chevy Chase, 5520 and personal information concerning Agenda: To review and evaluate grant Wisconsin Avenue, Chevy Chase, MD 20815. individuals associated with the grant applications. Closed: June 5, 2002, 9 a.m. to applications, the disclosure of which Place: Marriott Hotels Bethesda, 5151 Adjournment. would constitute a clearly unwarranted Pooks Hill Road, Bethesda, MD 20817. Agenda: To review and evaluate grant invasion of personal privacy. Contact Person: Sheryl K. Brining, PhD, applications. Scientific Review Administrator, Office of Place: Holiday Inn—Chevy Chase, 5520 Name of Committee: National Center for Review, National Center for Research Wisconsin Avenue, Chevy Chase, MD 20815. Research Resources Special Emphasis Panel, Resources, National Institutes of Health, One Contact Person: John L. Meyer, PhD, Loan Repayment Program. Rockledge Center, MSC 7965, 6705 Deputy Director, Office of Review, National Date: May 2, 2002. Rockledge Drive, Suite 6018, Bethesda, MD center For Research Resources, National Time: 1 p.m. to Adjournment. 20892. 301–435–0809. [email protected]. Institutes of Health, 6705 Rockledge Drive, Agenda: To review and evaluate grant Msc 7965, One Rockledge Centre, Room applications. (Catalogue of Federal Domestic Assistance 6018, Bethesda, MD 20892–7965. 301–435– Place: Office of Review, National Center for Program Nos. 93.306, Comparative Medicine, 0806. [email protected]. Research Resources, 6705 Rockledge Drive, 93.306; 93.333, Clinical Research, 93.333; 93.371, Biomedical Technology; 93.389, Name of Committee: National Center for Bethesda, MD 20892. (Telephone Conference Research Infrastructure, National Institutes of Research Resources Initial Review Group, Call). Health, HHS) Comparative Medicine Review Committee. Contact Person: Mohan Viswanathan, PhD, Date: June 11–12, 2002. Scientific Review Administrator, National Dated: April 9, 2002. Center for Research Resources, Office of Open: June 11, 2002, 8 a.m. to 9 a.m. LaVerne Y. Stringfield, Agenda: To discuss program planning and Review, 6705 Rockledge Drive, Suite 6018, Director, Office of Federal Advisory other issues. MSC 7965, Bethesda, MD 20892. 301–435– Committee Policy. Place: Chevy Chase Holiday Inn, 5520 0829. [email protected]. Wisconsin Ave., Chevy Chase, MD 20815. Name of Committee: National Center for [FR Doc. 02–9450 Filed 4–17–02; 8:45 am] Closed: June 11, 2002 9 a.m. to Research Resources Special Emphasis Panel, BILLING CODE 4140–01–M Adjournment. Research Infrastructure. Agenda: To review and evaluate grant Date: June 5–6, 2002. applications. Time: June 5, 2002, 8 a.m. to adjournment. DEPARTMENT OF HEALTH AND Place: Chevy Chase Holiday Inn, 5520 Agenda: To review and evaluate grant HUMAN SERVICES Wisconsin Ave., Chevy Chase, MD 20815. applications. Place: Marriott Hotels Bethesda, 5151 Contact Person: Camille M. King, PhD, National Institutes of Health Scientific Review Administrator, Office of Pooks Hill Road, Bethesda, MD 20817. Review, National Center for Research Contact Person: Sheryl K. Brining, PhD, Scientific Review Administrator, Office of National Eye Institute; Notice of Closed Resources, National Institutes of Health, One Meeting Rockledge Centre, MSC 7965, 6705 Review, National Center for Research Rockledge Drive, Suite 6018, Bethesda, MD Resources, National Institutes of Health, One 20892–7965, (301) 435–0815, Rockledge Center, MSC 7965, 6705 Pursuant to section 10(d) of the [email protected]. Rockledge Drive, Suite 6018, Bethesda, MD Federal Advisory Committee Act, as 20892. 301–435–0809. [email protected]. (Catalogue of Federal Domestic Assistance amended (5 U.S.C. Appendix 2), notice Program Nos. 93.306, Comparative Medicine, Name of Committee: National Center for is hereby given of the following 93.306; 93.333, Clinical Research, 93.333; Research Resources Special Emphasis Panel, meeting. 93.371, Biomedical Technology; 93.389, Clinical Research. Date: June 7, 2002. The meeting will be closed to the Research Infrastructure, National Institutes of Time: 8 a.m. to adjournment. public in accordance with the Health, HHS) Agenda: To review and evaluate grant provisions set forth in sections Dated: April 9, 2002. applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, Place: Holiday Inn—Chevy Chase, 5520 as amended. The grant applications and Director, Office of Federal Advisory Wisconsin Avenue, Chevy Chase, MD 20815. the discussions could disclose Committee Policy. Contact Person: Mohan Viswanathan, PhD, confidential trade secrets or commercial Scientific Review Administrator, National [FR Doc. 02–9449 Filed 4–17–02; 8:45 am] Center for Research Resources, Office of property such as patentable material, BILLING CODE 4140–01–M Review, 6705 Rockledge Drive, Suite 6018, and personal information concerning MSC 7965, Bethesda, MD 20892. 301–435– individuals associated with the grant 0829. [email protected]. applications, the disclosure of which DEPARTMENT OF HEALTH AND Name of Committee: National Center for would constitute a clearly unwarranted HUMAN SERVICES Research Resources Special Emphasis Panel, invasion of personal privacy. Research Infrastructure. Name of Committee: National Eye Institute National Institutes of Health Date: June 12–13, 2002. Special Emphasis Panel. Time: June 12, 2002 8 a.m. to adjournment. National Center for Research Agenda: To review and evaluate grant Date: April 17, 2002. Resources; Notice of Closed Meetings applications. Time: 10 a.m. to 11 a.m. Place: Marriott Hotels Bethesda, 5151 Agenda: To review and evaluate grant Pursuant to section 10(d) of the Pooks Hill Road, Bethesda, MD 20817. applications. Federal Advisory Committee Act, as Contact Person: Sheryl K. Brining, PhD, Place: 6120 Executive Blvd., Rockville, MD amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator, Office of 20892, (Telephone Conference Call). is hereby given of the following Review, National Center for Research Contact Person: Samuel Rawlings, PhD, meetings. Resources, National Institutes of Health, One Chief, Scientific Review Branch, Division of Extramural Research, National Eye Institute, The meetings will be closed to the Rockledge Center, MSC 7965, 6705 Bethesda, MD 20892. 301–451–2020. public in accordance with the Rockledge Drive, Suite 6018, Bethesda, MD 20892. 301–435–0809. [email protected]. This notice is being published less than 15 provisions set forth in sections days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Center for Research Resources Special Emphasis Panel, limitations imposed by the review and as amended. The grant applications and Research Infrastructure. funding cycle. the discussions could disclose Date: June 19–20, 2002. (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial Time: June 19, 2002, 8 a.m. to Program Nos. 93.867, Vision Research, property such as patentable material, adjournment. National Institutes of Health, HHS)
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Dated: April 9, 2002. DEPARTMENT OF HEALTH AND The meeting will be closed to the LaVerne Y. Stringfield, HUMAN SERVICES public in accordance with the Director, Office of Federal Advisory provisions set forth in sections Committee Policy. National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 02–9445 Filed 4–17–02; 8:45 am] as amended. The grant applications and National Heart, Lung, and Blood BILLING CODE 4140–01–M the discussions could disclose Institute; Notice of Meeting confidential trade secrets or commercial Pursuant to section 10(a) of the property such as patentable material, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as and personal information concerning HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice individuals associated with the grant is hereby given of a meeting of the applications, the disclosure of which National Institutes of Health Sickle Cell Disease Advisory would constitute a clearly unwarranted invasion of personal privacy. National Heart, Lung, and Blood Committee. Institute; Notice of Closed Meeting The meeting will be open to the Name of Committee: National Heart, Lung, public, with attendance limited to space and Blood Institute Special Emphasis Panel, Pursuant to section 10(d) of the available. Individuals who plan to Transfusion Medicine/Hemostasis Clinical Federal Advisory Committee Act, as attend and need special assistance, such Research Network. amended (5 U.S.C. Appendix 2), notice as sign language interpretation or other Date: May 22–23, 2002. is hereby given of a meeting of the reasonable accommodations, should Time: 8 a.m. to 5 p.m. Board of Scientific Counselors, NHLBI. notify the Contact Person listed below Agenda: To review and evaluate grant The meeting will be closed to the public applications. in advance of the meeting. Place: Holiday Inn Chevy Chase, 5520 as indicated below in accordance with Name of Committee: Sickle Cell Disease Wisconsin Avenue, Chevy Chase, MD 20815. the provisions set forth in section Advisory Committee. Contact Person: Chitra Krishnamurti, PhD, 552b(c)(6), Title 5 U.S.C., as amended Date: June 3, 2002. Scientific Review Administrator, Review for the review, discussion, and Time: 8:30 a.m. to 5 p.m. Branch, Room 7206, Division of Extramural evaluation of individual intramural Agenda: Discussion of program policies Affairs, National Heart, Lung, and Blood programs and projects conducted by the and issues. Institute, National Institutes of Health, National Heart, Lung, and Blood Place: National Institutes of Health, Two Bethesda, MD 20892. Institute, including consideration of Rockledge Center, Conference Room 7111, (Catalogue of Federal Domestic Assistance 6701 Rockledge Drive, Bethesda, MD 20892. personnel qualifications and Program Nos. 93.233, National Center for Contact Person: Charles M. Peterson, MD, Sleep Disorders Research; 93.837, Heart and performance, and the competence of Director, Blood Diseases Program, Division of individual investigators, the disclosure Vascular Diseases Research; 93.838, Lung Blood Diseases and Resources, National Diseases Research; 93.839, Blood Diseases of which would constitute a clearly Heart, Lung, and Blood Institute, NIH, Two and Resources Research, National Institutes unwarranted invasion of personal Rockledge Center, Room 10158, MSC 7950, of Health, HHS) privacy. 6701 Rockledge Drive, Bethesda, MD 20892. 301/435–0050. Dated: April 10, 2002. Name of Committee: Board of Scientific Information is also available on the LaVerne Y. Stringfield, Counselors, NHLBI. Institute’s/Center’s home page: Date: June 6–7, 2002. Director, Office of Federal Advisory www.nhlbi.nih.gov/meetings/index.htm, Committee Policy. Time: 8 a.m. to 5 p.m. where an agenda and any additional Agenda: To review and evaluate personal [FR Doc. 02–9439 Filed 4–17–02; 8:45 am] information for the meeting will be posted qualifications and performance, and when available. BILLING CODE 4140–01–M competence of individual investigators. Place: National Institutes of Health, 9000 (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Rockville Pike, Building 10, Room 7S235, DEPARTMENT OF HEALTH AND Bethesda, MD 20892. Sleep Disorders Research; 93.837, Heart and Contact Person: Elizabeth G. Nabel, MD, Vascular Diseases Research; 93.838, Lung HUMAN SERVICES Scientific Director for Clinical Research, Diseases Research; 93.839, Blood Diseases National Heart, Lung, and Blood Institute, and Resources Research, National Institutes National Institutes of Health Division of Intramural Research, Building 10, of Health, HHS) National Institute of Mental Health; Room 8C103, MSC 1754, Bethesda, MD Dated: April 10, 2002. 20892. 301/496–1518. Notice of Closed Meeting Information is also available on the LaVerne Y. Stringfield, Institute’s/Center’s home page: Director, Office of Federal Advisory Pursuant to section 10(d) of the www.nhlbi.nih.gov/meetings/index.htm, Committee Policy. Federal Advisory Committee Act, as where an agenda and any additional [FR Doc. 02–9438 Filed 4–17–02; 8:45 am] amended (5 U.S.C. Appendix 2), notice information for the meeting will be posted BILLING CODE 4140–01–M is hereby given of the following when available. meeting. (Catalogue of Federal Domestic Assistance The meeting will be closed to the Program Nos. 93.233, National Center for DEPARTMENT OF HEALTH AND public in accordance with the Sleep Disorders Research; 93.837, Heart and HUMAN SERVICES Vascular Diseases Research; 93.838, Lung provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diseases Research; 93.839, Blood Diseases National Institutes of Health and Resources Research, National Institutes as amended. The contract proposals and of Health, HHS) National Heart, Lung, and Blood the discussions could disclose Institute; Notice of Closed Meeting confidential trade secrets or commercial Dated: April 12, 2002. property such as patentable material, LaVerne Y. Stringfield, Pursuant to section 10(d) of the and personal information concerning Director, Office of Federal Advisory Federal Advisory Committee Act, as individuals associated with the contract Committee Policy. amended (5 U.S.C. Appendix 2), notice proposals, the disclosure of which [FR Doc. 02–9427 Filed 4–17–02; 8:45 am] is hereby given of the following would constitute a clearly unwarranted BILLING CODE 4140–01–M meeting. invasion of personal privacy.
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Name of Committee: National Institute of Place: 45 Center Drive, Bethesda, MD Place: 45 Center Drive, Natcher Building, Mental Health Special Emphasis Panel. 20892. (Telephone Conference Call). Conference Room E1⁄2, Bethesda, MD 20892. Date: April 25, 2002. Contact Person: H. George Hausch, PhD, (Telephone Conference Call). Time: 12:30 p.m. to 2 p.m. Acting Director, 4500 Center Drive, Natcher Contact Person: Philip Washko, PhD, Agenda: To review and evaluate contract Building, Rm. 4AN44F, National Institutes of DMD., Scientific Review Administrator, 45 proposals. Health, Bethesda, MD 20892. (301) 594–2372. Center Drive Natcher Building, Rm. 4AN44F, Place: Neuroscience Center, National Name of Committee:: National Institute of National Institutes of Health, Bethesda, MD Institutes of Health, 6001 Executive Blvd., Dental and Craniofacial Research Special 20892. (301) 594–2372. Bethesda, MD 20892. (Telephone Conference Emphasis Panel, 02–76, Review of R13 (Catalogue of Federal Domestic Assistance Call). Grants. Program Nos. 93.121, Oral Diseases and Contact Person: Henry J. Haigler, Ph.D, Date: May 1, 2002. Disorders Research, National Institutes of Scientific Review Administrator, Division of Time: 1 p.m. to 3 p.m. Health, HHS) Extramural Activities, National Institute of Agenda: To review and evaluate grant Dated: April 9, 2002. Mental Health, NIH, Neuroscience Center, applications. 6001 Executive Blvd., Rm. 6150, MSC 9608, Place: 45 Center Drive, Natcher Bldg., LaVerne Y. Stringfield, Bethesda, MD 20892–9608. 301/443–7216. Conf. Rms. A&D, Bethesda, MD 20892. Director, Office of Federal Advisory [email protected]. (Telephone Conference Call). Committee Policy. This notice is being published less than 15 Contact Person: H. George Hausch, PhD, [FR Doc. 02–9426 Filed 4–17–02; 8:45 am] days prior to the meeting due to the timing Acting Director, 4500 Center Drive, Natcher BILLING CODE 4140–01–M limitations imposed by the review and Building, Rm, 4AN44F, National Institutes of funding cycle. Health, Bethesda, MD 20892. (301) 594–2372. (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of DEPARTMENT OF HEALTH AND Program Nos. 93.242, Mental Health Research Dental and Craniofacial Research Special HUMAN SERVICES Grants; 93.281, Scientist Development Emphasis Panel, 02–74, Review of R13 Award, Scientist Development Award for Grants. National Institutes of Health Clinicians, and Research Scientist Award; Date: May 7, 2002. 93.282, Mental Health National Research Time: 1 p.m. to 3 p.m. National Institute of Environmental Service Awards for Research Training, Agenda: To review and evaluate grant National Institutes of Health, HHS) applications. Health Sciences; Notice of Closed Meeting Dated: April 9, 2002. Place: 45 Center Drive, Bethesda, MD 20892. (Telephone Conference Call). Pursuant to section 10(d) of the LaVerne Y. Stringfield, Contact Person: H. George Hausch, PhD, Director, Office of Federal Advisory Acting Director, 4500 Center Drive, Natcher Federal Advisory Committee Act, as Committee Policy. Building, Rm. 4AN44F, National Institutes of amended (5 U.S.C. Appendix 2), notice [FR Doc. 02–9424 Filed 4–17–02; 8:45 am] Health, Bethesda, MD 20892. (301) 594–2372. is hereby given of the following BILLING CODE 4140–01–M Name of Committee: National Institute of meeting. Dental and Craniofacial Research Special The meeting will be closed to the Emphasis Panel, 02–64, Review of R44 public in accordance with the DEPARTMENT OF HEALTH AND Grants. provisions set forth in section HUMAN SERVICES Date: May 14, 2002. 552b(c)(6), Title 5 U.S.C., as amended. Time: 1 p.m. to 3 p.m. The contract proposals and the National Institutes of Health Agenda: To review and evaluate grant discussions could disclose confidential applications. trade secrets or commercial property National Institute of Dental & Place: 45 Center Drive, Natcher Building, such as patentable material, and Conference Room C, Bethesda, MD 20892. Craniofacial Research; Notice of personal information concerning Closed Meetings (Telephone Conference Call). Contact Person: Philip Washko, PhD, individuals associated with the contract Pursuant to section 10(d) of the DMD., Scientific Review Administrator, 45 proposals, and disclosure of which Federal Advisory Committee Act, as Center Drive, Natcher Building, Rm. 4AN44F, would constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice National Institutes of Health, Bethesda, MD invasion of personal privacy. 20892. (301) 594–2372. is hereby given of the following Name of Committee: National Institute of meetings. Name of Committee: National Institute of Environmental Health Sciences Special The meetings will be closed to the Dental and Craniofacial Research Special Emphasis Panel, Review of Loan Repayment Emphasis Panel, 02–63, Review of R44 Proposals. public in accordance with the Grants. provisions set forth in sections Date: May 10, 2002. Date: May 14, 2002. Time: 9 a.m. to 10 a.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 3 p.m. to 5 p.m. Agenda: To review and evaluate contract as amended. The grant applications and Agenda: To review and evaluate grant proposals. the discussions could disclose applications. Place: Nat. Institute of Environmental confidential trade secrets or commercial Place: 45 Center Drive, Natcher Building, Health Sciences, Bldg. 4401, Room 3435, 79 property such as patentable material, Conference Room E1⁄2, Bethesda, MD 20892. T. W. Alexander Drive, Research Triangle and personal information concerning (Telephone Conference Call). Park, NC 27709. (Telephone Conference individuals associated with the grant Contact Person: Philip Washko, PhD, Call). DMD., Scientific Review Administrator, 45 applications, the disclosure of which Contact Person: Anne P. Sassaman, PhD, Center Drive, Natcher Building, Rm. 4AN44F, Director, Division of Extramural Research would constitute a clearly unwarranted National Institutes of Health, Bethesda, MD and Training, Nat. Institute of Environmental invasion of personal privacy. 20892. (301) 594–2372. Health Sciences, National Institutes of Name of Committee: National Institute of Name of Committee: National Institute of Health, P.O. Box 12233, MD EC–20, Research Dental and Craniofacial Research Special Dental and Craniofacial Research Special Triangle Park, NC 27709. 919/541–7723. Emphasis Panel, 02–75, Review of R13 Emphasis Panel, 02–56, Review of R44 (Catalogue of Federal Domestic Assistance Grants. Grants. Program Nos. 93.113, Biological Response to Date: April 23, 2002. Date: May 16, 2002. Environmental Health Hazards; 93.114, Time: 2:30 p.m. to 4:30 p.m. Time: 10 a.m. to 12 p.m. Applied Toxicological Research and Testing; Agenda: To review and evaluate grant Agenda: To review and evaluate grant 93.115, Biometry and Risk Estimation— applications. applications. Health Risks from Environmental Exposures;
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93.142, NIEHS Hazardous Waste Worker would constitute a clearly unwarranted Name of Committee: National Institute of Health and Safety Training; 93.143, NIEHS invasion of personal privacy. Nursing Research Special Emphasis Panel, Superfund Hazardous Substances—Basic Loan Repayment Program. Research and Education; 93.894, Resources Name of Committee: National Institute of Date: May 14, 2002. and Manpower Development in the Environmental Health Sciences Special Time: 1 p.m. to 3 p.m. Environmental Health Sciences, National Emphasis Panel, review of Mentored Clinical Agenda: To review and evaluate contract Institutes of Health, HHS) Scientist Development Awards (KO8s). proposals. Date: April 29, 2002. Place: 45 Center Drive, Natcher Building, Dated: April 12, 2002. Time: 2 p.m. to 3 p.m. Room 3AN12, Bethesda, MD 20892, LaVerne Y. Stringfield, Agenda: To review and evaluate grant (Telephone Conference Call). Director, Office of Federal Advisory applications. Contact Person: Carole Hudgings, PhD, RN Committee Policy. Place: NIEHS, East Campus, Room 3174, Scientific Review Administrator, Building Research Triangle Park, NC 27709, [FR Doc. 02–9428 Filed 4–17–02; 8:45 am] 45, Room 3AN–12, 45 Center Drive, (Telephone Conference Call). Bethesda, MD 20892, (301) 594–5976. BILLING CODE 4140–01–M Contact Person: Linda K. Bass, PhD, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Scientific Program Nos. 93.361, Nursing Research, Review Branch, Office of Program National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND Operations, Divisions of Extramural Research HUMAN SERVICES and Training, Nat. Institute of Environmental Dated: April 10, 2002. Health Sciences, P.O. Box 12233, MD EC–30, LaVerne Y. Stringfield, National Institutes of Health Research Triangle Park, NC 27709, (919) 541– Director, Office of Federal Advisory 1307. Committee Policy. National Institute of Neurological This notice is being published less than 15 [FR Doc. 02–9433 Filed 4–17–02; 8:45 am] Disorders and Stroke; Amended Notice days prior to the meeting due to the timing of Meeting limitations imposed by the review and BILLING CODE 4140–01–M funding cycle. Notice is hereby given of a change in (Catalogue of Federal Domestic Assistance the meeting of the National Institute of Program Nos. 93113, Biological Response to DEPARTMENT OF HEALTH AND Neurological Disorders and Stroke Environmental Health Hazards; 93.114, HUMAN SERVICES Special Emphasis Panel, April, 10, 2002, Applied Toxicological Research and Testing; 93.115, Biometry and Risk Estimation— National Institutes of Health 11:30 a.m. to April 10, 2002, 1:30 p.m., Health Risks from Environmental Exposures; 6001 Executive Blvd., Bethesda, MD, 93.142, NIEHS Hazardous Waste Worker National Institute of Nursing Research; 20892 which was published in the Health and Safety Training; 93.143, NIEHS Notice of Meeting Federal Register on March 27, 2002 (67 Superfund Hazardous Substances—Basic FR 14722), FR Doc. 02–7271. Research and Education; 93.894, Resources Pursuant to section 10(d) of the The meeting will be held on April 22, and Manpower Development in the Federal Advisory Committee Act, as 2002 from 10 a.m. to 12 p.m. The Environmental Health Sciences, National amended (5 U.S.C. appendix 2), notice Institutes of Health, HHS) meeting is closed to the public. is hereby given of a meeting of the Dated: April 9, 2002. National Advisory Council for Nursing Dated: April 12, 2002. LaVerne Y. Stringfield, Research. LaVerne Y. Stringfield, The meeting will be open to the Director, Office of Federal Advisory Director, Office of Federal Advisory Committee Policy. public as indicated below, with Committee Policy. attendance limited to space available. [FR Doc. 02–9431 Filed 4–17–02; 8:45 am] [FR Doc. 02–9429 Filed 4–17–02; 8:45 am] Individuals who plan to attend and BILLING CODE 4140–01–M BILLING CODE 4140–01–M need special assistance, such as sign language interpretation or other DEPARTMENT OF HEALTH AND reasonable accommodations, should DEPARTMENT OF HEALTH AND HUMAN SERVICES notify the Contact Person listed below HUMAN SERVICES in advance of the meeting. National Institutes of Health The meeting will be closed to the National Institutes of Health public in accordance with the National Institute of Nursing Research; provisions set forth in sections National Institute of Environmental Notice of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health Sciences; Notice of Closed as amended. The grant applications Meeting Pursuant to section 10(d) of the and/or contract proposals and the Federal Advisory Committee Act, as Pursuant to section 10(d) of the discussions could disclose confidential amended (5 U.S.C. Appendix 2), notice trade secrets or commercial property Federal Advisory Committee Act, as is hereby given of the following amended (5 U.S.C. Appendix 2), notice such as patentable material, and meeting. personal information concerning is hereby given of the following The meeting will be closed to the individuals associated with the grant meeting. public in accordance with the applications and/or contract proposals, The meeting will be closed to the provisions set forth in sections the disclosure of which would public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., constitute a clearly unwarranted provisions set forth in sections as amended. The contract proposals and invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose as amended. The grant applications and confidential trade secrets or commercial Name of Committee: National Advisory the discussions could disclose property such as patentable material, Council for Nursing Research. Date: May 21–22, 2002. confidential trade secrets or commercial and personal information concerning Open: May 21, 2002, 1 p.m. to 5 p.m. property such as patentable material, individuals associated with the contract Agenda: For discussion of program policies and personal information concerning proposals, the disclosure of which and issues. individuals associated with the grant constitute a clearly unwarranted Place: 45 Center Drive, Natcher Building, applications, the disclosure of which invasion of personal privacy. Conference Room E1/2, Bethesda, MD 20892.
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Closed: May 22, 2002, 9:30 a.m. to Dated: April 10, 2002. DEPARTMENT OF HEALTH AND Adjournment. LaVerne Y. Stringfield, HUMAN SERVICES Agenda: To review and evaluate grant Director, Office of Federal Advisory applications and/or proposals. National Institutes of Health Place: 45 Center Drive, Natcher Building, Committee Policy. Conference Room E1/2, Bethesda, MD 20892. [FR Doc. 02–9435 Filed 4–17–02; 8:45 am] National Institute of Diabetes and Contact Person: Mary Leveck, PhD, Deputy BILLING CODE 4140–01–M Digestive and Kidney Diseases; Notice Director, NINR, NIH, Building 31, Room 5B05, Bethesda, MD 20892, (301) 594–5963. of Meeting Information is also available on the DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Institute’s/Center’s home page: Federal Advisory Committee Act, as www.nih.gov/ninr/aladvisory.html, where HUMAN SERVICES an agenda and any additional information for amended (5 U.S.C. appendix 2), notice the meeting will be posted when available. National Institutes of Health is hereby given of a meeting of the (Catalogue of Federal Domestic Assistance Board of Scientific Counselors, NIDDK. Program Nos. 93.361, Nursing Research, National Institute of Arthritis and The meeting will be open to the National Institutes of Health, HHS) Musculoskeletal and Skin Diseases; public as indicated below, with Notice of Closed Meeting attendance limited to space available. Dated: April 10, 2002. Individuals who plan to attend and LaVerne Y. Stringfield, Pursuant to section 10(d) of the need special assistance, such as sign Director, Office of Federal Advisory Federal Advisory Committee Act, as language interpretation or other Committee Policy. amended (5 U.S.C. Appendix 2), notice reasonable accommodations, should [FR Doc. 02–9434 Filed 4–17–02; 8:45 am] is hereby given of the following notify the Contact Person listed below BILLING CODE 4140–01–M meeting. in advance of the meeting. The meeting will be closed to the The meeting will be closed to the public as indicated below in accordance DEPARTMENT OF HEALTH AND public in accordance with the with the provisions set forth in section HUMAN SERVICES provisions set forth in sections 552b(c)(6), Title 5 U.S.C., as amended 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., for the review, discussion, and National Institutes of Health as amended. The contract proposals and evaluation of individual intramural National Institute of Arthritis and the discussions could disclose programs and projects conducted by the Musculoskeletal and Skin Diseases; individuals associated with the contract National Institutes of Diabetes and Notice of Closed Meeting proposals, the disclosure of which Digestive and Kidney Diseases, would constitute a clearly unwarranted including consideration of personnel Pursuant to section 10(d) of the invasion of personal privacy. qualifications and performance, and the Federal Advisory Committee Act, as Name of Committee: National Institute of competence of individual investigators, amended (5 U.S.C. Appendix 2), notice the disclosure of which would is hereby given of the following Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel. constitute a clearly unwarranted meeting. invasion of personal privacy. The meeting will be closed to the Date: May 8, 2002. public in accordance with the Time: 10 a.m. to 12 p.m. Name of Committee: Board of Scientific Agenda: To review and evaluate contract Counselors, NIDDK. provisions set forth in sections Date: June 5–7, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals. Place: National Institutes of Health, 45 Open: June 5, 2002, 6 p.m. to 6:30 p.m. as amended. The grant applications and Agenda: Introductions and Overview. Center Drive, Building 45, Room 5As25U, the discussions could disclose Place: National Institutes of Health, Bethesda, MD 20892. confidential trade secrets or commercial Building 5, Room 127, Bethesda, MD 20892. Contact Person: Tommy L. Broadwater, property such as patentable material, Closed: June 5, 2002, 6:30 p.m. to PhD, Chief, Review Branch, Grants Review and personal information concerning adjournment. Branch, National Institutes of Health, Agenda: To review and evaluate personal individuals associated with the grant NIAMS, Natcher Bldg., Room 5As25U, qualifications and performance, and applications, the disclosure of which Bethesda, MD 20892, 301–594–4952. competence of individual investigators. would constitute a clearly unwarranted This notice is being published less than 15 Place: National Institutes of Health, invasion of personal privacy. days prior to the meeting due to the timing Building 5, Room 127, Bethesda, MD 20892. Closed: June 6, 2002, 8 a.m. to Name of Committee: National Institute of limitations imposed by the review and adjournment. Arthritis and Musculoskeletal and Skin funding cycle. Agenda: To review and evaluate personal Diseases Special Emphasis Panel. (Catalogue of Federal Domestic Assistance qualifications and performance, and Date: June 4, 2002. competence of individual investigators. Time: 10:30 a.m. to 1:30 p.m. Program Nos. 93.846, Arthritis, Place: National Institutes of Health, Agenda: To review and evaluate grant Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS) Building 5, Room 127, Bethesda, MD 20892. applications. Closed: June 7, 2002, 8 a.m. to Place: Natcher Building, 45 Center Drive, Dated: April 10, 2002. adjournment. Conference Rooms E1/E2, Bethesda, MD LaVerne Y. Stringfield, Agenda: To review and evaluate personal 20892, (Telephone Conference Call). qualificationsn and performance, and Contact Person: Tracy A. Shahan, PhD, Director, Office of Federal Advisory competence of individual investigators. Scientific Review Administrator, National Committee Policy. Place: National Institutes of Health, Institute of Arthritis and Musculoskeletal and [FR Doc. 02–9436 Filed 4–17–02; 8:45 am] Building 5, Room 127, Bethesda, MD 20892. Skin Diseases, Natcher Building, MSC 6500, BILLING CODE 4140–01–M Contact Person: Marvin C. Gershengorn, 45 Center Drive, 5AS–25H, Bethesda, MD MD, Scientific Director, Division of 20892, (301) 594–4952. Intramural Research, National Institute of (Catalogue of Federal Domestic Assistance Diabetes, and Digestive and Kidney Diseases, Program Nos. 93.846, Arthritis, National Institutes of Health, 9000 Rockville Musculoskeletal and Skin Diseases Research, Pike, Bldg. 10, Rm. 9N222, Bethesda, MD National Institutes of Health, HHS) 20892, (301) 496–4129.
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In the interest of security, NIH has and Hematology Research, National Institutes DEPARTMENT OF HEALTH AND instituted stringent procedures for entrance of Health, HHS) HUMAN SERVICES into the building by non-government employees. Persons without a government Dated: April 10, 2002. National Institutes of Health I.D. will need to show a photo I.D. and sign- LaVerne Y. Stringfield, in at the security desk upon entering the National Institute of Arthritis and building. Director, Office of Federal Avisory Committee Policy. Musculoskeletal and Skin Diseases; (Catalogue of Federal Domestic Assistance Notice of Closed Meeting Program Nos. 93.847, Diabetes, [FR Doc. 02–9440 Filed 4–17–02; 8:45 am] Endocrinology and Metabolic Research; BILLING CODE 4140–01–M Pursuant to section 10(d) of the 93.848, Digestive Diseases and Nutrition Federal Advisory Committee Act, as Research; 93.849, Kidney Diseases, Urology amended (5 U.S.C. Appendix 2), notice and Hematology Research, National Institutes DEPARTMENT OF HEALTH AND is hereby given of the following of Health, HHS) HUMAN SERVICES meeting. Dated: April 10, 2002. The meeting will be closed to the LaVerne Y. Stringfield, National Institutes of Health public in accordance with the Director, Office of Federal Advisory provisions set forth in sections Committee Policy. National Institute on Deafness and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 02–9437 Filed 4–17–02; 8:45 am] Other Communications Disorders; as amended. The grant applications and Notice of Closed Meeting BILLING CODE 4140–01–M the discussions could disclose confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as and personal information concerning HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice individuals associated with the grant is hereby given of the following applications, the disclosure of which National Institutes of Health meeting. would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. National Institute of Diabetes and public in accordance with the Digestive and Kidney Diseases; Notice Name of Committee: National Institute of provisions set forth in sections Arthritis and Musculoskeletal and Skin of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diseases Special Emphasis Panel. as amended. The grant applications and Date: May 13–14, 2002. Pursuant to section 10(d) of the Time: 8:30 a.m. to 5 p.m. Federal Advisory Committee Act, as the discussions could disclose confidential trade secrets or commercial Agenda: to review and evaluate grant amended (5 U.S.C. Appendix 2), notice applications. is hereby given of the following property such as patentable material, Place: The Hyatt Regency Hotel, 100 meeting. and personal information concerning Bethesda Metro Center, Bethesda, MD 20814. individuals associated with the grant The meeting will be closed to the Contact Person: Aftab A. Ansari, Ph.D, applications, the disclosure of which Scientific Review Administrator, National public in accordance with the would constitute a clearly unwarranted Institute of Arthritis and Musculoskeletal and provisions set forth in sections invasion of personal privacy. Skin Diseases, Natcher Building, MSC 6500, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 45 Center Drive, 5AS–25S, Bethesda, MD Name of Committee: National institute on as amended. The grant applications and 20892. (301) 594–4952. the discussions could disclose Deafness and Other Communications Disorders Special Emphasis Panel, ZDC1 (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial Program Nos. 93.846, Arthritis, property such as patentable material, SRB–O (21). Date: April 23, 2002. Musculoskeletal and Skin Diseases Research, and personal information concerning National Institutes of Health, HHS) individuals associated with the grant Time: 11 a.m. to 11:30 a.m. Agenda: To review and evaluate grant Dated: April 9, 2002. applications, the disclosure of which LaVerne Y. Stringfield, would constitute a clearly unwarranted applications. Director, Office of Federal Advisory invasion of personal privacy. Place: 6120 Executive Blvd, Rockville, MD 20892 (Telephone Conference Call). Committee Policy. Name of Committee: National Institute of Contact Person: Stanley C. Oaks, Jr., PhD, [FR Doc. 02–9442 Filed 4–17–02; 8:45 am] Diabetes and Digestive and Kidney Diseases Scientific Review Branch, Division of BILLING CODE 4140–01–M Special Emphasis Panel. Multi-center Extramural Research, Executive Plaza South, Clinical Trial. Room 400C, 6120 Executive Blvd., Bethesda, Date: May 2, 2002. DEPARTMENT OF HEALTH AND Time: 11 a.m. to 1 p.m. MD 20892–7180. 301–496–8683. Agenda: To review and evaluate grant This notice is being published less than 15 HUMAN SERVICES applications. days prior to the meeting due to the timing Place: 2 Democracy Plaza, 6707 Democracy limitations imposed by the review and National Institutes of Health Boulevard, Rm. 757, Bethesda, MD 20892. funding cycle. (Telephone Conference Call). National Institute on Drug Abuse; (Catalogue of Federal Domestic Assistance Contact Person: John Connaughton, PhD, Notice of Meeting Program Nos. 93.173, Biological Research Scientific Review Administrator, Review Pursuant to section 10(d) of the Branch, DEA, NIDDK, Room 757, 6707 Related to Deafness and Communicative Democracy Boulevard, National Institutes of Disorders, National Institutes of Health, HHS) Federal Advisory Committee Act, as Health, Bethesda, MD 20892. (301) 594–7797. Dated: April 10, 2002. amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the [email protected]. LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance National Advisory Council on Drug Director, Office of Federal Advisory Program Nos. 93.847, Diabetes, Abuse. Committee Policy. Endocrinology and Metabolic Research; The meeting will be open to the 93.848, Digestive Diseases and Nutrition [FR Doc. 02–9441 Filed 4–17–02; 8:45 am] public as indicated below, with Research; 93.849, Kidney Diseases, Urology BILLING CODE 4140–01–M attendance limited to space available.
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Individuals who plan to attend and DEPARTMENT OF HEALTH AND Health and Safety Training; 93.143; NIEHS need special assistance, such as sign HUMAN SERVICES Superfund Hazardous Substances—Basic language interpretation or other Research and Education; 93.894, Resources National Institutes of Health and Manpower Development in the reasonable accommodations, should Environmental Health Sciences, National notify the Contact Person listed below National Institute of Environmental Institutes of Health, HHS) in advance of the meeting. Health Sciences; Notice of Meeting The meeting will be closed to the Dated: April 9, 2002. public in accordance with the Pursuant to section 10(d) of the LaVerne Y. Stringfield, provisions set forth in sections Federal Advisory Committee Act, as Director, Officer of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice Committee Policy. is hereby given of a meeting of the as amended. The grant applications and [FR Doc. 02–9447 Filed 4–17–02; 8:45 am] National Advisory Environmental the discussions could disclose BILLING CODE 4140–01–M Health Sciences Council. confidential trade secrets or commercial The meeting will be open to the property such as patentable material, public as indicated below, with DEPARTMENT OF HEALTH AND and personal information concerning attendance limited to space available. HUMAN SERVICES individuals associated with the grant Individuals who plan to attend and applications, the disclosure of which need special assistance, such as sign National Institutes of Health would constitute a clearly unwarranted language interpretation or other invasion of personal privacy. reasonable accommodations, should National Institute of Diabetes and Digestive and Kidney Diseases; Notice Name of Committee: National Advisory notify the Contact Person listed below of Closed Meeting Council on Drug Abuse. in advance of the meeting. Date: May 22–23, 2002. The meeting will be closed to the Pursuant to the section 10(d) of the Closed: May 22, 2002, 9 a.m. to public in accordance with the Federal Advisory Committee Act, as Adjournment. provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice applications. as amended. The grant applications is hereby given of the following Place: Neuroscience Center, National and/or contract proposals and the meeting. Institutes of Health, 6001 Executive Blvd., discussions could disclose confidential The meeting will be closed to the Rockville, MD 02852. trade secrets or commercial property public in accordance with the Open: May 23, 2002, 9 a.m. to 3:30 p.m. such as patentable material, and provisions set forth in sections Agenda: This portion of the meeting will personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., be open to the public for announcements and individuals associated with the grant as amended. The grant applications and reports of administrative, legislative and applications and/or contract proposals, the discussions could disclose program developments in the drug abuse the disclosure of which would confidential trade secrets or commercial field. constitute a clearly unwarranted property such as patentable material, Place: Neuroscience Center, National invasion of personal privacy. and personal information concerning Institutes of Health, 6001 Executive Blvd., Name of Committee: National Advisory individuals associated with the grant Rockville, MD 20852. Environmental Health Sciences Council. applications, the disclosure of which Contact Person: Teresa Levitin, PhD, Date: May 20, 2002. would constitute a clearly unwarranted Director, Office of Extramural Affairs, Open: 8:30 am to 2 pm. invasion of personal privacy. National Institute on Drug Abuse, National Agenda: Discussion of program policies Name of Committee: National Institute of Institutes of Health, DHHS, Bethesda, MD and issues. Diabetes and Digestive and Kidney Diseases 20892–9547, (301) 443–2755. Place: NIEHS, Rodbell Auditorium, Building 101, 111 Alexander Drive, Research Special Emphasis Panel. Information is also available on the Date: April 29, 2002. Institute’s/Center’s home page: Triangle Park, NC 27709. Closed: 2:00 p.m. to adjournment. Time: 2 p.m. to 3:30 p.m. www.drugabuse.gov/NACDAHome.html, Agenda: To review and evaluate grant Agenda: To review and evaluate grant where an agenda and any additional applications. applications. information for the meeting will be posted Place: NIEHS, Rodell Auditorium, Building Place: 2 Democracy Plaza, 6707 Democracy when available. 101, 111 Alexander Drive, Research Triangle Boulevard, Room 752, Bethesda, MD 20892. (Catalogue of Federal Domestic Assistance Park, NC 27709. (Telephone Conference Call). Contact Person: Francisco O. Calvo, PhD, Program Nos. 93.277, Drug Abuse Scientist Contact Person: Anne P Sassaman, PhD, Director, Division of Extramural Research Chief, Review Branch, DEA, NIDDK, Room Development Award for Clinicians, Scientist 752, 6707 Democracy Boulevard, National Development Awards, and Research Scientist and Training, National Institute of Environmental Health, Sciences, National Institutes of Health, Bethesda, MD 20892– Awards; 93.278, Drug Abuse National Institutes of Health, P.O. Box 12233, 6600, (301) 594–8897. Research Service Awards for Research Research Triangle Park, NC 27709. 919/541– (Catalogue of Federal Domestic Assistance Training; 93.279, Drug Abuse Research 7723. Program Nos. 93.847, Diabetes, Programs, National Institutes of Health, HHS) Information is also available on the Endocrinology and Metabolic Research; Dated: April 9, 2002. Institute’s/Center’s home page: 93.848, Digestive Diseases and Nutrition www.niehs.nih.gov/dert/c-agenda.htm, where Research; 93.849, Kidney Diseases, Urology LaVerne Y. Stringfield, an agenda and any additional information for and Hematology Research, National Institutes Director, Office of Federal Advisory the meeting will be posted when available. of Health, HHS) Committee Policy. (Catalogue of Federal Domestic Assistance Dated: April 9, 2002. [FR Doc. 02–9446 Filed 4–17–02; 8:45 am] Program Nos. 93.113, Biological Response to LaVerne Y. Stringfield, BILLING CODE 4140–01–M Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing; Director, Office of Federal Advisory 93.115, Biometry and Risk Estimation— Committee Policy. Health Risks from Environmental Exposures; [FR Doc. 02–9448 Filed 4–17–02; 8:45 am] 93.142, NIEHS Hazardous Waste Worker BILLING CODE 4140–01–M
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DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice available. Individuals who plan to HUMAN SERVICES is hereby given of a meeting of the attend and need special assistance, such National Advisory Board on Medical as a sign language interpretation of other National Institutes of Health Rehabilitation Research. reasonable accommations, should notify The meeting will be open to the the Contact Person listed below in National Institute on Alcohol Abuse public, with attendance limited to space advance of the meeting. and Alcoholism; Notice of Closed available. Individuals who plan to Name of Committee: Office of AIDS Meeting attend and need special assistance, such Research Advisory Council. Pursuant to section 10(d) of the as sign language interpretation or other Date: April 17, 2002. Time: 2 p.m. to Adjournment. Federal Advisory Committee Act, as reasonable accommodations, should notify the Contact Person listed below Agenda: NIH Plan for HIV-Related amended (5 U.S.C., Appendix 2), notice Research; FY 2004 NIH Plan Area of is hereby given of the following in advance of the meeting. Emphasis; and general OARAC Discussions. meeting. Name of Committee: National Advisory Place: 9000 Rockville Pike, Building 31C, The meeting will be closed to the Board on Medical Rehabilitation Research, Conference Room 6, Bethesda, MD 20892. public in accordance with the NABMRR Council Session. (Telephone Conference Call). provisions set forth in sections Date: May 2–3, 2002. Contact Person: Veronica Leftwich, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: May 2, 2002, 9 a.m. to 5:30 p.m. Program Analyst, Office of AIDS Research, National Institutes of Health, Building 2, as amended. The grant applications and Agenda: The agenda will include reports by the Director, NICHD and Director, Room 4W11, Bethesda, MD 20892. (301) 435– the disclosures could disclose NCMRR, update on NCMRR training 7698. confidential trade secrets or commercial activities, discussion of the future of medical This notice is being published less than 15 property such as patentable material, rehabilitation, and other business of the days prior to the meeting due to the timing and personal information concerning Board. limitations imposed by the review and individuals associated with the grant Place: Holiday Inn—Silver Spring, 8777 funding cycle. applications, the disclosure of which Georgia Avenue, Silver Spring, MD 20910. Information is also available on the Time: May 3, 2002, 8:30 a.m to institute’s/Center’s home page: www.nih.gov/ would constitute a clearly unwarranted od/oar/index.htm, where an agenda and any invasion of personal privacy. adjournment. Agenda: Same as above. additional information for the meeting will Name of Committee: National Institute of Place: Holiday Inn—Silver Spring, 8777 be posted when available. Alcohol Abuse and Alcoholism Special Georgia Avenue, Silver Spring, MD 20910. (Catalogue of Federal Domestic Assistance Emphasis Panel, HIV—K23 Application Contact Person: Ralph M. Nitkin, PhD, Program Nos. 93.14, Intramural Research Review. Director, BSCD, National Center for Medical Training Award; 93.187, Undergraduates Date: May 3, 2002. Rehabilitation Research, National Institute of Scholarship Program for Individuals from Time: 10 a.m. to 11 a.m. Child Health and Human Development, NIH, Disadvantaged Backgrounds; 93.22, Clinical Agenda: To review and evaluate grant 6100 Building, Room 2A03, Bethesda, MD Research Loan Repayment Program for applications. 20892. (301) 402–4206. Individuals from Disadvantaged Place: Willco Building, Suite 409, 6000 Information is also available on the Backgrounds; 93.232, Loan Repayment Executive Boulevard, Rockville, MD 20892. Institute’s/Center’s home page: Program for Research Generally; 93.39, (Telephone Conference Call). www.nichd.nih.gov/about/ncmrr.htm, where Academic Research Enhancement Awards; Contact Person L. Tony Beck, PhD, an agenda and any additional information for 93.936, NIH Acquired Immunodeficiency Scientific Review Administrator, National the meeting will be posted when available. Syndrome Research Loan Repayment Institutes on Alcohol Abuse and Alcoholism, Program, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance National Institutes of Health, Suite 409, 6000 Dated: April 9, 2002. Executive Blvd., MSC 703, Bethesda, MD Program Nos. 93.209, Contraception and 20892–7003. 301–443–0913. Infertility Loan Repayment Program; 93.864, LaVerne Y. Stringfied, [email protected]. Population Research; 93.865, Research for Directed, Office of Federal Advisory Mothers and Children; 93.929, Center for Committee Policy. (Catalogue of Federal Domestic Assistance Medical Rehabilitation Research, National Program Nos. 93.171, Alcohol Research Institutes of Health, HHS) [FR Doc. 02–9430 Filed 4–17–02; 8:45 am] Career Development Awards for Scientists BILLING CODE 4140–01–M and Clinicians; 93.272, Alcohol National Dated: April 9, 2002. Research Awards for Research Training; LaVerne Y. Stringfield, 93.273, Alcohol Research Programs; 93.891, Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Alcohol Research Center Grants, National Committee Policy. HUMAN SERVICES Institutes of health, HHS) [FR Doc. 02–9452 Filed 4–17–02; 8:45 am] Dated: April 9, 2002. BILLING CODE 4140–01–M National Institutes of Health LaVerne Y. Stringfield, Office of the Director, National Institute Director, Office of Federal Advisory Committee Policy. DEPARTMENT OF HEALTH AND of Health, Notice of Meeting [FR Doc. 02–9451 Filed 4–17–02; 8:45 am] HUMAN SERVICES Pursuant to section 10(d) of the BILLING CODE 4140–01–M Federal Advisory Committee Act, as National Institutes of Health amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the DEPARTMENT OF HEALTH AND Office of the Director, National Institutes of Health; Notice of Meeting Office of AIDS Research Advisory HUMAN SERVICES Council. Pursuant to section 10(a) of the The meeting will be open to the National Institutes of Health Federal Advisory Committee Act, as public, with attendance limited to space National Institute of Child Health and amended (5 U.S.C. Appendix 2), notice available. Individuals who plan to Human Development; Notice of is hereby given of a meeting of the attend and need special assistance, such Meeting Office of AIDS Research Advisory as sign language interpretation or other Council. reasonable accommodations, should Pursuant to section 10(a) of the The meeting will be open to the notify the Contact Person listed below Federal Advisory Committee Act, as public, with attendance limited to space in advance of the meeting.
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Name of Committee: Office of AIDS Name of Committee: Center for Scientific amended (5 U.S.C. Appendix 2), notice Research Advisory Council. Review Special Emphasis Panel. is hereby given of the following Date: April 17, 2002. Date: April 19, 2002. meetings. Time: 2 p.m. to Adjournment. Time: 4 p.m. to 5 p.m.. The meetings will be closed to the Agenda: NIH Plan for HIV-Related Agenda: To review and evaluate grant public in accordance with the Research; FY 2004 NIH Plan Area of applications. Emphasis; and general OARAC Discussions. Place: NIH, Rockledge 2, Bethesda, MD provisions set forth in sections Place: 9000 Rockville Pike, Building 31C, 20892, (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Conference Room 6, Bethesda, MD 20892. Contact Person: Alexander D. Ploitis, PhD, as amended. The grant applications and (Telephone Conference Call). Scientific Review Administrator, Center for the discussions could disclose Contact Person: Veronica Leftwich, Scientific Review, National Institutes of confidential trade secrets or commercial Program Analyst, Office of AIDS Research, Health, 6701 Rockledge Drive, Room 4204, property such as patentable material, National Institutes of Health, Building 2, MSC 7812, Bethesda, MD 20892, (301) 435– and personal information concerning Room 4W11, Bethesda, MD 20892. (301) 435– 1225, [email protected]. individuals associated with the grant This notice is being published less than 15 7698. applications, the disclosure of which This notice is being published less than 15 days prior to the meeting due to the timing day prior to the meeting due to the timing limitations imposed by the review and would constitute a clearly unwarranted limitation imposed by review and funding funding cycle. invasion of personal privacy. cycle. Name of Committee: Center for Scientific Name of Committee: Center for Scientific Information is also available on the Review Special Emphasis Panel. Review Special Emphasis Panel. Institute’s/Center’s home page: www.nih.gov/ Date: April 29, 2002. Date: April 17, 2002. od/oar/index.htm, where an agenda and any Time: 1 p.m. to 2 p.m.. Time: 9 a.m. to 10 a.m. additional information for the meeting will Agenda: To review and evaluate grant Agenda: To review and evaluate grant be posted when available. applications. applications. Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD (Catalogue of Federal Domestic Assistance 20892, (Telephone Conference Call). 20892. (Telephone Conference Call). Program Nos. 93.14, Intramural Research Contact Person: Michael A Oxman, PhD, Contact Person: Joseph Kimm, PhD, Training Award; 93.187, Undergraduate Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scholarship Program for Individuals from Scientific Review, National Institutes of Scientific Review, National Institutes of Disadvantaged Backgrounds; 93.22, Clinical Health, 6701 Rockledge Drive, Room 4112, Health, 6701 Rockledge Drive, Room 5178 Research Loan Repayment Program for MSC 7848, 301–435–3565, MSC 7844, Bethesda, MD 20892. (301) 435– Individuals from Disadvantaged [email protected]. 1249. Backgrounds; 93.232, Loan Repayment This notice is being published less than 15 This notice is being published less than 15 Program for Research Generally; 93.39, days prior to the meeting due to the timing days prior to the meeting due to the timing Academic Research Enhancement Award; limitations imposed by the review and limitations imposed by the review and 93.936, NIH Acquired Immunodeficiency funding cycle. funding cycle. Syndrome Research Loan Repayment Name of Committee: Center for Scientific Program, National Institutes of Health, HHS) Name of Committee: Center for Scientific Review Special Emphasis Panel. Review Special Emphasis Panel. Dated: April 11, 2002. Date: May 7, 2002. Date: April 23, 2002. Time: 11 a.m. to 12 p.m. Time: 3 p.m. to 4:30 p.m. LaVerne Y. Stringfield, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Director, Office of Federal Advisory applications. applications. Committee Policy. Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD [FR Doc. 02–9432 Filed 4–17–02; 8:45 am] 20892, (Telephone Conference Call). 20892. (Telephone Conference Call). BILLING CODE 4140–01–M Contact Person: Marcia Litwack, PhD, Contact Person: Marcia Litwack, PhD, Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institutes of Scientific Review, National Institutes of DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 4150, Health, 6701 Rockledge Drive, Room 4150, MSC 7804, Bethesda, MD 20892. (301) 435– HUMAN SERVICES MSC 7804, Bethesda, MD 20892, (301) 435– 1719. 1719. This notice is being published less than 15 (Catalogue of Federal Domestic Assistance National Institutes of Health days prior to the meeting due to the timing Program Nos. 93.306, Comparative Medicine, limitations imposed by the review and 93.306; 93.333, Clinical Research, 93.333, Center for Scientific Review; Notice of funding cycle. Closed Meetings 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Name of Committee: Center for Scientific Institutes of Health, HHS) Review Special Emphasis Panel. Pursuant to section 10(d) of the Date: April 29, 2002. Federal Advisory Committee Act, as Dated: April 11, 2002. Time: 1 p.m. to 2 p.m. amended (5 U.S.C. Appendix 2), notice LaVerne Y. Stringfield, Agenda: To review and evaluate grant is hereby given of the following Director, Office of Federal Advisory applications. meetings. Committee Policy. Place: NIH, Rockledge 2, Bethesda, MD 20892. (Telephone Conference Call). The meetings will be closed to the [FR Doc. 02–9422 Filed 4–17–02; 8:45 am] Contact Person: Eileen W. Bradley, DSC, public in accordance with the BILLING CODE 4140–01–M Scientific Review Administrator, Center for provisions set forth in sections Scientific Review, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 5120, as amended. The grant applications and DEPARTMENT OF HEALTH AND MSC 7854, Bethesda, MD 20892. (301) 435– the discussions could disclose HUMAN SERVICES 1179. [email protected]. confidential trade secrets or commercial This notice is being published less than 15 property such as patentable material, National Institutes of Health days prior to the meeting due to the timing and personal information concerning limitations imposed by the review and Center for Scientific Review; Notice of funding cycle. individuals associated with the grant Closed Meetings (Catalogue of Federal Domestic Assistance applications, the disclosure of which Program Nos. 93.306, Comparative Medicine, would constitute a clearly unwarranted Pursuant to section 10(d) of the 93.306; 93.333, Clinical Research, 93.333, invasion of personal privacy. Federal Advisory Committee Act, as 93.337, 93.393–93.396, 93.837–93.844,
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93.846–93.878, 93.892, 93.893, National Officer, Department of Housing and Status of the proposed information Institutes of Health, HHS) Urban Development, 451 7th Street, collection: Extension of a currently Dated: April 9, 2002. L’Enfant Plaza Building, Room 8003, approved collection. LaVerne Y. Stringfield, Washington, DC 20410. Authority: The Paperwork Reduction Act Director, Office of Federal Advisory FOR FURTHER INFORMATION CONTACT: of 1995, 44 U.S.C., Chapter 35, as amended. Committee Policy. Doretha Dabney, Branch Chief, Single Dated: April 11, 2002. Family Insurance Operations Branch, [FR Doc. 02–9443 Filed 4–17–02; 8:45 am] Sean G. Cassidy, BILLING CODE 4140–01–M U.S. Department of Housing and Urban Development, 451 7th Street SW, General Deputy Assistant Secretary for Housing-Deputy Federal Housing Washington, DC 20410, telephone (202) Commissioner. 708–1994, x3471 (this is not a toll free DEPARTMENT OF HEALTH AND [FR Doc. 02–9514 Filed 4–17–02; 8:45 am] HUMAN SERVICES number) for copies of the proposed forms and other available information. BILLING CODE 4210–27–M National Institutes of Health SUPPLEMENTARY INFORMATION: The Department is submitting the proposed Center for Scientific Review; Amended DEPARTMENT OF THE INTERIOR Notice of Meeting information collection to OMB for review, as required by the Paperwork Fish and Wildlife Service Notice is hereby given of a change in Reduction Act of 1995 (44 U.S.C. the meeting of the Center for Scientific Chapter 35, as amended). Receipt of Applications for Permit Review Special Emphasis Panel, April This Notice is soliciting comments 24, 2002, 12 p.m. to April 24, 2002, 1 comments from members of the public AGENCY: Fish and Wildlife Service, p.m., NIH Rockledge 2, Bethesda, MD, and affected agencies concerning the Interior. 20892 which was published in the proposed collection of information to: ACTION: Notice of receipt of applications Federal Register on April 5, 2002, 67 FR (1) Evaluate whether the proposed for permit. 16414–16415. collection is necessary for the proper The meeting has been changed to performance of the functions of the SUMMARY: The public is invited to April 19, 2002, from 11 a.m. to 12 p.m. agency, including whether the comment on the following applications The location remains the same. The information will have practical utility; to conduct certain activities with meeting is closed to the public. (2) Evaluate the accuracy of the agency’s endangered species and/or marine mammals. Dated: April 9, 2002. estimate of the burden of the proposed LaVerne Y. Stringfield, collection of information; (3) Enhance DATES: Written data, comments or the quality, utility, and clarity of the Director, Office of Federal Advisory requests must be received by May 20, Committee Policy. information to be collected; and (4) 2002. Minimize the burden of the collection of [FR Doc. 02–9444 Filed 4–17–02; 8:45 am] information on those who are to ADDRESSES: Documents and other BILLING CODE 4140–01–M respond; including the use of information submitted with these appropriate automated collection applications are available for review, techniques or other forms of information subject to the requirements of the DEPARTMENT OF HOUSING AND technology, e.g., permitting electronic Privacy Act and Freedom of Information URBAN DEVELOPMENT submission of responses. Act, by any party who submits a written request for a copy of such documents [Docket No. FR–4739–N–11] This Notice also lists the following information: within 30 days of the date of publication Notice of Proposed Information Title of Proposal: Single Family of this notice to: U.S. Fish and Wildlife Collection: Comment Request; Single Premium Collection Subsystem-Periodic Service, Division of Management Family Premium Collection (SFPCS–P). Authority, 4401 North Fairfax Drive, Subsystem-Periodic (SFPCS–P) OMB Control Number, if applicable: Room 700, Arlington, Virginia 22203; 2502–0536. fax 703/358–2281. AGENCY: Office of the Assistant Description of the need for the FOR FURTHER INFORMATION CONTACT: Secretary for Housing-Federal Housing information and proposed use: The Division of Management Authority, Commissioner, HUD. Mortgage Insurance Premium (MIP) telephone 703/358–2104. ACTION: Notice. detail is needed to determine if FHA has SUPPLEMENTARY INFORMATION: collected the required MIP for insured SUMMARY: The proposed information Endangered Species collection requirement described below cases and to comply with the Credit will be submitted to the Office of Reform Act. The public is invited to comment on Agency form numbers, if applicable: Management and Budget (OMB) for the following application(s) for a permit None. review, as required by the Paperwork to conduct certain activities with Estimation of the total numbers of Reduction Act. The Department is endangered species. This notice is hours needed to prepare the information soliciting public comments on the provided pursuant to Section 10(c) of collection including number of subject proposal. the Endangered Species Act of 1973, as respondents, frequency of response, and amended (16 U.S.C. 1531, et seq.). DATES: Comments Due Date: June 17, hours of response: The number of hours Written data, comments, or requests for 2002. needed to prepare the information copies of these complete applications ADDRESSES: Interested persons are collection is 21,600, the estimated should be submitted to the Director invited to submit comments regarding number of respondents is 1,800, the (address above). this proposal. Comments should refer to frequency of response is monthly the proposal by name and/or OMB generating 21,600 responses, and the PRT–054813 Control Number and should be sent: estimated time per response is Applicant: Donald O. Allen, Powhatan, Wayne Eddins, Reports Management approximately 1 hour. VA
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The applicant requests a permit to the regulations governing marine to conduct certain activities with import the sport-hunted trophy of one mammals (50 CFR 18). Written data, endangered species and/or marine male bontebok (Damaliscus pygargus comments, or requests for copies of the mammals. dorcas) culled from a captive herd complete applications or requests for a DATES: Written data, comments or maintained under the management public hearing on these applications requests must be received by May 20, program of the Republic of South Africa, should be submitted to the Director 2002. for the purpose of enhancement of the (address above). Anyone requesting a survival of the species. hearing should give specific reasons ADDRESSES: Documents and other why a hearing would be appropriate. information submitted with these PRT–054314 The holding of such a hearing is at the applications are available for review, Applicant: Jose N. Caballero, Hialean, discretion of the Director. subject to the requirements of the FL Privacy Act and Freedom of Information PRT–054026 The applicant requests a permit to Act, by any party who submits a written import the sport-hunted trophy of one Applicant: Hubbs-Sea World Research request for a copy of such documents male bontebok (Damaliscus pygargus Institute, San Diego, CA within 30 days of the date of publication dorcas) culled from a captive herd Permit Type: Take for scientific of this notice to: U.S. Fish and Wildlife maintained under the management research. Service, Division of Management program of the Republic of South Africa, Name and Number of Animals: West Authority, 4401 North Fairfax Drive, for the purpose of enhancement of the Indian manatee (Trichechus manatus Room 700, Arlington, Virginia 22203; survival of the species. latirostris); 33. fax 703/358–2281. Summary of Activity to be FOR FURTHER INFORMATION CONTACT: PRT–054871 Authorized: The applicant requests a Division of Management Authority, Applicant: Brandon Glen McGraw, permit to conduct scientific research telephone 703/358–2104. Granbury, TX with 13 captive-held animals and 20 SUPPLEMENTARY INFORMATION: The applicant requests a permit to wild animals involving measuring the Endangered Species import the sport-hunted trophy of one animals’ sonar acoustic reflectivity. male bontebok (Damaliscus pygargus Source of Marine Mammals: Captive- The public is invited to comment on dorcas) culled from a captive herd held animals at Sea World of San Diego the following application(s) for a permit maintained under the management and Orlando; wild animals in the Indian to conduct certain activities with program of the Republic of South Africa, River Lagoon, Brevard County, Florida. endangered species. This notice is for the purpose of enhancement of the Period of Activity: Up to 2 years after provided pursuant to Section 10(c) of survival of the species. issuance of permit. the Endangered Species Act of 1973, as Concurrent with the publication of amended (16 U.S.C. 1531, et seq.). PRT–053985 this notice in the Federal Register, the Written data, comments, or requests for Applicant: Saint Louis Zoo, Saint Louis, Division of Management Authority is copies of these complete applications MO forwarding copies of the above should be submitted to the Director The applicant requests a permit to application to the Marine Mammal (address above). Commission and the Committee of import biological samples from various PRT–055055 lemur species (Eulemur sp.) collected in Scientific Advisors for their review. The U.S. Fish and Wildlife Service the wild in Madagascar for the purpose Applicant: Clifford G. Graycheck, Jr., has information collection approval of scientific research. This notification Lake, MI from OMB through March 31, 2004, covers activities conducted by the The applicant requests a permit to OMB Control Number 1018–0093. applicant over a five year period. import the sport-hunted trophy of one Federal Agencies may not conduct or male bontebok (Damaliscus pygargus PRT–809347 & 809349 sponsor and a person is not required to dorcas) culled from a captive herd Applicant: Hawthorn Corporation, respond to a collection of information maintained under the management Grayslake, IL unless it displays a current valid OMB program of the Republic of South Africa, control number. The applicant requests the re-issuance for the purpose of enhancement of the of their permits to re-export and re- Dated: March 28, 2002. survival of the species. import Asian elephants (Elephas Anna Barry, PRT–054887 maximus) and progeny of the animals Senior Permit Biologist, Branch of Permits, currently held by the applicant and any Division of Management Authority. Applicant: William G. Hawes, Smith animals acquired in the United States by [FR Doc. 02–9476 Filed 4–17–02; 8:45 am] Center, KS the applicant to/from worldwide BILLING CODE 4310–55–P The applicant requests a permit to locations to enhance the survival of the import the sport-hunted trophy of one species through conservation education. male bontebok (Damaliscus pygargus This notification covers activities DEPARTMENT OF THE INTERIOR dorcas) culled from a captive herd conducted by the applicant over a three maintained under the management year period. Fish and Wildlife Service program of the Republic of South Africa, for the purpose of enhancement of the Marine Mammals Receipt of Applications for Permit survival of the species. The public is invited to comment on AGENCY: Fish and Wildlife Service, PRT–054962 the following application(s) for a permit Interior. Applicant: Alme J. Hutchins, Sierra to conduct certain activities with marine ACTION: Notice of receipt of applications Madre, CA mammals. The application(s) was for permit. submitted to satisfy requirements of the The applicant requests a permit to Marine Mammal Protection Act of 1972, SUMMARY: The public is invited to import the sport-hunted trophy of one as amended (16 U.S.C. 1361 et seq.) and comment on the following applications male bontebok (Damaliscus pygargus
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dorcas) culled from a captive herd sport hunted from the Northern Beaufort FOR FURTHER INFORMATION CONTACT: Mr. maintained under the management Sea polar bear population in Canada, for David Dell, Regional HCP Coordinator, program of the Republic of South Africa, personal use. (see ADDRESSES above), telephone: 404/ for the purpose of enhancement of the 679–7313, facsimile: 404/679–7081, e- PRT–055028 survival of the species. mail: david—[email protected]; or Ms. Applicant: Francis J. Kelsch, PRT–054860 Celeste South, Fish and Wildlife Bechtelsville, PA Biologist, Daphne Field Office, Alabama Applicant: Dr. Nicola Mitchell, c/o Dr. The applicant requests a permit to (see ADDRESSES above), telephone: 251/ Mary Packard, Colorado State import a polar bear (Ursus maritimus) 441–5181. University, Ft. Collins, CO sport hunted from the Northern Beaufort Correction: In the Federal Register of The applicant requests a permit to Sea polar bear population in Canada, for April 9, 2002, in FR Doc. 02–8491, on import specimens of Brother’s Island personal use. page 17089, correct the third sentence to tuatara (Sphenodon guntheri), derived read: The proposed action includes from wild collected eggs in New PRT–055070 implementation of the Habitat Zealand, for the purpose of scientific Applicant: Charles C. Marvin, West Conservation Plan (HCP) jointly research. This notification covers Fargo, ND. developed by the Applicants, as activities conducted by the applicant required by section 10(a)(2)(B) of the The applicant requests a permit to over a five year period. Act, to minimize and mitigate for import a polar bear (Ursus maritimus) incidental take of the Federally-listed, PRT–800411 sport hunted from the Lancaster Sound endangered Alabama beach mouse polar bear population in Canada, for Applicant: USFWS—National Black- (Peromyscus polionotus ammobates) personal use. Footed Ferret Conservation Center, (ABM), and to avoid incidental take of Laramie, WY The U.S. Fish and Wildlife Service the Federally-listed endangered Kemp’s The applicant requests a renewal of has information collection approval ridley sea turtle (Lepidochelys kempii), their permit to import/export live from OMB through March 31, 2004, the threatened green sea turtle (Chelonia captive-born specimens, biological OMB Control Number 1018–0093. mydas), and the threatened loggerhead samples, and salvaged material of black- Federal Agencies may not conduct or sea turtle (Caretta caretta). footed ferrets (Mustela nigripes) for the sponsor and a person is not required to Correct the fourth sentence to read: purpose of scientific research and respond to a collection of information The subject permits would authorize enhancement of propagation and unless it displays a current valid OMB take of ABM along 2,844 linear feet of survival of the species as prescribed in control number. coastal dune habitat fronting the Gulf of Service recovery documents. This Dated: April 5, 2002. Mexico in Baldwin County, Alabama. notification covers activities conducted Michael S. Moore, by the applicant over a five year period. Dated: April 9, 2002. Senior Permit Biologist, Branch of Permits, Cynthia K. Dohner, Division of Management Authority. Marine Mammals Acting Regional Director. [FR Doc. 02–9477 Filed 4–17–02; 8:45 am] The public is invited to comment on [FR Doc. 02–9467 Filed 4–17–02; 8:45 am] BILLING CODE 4310–55–P the following application(s) for a permit BILLING CODE 4310–55–P to conduct certain activities with marine mammals. The application(s) was DEPARTMENT OF THE INTERIOR submitted to satisfy requirements of the DEPARTMENT OF THE INTERIOR Marine Mammal Protection Act of 1972, Fish and Wildlife Service as amended (16 U.S.C. 1361 et seq.) and Fish and Wildlife Service the regulations governing marine Notice of Availability of Environmental Conference of the Parties to the mammals (50 CFR 18). Written data, Assessment and Finding of No Convention on International Trade in comments, or requests for copies of the Significant Impact for Issuance of Endangered Species of Wild Fauna complete applications or requests for a Incidental Take Permits to Gulf and Flora (CITES); Twelfth Regular public hearing on these applications Highlands LLC and Fort Morgan Meeting; Proposed Resolutions, should be submitted to the Director Paradise Joint Venture on Privately Decisions, and Agenda Items Being (address above). Anyone requesting a Owned Lands in Alabama; Correction Considered; Taxa Being Considered hearing should give specific reasons for Amendments to the CITES why a hearing would be appropriate. AGENCY: Fish and Wildlife Service, Appendices; Public Meeting Reminder The holding of such a hearing is at the Interior. discretion of the Director. ACTION: Notice of availability; AGENCY: Fish and Wildlife Service, PRT–054830 correction. Interior. ACTION: Notice. Applicant: Byron Goode Sadler, Lake The U.S. Fish and Wildlife Service Jackson, TX (Service) published a document in the SUMMARY: The United States, as a Party The applicant requests a permit to Federal Register of April 9, 2002, to the Convention on International import a polar bear (Ursus maritimus) announcing our intent to issue Trade in Endangered Species of Wild sport hunted from the Northern Beaufort incidental take permits to Gulf Fauna and Flora (CITES), may submit Sea polar bear population in Canada, for Highlands LLC and Fort Morgan proposed resolutions, decisions, and personal use. Paradise Joint Venture for residential agenda items for consideration at development in Alabama, pursuant to meetings of the Conference of the PRT–055029 section 10(a)(1)(B) of the Endangered Parties to CITES. The United States may Applicant: Harry M. League, Arlington Species Act of 1973, as amended (Act). also propose amendments to the CITES Heights, IL The document incorrectly stated that Appendices for consideration at The applicant requests a permit to incidental take authority would be meetings of the Conference of the import a polar bear (Ursus maritimus) granted for three species of sea turtle. Parties. The twelfth regular meeting of
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the Conference of the Parties to CITES materials received will be available for COP12. Information on that Federal (COP12) will be held in Santiago, Chile, public inspection, by appointment, from Register notice, and on species November 3–15, 2002. With this notice 8 a.m. to 4 p.m., Monday through amendment proposals, is available from we: describe the U.S. approach for Friday, at either the Division of the Division of Scientific Authority at COP12;describe resolutions, decisions, Management Authority or the Division the above address. We published our and agenda items that the United States of Scientific Authority. second such Federal Register notice on is considering submitting for FOR FURTHER INFORMATION CONTACT: July 25, 2001 (66 FR 38739), and with consideration at COP12; describe Andrea Gaski, Division of Management it we requested information and proposed amendments to the CITES Authority, Branch of CITES Operations, recommendations on potential Appendices (species proposals) that the phone: 703/358–2095, fax: 703/358– resolutions, decisions, and agenda items United States is considering submitting 2298, E-mail: [email protected]; or Robert R. for the United States to submit for for consideration at COP12; invite your Gabel, Division of Scientific Authority, consideration at COP12. You may obtain comments and information on these phone: 703/358–1708, fax: 703/358– information on that Federal Register potential proposals; and remind you of 2276, E-mail: notice, and on proposed resolutions, a public meeting to discuss these [email protected]. proposed decisions, and agenda items, potential submissions, which was from the Division of Management SUPPLEMENTARY INFORMATION: announced in our Federal Register Authority at the above address. We notice of March 27, 2002 (67 FR 14728). Background published our third such Federal DATES: The public meeting will be held The Convention on International Register notice on March 27, 2002 (67 on April 17, 2002, at 1:30 p.m. We will Trade in Endangered Species of Wild FR 14728), and with it we announced a consider written information and Fauna and Flora, hereinafter referred to public meeting to discuss potential comments you submit concerning as CITES or the Convention, is an species proposals, proposed resolutions, potential species proposals, proposed international treaty designed to control proposed decisions, and agenda items resolutions, proposed decisions, and and regulate international trade in that the United States is considering agenda items that the United States is certain animal and plant species that are submitting for consideration at COP12. considering submitting for now or potentially may be threatened With that notice, we also provided consideration at COP12, and other items with extinction if their trade is not information on how non-governmental relating to COP12, if we receive them by controlled. These species are listed in organizations based in the United States May 17, 2002. Appendices to CITES, copies of which can attend COP12 as observers. You ADDRESSES: are available from the Division of may locate our regulations governing Management Authority or the Division this public process in 50 CFR 23.31– Public Meeting of Scientific Authority at the above 23.39. The public meeting will be held in addresses, from our World Wide COP12 is scheduled to be held in Sidney Yates Auditorium, in the Website at http://international.fws.gov/ Santiago, Chile, November 3–15, 2002. Department of the Interior at 18th and cites/cites.html, or from the official I. U.S. Approach for COP12 C Streets, NW., Washington, DC CITES Secretariat Website at http:// Directions to the building can be www.cites.org/eng/append/index.shtml. What are the Priorities for U.S. obtained by contacting the Division of Currently, 157 countries, including the Submissions to COP12? Management Authority (see ‘‘FOR United States, are Parties to CITES. Priorities for U.S. submissions to FURTHER INFORMATION CONTACT,’’ below). CITES calls for biennial meetings of the COP12 continue to be consistent with Please note that Sidney Yates Conference of the Parties, which review the overall objective of U.S. Auditorium is accessible to the its implementation, make provisions participation in the Convention: to handicapped and all persons planning enabling the CITES Secretariat in maximize the effectiveness of the to attend the meeting will be required to Switzerland to carry out its functions, Convention in the conservation and present photo identification when consider amendments to the list of sustainable use of species subject to entering the building. Persons who plan species in Appendices I and II, consider international trade. During the public to attend the meeting and who require reports presented by the Secretariat, and review process, we have identified over interpretation for the hearing impaired make recommendations for the 80 proposals for amendments of the should notify the Division of improved effectiveness of CITES. Any Appendices (species listing proposals), Management Authority as soon as country that is a Party to CITES may resolutions, decisions, and agenda items possible. propose amendments to Appendices I for possible submission for and II, resolutions, decisions, and consideration at COP12. The majority of Comment Submission agenda items for consideration by the comments received through the public Comments pertaining to proposed other Parties. review process involved statements of resolutions, proposed decisions, and/or This is our fourth in a series of support or disagreement for the various agenda items should be sent to the Federal Register notices that, together proposed actions with little biological or Division of Management Authority; U.S. with announced public meetings, trade information or supporting Fish and Wildlife Service; 4401 North provide you with an opportunity to justification. Fairfax Drive; Room 700; Arlington, VA participate in the development of the We have undertaken initial 22203, or via E-mail at: [email protected], or United States’ negotiating positions for assessments of the available trade and via fax at: 703/358–2298. Comments the twelfth regular meeting of the biological information on all of the pertaining to species proposals should Conference of the Parties to CITES species listing proposals as well as be sent to the Division of Scientific (COP12). We published our first such pertinent available data and information Authority; U.S. Fish and Wildlife Federal Register notice on June 12, 2001 on the proposed resolutions, decisions, Service; 4401 North Fairfax Drive; Room (66 FR 31686), and with it we requested and agenda items. These assessments 750; Arlington, VA 22203, or via E-mail information and recommendations on were made by considering the quality of at: [email protected], or via potential species amendments for the information available; the presence, fax at: 703/358–2276. Comments and United States to consider proposing at absence, and effectiveness of other
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mechanisms that may preclude the need (3) Does the proposed action address process leading up to the June 6, 2002, for a CITES action to help conserve difficulties in implementing or deadline for submission of proposals to species in trade, and the relative interpreting the Convention by the the CITES Secretariat. importance of the need for and expected United States as an importing or II. Recommendations for Resolutions, benefit of the proposed action. In exporting country, and would the Decisions, and Agenda Items for the addition to the information available on proposed action contribute to the United States to Consider Submitting at the various proposals, we also effective implementation of the COP12 considered the following factors in Convention by all Parties? Differences in arriving at the current provisional interpretation of the Convention by 157 In our Federal Register notice determinations: Party nations can result in published on July 25, 2001 (66 FR (1) Does the proposed action address inconsistencies in the way it is 38739), we requested information and a serious wildlife trade issue that the implemented. In addition, wildlife trade recommendations on potential United States is experiencing as a range is dynamic and ever-changing, thus resolutions, decisions, and agenda items country for species in trade? Since our presenting problems when established for the United States to submit for primary responsibility is the procedures are not readily applicable to consideration at COP12. We received conservation of our domestic wildlife new situations. The United States recommendations for resolutions, resources, we will give native species experiences some of these problems and decisions, and agenda items from the our highest priority. We will place inconsistencies directly through its own following organizations or individuals: particular emphasis on terrestrial and imports and exports, but we also learn Earthtrust; International Primate freshwater species with the majority of of these difficulties through our Protection League; International their range in the United States and its participation in various fora, such as the Wildlife Coalition; International Wood territories that are or may be in CITES Standing Committee and the Products Association; Minnesota significant trade; marine species that technical committees, and through Natural Heritage and Nongame Research occur in U.S. waters or for which the discussions with other countries, non- Program; Safari Club International; and United States is a major importer; and governmental organizations, and the Whale and Dolphin Conservation threatened and endangered species for Secretariat. When the United States Society. which we and other Federal and State cannot resolve these difficulties We considered all of the agencies already have statutory unilaterally or through one-on-one recommendations of the above responsibility for protection and discussions with trading partners, it organizations and individuals, as well recovery. We also consider CITES may propose resolutions or decisions, as the U.S. approach for COP12 listings as a proactive measure to usually in collaboration with other discussed above, when compiling a list monitor and manage trade in native Parties, or have these topics placed on of possible resolutions, decisions, and species to preclude the need for the the agenda of the Conference of the agenda items that the United States is application of stricter measures, such as Parties for discussion by all of the likely to submit for consideration by the listing under the Endangered Species Parties. Parties at COP12; and when compiling (4) Does the proposed action improve Act and/or inclusion in CITES lists of resolutions, decisions, and implementation of the Convention by Appendix I. agenda items for consideration at COP12 increasing the quality of information that the United States either is currently (2) Does the proposed action address and expertise used to support decisions a serious wildlife trade issue for species undecided about submitting, is not by the Parties? With increased considering submitting at this time, or not native to the United States? As a complexity, sophistication, and major importer of wildlife and wildlife plans to address in other ways. There specialization in the biological sciences are some issues for which the United products, the United States has taken and other disciplines, it is critical that responsibility, by working in close States may consider submitting the CITES Parties have the best available documents, depending on the outcome consultation with range countries, for information upon which to base addressing cases of potential over- of discussions in the CITES Animals, decisions that affect the conservation of Plants, and Standing Committees, or exploitation of exotic species in the wildlife resources as well as local wild. In some cases, the United States additional consultations with range peoples and economies. Where country governments and may not be a range country or a appropriate, the United States will significant trading country for a species, knowledgeable experts. recommend actions to ensure the We welcome your comments and but we will work closely with other availability of up-to-date and accurate countries to conserve species being information submissions regarding the information to the Parties, including resolutions, decisions, and agenda items threatened by unsustainable global through the establishment of trade. We will consider CITES listings that the United States is likely to relationships with relevant international submit, currently undecided about for species not native to the United bodies, including other conventions, States, but for which we are a major submitting, or currently not planning to interjurisdictional resource management submit. importer, if that listing will assist in agencies, and international non- addressing cases of potential governmental organizations with A. What Resolutions, Decisions, and overexploitation of exotic species in the relevant expertise. Agenda Items is the United States Likely wild, and in preventing illegal, This notice provides a summary of To Submit for Consideration at COP12? unregulated trade. These species will be our initial assessments and a prioritized based on the extent of trade preliminary likelihood of our submitting 1. Process for Establishment, and status of the species, and also the species proposals, resolutions, Implementation, and Monitoring of role the species play in the ecosystem, decisions, or agenda items for Appendix-II Export Quotas with emphasis on those species for consideration at COP12. Final decisions The United States is considering which a CITES listing would offer the on proposals for submission for COP12 submitting a document related to the greatest conservation benefits to the will be made following a review and establishment and implementation of species, associated species, and their analysis of any additional information CITES Appendix-II export quotas, as habitat. provided through the public review well as to current problems related to
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monitoring and regulating appropriate necessarily the characteristics of the 2000, which proposed that the trade use of such quotas. The United States is specimens themselves, as well as the restrictions on crocodilian skin a major importer of live wildlife and fact that the Convention already swatches be reviewed to determine if wildlife products covered by export contains specific provisions for streamlined permit procedures could be quotas. exempting such specimens in Article adopted for samples being taken to The use of Appendix-II export quotas VII, paragraph 6. This exemption is international trade shows, provided has increased significantly over the past implemented through a registration they were not sold at such exhibitions. several years, and, in 2001, 74 Parties process described in Resolution Conf. The United States submitted this draft and one non-Party reported such quotas 11.15. We received a comment from the decision in an attempt to lessen the to the CITES Secretariat (Notification to Minnesota Natural Heritage and regulatory burden and facilitate the Parties No. 2001/041; ‘‘Revised Nongame Research Program suggesting legitimate trade movements of export quotas for 2001’’). In Notification difficulties in the cross-border processed crocodilian skin samples, to the Parties No. 2001/044 movement of vegetative material of which, in our opinion, pose minimal (‘‘Management of export quotas and CITES-listed species for genetic conservation risks. combating fraudulent use of permits and analyses. In addition, we have heard A decision was adopted at COP11 certificates’’), the Secretariat noted that comments from scientists both within (Decision 11.164; Regarding Movement the Standing Committee, at its forty-fifth the United States and elsewhere of Sample Reptile Skins and Other meeting, accepted a report from the regarding the lack of implementation of Related Products) requiring the Secretariat which was concerned, in the exemption for scientific specimens Secretariat to study this issue with the part, with the management of export in many countries, and we have Animals Committee, World quotas and current practices in this area encountered examples of misapplication Conservation Union (IUCN) Crocodile that are subject to abuse. While this of the exemption in the issuance of Specialist Group, and the World Notification included a number of permits by some countries. Comments Customs Organization. Decision 11.164 excellent recommendations to the from scientists have focused mainly on also expanded the scope of this issue by Parties as to how they could improve the difficulties encountered in including skin samples from all reptile the management of their export quota attempting to exchange specimens species, not just crocodilians. The programs, we believe that the quota among institutions for study for Secretariat is required to submit a process would benefit from a more taxonomic review, often as part of resolution to COP12 on this issue, based encompassing review and biodiversity surveys to document the on these discussions. standardization. biota of a country or region. This work The United States proposes a draft Under CITES, there is no formal provides an essential foundation for negotiating position that supports expansion of this streamlined process to generic document that provides conservation efforts at both the species guidance to the Parties on the skin samples of all CITES-listed reptile and ecosystem levels. establishment, implementation, We note that the CITES Parties, in species currently in trade. Sample monitoring, and regulation of a program Conf. 11.15, recommended that ‘‘Parties pieces of reptile skins are used to for Appendix-II export quotas. While a take every opportunity within the scope provide a buyer or potential buyer a way number of Resolutions are concerned of the Convention to encourage to determine the quality of tanning and with export quotas for Appendix-I scientific research on wild fauna and the color of skins. Although the samples species (such as Resolution Conf. 10.15 flora, where this may be of use in themselves are not for sale, they are (Rev.); ‘‘Establishment of quotas for conserving species that are threatened used to generate sales. The international markhor hunting trophies’’), there is no with extinction or that may become so.’’ movement of these samples generates equivalent Resolution for export quotas We are concerned that the lack of considerable paperwork for both the for Appendix-II species, which implementation of the provisions of the importing and exporting countries and comprise the vast majority of trade Convention to facilitate scientific may result in delays for the importer under CITES export quotas. exchange may be hampering much- and/or exporter. We believe a The United States is undecided at this needed work in the area of biodiversity streamlined permit system could point in time as to whether it would be assessments and conservation. facilitate legitimate trade in reptile skin more appropriate to submit, for Therefore, the United States plans to samples, while maintaining strict consideration at COP12, a draft develop a discussion document for permitting requirements for commercial resolution or a discussion document on presentation at COP12 to ask the Parties trade in products. this issue. We plan to discuss this in The United States is considering to consider ways to encourage broader greater detail with the Secretariat prior submitting a draft resolution on this implementation of the scientific to making a final decision. issue, but is currently undecided exchange procedures of Conf. 11.15, and pending the receipt of information from 2. Exchange of Scientific Specimens to make these procedures known to the the Secretariat on the content of the scientific community. At the eleventh meeting of the Plants resolution that they will submit to Committee in September 2001, B. On What Resolutions, Decisions, and COP12. The United States may develop Switzerland submitted a proposal to Agenda Items Is the United States Still a negotiating position in support of the exempt herbarium specimens of Undecided, Pending Additional Secretariat’s resolution, or it may elect Appendix-II plant species from CITES Information and Consultations? to submit an alternative draft resolution controls. The Swiss proposal would on this issue. The United States will 1. Establishment of Streamlined have annotated plant listings so that make a decision on this issue after Procedures for Transporting Crocodilian such specimens would be treated as reviewing the draft resolution prepared and Other Reptile Product Samples parts or derivatives that would have by the Secretariat. been excluded from the listings. This Across International Borders proposal was opposed by the United The United States submitted a draft 2. Biological Listing Criteria States and others on the basis that the decision (Doc. 11.52) to the eleventh At the ninth regular meeting of the exemption was based on the purpose of meeting of the Conference of the Parties Conference of the Parties to CITES the trade in such specimens, not to CITES (COP11) in Kenya in April (COP9), the Parties adopted new criteria
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for listing and de-listing species in the The fifty-fourth meeting of the IWC October 2001 in Windhoek, Namibia, Appendices. These criteria, contained in will be convened in Shimonoseki, resulted not only in the generation of Resolution Conf. 9.24, were more Japan, May 20–23, 2002. The United important contributions to the CITES quantitative than previous guidelines States will be particularly interested in Criteria Review, but in a strong and provided a format for proposals to population assessments for whale collaboration between the two bodies. add or delete taxa from Appendices I species that are currently subject to As marine issues gain more attention in and II. Conf. 9.24 also requires an commercial and scientific whaling, or CITES, cooperation between the two evaluation of the effectiveness and that may be targeted for future whaling. fora will become more important and applicability of the new criteria before Based on the results of the IWC meeting, should be encouraged. The United COP12. Toward that end, a Criteria the United States may submit a draft States is considering but is currently Working Group was established at resolution or discussion document for undecided on whether to submit a COP11 to review the criteria, gather consideration at COP12, concerning discussion document to promote this input from the Animals and Plants whaling and whale stocks under the cooperation. Committees and from the Parties, and competence of the IWC. 6. Protocol Concerning Specially make recommendations for improving 4. Introduction From the Sea Protected Areas and Wildlife (SPAW) in the criteria. The United States has the Wider Caribbean Region played an active role in the Criteria Article IV of the Convention has Working Group, and submitted detailed provisions for trade in CITES-listed The United States received a comments on each of its reports. The species taken in the marine recommendation from the International environment outside the jurisdiction of Chairs of the Animals and Plants Wildlife Coalition that it propose a any country (the high seas), known as Committees reviewed the final resolution at COP12 calling for closer ‘‘introduction from the sea.’’ At COP11 recommendations of the Working Group cooperation between the Secretariats of in April 2000, the Government of and comments by the Parties, and CITES and the SPAW Protocol. The Australia submitted a draft resolution reported to the Standing Committee in United States notes the initiative of the (Doc. 11.18) on interpretation and March 2002. We are currently reviewing CITES Secretariat (approved at COP11) implementation of CITES regarding these final recommendations, which, we to closely collaborate with Secretariats introduction from the sea. The Parties believe, should promote precautionary, of Regional Seas Conventions and other were unable to reach agreement on a objective, and scientific evaluation of regional United Nations Environment resolution and continue to disagree on species in international trade. After how to apply the Convention when Programme (UNEP) offices, as well as reviewing the recommendations of the specimens enter trade from the high the Secretariats of other biodiversity- Standing Committee, the United States seas. This has hindered a thorough related Multilateral Environmental may consider submitting a proposal at discussion of listing proposals for Agreements (MEAs) in matters of COP12 to improve or expand upon the certain marine species. The United implementation, enforcement, and recommendations, if we feel it is States believes there is still a need for capacity building at the regional level. prudent to increase emphasis on the the Parties to agree to a standard At the First Meeting of the Contracting precautionary approach or certain interpretation of terms and an Parties to SPAW, a decision was taken scientific principles, or make the criteria internationally accepted system to to promote and facilitate the conclusion more risk averse. implement introduction from the sea. In of Memoranda of Understanding 3. Concerning Whaling and Whale February 2002, the Sub-Committee on between the two Secretariats and to Stocks Fish Trade (within the Committee on conclude an agreement for a two-year Fisheries [COFI] of the Food and pilot on the joint funding of a The United States continues to Agriculture Organization of the United Programme Officer in the Regional Co- participate in efforts in the International Nations [FAO]) met in Bremen, ordinating Unit of the Caribbean Whaling Commission (IWC) to develop Germany, to develop a work plan to Environment Programme. The United a Revised Management Scheme that explore CITES issues related to States is undecided whether it may be includes an effective inspection and international fish trade. The United appropriate to submit a draft resolution observation scheme in the event that the States participated in the meeting. The at COP12 to reinforce this effort. moratorium on commercial whaling is United States is currently undecided on 7. Collaboration Between CITES and the lifted. This is important to the whether to develop a discussion World Customs Organization deliberations under CITES because, in document on this issue for COP12. We 1978, the IWC requested the assistance believe introduction from the sea One of the objectives of the CITES of CITES in enforcing its moratorium on warrants further discussion and ‘‘Strategic Vision through 2005,’’ commercial whaling. This request was welcome draft language or comments. adopted by the Parties at COP11, is for answered by the CITES Parties in CITES to increase cooperation and Resolution Conf. 2.9 (later incorporated 5. Relationship Between CITES and coordination with related conventions, into Resolution Conf. 11.4; Conservation FAO agreements, and associations. The of cetaceans, trade in cetacean At its twenty-fourth meeting United States agrees with this objective specimens and the relationship with the (February-March 2001), the COFI of and is very supportive of synergy and International Whaling Commission), FAO took two decisions concerning cooperation with international which recommended that ‘‘the Parties CITES. It dictated that: (a) A Technical organizations, including the World agree not to issue any import or export Consultation be convened to review the Customs Organization (WCO). The permit or certificate’’ for international CITES listing criteria as they relate to United States is considering whether to commercial trade in whale species. commercially exploited marine species; submit a discussion document to COP12 These complementary actions and (b) the Sub-Committee on Fish to promote collaboration between CITES established a strong relationship Trade at its February 2002 meeting in Parties and the WCO. The United States between the two organizations, whereby Bremen, Germany, develop a plan for remains undecided as to whether to CITES has agreed to reflect IWC review of CITES issues. The Technical submit a discussion document to COP12 decisions in its Appendices. Consultation, which was convened in on this issue. We are seeking your
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comments and information submissions as revised by the Standing Committee, C. What Resolutions, Decisions, and regarding this matter. would then be submitted for Agenda Items Is the United States Not Planning To Submit for Consideration at 8. Implementation Issues Related to consideration at COP12. COP12, Unless it Receives Significant Appendix-III Timber Species Based on input from the working Additional Information? We received a comment from the group, the Secretariat submitted for International Wood Products consideration at the forty-sixth meeting 1. Use of a Standardized, Externally Association (IWPA) requesting that the of the Standing Committee a document Verified DNA Testing Protocol for United States submit to COP12 the that included a draft amendment to Species Determination recommendations that it presented in CITES Resolution Conf. 11.1 We received comments from document Doc. PC.11.24.5 at the (Establishment of Committees) to Earthtrust recommending that the eleventh meeting of the Plants establish an Implementation United States propose a resolution for Committee, which were intended to Subcommittee under the Standing COP12 that sets forth a standardized, help the Parties implement new Committee to deal with implementation externally verified DNA market testing Appendix-III timber listings. The IWPA issues, such as those that the United protocol to be employed whenever DNA pointed out that implementation of the States presented to the Plants testing of any species is used to monitor recent listing of ramin (Gonystylus spp.) Committee in Doc. PC.11.24.5. However, and enforce the Convention. The United in Appendix III by Indonesia proved to in its document, the Secretariat States has actively participated in efforts be difficult for IWPA members due to recommended against establishing an aimed at developing protocols for and conflicting and incomplete information, Implementation Subcommittee. In coordination of activities concerning and that members experienced costly addition, some Parties had concerns DNA testing in both the International delays as shipments were held up at Whaling Commission (IWC) and CITES, about such a permanent subcommittee. ports of import due to confusion over and will continue to do so. Although Subsequently, at its forty-sixth meeting, the effective date of the listing as well Earthtrust’s focus is on whales, the as to what types of ramin wood the Standing Committee reconvened its proposed resolution language would products were regulated. working group and tasked it with affect all current DNA testing for CITES Since COP11, two new timber species, reviewing, during the course of the enforcement in the United States and Spanish cedar (Cedrela odorata) and meeting, the Secretariat’s document. would overrule our ability to conduct ramin have been listed in CITES The working group discussed various testing by requiring that all testing be Appendix III. The United States, a major means of addressing the need for a body done by an independent laboratory. importing country of both species, was within CITES to address Therefore, although the United States not consulted by the listing countries implementation issues, while taking strongly believes that DNA testing prior to the listings, as recommended in into consideration the concerns of the should be an open, transparent process, Resolution Conf. 9.25 (Rev.). We believe Secretariat and some of the Parties. One we do not intend to propose a resolution that lack of such consultation of other of the options discussed by the working mandating a standardized DNA testing range countries and major importing group was to change the structures or protocol for all CITES species countries prior to an Appendix-III Terms of References of the technical determinations. However, the United listing, particularly a listing of a timber committees (Animals and Plants States will continue to work within the species, may hinder the abilities of Committees) within CITES to better IWC on appropriate whale DNA testing those countries to implement the listing address implementation issues. The protocols that allow transparency and in a timely and effective manner, and issue was not resolved at the forty-sixth external scrutiny. does not provide those countries with meeting of the Standing Committee, and an opportunity to comment on the 2. Guidelines for Handling and potential effects of a given Appendix-III was referred to the forty-seventh Disposition of Confiscated Non-Human listing. Also, U.S. port inspection meeting, immediately preceding COP12, Primates officials have encountered difficulties in for further discussion. The International Primate Protection identifying and inspecting shipments of The United States submitted a League (IPPL) and the International timber products for Appendix-III timber discussion document at the forty-sixth Wildlife Coalition proposed that the species, such as ramin, whose listings meeting of the Standing Committee on United States submit a resolution are not annotated to include only logs, the issue of implementation problems outlining confiscation and disposition sawn wood, and veneer sheets. related to the inclusion in the CITES procedures for live primates. The The United States is considering, but listings of secondary products, International Wildlife Coalition also remains undecided, about submitting a including those from Appendix-III proposed that this resolution provide discussion document to COP12 to raise timber species. The United States specific guidance to Parties on the issue of problems experienced by intends to analyze the Standing confiscation procedures when there is a the Parties in implementing the recent Committee’s discussions of this issue risk, or perceived risk, that an animal Appendix-III timber listings and provide could transmit disease to humans. The and the Implementation Committee some recommendations to help the IPPL and the International Wildlife issue before deciding how to proceed at Parties implement such timber listings Coalition are proposing this resolution in the future. It was agreed at the forty- COP12. Based on these analyses, the in response to information they received fifth meeting of the Standing Committee United States will decide if it should from media reports describing the in June 2001 that the CITES Secretariat submit a discussion document on the drowning of two confiscated primates in would, with the guidance of a working Appendix-III timber listing Egypt. The United States agrees that the group of which the United States is a implementation issue and/or a draft recommendations of the IPPL and the member, develop for consideration at amendment to CITES Resolution Conf. International Wildlife Coalition raise the forty-sixth meeting of the Standing 11.1. We welcome your comments and important issues that should be Committee in March 2002, a proposal information submissions regarding this discussed further by the CITES Parties, addressing practical CITES matter. but does not propose to address them implementation issues. This proposal, through a resolution at this time.
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In Resolution Conf. 10.7, the CITES 5.20 establishes additional guidelines to does not propose to submit this issue for Parties adopted guidelines that address be followed by the Secretariat when discussion at COP12, unless it receives disposition of confiscated live making recommendations to the Parties additional information warranting such specimens of species included in the for proposals to amend the Appendices. a submission. Appendices. Parties are responsible, Beginning at COP9, the Conference of 5. Promoting Enhancement of the through these guidelines, to ensure that the Parties initiated a review of the Understanding of CITES confiscated live animals are disposed of Convention’s effectiveness. Following appropriately and humanely. Absent the development of an Action Plan at The International Wood Products new facts that indicate a problem with COP10 in June 1997, the Parties Association (IWPA) recommended that the current guidance, we are not concluded that a Strategic Plan would the Parties address the need to enhance prepared to offer amendments. In the also need to be developed. The Strategic the understanding of CITES, particularly Egyptian case however, the CITES Plan that came out of these discussions with regard to the Appendices. The Secretariat has released a statement is intended to carry the Convention IWPA is concerned that resource indicating that Egypt has confirmed the through 2005. The accompanying agencies, industry, and the U.S. public drowning of the two primates after Action Plan directs specific activities to do not understand the meaning of confiscation from a known Egyptian- the Parties, the three Permanent listings in the CITES Appendices, and Nigerian wildlife smuggler, and that the Committees, and the Secretariat. The encourages the production and Egyptian Minister of Agriculture is United States supports the role and distribution of additional outreach investigating the matter. The CITES mandate of the Secretariat as laid out in materials targeted at these audiences. Secretariat has also requested that these documents. Therefore, the United Although the United States does not Nigeria investigate this incident and States does not propose to submit the propose to submit this issue as an coordinate with Egypt to avoid this type issue for discussion at COP12. agenda item to COP12, we will continue of illegal trade. The outcome of these to encourage the Secretariat to produce 4. Re-examining the Terms of Reference contacts will be reported to the CITES targeted outreach materials. for the Animals and Plants Committees Secretariat. Additionally, we will continue outreach We have not received a response from We received a comment from the efforts in this country to promote the Egyptian Management Authority International Wildlife Coalition understanding and appropriate regarding our inquiry into this matter. requesting that the United States submit application of CITES. The Secretariat We are pleased with the decision of the an agenda item to COP12 to re-examine recently distributed a CITES brochure Egyptian authorities to investigate the the Terms of Reference for the CITES with Notification to the Parties No. incident and to provide further details Animals and Plants Committees. The 2001/076. The brochure is designed as to the CITES Secretariat. The United International Wildlife Coalition a general awareness-raising tool and is States will wait for this investigation to expressed its belief that, due to the fact available in the three languages of the be concluded and the results reported that the scope and range of participation Convention (English, French, and before considering recommendations for in meetings of the Animals and Plants Spanish). In this Notification, the additional guidance to the Parties Committees have grown in recent years, Secretariat encourages the submission of regarding the handling and disposition and that much of the work is now ideas for other outreach materials of confiscated live primates. carried on in working groups composed targeted at specific audiences, such as of both Parties and observers, the tourists and industry. In addition, one of 3. Defining the Role and Mandate of the current Terms of Reference for the the goals of the CITES Strategic Vision CITES Secretariat makeup and operation of these through 2005 is to promote greater The International Wildlife Coalition committees are inadequate. Of understanding of the Convention. The proposed that the United States submit particular concern to the International United States believes that the an agenda item clearly defining the role, Wildlife Coalition is that it believes that objectives outlined in the Strategic mandate, and scope of authority of the the current structure of the committees Vision, as well as outreach efforts CITES Secretariat. The International can allow for consensus currently underway, address the Wildlife Coalition feels that, as the recommendations by working groups to immediate outreach needs for the Convention has increased in size and be ignored or disregarded. Convention. complexity, the Secretariat has had to The current Terms of Reference for prioritize its activities, and has not the Animals and Plants Committees 6. Importance of Parties Committing always done so in a way that is were adopted by the Parties at COP11 in Sufficient Resources to the Enforcement acceptable to the Parties. The Resolution Conf. 11.1. Although they do of CITES Listings International Wildlife Coalition not address working groups within the We received a comment from the recommended that the United States Animals and Plants Committees, the International Wood Products seek broad consensus in developing the United States believes the Terms of Association (IWPA) requesting that the terms of such a definition, since it Reference provide the appropriate United States put before the Parties at would be unlikely to be accepted as the guidance on the scope of the committees COP12 the issue of the importance of product of a single Party. and the manner in which they now Parties committing sufficient The United States does not propose to conduct their work. Working groups administrative, financial, and technical submit such an agenda item. The role within the Animals and Plants resources to the enforcement of CITES and mandate of the CITES Secretariat Committees are informal groups that listings. The IWPA commented that are clearly defined in the text of the allow for detailed discussions and CITES implementing regulations are not Convention, current resolutions, and the review of particular issues in a way that published in a timely or easily Strategic Plan of the Convention. In allows the committees to efficiently accessible manner in some Party particular, Articles XII, XV, and XVI address the issues. These working countries, and that there is often outline general responsibilities of the groups report back to the committees inconsistency in their enforcement even Secretariat as well as specific duties with recommendations that can be if these regulations are available. The with regard to the amendment of the further discussed and adopted or IWPA further commented that it CITES Appendices. Resolution Conf. modified. Therefore, the United States believes that a primary cause of such
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problems is insufficient funding in some would consult with the exporting transparency of CITES implementation Party countries for their CITES country to rectify the irregularities. In by the Parties, the United States is not Management Authorities. cases where the permit does not contain likely to submit such a resolution for The United States agrees that some all of the required information, but it consideration at COP12. We believe that CITES Parties are currently unable to appears from information provided by the Significant Trade Review process commit sufficient resources to the the importer or exporter, or otherwise (Resolution Conf. 8.9 (Rev.)) provides an enforcement of CITES listings. However, available to the importing authorities, important basis for assessing the this issue has already been addressed in that the error in the permit was made by adequacy of biological and other the CITES Strategic Vision through the issuing authority, the shipment information used to make export 2005, adopted by the Parties at COP11. would be released for entry, subject to findings. Furthermore, the CITES Goal number 1 of the Strategic Vision is recall, and the importing authority Secretariat has embarked on a program, to enhance the ability of each Party to should open consultations with the pursuant to Doc. 11.40 ( Assistance to implement CITES. This Goal includes issuing authority. In addition, the Scientific Authorities for Making Non- several objectives, including, among resolution would allow the import of a detriment Findings) adopted at COP11, other actions: assisting Parties in the shipment without being cleared when to provide technical assistance to development of appropriate domestic appropriate authorities are not present selected Scientific Authorities to legislation and policies to promote the at the time of import, provided that the improve their ability to make non- effective enforcement of CITES; shipment was not for primarily detriment findings through a series of strengthening the administrative, commercial purposes, the permit was regional training workshops. These management, and scientific capacity of surrendered to the importing authorities workshops are scheduled to run through Parties by improving the coordination within 90 days of import, and the the first part of 2003. The United States between Management and Scientific surrendered permit is accompanied by a believes it would be premature to Authorities and other national agencies sworn statement that no appropriate pursue a resolution on non-detriment responsible for wild animals and plants; Customs or other official was present at findings prior to completion of this strengthening the enforcement capacity the time of import to receive the permit. training program. of the Parties and improving The Parties have established coordination among Management procedures through Resolutions Conf. III. Recommendations for Species Authorities and other agencies, such as 9.9, 10.2 (Rev.), 10.6, 10.10 (Rev.), 10.14, Proposals for the United States to police, Customs, and veterinary/ 10.15 (Rev.), 11.3, and 11.18, which Consider Submitting at COP12 phytosanitary services; and encouraging establish requirements on the the proper funding of CITES retrospective issuance of permits to We published a notice in the Federal implementation and enforcement by correct errors in previously issued Register on June 12, 2001 (66 FR 31686), Parties, and the adoption of national permits, for information that must be in which we requested information and mechanisms that have resource users provided on a permit, and how a permit recommendations on potential species make a greater contribution to such should be handled. The United States amendments for the United States to funding. Since the Strategic Vision does not see a need to establish another consider proposing at COP12. In already addresses the issue of Parties resolution to address these issues. In addition to possible species proposals committing sufficient resources to the addition, it would not be appropriate to that we have been developing on our enforcement of CITES listings and propose a resolution that undermines own, we received recommendations recommends actions to help resolve this current procedures. The validity of a from the public for possible proposals issue, the United States does not permit must be established at the time involving 64 taxa (three families, 14 propose to submit it for discussion at of import, and the import must be genera, and 47 individual species). We COP12. cleared by the appropriate authorities, note, however, that the vast majority of as established by the Convention, CITES comments involved statements of 7. Validity of permits resolutions, and domestic regulations. support or disagreement for given Safari Club International (SCI) The purpose of issuing export permits is species proposals, with no biological or proposed that the United States submit to ensure that a shipment contains the trade information supporting such a resolution to address the practice of items that have been authorized for statements. We have undertaken initial not issuing retrospective permits or re- export. The need for the appropriate assessments of the available trade and issuing permits to correct errors that officials to review the permit and clear biological information on all of these were the fault of the issuing the shipment is the basis for trade taxa. Based on these assessments, we Management Authority. SCI expressed controls established by CITES. have made provisional determinations the opinion that this is an unfair Therefore, the United States does not of whether or not to proceed with the practice that penalizes the importer for plan to submit such a resolution at development of proposals to list or permit errors that are beyond their COP12. delist species, or transfer them from one control. SCI submitted a draft resolution Appendix to another. These that recommends that Parties consider a 8. Making non-detriment findings determinations were made by permit valid if it contains all of the available upon request considering the quality of biological and information and items required in The Whale and Dolphin Conservation trade information available on the Articles IV and VI of the Convention. Society recommended that the United species; the presence, absence, and The draft resolution provided by SCI States submit a resolution with effectiveness of other mechanisms that goes on to state that the Management provisions that require Scientific may preclude the need for a CITES Authority of the importing country Authorities to make copies of non- listing (e.g., range country actions or should clear any shipments detriment findings available on request other international agreements); and accompanied by an apparently valid and enable the Plants Committee and availability of resources. Furthermore, permit, even if there are some Animals Committee to assess the our assignment of a taxon to one of irregularities in the permit. Once the adequacy of non-detriment findings. these categories, which reflects the shipment is cleared, the Management Although we believe both ideas have likelihood of our submitting a proposal, Authority of the importing country merit, because they would increase the included consideration of the following
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factors, reflecting the U.S. approach for on July 1, 1975. The Management area of Nye County, Nevada. This COP12 discussed above: Authority of Switzerland has species was listed in CITES Appendix II (1) Is it a native U.S. species that is recommended that we consider listing in 1983. It was proposed for delisting by or may be significantly affected by trade, these species in Appendix I. Threats to Switzerland, as the Depositary or if it is a currently listed U.S. species, the species include hobby collecting, Government for CITES, at COP11. The does the listing accurately reflect the agricultural and industrial development, proposal was withdrawn as the result of biological and trade status of the off-road vehicle use, and highway discussions in which the United States species? maintenance. The Nevada Natural agreed to undertake further review of (2) Is it a native U.S. species that is Heritage Program protects location the species prior to COP12. Lewisia not at this time significantly impacted information for both species because maguirei is listed as Endangered by the by trade within the United States, but is they are considered especially IUCN. It is protected from most threats, being significantly impacted elsewhere vulnerable to poaching, vandalism, except mineral exploration and in its range? harassment, and hobby collecting. Both development, by its high-elevation (3) Is it a foreign species, not native cacti are given special status in the State habitat. Though this species has to the United States, but which is or of Nevada and this status is also ornamental value, international trade is may be significantly affected by trade recognized by the U.S. Bureau of Land not a significant threat since few and the United States is a significant Management. Seeds of S. nyensis and S. applications to export this species have component of the trade (i.e., as an spinosior blainei are available on the been received, and no trade has been importing country)? Internet from Websites located in the recorded since it was listed. For these (4) Is it a species for which the United Netherlands, Germany, Malta, Austria, reasons, the United States is considering States is neither a range country nor a and the Czech Republic, indicating that submitting a proposal to remove L. country significantly involved in trade, international demand for the species maguirei from CITES Appendix II. but for which trade is a serious threat to exists and international trade occurs. Reptiles and Amphibians the continued existence of the species, For these reasons, we currently plan to other mechanisms are lacking or propose these two species for transfer to 4. Orange-Throated Whiptail Lizard ineffective for bringing trade under CITES Appendix I. (Cnemidophorus hyperythrus)— control, and action is urgently needed? 2. Santa Barbara Island dudleya Proposal for Removal From Appendix II Below, we have provided the actions (Dudleya traskiae)—Proposal for The orange-throated whiptail lizard that the United States is considering transfer from Appendix I to Appendix II was listed in CITES Appendix II when taking for COP12 with regard to all of Dudleya traskiae is confined to a CITES went into effect on July 1, 1975. the species proposals recommended by small island off the coast of California, The Western Association of Fish and the public, as well as possible species where there are fewer than 100 Wildlife Agencies has requested that the proposals we have been developing on individuals in fewer than a dozen species be removed from the our own. populations. This species was listed in Appendices. The orange-throated A. What Species Proposals is the United CITES Appendix I in 1983. It was whiptail lizard is limited to States Likely to Submit for proposed for downlisting to Appendix II southwestern California in the United Consideration at COP12? by Switzerland, as the Depositary States and Baja California in Mexico, Government for CITES, at COP11 in including eight islands in the Gulf of The United States is likely to develop April 2000. The proposal was California and two islands in the Pacific and submit proposals for the following withdrawn as the result of discussions Ocean off the coast of Baja California, taxa. We welcome your comments, in which the United States agreed to Mexico. Information on the population especially any biological or trade undertake further review of the species status of the orange-throated whiptail information on these species. For each prior to COP12. Dudleya traskiae has lizard is limited. In San Diego, species, more detailed information is on been listed as Endangered under the California, the status of the species is file in the Division of Scientific U.S. Endangered Species Act since considered ‘‘seriously depleted.’’ Authority than is presented in the 1978. It is also listed as Endangered by Population surveys in Mexico have been summary below. For some of the species the World Conservation Union (IUCN), conducted only on three islands in the below, particularly those not native to as well as Endangered by the State of Gulf of California, where the species the United States, additional California (since 1979). The primary appears to be abundant and populations consultations with range countries and threats to D. traskiae are fire and remain stable. The primary threat to C. knowledgeable experts is proceeding competition from exotic vegetation. hyperythrus is loss of suitable (see discussion), and a final decision is Though it is valued as an ornamental, contiguous habitat to urban, pending the outcome of those collection of individuals from the wild commercial, and agricultural consultations. does not appear to be a threat at the development. This threat of habitat loss Plants present time. International demand for could be further exacerbated by commercial trade. However, CITES 1. Cacti ( Sclerocactus nyensis and this species is minimal or non-existent, trade data from the World Conservation Sclerocactus spinosior blainei [=S. though there is trade in specimens Monitoring Centre (WCMC) suggest that blainei])—Proposal for transfer from cultivated both within and outside the legal commercial trade in the species in Appendix II to Appendix I United States. For these reasons, the United States is considering submitting recent years has been limited, involving Sclerocactus nyensis is a very rare a proposal to transfer D. traskiae from primarily scientific specimens. Our U.S. endemic species of cactus, CITES Appendix I to II. Division of Law Enforcement does not occurring only in two counties in the have any specific information that State of Nevada. Sclerocactus spinosior 3. Maguire’s Lewisia ( Lewisia indicates there is illegal trade in this blainei is another U.S. endemic species maguirei)—Proposal for Removal From species. of cactus that is known from only three Appendix II In the State of California, C. localities in southern Nevada and Utah. Lewisia maguirei is known only from hyperythrus is listed as ‘‘protected,’’ and Both species were listed in Appendix II eight sites, all within a very restricted permits to collect and/or possess the
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species are granted by the California buffelgrass. U.S. tourists are the primary listing. After conducting an extensive Department of Fish and Game only for market for ironwood carvings, which review of the status of the species, scientific purposes. Additionally, have been produced in Mexico at a rate students from the University of California prohibits the sale of all its that has rapidly depleted the local Maryland Sustainable Development and native species and requires permits for supply of ironwood. In addition, Conservation Biology Program have the sale of native reptiles by biological ironwood is harvested with mesquite to recommended that these species be supply houses to scientific and meet American consumer demands for considered for Appendix II. The educational institutions. In Mexico, the mesquite charcoal because including it primary threat to the genus Guaiacum is species is categorized as ‘‘threatened’’ in bags of mesquite charcoal makes a habitat loss and over-exploitation. A and ‘‘rare,’’ and commercial export of heavier product per volume and small but stable international market for wild-caught specimens of native species woodcutters are paid by weight. Guaiacum in Asia, Europe, and North is prohibited. Therefore, since trade Spot checks of mesquite charcoal bags America drives exports from several does not appear to be a threat to the from Sonora in the early 1990s range countries, including Mexico. species and the species is protected by demonstrated that ironwood constituted Difficulty in differentiating among domestic legislation in both range from 10 to 40 percent of the export Guaiacum species in trade justifies countries, the United States is volume at that time. Ironwood is listing the entire genus in Appendix II. considering submitting a proposal to extremely slow to recover after harvest. In particular, there is enough confusion remove C. hyperythrus from CITES Populations are declining rapidly, over the identity of G. coulteri that Appendix II, an action supported by the especially in Mexico. Wood cutting for significant trade in this species could be Mexican Scientific Authority. charcoal production, fuelwood, and the occurring under the name G. sanctum. carving industry is estimated to have Guaiacum coulteri also qualifies for B. On what species proposals is the caused an average of 17 percent Appendix II listing in its own right. United States still undecided, pending reduction in ironwood’s dominance in Several experts have expressed concern additional information and the vegetation of studied areas. over its status, since it is likely to be consultations? Ironwood has been given special declining in Mexico. Habitat The United States is still undecided protected status in Mexico, where degradation is especially problematic on whether to develop COP12 proposals permits to cut it are required, but for this species, and unregulated trade for the following taxa. In some cases, we enforcement is difficult. It is also of could exacerbate its decline. For these have not completed our consultation increasing conservation concern in the reasons, the United States is considering with relevant range countries. In other United States, where habitat destruction whether to submit a proposal to list the cases, meetings of experts are expected is the main threat, but illegal collection remainder of the genus Guaiacum in to occur in the immediate future and has been documented from Organ Pipe Appendix II. We are consulting with generate important recommendations, Cactus National Monument and other Mexico and other range countries with trade analyses, or biological information protected areas. For these reasons, the regard to this possibility. United States is considering submitting on the taxon in question. See the 3. Orchids—Proposal to annotate the a proposal to list ironwood in Appendix discussions below for more detail. For listing of Orchidaceae in Appendix II to II. We are consulting with Mexico each species, more detailed information exempt certain artificially propagated regarding this possibility. is available in the Division of Scientific hybrids from CITES permitting Authority than is presented in the 2. Lignum vitae ( Guaiacum coulteri, requirements summary below. We welcome your Guaiacum unijugum, and Guaiacum The orchid family is among the largest comments, and especially any biological angustifolium)—Proposal for inclusion families of flowering plants, with over and trade information on these species. in Appendix II 20,000 species in about 900 genera. We delineate what additional Guaiacum is a genus of neotropical Orchids occur on every continent except information we are seeking or have evergreen trees distributed throughout Antarctica, with a concentration of sought to assist us in making our Mesoamerica and the Caribbean. There distribution in the tropics, and they decision. is great taxonomic confusion regarding occur in a wide variety of habitats. Plants this genus, but we consider there to be Orchids are also among the most widely only five true species of Guaiacum. In recognized and popular horticultural 1. Ironwood ( Olneya tesota)—Proposal addition to G. sanctum L. and G. plants, with a growing international for inclusion in Appendix II officinale L., which are already listed in demand in recent years. Annual Ironwood is a long-lived tree and CITES Appendix II, the other recognized wholesale figures for orchids in the keystone species of the Sonoran Desert species are G. coulteri A. Gray, G. United States alone have now topped in southwestern Arizona, southeastern unijugum Brandegee, and G. 100 million dollars. Millions of plants California, and northwestern Mexico. It angustifolium Engelm. Guaiacum are documented in trade, based on often grows in mixed stands with coulteri and G. unijugum are endemic to CITES trade data, and most of these are mesquite (Prosopsis spp.). Ironwood has Mexico; the former is distributed along artificially propagated. At the ninth not previously been proposed for CITES the Pacific slope from Oaxaca to Sonora, meeting of the CITES Plants Committee listing. Representatives of our Law and the latter is restricted to the eastern in June 1999, the Plants Committee Enforcement Division and SEMARNAP/ shore of the Cape Region in Baja agreed to review the listing of PROFEPA (Mexico’s wildlife law California. Guaiacum angustifolium Orchidaceae as part of the ongoing enforcement agency) have occurs in northern Mexico and southern Review of the Appendices. Using recommended that the species be Texas. Other taxa that range into Central preliminary data assembled by the considered for inclusion in CITES America are either synonyms of G. CITES Secretariat at the tenth meeting of Appendix II. The primary threats to O. sanctum or hybrids of G. sanctum and the Plants Committee in December 2000, tesota are charcoal making, wood G. coulteri. Guaiacum coulteri, G. a working group (including the United cutting for commercial craft production, unijugum, and G. angustifolium are not States) established a framework for the land conversion, and altered burning currently listed under CITES and have review, which entailed a breakdown of regimes and competition from exotic not previously been proposed for CITES the trade and assigning different genera
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to different levels and purposes of trade. various cancers. International trade in Invertebrates Data were provided to working group yew for taxol extraction is significant 5. Sea cucumbers (26 Species in the members by the CITES Secretariat in throughout the range of the genus, Families Holothuridae and advance of the eleventh meeting of the especially in the Eastern Hemisphere. Stichopodidae)—Proposal for Inclusion Plants Committee in September 2001. At As a result, the Himalayan yew T. in Appendix II the eleventh meeting of the Plants wallichiana (synonym T. baccata Sea cucumbers are slow-moving Committee, the consensus of the wallichiana), native to southeast Asia, working group was that the orchid animals that live on the seafloor in sand, was listed in Appendix II of CITES on mud, and reef environments. They are family presented too many problems of February 16, 1995. However, prior to similarity of appearance and uncertainty distributed worldwide from intertidal listing, both the CITES Secretariat and about status of the species in the wild. zones to deep-sea environments. The the IUCN Species Survival Commission These factors precluded the possibility United States has several native species of a timely review, which ultimately expressed concerns regarding taxonomic of sea cucumbers, with active fisheries might not lead to the delisting of any difficulties within the genus and the in several States. Sea cucumbers have species. As an alternative, participants ability of Parties to enforce CITES not previously been proposed for CITES in the meeting agreed to study the provisions for the species because all listing. They are important components possibility of exempting certain high- yews look very similar in appearance. of the food chain in coral reefs and volume artificially propagated hybrids Historically, the taxonomy of the genus associated ecosystems at various trophic of six select genera: Cattleya, has been based on leaf characteristics levels, and they play an important role Cymbidium, Dendrobium, Oncidium, and geographical distribution of distinct as deposit feeders and suspension Phalaenopsis, and Vanda. It was taxa. Worldwide, 6 to 20 species of feeders. Rapid declines in sea cucumber decided that such a proposal could be Taxus are recognized, depending on the populations may have serious considered only if clear requirements reference. The United States submitted consequences for the survival of other could be established for trading these two documents at the tenth and species that are part of the same hybrids in a manner that would eleventh meetings of the Plants complex food web because the eggs, larvae, and juveniles constitute an preclude the exemption from being used Committee on the current status of the important food source for other marine as a means to circumvent trade control nomenclature of the genus as it relates species, including crustaceans, fish, and in other orchids, especially wild- to conservation of the taxa in the wild. collected species. In addition, it was mollusks. Sea cucumbers ingest large agreed that such a proposal must At the eleventh meeting of the Plants amounts of sediment, turning over the include identification materials that Committee, the Nomenclature top layers of sediment in lagoons, reefs, would establish easily recognizable Committee recommended that the and other habitats, and allowing characteristics of plants that would World Checklist and Bibliography of oxygenation of sediment layers, much qualify for this exemption. Conifers by Aljos Farjon (1998), and its like earthworms do on land. This Our Division of Scientific Authority updates, be used by the CITES Parties as process prevents the build-up of and the American Orchid Society are the standard reference for Taxus to decaying organic matter and may help cooperating in the development of a reduce the confusion regarding the control populations of pest and draft proposal and identification nomenclature of the genus. pathogenic organisms, including certain materials for presentation to the Plants Furthermore, the Plants Committee bacteria and cyanobacterial mats. Over- Committee at its twelfth meeting in May recommended that the present listing of exploitation has caused a hardening of the sea floor, eliminating habitat for 2002. Depending on support from range T. wallichiana be reviewed to provide other benthic and infaunal organisms. countries of these orchid taxa ( i.e., the adequate protection for any species six genera under consideration) as well Sea cucumbers have been harvested within the genus that may be in trade commercially for at least 1,000 years, as the ability of the Plants Committee to and require regulation. Information from develop a final proposal and but the demand in Asian markets various sources indicates that the trade identification materials that will not worldwide has led to a dramatic in yew parts and derivatives, other than result in non-exempt taxa being traded increase in international trade for food without permits, the United States may those from T. wallichiana, for the beginning in the late 1980s and early co-sponsor a proposal to exempt pharmaceutical industry has increased 1990s, reaching a global annual volume selected high-volume artificially substantially since the listing of the one of about 12,000 metric tons of dried sea propagated orchid hybrids from the species in 1995. Large volumes of T. cucumber (120,000 tons live). Since the listing of orchids in Appendix II. yunnanensis are reportedly exported mid-1990s, additional markets emerged from Myanmar. Several pharmaceutical for natural health products research and 4. Yew (Taxus spp.)—Proposal for companies in the United States are home aquaria. inclusion in Appendix II importing paclitaxel derived from T. Sea cucumbers are sedentary animals Bristol-Myers Squibb Company has yunnanensis from China. The United that are especially susceptible to over- suggested that the United States propose States will be pursuing these and other exploitation because they are large, various yew species (Taxus pertinent issues concerning the genus easily collected, and do not require yunnanensis, T. chinensis, T. celebica, Taxus at the twelfth meeting of the sophisticated fishing techniques. T. cuspidata, and T. fuana) for listing in Plants Committee in May 2002. In the Reduction of population densities by CITES Appendix II. Yews are slow- meantime, the United States will fishing may render remaining growing, long-lived conifers found in consult with Canada, China, and other individuals incapable of successful temperate forest regions of North range countries about supporting or co- reproduction, due to the greater distance America, Europe, and Asia. Yews range between males and females. The fishery sponsoring an Appendix II listing in size from small forest trees to shrubs for the two most valuable species proposal of the genus Taxus at COP12. and are often found growing in shaded ( Holothuria nobilis and H. scabra) has conditions. The bark and needles of yew collapsed in a number of locations due contain the chemical compound taxol, to over-fishing, and significant declines which is used in the treatment of have been noted in many South Pacific
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and Southeast Asian locations. Given species such as humphead wrasse 7. Seahorses, Pipefishes, Pipehorses, the past and continuing levels of commanding the highest prices (up to and Seadragons (Family exploitation to meet international 174 dollars per kilogram or 87 dollars Syngnathidae)—Proposal for Inclusion demand, and documented declines or per pound). The LRFFT has rapidly in Appendix II extirpations in some areas, we believe expanded throughout Southeast Asia, There are approximately 215 species that Holothuridae and Stichopodidae the South Pacific, and the Indian Ocean of syngnathids in about 35 genera, meet the criteria for inclusion in due to an increasing demand and rapid including 35 species of seahorses Appendix II. We believe that a family- elimination of the humphead wrasse (Hippocampus spp.). Species are found level listing for the most heavily traded and other large, economically desirable in freshwater, brackish, and marine taxa (26 species in the two families fish on heavily exploited reefs. environments. Pipefishes can be found mentioned) would be most appropriate Researchers remain concerned over to depths of over 400 meters, and the given the indiscriminate fishery and two species of seadragons are endemic similarity between dried specimens in the status of the humphead wrasse because of its importance as a luxury to Australian waters. Seahorses live trade. The United States seeks among sea grasses, mangroves, and coral additional information (particularly on food item and a high value that is predicted to increase with increasing reefs throughout the tropics and abundance, identification techniques, subtropics, as well as pilings, grass rarity, which will encourage continued trade volumes, and other range country beds, and other habitats in tropical and exploitation as stocks continue to interest in CITES listing) while temperate areas between 52 degrees decline. Also, because of the difficulty considering an Appendix-II listing north and 45 degrees south latitude. proposal for sea cucumbers. in capturing humphead wrasse and Most species of seahorses occur in the groupers alive, the LRFFT has been a Fish tropical western Atlantic or Indo-Pacific principal driver in the spread of highly regions. Life-history strategies of 6. Humphead wrasse ( Cheilinus destructive cyanide fishing throughout seahorses and other syngnathids make undulatus)—Proposal for Inclusion in the Indo-Pacific. Cyanide use is illegal populations susceptible to over- Either Appendix I or Appendix II in most countries and is known to cause exploitation. These taxa are The humphead or Napolean wrasse is considerable habitat damage and characterized by sparse distributions, found in coral reef and channel slope mortality to small, non-target reef fish low mobility, small home ranges, low habitats throughout much of the Red and invertebrates. Due to documented natural adult mortality, low fecundity, Sea, the Indo-Pacific, and Micronesia. It declines, humphead wrasse are banned long parental care, and varying degrees has not previously been proposed for from export in many areas of the Indo- of mate fidelity. CITES listing. Humphead wrasse is the Pacific (e.g., the Maldives, certain parts Life-history characteristics, heavy largest member of the family Labridae of the Philippines, and Indonesia for fishing pressure to supply international and is particularly vulnerable to over- certain size classes). Nonetheless, 1997 demand, by-catch in trawl fisheries, exploitation due to its life history, Hong Kong data showed that the species degradation and loss of habitat, and including slow growth, late maturity, is still imported from these locations. pollution represent the primary threats long life, complex social structure, and The humphead wrasse is listed as to syngnathids. A rapidly growing trade sex reversal. Despite its widespread vulnerable in the 1996 IUCN Red List in pipehorses and seahorses (primarily distribution, the species is uncommon because of severe declines in sizes and for traditional Chinese medicine and its throughout its range and is subject to numbers in Southeast Asia (attributed to derivatives, with a smaller but over-fishing. Although humphead the LRFFT). There is no regional significant trade to supply aquarium wrasse are generally found in small management program currently in place pets, souvenirs, and curios) is resulting social units, they have historically for the LRFFT. Continued illegal and in over-exploitation of wild formed large aggregations during peak unsustainable trade, lack of coordinated populations. Seahorses are caught by reproductive periods. Targeting of management, a vulnerable life history, subsistence fishers by hand, scoop net, wrasse and grouper spawning and the prominence of international or small seine. They also occur as by- aggregations has led to the elimination markets suggest that humphead wrasse catch in shrimp trawlers and other of breeding populations from some qualify for listing in Appendix II or forms of net fishing. It is estimated that locations after two to four years of perhaps Appendix I of CITES, and the at least 20 million seahorses are intensive fishing. Furthermore, harvest United States is interested in pursuing captured annually from the wild, with of immature individuals results in poor a possible listing proposal with the bulk originating in 20 countries. The recruitment to the spawning population involved range countries. largest importing jurisdictions are and skewed sex ratios, since many mainland China, Hong Kong, and species begin life as females and While we are not considering other Taiwan, with an estimated annual metamorphose into males. species of groupers and wrasses for consumption of 45 tons (16 million The primary threat to the species is listing at this time, the United States is seahorses) in Asia. Seahorses and over-harvest for the live reef food fish also interested in gathering more pipehorses are sold as whole dried trade (LRFFT), which is driven largely information on other high value species animals for preparation in tonics. There by luxury food markets in Hong Kong, in the LRFFT, such as high-finned has been a recent increase in numbers mainland China, and other Asian grouper (Cromileptes altivelus) and of seahorses, pipehorses, and pipefish countries. Because of the high giant grouper (Epinephelus lanceolatus). used in prepared medicines (e.g., pills) international demand and value of the All of these species are distinct in in Asia, possibly in response to LRFFT (estimated at 32,000 metric tons appearance and almost exclusively decreases in size of individuals obtained and 500 million dollars for Hong Kong traded alive in international markets, in fisheries catch. The United States wholesale markets in 1997), the LRFFT and thus the United States does not intends to consult with range countries has emerged as the greatest immediate foresee complications or confusions and relevant organizations (e.g., Project threat to Indo-Pacific grouper and with look-alike fishery products from Seahorse, an international research and wrasse populations. The trade involves other grouper species that are traded in trade forum) on the merits of an more than ten popular taxa, with rare processed form. Appendix-II listing proposal. This will
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be greatly facilitated by a CITES- States participated in that workshop and outcome of the workshop may have sponsored workshop on syngnathid will help determine which taxa are the relevance to conservation of North conservation, tentatively scheduled for highest priorities for CITES listing, and American softshell turtles. Therefore, Spring 2002. which country or countries might the United States intends to analyze the sponsor proposals for such listings. We results of the workshop to determine Reptiles and Amphibians will focus on garnering range country whether or not it will propose these 8. Asian Freshwater Turtles and support and sponsorship for the highest- species for listing in CITES Appendix II. Tortoises—Proposals for Inclusion in priority taxa, and will offer our 10. Spiny-tailed Lizards (Uromastyx Appendices I and II assistance in the preparation of spp.)—Proposal for Transfer From proposals. The United States may wish A large number of Asian freshwater Appendix II to Appendix I turtles and tortoises are threatened by to co-sponsor certain of these proposals, Uromastyx lizards inhabit the arid over-exploitation for the food and pet or submit them on its own if a suitable regions of northwest India, trades. We previously evaluated some of range country sponsor does not come forward. For this reason, the United southwestern Asia, the Arabian these species for COP11 (Southeast Peninsula, and the Sahara of northern Asian softshell turtles [Trionychidae], States remains undecided on submitting proposals for Asian freshwater turtle Africa. CITES currently recognizes 14 Malaysian giant turtle [Orlitia species. Uromastyx aegyptia (including borneensis], and Burmese roofed turtle and tortoise taxa for consideration at COP12, pending analysis of the outcome U. microlepis) was listed in Appendix [Kachuga trivittata]), but found the data III by Tunisia on April 22, 1976. All on population status and exploitation to of the workshop and further consultation with other CITES Parties. species in the genus Uromastyx were be insufficient to support a CITES subsequently listed in Appendix II on listing proposal for any of the taxa at 9. North American Softshell Turtles February 4, 1977. No other proposals that time. Since COP11, there has been (Apalone spp.)—Proposal for Inclusion have been submitted since. At its considerable international focus on the in Appendix II fifteenth meeting in July 1999, the status of and trade in Asian freshwater There are three species of North CITES Animals Committee reviewed the turtles and tortoises, culminating in the American softshell turtles. Some status of U. aegyptia (Egyptian spiny- August 2000 publication of Asian Turtle authorities place these species in the tailed lizard) as part of Phase IV of the Trade: Proceedings of a Workshop on genus Trionyx, whereas others place Significant Trade Review process, Conservation and Trade of Freshwater them in the genus Apalone. North pursuant to Resolution Conf. 8.9 (Rev.) Turtles and Tortoises in Asia. These American softshell turtles are not (Trade in specimens of Appendix-II proceedings indicate that a number of currently listed under CITES and have species taken from the wild.). Based on Asian turtle and tortoise species qualify not previously been proposed for CITES the information available at the time, for inclusion in Appendix II or transfer listing. The three Apalone species, the species was categorized as a from Appendix II to I. We noted a Apalone spinifera, A. mutica, and A. ‘‘species with insufficient information’’ number of these taxa in our initial June ferox, occur in the eastern, southeastern, (category d (ii) of Decision 10.79 d); now 12, 2001, Federal Register notice on and midwestern United States, category 2 of Decision 11.106 g)). COP12. In response to that notice, a respectively. Apalone mutica ranges Because most of the trade in the species number of commenters supported into northern Mexico and A. spinifera originated in Egypt, the Animals listing or uplisting various taxa, while ranges into southern Canada. These Committee issued primary one commenter opposed listing turtles are threatened by habitat loss and recommendations to that country, individual taxa but supported listing all modification, and by harvest for the pet through the CITES Secretariat, Asian turtles in Appendix II. One trade and human consumption. Records requesting additional information about organization provided considerable show that, since the early 1990s, U.S. Egypt’s policy on the export of the supporting information for listings of exports of Apalone spp. have been species, number of specimens exported Kachuga spp., Chitra spp., Pelochelys generally increasing with some between 1997 and 1999, and scientific spp., and Amyda cartilagina, and fluctuation between years. Since 1993, basis for permitting export of the uplisting of Cuora spp. We are aware of at least 10,000 softshell turtles per year species. Because Egypt failed to respond considerable interest on the part of other were exported from the United States. to the Animals Committee within the CITES Parties, including range For several years the recorded number 90-day deadline established by countries, to submit listing proposals for exported exceeded 30,000 turtles. From Resolution Conf. 8.9 (Rev.), the CITES Asian turtle taxa, including Heosemys our records, we are unable to determine Secretariat recommended to the CITES spp, Mauremys spp., and Orilitia if the origin of these turtles is wild or Standing Committee at its forty-fifth borneensis. We also believe that captive, so the impact of the trade on meeting (June 2001) that all Parties additional taxa, including Carettochelys wild populations is difficult to assess. suspend imports of specimens of U. insculpta and Platysternon In addition, few populations of aegyptia from Egypt until the Animals megacephalum, qualify for listing Apalone have been well studied and the Committee recommendations are whereas certain other taxa qualify for effects of harvest on populations is implemented. However, during the uplisting. poorly documented. The U.S. Geological meeting, Egypt informed the Standing A CITES-sponsored Workshop on Survey is currently assessing the status Committee that it was conducting a Freshwater Turtles and Tortoises was of North American turtle species, survey of the species and that export of held in China in March 2002. This including the softshells. Also, the CITES the species was prohibited. workshop brought together range and Secretariat conducted a Workshop on Consequently, the Standing Committee consuming country representatives and Freshwater Turtles and Tortoises in agreed not to take further actions. international turtle conservationists to March 2002 (see ‘‘Asian freshwater However, the Standing Committee address the critical issues of turtle turtles and tortoises’’ above). Since agreed to re-impose the Animals conservation, focusing on Asian North American softshell turtles are in Committee primary recommendations if freshwater turtles and tortoises. Among the Family Trionychinae, which also trade in the species is re-opened. the issues discussed were CITES listing includes several Asian species of The primary threats to Uromastyx needs for Asian turtles. The United softshell turtles, we expect that the lizards are over-collection and limited
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distribution of individual species. Most Romania collapsed in the 1960s due to other bottlenose dolphin populations range countries have laws prohibiting over-harvest, and large takes by rifle are critical to resolving the distinctness domestic and international trade in continued by Turkey until a ban in of the Black Sea sub-population. Listing Uromastyx spp. However, these laws are 1983. The proportions of the three subspecies in any CITES Appendix is not always complied with. Spiny-tailed endemic small cetaceans (bottlenose discouraged by Resolution Conf. 9.24 lizards are traded as pets (live animals) dolphin, harbor porpoise Phocoena (Criteria for amendment of Appendices and souvenirs (stuffed animals). In the phocoena relicta, and long-beaked I and II), unless the taxon in question is case of specimens traded as pets, many common dolphin Delphinus delphis highly distinctive and use of the die during import or soon after arrival. ponticus) in these catches and their subspecies name would not lead to Some species are smuggled out of their relative degrees of depletion are not enforcement problems. country of origin and then imported into known with confidence. The United States will strive to obtain the United States and Europe through a The size of the present population of samples and complete genetic analysis third country by claiming the animals as bottlenose dolphins is unknown, and no on Black Sea bottlenose dolphins to captive born. Success in breeding of estimates exist of sustainable levels of develop a defensible listing proposal. spiny-tailed lizards in captivity has take. The habitat is thought to be highly We will also continue our consultations been limited. There are currently seven degraded and declining in quality due with range countries, as well as regional species of Uromastyx kept in captivity: to contamination by sewage and management authorities, to obtain the U. maliensis, U. ocellatus, U. industrial effluents, algal blooms, latest information on population status acanthinurus, U. aegyptius, U. benti, U. decrease in prey species due to over- and to identify sponsors or co-sponsors philbyi, and U. hardwicki. The vast fishing, and by-catch in fisheries. There for a potential uplisting proposal. majority of the young spiny-tails has been a substantial international available in the pet trade are wild- 12. Bobcat (Lynx rufus)—Proposal for commercial trade in bottlenose dolphins Removal From Appendix II caught. According to WCMC, over from the Black Sea. Exporters in Russia 70,000 live specimens of Uromastyx and Georgia have been able to obtain The bobcat (Lynx rufus) is found in spp. were traded between 1990 and CITES permits for export of bottlenose southern Canada, the contiguous United 2000, mostly U. acanthinurus and U. dolphins to several countries, including States, and northern Mexico. The maliensis (considered by some as a Cyprus, Malta, Turkey, Israel, Wildlife Division of the Texas Parks and subspecies of U. acanthinurus). The Argentina, and Hungary, by stating that Wildlife Department (TPWD) has number of U. acanthinurus and U. the purpose was to establish breeding recommended that the United States maliensis exported increased from 50 in colonies for conservation and research. submit a proposal at COP12 to remove 1990 to almost 20,850 in 1998. In all cases, the actual purpose was all bobcat populations from the CITES However, information on population commercial and the majority of the Appendices. All felids not listed in trends for wild populations is lacking. animals died during or shortly after Appendix I, including the bobcat, were The United States intends to consult transport. There were also some cases of listed in Appendix II on April 2, 1977. with range countries of Uromastyx illegal imports. Only one captive birth At COP4 in April 1983, the United species to gather additional status (in Israel) has occurred, and we are not States and Canada co-sponsored information and to ascertain their aware of any scientific research that has proposals to remove from Appendix II interest in sponsoring or co-sponsoring resulted from the trade. As signatories to several Canadian and U.S. populations an Appendix-I uplisting proposal. the Bern Convention, range countries of North American mammals, including Mammals Bulgaria, Romania, Turkey, and Ukraine the bobcat. The United States and have all banned possession and internal Canada argued that, at the time of the 11. Black Sea Bottlenose Dolphin trade in T. truncatus. In addition, the original listing of the bobcat, there was (Tursiops truncatus ponticus)—Proposal Parties to the Bern Convention adopted no indication as to whether the species for Transfer From Appendix II to a resolution in November 2001 urging was intended to be listed because of a Appendix I that this subspecies be transferred to need to control trade and prevent the Bottlenose dolphins (Tursiops Appendix I. The Agreement on the threat of extinction (CITES Article II.2.a) truncatus) were included in Appendix II Conservation of Cetaceans of the Black or similarity of appearance to species on June 28, 1979, and are distributed Sea, Mediterranean Sea, and Contiguous threatened by trade (CITES Article worldwide in temperate and tropical Atlantic Area (ACCOBAMS) adopted a II.2.b). Because the bobcat did not waters. The subspecies; Tursiops similar resolution at a meeting in appear to be threatened by trade and the truncatus ponticus is endemic to the February 2002. At COP11, Parties States and Provinces managed its Black Sea, isolated from other recognized the potentially severe threats harvest, the United States and Canada populations of bottlenose dolphins in to Black Sea bottlenose dolphin believed that its removal from CITES the Mediterranean and other waters. populations and adopted Decisions controls would not threaten the Black Sea bottlenose dolphins look 11.91 and 11.139, which called for continued survival of the species. almost identical to those from other countries trading in T. truncatus However, at COP4, the CITES regions, and their genetic distinctness is ponticus to provide information on Secretariat and several Parties, unknown. At COP11, the United States trade volumes, mortalities, and particularly from Western Europe, withdrew a proposal to transfer the international management efforts, and to opposed the bobcat delisting proposal subspecies to Appendix I when Georgia supply tissue samples for expert genetic on the grounds that the species was (co-sponsor and range country) could analysis. The United States has agreed listed because of similarity of not attend. It is believed that overall to be a repository for these tissue appearance. They feared that adoption abundance of dolphins in the Black Sea samples, and geneticists with the of the proposal would create has declined greatly due to over- National Marine Fisheries Service are enforcement problems. Subsequently, exploitation into the 1980s for human currently working to obtain Black Sea the United States and Canada withdrew consumption and industrial products. A bottlenose dolphin specimens from the proposal after both Parties agreed large purse-seine fishery conducted by range countries. Genetic comparisons that the listing of the bobcat in the former Soviet Union, Bulgaria, and between these samples and those from Appendix II was warranted because of
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similarity of appearance to other species Fungi system, and a rank of S2.1 and S2 of felids. 1. American Matsutake or Pine (imperiled) in California and In its letter to us, the TPWD included Mushroom ( Tricholoma magnivelare)— Washington, respectively. We have a draft delisting proposal containing Proposal for Inclusion in Appendix II anecdotal evidence that these species updated information on the population are collected from the wild at levels Tricholoma magnivelare is a potentially exceeding sustainable rates and trade status of the bobcat in the widespread mushroom found in boreal given their long regeneration time, but United States, as well as a general and temperate forests in North America, we lack sufficient quantitative description of the regulatory but is most abundant in Washington, information to proceed with a listing mechanisms adopted by U.S. States and Oregon, and northern California. The proposal at this time. We will continue Canadian Provinces to manage harvest species has not previously been to compile information and consult with of the species. However, the draft proposed for CITES listing. The fruiting range countries and experts on the proposal contained no information on of American matsutake can vary greatly conservation and international trade the status of the species or regulatory in occurrence, abundance, and status of Usnea spp. to determine mechanisms in Mexico. The United distribution from year to year. In the whether a listing proposal may be States will consult with Canada and United States, harvesting is allowed appropriate for a future meeting of the Mexico for additional information on through a permit system on lands Conference of the Parties to CITES. the status of the species, as well as to managed by State and Federal agencies. Plants determine if these two range countries Although these agencies issue collection would support or co-sponsor a proposal permits, they do not typically monitor 3. Mosses—Proposal for Inclusion in to remove the bobcat from Appendix II. the quantity of matsutake harvested Appendix II We will also consult with our Division from their lands. Illegal harvest does Our June 12, 2001, Federal Register of Law Enforcement and enforcement occur on National Park Service lands notice listed ten species of mosses that authorities of relevant importing and other Federal and State lands where are known to be wild collected: hanging countries about enforcement problems harvest is prohibited. Nearly all moss (Antitrichia curtipendula), log that might arise during the inspection of harvested American matsutake is mosses (Eurhynchium oreganum, wildlife shipments involving other felid exported at a premium price to Asia as Thuidium delicatulum, Hypnum a substitute for the rare Japanese species to better assess whether the curvifolium, and H. imponens), cat-tail matsutake (T. matsutake). Following a bobcat still meets criterion B of Annex moss (Isothecium myosuroides), review of the available biological and 2b (Criteria for the inclusion of species Menzie’s neckera (Metaneckera ecological information on the species, menziesii), Douglas’ neckera (Neckera in Appendix II in accordance with we have concluded that the species is Article II, paragraph 2 (b)) and should douglasii), lanky moss (Rhytidiadelphus widespread and abundant, and trade loreus), and goose neck moss remain listed because of similarity of does not appear to be a threat to the appearance. (Rhytidiadelphus triquetrus). We species. Therefore, the United States received two comments recommending C. What Species Proposals is the United does not intend to submit a proposal to several additional species: rough moss States not Planning to Submit for list American matsutake in CITES (Claopodium crispifolium), Sanionia Consideration at COP12, Unless it Appendix II. uncinata, Thudium recognitum, and the Receives Significant Additional Lichen genus Hypnum, which includes Information? approximately 20 species. The moss 2. Usnea Lichen (Usnea spp.)—Proposal Claopodium crispifolium is for Inclusion in Appendix II The United States does not intend to commercially harvested, whereas the submit its own proposals for the Lichens rank among the least well- other taxa were suggested due to following taxa unless we receive known forms of life, and their similarity of appearance among species. significant additional information taxonomic classification is undergoing None of these species has previously indicating that a proposal is warranted. changes. Many species of lichens were been proposed for CITES listing. These In some cases, we are aware that range historically circumboreal in their species of mosses are generally countries with greater involvement in distribution. More recently, lichens widespread throughout their respective the taxon’s trade or conservation are have been affected by habitat loss, air ranges. The distributions of some of preparing listing proposals for COP12. pollution, and commercial harvesting. these species outside North America The United States could co-sponsor or Many species of usnea lichens (Usnea and western Europe are incompletely actively support such proposals. In spp.) are used medicinally as an known. other cases, available information does antibacterial, and as decoratives in the The moss species Claopodium not support a defensible listing floral greens industry. The most crispifolium, Eurhynchium oregana, proposal. We welcome your comments, commonly wild-harvested usnea lichens Isothecium spiculiferum, Isothecium especially any biological and trade in the United States are Usnea barbata, stoloniferum, and Neckera douglasii are information on these species that may U. florida, U. hirta, and U. longissima. native to the Pacific Northwest of North Although U. longissima appears to have America. Three species, Antitrichia cause us to reconsider the submission of an extensive range and frequent curtipendula, Metaneckera menziesii, a proposal. For each species, more occurrence, it is commercially collected and Rhytidiadelphus loreus are also detailed information is available in the from the wild and its potential habitat predominately found in the Pacific Division of Scientific Authority than is is clearly continually declining. Usnea Northwest of North America. presented in the summary below. For longissima, in particular, is now listed Additionally, Antitrichia curtipendula each taxon, we describe external factors on Red Lists in many parts of Europe is found in Europe and Africa; that diminish the need for a U.S. listing and extirpated from much of its range in Rhytidiadelphus loreus in Europe and proposal or critical information gaps Scandinavian countries. Furthermore, China; and Metaneckera menziesii in that prohibit us from developing a U. longissima has a rank of G3 (at risk) Asia. Hypnum curvifolium and H. proposal. in the Global Heritage Status ranking imponens are distributed from the
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Midwest to the East Coast of North 4. Osha and Look-Alike Congeneric experiencing habitat loss and America. Thuidium delicatulum is Species (Ligusticum Porteri and degradation due to a wide variety of found in North, Central, and South Ligusticum spp.)—Proposal for factors, including fire suppression, America, Europe, and Asia. Hypnum inclusion in Appendix II grazing, use of herbicides, and imponens occurs in Europe. Isothecium Osha is a medicinal plant that occurs conversion of prairie to pasture. In 1999, myosuroides is found in North America throughout much of the Rocky Echinacea ranked as the number-one- and Europe. Rhytidiadelphus triquetrus, Mountains from northern Wyoming to selling herb in the United States and Thuidium recognitum, and most of the Chihuahua, Mexico. Several other North eighth in international herb sales. Of the nine species in the genus, three species in the genus Hypnum are American Ligusticum species (L. (Echinacea angustifolia, E. pallida, and circumboreal species found throughout filicinum, L. canbyi, and L. tenuifolium) E. purpurea) have proven medicinal the United States and Canada, Europe, are similar to L. porteri and may be properties and are known to be traded collected for medicinal purposes and and Asia. Sanionia uncinata has been internationally. Four other species (E. marketed as osha. Osha is not currently reported to occur in North and South atrorubens, E. paradoxa, E. sanguinea, listed under CITES and has not America, Europe, and Asia. Typically, and E. simulata) are known to be previously been proposed for CITES these moss species are found in mixed- harvested from the wild or suspected to listing. The primary threat to osha conifer/hardwood forests. Whole plants be collected incidentally due to their appears to be collection for the are harvested as mats, which are easily similarity of appearance to targeted peeled off limbs and logs, forming a medicinal market. Osha is traded as Echinacea species where they co-occur. kind of moss ‘‘pelt.’’ Moss pelts are sold ground roots, whole roots, tinctures, and Two others (E. laevigata and E. internationally and domestically as seeds for use as a remedy for head colds, tennesseensis) are quite rare, protected packing material in the horticulture coughs, influenza, pneumonia, and under the U.S. Endangered Species Act, fever. Research indicates that demand trade and for decorations in the floral and unlikely to be subject to commercial for L. porteri is increasing. North greens industry. The United States collection. In particular, E. angustifolia American Ligusticum species may be exports primarily to the Netherlands and E. pallida, though still locally replacing Chinese Ligusticum species in and Germany. common in parts of their ranges, are the marketplace because these taxa are known to be declining due to over- The majority of harvested mosses of becoming increasingly rare due to collection of roots and seeds from the the United States is concentrated in two habitat loss and market pressure. wild. Organized collection efforts, geographical areas: the Pacific Anecdotal information indicates that trespassing on private lands, and Northwest and the Appalachian demand for osha from the United States unauthorized collecting on public and Mountains. In the Pacific Northwest the may be rising because of decline in tribal lands for the purposes of commercial demand for mosses has populations in Mexico. Experts from collecting Echinacea roots and seeds increased steadily since the 1980s. For U.S. land management agencies indicate have been documented, as has the example, on one particular Pacific that L. porteri has been in decline over extirpation of entire populations by Northwest National Forest, permits have the last 10 years. diggers. Montana and North Dakota been issued for the harvest of 25,000 Osha is one of the seven wild have passed legislation banning the bushels of moss annually since 1989. medicinal plants under a moratorium on harvest of E. angustifolia. In order to Estimates based on permits for moss harvest in the State of Montana. In control illegal trade in these species and harvest on publicly owned lands in addition, the U.S. Forest Service is not generate additional trade data, we permitting collection of osha on their northwest Oregon are more than intend to review and consider listing lands because of concerns over the 500,000 pounds per year, and illegal U.S. native species of the genus sustainability of harvest. The harvest of harvest is thought to be at least twice Echinacea in CITES Appendix III. osha is destructive because the whole Consequently, the United States does the legal harvest. Very little is known plant is removed in the process. about growth and recovery following not intend to seek Appendix-II listing Cultivation of the species is limited at for this taxon at this time. commercial harvest of moss species and this time. In order to support the State the ecological role that these species of Montana and the U.S. Forest Service 6. Saw-Toothed Lewisia (Lewisia play in ecosystems. A prominent moratorium on harvest of these species Serrata)—Proposal for Removal From bryologist in the western United States and generate additional trade data, we Appendix II commented that one of the many intend to review and consider listing Saw-toothed lewisia has a very ecological roles mosses have in the U.S. native Ligusticum species in CITES restricted distribution and occurs at Pacific Northwest is nutrient cycling Appendix III. Consequently, the United only ten localities in California. This and that excess moss harvest may lead States does not intend to seek species was listed in CITES Appendix II to loss of soil fertility in heavy rainfall Appendix-II listing of this taxon at this in 1983. It was proposed for delisting by forests. U.S. Forest Service field time. Switzerland, as the Depository recovery studies in the wild indicate Government for CITES, at COP11. The 5. Coneflowers (Echinacea spp.)— proposal was withdrawn as a result of that sites which have been Proposal for Inclusion in Appendix II commercially harvested for moss will discussions in which the United States not be suitable for reharvest for decades. The genus Echinacea, comprising agreed to further review the species Because population and trade nine species, occurs primarily in the prior to COP12. Lewisia serrata is listed information is still lacking, the United Great Plains of the United States and as Vulnerable by the IUCN. It is a U.S. States is not planning to submit a Canada. It has not previously been Forest Service Sensitive Species. The proposed for CITES listing. primary threats to L. serrata are mining, proposal at COP12 to list moss species The primary threats to Echinacea timber harvest, development, in Appendix II. Instead, we have species vary. Some are collected from horticultural collecting, and small contracted a study on trade in U.S. the wild for their medicinal properties, hydroelectric power projects. Most native mosses. some are incidentally collected along populations of L. serrata occur on with the targeted species, and all are National Forest System lands. Though
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demand for this species is considered 8. Goldenseal (Hydrastis Canadensis)— several orders of magnitude, but may low and confined to alpine plant Proposal for Removal From Appendix II include several tens of thousands of collectors, the U.S. Forest Service Goldenseal is distributed across the pounds of dried rhizomes per year for Interim Management Guide for this eastern United States and into Ontario. the medicinals market. The amount species cites poaching by private or It has been listed in CITES Appendix II harvested for cattle feed is unknown, commercial collectors as a potential since COP10 (June 1997). The American but potentially significantly greater. threat to its existence. Of the four Herbal Products Association and Some sources indicate that bloodroot known occurrences of L. serrata on the American Botanicals have proposed that exports are ten times larger than the El Dorado National Forest, one has been this species be removed from the CITES amount consumed within the United extirpated, possibly by illegal collection Appendices. The primary threats to States. Other threats to bloodroot for horticultural use. An observed 80 goldenseal are habitat loss due to include displacement by exotic species, percent decline in another population development and logging and over- cattle grazing, surface mining, and the introduction of non-native genotypes may have been due to poaching. collection from the wild. It is estimated from other regions by those attempting International trade is not a significant that tens of millions of goldenseal to establish it in cultivation. Bloodroot threat since few applications to export individuals are harvested from the wild each year for the herbal products is suspected to be stable in parts of its this species have been received, and no industry. However, only a small fraction range, though declining locally in many trade has been recorded since it was of this total is recorded in international areas. It is rare in Indiana, Louisiana, listed. However, due to reports of illegal trade. Though it has a wide geographic Rhode Island, South Carolina, South collection and the potential for distribution, goldenseal has a relatively Dakota, Tennessee, Virginia, and individuals to enter international trade, narrow niche. Specific habitat Manitoba; extirpated from Washington, the United States does not intend to requirements, poor seed dispersal and DC; and ‘‘exploitably vulnerable’’ in submit a proposal to remove L. serrata germination, and a highly clumped New York. Due to the lack of clear from CITES Appendix II at this time. distribution pattern make this species evidence that this species is sustaining a general decline in the wild, the United 7. Oconee-bells (Shortia Galacifolia)— particularly susceptible to harvest States does not intend to submit a Proposal for Removal From Appendix II pressures. Goldenseal is becoming increasingly rare and many areas report proposal to list it in CITES Appendix II Oconee-bells has a restricted that populations are in sharp decline at this time. distribution in Georgia, North Carolina, due to over-harvest. Since populations 10. Black cohosh ( Cimicifuga racemosa South Carolina, and Virginia. It is are not monitored by most States, there [Actaea racemosa]) and Look-Alike abundant at most of its few remaining is little direct evidence of current Congeneric Species (Cimicifuga spp.)— sites. This species was listed in CITES population trends beyond one study Proposal for Inclusion in Appendix II Appendix II in 1983. It was proposed for that documents a dramatic decline in Black cohosh has a very broad range delisting by Switzerland, as the populations at a Nature Preserve in Indiana over a 26-year period. Poaching in eastern North America and is Depository Government for CITES, at frequently encountered in a wide COP11. The proposal was withdrawn as has been reported throughout the range, as has the extirpation of entire variety of wooded habitats across its a result of discussions in which the range. It has not previously been United States agreed to further review populations by collectors. Six States (Connecticut, Georgia, Massachusetts, proposed for CITES listing. The primary the species prior to COP12. Shortia Minnesota, North Carolina, and threats to black cohosh are habitat loss galacifolia is listed as Vulnerable by the Vermont) list goldenseal as Endangered. and over-collection. It is in great IUCN. It is also a U.S. Forest Service Canada lists it as Threatened. For these demand for its medicinal properties. Sensitive Species. Natural populations reasons, the United States does not Already popular in Europe and are protected on lands managed by the intend to submit a proposal to remove Australia, where most of the harvest is U.S. Forest Service and the State of goldenseal from Appendix II unless shipped, black cohosh has recently North Carolina. The primary threat to S. substantial additional information experienced a dramatic increase in galacifolia is habitat loss, but becomes available to indicate that its consumption, especially in the United populations have been lost in the past status in the wild is secure. States. Some raw material is exported due to horticultural collection. Illegal from the United States to Europe, where collection from U.S. Forest Service 9. Bloodroot (Sanguinaria it is processed for re-export back to the lands is suspected. There is reportedly Canadensis)—Proposal for Inclusion in United States. Indicators show long- Appendix II a reasonable demand for this species term growth in demand for black cohosh within the United States, particularly Bloodroot has a very broad range and despite recent wholesale price within its natural range. However, there is a frequent component of mesic fluctuations. Most black cohosh is is no international trade in this species, hardwood forests across the eastern harvested from the wild in the eastern partly because the Division of Scientific United States and southeastern Canada. United States. It is cultivated only on a Authority has been unable to find no It has not previously been proposed for very limited scale. Average annual CITES listing. The primary threats to harvest from the wild is estimated to detriment for export applications on bloodroot are habitat loss and over- impact tens of millions of individuals three occasions since 1994. It is rarely collection. It is used in toothpaste, per year. Black cohosh is rare in Illinois, grown outside its natural range, cough syrup, and cattle feed. It is also Massachusetts, Mississippi, and although it is cultivated in Europe to a sold as nursery stock. Most bloodroot is Ontario, and extirpated in Iowa, but limited extent. Due to reports of illegal harvested from the wild in the eastern reportedly abundant in other portions of collection and the potential for United States. It is cultivated only on a its range. However, many experts state individuals to enter international trade, very limited scale. Bloodroot is with certainty that unsustainable the United States does not intend to consumed domestically as well as harvest is occurring and that submit a proposal to remove S. traded abroad, primarily to Europe. populations are declining, especially on galacifolia from CITES Appendix II at Estimates of the total amount of public lands. Unauthorized collection this time. bloodroot harvested each year span on National Forests is reported to be
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extensive, and incidents of poaching distribution throughout the eastern trade is a factor threatening these from National Parks have been United States. It has not previously been species. documented in recent years. Though it proposed for CITES listing. The primary 14. Ill-Scented Trillium (Trillium is unlikely that they are targeted for threats to D. villosa are habitat loss and erectum)—Proposal for Inclusion in collection from the wild, mountain commercial over-exploitation. It is of Appendix II bugbane (C. americana [=Actaea considerable collecting interest for the podocarpa]) and Appalachian bugbane herbal products trade. However, due to Ill-scented trillium occurs in eastern (C. [=Actaea] rubifolia) are suspected to taxonomic confusion, which species of Canada and the eastern United States at be incidentally collected along with Dioscorea are affected by the market is mid to high elevations in moist woods black cohosh where they co-occur. often unclear. Approximately 60,000 and on wooded slopes. It is relatively There are also three other species of pounds (dry) of D. villosa are estimated common throughout the central portion Cimicifuga found in the western United to have been collected from the wild of its range where suitable habitat is States and Canada that are likely to be each year for the past three years, up available. It has not previously been indistinguishable in trade from C. from an estimated 20,000–25,000 proposed for CITES listing. The primary racemosa. In order to control illegal pounds (dry) per year in the early 1990s. threats to T. erectum are habitat loss, trade in these species and generate This species may be declining in the over-collection, and browsing by deer. additional trade data, we intend to wild, but assessment is difficult given This species is collected for ornamental review and consider listing U.S. native taxonomic uncertainties. In addition, and medicinal uses, sometimes species of the genus Cimicifuga in insufficient trade data exist to indicate intensively. Collection pressure may be CITES Appendix III. Consequently, the that D. villosa qualifies for Appendix II exacerbated by the fact that it is slow to United States does not intend to seek of CITES at this time. For these reasons, mature and primarily reproduces by Appendix-II listing for this taxon at this the United States does not intend to seed. An estimated 37,500 to 75,000 time. submit a proposal to list this species in plants are harvested for the United Appendix II unless substantial States and European herbal products 11. Blue cohosh (Caulophyllum additional information becomes markets every year. Wild-collected thalictroides)—Proposal for Inclusion in available. Trillium rhizomes are also sold Appendix II domestically and exported to Japan, the Blue cohosh has a very broad range 13. Sundews Native to the United States Netherlands, and the United Kingdom across the eastern United States and (Drosera spp.)—Proposal for Inclusion as ornamentals. International demand Canada and is frequently encountered in in Appendix II for T. erectum may be on the order of a wide variety of wooded habitats. It has The nine species of sundews native to several thousand plants per year. Some not previously been proposed for CITES the United States are Drosera anglica, D. experts suspect that this species is over- listing. The primary threats to blue brevifolia, D. capensis, D. capillaris, D. collected and becoming scarce in some cohosh are habitat destruction and over- filiformis, D. intermedia, D. linearis, D. parts of its range. However, others say collection. It is harvested from the wild rotundifolia, and D. tracyi. Sundews T. erectum is relatively stable. It is for its medicinal value and for sale as have not previously been proposed for common in Pennsylvania, North nursery stock. An estimated 10,000– CITES listing. Sundews generally grow Carolina, South Carolina, Virginia, and 25,000 pounds (dry) were traded in in acidic soils and hydrologically parts of Michigan, but rare in Delaware, 2000, all of which were wild collected. sensitive areas. Therefore, they are Rhode Island, Manitoba, and Nova The U.S. market for blue cohosh is infrequent in their distribution, though Scotia; Endangered in Illinois; and relatively small. The species is also some are quite wide ranging and others ‘‘exploitably vulnerable’’ in New York. traded overseas, especially to Europe, are locally common where they are Habitat destruction is likely the greatest though the amount of material exported found. Drosera brevifolia and D. threat to this species. For these reasons, is unknown. The number of blue cohosh capillaris are listed as Rare by the IUCN. the United States does not intend to plants per population is highly variable The primary threats to sundews are submit a proposal to list this species in and can range from only a few stems to habitat loss and over-collection for their CITES Appendix II unless we receive thousands of individuals. In certain ornamental and medicinal values. Many substantial additional information areas it is considered at risk from U.S. States and Canadian provinces indicating a decline in its biological collection pressure, but some reports provide special protection for various status. indicate that it is stable in portions of species of Drosera. In particular, the 15. Cat’s claw (Uncaria tomentosa and its range. It is rare in Arkansas, Kansas, State of Montana and U.S. Forest U. guianensis)—Proposal for Inclusion North Dakota, Nebraska, Rhode Island, Service Regions 1 and 4 have in Appendix II South Carolina, South Dakota, established a temporary moratorium on Manitoba, and Nova Scotia. Insufficient the harvest of wild Drosera spp. from Cat’s claw is a vine native to much of biological and trade data exist to their lands. Drosera anglica, D. tropical Central and South America. It indicate that blue cohosh qualifies for intermedia, and D. linearis are U.S. has not previously been proposed for Appendix II of CITES at this time. For Forest Service Sensitive Species. CITES listing. The primary threat to these reasons, the United States does However, D. linearis is the only sundew cat’s claw appears to be a sudden not intend to submit a proposal to list native to the United States known to be increase in potentially unsustainable blue cohosh in Appendix II unless declining in status. The primary cause collection to meet the demand for the substantial additional information is of the decline is habitat degradation. plants’ medicinal properties. Despite received. There are also no data to indicate that wide distribution, most of the sundews harvested from the wild are commercial supply of cat’s claw comes 12. Yellow Yam ( Dioscorea villosa)— entering international trade. For these from Peru. In 1995, Peru exported over Proposal for Inclusion in Appendix II reasons, the United States does not 700 tons of dried bark. As of 1999, cat’s The taxonomy of Dioscorea villosa is intend to submit a proposal to list this claw was in demand in more than 30 inadequately understood. It is unclear taxon in CITES Appendix II unless we countries outside Peru, with the United whether this species is restricted to the receive substantial additional States being the largest importer. The coastal plain or has a much broader information indicating that international inner bark of cat’s claw is reputed to
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have therapeutic properties that hold of the average harvest of cascara sagrada canopy opening to germinate. promise for the treatment of numerous bark range from several hundred Harvesting and processing are very conditions such as arthritis, cancers, thousand to a few million pounds (dry) inefficient. tumors, and viral infections, including each year, mostly from the wild. Bigleaf mahogany populations have AIDS. Cat’s claw has been and still is Methods of sustainably harvesting the been depleted in major portions of its being harvested mainly from natural bark are known, but not always used. range, especially from Mexico to stands in high-elevation natural forest. Some experts indicate that this species Colombia. The most extensive stands The plant is usually cut at the base and is declining in the wild; that many remain in Brazil, which recently the vine is pulled down from the populations are harvested repeatedly, to imposed a temporary moratorium on the canopy. Frequently, collectors cut down the extent that they no longer function harvest and export of the species. The the tree that supports the cat’s claw naturally in their environment; and that species is listed as Vulnerable by vine. Forestry officials and older trees cut for bark are becoming WCMC and the IUCN World List of conservationists in Peru are encouraging uncommon. Incidents of illegal Threatened Trees. Bigleaf mahogany people to propagate cat’s claw. The collection have been documented in (from the Americas) was listed in Peruvian Government issued a recent years. The intensity of collecting, Appendix III by Costa Rica in November Presidential Decree in 1999 that and therefore the degree of threat to the 1995. The listing included saw-logs, prohibits the export of un-processed or species in major portions of its range, is sawn wood, and veneer sheets (i.e., mechanically processed cat’s claw speculative and requires additional other derivatives such as furniture are unless it is obtained from managed documentation. The United States is not exempt from CITES requirements). natural stocks or plantations. Studies planning to submit a proposal to list Bolivia (March 1998), Brazil (July 1998), aimed at producing cat’s claw in vitro cascara sagrada in CITES Appendix II, Mexico (April 1999), Peru (June 2001), are on going. Little biological or trade unless we receive additional and Colombia (October 2001) information about cat’s claw from other information suggesting we should take subsequently have taken the same Central and South America countries is other action. action. An Appendix-III listing requires available. While we will continue to that countries that list the species issue 17. Bigleaf Mahogany (Swietenia collect information and monitor this permits and ensure that specimens are macrophylla)—Proposal for Inclusion in species, the United States does not legally acquired. Non-listing range Appendix II intend to submit a proposal to include countries must issue certificates of it in CITES Appendix II at COP12. Bigleaf mahogany ranges from Mexico origin, and importing countries are to Brazil and Bolivia. Defenders of required to ensure that all shipments are 16. Cascara Sagrada (Frangula Wildlife has requested that the United accompanied by the appropriate CITES purshiana [=Rhamnus purshiana])— States propose this species for inclusion documents. Proposal for Inclusion in Appendix II in Appendix II. Proposals to include The United States is unlikely to Cascara sagrada is a shade-tolerant this species in Appendix II were submit a proposal at COP12 to list understory tree species of Pacific Coast submitted at COP8 (March 1992) by bigleaf mahogany in CITES Appendix II. forests of the United States and Canada. Costa Rica and the United States, at We are encouraged by recent efforts by It has not previously been proposed for COP9 (November 1994) by the Brazil to control illegal trade in this CITES listing. The primary threat to this Netherlands, and at COP10 (June 1997) species and by the continuing increase species is over-exploitation of the bark by Bolivia and the United States. At in the number of countries listing this for its medicinal properties, which is COP8, the proposal was withdrawn. At species in Appendix III, although we used as a laxative and in sunscreen COP9, the proposal submitted gained 60 remain concerned about continuing preparations. Cascara sagrada has long percent of the vote, short of the two- reports of illegal and unsustainable been subjected to intensive exploitation thirds majority needed for adoption. trade in the species. We will continue in considerable portions of its range, The COP10 proposal also received the to be active in efforts to improve the especially southern British Columbia, majority of the votes, but did not obtain control of trade in S. macrophylla and western Washington and Oregon, and the required two-thirds majority. The monitor progress in the event that northern California. Since its peak in primary threat to S. macrophylla is further action is needed in the future. the 1960s, the demand for cascara bark commercial over-exploitation. 18. Port-Orford-Cedar (Chamaecyparis has diminished due to the development Approximately 120,000 cubic meters of lawsoniana)—Proposal for Inclusion in of alternative drugs and methods of bigleaf mahogany are traded the CITES Appendices synthesizing the active ingredient found internationally each year, not including in the bark. In addition, it has been illegal and unreported trade, which are The Port-Orford-cedar is restricted to established in plantations, though likely to be substantial. The United a small geographic area of 220 miles, possibly only to a limited extent. States is by far the largest importer of from the southwest corner of Oregon to Cascara sagrada has since recovered the species. Brazil, Bolivia, and Peru are the northwest corner of California. The through much of its natural range, even the largest exporters. Mahogany is a majority of the species’ range is to the point that special legal protection very long-lived species, with generation managed by the U.S. Forest Service and for it in Canada was repealed. However, times approaching centuries. the Bureau of Land Management. We it may be experiencing a resurgence in Regeneration is random, occurring in received one comment from TRAFFIC demand in the United States as a result extensively cleared areas after large- North America requesting that ‘‘the of growing interest in ‘‘natural’’ scale disaster. Therefore, it generally United States consider concrete remedies and an FDA ban on certain occurs in even-aged stands, and modern measures to control harvest and/or active ingredients in laxatives. logging practices commonly lead to the exports of Port-Orford-cedar by Cascara sagrada has ranked among the complete removal of stands over a large examining the conservation merits of a top-selling herbal supplements in the area, leaving few smaller individuals CITES listing for this species.’’ The United States in recent years. In and an insubstantial seed source for United States considered an Appendix- addition, demand for it in Europe is future regeneration. Regeneration after II listing proposal for the Port-Orford- significant, and may be substantially selective felling is often poor or non- cedar for COP9, but our review at that larger than domestic demand. Estimates existent because seeds need a large time concluded that existing State and
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Federal control mechanisms were specimens, as trade in seeds is usually 22. All Appendix-II Plants—Proposal To sufficient to prevent over-collection of not regulated under CITES Appendix II. Remove the Exemption of all Seeds, the species. Nearly all harvested Port- The impact on U.S. populations could Pollinia, and Fruits, Except Those From Orford-cedar is exported at a premium be particularly great because trade in Artificially Propagated Plants price to Japan as a substitute for the rare cacti seeds of Appendix-II Mexican The Minnesota Natural Heritage and Japanese hinoki (C. obtusa) wood. species originating in Mexico is Nongame Research Program suggested A 1998 report, compiled by WCMC regulated under the Convention, but that we should submit a proposal to for the CITES Management Authority of trade in seeds of the same species remove the exemption for seeds, the Netherlands, evaluated the Port- originating in the United States is not. pollinia, and fruits of Appendix-II Orford-cedar as meeting the CITES For these reasons the United States does species except for such specimens listing criteria for Appendix I. However, not intend to submit a proposal to derived from artificially propagated most of the decline in Port-Orford-cedar plants. The Minnesota Natural Heritage was due to the fact that the species is transfer the species from Appendix I to II. and Nongame Research Program made extremely susceptible to an introduced this suggestion because, it stated, ‘‘the root rot disease that has spread 20. Siler’s Fish-Hook Cactus removal of reproductive parts is throughout the species’ range. There is (Sclerocactus sileri)—Proposal for tantamount to removal of plants and currently no known cure for trees Transfer From Appendix II to should be subject to the same infected with the root rot; infected trees Appendix I restrictions.’’ The CITES Parties have are harvested for commercial sale. In agreed to exempt seeds and other parts 1994, The Nature Conservancy It appears from our review of the of Appendix-II plants because, classified Port-Orford-cedar plant literature that Sclerocactus sileri is a generally, trade in seeds is not a threat communities as G2 (globally imperiled). synonym for Pediocactus sileri, which is to the survival of species, since often The U.S. Forest Service and the Bureau listed as Threatened under the U.S. many more seeds are produced than of Land Management recently Endangered Species Act. It was listed in actually survive to adulthood. completed a comprehensive range-wide Appendix II on July 1, 1975, and later Furthermore, Appendix-II plants are assessment of Port-Orford-cedar uplisted to Appendix I on July 29, 1983. those considered to be sufficiently indicating that the species is stable. Inconsistencies exist in descriptions of abundant and secure to allow some Therefore, in the absence of proof of level of removal from the wild, even as trade-based threats posed to the species, the range of this species. We will continue to investigate to determine adult plants. In the case of perennial the United States does not currently plants, the removal of some seeds is not intend to submit a proposal to list C. whether these two names refer to the same species. At this time, the United considered to be a threat to the survival lawsoniana in either CITES Appendix I of the species because the plants are or II. States does not intend to submit a proposal to transfer the species from likely to produce additional seeds in the 19. Lloyd’s Mariposa Cactus Appendix II to I. future, and some plants reproduce (Sclerocactus mariposensis)—Proposal vegetatively at greater rates than through for Transfer From Appendix I to 21. Small-flower fish-hook cactus seed. While we realize that all seed is Appendix II (Sclerocactus parviflorus)—Proposal for not expendable, and some species Sclerocactus mariposensis is a small Transfer From Appendix II to produce seed at very low rates, a broad cactus found in the Chihuahua Desert Appendix I change to include all seed and other region of northern Mexico and reproductive parts of Appendix-II Sclerocactus parviflorus is a small southwest Texas. This species has a species is not warranted. It is worth very restricted distribution, known from U.S. endemic cactus species occurring noting that the CITES Parties adopted a about 30 sites. The species was listed in in Utah, Arizona, Colorado, New proposal by Mexico to include seeds in Appendix II on July 1, 1975, and later Mexico, and Nevada. It was listed in the listing of that country’s Appendix- uplisted to Appendix I on July 29, 1983. Appendix II on July 1, 1975. Very little II cactus species, but this has presented At COP11, Switzerland, on behalf of the information is available about the status implementation problems that have Plants Committee, proposed to downlist of this species. Arizona protects the prompted the CITES Plants Committee the species from Appendix I to II. The species because it is subject to damage to pressure Mexico to delist these seeds. proposal was rejected with a vote of 47 by theft or vandalism. It is considered If a species is so rare or has specific life- to 35. Sclerocactus mariposensis is a rare plant in New Mexico, under the history characteristics that would listed as Threatened under the U.S. name S. cloveriae. Information provided warrant the inclusion of seeds in a Endangered Species Act and as by New Mexico indicates that, although listing, the species should be considered endangered under Mexican domestic collection of the species occurs, it is for listing in Appendix I. However, the regulation. Collecting from the wild has presently at a rate that does not threaten United States does not intend to go had the largest impact on S. the species. Seeds of S. parviflorus are forward with a proposal to include seeds, pollinia, and fruits in the listings mariposensis and remains its greatest available on the Internet from Websites of all Appendix-II plants. threat. Mining and drilling activities, located in Germany and Malta, off-road vehicles, and grazing also indicating international demand for the Invertebrates threaten the species within the United species exists and international trade 23. Eastern Hemisphere tarantulas States. Records indicate that export of occurs. Because so little information seeds and plants from the United States (Poecilotheria spp.)—Proposal for about the status of the species is has been limited to artificially Inclusion in Appendix II available at this time, the United States propagated specimens. However, The 11 known species of Eastern artificial propagation of the species is does not intend to submit a proposal for Hemisphere tarantulas (Poecilotheria) reported to be difficult. Therefore, transfer to Appendix I. However, we occur only in the forests of southern transfer of S. mariposensis to Appendix will continue to study this species to India and Sri Lanka. They are II could shift trade from artificially determine if a change in listing is threatened by habitat loss and collection propagated specimens to wild needed. for the commercial hobbyist trade. None
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of the species are currently listed under degree fishing in one area affects C. maximus (especially from the CITES. At COP11, the United States co- populations in other areas, although the Northeastern Atlantic) and these suggest sponsored a proposal with India and Sri fact that at least some of the sharks stock reductions of 50–90 percent over Lanka to list all of the Eastern migrate long distances within ocean short periods (typically a few decades or Hemisphere tarantulas in Appendix II. basins suggests that the effects may not less). These declines have persisted into Although the proposal received a simple be purely local. the long-term with no apparent recovery majority of votes, it did not receive the Whale sharks are currently protected several decades after exploitation has two-thirds majority necessary for in Australia, the Maldives, Honduras, ceased. Other data, based on sightings adoption. Since COP11, the United Malaysia, the U.S. Atlantic coast and and less well-recorded fisheries, suggest States has remained active in efforts to Gulf of Mexico, India, South Africa, and similar declines. conserve these Eastern Hemisphere the Phillippines, leaving Taiwan as the Demand for the fins of C. maximus tarantula species. We have urged both only jurisdiction with a significant has increased in recent years. Fins are India and Sri Lanka to list Poecilotheria commercial fishery. Illegal trade may be known to enter international trade, spp. in CITES Appendix III. Although growing and compromises the domestic particularly exported from the this has not yet happened, India protection mentioned above. Northeastern Atlantic to Eastern Asia, recently included the Eastern Nonetheless, we are concerned that only where they command a high value, Hemisphere tarantulas in its schedule of limited data are available on trade either fresh or dried, as a food item. protected species under the Indian volumes and the impact of remaining This demand currently maintains the Wildlife Protection Law (the tarantulas fisheries. Therefore, the United States is viability of targeted fisheries for this are already protected by Sri Lankan reluctant to submit a listing proposal at species and encourages incidental take law). The United States sponsored this time. However, we are still in non-target fisheries. A single C. workshops in India and Sri Lanka to interested in determining ways of maximus can yield over 90 kilograms of train local conservationists in methods obtaining information on current levels fins, and reported prices range from for identifying and conducting field of international trade (beyond the 100–300 U.S. dollars per kilogram population surveys of tarantulas. We valuation data above), range country (dried) and 26 U.S. dollars per kilogram expect that this training will lead to the initiatives for CITES listings, and (fresh). Fins, if unprocessed, are initiation of long-term monitoring development of identification manuals. identifiable in trade. There is only limited demand for the flesh and programs for the species. We are also 25. Basking shark (Cetorhinus cartilage of this shark. The species is active in efforts to stop illegal collecting maximus)—Proposal for Inclusion in given domestic protection over a limited of tarantulas by foreign hobbyists and Appendix II part of its range, and the United commercial collectors. Given these The Defenders of Wildlife and the ongoing conservation efforts, the United Kingdom placed C. maximus fins and Humane Society International whole animals in Appendix III in States is unlikely to submit a listing recommended that the United States proposal for Eastern Hemisphere September 2000. The United States is consider a proposal for listing the evaluating the benefits of listing basking tarantulas at COP12. However, we are basking shark in CITES Appendix II. aware that the two range countries, shark in Appendix II of CITES. The basking shark is widely distributed Given the favorable discussions and India and Sri Lanka, may have interest in coastal waters and on the continental votes at COP11, the United Kingdom in submitting a proposal, and we have shelves of temperate zones in the may re-submit an Appendix-II listing offered our assistance to them in the Northern and Southern Hemispheres. proposal for basking sharks at COP12. preparation of such a proposal. The United Kingdom proposed the Therefore, the United States does not Fish species for listing in Appendix II at intend to develop a proposal at this COP11, with the full support of the 24. Whale Shark ( Rhincodon typus)— time, but will rather consult with the United States, but was unsuccessful. United Kingdom and the European Proposal for Inclusion in Appendix II The species is planktivorous, bears a Union as it prepares for COP12. The The whale shark is the largest fish and small number of live young United States may support any such is a sluggish pelagic filter feeder often (ovoviviparous), and is the second Appendix-II proposal for basking shark, seen swimming on the surface. It occurs largest fish in the world (up to 10 meters or may reconsider its plans if no in tropical and sub-tropical waters in length and 5–7 tons in weight), proposal is forthcoming. We would worldwide. The United States exceeded only by the whale shark. The appreciate any information that you unsuccessfully proposed the species for main threat to basking shark might provide on the current status, inclusion in Appendix II at COP11. The populations is from fishing operations, conservation threats, and international primary threat to the species is directed both targeted on basking sharks and trade in basking shark. commercial harvest, exacerbated by a incidental or by-catch in other fisheries. vulnerable life history. Harvest is However, because these fish congregate 26. White shark (Carcharodon facilitated by seasonal aggregations in in bays and shallow water, they are also carcharias)—Proposal for Inclusion in known areas and driven by a lucrative at risk from collisions with vessels. The Appendix I international market for fins and meat. biology of the species makes it The Defenders of Wildlife and the The whale shark has recently been especially vulnerable to exploitation: it Humane Society International suggested targeted for its fins, meat, and liver in has a slow growth rate, a long time to that the United States consider listing several places in Asia, including India, sexual maturity (ca. 12–20 years), a long the white shark in CITES Appendix I or Pakistan, China, Indonesia, the gestation period (1–3 years) and a II. Australia and the United States Philippines, Taiwan, Japan, and the similar interval between pregnancies, unsuccessfully proposed the white Maldives. Population size is unknown, low fecundity (the only recorded litter shark for inclusion in CITES Appendix but the species is considered to be rare. was of just six very large pups), and II at COP11. Subsequently, Australia Local seasonal populations have probable small populations. Its habit of listed the species in Appendix III, apparently declined drastically in some ‘‘basking’’ at the surface makes it effective October 2001. Existing data places, while fishing effort and price vulnerable to harpoon fisheries. There suggest that white sharks are uncommon have increased. It is not known to what are a few well-documented fisheries for and occur singly as scattered,
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unassociated individuals and 20,000 tons. Data from Australia, New contains a number of measures to occasionally as pairs. The white shark Zealand, and Japan suggest that the reduce harvest, eliminate the directed has always been uncommon to scarce spawning stock biomass is now only fishery for spiny dogfish, and thus throughout its range excepting certain 25–47 percent of that in 1980 and 37– curtail international trade. Through areas usually frequented by pinniped 58 percent of that in 1986. Since the quota reductions and ‘‘trip limits’’ colonies where it may be seasonally mid-1990s, stock biomass has been imposed on each vessel, total catch has common in its search for food. Evidence roughly stable with possible slight been reduced from roughly 30 million of population declines exist from increases or decreases. There is a risk of pounds in 1999 to less than 4 million commercial and recreational fishery further stock declines if current fishing pounds in 2001. Further quota data in the northwest Atlantic, beach levels are maintained. reductions are expected in the near meshing, game fishing, and sightings International management of the future, and severe limitations on data in Australia, and beach meshing in fishery is under the Convention for the poundage that can be landed per trip South Africa. However, it is impossible Conservation of Southern Bluefin Tuna (currently 500 pounds per vessel) to prove worldwide decline in the white to which Australia, Japan, New Zealand, essentially eliminate the high-volume shark since it is widespread, and data and the Republic of Korea are Parties. fishery that drove international trade in have historically been meager. This Convention establishes (since the 1990s. High-volume trade is Precautionary management measures 1994) the Commission for the necessary to maintain international have recently banned possession and Conservation of Southern Bluefin Tuna markets because of the high cost of landing of white sharks in several areas (CCSBT), which sets the global Total fishing operations and low wholesale (California, U.S. East Coast and Gulf of Allowable Catch (TAC) and national value of the product (approximately 15 Mexico, Australia, South Africa, Malta, allocations for its member countries. It cents per pound). Fisheries for spiny Namibia, and the Maldives). provides an internationally recognized dogfish are prosecuted by several The primary threats to white sharks forum for other countries/entities to countries in the North Atlantic and include by-catch in longline and gillnet actively participate in issues relating to North Pacific, and we believe it would fisheries, trophy hunting, and demand management of the species. The CCSBT be difficult or impossible to differentiate for jaws and teeth as curios. We believe is actively pursuing efforts to encourage Northwest Atlantic S. acanthias that international trade in white shark accession to the Convention for the specimens from other S. acanthias products represents a negligible threat Conservation of Southern Bluefin Tuna stocks in trade. Furthermore, the United to the species, especially when by other countries involved in the States believes that rebuilding of this compared to by-catch losses and other fishery so that the global fishery can be stock can be accomplished under the incidental mortality in commercial managed sustainably. The CCSBT has Magnuson-Stevens Act and, therefore, fisheries. Therefore, the United States also instituted a Catch Certification does not intend to propose this species does not support a CITES Appendix-I Scheme to obtain more accurate for listing in CITES Appendix II. We listing for white sharks at this time. information on international trade. will monitor stock recovery under the However, we could consider supporting Given the regional nature of the fishery, Federal FMP (and complementary or co-sponsoring another country’s the growing cooperation between actions taken in State waters by the proposal for an Appendix-II listing to harvesting nations, and the recent Atlantic States Marine Fisheries improve the collection of trade data and institution of a Trade Certification Commission), and could reconsider encourage regional management if the Scheme, the United States does not listing action before the thirteenth situation arises, and especially if the believe an Appendix-II listing is meeting of the Conference of the Parties proposal contained additional trade warranted for Southern bluefin tuna at to CITES (COP13), if the situation information to support a listing. this time. warrants it. 27. Southern bluefin tuna ( Thunnus 28. Spiny Dogfish (Squalus Acanthias, 29. Orange roughy (Hoplostethus maccoyii)—Proposal for Inclusion in Northwest Atlantic Stock Only)— atlanticus)—Proposal for inclusion in Appendix II Proposal for Inclusion in Appendix II Appendix II The Humane Society International The Humane Society of the United The Humane Society International recommended that the United States States recommended that the United recommended that the United States propose the Southern bluefin tuna for States consider proposing the spiny propose listing orange roughy in CITES listing in CITES Appendix II. The dogfish for listing in CITES Appendix II Appendix II. Orange roughy is widely Southern bluefin tuna inhabits portions at COP12. The spiny dogfish has a distributed in deep water (about 300– of the Pacific, Atlantic, and Indian circumglobal distribution and is found 1500+ meters) at temperate latitudes in Oceans in the Southern Hemisphere. in the temperate portions of the Atlantic the Pacific, Atlantic, and Indian Oceans. The only known spawning ground is and Pacific Oceans. This species has not It has not previously been proposed for located south of Java, Indonesia, and previously been proposed for CITES CITES listing. While it is believed to be northwest of Australia. Juveniles then listing. According to the most recent only a single species, numerous migrate along the west coast of scientific assessment, spiny dogfish in spawning aggregations have been Australia, inhabiting coastal waters of the Northwest Atlantic are over-fished. identified, some of which represent southwest, south, and southeast Although total stock biomass is genetically distinct populations. The Australia. As fish reach maturity, they currently at a high level, harvest levels primary threat to this species is over- extend their ranges to the circumpolar and exploitation rates of the late 1990s exploitation by fisheries. Orange roughy regions. The predominant threat to the cannot be sustained. Spawning stock have extremely low productivity species is commercial fishing. The high biomass declined by 50 percent during relative to most other marine teleosts. commercial value of the species makes the 1990s. Recent harvest rates exceed Studies have suggested an age of it extremely attractive to targeted the replacement level for the stock and maturity of 20–30 years and a maximum fishing, even when stocks are depleted. recruitment has declined. Under the age of 100–200 years. Fecundity is also The global catch of Southern bluefin Magnuson-Stevens Act, a Fishery low by comparison with other marine tuna has declined from about 80,000 Management Plan (FMP) has been teleosts. These characteristics make the tons in the late 1950’s to less than developed for spiny dogfish. The FMP species vulnerable to over-exploitation
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and slow to recover or rebuild from distribution of toothfish into the area. consider reviewing their domestic laws over-fishing. Hoplostethus atlanticus is Some of the catch taken outside the and regulations, with a view to exploited and traded internationally by CCAMLR Convention Area is legal catch prohibiting landings and trans- three primary countries: New Zealand, from regulated fisheries in the Exclusive shipments of toothfish declared in a Australia, and Namibia. Due to its low Economic Zones (EEZs) off South DCD as having been caught in FAO productivity, orange roughy can be America. The remainder of this catch, in Statistical Area 51, if a Flag State fails fished down rapidly, and several all likelihood, is fish poached from the to demonstrate that it verified the DCD populations in the waters of these three CCAMLR Convention Area by vessels using automated satellite-linked Vessel countries have been reduced to only a not licensed to fish there, and Monitoring System data. Area 51 is small fraction of their unexploited stock misattributed to unregulated high seas outside the CCAMLR Convention Area size. In all three of the primary capture fisheries outside the Convention Area. and appears to be a cover on DCDs for countries, by far the majority of the The estimated unreported and illegally toothfish illegally harvested within the landings are exported, with relatively fished catch of Patagonian toothfish Convention Area. smaller amounts entering into domestic during the 2000/01 split-year was 7,599 Given the recent adoption of the CDS, trade. tonnes. Therefore, it is estimated that its initial success in limiting trade in Major export markets include the 50,396 tonnes of toothfish were illegally caught toothfish, and United States, Europe, and Japan. harvested (both legally and illegally, continuing improvements to the CDS, However, most of the major orange accurately reported and misreported) the United States does not believe that roughy populations are managed under during the 2000/01 split-year. an Appendix-II listing for toothfish is national fishery management plans in There are several characteristics of the warranted at this time. However, we are these countries, and quotas and catches life history of D. eleginoides that make interested in re-examining the toothfish are gradually being reduced towards the species vulnerable to over- trade after we have had more time to sustainable levels. All three of the exploitation. The production of large evaluate the effectiveness of the CDS, primary harvesting countries have yolky eggs implies that fecundity of and the ability of CCAMLR to track and rigorous monitoring and surveillance Patagonian toothfish is comparatively monitor the trade in countries which systems in place for this species, and low. In addition, D. eleginoides matures have chosen not to issue DCDs. The therefore illegal trade is likely to be at a relatively late age, with age at first United States will continue to assess the negligible. Given the management steps spawning from 8–10 years of age. The level of Illegal Unreported or being taken by the principal harvesting species is relatively slow growing and Unregulated (IUU) fishing and the nations, ongoing monitoring programs, long-lived, likely surviving to a progress in voluntary implementation of and negligible illegal trade, the United minimum of 40–50 years old. the CDS by non-CCAMLR parties in States is not prepared to submit an CCAMLR adopted a conservation making decisions prior to COP13. The Appendix-II listing proposal for this measure to track and monitor trade in United States is also considering how species at this time. Dissostichus spp. (Patagonian and fisheries trade tracking and monitoring Antarctic toothfish), known as the Catch schemes like the CDS might work in 30. Patagonian toothfish (Dissostichus Documentation Scheme (CDS), which conjunction with a CITES listing to eleginoides)—Proposal for inclusion in became effective in May 2000. obligate trading partners who are not Appendix II Following its adoption, CCAMLR otherwise covered by, or choose not to The Patagonian toothfish, a species of formed an Informal CDS Working become a part of, such schemes. the Family Nototheniidae, is the largest Group. The Group met prior to the 2000 finfish inhabiting the Southern Ocean and 2001 meetings of CCAMLR, and 31. Beluga sturgeon ( Huso huso)— with any economic importance. The CCAMLR, at its 2001 meeting, directed Proposal for Transfer From Appendix II Humane Society International and that it continue meeting for 2 to 3 years. to Appendix I TRAFFIC North America recommended Based upon the experience of CCAMLR All Acipenseriformes (sturgeon and that the United States propose Members in implementing the CDS, the paddlefish), including the beluga Patagonian toothfish for listing in Working Group recommended (and sturgeon, were listed in Appendix II at Appendix II of CITES, and TRAFFIC CCAMLR has adopted) amendments to COP10 in 1997. Historically found in International provided a recent report strengthen the CDS and modifications to the waters of the Caspian, Black, Azov, on the toothfish’s conservation status for the Dissostichus Catch Document (DCD) and Adriatic Seas, the beluga sturgeon our review. This species has been fished used in tracking toothfish trade and the is currently limited to the Caspian and commercially for about 20 years, and Guide to completing the DCD. Black Seas. The species has declined as management of the species is under the The United States announced plans to a result of over-harvesting for the caviar competence of the Commission for the hold a workshop in 2002 to consider trade, illegal harvest and trade Conservation of Antarctic Marine Living elements of an electronic paperless (estimated to be ten times greater than Resources (CCAMLR). Web-based CDS. The United States, a legal trade), habitat loss and The total reported catch of toothfish major importer of toothfish, plans to degradation, and pollution (largely within the CCAMLR Convention Area propose a pre-approval process for associated with the petro-chemical for the 2000/01 split-year was 12,645 domestic implementation of the CDS in industry). Over-harvest has sharply tonnes. The reported catch of toothfish 2002. Electronic processing and pre- increased since dissolution of the Soviet from outside the CCAMLR Convention approval should make it increasingly Union in 1991. The species’ life history Area was 30,152 tonnes for the 2000/01 difficult to market illegally caught makes it particularly vulnerable to split-year. However, surveys in the area toothfish. CCAMLR created a CDS Fund exploitation and depletion. The beluga have never found fishing concentrations in 2001, which will be used to fund sturgeon is a long-lived and slow growth and commercial-scale aggregations of special needs and special projects of the species, reaching reproductive age Patagonian toothfish at levels that CCAMLR Secretariat aimed at assisting between 11–17 years of age. would support these catch reports. In the development and improving the Furthermore, individuals do not addition, oceanographic conditions effectiveness of the CDS. reproduce on an annual basis. Males (sub-Antarctic and tropical hydrological CCAMLR also adopted a resolution spawn every 4 to 7 years, while females fronts) present a barrier to a northern urging States participating in the CDS to may only reproduce every 4 to 8 years.
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The problem is further compounded by fragmentation due to siltation and international trade. Therefore, whereas the proliferation of dams and other river erosion from mining, impoundment the United States does not intend to barriers, which prevent passage of construction, and timber harvest. propose this species for listing in individuals to suitable spawning areas Habitat has also been lost due to Appendix II, we have proposed as well as important habitats required pesticide and mining residue including the species in Appendix III for feeding and protection of juveniles contamination. Take is not a major through our domestic process (see 65 FR and sub-adults. threat to this subspecies due to the 4217). At the present time, the Caspian Sea difficulty of locating and capturing the 34. Map turtles (Graptemys spp.)— population is believed to be so depleted animal in the wild and maintaining it in Proposal for Inclusion in Appendix II that it may no longer support captivity as well as laws in range States reproduction in the wild. At its prohibiting its take. It is considered a Map turtles are freshwater species sixteenth meeting in December 2000, Priority 6 candidate species for review that inhabit river systems in the east the Animals Committee reviewed the by our Division of Endangered and central portion of the United States, status of all Acipenseriformes as part of Threatened Species (66 FR 54807– with one species ranging north into Phase IV of the Significant Trade 54832, October 30, 2001). Because trade southern Canada. At COP10, the United Review process, pursuant to Decision does not constitute a threat to the States submitted a proposal to include 11.95 (Regarding trade in sturgeons and species, the United States does not nine of the 12 species of map turtles in paddlefish) and Resolution Conf. 8.9 intend to submit a proposal to list it in Appendix II (and to leave the three more (Rev.) (Trade in specimens of Appendix- Appendix II. common species unlisted). The proposal received a majority of votes, but did not II species taken from the wild). Based on 33. Alligator snapping turtle the information available at the time, receive the two-thirds majority required (Macroclemys temminckii)—Proposal for adoption (37 votes for and 19 votes the species was placed in Category 1 for Inclusion in Appendix II (according to Decision 11.106 g)), i.e., a against). Map turtles are threatened by ‘‘species for which the available The alligator snapping turtle is the habitat loss and modification, poor information indicates that the largest freshwater turtle to inhabit the water quality conditions, and harvest for provisions of Article IV of the United States. At COP10, the United use as pets and for human consumption. Convention are not being States submitted a proposal to include Records show that the export of map implemented.’’ Subsequently, at its the alligator snapping turtle in turtles has generally steadily increased forty-fifth meeting in June 2001, the Appendix II. The proposal was over the past 12 years. A minimum of Standing Committee adopted the withdrawn after some countries 670 turtles were exported in 1989, and Secretariat’s recommendation of limited expressed the view that international a maximum of 202,000 were exported in export quotas, prohibition of the 2001 trade is minimal and conservation 2000. From our records, we are unable Fall season harvest, development of problems for the species should be to determine if the origin of these turtles addressed through domestic measures. is wild or captive, so the impact of the regional management plans for sturgeon There was also opposition from the trade on wild populations is difficult to species from the Black and Caspian Sea, State of Louisiana to the proposal. Many assess. In addition, few populations of and implementation of a research countries at COP10 indicated that, for map turtles have been well studied, and project to assess the status and an endemic species such as the alligator the effects of harvest on populations is abundance of all Caspian and Black snapper (which is confined to the poorly documented. The U.S. Geological Seas sturgeon populations, including United States in river systems that drain Survey is currently assessing the status the beluga sturgeon. The commitment of into the Gulf of Mexico), inclusion in of North American turtle species, range countries to the conservation of Appendix III would be preferable. The including the map turtles. Instead of the species is exemplified by their species is threatened by habitat loss and submitting another Appendix-II adherence to all of the Standing modification, and harvest for use as pets proposal for map turtles, we believe that Committee’s recommendations. Given and for human consumption. Records including map turtles in Appendix III these conservation efforts, we believe show a generally steady increase in would improve the regulation, that transfer of beluga sturgeon from exports of alligator snapping turtles over protection, and control of these species Appendix II to I could be the past 12 years from just 290 exported in domestic and international trade. counterproductive and discourage range in 1989 to around 23,500 exported in Therefore, whereas the United States countries from further implementing the 2000. From our records, we are unable does not intend to propose map turtles Standing Committee’s to determine if the origin of these turtles for listing in Appendix II, we have recommendations. Therefore, the United is wild or captive, so the impact of the proposed including the genus in States does not intend to submit an trade on wild populations is difficult to Appendix III through our domestic uplisting proposal at COP12. assess. In addition, few populations of process (see 65 FR 4217). Reptiles and Amphibians alligator snapping turtle have been well studied, and the effects of harvest on 35. Common snapping turtle (Chelydra 32. Ozark hellbender (Cryptobranchus populations is poorly documented. serpentina)—Proposal for Inclusion in alleganiensis bishopi)—Proposal for The U.S. Geological Survey is Appendix II Inclusion in Appendix II currently assessing the status of North The common snapping turtle occurs The Ozark hellbender is an aquatic American turtle species, including the throughout the United States east of the salamander, native to streams of the alligator snapping turtle. Information Rockies, north into southern Canada, Ozark Plateau in Arkansas and gathered since COP10 more strongly and south into Central America, Missouri. It has not previously been supports the qualification of the species Colombia, and Ecuador. The species has proposed for CITES listing. Kelly Irwin, for listing in Appendix II. However, not been proposed previously for CITES a State herpetologist with the Arkansas instead of submitting an Appendix-II listing. Common snapping turtles are Game and Fish Commission, has proposal, we believe that listing the harvested in large numbers both for food suggested listing the species in species in Appendix III would improve and for the pet trade. Although certain Appendix II. The species is threatened the regulation, protection, and control of local or regional populations may have throughout its range by habitat the species in domestic and been depleted by over-harvest, this
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species continues to be generally side of the Sierra Nevada mountain relation to threats from habitat loss and common and widely distributed. Much range in California and in the coast collection for domestic use, and did not of the market is domestic, although ranges from southwestern Oregon to support the proposal. It was withdrawn international trade involving the United northern Baja California, Mexico. Major from consideration prior to a vote. This States may be increasing. Over the past threats to this species are habitat loss, species was included among the initial 11 years the minimum number of live particularly in southern California, and set of species considered for COP12. In common snapping turtles exported per collection for commercial trade. This response to our initial request for year averaged 13,300 specimens. From species is not currently listed under comments, the Minnesota Department of our records, we are unable to determine CITES. It was considered for a possible Natural Resources, Humane Society of if the origin of these turtles is wild or listing proposal for COP11. However, the United States, and the Humane captive, so the impact of the trade on available information on the status of Society International recommended the wild populations is difficult to assess. In populations and the impact of collection timber rattlesnake be listed in Appendix addition, few populations of common on populations was, at that time, II, but the Florida Fish and Wildlife snapping turtles have been well studied, extremely limited, and appeared Commission and Georgia Department of and the effects of harvest on populations inadequate to fulfill CITES listing Natural Resources opposed an are poorly documented. The U.S. criteria. Therefore, the United States did Appendix-II listing. One commenter Geological Survey is currently assessing not submit a listing proposal for the recommended Appendix I for the timber the status of North American turtle California mountain kingsnake at rattlesnake, and two organizations species, including the common COP11. In an effort to gather whatever recommended Appendix III. Our review snapping turtle. The species does not new information might be available on of trade data since COP11 indicates that appear to qualify for listing in Appendix the status of this species, it was documented trade has increased II at this time, given the general included in the initial set of species somewhat. Nevertheless, in the absence abundance of the species throughout being considering for COP12. In of new data on the threats posed by most of its range. Therefore, the United response to our request for comments on international trade, the United States is States does not intend to submit a possible species proposals for COP12, unlikely to submit a listing proposal for listing proposal for the common the Humane Society of the United States the timber rattlesnake at COP12. snapping turtle at COP12. and the Humane Society International However, if the U.S. Geological Survey recommended the California mountain report on native U.S. snake species 36. Spotted turtle (Clemmys guttata)— kingsnake be listed in Appendix II, being harvested for domestic and Proposal for Inclusion in Appendix II while the Western Association of Fish international trade, due in April 2002, The spotted turtle occurs in southern and Wildlife Agencies recommended concludes that the timber rattlesnake Ontario, Canada, and in northeastern, against listing. However, no new data deserves CITES protection, the United upper Midwestern, mid-Atlantic, and were submitted by any of the States may prepare and submit a southeastern States in the United States. commenters to indicate that CITES proposal to list the species in Appendix At COP11, the United States submitted listing criteria might be satisfied. II. a proposal for the listing of the spotted Therefore, the United States is unlikely 39. Eastern diamondback rattlesnake turtle in Appendix II. However, the to submit a listing proposal for the (Crotalus adamanteus)—Proposal for majority of CITES Parties did not feel California mountain kingsnake at Inclusion in Appendix II that the threat posed by international COP12. However, the U.S. Geological trade was significant in relation to Survey is currently conducting an in- The eastern diamondback rattlesnake threats from habitat loss and collection depth review of native U.S. snake ranges along the coastal plain from for domestic use, and did not support species being harvested for domestic southeastern North Carolina to the the proposal. This species was again and international trade. The final report Florida Keys to southern Mississippi included among the initial set of species on this project is due in April 2002. If and extreme southeastern Louisiana. considered for COP12. A large number that report concludes that the California The major threats to this species include of commenters recommended that a mountain kingsnake deserves CITES habitat loss and degradation (due listing proposal be submitted at COP12. protection, the United States may primarily to conversion of suitable However, no new data were submitted prepare and submit a proposal to list the habitat to loblolly pine plantations, to indicate that a new CITES listing species in Appendix II. agricultural fields, and commercial and proposal might be successful. Therefore, residential areas), collection for trade the United States is unlikely to submit 38. Timber rattlesnake (Crotalus and rattlesnake roundups, and a listing proposal for spotted turtle at horridus)—Proposal for Inclusion in intentional killing. The species is not COP12. The U.S. Geological Survey is Appendix II currently listed under CITES. It was currently conducting an in-depth review The timber rattlesnake occurs from considered for a possible listing of native U.S. turtle species being New England southward through Mid- proposal for COP11. However, available harvested for domestic and international Atlantic, southeastern, and southern information on the status of populations trade. The final report on this project is States to Arkansas and Texas. At least and the impact of collection on due in April 2002. If that report two subspecies are recognized. Major populations was, at that time, extremely concludes that the spotted turtle threats to this species are habitat loss, limited, and appeared inadequate to deserves CITES protections, the United particularly den sites in the northern fulfill CITES listing criteria. Therefore, States may prepare and submit a portion of its range and native forest the United States did not submit a proposal to list the species in Appendix habitat in the southeastern and southern listing proposal for the eastern II. portions of its range, and collection for diamondback rattlesnake at COP11. In commercial trade. At COP11, the United response to our initial request for 37. California mountain kingsnake States submitted an Appendix-II listing comments on possible species proposals (Lampropeltis zonata)—Proposal for proposal for the timber rattlesnake. for COP12, the Humane Society of the Inclusion in Appendix II However, the majority of CITES Parties United States and the Humane Society The California mountain kingsnake did not feel that the threat posed by International recommended the eastern has a restricted distribution on the west international trade was significant in diamondback rattlesnake be listed in
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Appendix II, but the Western Appendix-II species taken from the The Madagascar big-headed turtle Association of Fish and Wildlife wild). Based on the information (Erymnochelys madagascariensis), also Agencies, Florida Fish and Wildlife available at the time, the species was called the Madagascar sideneck turtle Commission, and Georgia Department of categorized as a ‘‘species with and big-headed Madagascar side-necked Natural Resources opposed an insufficient information’’ (category d)ii) turtle, was listed in CITES Appendix II Appendix-II listing. However, no new of Decision 10.79 d); now category 2 of on July 1, 1975. It was proposed for information was presented on the status Decision 11.106 g)). As a result of such uplisting to Appendix I by James of populations or magnitude of harvest. categorization, the Animals Committee Barzyk, Pro Wildlife, The Humane Our review of trade data since 1996 issued primary recommendations, Society of the United States, L. Elliot, indicates cause for concern for this through the CITES Secretariat, to the and the Humane Society International. species. Over 5,400 skins have been Solomon Islands requesting detailed It is found in lakes, rivers, and exported since 1999, some 3,600 ‘‘skin information on the distribution and permanent wetlands in the lowlands of pieces’’ were exported in 2000, and over abundance of the species in that western Madagascar. Most of the 100 kilograms of meat were exported in country, and the scientific basis for remaining populations occur outside of 1998. Still, the extent of the threat posed permitting export of the species. protected areas. Although the biggest by international trade is poorly Because of the Solomon Islands’ failure threat to this species is consumption by understood, and, consequently, the to respond to the Animals Committee locals, international trade has also United States does not intend to submit within the 90-day deadline established an Appendix-II listing proposal for the contributed to the population decline by Resolution Conf. 8.9 (Rev.), at its (the population is expected to decrease eastern diamondback rattlesnake at forty-fifth meeting in June 2001, the COP12. We will continue to closely by 80 percent over the next 75 years). Standing Committee adopted the CITES However, the population data is monitor the status of this species. As Secretariat’s recommendation that all with the timber rattlesnake, if the U.S. questionable since much of the western Parties suspend imports of specimens of part of the species’ range has not been Geological Survey report on native U.S. C. zebrata from the Solomon Islands, surveyed and historical data is lacking. snake species being harvested for until the Animals Committee The Reptile and Amphibian Working domestic and international trade, due in recommendations are implemented Group of the IUCN Captive Breeding April 2002, concludes that the eastern (Notification No. 2001/043, dated July 9, Specialist Group is recommending an diamondback deserves CITES 2001). Given that this trade suspension IUCN listing of Critically Endangered. protection, the United States may remains in effect, the United States does Because Madagascar’s export quota in prepare and submit a proposal to list the not intend to submit at COP12 a 2001 was exceeded by 248.0 percent in species in Appendix II. proposal to transfer C. zebrata from U.S. imports alone, trade may represent Appendix II to I. 40. Prehensile-tailed skink ( Corucia a greater threat to the species than it was zebrata)—Proposal for Transfer From 41. Madagascar Reptile Species— throughout the 1990s. Appendix II to Appendix I Proposals for Transfer of Several The flat-backed tortoise ( Pyxis The prehensile-tailed or Solomon Species From Appendix II to Appendix planicauda) and the spider tortoise Islands skink is found in the lowland I (Pyxis arachnoides) were listed in primary forests of the Solomon Islands CITES Appendix II on July 1, 1975. The (not a Party to CITES) and the islands At the seventeenth meeting of the flat-backed spider tortoise, also called of Bougainville and Buka, Papua New Animals Committee (July-August 2001) Guinea. It was listed in Appendix II on and the eleventh meeting of the Plants the flat-shelled spider tortoise, June 6, 1992. No other proposals have Committee (September 2001), it was Madagascar flat-shelled tortoise, and been submitted ever since. The primary agreed that both committees, with Madagascar flat-tailed tortoise, is found threats to C. zebrata are habitat assistance from the Secretariat, will in sandy soil and under leaf litter in the destruction and collection for the pet conduct a country-wide significant trade Menabe region of Madagascar. The trade. According to WCMC, about review pursuant to Resolution Conf. 8.9 habitat must have fungi and flowers 22,900 live specimens of C. zebrata (Rev.) (Trade in specimens of Appendix- available seasonally. Its distribution is were traded between 1992 and 2000, II species taken from the wild) on local and very fragmented, although mostly wild-caught specimens Madagascar. The objective of this new subpopulations have recently been originating from the Solomon Islands. country-wide review, the first of its discovered. The spider tortoise is found Wild populations of the prehensile- kind, is to review trends in trade in in sandy areas of Didieraceae and tailed skink are very susceptible to Appendix-II species, current concerns Euphorbia forests throughout southern removal of individuals because of the about compliance with Article IV, and southwestern coastal Madagascar. species’ delayed reproduction and low institutional and administrative Pyxis species mature slowly, have a fertility. Juveniles reach sexual maturity measures related to implementation of limited reproductive potential (1–3 eggs at 4–6 years of age. Fertility among C. Article IV, and the effectiveness of per year), and occur in low densities. zebrata females is low, with most relevant national legislation and its The populations have likely declined by females breeding biennially. After about implementation. Based on the findings 80 to 90 percent from peak levels due seven months of pregnancy, most wild made during the country-wide review, to habitat loss as well as legal and illegal females give birth to a single live the Animals and Plants Committees will trade. The species are considered offspring. Neonatal mortality may reach draft an implementation plan with extremely difficult to breed in captivity, up to 40 percent, primarily due to a high recommendations and deadlines for and many wild subpopulations are incidence of congenital defects. improving management of exports of extinct. Because Madagascar’s export At its fifteenth meeting in July 1999, Appendix-II species from Madagascar. quota in 2001 for the flat-backed tortoise the Animals Committee reviewed the Given the country-wide review being was exceeded by 113.8 percent and for status of the C. zebrata as part of Phase undertaken by the Animals and Plants the spider tortoise by 176.4 percent, in IV of the Significant Trade Review Committees, the United States does not U.S. imports alone, at least nine percent process, pursuant to Resolution Conf. intend to submit at COP12 the following of the flat-backed and 17.6 percent of 8.9 (Rev.) (Trade in specimens of proposals involving Madagascar species. the spider tortoise wild populations
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may have been exported to the United research, and the CITES suspension on exports originated in Indonesia, but 99.3 States in a single year. imports of Parson’s and other percent occurred before 1994 and legal The Parson’s chameleon (Chamaeleo chameleons from Madagascar remains exports have dropped significantly since [Calumma] parsonii parsonii), one of in effect. According to WCMC, then. We have recently learned that the three largest species of chameleon in approximately 18,600 wild-caught C. another CITES Party may submit a the world, is endemic to the densely parsonii (including C. parsonii cristifer proposal at COP12 to transfer the forested regions on the eastern half of and C. parsonii parsonii) were legally yellow-crested cockatoo from Appendix Madagascar. All chameleons were listed exported from Madagascar from 1986 to II to I. Therefore, the United States does in Appendix II on February 4, 1977. 1999, in spite of the fact that the January not intend to submit a similar proposal. Long-term population studies have not 20, 1995, import suspension 43. Yellow-headed amazon (Amazona been recorded for any of Madagascar’s (Notification to the Parties No. 833) oratrix)—Proposal for Transfer From chameleon species. A field assessment remains in effect (Notification to the Appendix II to Appendix I was completed in 1999 for the IUCN Parties No. 1999/20). Although the 1995 The yellow-headed amazon was listed Species Survival Commission on nine import suspension has significantly in CITES Appendix II on June 6, 1981. key Chamaeleo species including C. reduced trade in wild-caught specimens Defenders of Wildlife and Species parsonii. However no specimens of the of this species, the suspension could be Survival Network have proposed that subspecies C. parsonii parsonii were lifted in the future. In the event the Standing Committee decides to lift the this species be uplisted to Appendix I. recorded in the sites surveyed. The The species is found largely in Mexico, largest threat to the survival of C. suspension and trade resumes, this species would be placed under heavy with smaller populations in Belize, parsonii parsonii in the wild is habitat Guatemala, and Honduras. The present destruction, followed by commercial pressure from collectors due to the international retail market value, which range is similar to the historic range exploitation for the pet trade. The although the distribution has been Parson’s chameleon is not easily is as much as 25 times higher than the four species currently eligible for reduced to isolated sub-populations due maintained or bred in captivity. to habitat destruction (loss of nest sites) Therefore, most specimens in trade are exportation from Madagascar, and the highest of any chameleon species. and mostly illegal trapping. The wild-caught. There are currently no population has declined by 68 percent recognized breeding programs for C. Birds in the last 10 years, with as few as 7,000 parsonii parsonii in Madagascar, and 42. Yellow-crested cockatoo (Cacatua wild birds remaining in Mexico. Its past attempts by exporters at hatching commercial harvest and export is the eggs harvested from wild-caught sulphurea)—Proposal for Transfer From Appendix II to Appendix I prohibited in Mexico, Belize, and gravid females have been largely Honduras. The United States considered unsuccessful. As of August 2001, there The yellow-crested cockatoo was a similar proposal to transfer this were no F2 (second generation) listed in CITES Appendix II on June 6, species from Appendix II to I for COP10, specimens of C. parsonii parsonii in 1981. It is endemic to Indonesia, but has but Mexico, the primary range country Europe or the United States. Captivity- been introduced to Singapore and Hong for the species, did not support such a related stress, disease, and inadequate Kong. Trapping for the commercial bird proposal. Therefore, the United States captive husbandry account for trade and habitat destruction (loss of did not submit a proposal for this significant levels of early mortality in nest sites) due to agricultural species at COP11. From various wild-caught imported specimens encroachment and illegal timber discussions and meetings with CITES regardless of life-stage at import. Wild harvesting have reduced the wild authorities in Mexico, we are aware of populations of the Parson’s chameleon population. Once common, the species efforts in that country to better control are very susceptible to removal of is now extinct in parts of its range. This domestic trade in indigenous birds. individuals because of the species’ species was proposed by Germany for Among other things, Mexico prohibits reproductive biology. Limited biological transfer from Appendix II to I at COP10 the export of any native species unless information from captive management and COP11, but the proposals were their export is part of an approved indicates that Parson’s chameleons may withdrawn because the Indonesian community-based, sustainable-use reach sexual maturity and adult size Government and BirdLife Indonesia had management plan. In part because the between three and five years of age, developed a recovery plan for the yellow-headed amazon is a potential substantially later than any other species, with a goal of establishing a candidate species for a sustainable-use species of Chamaeleo. Clutch sizes in community-based sustainable-use program, Mexico has not supported the captivity range between 20–60 eggs, and management plan for the species. transfer of this species to Appendix I. In the interval between clutches is one Furthermore, the Indonesian addition, only two birds were legally year. In November 1994, the Standing Government banned the export of the exported from the range countries Committee directed the CITES subspecies C. sulphurea citrinocristata between 1990 and 1999. Most of the Secretariat to inform all Parties about its in 1992 and all other subspecies in legally exported birds were captive- recommendation to suspend imports of 1995. It is believed that these export bred. several Chamaeleo species (including C. bans have been at least partially Although this species is a popular parsonii) from Madagascar because successful in reducing the level of trade cage bird and has been subject to Madagascar had not satisfactorily in this species. Dian Agista, a researcher significant illegal trade between the implemented recommendations of the working for the Conservation United States and Mexico in the past, Animals Committee made in accordance Programme Department, BirdLife U.S. and Mexican wildlife law with Resolution Conf. 8.9 (Rev.) (Trade Indonesia, did field surveys in 1999 and enforcement officials already devote in specimens of Appendix-II species 2000. Although she attributes the significant effort to interdiction of taken from the wild). Field studies to original decline of the species to over- illegal trade in this and other parrot address some of the recommendations exploitation for the commercial pet species, and it is doubtful that these of the Animals Committee began in trade in the 1980s, the continuing enforcement efforts would be affected October 1998. As of August 2001, no decline is related to habitat loss. WCMC by transfer of the species to Appendix data has been published from this trade data indicates that most of the I. We understand that Mexican and
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international NGOs will meet in the some subspecies, and the enforcement were listed in Appendix II. In 1983, the near future with the Mexican Parrot difficulties in distinguishing subspecies listing was once again changed such Steering Committee, part of the National from each other, the United States does that all musk deer populations of Committee for Wildlife Protection, to not plan to submit a proposal to transfer Afghanistan, Bhutan, India, Burma/ discuss the status of the species and the species from Appendix I to II. Myanmar, Nepal, and Pakistan were whether a species proposal at COP12 is listed in Appendix I and all other musk warranted. We are encouraged by Mammals deer populations were listed in Mexico’s continuing efforts to assess the 45. Asian Pangolins (Manis spp.)— Appendix II. conservation and management of this Proposal for Transfer From Appendix II At COP11, the United States co- species and the United States will likely to Appendix I sponsored a proposal with India and Nepal to transfer all Appendix-II musk support Mexico if a listing proposal is There are three species of Asian deer taxa to Appendix I, due to over- presented at COP12. pangolin, Manis pentadactyla, M. exploitation for musk glands. The crassicaudata, and M. javanica, all of 44. Peregrine Falcon (Falco Russian Federation and China were which have been listed in CITES peregrinus)—Proposal for Transfer From opposed to this proposal, so Resolution Appendix II since 1975. At COP11, the Appendix I to Appendix II Conf. 11.7 ( Conservation of and trade in United States co-sponsored a proposal The peregrine falcon was listed in musk deer) and Decisions 11.57, 11.83, with India, Nepal, and Sri Lanka to CITES Appendix I on July 1, 1975. The 11.92, 11.149 (Regarding musk deer) Western Association of Fish and transfer all three Asian pangolin species were adopted as a compromise. These Wildlife Agencies has requested that the from Appendix II to I, due to over- two documents directed the Animals species be downlisted from Appendix I exploitation for food, skins, and scales. Committee, the Secretariat, and CITES to Appendix II or III. The peregrine Although there was considerable range Parties to take various actions on behalf falcon has 19 recognized subspecies. It country support for this proposal in of musk deer research and conservation. breeds in habitats ranging from tropics Committee I at COP11, a compromise The results of the activities were to tundra, deserts, marine habitat, and was adopted to retain the species in reported at the forty-sixth meeting of the altitudes up to 4000 meters. While the Appendix II with a zero quota on all Standing Committee in March 2002. In species appears to be recovering in commercial trade. The compromise was addition, the musk deer is in the midst many parts of the Western Hemisphere adopted primarily because it would of the CITES Significant Trade Review and was removed from the U.S. allow the species to remain in the CITES process, with recommendations soon to Endangered Species List, habitat loss Significant Trade Review process, be issued. As a consequence of these and contamination due to continued use thereby stimulating needed research and activities, it is unlikely that the United of organochlorines in some countries conservation action. However, the States will submit another proposal to (including those along migratory routes) Significant Trade Review process for uplist musk deer at COP12. However, if continue to threaten the species. There Asian pangolins ended with a CITES adequate progress is not made, and is also a lack of population data for Secretariat recommendation that no credible information becomes available many subspecies. further action be taken on these species indicating that musk deer populations At the seventeenth meeting of the until the zero quota is removed. continue to decline, the United States Animals Committee (July-August 2001), Removal of the zero quota will require may prepare and submit a proposal for the United States presented its review of submission of a proposal. In order to COP12. the biological status of the peregrine solicit whatever new information might falcon pursuant to the periodic review have been generated since COP11, these 47. Saiga (Saiga Tatarica)—Proposal for of the Appendices process (previously species were included in our first Transfer From Appendix II to Appendix Resolution Conf. 9.1, now Conf. 11.1, Federal Register notice soliciting I Annex 2). In the review, the United information on possible species The saiga occurs on the Eurasian States presented three options for proposals for COP12. No new steppes of the Russian Federation, consideration: (1) Maintain the species information was received. Therefore, the Kazakhstan, Uzbekistan, and Mongolia. in Appendix I, (2) transfer the entire United States does not intend to submit It was included in Appendix II of CITES species to Appendix II with a zero quota a proposal for Asian pangolins for on February 16, 1995. Saiga populations for wild-caught birds, and (3) transfer COP12. numbered over one million as recently certain geographic sub-populations to as the early 1990s, but have been 46. Musk Deer (Moschus spp.)— Appendix II with a zero quota on wild- reduced to only a small fraction of that Proposal for Transfer From Appendix II caught birds. Three countries supported number over the last four years. The the retention of the species in Appendix to Appendix I total population estimate for 2000 was I and the review was referred to the Musk deer are native to Asia, ranging 178,000. Population reductions have working group for further discussion. from eastern Siberia south through come about primarily as a result of After lengthy discussions, the working Manchuria and central China to the excessive hunting, but habitat group agreed that, although on a global Hindu Kush-Karakoram-Himalayan degradation has also played a role. The scale the species did not meet the region of Afghanistan, Pakistan, and United States has played an active role biological criteria for inclusion in India. The number of Moschus species in saiga conservation efforts in the past Appendix I, it could not recommend to is not resolved, with authorities year. We provided a 10,000 dollar grant the Animals Committee that the describing anywhere from four to seven to A. Luschekina for her saiga research depository country prepare and submit species. This, in turn, affects subspecies and conservation efforts in the Republic a proposal to transfer the species to classification. The subspecies Moschus of Kalmykia (Russian Federation). We Appendix II because of concerns about moschiferus moschiferus was first listed have also played a leading role in the status of certain subspecies and in CITES Appendix I on July 1, 1975. In organizing a saiga conservation small populations. Given the lack of 1979, the listing was changed so that M. workshop, to be held in Kalmykia in information available on all subspecies, moschiferus (Himalayan population) Spring 2002. This workshop will bring the lack of monitoring in some was listed in Appendix I and all together researchers, conservationists, countries, the continued decline of remaining populations of Moschus spp. and government officials to develop an
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emergency conservation strategy for (see ‘‘DATES’’ above) or received in SUMMARY: Public comment period is saiga. The saiga was just reviewed under writing during the comment period, in being extended on the Powder River the CITES Significant Trade Review deciding which species proposals, EIS. The comment period is being process. One recommendation from the proposed resolutions, proposed extended due to extensive public review was that both the Russian decisions, and agenda items warrant comment, a high level of public interest, Federation and Kazakhstan should halt submission by the United States for and the lack of internet access during a export of saiga products; both have consideration of the Parties. Those we portion of the comment period. agreed to do so. Finally, saiga experts decide to submit for consideration at DATES: The public comment period is we have consulted have expressed the COP12 will be submitted to the CITES being extended to May 15, 2002. opinion that an Appendix-I listing for Secretariat by June 6, 2002. Submissions should be in writing or by saiga could be counter-productive at Approximately four months prior to E-mail (see addresses below). this stage. As a consequence of these COP12, we will announce those species ADDRESSES: Comments should be activities, the United States is unlikely proposals, proposed resolutions, submitted in writing to: Field Manager, to submit an Appendix-I listing proposed decisions, and agenda items Bureau of Land Management, Buffalo proposal for saiga at COP12. submitted by the United States to the Field Office, 1425 Fort Street, Buffalo, CITES Secretariat for consideration at Request for Information and Comments Wyoming 82834 or by E-mail to: COP12 by posting a notice on our [email protected]. We invite any information and Website (http://international.fws.gov/ comments concerning any of the global/cites.html). FOR FURTHER INFORMATION CONTACT: Paul possible COP12 species proposals, Through a Federal Register notice Beels, Powder River Oil and Gas EIS resolutions, decisions, and agenda items approximately two months prior to Project Leader, Bureau of Land discussed above. You must submit your COP12, we will publish the provisional Management, Buffalo Field Office, at the information and comments to us no agenda for COP12 and inform you about above addresses or at telephone number later than May 17, 2002, to be ensured proposed U.S. negotiating positions on (307) 684–1100. of consideration. proposals to amend the Appendices, SUPPLEMENTARY INFORMATION: The Reminder of Public Meeting draft resolutions, draft decisions, Notice of Availability of the DEIS was discussion papers, and other issues originally published in the Federal We remind you that we will hold a before the Parties for consideration at Register on January 11, 2002 (67 FR public meeting to discuss with you COP12. We will also publish an 1497). species proposals, proposed resolutions, announcement of a public meeting that Dated: April 12, 2002. proposed decisions, and agenda items we expect to hold approximately 30 to that the United States is considering 45 days prior to COP12, to receive Alan L. Kesterke, submitting for consideration at COP12. public input on our positions regarding Associate State Director. We announced this public meeting in COP12 issues. [FR Doc. 02–9647 Filed 4–16–02; 8:45 am] our Federal Register notice of March 27, Prior to COP12, we will post on our BILLING CODE 4310–22–P 2002 (67 FR 14728). The public meeting Website any changes the United States will be held on April 17, 2002, from makes to its proposed negotiating 1:30 p.m. to 4:30 p.m. in Sidney Yates positions contained in the Federal DEPARTMENT OF JUSTICE Auditorium of the Department of the Register notice referred to in the above Interior at 18th and C Streets, NW., paragraph. Notice of Lodging of Partial Consent Washington, DC. You can obtain Author: The primary authors of this Decrees in Comprehensive directions to the building by contacting notice are Mark Albert, Division of Environmental Response, the Division of Management Authority Management Authority; and Dr. Javier Compensation, and Liability Act Cost (see FOR FURTHER INFORMATION CONTACT, Alvarez, Division of Scientific Recovery Action above). Sidney Yates Auditorium is Authority; under the authority of the accessible to the handicapped. Persons U.S. Endangered Species Act of 1973, as In accordance with Departmental planning to attend the meeting who amended (16 U.S.C. 1531 et seq.). Policy, 28 CFR 50.7, notice is hereby given that two Partial Consent Decrees require interpretation for the hearing Dated: April 1, 2002. impaired should notify the Division of in United States v. American Scrap Steve Williams, Management Authority as soon as Company et al., Civil Action No. 1:99– possible. Director. CV–2047, were lodged with the United [FR Doc. 02–9512 Filed 4–15–02; 4:56 pm] States District Court for the Middle Future Actions BILLING CODE 4310–55–P District of Pennsylvania on April 10, We expect the CITES Secretariat to 2002. provide us with a provisional agenda for One of the two Partial Consent COP12 within the next several months. DEPARTMENT OF THE INTERIOR Decrees resolves the United States’ Once we receive the provisional agenda, claims against The Ohio Brass Company Bureau of Land Management we will publish it in a Federal Register under Section 107(a) of the notice. We will also provide it through [WY–930–02–1310DS] Comprehensive Environmental our Website. Response, Compensation, and Liability The United States must submit any Notice To Extend Public Comment Act (‘‘CERCLA’’), 42 U.S.C. § 9607(a), species proposals, proposed resolutions, Period for a Draft Environmental for past response costs incurred at the proposed decisions, and agenda items Impact Statement (DEIS) Jack’s Creek/Sitkin Smelting Superfund for consideration at COP12, to the AGENCY: Bureau of Land Management, Site in Mifflin County, Pennsylvania. CITES Secretariat 150 days prior to the Interior. The Partial Consent Decree requires The start of the meeting (i.e., by June 6, Ohio Brass Company to pay ACTION: Notice to extend public 2002). We will consider all available $1,000,000.00 to the United States. comment period for the Powder River information and comments, including The second Partial Consent Decree Basin Oil and Gas DEIS. those presented at the public meeting resolves the United States’ claims
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against the Joseph A. Schiavone States District Court for the District of (25 cents per page reproduction cost) Corporation and The Schiavone Rhode Island. payable to the U.S. Treasury. Corporation under Section 107(a) of the In this action the United States sought Ronald G. Gluck, Comprehensive Environmental civil penalties and injunctive relief with Response, Compensation, and Liability Assistant Section Chief, Environmental respect to violations of the Resource Enforcement Section, Environment and Act (‘‘CERCLA’’), 42 U.S.C. § 9607(a), Conservation and Recovery Act Natural Resources Division. for past response costs incurred at the (‘‘RCRA’’), 42 U.S.C. 6901 et seq., and [FR Doc. 02–9375 Filed 4–17–02; 8:45 am] Jack’s Creek/Sitkin Smelting Superfund the Clean Air Act (‘‘CAA’’), 42 U.S.C. BILLING CODE 4410–15–M Site in Mifflin County, Pennsylvania. 7401 et seq., at the facility operated by The Partial Consent Decree requires Cooley, Inc. (‘‘Cooley’’) in Pawtucket, Joseph A. Schiavone Corporation and DEPARTMENT OF JUSTICE The Schiavone Corporation, Rhode Island. The complaint alleges that Cooley violated a number of RCRA collectively, to pay $685,000.00 to the Notice of Lodging of Consent Decree requirements including, inter alia, the United States. Pursuant to the Clean Air Act (‘‘CAA’’) The Department of Justice will accept storage of hazardous waste without a written comments on the proposed permit, the failure to keep containers of Consistent with the policy set forth in Partial Consent Decrees for thirty (30) hazardous waste on good condition, the the Department of Justice regulations at days from the date of publication of this failure to conduct weekly inspections, 28 CFR 50.7, notice is hereby given that notice. Please address comments to the the failure to provide proper training of on April 4, 2002, a proposed Consent Assistant Attorney General, employees, and the failure to properly Decree was lodged with the United Environmental and Natural Resources label hazardous waste containers. The States District Court for the Eastern Division, Department of Justice, P.O. complaint also alleges that Cooley District of Michigan, in United States et Box 7611, Ben Franklin Station, violated the CAA by making certain al. v. Rouge Steel Co., Civil Action Nos. Washington, DC 20044–7611 and refer modifications to its Pawtucket facility 00–75452 and 0075454, consolidated. to United States v. American Scrap without obtaining a permit and by The proposed Consent Decree settles Company, DOJ Ref. No. 90–11–2–911/1. failing to comply with certain claims asserted by the United States, on Copies of the proposed Partial recordkeeping requirements relating to behalf of the U.S. Environmental Consent Decrees may be examined at its usage of volatile organic compounds. Protection Agency, pursuant to section the Office of the United States Attorney, Under the terms of the consent decree, 113(b) of the Clean Air Act, 42 U.S.C. Middle District of Pennsylvania, 228 Cooley has agreed to comply with the 9613(b), and the federally enforceable Walnut Street, Harrisburg, PA 17108, applicable provisions of RCRA and the State Implementation Plan (‘‘SIP’’), at and at EPA Region III, 1650 Arch Street, CAA, to pay a penalty of $325,000, and the Rouge Steel manufacturing facility in Dearborn, Michigan. The United Philadelphia, PA 19103–2029. Copies of to implement a Supplemental States’ case was consolidated with an the proposed Partial Consent Decrees Environmental Project (‘‘SEP’’) action filed by Wayne County, may also be obtained by mail from the involving a project whereby waste Michigan, which the Michigan U.S. Department of Justice, Consent plastics will be used to produce flooring Department of Environmental Quality Decree Library, P.O. Box 7611, material. Washington, DC 20044–7611, or by (‘‘MDEQ’’) subsequently joined. The faxing a request to Tonia Fleetwood, The Department of Justice will receive proposed Consent Decree also settles the facsimile No. (202) 514–0097, phone for a period of thirty (30) days from the County and MDEQ CAA claims. The confirmation No. (202) 514–1547. When date of this publication comments Consent Decree also settles claims requesting copies, please enclose a relating to the consent decree. asserted by the United States under check to cover the twenty-five cents per Comments should be addressed to Sections 3004(n) and 3005 of the page reproduction costs payable to the Donald G. Frankel, Trial Attorney, Resource Conservation and Recovery ‘‘Consent Decree Library’’ in the amount Department of Justice, One Gateway Act, 42 U.S.C. 6924(n) and 6925. of $5.75 (for the Ohio Brass Decree) or Center, Suite 616, Newton, The Consent Decree requires Rouge $5.75 (for the Schiavone Decree), and Massachusetts 02458 and should refer to Steel to pay a total of $458,000 in civil reference United States v. American United States v. Cooley, Inc., D.J. Ref. penalties, of which $396,000 is for Scrap Company, DOJ Ref. No. 90–11–2– 90–7–1–06423. alleged violations of SIP emission limits at the company’s facility. To ensure 911/1. The consent decree may be examined ongoing compliance with applicable at the Office of the United States Robert D. Brook, limits, the Decree also requires Rouge Attorney, Westminister Square Assistant Chief, Environmental Enforcement Steel to perform certain demonstration Building, 10 Dorrance Street, Section, Environment and Natural Resources tests at its various emission sources. Division, U.S. Department of Justice. Providence, Rhode Island 02903 The Department of Justice will receive [FR Doc. 02–9377 Filed 4–17–02; 8:45 am] (contact Michael Iannotti at 401–528– written comments relating to the BILLING CODE 4410–15–M 5477), and at U.S. EPA-New England, 1 proposed Consent Decree for thirty (30) Congress Street, Suite 1100, Boston, days from the date of publication of this Massachusetts 02114–2023 (contact notice. Comments should be directed to DEPARTMENT OF JUSTICE Hugh Martinez at 617–918–1867). A the Assistant Attorney General, copy of the consent decree may also be Notice of Lodging of Consent Decree Environment and Natural Resources obtained by mail from the Consent Division, U.S. Department of Justice, Under the Resource Conservation and Decree Library, P.O. Box 7611, U.S. Recovery Act and the Clean Air Act Washington, DC 20530, and should refer Department of Justice, Washington, DC to United States et al. v. Rouge Steel Co. Pursuant to 28 CFR § 50.7, notice is 20044–7611 or by faxing a request to DOJ Reference # 90–5–2–1–2211/1. hereby given that, on April 3, 2002, a Tonia Fleetwood, Fax no. (202) 514– The proposed Consent Decree may be proposed consent decree in United 0097, phone confirmation number (202) examined at the Office of the United States v. Cooley, Inc., Civil Action No. 514–1547. In requesting a copy, please States Attorney for the Eastern District 02–156, was lodged with the United enclose a check in the amount of $15.25 of Michigan, 211 West Fort Street, Suite
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2001, Detroit, Michigan 48266 (contact addressed to the Assistant Attorney Avenue, NW–NYA, Washington, DC Peter A. Caplan, (313) 226–3800), and at General, Environment and Natural 20530; Comments may also be the offices of the U.S. Environmental Resources Division, P.O. Box 7611, U.S. submitted by facsimile at 202–307– Protection Agency, Region 5, 77 West Department of Justice, Washington, DC 0595. Jackson Boulevard, Chicago, Illinois 20044–7611, and should refer to United FOR FURTHER INFORMATION CONTACT: 60604–3590 (contact Gaylene Vasaturo, States v. Royal Recovery Systems, et al., Christine Stoneman or Sebastian Aloot (312) 886–1811). Copies may also be DOJ Ref. #90–11–3–06154. at the Civil Rights Division, 950 obtained by mail from the Department The proposed consent decree may be Pennsylvania Avenue, NW–NYA, of Justice Consent Decree Library, P.O. examined at the office of the United Washington, DC 20530. Telephone 202– Box 7611, Washington, DC 20044–7611. States Attorney for the District of New 307–2222; TDD: 202–307–2678. In requesting copies, please refer to the Jersey, 502 Federal Building, 970 Broad Arrangements to receive the policy in an case name and DOJ reference number Street (contact Assistant United States alternative format may be made by and enclose a check in the amount of Attorney Susan Cassell); and the Region contacting the named individuals. $11.25 (25 cents per page reproduction II Office of the Environmental SUPPLEMENTARY INFORMATION: The cost) payable to the Consent Decree Protection Agency, 290 Broadway, New purpose of this policy guidance is to Library. York, New York 10007–1866 (contact further clarify the responsibilities of Assistant Regional Counsel, Muthu William D. Brighton, recipients of federal financial assistance Sundram). A copy of the proposed Assistant Chief, Environmental Enforcement from the U.S. Department of Justice consent decree may be obtained by mail Section, Environment and Natural Resources (DOJ) (‘‘recipients’’), and assist them in from the Consent Decree Library, P.O. Division. fulfilling their responsibilities to limited Box 7611, Washington, DC 20044–7611 [FR Doc. 02–9398 Filed 4–17–02; 8:45 am] English proficient (LEP) persons, or by faxing a request to Tonia BILLING CODE 4410–15–M pursuant to DOJ regulations Fleetwood, fax no. (202) 514–0097, implementing Title VI of the Civil phone confirmation number (202) 514– Rights Act of 1964. The policy guidance 1547. In requesting a copy please refer DEPARTMENT OF JUSTICE explains that to avoid discrimination to the referenced case and enclose a against LEP persons on the ground of Notice of Lodging of Consent Decree check in the amount of $6.00 (25 cents national origin, recipients must take Pursuant to the Comprehensive per page reproduction costs) for the reasonable steps to ensure that LEP Environmental Response Consent Decree, payable to the U.S. persons have meaningful access to the Compensation and Liability Act Treasury. (‘‘CERCLA’’) programs, services, and information Ronald Gluck, those recipients provide, free of charge. Notice is hereby given that a proposed Assistant Section Chief, Environmental Guidance on recipients’ obligations to consent decree in United States v. Royal Enforcement Section, Environment and take reasonable steps to ensure access to Recovery Systems, Inc. and Elliot Natural Resources Division. programs and activities by persons with Packer, Civ. No. 02–1148 (WGB), was [FR Doc. 02–9376 Filed 4–17–02; 8:45 am] limited English proficiency was lodged on March 21, 2002 with the BILLING CODE 4410–15–M originally published on January 16, United States District Court for the 2001 and became effective immediately. District of New Jersey. The Consent See 66 FR 3834. That document, like the Decree concerns hazardous waste DEPARTMENT OF JUSTICE following guidance, was based on policy contamination at the Royal Recovery guidance issued by the Department of Systems, Inc. Superfund Site (the Guidance to Federal Financial Justice entitled ‘‘Enforcement of Title VI ‘‘Site’’), located in Newark, Essex Assistance Recipients Regarding Title of the Civil Rights Act of 1964— County, New Jersey. The Consent VI Prohibition Against National Origin National Origin Discrimination Against Decree, which takes into account the Discrimination Affecting Limited Persons with Limited English Settling Defendants’ limited ability to English Proficient Persons Proficiency.’’ 65 FR 50123 (August 16, pay, would resolve the liability of Elliot 2000). AGENCY: Department of Justice. Packer and Royal Recovery Systems, On January 18, 2002, the January 16, Inc. against whom the United States ACTION: Policy guidance document. 2001 guidance document was filed a complaint on behalf of the SUMMARY: The United States Department republished for additional public United States Environmental Protection of Justice (DOJ) is publishing for public comment. See 67 FR 2671. Over 75 Agency (‘‘EPA’’) for reimbursement of comment policy guidance on Title VI’s comments were received, and the past response costs incurred by the prohibition against national origin following guidance was developed after United States in connection with the discrimination as it affects limited review and consideration of those Site. EPA incurred approximately English proficient persons. This policy comments. Prior comments on the $342,000 in past response costs relating guidance is intended to supplant the original guidance need not be re- to this Site. Under the terms of the policy guidance published January 19, submitted. Consent Decree, the Settling Defendants 2001. On March 14, 2002, the Office of would be obligated to pay the United Management and Budget (OMB) issued States $70,000 plus interest. In addition DATES: Comments must be submitted on a Report To Congress titled ‘‘Assessment to this amount, Defendant Packer may or before May 20, 2002. DOJ will review of the Total Benefits and Costs of be required to pay the United States an all comments and will determine what Implementing Executive Order No. additional sum of up to $40,000 in three modifications, if any, to this policy 13166: Improving Access to Services for years. guidance are necessary. Persons with Limited English The Department of Justice will ADDRESSES: Interested persons should Proficiency.’’ The Report made several receive, for a period of thirty (30) days submit written comments to Ms. Merrily recommendations designed to minimize from the date of this publication, Friedlander, Chief, Coordination and confusion and ensure that funds comments relating to the proposed Review Section, Civil Rights Division, dedicated to LEP services best advance consent decree. Comments should be Department of Justice, 950 Pennsylvania meaningful access for LEP individuals.
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One significant recommendation was recipients of federal financial assistance assistance and guidance in this the adoption of uniform guidance across from the Department of Justice (‘‘DOJ’’) important area. In addition, DOJ plans all federal agencies, with flexibility to to provide meaningful access to LEP to work with representatives of law permit tailoring to each agency’s persons. The purpose is to assist enforcement, corrections, courts, and specific recipients. The first eight recipients in fulfilling their LEP persons to identify and share model sections of this guidance discuss the responsibilities to provide meaningful plans, examples of best practices, and legal, policy, and general compliance access to LEP persons under existing cost-saving approaches. Moreover, DOJ standards followed by a more detailed law. In certain circumstances, failure to intends to explore how language discussion and examples of how the ensure that LEP persons can effectively assistance measures, resources and cost- needs of persons with limited English participate in or benefit from federally containment approaches developed proficiency should be addressed by assisted programs and activities may with respect to its own federally recipients of DOJ federal financial violate prohibitions against national conducted programs and activities can assistance. As organized, the guidance is origin discrimination. This policy be effectively shared or otherwise made consistent with the OMB guidance attempts to clarify legal available to recipients, particularly recommendation regarding federal-wide requirements for LEP persons by small businesses, small local uniformity and will function as a model providing a description of the factors governments, and small non-profits. for similar guidance to be issued soon recipients should consider in fulfilling Many commentators have noted that by other agencies. their responsibilities to LEP persons. some have interpreted the case of It has been determined that the These are the same criteria DOJ will use Alexander v. Sandoval, 532 U.S. 275 guidance does not constitute a in evaluating whether recipients are in (2001), as impliedly striking down the regulation subject to the rulemaking compliance. regulations promulgated under Title VI requirements of the Administrative The Department of Justice’s role that form the basis for the part of Procedure Act, 5 U.S.C. 553. under Executive Order 13166 is unique. Executive Order 13166 that applies to The text of the complete guidance The Order charges DOJ with federally assisted programs and document appears below. responsibility for providing LEP activities. We have taken the position Guidance to other Federal agencies and that this is not the case, and will Dated: April 12, 2002. for ensuring consistency among each continue to do so. Accordingly, we will Alex Acosta, agency-specific guidance. Consistency strive to ensure that federally assisted Principal Deputy Assistant Attorney General, among Departments of the federal programs and activities work in a way Civil Rights Division. government is particularly important. that is effective for all eligible I. Introduction Inconsistency or contradictory guidance beneficiaries, including those with could confuse recipients of federal limited English proficiency. Most individuals living in the United funds and needlessly increase costs II. Legal Authority States read, speak and understand without rendering the meaningful English. There are many individuals, access for LEP persons that this Section 601 of Title VI of the Civil however, for whom English is not their Guidance is designed to address. As Rights Act of 1964, 42 U.S.C. 2000d, primary language. For instance, based with most government initiatives, this provides that no person shall ‘‘on the on the 2000 census, over 26 million mandate requires balancing several ground of race, color, or national origin, individuals speak Spanish and almost 7 principles. While this Guidance be excluded from participation in, be million individuals speak an Asian or discusses that balance in some detail, it denied the benefits of, or be subjected Pacific Island language at home. If these is important to note the basic principles to discrimination under any program or individuals have a limited ability to behind that balance. First, we must activity receiving Federal financial read, speak, or understand English, they ensure that federally-assisted programs assistance.’’ Section 602 authorizes and are limited English proficient, or ‘‘LEP.’’ aimed at the American public do not directs federal agencies that are While detailed data from the 2000 leave some behind simply because they empowered to extend federal financial census has not yet been released, 26% face challenges communicating in assistance to any program or activity ‘‘to of all Spanish-speakers, 29.9% of all English. This is of particular importance effectuate the provisions of [section 601] Chinese-speakers, and 28.2% of all because, in many cases, LEP individuals * * * by issuing rules, regulations, or Vietnamese-speakers reported that they form a substantial portion of those orders of general applicability.’’ 42 spoke English ‘‘not well’’ or ‘‘not at all’’ encountered in federally-assisted U.S.C. 2000d–1. in response to the 1990 census. programs. Second, we must achieve this Department of Justice regulations Language for LEP individuals can be goal while finding constructive methods promulgated pursuant to section 602 a barrier to accessing important benefits to reduce the costs of LEP requirements forbid recipients from ‘‘utiliz[ing] or services, understanding and on small businesses, small local criteria or methods of administration exercising important rights, complying governments, or small non-profits that which have the effect of subjecting with applicable responsibilities, or receive federal financial assistance. individuals to discrimination because of understanding other information There are many productive steps that their race, color, or national origin, or provided by federally funded programs the federal government, either have the effect of defeating or and activities. The Federal Government collectively or as individual grant substantially impairing accomplishment funds an array of services that can be agencies, can take to help recipients of the objectives of the program as made accessible to otherwise eligible reduce the costs of language services respects individuals of a particular race, LEP persons. Recipients of federal without sacrificing meaningful access color, or national origin.’’ 28 CFR financial assistance have an obligation for LEP persons. Without these steps, 42.104(b)(2). to reduce language barriers that can certain smaller grantees may well The Supreme Court, in Lau v. Nichols, preclude meaningful access by LEP choose not to participate in federally 414 U.S. 563 (1974), interpreted persons to important government assisted programs, threatening the regulations promulgated by the services. critical functions that the programs Department of Health, Education, and This policy guidance clarifies strive to provide. To that end, the Welfare, including a regulation similar responsibilities, under existing law, of Department plans to continue to provide to that of DOJ, 45 CFR 80.3(b)(2), to hold
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that Title VI prohibits conduct that has Attorney General stated that because includes grants, training, use of a disproportionate effect on LEP persons Sandoval did not invalidate any Title VI equipment, donations of surplus because such conduct constitutes regulations that proscribe conduct that property, and other assistance. national-origin discrimination. In Lau, a has a disparate impact on covered Recipients of DOJ assistance include, for San Francisco school district that had a groups—the types of regulations that example: significant number of non-English form the legal basis for the part of • Police and sheriffs’ departments speaking students of Chinese origin was Executive Order 13166 that applies to • Departments of corrections, jails, required to take reasonable steps to federally assisted programs and and detention facilities provide them with a meaningful activities—the Executive Order remains • Courts opportunity to participate in federally in force. • Certain nonprofit agencies with law funded educational programs. Pursuant to Executive Order 13166, enforcement, public safety, and victim On August 11, 2000, Executive Order DOJ developed its own guidance assistance missions. 13166 was issued. ‘‘Improving Access to document for recipients and initially Subrecipients likewise are covered, Services for Persons with Limited issued it on January 16, 2001. when federal funds are passed through English Proficiency,’’ 65 FR 50121 ‘‘Guidance to Federal Financial from one recipient to a subrecipient. (August 16, 2000). Under that order, Assistance Recipients Regarding Title VI Coverage extends to a recipient’s every federal agency that provides Prohibition Against National Origin entire program or activity, i.e., to all financial assistance to non-federal Discrimination Affecting Limited parts of a recipient’s operations. This is entities must publish guidance on how English Proficient Persons,’’ 66 FR 3834 true even if only one part of the their recipients can provide meaningful (January 16, 2001) (‘‘LEP Guidance for recipient receives the federal access to LEP persons and thus comply DOJ Recipients’’). Because DOJ did not assistance.3 with Title VI regulations forbidding receive significant public comment on Example: DOJ provides assistance to a state funding recipients from ‘‘restrict[ing] an its January 16, 2001 publication, the department of corrections to improve a Department republished on January 18, particular prison facility. All of the individual in any way in the enjoyment operations of the entire state department of of any advantage or privilege enjoyed by 2002 its existing guidance document for additional public comment. ‘‘Guidance corrections—not just the particular prison— others receiving any service, financial are covered. aid, or other benefit under the program’’ to Federal Financial Assistance or from ‘‘utiliz[ing] criteria or methods Recipients Regarding Title VI Finally, some recipients operate in of administration which have the effect Prohibition Against National Origin jurisdictions in which English has been of subjecting individuals to Discrimination Affecting Limited declared the official language. discrimination because of their race, English Proficient Persons,’’ 67 FR 2671 Nonetheless, these recipients continue color, or national origin, or have the (January 18, 2002). The Department has to be subject to federal non- effect of defeating or substantially since received substantial public discrimination requirements, including impairing accomplishment of the comment. those applicable to the provision of objectives of the program as respects This guidance document is thus federally assisted services to persons individuals of a particular race, color, or published pursuant to Executive Order with limited English proficiency. 13166 and revises the January 16, 2001 national origin.’’ IV. Who Is a Limited English Proficient publication in light of the public On that same day, DOJ issued a Individual? general guidance document addressed comment received and Assistant Attorney General Boyd’s October 26, Individuals who do not speak English to ‘‘Executive Agency Civil Rights 2001 clarifying memorandum. as their primary language and who have Officers’’ setting forth general principles a limited ability to read, speak, or for agencies to apply in developing III. Who Is Covered? understand English can be limited guidance documents for recipients Department of Justice regulations, 28 English proficient, or ‘‘LEP,’’ entitled to pursuant to the Executive Order. CFR 42.104(b)(2), require all recipients language assistance with respect to a ‘‘Enforcement of Title VI of the Civil of federal financial assistance from DOJ particular type of service, benefit, or Rights Act of 1964 National Origin to provide meaningful access to LEP encounter. Discrimination Against Persons With persons.2 Federal financial assistance Examples of populations likely to Limited English Proficiency,’’ 65 FR include LEP persons who are 50123 (August 16, 2000) (‘‘DOJ LEP Order 13166 that applies to federally assisted encountered and/or served by DOJ Guidance’’). programs and activities. See, e.g., Sandoval, 532 U.S. at 286, 286 n.6 (‘‘[W]e assume for purposes of recipients and should be considered Subsequently, federal agencies raised when planning language services questions regarding the requirements of this decision that section 602 confers the authority to promulgate disparate-impact regulations; . . . include, but are not limited to: the Executive Order, especially in light We cannot help observing, however, how strange it • Persons who are in the custody of of the Supreme Court’s decision in is to say that disparate-impact regulations are the recipient, including juveniles, Alexander v. Sandoval, 532 U.S. 275 ‘inspired by, at the service of, and inseparably intertwined with’ § 601 * * * when § 601 permits detainees, wards, and inmates. (2001). On October 26, 2001, Ralph F. the very behavior that the regulations forbid.’’). The • Persons subject to or serviced by Boyd, Jr., Assistant Attorney General for memorandum, however, made clear that DOJ law enforcement activities, including, the Civil Rights Division, issued a disagreed with this interpretation. Sandoval holds for example, suspects, violators, memorandum for ‘‘Heads of principally that there is no private right of action to enforce Title VI disparate-impact regulations. It witnesses, victims, those subject to Departments and Agencies, General did not address the validity of those regulations or immigration-related investigations by Counsels and Civil Rights Directors.’’ Executive Order 13166 or otherwise limited the recipient law enforcement agencies, and This memorandum clarified and authority and responsibility of federal grant community members seeking to reaffirmed the DOJ LEP Guidance in agencies to enforce their own implementing 1 regulations. light of Sandoval. The Assistant 2 Pursuant to Executive Order 13166, the 3 However, if a federal agency were to decide to meaningful access requirement of the Title VI terminate federal funds based on noncompliance 1 The memorandum noted that some have regulations and the four-factor analysis set forth in with Title VI or its regulations, only funds directed interpreted Sandoval as impliedly striking down the DOJ LEP Guidance are to additionally apply to to the particular program or activity that is out of the disparate-impact regulations promulgated under the programs and activities of federal agencies, compliance would be terminated. 42 U.S.C. 2000d– Title VI that form the basis for the part of Executive including the Department of Justice. 1.
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participate in crime prevention or directly affected, by’’ a recipient’s (2) The Frequency With Which LEP awareness activities. program or activity, 28 CFR Individuals Come in Contact With the • Persons who encounter the court 42.405(d)(1), are those who are served or Program system. encountered in the eligible service Recipients should assess, as • Parents and family members of the population. This population will be accurately as possible, the frequency above. program-specific, and includes persons with which they have or should have V. How Does a Recipient Determine the who are in the geographic area that has contact with an LEP individual from Extent of Its Obligation To Provide LEP been approved by a federal grant agency different language groups seeking Services? as the recipient’s service area. However, assistance. The more frequent the Recipients are required to take where, for instance, a precinct serves a contact with a particular language reasonable steps to ensure meaningful large LEP population, the appropriate group, the more likely that enhanced access to their programs and activities service area is most likely the precinct, language services in that language are by LEP persons. While designed to be a and not the entire population served by needed. The steps that are reasonable flexible and fact-dependent standard, the department. Where no service area for a recipient that serves an LEP person the starting point is an individualized has previously been approved, the on a one-time basis will be very assessment that balances the following relevant service area may be that which different than those expected from a four factors: (1) The number or is approved by state or local authorities recipient that serves LEP persons daily. proportion of LEP persons eligible to be or designated by the recipient itself, It is also advisable to consider the served or likely to be encountered by provided that these designations do not frequency of different types of language the program or grantee; (2) the themselves discriminatorily exclude contacts. For example, frequent contacts with Spanish-speaking people who are frequency with which LEP individuals certain populations. Appendix A LEP may require certain assistance in come in contact with the program; (3) provides examples to assist in Spanish. Less frequent contact with the nature and importance of the determining the relevant service area. different language groups may suggest a program, activity, or service provided by When considering the number or the program to people’s lives; and (4) different and less intensified solution. If proportion of LEP individuals in a the resources available to the grantee/ an LEP individual accesses a program or service area, recipients should consider recipient and costs. As indicated above, service on a daily basis, a recipient has the intent of this guidance is to find a LEP parent(s) when their English- greater duties than if the same balance that ensures meaningful access proficient or LEP minor children and individual’s program or activity contact by LEP persons to critical services while dependents encounter the legal system. is unpredictable or infrequent. But even not imposing undue burdens on small Recipients should first examine their recipients that serve LEP persons on an business, or small nonprofits. prior experiences with LEP encounters unpredictable or infrequent basis should After applying the above four-factor and determine the breadth and scope of use this balancing analysis to determine analysis, a recipient may conclude that language services that were needed. In what to do if an LEP individual seeks different language assistance measures conducting this analysis, it is important services under the program in question. are sufficient for different types of to include language minority This plan need not be intricate. It may programs or activities. For instance, populations that are eligible for their be as simple as being prepared to use some of a recipient’s activities will be programs or activities but may be one of the commercially-available more important than others and/or have underserved because of existing telephonic interpretation services to obtain immediate interpreter services. In greater impact on or contact with LEP language barriers. Other data should be applying this standard, recipients persons, and thus may require more in consulted to refine or validate a the way of language assistance. The should take care to consider whether recipient’s prior experience, including flexibility that recipients have in appropriate outreach to LEP persons the latest census data for the area addressing the needs of the LEP could increase the frequency of contact populations they serve does not served, data from school systems and with LEP language groups. diminish, and should not be used to from community organizations, and data 4 (3) The Nature and Importance of the minimize, the obligation that those from state and local governments. Program, Activity, or Service Provided needs be addressed. DOJ recipients Community agencies, school systems, by the Program should apply the following four factors religious organizations, legal aid to the various kinds of contacts that they entities, and others can often assist in The more important the activity, have with the public to assess language identifying populations for whom information, service, or program, or the needs and decide what reasonable steps outreach is needed and who would greater the possible consequences of the they should take to ensure meaningful benefit from the recipients’ programs contact to the LEP individuals, the more access for LEP persons. and activities were language services likely language services are needed. The provided. obligations to communicate rights to a (1) The Number or Proportion of LEP person who is arrested or to provide Persons Served or Encountered in the 4 medical services to an ill or injured Eligible Service Population The focus of the analysis is on lack of English proficiency, not the ability to speak more than one inmate differ, for example, from those to One factor in determining what language. Note that census data may indicate the provide bicycle safety courses or language services recipients should most frequently spoken languages other than recreational programming. A recipient English and the percentage of people who speak provide is the number or proportion of that language who speak or understand English less needs to determine whether denial or LEP persons from a particular language than well. Some of the most commonly spoken delay of access to services or group served or encountered in the languages other than English may be spoken by information could have serious or even eligible service population. The greater people who are also overwhelmingly proficient in life-threatening implications for the LEP the number or proportion of these LEP English. Thus, they may not be the languages individual. Decisions by a federal, state, spoken most frequently by limited English persons, the more likely language proficient individuals. When using census data, it or local entity to make an activity services are needed. Ordinarily, persons is important to focus in on the languages spoken by compulsory, such as particular ‘‘eligible to be served, or likely to be those who are proficient in English. educational programs in a correctional
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facility or the communication of (hereinafter ‘‘interpretation’’) and out of English. Likewise, they may not Miranda rights, can serve as strong written translation (hereinafter be able to do written translations. evidence of the program’s importance. ‘‘translation’’). Oral interpretation can Competency to interpret, however, range from on-site interpreters for does not necessarily mean formal (4) The Resources Available to the critical services provided to a high certification as an interpreter, although Recipient and Costs volume of LEP persons to access certification is helpful. When using A recipient’s level of resources and through commercially-available interpreters, recipients should ensure the costs that would be imposed on it telephonic interpretation services. that they: may have an impact on the nature of the Written translation, likewise, can range • Demonstrate proficiency in and steps it should take. Smaller recipients from translation of an entire document ability to communicate information with more limited budgets are not to translation of a short description of accurately in both English and in the expected to provide the same level of the document. In some cases, language other language and identify and employ language services as larger recipients services should be made available on an the appropriate mode of interpreting with larger budgets. In addition, expedited basis while in others the LEP ( e.g., consecutive, simultaneous, ‘‘reasonable steps’’ may cease to be individual may be referred to another summarization, or sight translation); reasonable where the costs imposed office of the recipient for language • Have knowledge in both languages substantially exceed the benefits. assistance. of any specialized terms or concepts Resource and cost issues, however, The correct mix should be based on peculiar to the entity’s program or can often be reduced by technological what is both necessary and reasonable activity and of any particularized advances, the sharing of language in light of the four-factor analysis. A vocabulary and phraseology used in the assistance materials and services among police department in a largely Hispanic LEP person’s country of origin; 6 and and between recipients, advocacy neighborhood may need immediate oral • Understand and follow groups, and Federal grant agencies, and interpreters available and should give confidentiality and impartiality rules to reasonable business practices. Where serious consideration to hiring some the same extent the recipient employee appropriate, training bilingual staff to bilingual staff. (Of course, many police for whom they are interpreting and/or to act as interpreters and translators, departments have already made such the extent their position requires. information sharing through industry arrangements.) Regardless of the type of • Understand and adhere to their role groups, telephonic and language service provided, quality and as interpreters without deviating into a videoconferencing interpretation accuracy of those services can be critical role as counselor, legal advisor, or other services, pooling resources and in order to avoid serious consequences roles (particularly in court or law standardizing documents to reduce to the LEP person and to the recipient. enforcement contexts). translation needs, using qualified Recipients have substantial flexibility in Some recipients, such as courts, may translators and interpreters to ensure determining the appropriate mix. have additional self-imposed that documents need not be ‘‘fixed’’ requirements for interpreters. Where later and that inaccurate interpretations VI. Selecting Language Assistance individual rights depend on precise, do not cause delay or other costs, Services complete, and accurate interpretation or centralizing interpreter and translator Recipients have two main ways to translations, particularly in the contexts services to achieve economies of scale, provide language services: oral and of courtrooms and custodial or other or the formalized use of qualified written language services. Quality and police interrogations, the use of certified community volunteers, for example, accuracy of the language service is interpreters is strongly encouraged.7 may help reduce costs. 5 Recipients critical in order to avoid serious Where such proceedings are lengthy, the should carefully explore the most cost- consequences to the LEP person and to interpreter will likely need breaks and effective means of delivering competent the recipient. team interpreting may be appropriate to and accurate language services before ensure accuracy and to prevent errors limiting services due to resource A. Oral Language Services caused by mental fatigue of interpreters. concerns. Large entities and those (Interpretation) While quality and accuracy of entities serving a significant number or Interpretation is the act of listening to language services is critical, the quality proportion of LEP persons should something in one language (source and accuracy of language services is ensure that their resource limitations are language) and orally translating it into nonetheless part of the appropriate mix well-substantiated before using this another language (target language). of LEP services required. The quality factor as a reason to limit language Where interpretation is needed and is and accuracy of language services in a assistance. Such recipients may find it reasonable, recipients should consider prison hospital emergency room, for useful to be able to articulate, through some or all of the following options for example, must be extraordinarily high, documentation or in some other providing competent interpreters in a while the quality and accuracy of reasonable manner, their process for timely manner: language services in a bicycle safety determining that language services Competence of Interpreters. When would be limited based on resources or providing oral assistance, recipients 6 There may be languages which do not have an costs. appropriate direct interpretation of some courtroom should ensure competency of the or legal terms and the interpreter should be aware This four-factor analysis necessarily language service provider, no matter of this and be able to provide the most appropriate implicates the ‘‘mix’’ of LEP services which of the strategies outlined below interpretation. The interpreter should likely make required. Recipients have two main are used. Competency requires more the recipient aware of the issue and the ways to provide language services: Oral interpreter(s) and recipient can then work to than self-identification as bilingual. develop a consistent and appropriate set of interpretation either in person or via Some bilingual staff and community descriptions of these terms in that language that can telephone translation service volunteers, for instance, may be able to be used again, when appropriate. communicate effectively in a different 7 For those language in which no formal 5 Small recipients with limited resources may accreditation or certification currently exists, courts find that entering into a bulk telephonic language when communicating and law enforcement agencies should consider a interpretation service contract will prove cost information directly in that language, formal process for establishing the credentials of the effective. but not be competent to interpret in and interpreter.
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class need not meet the same exacting recipient, the recipient should turn to competent to perform the assigned standards. other options. duties, and that volunteers understand Finally, when interpretation is needed Hiring Staff Interpreters. Hiring applicable confidentiality and and is reasonable, it should be provided interpreters may be most helpful where impartiality rules. in a timely manner. To be meaningfully there is a frequent need for interpreting Use of Family Members, Friends, effective, language assistance must be services in one or more languages. Other Inmates, or Other Detainees as timely. While there is no single Contracting for Interpreters. Contract Interpreters. Where LEP persons so definition for ‘‘timely’’ applicable to all interpreters may be a cost-effective desire, they should be permitted to use types of interactions at all times by all option when there is no regular need for an interpreter of their own choosing types of recipients, one clear guide is a particular language skill. (whether a professional interpreter, that the language assistance must be Using Telephone Interpreter Lines. family member, friend, other inmate, provided at a time and place that avoids Telephone interpreter service lines often other detainee) in place of or as a the effective denial of the service, offer speedy interpreting assistance in supplement to the free language services benefit, or right at issue or the many different languages. They may be expressly offered by the recipient. LEP imposition of an undue burden on or particularly appropriate where the mode persons may feel more comfortable delay in important rights, benefits, or of communicating with an English when a trusted family member, friend, services to the LEP person. For example, proficient person would also be over the or other inmate acts as an interpreter. In when the timeliness of services is phone. Although telephonic addition, in exigent circumstances that important, such as with certain interpretation services are useful in are not reasonably foreseeable, activities of DOJ recipients providing many situations, it is important to temporary use of interpreters not law enforcement, health, and safety ensure that, when using such services, provided by the recipient may be services, and when important legal the interpreters used are competent to necessary. However, with proper rights are at issue, a recipient would interpret any technical or legal terms planning and implementation, likely not be providing meaningful specific to a particular program that may recipients should be able to avoid most access if it had one bilingual staffer be important parts of the conversation. such situations. available one day a week to provide the Nuances in language and non-verbal Recipients, however, must be very service. Such conduct would likely communication can often assist an careful to ensure that family interpreters result in delays for LEP persons that interpreter and cannot be recognized are appropriate in light of the would be significantly greater than over the phone. Video teleconferencing circumstances and subject matter of the those for English proficient persons. may sometimes help to resolve this program, service or activity. In many Conversely, where access to or exercise issue where necessary. In addition, circumstances, family members of a service, benefit, or right is not where documents are being discussed, it (especially children), friends, other effectively precluded by a reasonable is important to give telephonic inmates or other detainees are not delay, language assistance can likely be interpreters adequate opportunity to competent to provide quality and delayed for a reasonable period. review the document prior to the accurate interpretations. Issues of Hiring Bilingual Staff. When discussion and any logistical problems confidentiality, privacy, or conflict of particular languages are encountered should be addressed. Depending on the interests may also arise. LEP individuals often, hiring bilingual staff offers one of facts, sometimes it may be necessary may feel uncomfortable revealing or the best, and often most economical, and reasonable to provide on-site describing sensitive, confidential, or options. Recipients can, for example, fill interpreters to provide accurate and potentially embarrassing medical, law public contact positions, such as 911 meaningful communication with an LEP enforcement (e.g., sexual or violent operators, police officers, guards, or person. assaults), family, or financial program directors, with staff who are Using Community Volunteers. In information to a family member, friend, bilingual and competent to addition to consideration of bilingual or member of the local community. In communicate directly with LEP persons staff, staff interpreters, contract addition, such informal interpreters may in their language. If bilingual staff are interpreters (either in-person or by have a personal connection to the LEP also used to interpret between English telephone) as options to ensure person or an undisclosed conflict of speakers and LEP persons, or to orally meaningful access by LEP persons, use interest, such as the desire to protect interpret written documents from of recipient-coordinated community themselves or another perpetrator in a English into another language, they volunteers may provide a cost-effective domestic violence or other criminal should be competent in the skill of supplemental language assistance matter. For these reasons, when oral interpreting. Being bilingual does not strategy under appropriate language services are necessary, necessarily mean that a person has the circumstances. They may be particularly recipients should generally offer ability to interpret. In addition, there useful in providing language access for competent interpreter services free of may be times when the role of the a recipients’ less critical programs and cost to the LEP person. For DOJ bilingual employee may conflict with activities. To the extent the recipient recipient programs and activities, this is the role of an interpreter (for instance, relies on community volunteers, it is particularly true in a courtroom, pre- a bilingual law clerk would probably often best to use volunteers who are and post-trial proceedings, situations in not be able to perform effectively the trained in the information or services of which health, safety or access to role of a courtroom interpreter and law the program and can communicate important benefits and services are at clerk at the same time, even if the law directly with LEP persons in their stake, or when credibility and accuracy clerk were a qualified interpreter). language. Community volunteers used are important to protect an individual’s Effective management strategies, to interpret between English speakers rights and access to important services. including any appropriate adjustments and LEP persons, or to orally translate An example of such a case is when in assignments and protocols for using documents, should be competent in the police officers respond to a domestic bilingual staff, can ensure that bilingual skill of interpreting. Formal violence call. In such a case, use of staff are fully and appropriately utilized. arrangements with volunteers typically family members or neighbors to When bilingual staff cannot meet all of help ensure that service is available interpret for the alleged victim, the language service obligations of the more regularly, that the volunteers are perpetrator, or witnesses may raise
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serious issues of competency, likely to be affected by the recipient’s religious, and community organizations confidentiality, and conflicts of interest program. to spread a message. and is thus inappropriate. While issues Such written materials could include, Sometimes a document includes both of competency, confidentiality, and for example: vital and non-vital information. This conflicts of interest in the use of family Consent and complaint forms may be the case when the document is members (especially children), friends, Intake forms with the potential for very large. It may also be the case when other inmates or other detainees often important consequences the title and a phone number for make their use inappropriate, the use of Written notices of rights, denial, loss, obtaining more information on the these individuals as interpreters may be or decreases in benefits or services, contents of the document in the most an appropriate option where proper parole, and other hearings frequently-encountered languages other application of the four factors would Notices of disciplinary action than English is critical, but the lead to a conclusion that recipient- Notices advising LEP persons of free document is sent out to the general provided services are not necessary. An language assistance public and cannot reasonably be example of this is a voluntary Prison rule books translated into many languages. Written tests that do not assess educational tour of a courthouse offered Into What Languages Should to the public. There, the importance and English language competency, but test Documents be Translated? The nature of the activity may be relatively competency for a particular license, job, languages spoken by the LEP low and unlikely to implicate issues of or skill for which knowing English is individuals with whom the recipient confidentiality, conflict of interest, or not required has contact determine the languages Applications to participate in a the need for accuracy. In addition, the into which vital documents should be recipient’s program or activity or to resources needed and costs of providing translated. A distinction should be receive recipient benefits or services. language services may be high. In such made, however, between the most Whether or not a document is ‘‘vital’’ a setting, an LEP person’s use of family, frequent languages spoken by LEP may depend upon the importance of the friends, or others may be appropriate. persons encountered by a recipient and If the LEP person voluntarily chooses program, information, encounter, or the less common languages. Many to provide his or her own interpreter, a service involved. For instance, recipients serve communities in large recipient should consider whether a applications for bicycle safety courses cities or across the country. They record of that choice and of the should not generally be considered regularly serve LEP persons who speak recipient’s offer of assistance is vital, whereas applications for drug and dozens and sometimes over 100 appropriate. Where precise, complete, alcohol counseling in prison could be different languages. To translate all and accurate interpretations or considered vital. Where appropriate, written materials into all of those translations of information and/or recipients are encouraged to create a languages is unrealistic. Although testimony are critical for law policy for determining, consistently, recent technological advances have enforcement, adjudicatory or legal what documents are ‘‘vital’’ to the made it easier for recipients to store and reasons, or where the competency of the meaningful access of the LEP share translated documents, such an LEP person’s interpreter is not populations they serve. undertaking would incur substantial established, a recipient might decide to Classifying a document as vital or costs and require substantial resources. provide its own, independent non-vital is sometimes difficult, Nevertheless, well-substantiated claims interpreter, even if an LEP person wants especially in the case of outreach of lack of resources to translate all vital to use his or her own interpreter as well. materials like brochures or other documents into dozens of languages do Extra caution should be exercised when information on rights and services. To not necessarily relieve the recipient of the LEP person chooses to use a minor have meaningful access to a right or the obligation to translate those as the interpreter. While the LEP service, LEP persons may need to be documents into at least several of the person’s decision should be respected, aware of those rights and services. Thus, most frequently encountered languages there may be additional issues of vital information may include, for and to set benchmarks for continued competency, confidentiality, or conflict instance, documents indicating how to translations over time. As a result, the of interest when the choice involves obtain oral assistance in understanding extent of the recipient’s obligation to using children as interpreters. The other information not contained in the provide written translations of recipient should take extra care to translated documents. Lack of documents should be determined by the ensure that the LEP person’s choice is awareness that a particular program, recipient on a case-by-case basis, voluntary and was made with the right, or service exists may effectively looking at the totality of the knowledge that a competent interpreter deny LEP individuals meaningful circumstances in light of the four-factor could be provided by the recipient at no access. Thus, where a recipient is analysis. Because translation is a one- cost to the LEP person. engaged in community outreach time expense, consideration should be activities in furtherance of its activities, given to whether the upfront cost of B. Written Language Services it should regularly assess the needs of translating a document (as opposed to (Translation) the populations frequently encountered oral interpretation) should be amortized Translation is the replacement of a or affected by the program or activity to over the likely lifespan of the document written text from one language (source determine whether certain critical when applying this four-factor analysis. language) into an equivalent written text outreach materials should be translated. Safe Harbor. Many recipients would in another language (target language). Community organizations may be like to ensure with greater certainty that What Documents Should be helpful in determining what outreach they comply with their obligations to Translated? After applying the four- materials may be most helpful to provide written translations in factor analysis, recipients may translate. In addition, the recipient languages other than English. determine that an effective LEP policy should consider whether translations of Paragraphs (a) and (b) outline the ensures that certain vital written outreach material may be made more circumstances that can provide a ‘‘safe materials are translated into the effective when done in tandem with harbor’’ for recipients regarding the language of each regularly encountered other outreach methods, including requirements for translation of written LEP group eligible to be served and/or utilizing the ethnic media, schools, materials. A ‘‘safe harbor’’ means that if
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a recipient provides written translations possible or necessary.8 Competence can (including, e.g., information or under these circumstances, such action often be ensured by having a second, documents of DOJ recipients regarding will be considered strong evidence of independent translator ‘‘check’’ the certain law enforcement, health, and compliance with the recipient’s written- work of the primary translator. safety services and certain legal rights). translation obligations. Alternatively, one translator can The permanent nature of written The failure to provide written translate the document, and a second, translations, however, imposes translations under the circumstances independent translator could translate it additional responsibility on the outlined in paragraphs (a) and (b) does back into English. This is called ‘‘back recipient to ensure that the quality and not mean there is non-compliance. translation.’’ accuracy permit meaningful access by These paragraphs merely provide a Translators should understand the LEP persons. guide for recipients that would like expected reading level of the audience and, where appropriate, have VII. Elements of Effective Policy on greater certainty of compliance than can Language Assistance for LEP Persons be provided by a fact-intensive, four- fundamental knowledge about the target language group’s vocabulary and After completing the four-factor factor analysis. analysis and deciding what language Example: Even if the safe harbors are not phraseology. Sometimes direct used, if written translation of a certain translation of materials results in a assistance services are appropriate, a document(s) would be so burdensome as to translation that is written at a much recipient should develop an defeat the legitimate objectives of its more difficult level than the English implementation plan. Recipients have program, the translation of the written language version or has no relevant considerable flexibility in developing materials is not necessary. Other ways of equivalent meaning.9 Community this plan. For most recipients, a written providing meaningful access, such as organizations may be able to help policy on language assistance for LEP effective oral interpretation of certain vital consider whether a document is written persons (‘‘LEP policy’’) may be the most documents, might be acceptable under such at a good level for the audience. appropriate and cost effective means of circumstances. Likewise, consistency in the words and implementation. Certain DOJ recipients, Safe Harbor. The following actions phrases used to translate terms of art, such as recipients serving very few LEP will be considered strong evidence of legal, or other technical concepts helps persons and recipients with very limited compliance with the recipient’s written- avoid confusion by LEP individuals and resources, may not need to develop an translation obligations: may reduce costs. Creating or using LEP policy, but such recipients may already-created glossaries of commonly- find it useful to be able to articulate in (a) The DOJ recipient provides written some other reasonable manner their translations of vital documents for each used terms may be useful for LEP persons and translators and cost plan for providing meaningful access to eligible LEP language group that certain law enforcement, health, and constitutes five percent or 1,000, effective for the recipient. Providing translators with examples of previous safety services and certain legal rights. whichever is less, of the population of Entities having significant contact with persons eligible to be served or likely to translations of similar material by the recipient, other recipients, or federal LEP persons, such as schools, religious be affected or encountered. Translation organizations, community groups, and of other documents, if needed, can be agencies may be helpful. While quality and accuracy of groups working with new immigrants provided orally; or translation services is critical, the can be very helpful in providing (b) If there are fewer than 50 persons quality and accuracy of translation important input into this planning in a language group that reaches the five services is nonetheless part of the process from the beginning. percent trigger in (a), the recipient does appropriate mix of LEP services The following five steps may be not translate vital written materials but required. For instance, documents that helpful in designing an LEP policy and provides written notice in the primary are simple and have no legal or other are typically part of effective language of the LEP language group of consequence for LEP persons who rely implementation plans. The failure to the right to receive competent oral on them may use translators that are less include all five elements in an interpretation of those written materials, skilled than important documents with implementation plan, however, does not free of cost. legal or other information upon which necessarily mean there is non- These safe harbor provisions apply to reliance has important consequences compliance. the translation of written documents (1) Identifying LEP Individuals Who only. They do not affect the requirement 8 For those languages in which no formal Need Language Assistance to provide meaningful access to LEP accreditation currently exists, a particular level of membership in a professional translation The first two factors in the four-factor individuals through competent oral association can provide some indicator of analysis require an assessment of the interpreters where oral language professionalism. number or proportion of LEP services are needed and are reasonable. 9 For instance, there may be languages which do individuals eligible to be served or For example, correctional facilities not have an appropriate direct translation of some encountered and the frequency of should, where appropriate, ensure that courtroom or legal terms and the translator should be able to provide an appropriate translation. The encounters. This requires recipients to prison rules have been explained to LEP translator should likely also make the recipient identify LEP persons with whom it has inmates, at orientation, for instance, aware of this. Recipients can then work with contact. prior to taking disciplinary action translators to develop a consistent and appropriate One way to determine the language of against them. set of descriptions of these terms in that language that can be used again, when appropriate. communication is to use language Competence of Translators. As with Recipients will find it more effective and less costly identification cards (or ‘‘I speak cards’’), oral interpreters, translators of written if they try to maintain consistency in the words and phrases used to translate terms of art and legal or which invite LEP persons to identify documents should be competent. other technical concepts. Creating or using already- their language needs to staff. Such Particularly where legal or other vital created glossaries of commonly used terms may be cards, for instance, might say ‘‘I speak documents are being translated, useful for LEP personals and translators and cost Spanish’’ in both Spanish and English, competence can often be achieved by effective for the recipient. Providing translators with examples of previous translations of similar ‘‘I speak Vietnamese’’ in both English use of certified translators. Certification material by the recipient, other recipients, or federal and Vietnamese, etc. To reduce costs of or accreditation may not always be agencies may be helpful. compliance, the federal government has
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made a set of these cards available on (4) Providing Notice to LEP Persons programs, services, and activities need the Internet. The Census Bureau ‘‘I Once an agency has decided, based on to be made accessible for LEP speak card’’ can be found and the four factors, that it will provide individuals, and they may want to downloaded at http://www.usdoj.gov/ language services, it is important for the provide notice of any changes in crt/cor/13166.htm. When records are recipient to let LEP persons know that services to the LEP public and to normally kept of past interactions with those services are available and that employees. In addition, recipients members of the public, the language of they are free of charge. Recipients should consider whether changes in the LEP person can be included as part should provide this notice in a language demographics, types of services, or of the record. In addition to helping LEP persons will understand. Examples other needs require annual reevaluation employees identify the language of LEP of notification that recipients should of their LEP policy. Less frequent persons they encounter, this process consider include: reevaluation may be more appropriate will help in future applications of the Posting signs in intake areas and other where demographics, services, and first two factors of the four-factor entry points. When language assistance needs are more static. One good way to analysis. In addition, posting notices in is needed to ensure meaningful access evaluate the LEP policy is to seek commonly encountered languages to information and services, it is feedback from the community. notifying LEP persons of language important to provide notice in In their reviews, recipients may want assistance will encourage them to self- appropriate languages in intake areas or to consider assessing changes in: identify. initial points of contact so that LEP Current LEP populations in service area or population affected or (2) Language Assistance Measures persons can learn how to access those language services. This is particularly encountered. Frequency of encounters with LEP An effective LEP policy would likely true in areas with high volumes of LEP language groups. include information about the ways in persons seeking access to certain health, Nature and importance of activities to which language assistance will be safety, or law enforcement services or LEP persons. provided. For instance, recipients may activities run by DOJ recipients. For want to include information on at least Availability of resources, including instance, signs in intake offices could technological advances and sources of the following: state that free language assistance is Types of language services available. additional resources, and the costs available. The signs should be translated How staff can obtain those services. imposed. How to respond to LEP callers. into the most common languages Whether existing assistance is How to respond to written encountered. They should explain how meeting the needs of LEP persons. 10 communications from LEP persons. to get the language help. Whether staff knows and understands How to respond to LEP individuals Stating in outreach documents that the LEP policy and how to implement who have in-person contact with language services are available from the it. recipient staff. agency. Announcements could be in, for Whether identified sources for How to ensure competency of instance, brochures, booklets, and in assistance are still available and viable. interpreters and translation services. outreach and recruitment information. In addition to these five elements, These statements should be translated effective plans set clear goals, (3) Training Staff into the most common languages and management accountability, and Staff should know their obligations to could be ‘‘tagged’’ onto the front of opportunities for community input and provide meaningful access to common documents. planning throughout the process. information and services for LEP Working with community-based persons. An effective LEP policy would organizations and other stakeholders to VIII. Voluntary Compliance Effort likely include training to ensure that: inform LEP individuals of the The goal for Title VI and Title VI Staff know about LEP policies and recipients’ services, including the regulatory enforcement is to achieve procedures. availability of language assistance voluntary compliance. The requirement Staff having contact with the public services. to provide meaningful access to LEP (or those in a recipient’s custody) are Using a telephone voice mail menu. persons is enforced and implemented by trained to work effectively with in- The menu could be in the most common DOJ through the procedures identified person and telephone interpreters. languages encountered. It should in the Title VI regulations. These Recipients may want to include this provide information about available procedures include complaint training as part of the orientation for language assistance services and how to investigations, compliance reviews, new employees. It is important to get them. efforts to secure voluntary compliance, ensure that all employees in public Including notices in local newspapers and technical assistance. contact positions (or having contact in languages other than English. The Title VI regulations provide that with those in a recipient’s custody) are Providing notices on non-English- DOJ will investigate whenever it properly trained. Recipients have language radio and television stations receives a complaint, report, or other flexibility in deciding the manner in about the available language assistance information that alleges or indicates which the training is provided. The services and how to get them. possible noncompliance with Title VI or more frequent the contact with LEP Presentations and/or notices at its regulations. If the investigation persons, the greater the need will be for schools and religious organizations. results in a finding of compliance, DOJ in-depth training. Staff with little or no (5) Monitoring and Updating the LEP will inform the recipient in writing of contact with LEP persons may only have Policy this determination, including the basis for the determination. DOJ uses to be aware of an LEP policy. However, Recipients should, where appropriate, voluntary mediation to resolve most management staff, even if they do not have a process for determining, on an complaints. However, if a case is fully interact regularly with LEP persons, ongoing basis, whether new documents, should be fully aware of and understand investigated and results in a finding of the plan so they can reinforce its 10 The Social Security Administration has made noncompliance, DOJ must inform the importance and ensure its such signs available on their website. These signs recipient of the noncompliance through implementation by staff. could, for example, be modified for recipient use. a Letter of Findings that sets out the
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areas of noncompliance and the steps IX. Application to Specific Types of are not meant to be exhaustive and may not that must be taken to correct the Recipients apply in many situations. noncompliance. It must attempt to The requirements of the Title VI Appendix A of this Guidance regulations, as clarified by this Guidance, secure voluntary compliance through provides examples of how the supplement, but do not supplant, informal means. If the matter cannot be meaningful access requirement of the constitutional and other statutory or resolved informally, DOJ must secure Title VI regulations applies to law regulatory provisions that may require LEP compliance through the termination of enforcement, corrections, courts, and services. Thus, a proper application of the federal assistance after the DOJ recipient other recipients of DOJ assistance. four-factor analysis and compliance with the has been given an opportunity for an Title VI regulations does not replace A. State and Local Law Enforcement constitutional or other statutory protections administrative hearing and/or by mandating warnings and notices in languages referring the matter to a DOJ litigation Appendix A further explains how law other than English in the criminal justice section to seek injunctive relief or enforcement recipients can apply the context. Rather, this Guidance clarifies the pursue other enforcement proceedings. four factors to a range of encounters Title VI regulatory obligation to address, in DOJ engages in voluntary compliance with the public. The responsibility for appropriate circumstances and in a efforts and provides technical assistance providing language services differs with reasonable manner, the language assistance to recipients at all stages of an different types of encounters. needs of LEP individuals beyond those required by the Constitution or statutes and investigation. During these efforts, DOJ Appendix A helps recipients identify the population they should consider regulations other than the Title VI proposes reasonable timetables for regulations. achieving compliance and consults with when considering the types of services A. State and Local Law Enforcement and assists recipients in exploring cost- to provide. It then provides guidance effective ways of coming into and examples of applying the four For the vast majority of the public, compliance. In determining a recipient’s factors. For instance, it gives examples exposure to law enforcement begins and ends with interactions with law enforcement compliance with the Title VI on how to apply this guidance to: Receiving and responding to requests personnel discharging their duties while on regulations, DOJ’s primary concern is to patrol, responding to a request for services, ensure that the recipient’s policies and for help talking to witnesses, or conducting procedures provide meaningful access Enforcement stops short of arrest and community outreach activities. For a much for LEP persons to the recipient’s field investigations smaller number, that exposure includes a Custodial interrogations programs and activities. visit to a station house. And for an important Intake/detention but even smaller number, that visit to the While all recipients must work Community outreach station house results in entry into the toward building systems that will criminal justice, judicial, or juvenile justice ensure access for LEP individuals, DOJ B. Departments of Corrections systems. acknowledges that the implementation Appendix A also helps departments The common thread running through these of corrections understand how to apply and other interactions between the public of a comprehensive system to serve LEP and law enforcement is the exchange of individuals is a process and that a the four factors. For instance, it gives information. Where police and sheriffs’ system will evolve over time as it is examples of LEP access in: departments receive federal financial implemented and periodically Intake assistance, these departments have an reevaluated. As recipients take Disciplinary action obligation to provide LEP services to LEP reasonable steps to provide meaningful Health and safety individuals to ensure that they have access to federally assisted programs Participation in classes or other meaningful access to the system, including, programs affecting length of sentence for example, understanding rights and and activities for LEP persons, DOJ will accessing police assistance. Language barriers look favorably on intermediate steps English as a Second Language (ESL) can, for instance, prevent victims from recipients take that are consistent with Classes effectively reporting crimes to the police and this Guidance, and that, as part of a Community corrections programs hinder police investigations of reported broader implementation plan or C. Other Types of Recipients crimes. For example, failure to communicate schedule, move their service delivery effectively with a victim of domestic violence Appendix A also applies the four can result in reliance on the batterer or a system toward providing full access to factors and gives examples for other minor child and failure to identify and LEP persons. This does not excuse types of recipients. Those include, for protect against harm. noncompliance but instead recognizes example: Many police and sheriffs’ departments that full compliance in all areas of a already provide language services in a wide recipient’s activities and for all potential Courts variety of circumstances to obtain Juvenile Justice Programs language minority groups may information effectively, to build trust and Domestic Violence Prevention/ relationships with the community, and to reasonable require a series of Treatment Programs contribute to the safety of law enforcement implementing actions over a period of personnel. For example, many police time. However, in developing any Appendix A—Application of LEP departments already have available printed phased implementation schedule, DOJ Guidance for DOJ Recipients to Specific Miranda rights in languages other than recipients should ensure that the Types of Recipients English as well as interpreters available to provision of appropriate assistance for inform LEP persons of their rights and to While a wide range of entities receive 1 significant LEP populations or with interpret police interviews. In areas where federal financial assistance through DOJ, significant LEP populations reside, law respect to activities having a significant most of DOJ’s assistance goes to law enforcement officials already may have forms impact on the health, safety, legal rights, enforcement agencies, including state and and notices in languages other than English or livelihood of beneficiaries is local police and sheriffs’ departments, and to state departments of corrections. Sections A addressed first. Recipients are 1 and B below provide examples of how these The Department’s Federal Bureau of Investigation makes written versions of those rights encouraged to document their efforts to two major types of DOJ recipients might provide LEP persons with meaningful available in several different languages. Of course, apply the four-factor analysis. Section C where literacy is of concern, these are most useful access to federally assisted programs provides examples for other types of in assisting an interpreter in using consistent terms and activities. recipients. The examples in this Appendix when providing Miranda warnings orally.
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or they may employ bilingual law is required to translate vital written Nevertheless, with the rising importance of enforcement officers, intake personnel, documents into Spanish. In addition, the community partnerships and community- counselors, and support staff. These predictability of contact during those seasons based programming as a law enforcement experiences can form a strong basis for makes it important for the jurisdiction to technique, the need for language services applying the four-factor analysis and review its interpretation services to ensure with respect to these programs should be complying with the Title VI regulations. meaningful access for LEP individuals. considered in applying the four-factor analysis. 1. General Principles b. Target Audiences d. Interpreters The touchstone of the four-factor analysis For most law enforcement services, the is reasonableness based upon the specific target audience is defined in geographic Just as with other recipients, law purposes, needs, and capabilities of the law rather than programmatic terms. However, enforcement recipients have a variety of enforcement service under review and an some services may be targeted to reach a options for providing language services. appreciation of the nature and particularized particular audience (e.g., elementary school Under certain circumstances, when needs of the LEP population served. children, elderly, residents of high crime interpreters are required and recipients Accordingly, the analysis cannot provide a areas, minority communities, small business should provide competent interpreter single uniform answer on how service to LEP owners/operators). Also, within the larger services free of cost to the LEP person, LEP persons must be provided in all programs or geographic area covered by a police persons should be advised that they may activities in all situations or whether such department, certain precincts or portions of choose either to secure the assistance of an service need be provided at all. Knowledge precincts may have concentrations of LEP interpreter of their own choosing, at their of local conditions and community needs persons. In these cases, even if the overall own expense, or a competent interpreter becomes critical in determining the type and number or proportion of LEP individuals in provided by the recipient. level of language services needed. the district is low, the frequency of contact If the LEP person decides to provide his or Before giving specific examples, several may be foreseeably higher for certain areas or her own interpreter, the provision of this general points should assist law enforcement programs. Thus, the second factor— choice to the LEP person and the LEP in correctly applying the analysis to the wide frequency of contact—should be considered person’s election should be documented in range of services employed in their particular in light of the specific program or the any written record generated with respect to jurisdictions. geographic area being served. the LEP person. While an LEP person may Example: A police department that sometimes look to bilingual family members a. Permanent Versus Seasonal Populations receives funds from the DOJ Office of Justice or friends or other persons with whom they In many communities, resident Programs initiates a program to increase are comfortable for language assistance, there populations change over time or season. For awareness and understanding of police are many situations where an LEP person example, in some resort communities, services among elementary school age might want to rely upon recipient-supplied populations swell during peak vacation children in high crime areas of the interpretative services. For example, such periods, many times exceeding the number of jurisdiction. This program involves ‘‘Officer individuals may not be available when and permanent residents of the jurisdiction. In in the Classroom’’ presentations at where they are needed, or may not have the other communities, primarily agricultural elementary schools located in areas of high ability to interpret program-specific technical areas, transient populations of agricultural poverty. The population of the jurisdiction is information. Alternatively, an individual workers will require increased law estimated to include only 3% LEP may feel uncomfortable revealing or enforcement services during the relevant individuals. However, the LEP population at describing sensitive, confidential, or harvest season. This dynamic demographic the target schools is 35%, the vast majority potentially embarrassing medical, law ebb and flow can also dramatically change of whom are Vietnamese speakers. In enforcement ( e.g., sexual or violent assaults), the size and nature of the LEP community applying the four-factor analysis, the higher family, or financial information to a family likely to come into contact with law LEP language group populations of the target member, friend, or member of the local enforcement personnel. Thus, law schools and the frequency of contact within community. Similarly, there may be enforcement officials may not want to limit the program with LEP students in those situations where a recipient’s own interests their analysis to numbers and percentages of schools, not the LEP population generally, justify the provision of an interpreter permanent residents. In assessing factor should be used in determining the nature of regardless of whether the LEP individual also one—the number or proportion of LEP the LEP needs of that particular program. provides his or her own interpreter. For individuals—police departments should Further, because the Vietnamese LEP example, where precise, complete and consider any significant but temporary population is concentrated in one or two accurate translations of information and/or changes in a jurisdiction’s demographics. main areas of town, the police department testimony are critical for law enforcement, Example: A rural jurisdiction has a should expect the frequency of contact with adjudicatory or legal reasons, a recipient permanent population of 30,000, 7% of Vietnamese LEP individuals, in general, to be might decide to provide its own, which is Hispanic. Based on census data and quite high in those areas, and it should apply independent interpreter, even if an LEP on information from the contiguous school the four-factor analysis accordingly with person wants to use their own interpreter as district, of that number, only 15% are respect to other services provided by the well. estimated to be LEP individuals. Thus, the police department. In emergency situations that are not total estimated permanent LEP population is reasonably foreseeable, the recipient may c. Importance of Service/Information 315 or approximately 1% of the total have to temporarily rely on non-recipient- permanent population. Under the four-factor Given the critical role law enforcement provided language services. Reliance on analysis, a sheriffs’ department could plays in maintaining quality of life and children is especially discouraged unless reasonably conclude that the small number of property, traditional law enforcement and there is an extreme emergency and no LEP persons makes the affirmative protective services rank high on the critical/ preferable interpreters are available. translation of documents and/or employment non-critical continuum. However, this does While all language services need to be of bilingual staff unnecessary. However, not mean that information about, or provided competent, the greater the potential during the spring and summer planting and by, each of the myriad services and activities consequences, the greater the need to harvest seasons, the local population swells performed by law enforcement officials must monitor interpretation services for quality. to 40,000 due to the influx of seasonal be equally available in languages other than For instance, it is important that interpreters agricultural workers. Of this transitional English. While clearly important to the in custodial interrogations be highly number, about 75% are Hispanic and about ultimate success of law enforcement, certain competent to translate legal and other law 50% of that number are LEP individuals. community outreach activities do not have enforcement concepts, as well as be This information comes from the schools and the same direct impact on the provision of extremely accurate in their interpretation. It a local migrant worker community group. core law enforcement services as the may be sufficient, however, for a desk clerk Thus, during the harvest season, the activities of 911 lines or law enforcement who is bilingual but not skilled at jurisdiction’s LEP population increases to officials’ ability to respond to requests for interpreting to help an LEP person figure out over 10% of all residents. In this case, the assistance while on patrol, to communicate to whom he or she needs to talk about setting department may want to consider whether it basic information to suspects, etc. up a neighborhood watch.
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2. Applying the Four-Factor Analysis Along when it receives calls from LEP persons who and similar activities designed to solicit and the Law Enforcement Continuum speak other languages. Ten percent of the obtain information from the community or While all police activities are important, city’s population is LEP, and sixty percent of particular persons. Encounters with LEP the four-factor analysis requires some the LEP population speaks Spanish. In individuals will often be less predictable in prioritizing so that language services are addition to 911 service, the city has a 311 field investigations. However, the targeted where most needed because of the line for non-emergency police services. The jurisdiction should still assess the potential nature and importance of the particular law 311 Center has Spanish speaking operators for contact with LEP individuals in the enforcement activity involved. In addition, available, and uses a language bank, staffed course of field investigations and because of the ‘‘reasonableness’’ standard, by the city’s bilingual city employees who investigative stops, identify the LEP language and frequency of contact and resources/costs are competent translators, for other non- group(s) most likely to be encountered, and factors, the obligation to provide language English-speaking callers. The city also has a provide, if it is consistent with the four-factor services increases where the importance of campaign to educate non-English speakers analysis, its officers with sufficient the activity is greater. when to use 311 instead of 911. These interpretation and/or translation resources to Under this framework, then, critical areas actions constitute strong evidence of ensure that lack of English proficiency does for language assistance could include 911 compliance. not impede otherwise proper investigations calls, custodial interrogation, and health and b. Enforcement Stops Short of Arrest and or unduly burden LEP individuals. safety issues for persons within the control Field Investigations Example: A police department in a of the police. These activities should be Field enforcement includes, for example, moderately large city includes a precinct that considered the most important under the traffic stops, pedestrian stops, serving serves an area which includes significant LEP four-factor analysis. Systems for receiving warrants and restraining orders, Terry stops, populations whose native languages are and investigating complaints from the public activities in aid of other jurisdictions or Spanish, Korean, and Tagalog. Law are important. Often very important are federal agencies (e.g., fugitive arrests or INS enforcement officials could reasonably routine patrol activities, receiving non- detentions), and crowd/traffic control. consider the adoption of a policy assigning emergency information regarding potential Because of the diffuse nature of these bilingual investigative officers to the precinct crimes, and ticketing. Community outreach activities, the reasonableness standard allows and/or creating a resource list of department activities are hard to categorize, but generally for great flexibility in providing meaningful employees competent to interpret and ready they do not rise to the same level of access. Nevertheless, the ability of law to assist officers by phone or radio. This importance as the other activities listed. enforcement agencies to discharge fully and could be combined with developing However, with the importance of community effectively their enforcement and crime language-appropriate written materials, such partnerships and community-based interdiction mission requires the ability to as consents to searches or statements of programming as a law enforcement communicate instructions, commands, and rights, for use by its officers where LEP technique, the need for language services notices. For example, a routine traffic stop individuals are literate in their languages. In with respect to these programs should be can become a difficult situation if an officer certain circumstances, it may also be helpful considered in applying the four-factor is unable to communicate effectively the to have telephonic interpretation service analysis. Police departments have a great reason for the stop, the need for access where other options are not successful deal of flexibility in determining how to best identification or other information, and the and safety and availability of phone access address their outreach to LEP populations. meaning of any written citation. Requests for permit. a. Receiving and Responding to Requests for consent to search are meaningless if the Example: A police department receives Assistance request is not understood. Similarly, crowd federal financial assistance and serves a control commands will be wholly ineffective predominantly Hispanic neighborhood. It LEP persons must have meaningful access where significant numbers of people in a routinely sends officers on domestic violence to police services when they are victims of crowd cannot understand the meaning of law calls. The police department is in a state in or witnesses to alleged criminal activity. enforcement commands. which English has been declared the official Effective reporting systems transform Given the wide range of possible situations language. The police therefore determine that victims, witnesses, or bystanders into in which law enforcement in the field can they cannot provide language services to LEP assistants in law enforcement and take place, it is impossible to equip every persons. Thus, when the victim of domestic investigation processes. Given the critical officer with the tools necessary to respond to violence speaks only Spanish and the role the public plays in reporting crimes or every possible LEP scenario. Rather, in perpetrator speaks English, the officers have directing limited law enforcement resources applying the four factors to field no way to speak with the victim so they only to time-sensitive emergency or public safety enforcement, the goal should be to get the perpetrator’s side of the story. The situations, efforts to address the language implement measures addressing the language failure to communicate effectively with the assistance needs of LEP individuals could needs of significant LEP populations in the victim results in further abuse and failure to have a significant impact on improving most likely, common, and important charge the batterer. The police department responsiveness, effectiveness, and safety. situations, as consistent with the recipients’ should be aware that despite the state’s Emergency service lines for the public, or resources and costs. official English law, the Title VI regulations 911 lines, operated by agencies that receive Example: A police department serves a apply to it. Thus, the police department federal financial assistance must be jurisdiction with a significant number of LEP should provide meaningful access for LEP accessible to persons who are LEP. This will individuals residing in one or more persons. mean different things to different precincts, and it is routinely asked to provide c. Custodial Interrogations jurisdictions. For instance, in large cities crowd control services at community events with significant LEP communities, the 911 or demonstrations in those precincts. If it is Custodial interrogations of unrepresented line may have operators who are bilingual otherwise consistent with the requirements LEP individuals trigger constitutional rights and capable of accurately interpreting in high of the four-factor analysis, the police that this Guidance is not designed to address. stress situations. Smaller cities or areas with department should assess how it will Given the importance of being able to small LEP populations should still have to discharge its crowd control duties in a communicate effectively under such have a plan for serving callers who are LEP, language-appropriate manner. Among the circumstances, law enforcement recipients but the LEP policy and implementation may possible approaches are plans to assign should ensure competent and free language involve a telephonic interpretation service bilingual officers, basic language training of services for LEP individuals in such that is fast enough and reliable enough to all officers in common law enforcement situations. Law enforcement agencies are attend to the emergency situation, or include commands, the use of devices that provide strongly encouraged to create a written policy some other accommodation short of hiring audio commands in the predictable on language assistance for LEP persons in bilingual operators. languages, or the distribution of translated this area. In addition, in formulating a policy Example: A large city provides bilingual written materials for use by officers. for effectively communicating with LEP operators for the most frequently Field investigations include neighborhood individuals, agencies should strongly encountered languages, and uses a canvassing, witness identification and consider whether qualified independent commercial telephone interpretation service interviewing, investigative or Terry stops, interpreters would be more appropriate
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during custodial interrogations than law language. After completing the four-factor generally not appropriate. Reliance on fellow enforcement personnel themselves.2 analysis, the department should take prisoners should only be an option in Example: A large city police department reasonable steps to make the counseling unforeseeable emergency circumstances; institutes an LEP plan that requires arresting accessible to LEP individuals. For instance, when the LEP inmate signs a waiver that is officers to procure a qualified interpreter for the department could seek bilingual in his/her language and in a form designed any custodial interrogation, notification of counselors (for whom they provided training for him/her to understand; or where the topic rights, or taking of a statement, and any in translation) for some of the counseling of communication is not sensitive, communication by an LEP individual in positions. In addition, the department could confidential, important, or technical in response to a law enforcement officer. When have an agreement with a local university in nature and the prisoner is competent in the considering whether an interpreter is which bilingual social work majors who are skill of interpreting. qualified, the LEP policy discourages use of competent in interpreting, as well as In addition, a department of corrections police officers as interpreters in language majors who are trained by the that receives federal financial assistance interrogations except under circumstances in department in basic domestic violence would be ultimately responsible for ensuring which the LEP individual is informed of the sensitivity and counseling, are used as that LEP inmates have meaningful access officer’s dual role and the reliability of the interpreters when the in-house bilingual staff within a prison run by a private or other interpretation is verified, such as, for cannot cover the need. Interpreters under entity with which the department has example, where the officer has been trained such circumstances should sign a entered into a contract. The department may and tested in interpreting and tape recordings confidentiality agreement with the provide the staff and materials necessary to are made of the entire interview. In department. These actions constitute strong provide required language services, or it may determining whether an interpreter is evidence of compliance. choose to require the entity with which it qualified, the jurisdiction uses the analysis Example: A large city has initiated an contracted to provide the services itself. noted above. These actions would constitute outreach program designed to address a strong evidence of compliance. problem of robberies of Vietnamese homes by 2. Applying the Four Factors Along the Corrections Continuum d. Intake/Detention Vietnamese gangs. One strategy is to work with community groups and banks and As with law enforcement activities, critical State or local law enforcement agencies others to help allay traditional fears in the and predictable contact with LEP individuals that arrest LEP persons should consider the community of putting money and other poses the greatest obligation for language inherent communication impediments to valuables in banks. Because a large portion services. Corrections facilities have gathering information from the LEP arrestee of the target audience is Vietnamese speaking somewhat greater abilities to assess the through an intake or booking process. Aside and LEP, the department contracts with a language needs of those they encounter, from the basic information, such as the LEP bilingual community liaison competent in although inmate populations may change arrestee’s name and address, law the skill of translating to help with outreach rapidly in some areas. Contact affecting enforcement agencies should evaluate their activities. This action constitutes strong health and safety, length of stay, and ability to communicate with the LEP arrestee evidence of compliance. discipline likely present the most critical about his or her medical condition. Because situations under the four-factor analysis. medical screening questions are commonly B. Departments of Corrections/Jails/ used to elicit information on the arrestee’s Detention Centers a. Assessment medical needs, suicidal inclinations, Departments of corrections that receive Each department of corrections that presence of contagious diseases, potential federal financial assistance from DOJ must receives federal financial assistance should illness, resulting symptoms upon withdrawal provide LEP prisoners 3 with meaningful assess the number of LEP prisoners who are from certain medications, or the need to access to benefits and services within the in the system, in which prisons they are segregate the arrestee from other prisoners, it program. In order to do so, corrections located, and the languages he or she speaks. is important for law enforcement agencies to departments, like other recipients, must Each prisoner’s LEP status, and the language consider how to communicate effectively apply the four-factor analysis. he or she speaks, should be placed in his or with an LEP arrestee at this stage. In her file. Although this Guidance and Title VI jurisdictions with few bilingual officers or in 1. General Principles are not meant to address literacy levels, situations where the LEP person speaks a Departments of corrections also have a agencies should be aware of literacy language not encountered very frequently, wide variety of options in providing problems so that LEP services are provided telephonic interpretation services may translation services appropriate to the in a way that is meaningful and useful ( e.g., provide the most cost effective and efficient particular situation. Bilingual staff competent translated written materials are of little use method of communication. in interpreting, in person or by phone, pose to a nonliterate inmate). After the initial e. Community Outreach one option. Additionally, particular prisons assessment, new LEP prisoners should be may have agreements with local colleges and identified at intake or orientation, and the Community outreach activities universities, interpreter services, and/or data should be updated accordingly. increasingly are recognized as important to community organizations to provide paid or b. Intake/Orientation the ultimate success of more traditional volunteer competent translators under duties. Thus, an application of the four-factor agreements of confidentiality and Intake/Orientation plays a critical role not analysis to community outreach activities impartiality. Telephonic interpretation merely in the system’s identification of LEP can play an important role in ensuring that services may offer a prudent oral interpreting prisoners, but in providing those prisoners the purpose of these activities (to improve option for prisons with very few and/or with fundamental information about their police/community relations and advance law infrequent prisoners in a particular language obligations to comply with system enforcement objectives) is not thwarted due group. Reliance on fellow prisoners is regulations, participate in education and to the failure to address the language needs training, receive appropriate medical
of LEP persons. 3 treatment, and enjoy recreation. Even if only In this Guidance, the terms ‘‘prisoners’’ or one prisoner doesn’t understand English, that Example: A police department initiates a ‘‘inmates’’ include all of those individuals, program of domestic counseling in an effort including Immigration and Naturalization Service prisoner should likely be given the to reduce the number or intensity of domestic (INS) detainees and juveniles, who are held in a opportunity to be informed of the rules, violence interactions. A review of domestic facility operated by a recipient. Certain statutory, obligations, and opportunities in a manner violence records in the city reveals that 25% regulatory, or constitutional mandates/rights may designed effectively to communicate these of all domestic violence responses are to apply only to juveniles, such as educational rights, matters. An appropriate analogy is the minority areas and 30% of those responses including those for students with disabilities or obligation to communicate effectively with involve interactions with one or more LEP limited English proficiency. Because a decision by deaf prisoners, which is most frequently a recipient or a federal, state, or local entity to make accomplished through sign language persons, most of whom speak the same an activity compulsory serves as strong evidence of the program’s importance, the obligation to provide interpreters or written materials. Not every 2 Some state laws prohibit police officers from language services may differ depending upon prison will use the same method for serving as interpreters during custodial whether the LEP person is a juvenile or an adult providing language assistance. Prisons with interrogation of suspects. inmate. large numbers of Spanish-speaking LEP
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prisoners, for example, may choose to who speak Spanish, then the prison health apply the four factors and determine areas translate written rules, notices, and other care provider should likely have available where language services are most needed and important orientation material into Spanish qualified bilingual medical staff or reasonable. Important oral communications with oral instructions, whereas prisons with interpreters versed in medical terms. If the include, for example: interviews; explaining very few such inmates may choose to rely population of LEP individuals is low, then conditions of probations/release; developing upon a telephonic interpretation service or the prison may choose instead, for example, case plans; setting up referrals for services; qualified community volunteers to assist. to rely on a local community volunteer regular supervision contacts; outlining Example: The department of corrections in program that provides qualified interpreters violations of probations/parole and a state with a 5% Haitian Creole-speaking through a university. Due to the private recommendations; and making adjustments LEP corrections population and an 8% nature of medical situations, only in to the case plan. Competent oral language Spanish-speaking LEP population receives unpredictable emergency situations or in services for LEP persons are important for federal financial assistance to expand one of non-emergency cases where the inmate has each of these types of communication. its prisons. The department of corrections waived rights to a non-inmate interpreter Recipients have great flexibility in has developed an intake video in Haitian would the use of other bilingual inmates be determining how to provide those services. Creole and another in Spanish for all of the appropriate. Just as with all language services, it is prisons within the department to use when e. Participation Affecting Length of Sentence important that language services be orienting new prisoners who are LEP and If a prisoner’s LEP status makes him/her competent. Some knowledge of the legal speak one of those languages. In addition, the unable to participate in a particular program, system may be necessary in certain department provides inmates with an such a failure to participate should not be circumstances. For example, special attention opportunity to ask questions and discuss used to adversely impact the length of stay should be given to the technical intake information through either bilingual or significantly affect the conditions of interpretation skills of interpreters used staff who are competent in interpreting and imprisonment. Prisons have options in how when obtaining information from an offender who are present at the orientation or who are to apply this standard. For instance, prisons during pre-sentence and violation of patched in by phone to act as interpreters. could: (1) Make the program accessible to the probation/parole investigations or in other The department also has an agreement LEP inmate; or (2) waive the requirement. circumstances in which legal terms and the whereby some of its prisons house a small Example: State law provides that otherwise results of inaccuracies could impose an number of INS detainees. For those detainees eligible prisoners may receive early release if enormous burden on the LEP person. or other inmates who are LEP and do not they take and pass an alcohol counseling In addition, just as with other recipients, speak Haitian Creole or Spanish, the program. Given the importance of early corrections programs should identify vital department has created a list of sources for release, LEP prisoners should, where written materials for probation and parole interpretation, including department staff, appropriate, be provided access to this that should be translated when a significant contract interpreters, university resources, prerequisite in some fashion. How that access number or proportion of LEP individuals that and a telephonic interpretation service. Each is provided depends on the three factors speak a particular language is encountered. person receives at least an oral explanation other than importance. If, for example, there Vital documents in this context could of the rights, rules, and opportunities. These are many LEP prisoners speaking a particular include, for instance: probation/parole actions constitute strong evidence of language in the prison system, the class department descriptions and grievance compliance. could be provided in that language for those procedures, offender rights information, the A department of corrections that receives inmates. If there were far fewer LEP prisoners pre-sentence/release investigation report, federal financial assistance determines that, speaking a particular language, the prison notices of alleged violations, sentencing/ even though the state in which it resides has might still need to ensure access to this release orders, including conditions of a law declaring English the official language, prerequisite because of the importance of parole, and victim impact statement it should still ensure that LEP prisoners early release opportunities. Options include, questionnaires. understand the rules, rights, and for example, use of bilingual teachers, opportunities and have meaningful access to contract interpreters, or community C. Other Types of Recipients important information and services at the volunteers to interpret during the class, DOJ provides federal financial assistance to state prisons. Despite the state’s official reliance on videos or written explanations in many other types of entities and programs, English law, the Title VI regulations apply to a language the inmate understands, and/or including, for example, courts, juvenile the department of corrections. modification of the requirements of the class justice programs, shelters for victims of c. Disciplinary Action to meet the LEP individual’s ability to domestic violence, and domestic violence When a prisoner who is LEP is the subject understand and communicate. prevention programs. The Title VI of disciplinary action, the prison, where f. ESL Classes regulations and this Guidance apply to those entities. Examples involving some of those appropriate, should provide language States often mandate English-as-a-Second recipients follow: assistance. That assistance should ensure that language (ESL) classes for LEP inmates. the LEP prisoner had adequate notice of the Nothing in this Guidance indicates how 1. Courts rule in question and is meaningfully able to recipients should address such mandates. Application of the four-factor analysis understand and participate in the process ESL courses can serve as an important part requires recipient courts to ensure that LEP afforded prisoners under those of a proper LEP plan in prisons because, as parties and witnesses receive competent circumstances. As noted previously, fellow prisoners gain proficiency in English, fewer language services, consistent with the four- inmates should generally not serve as language services are needed. However, the factor analysis. At a minimum, every effort interpreters in disciplinary hearings. fact that ESL classes are provided does not should be taken to ensure competent necessarily obviate the need to provide d. Health and Safety interpretation for LEP individuals during all meaningful access for prisoners who are not hearings, trials, and motions during which Prisons providing health services should yet English proficient. refer to Department of Health and Humans the LEP individual must and/or may be Services’ guidance 4 regarding health care g. Community Corrections present. When a recipient court appoints an providers’ Title VI and Title VI regulatory This guidance also applies to community attorney to represent an LEP defendant, the obligations, as well as with this Guidance. corrections programs that receive, directly or court should ensure that either the attorney Health care services are obviously indirectly, federal financial assistance. For is proficient in the LEP person’s language or extremely important. How access to those them, the most frequent contact with LEP that a competent interpreter is provided services is provided depends upon the four- individuals will be with an offender, a during consultations between the attorney factor analysis. If, for instance, a prison victim, or the family members of either, but and the LEP person. serves a high proportion of LEP individuals may also include witnesses and community Many states have created or adopted members in the area in which a crime was certification procedures for court 4 A copy of that guidance can be found on the committed. interpreters. This is one way for recipients to HHS Web site at http://www.hhs.gov/ocr/lep/ and at As with other recipient activities, ensure competency of interpreters. Where http://www.usdoj.gov/crt/cor. community corrections programs should certification is available, courts should
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consider carefully the qualifications of methods should be used to determine the interpreter. The judges also clarify the role of interpreters who are not certified. Courts will competency of interpreters for the court’s the interpreter to the witness and the not, however, always be able to find a purposes. attorneys. These actions constitute strong certified interpreter, particularly for less Example: A witness in a county court in a evidence of compliance. frequently encountered languages. large city speaks Urdu and not English. The Just as corrections recipients must take Example: A state court receiving DOJ jurisdiction has no court interpreter care to ensure that eligible LEP individuals federal financial assistance has frequent certification testing for Urdu language have the opportunity to reduce the term of contact with LEP individuals as parties and interpreters because very few LEP their sentence to the same extent that non- witnesses, but has experienced a shortage in individuals encountered speak Urdu and LEP individuals do, courts should ensure certified interpreters in the range of there is no such test available through other that LEP persons have access to programs languages encountered. State court officials states or organizations. However, a non- that would give them the equal opportunity work with training and testing consultants to certified interpreter is available and has been to avoid serving a sentence at all. broaden the number of certified interpreters given the standard English-language test on Example: An LEP defendant should be available in the top several languages spoken court processes and interpreter ethics. The given the same access to alternatives to by LEP individuals in the state. Because judge brings in a second, independent, sentencing, such as anger management and resources are scarce and the development of bilingual Urdu-speaking person from a local alcohol abuse counseling, as is given to non- tests expensive, state court officials decide to university, and asks the prospective LEP persons in the same circumstances. partner with other states that have already interpreter to interpret the judge’s Courts have significant contact with the established agreements to share proficiency conversation with the second individual. The public outside of the courtroom. Providing tests and to develop new ones together. The judge then asks the second Urdu speaker a meaningful access to the legal process for state court officials also look to other existing series of questions designed to determine LEP individuals might require more than just state plans for examples of: codes of whether the interpreter accurately providing interpreters in the courtroom. professional conduct for interpreters; interpreted their conversation. Given the Recipient courts should assess the need for mandatory orientation and basic training for infrequent contact, the low number and language services all along the process, interpreters; interpreter proficiency tests in proportion of Urdu LEP individuals in the particularly in areas with high numbers of Spanish and Vietnamese language area, and the high cost of providing unrepresented individuals, such as family, interpretation; a written test in English for certification tests for Urdu interpreters, this landlord-tenant, traffic, and small claims interpreters in all languages covering ‘‘second check’’ solution may be one courts. professional responsibility, basic legal term appropriate way of ensuring meaningful Example: Only twenty thousand people definitions, court procedures, etc. They are access to the LEP individual. live in a rural county. The county superior considering working with other states to Example: In order to minimize the court receives DOJ funds but does not have expand testing certification programs in necessity of the type of intense judicial a budget comparable to that of a more- coming years to include several other most intervention on the issue of quality noted in populous urbanized county in the state. Over frequently encountered languages. These the previous example, the court 1000 LEP Hispanic immigrants have settled actions constitute strong evidence of administrators in a jurisdiction, working in the rural county. The urbanized county compliance. closely with interpreter and translator also has more than 1000 LEP Hispanic Many individuals, while able to associations, the bar, judges, and community immigrants. Both counties have ‘‘how to’’ communicate in English to some extent, are groups, have developed and disseminated a materials in English helping unrepresented still LEP insofar as ability to understand the stringent set of qualifications for court individuals negotiate the family court terms and precise language of the courtroom. interpreters. The state has adopted a processes and providing information for Courts should consider carefully whether a certification test in several languages. A victims of domestic violence. The urban person will be able to understand and questionnaire and qualifications process county has taken the lead in developing communicate effectively in the stressful role helps identify qualified interpreters even Spanish-language translations of materials of a witness or party and in situations where when certified interpreters are not available that would explain the process. The rural knowledge of language subtleties and/or to meet a particular language need. Thus, the county modifies these slightly with the technical terms and concepts are involved or court administrators create a pool from assistance of family law and domestic where key determinations are made based on which judges and attorneys can choose. A violence advocates serving the Hispanic credibility. team of court personnel, judges, interpreters, community, and thereby benefits from the Example: Judges in a county court and others have developed a recommended work of the urban county. Creative solutions, receiving federal financial assistance have interpreter oath and a set of frequently asked such as sharing resources across jurisdictions adopted a voir dire for determining a witness’ questions and answers regarding court and working with local bar associations and need for an interpreter. The voir dire avoids interpreting that have been provided to community groups, can help overcome questions that could be answered with ‘‘yes’’ judges and clerks. The frequently asked serious financial concerns in areas with few or ‘‘no.’’ It includes questions about comfort questions include information regarding the resources. level in English, and questions that require use of team interpreters, breaks, the types of There may be some instances in which the active responses, such as: ‘‘How did you interpreting (consecutive, simultaneous, four-factor analysis of a particular portion of come to court today?’’ etc. The judges also summary, and sight translations) and the a recipient’s program leads to the conclusion ask the witness more complicated conceptual professional standards for use of each one, that language services are not currently questions to determine the extent of the and suggested questions for determining required. For instance, the four-factor person’s proficiency in English. These whether an LEP witness is effectively able to analysis may not necessarily require that a actions constitute strong evidence of communicate through the interpreter. purely voluntary tour of a ceremonial compliance. Information sessions on the use of courtroom be given in languages other than Example: A court encounters a domestic interpreters are provided for judges and English by courtroom personnel, because the violence victim who is LEP. Even though the clerks. These actions constitute strong relative importance may not warrant such court is located in a state where English has evidence of compliance. services given an application of the other been declared the official language, it Another key to successful use of factors. However, a court may decide to employs a competent interpreter to ensure interpreters in the courtroom is to ensure that provide such tours in languages other than meaningful access. Despite the state’s official everyone in the process understands the role English given demographics and court English law, the Title VI regulations apply to of the interpreter. preferences. Because the analysis is fact- the court. Example: Judges in a recipient court dependent, the same conclusion may not be When courts experience low numbers or administer a standard oath to each interpreter appropriate with respect to all tours. proportions of LEP individuals from a and make a statement to the jury that the role Just as with police departments, courts particular language group and infrequent of the interpreter is to interpret, verbatim, the and/or particular divisions within courts may contact with that language group, creation of questions posed to the witness and the have more contact with LEP individuals than a new certification test for interpreters may witness’ response. The jury should focus on an assessment of the general population be overly burdensome. In such cases, other the words, not the non-verbals, of the would indicate. Recipients should consider
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that higher contact level when determining four-factor analysis. For instance, a shelter party to this venture. Also, Lomold the number or proportion of LEP individuals for victims of domestic violence serving a Ventures Ltd., Paarl, South Africa has in the contact population and the frequency largely Hispanic area in which many people been dropped as a party to this venture. of such contact. are LEP should strongly consider accessing No other changes have been made in Example: A county has very few residents qualified bilingual counselors, staff, and either the membership or planned who are LEP. However, many Vietnamese- volunteers, whereas a shelter that has speaking LEP motorists go through a major experienced almost no encounters with LEP activity of the group research project. freeway running through the county, which persons and serves an area with very few LEP Membership in this group research connects two areas with high populations of persons may only reasonably need access to project remains open, and ALABC Vietnamese speaking LEP individuals. As a a telephonic interpretation service. intends to file additional written result, the Traffic Division of the county Experience, program modifications, and notification disclosing all changes in court processes a large number of LEP demographic changes may require membership. persons, but it has taken no steps to train modifications to the mix over time. On June 15, 1992, ALABC field its staff or provide forms or other language Example: A shelter for victims of domestic original notification pursuant to section access in that Division because of the small violence is operated by a recipient of DOJ 6(a) of the Act. The Department of funds and located in an area where 15 number of LEP individuals in the county. Justice published a notice in the Federal The Division should assess the number and percent of the women in the service area proportion of LEP individuals processed by speak Spanish and are LEP. Seven percent of Register pursuant to Section 6(b) of the the Division and the frequency of such the women in the service area speak various Act on July 29, 1992 (57 FR 33522). contact. With those numbers high, the Traffic Chinese dialects and are LEP. The shelter The last notification was filed with Division may find that it needs to provide uses community volunteers to help translate the Department on September 28, 2001. key forms or instructions in Vietnamese. It vital outreach materials into Chinese (which A notice was published in the Federal may also find, from talking with community is one written language despite many Register pursuant to section 6(b) of the groups, that many older Vietnamese LEP dialects) and Spanish. The shelter hotline has Act on January 23, 2002 (67 FR 3236). individuals do not read Vietnamese well, and a menu providing key information, such as that it should provide oral language services location, in English, Spanish, and two of the Constance K. Robinson, as well. The court may already have most common Chinese dialects. Calls for Director of Operations, Antitrust Division. immediate assistance are handled by the Vietnamese-speaking staff competent in [FR Doc. 02–9402 Filed 4–17–02; 8:45 am] bilingual staff. The shelter has one counselor interpreting in a different section of the BILLING CODE 4410–11–M court; it may decide to hire a Vietnamese- and several volunteers fluent in Spanish and speaking employee who is competent in the English. Some volunteers are fluent in different Chinese dialects and in English. The skill of interpreting; or it may decide that a DEPARTMENT OF JUSTICE telephonic interpretation service suffices. shelter works with community groups to access interpreters in the several Chinese 2. Juvenile Justice Programs dialects that they encounter. Shelter staff Antitrust Division DOJ provides funds to many juvenile train the community volunteers in the justice programs to which this Guidance sensitivities of domestic violence intake and Notice Pursuant to the National applies. Recipients should consider LEP counseling. Volunteers sign confidentiality Cooperative Research and Production parents when minor children encounter the agreements. The shelter is looking for a grant Act of 1993—Aerospace Vehicle legal system. Absent an emergency, to increase its language capabilities despite Systems Institute (‘‘AVSI’’) recipients are strongly discouraged from its tiny budget. These actions constitute Cooperative using children as interpreters for LEP strong evidence of compliance. Notice is hereby given that, on March parents. [FR Doc. 02–9461 Filed 4–17–02; 8:45 am] Example: A county coordinator for an anti- 14, 2002, pursuant to section 6(a) of the gang program operated by a DOJ recipient has BILLING CODE 4410–13–P National Cooperative Research and noticed that increasing numbers of gangs Production Act of 1993, 15 U.S.C. 4301 have formed comprised primarily of LEP et seg. (‘‘the Act’’), the Aerospace individuals speaking a particular foreign DEPARTMENT OF JUSTICE Vehicle Systems Institute (‘‘AVSI’’) language. The coordinator may choose to Cooperative has filed written Antitrust Division assess the number of LEP youths at risk of notifications simultaneously with the involvement in these gangs, so that she can determine whether the program should hire Notice Pursuant to the National Attorney General and the Federal trade a counselor who is bilingual in the particular Cooperative Research and Production Commission disclosing changes in its language and English, or provide other types Act of 1993—Advanced Lead-Acid membership and production status. The of language services to the LEP youths. Battery Consortium notifications were filed for the purpose When applying the four factors, recipients of extending the Act’s provisions encountering juveniles should take into Notice is hereby given that, on March limiting the recovery of antitrust account that certain programs or activities 21, 2002, pursuant to section 6(a) of the plaintiffs to actual damages under may be even more critical and difficult to National Cooperative Research and specified circumstances. Specifically, access for juveniles than they would be for Production Act of 1993, 15 U.S.C. 4301 Parker Hannifin Corporation, acting adults. For instance, although an adult et seq. (‘‘the Act’’), Advanced Lead-Acid detainee may need some language services to through its Parker Aerospace Division, access family members, a juvenile being Battery Consortium (‘‘ALABC’’) has Irvine, CA and Hamilton Sunstrand, detained on immigration-related charges who filed written notifications acting through its Hamilton Sundstrand is held by a recipient may need more simultaneously with the Attorney Aerospace Division, Rockford, IL have language services in order to have access to General and the Federal Trade been dropped as parties to this venture. his or her parents. Commission disclosing changes in its Furthermore, the AVSI Cooperative 3. Domestic Violence Prevention/Treatment membership status. The notifications intends to undertake the following joint Programs were filed for the purpose of extending research projects: the Act’s provisions limiting the ‘‘Requirements Development for Web- Several domestic violence prevention and treatment programs receive DOJ financial recovery of antitrust plaintiffs to actual Based Technical Publications’’—To assistance and thus must apply this Guidance damages under specified circumstances. investigate how structured information to their programs and activities. As with all Specifically, Harbon Conslight Storage management technology can facilitate other recipients, the mix of services needed Battery MFG Co., Ltd., Harbin, Peopole’s the creation and dissemination of should be determined after conducting the Republic of China has been added as a technical and maintenance
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documentation throughout the life cycle National Cooperative Research and United Kingdom; Oil and Natural Gas of an aerospace vehicle system or Production Act of 1993, 15 U.S.C. 4301 Corporation Ltd., Dehra Dun, India; and component. et seq. (‘‘the Act’’), J. Consortium, Inc. Flare Consultants Limited, Marlow, ‘‘Mitigating Radiation Effects on has filed written notifications United Kingdom have been added as Current and Future Avionics simultaneously with the Attorney parties to this venture. Systems’’—To develop a set of General and the Federal Trade No other changes have been made in guidelines to mitigate atmospheric Commission disclosing changes in its either the membership or planned radiation effects on current and future membership status. The notifications activity of the group research project. aircraft avionics systems and electronics were filed for the purpose of extending Membership in this group research devices. the Act’s provisions limiting the project remains open, and ‘‘Methods to Account for Accelerated recovery of antitrust plaintiffs to actual Petrotechnical Open Software Semiconductor Device Wear Out’’—To damages under specified circumstances. Corporation (‘‘POSC’’) intends to file develop methods to evaluate Specifically, FINREAD, Paris, France; additional written notification mechanisms and accommodate the and Ken’ichi Hasimoto (individual disclosing all changes in membership. effects of accelerated semiconduct member), Tokyo, Japan have been added On January 14, 1991, Petrotechnical device wear out on avionics system as parties to this venture. Also, Markus Open Software Corporation (‘‘POSC’’) design, production and support. This Dommann, Zurich, Switzerland has filed its original notification pursuant to also includes developing methods to been dropped as a party to this venture. section 6(a) of the Act. The Department account for shorter lifetimes in avionics No other changes have been made in of Justice published a notice in the system safety and reliability analysis. either the membership or planned Federal Register pursuant to section ‘‘Thermal Management of COTS activity of the group research project. 6(b) of the Act on February 7, 1991 (56 Based Avionics’’—To investigate Membership in this group research FR 5021). methods to determine and satisfy project remains open, and J Consortium, The last notification was filed with thermal management requirements for Inc. intends to file additional written the Department on February 23, 2000. A avionics systems using current and notification disclosing all changes in notice was published in the Federal future commercial off the shelf membership. Register pursuant to section 6(b) of the components and assemblies. This On August 9, 1999, J Consortium, Inc. Act on March 8, 2001 (66 FR 13971). includes investigating new cooling filed its original notification pursuant to techniques using both analytical and section 6(a) of the Act. The Department Constance K. Robinson, experimental methods to evaluate of Justice published a notice in the Director of Operations, Antitrust Division. tradeoffs between functional and Federal Register pursuant to section [FR Doc. 02–9400 Filed 4–17–02; 8:45 am] environmental control system 6(b) of the Act on March 21, 2000 (65 BILLING CODE 4410–11–M requirements. FR 15175). No other changes have been made in The last notification was filed with either the membership or planned the Department on January 30, 2002. A DEPARTMENT OF JUSTICE activity of the group research project. notice was published in the Federal Immigration and Naturalization Service Membership in this group research Register pursuant to section 6(b) of the project remains open, and the AVSI Act on March 8, 2002 (67 FR 10760). Agency Information Collection Cooperative intends to file additional Constance K. Robinson, Activities: Proposed Collection; written notification disclosing all Director of Operations, Antitrust Division. Comment Request changes in membership. [FR Doc. 02–9399 Filed 4–17–02; 8:45 am] On November 18, 1998, the AVSI ACTION: 60-day notice of information Cooperative filed its original BILLING CODE 4410–11–M collection under review; Registration for notification pursuant to section 6(a) of classification as refugee; Form I–590. the Act. The Department of Justice DEPARTMENT OF JUSTICE published a notice in the Federal The Department of Justice, Register pursuant to section 6(b) of the Antitrust Division Immigration and Naturalization Service Act on February 18, 1999 (64 FR 8123). has submitted the following information The last notification was filed with Notice Pursuant to the National collection request for review and the Department on June 18, 2001. A Cooperative Research and Production clearance in accordance with the notice was published in the Federal Act of 1993—Petrotechnical Open Paperwork Reduction Act of 1995. The Register pursuant to section 6(b) of the Software Corporation (‘‘POSC’’) proposed information collection is Act on August 10, 2001 (66 FR 42237). published to obtain comments from the Notice is hereby given that, on March public and affected agencies. Comments Constance K. Robinson, 14, 2002, pursuant to section 6(a) of the are encouraged and will be accepted for Director of Operations, Antitrust Division. National Cooperative Research and sixty days until June 17, 2002. [FR Doc. 02–9401 Filed 4–17–02; 8:45 am] Production Act of 1993, 15 U.S.C. 4301 Written comments and suggestions BILLING CODE 4410–11–M et seq. (‘‘the Act’’), Petrotechnical Open from the public and affected agencies Software Corporation (‘‘POSC’’) has concerning the proposed collection of filed written notifications information should address one or more DEPARTMENT OF JUSTICE simultaneously with the Attorney of the following four points: General and the Federal Trade (1) Evaluate whether the proposed Antitrust Division Commission disclosing changes in its collection of information is necessary Notice Pursuant to the National membership status. The notifications for the proper performance of the Cooperative Research and Production were filed for the purpose of extending functions of the agency, including Act of 1993—J Consortium, Inc. the Act’s provisions limiting the whether the information will have recovery of antitrust plaintiffs to actual practical utility; Notice is hereby given that, on March damages under specified circumstances. (2) Evaluate the accuracy of the 11, 2002, pursuant to section 6(a) of the Specifically, SDC Geologix, Norwich, agencies estimate of the burden of the
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proposed collection of information, Street, NW., Suite 1600, Washington, (2) Title of the Form/Collection: including the validity of the DC 20530. Sworn Statement of Refugee Applying methodology and assumptions used; Dated: April 12, 2002. for Admission into the United States. (3) Agency form number, if any, and (3) Enhance the quality, utility, and Richard A. Sloan, clarity of the information to be the applicable component sponsoring Department Clearance Officer, United States the collection: Form G–646. Office of collected; and Department of Justice, Immigration and (4) Minimize the burden of the Naturalization Service. International Affairs, Immigration and Naturalization Service. collection of information on those who [FR Doc. 02–9487 Filed 4–17–02; 8:45 am] are to respond, including through the (4) Affected public who will be asked BILLING CODE 4410–10–M use of appropriate automated, or required to respond, as well as a brief electronic, mechanical, or other abstract: Primary: Individuals or households. This form provides the technological collection techniques or DEPARTMENT OF JUSTICE other forms of information technology, grounds of admissibility to the United e.g., permitting electronic submission of Immigration and Naturalization Service States as they apply to refugees. The responses. information collected allows INS to Overview of this information Agency Information Collection make admissibility determinations for collection: Activities Proposed Collection; refugees. (1) Type of Information Collection: Comment Request (5) An estimate of the total number of Extension of a currently approved respondents and the amount of time ACTION: 60-day notice of information collection. estimated for an average respondent to collection under review; Sworn (2) Title of the Form/Collection: respond: 75,000 responses at 30 minutes statement of refugee applying for Registration for Classification as (.50 hours) per response. admission to the United States; Form G– Refugee. (6) An estimate of the total public 646. (3) Agency form number, if any, and burden (in hours) associated with the the applicable component of the The Department of Justice, collection: 37,500 annual burden hours. If you have additional comments, Department of Justice sponsoring the Immigration and Naturalization Service suggestions, or need a copy of the collection: Form I–590. Office of has submitted the following information proposed information collection International Affairs, Immigration and collection request for review and instrument with instructions, or Naturalization Service. clearance in accordance with the additional information, please contact (4) Affected Public who will be asked Paperwork Reduction Act of 1995. The Richard A. Sloan 202–514–3291, or required to respond, as well as a brief proposed information collection is Director, Regulations and Forms abstract: Primary: Individuals or published to obtain comments from the Services Division, Immigration and Households. This information collection public and affected agencies. Comments Naturalization Service, U.S. Department provides a uniform method for are encouraged and will be accepted for of Justice, Room 4034, 425 I Street, NW., applicants to apply for refugee status sixty days until June 17, 2002. Washington, DC 20536. Additionally, and contains the information needed in Written comments and suggestions comments and/or suggestion regarding order to adjudicate such applications. from the public and affected agencies concerning the proposed collection of the item(s) contained in this notice, (5) An estimate of the total number of especially regarding the estimated respondents and the amount of time information should address one or more of the following four points: public burden and associated response estimated for an average respondent to time may also be directed to Mr. respond: 140,000 responses at 35 (.583) (1) Evaluate whether the proposed collection of information is necessary Richard A. Sloan. Minutes per response. If additional information is required (6) An estimate of the total public for the proper performance of the functions of the agency, including contact Mr. Robert B. Briggs, Clearance burden (in hours) associated with the Officer, U.S. Department of Justice, collection: 81,620 annual burden hours. whether the information will have practical utility; Information Management and Security If you have additional comments, Staff, Justice Management Division, 601 suggestions, or need a copy of the (2) Evaluate the accuracy of the agency’s estimate of the burden of the D Street, NW., Patrick Henry Building, proposed information collection Suite 1600, Washington, DC 20530. instrument with instructions, or proposed collection of information, additional information, please contact including the validity of the Dated: April 12, 2002. Richard A. Sloan 202–514–3291, methodology and assumptions used; Richard A. Sloan, Director, Regulations and Forms (3) Enhance the quality, utility, and Department Clearance Officer, United States Services Division, Immigration and clarity of the information to be Department of Justice, Immigration and Naturalization Service, U.S. Department collected; and Naturalization Service. of Justice, Room 4304, 425 I Street, NW., (4) Minimize the burden of the [FR Doc. 02–9488 Filed 4–17–02; 8:45 am] Washington, DC 20536. Additionally, collection of information on those who BILLING CODE 4410–10–M comments and/or suggestions regarding are to respond, including through the the item(s) contained in this notice, use of appropriate automated, especially regarding the estimated electronic, mechanical, or other DEPARTMENT OF JUSTICE technological collection techniques or public burden and associated response Immigration and Naturalization Service time may also be directed to Mr. other forms of information technology, Richard A. Sloan. e.g., permitting electronic submission of Agency Information Collection If additional information is required responses. Activities: Proposed Collection; contact: Mr. Robert B. Briggs, Clearance Overview of this information Comment Request Officer, United States Department of collection: Justice, Information Management and (1) Type of Information Collection: ACTION: 30-day notice of information Security Staff, Justice Management Extension of a currently approved collection under review: Fax request Division, Patrick Henry Building, 601 D information collection. form from benefit agency to INS for
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confirmation of status of I–130 and fax INS for Confirmation of Status of I–130 DEPARTMENT OF LABOR request form from benefit agency to and Fax Request Form from Benefit EOIR for confirmation of status. Agency to EOIR for Confirmation of Office of the Secretary Status. The Department of Justice, Combating Child Trafficking in Togo Immigration and Naturalization Service (3) Agency form number, if any, and Through Education (INS) has submitted the following the applicable component of the AGENCY: Bureau of International Labor information collection request to the Department of Justice sponsoring the Affairs, Department of Labor. Office of Management and Budget collection: No Agency Form Number (OMB) for review and clearance in (File No. OMB–14). Adjudications ACTION: Notice of availability of funds accordance with the Paperwork Division, Immigration and and solicitation for cooperative Reduction Act of 1995. The information Naturalization Service. agreement applications (SGA 02–03). collection was previously published in (4) Affected public will be asked or This notice contains all of the the Federal Register on February 7, required to respond, as well as a brief necessary information and forms needed 2002 at 67 FR 5852, allowing for a 60- abstract: Primary: State, Local or Tribal to apply for cooperative agreement day public comment period. No Governments. The data collected on funding. comments were received by the INS on these fax request sheets will be used by SUMMARY: The U.S. Department of Labor this proposed information collection. the INS and EOIR to determine (USDOL), Bureau of International Labor The purpose of this notice is to allow eligibility for immigration benefits. The Affairs (ILAB), will award up to US$2 an additional 30 days for public fax request sheets permit the INS and million to an organization or comments. Comments are encouraged EOIR to share information with state organizations to develop and implement and will be accepted until May 20, and federal benefit granting agencies, formal, non-formal and vocational 2002. This process is conducted in making determinations relating to education programs as a means to accordance with 5 CFR 1320.10. battered aliens for whom and I–130 combat the trafficking of children in Written comments and/or suggestions petition has been filed, or who have Togo. The education programs will regarding the items contained in this made a prima facie case for status. complement existing USDOL and other notice, especially regarding the (5) An estimate of the total number of agencies’ programs in Togo that combat estimated burden and associated child trafficking and promote education. response time, should be directed to the respondents and the amount of time estimated for an average respondent to ILAB is seeking applications from Office of Management and Budget, qualified organizations for the purpose Office of Information and Regulatory respond: 12,000 responses at 20 minutes (.333 hours) per response. of implementing a program to promote Affairs, Attention: Department of Justice school attendance and provide Desk Officer, Room 10235, Washington, (6) An estimate of the total public educational opportunities for victims of DC 20530; 202–395–7316. burden (in hours) associated with the child trafficking and children at risk of Written comments and suggestions collection: 3996 annual burden hours. being trafficked. The program will from the public and affected agencies If you have additional comments, include components in raising concerning the proposed collection of suggestions, or need a copy of the awareness of trafficking and of the information should address one or more proposed information collection importance of education; strengthening of the following four points: instrument with instructions, or transitional centers that receive children (1) Evaluate whether the proposed additional information, please contact returned from trafficking; promoting collection of information is necessary Richard A. Sloan 202–514–3291, children’s academic integration into for the proper performance of the Director, Regulations and Forms transitional and formal basic and functions of the agency, including Services Division, Immigration and vocational education programs; whether the information will have Naturalization Service, U.S. Department supporting preventive measures to practical utility; of Justice, Room 4034, 425 I Street NW., increase school retention of children (2) Evaluate the accuracy of the Washington, DC 20536. Additionally, vulnerable to trafficking; strengthening agencies estimate of the burden of the institutions and policies to reduce proposed collection of information, comments and/or suggestions regarding trafficking and promote school including the validity of the the item(s) contained in this notice, attendance; and promoting the methodology and assumptions used; especially regarding the estimated (3) Enhance the quality, utility, and public burden and associated response sustainability of program interventions. clarity of the information to be time may also be directed to Mr. DATES: The closing date for receipt of collected; and Richard A. Sloan. applications is June 3, 2002. (4) Minimize the burden of the If additional information is required Applications must be received by 4:45 collection of information on those who contact: Mr. Robert B. Briggs, Clearance p.m. (Eastern Time) at the address are to respond, including through the Officer, United States Department of below. No exceptions to the mailing, use of appropriate automated, Justice, Information Management and delivery, and hand-delivery conditions electronic, mechanical, or other Security Staff, Justice Management set forth in this notice will be granted. technological collection techniques or Division, Patrick Henry Building, 601 D Applications that do not meet the other forms of information technology, Street, NW., Suite 1600, Washington, conditions set forth in this notice will e.g., permitting electronic submission of DC 20530. not be honored. Telegram, telefacsimile responses. (FAX), and e-mail applications will not Dated: April 12, 2002. Overview of this information be honored. collection: Richard A. Sloan, ADDRESSES: Application forms will not (1) Type of Information Collection: Department Clearance Officer, United States be mailed. They are published in this Extension of a currently approved Department of Justice, Immigration and Federal Register Notice, and in the collection. Naturalization Service. Federal Register which may be obtained (2) Title of the Form/Collection: Fax [FR Doc. 02–9489 Filed 4–17–02; 8:45 am] from your nearest U.S. Government Request Form from Benefit Agency to BILLING CODE 4410–10–M office or public library or online at
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http://www.nara.gov/fedreg/ and 14 in developing countries, about and Central Africa, as described in nfpubs.html. half of whom work full-time. Children Appendix D. Applications must be delivered to: who are trafficked are among the most In USDOL’s FY 2001 appropriations, U.S. Department of Labor, Procurement exploited, and qualify as victims of the in addition to US $45 million in funds Services Center, 200 Constitution worst forms of child labor equivalent to earmarked for ILO/IPEC, the Department Avenue, NW., Room N–5416, Attention: slavery under ILO Convention 182 on received US $37 million for a Child Lisa Harvey, Reference: SGA 02–03, the Worst Forms of Child Labor. Labor Education Initiative that will fund Washington, DC 20210. Applications Trafficked children who work full-time programs that increase access to quality, sent by e-mail, telegram, or facsimile are generally unable to attend school. basic education in areas with a high (FAX) will not be accepted. Furthermore, children who are incidence of abusive and exploitative Applications sent by other delivery trafficked have often dropped out of child labor. The cooperative services, such as Federal Express, UPS, school early or have never attended agreement(s) awarded under this etc., will be accepted; however, the school at all. solicitation will be funded by this new applicant bears the responsibility for The existence of child labor and the initiative. timely submission. trafficking of children for exploitative USDOL’s Child Labor Education FOR FURTHER INFORMATION CONTACT: Lisa employment have many implications for Initiative nurtures the development, Harvey. E-mail address: havey- a country. In source communities from health, safety and enhanced future [email protected]. All applicants are advised which children are trafficked, sending a employability of children around the that U.S. mail delivery in the child to be employed far from home world by increasing access to basic Washington, DC area has been slow and influences others to do likewise. The education for children removed from erratic due to the recent concerns negative effects of trafficking include child labor or at risk of entering it. Child involving anthrax contamination. All poorly educated children with low labor elimination will depend in part on applicants must take this into skills who return to their communities improving access to, quality of, and consideration when preparing to meet traumatized, in ill health (e.g., HIV/ relevance of education. Without the application deadline. It is AIDS, sexually transmitted diseases, improving educational quality and recommended that you confirm receipt drug addiction), and susceptible to relevance, children withdrawn from of your application by contacting Lisa premature death. It is often challenging child labor may not have viable Harvey, U.S. Department of Labor, to reintegrate these children into alternatives and could resort to other Procurement Services Center, telephone communities that are already resource- forms of hazardous work. (202) 693–4570 (this is not a toll-free poor and overburdened with social The Child Labor Education Initiative number), prior to the closing deadline. problems. Contrary to the belief that has the following four goals: All inquiries should reference SGA 02– migration of children is a solution to 1. Raise awareness of the importance 03. poverty, it often reproduces it and leads of education for all children and SUPPLEMENTARY INFORMATION: The U.S. to other social problems. mobilize a wide array of actors to Department of Labor (USDOL), Bureau It is important to undertake education improve and expand education of International Labor Affairs (ILAB), initiatives for child laborers and their at- infrastructures; announces the availability of funds to be risk siblings, and particularly for 2. Strengthen formal and transitional granted by cooperative agreement to one children who are victims of or education systems that encourage or more qualifying organizations for the susceptible to trafficking, because their working children and those at risk of lack of schooling hinders their personal purpose of promoting school attendance working to attend school; development, as well as that of a and combating child trafficking in Togo. 3. Strengthen national institutions modern workforce, overall labor market The cooperative agreement will be and policies on education and child reform, poverty reduction and social actively managed by ILAB’s labor; and progress. Education is a key investment 4. Ensure the long-term sustainability International Child Labor Program that has been linked to the acceleration of these efforts. (ICLP), to assure achievement of the of a nation’s productivity and stated goals. Applicants are encouraged B. Child Labor and Trafficking in Togo socioeconomic development. Poorly to be creative in proposing cost-effective educated workers tend to earn less, live Child labor and trafficking in Togo interventions that will have a in poverty, and may in turn send their can be understood in terms of the social, demonstrable impact in promoting own children to work at a young age. political and economic developments school attendance by Togolese children Consequently, it is important to keep that have taken place in Togo in the last who have been victims of trafficking or children in educational settings instead decade. In the early 1990s, Togo at risk of being trafficked. of in workplaces. Further, keeping experienced a period of political turmoil I. Background and Program Scope children in school protects them from and economic contraction. According to the abuses of trafficking. the World Bank, per capita income is A. USDOL Support to the Global Since 1995 and as mandated by the estimated to have fallen by 28% Elimination of Child Labor/Child U.S. Congress, USDOL has supported a between 1990 and 1993. In 1993, Trafficking and Expanding Access to worldwide technical assistance program government revenues fell to a mere 10% Education implemented by the International Labor of GDP, causing a sharp decline in the In 2001, press reports from West Organization’s International Program on provision of social services. Africa brought the issue of child the Elimination of Child Labor (ILO/ Further, political instability resulting trafficking to the world’s attention by IPEC). USDOL contributions to date to from the controversial 1993 presidential detailing the voyage of the ship Etireno, ILO/IPEC have amounted to over $112 elections led to a sharp fall in the flow which was reputedly carrying children million, making the United States the of foreign aid to the country. In response being trafficked between countries for program’s largest donor and the leader to the crises, Togo launched a purposes of employment. The in global efforts to combat child labor. comprehensive adjustment program in International Labor Organization (ILO) USDOL has supported ILO/IPEC 1994 that contributed to reversing the estimates that there are 250 million projects that target child trafficking in economic deterioration. However, a working children between the ages of 5 various countries, including in West disputed presidential election and an
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energy crisis in 1998 contributed to about what takes place in trokosi, many children are being trafficked or another sharp economic decline. Since although it is reported that these girls involved in child labor in Togo. The then, the political, social and economic are not allowed to attend school. identification of the numbers of situation has continued to deteriorate, Although the causes of child labor children entering or vulnerable to and poverty has been on the rise. and trafficking in specific areas of Togo trafficking and child labor is linked to One result of the increase in poverty are not yet systematically documented, the number of children in an age cohort, has been an escalation in the incidence a number of contributing factors have and the number of children not in of child labor and trafficking. Adding to been identified by NGOs and school. School dropout is linked to a this issue is the inadequacy of Togo’s government organizations. Among these number of risk factors that can be education system, which underwent a are: poverty; large numbers of children identified and then quantified. But sharp deterioration in the 1990s. under 15 in a family; cultural practices getting precise figures on all of these Estimates of the magnitude of child (including polygamy); parental elements is difficult due to the lack of labor and trafficking in Togo vary illiteracy; belonging to certain ethnic universal birth registry of children, the significantly (from 140,000 to 200,000 groups; and lack of knowledge of child lack of figures on drop out rates, and for child labor), and key stakeholders rights. Girls are sometimes sent to work still embryonic attempts to categorize agree that there is a need for better data to earn money for their dowry or for fear the causes of trafficking and drop out to inform policies and programs at both that they may become pregnant if sent (risk factors) at particular locations. national and regional levels. A non- to school. Alternatively, a girl may seek There is also limited knowledge of the governmental organization (NGO) out opportunities to go abroad to work barriers to education in specific working in Togo on trafficking estimates in order to escape an early or forced locations, and of the educational that the majority of trafficked children marriage. attainment and needs of trafficked are between 9 and 13 years of age, and In some regions, land tenure also children. that 70 percent of them are girls. appears to have contributed to an Although trafficked children originate increasing incidence of child labor and 2. Limited Coordination and Weak in all parts of Togo, many children come trafficking. In Vogan, for example, the Partnerships Among Institutional Actors from the Central and Maritime regions, state phosphate company appropriated As reported by many actors in Togo, where they may initially work before land, leaving families landless. It is there is inadequate national going overseas. General consensus reported that the number of children coordination to address child trafficking among actors is that the primary sent to work has increased in order to and reintegrate children into their trafficking destinations for Togolese compensate for lost income. It is also communities of origin. Despite strong children are Gabon for girls (who often reported that children and their parents commitment to combating child work in the markets or as domestic often view education as unimportant. trafficking, there is little broad-based servants) and Nigeria for boys (who Since the labor market is not well collaborative action around trafficking engage in agricultural work). Although developed, uneducated people often and education, and there is competition precise figures are lacking, anecdotal enter into petty commerce as a lifetime for leadership among different actors in accounts indicate that girls are often occupation. both the public sector and civil society, sexually exploited while they are A number of organizations are and between the public sector and civil abroad, and that some girls return working on programs to combat child society. pregnant or with sexually transmitted trafficking in Togo. These programs Through IPEC and World Bank- diseases including HIV/AIDS. The address some of the causes of child funded projects with the Ministries of Sokode´ regional office of the Ministry of labor/trafficking and barriers to Labor and Social Affairs, there have Social Affairs also estimates that education, but are insufficient due to been attempts to begin coordinating approximately 30 percent of boys their small scale. Summaries of these direct action programs at the regional become addicted to drugs while programs are presented in Appendix E and prefecture levels. Preliminary working abroad, and that some may of this solicitation. national and regional action plans have become intermediaries for dealers in been developed in consultation with order to continue their habit after they C. Gaps in the Prevention of Trafficking different partners and can serve as a return to Togo. If verified to exist, this and Reintegration of Children Into base for building partnerships to work would be a worst form of child Education Settings in Togo improve and expand the education labor under ILO Convention 182. In spite of the number of programs infrastructure for children who are In addition to being sent overseas to already being undertaken in Togo to returned victims of trafficking or at risk work, many Togolese children are also combat trafficking, analysis by USDOL of being trafficked. It is important that trafficked within Togo. Children migrate has identified a number of gaps that USDOL’s Child Labor Education from rural to urban areas, primarily to hamper efforts to prevent trafficking and Initiative enhance collaboration Lome´ or the Maritime region, to work in provide access to education for child between both of these ministries, and houses, in the market, or in the cotton victims of trafficking. These gaps form strengthen their relationship with the industry. Girls are more visible in the the core of the problem that the scope Ministry of Education and other streets and markets, while boys often of work of this solicitation aims to ministries to address the education and work in unpaid apprenticeships; all address. supporting needs of the target children. work long hours without adequate rest. In some parts of the country, bonded 1. Lack of Data and of Information 3. Challenges to raising awareness labor occurs in the traditional practice Sharing Although several organizations have known as trokosi, whereby young girls Institutions working on child already conducted awareness raising are given to voodoo priests as trafficking in Togo lack adequate campaigns on the realities and compensation for offenses allegedly capacity to gather and share data, and consequences of trafficking among some committed, or debts incurred, by a analyze the correlation between data on audiences, for example traditional and member of the girl’s family. The U.S. education and child labor/trafficking. political leaders, it is not certain that the Embassy is currently financing a study For example, as noted above in Section message has been passed onto other on this practice because little is known I.B, there are varied estimates on how stakeholders including parents and
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children. Further, there are powerful 6. Lack of Schooling Alternatives For school attendance policy to age 15, but counter-forces to awareness-raising Older Children Togo’s Labor Code (Article 114) allows against trafficking in Togo including Whereas younger children in Togo children to begin working at age 14. In family poverty; the belief that children can be more successfully integrated into addition to inconsistencies in domestic will be better off when they leave home the formal school system, it is more laws, there are also discrepancies because they will have access to difficult for older children to return to between domestic policies and education or will gain a skill; and the school. A number of trafficked children international agreements. notion that children leaving the family may never have gone to school, and Another policy gap in Togo is the fact will earn money for a dowry, a business, older children are not likely to enroll at that trafficking of children is not or the family. Also prevalent in Togo is lower grade levels in formal schools currently considered a crime. The the belief that trafficked children who with much younger children. Without Ministry of Social Affairs has expressed return with no money, ill, or who have alternative educational opportunities a desire to develop case law and faced other unfortunate events have just that address older children’s special precedents, and to develop the capacity been unlucky. These misfortunes are not needs, they are likely to remain of Togolese lawyers to sue for damages seen to be the norm and therefore have illiterate, or semi-literate, and not be and obtain compensation for trafficked little bearing on decisions of whether able to access better employment and children. This money would then be children should leave or stay. income opportunities. used for the child’s education, and possibly for a savings account to benefit 4. High Drop Out Rates For Younger 7. Limited Follow-Up of Reintegrated the child. The issue of policy Children Children, Particularly For Girls, Who implementation of this idea is complex Are Highly Vulnerable to Trafficking Related to the lack of continuity because it involves various facets of between transitional and formal domestic and international law, and the Although precise data on dropout schooling is the limited follow-up of ability to enforce them. rates are not available, the Ministry of reintegrated children. In Togo, because In addition to gaps in policy, there is Education in Togo has observed that of lack of resources, public and private inadequate enforcement of existing rates of school retention, particularly for sector organizations that reintegrate the laws. Even if there were consistency girls, are progressively lower at each children generally do not follow up on among domestic laws, and between higher grade, beginning as early as them after about one year, and less in domestic policies and international second grade. Work is one of the major some cases. After being returned, some legal commitments, their lax reasons why children drop out of of the children may not attend school enforcement in Togo remains a serious school. Parents of boys sometimes think and may even be trafficked again. problem. that the apprenticeships or work abroad Although there are now attempts to 10. Challenges to Achieving offer a better chance for acquiring build community-based monitoring Sustainability marketable skills, while girls’ parents systems to address this problem, they perceive that their daughters do not are limited in scope and reach. Sustainability is ultimately linked to need an education since they will 8. Insufficient Community Capacity To project impact and the ability of marry, and need to collect money for Address Child Trafficking Through individuals, communities and a nation their dowry by working, either in Lome´, Education to ensure that the activities or changes implemented by a project endure. A or abroad in Gabon. Although Togo has a strong tradition project’s impacts are manifested at the of community mobilization and using 5. Lack of Continuity Between level of individuals, organizations, and Transitional and Permanent Schooling community structures for development in education and other sectors, systems. For individual children and their families this would mean a Children who return to Togo after communities have not been heavily positive and enduring change in their being trafficked generally end up at a involved in addressing the problem of child trafficking. Parent and Teacher life conditions as a result of project transition center where they receive a interventions. At the level of number of services, including health Associations (PTAs) are stronger in Togo than in many other African organizations and systems, sustained care and some schooling, prior to being impact would involve continued reunited with their parents. However, countries, and the government supports community schools. Vis-a`-vis education, commitment and ability (including there is often a gap between the financial commitment and policy temporary schooling at the transition UNICEF and other organizations have been working to develop self-help change) to continue the actions centers, and the schooling they receive generated by the project as long as they after returning to their place of origin. groups, and to use community structures (village committees) to are still needed, including enforcement Without continuity, there is a risk of develop village action plans which can of existing policies that target losing the benefits of the education subsequently be funded. Both Ministry trafficking, child labor and school received at the transition center. of Social Affairs and Ministry of Labor attendance. Further, teachers receiving the children projects funded through the World Bank In Togo, there are a number of factors at the place of origin may be and IPEC are aiming to work with that affect the ability of a project to inadequately prepared to support the community structures. However, such achieve sustainable impact at these successful reintegration of children into efforts are relatively nascent. multiple levels. At the level of school. To aid in their successful Furthermore, only a small number of individual families and children, these reintegration, teachers at both communities can currently be targeted include family poverty and the choices transitional and permanent schools due to the projects’ limited resources. made vis-a`-vis work versus school for need training to deal with the children. Sustainability will thus be tied psychosocial and special academic 9. Gaps in Policy and Enforcement to the ability to provide income needs of children victims of trafficking, There are gaps in education and child alternatives to the family to replace and to communicate and coordinate on labor policies that relate to combating income from child labor, and a change the special needs of specific children. child trafficking. Togo has a compulsory in attitudes that places education rather
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than child labor at the forefront of Labor, Procurement Services Center, 200 The only acceptable evidence to decision-making. Constitution Avenue, NW, Room N– establish the date of mailing of a late Sustainability of organizational 5416, Washington, DC 20210, not later application sent by registered or commitment to the issue is affected by than 4:45 p.m. ET, June 3, 2002. certified mail is the U.S. Postal Service the lack of resources. Inadequate Accompanying documents should also postmark on the envelope or wrapper government funding has led to lack of be in English. To aid with review of and on the original receipt from the U.S. means of transport for monitoring, long applications, USDOL also encourages Postal Service. If the postmark is not delays in paying teachers and applicants to submit two additional legible, an application received after the government cadres, and the inability to paper copies of the application (five above closing time and date shall be build schools and provide related total). Applicants who do not provide processed as if mailed late. ‘‘Postmark’’ school infrastructure and maintenance. additional copies will not be penalized. means a printed, stamped or otherwise Low donor funding is also a limiting The application must consist of two placed impression (not a postage meter factor. (2) separate parts. Part I of the machine impression) that is readily At the system level, sustainability will application must contain the Standard identifiable without further action as be adversely affected by inadequate Form (SF) 424, ‘‘Application for Federal having been applied and affixed by an policies and laws to protect children Assistance’’ (Appendix A) (The entry on employee of the U.S. Postal Service on and to allow them access to education, SF 424 for the Catalog of Federal the date of mailing. Therefore applicants as well as by the lax enforcement of Domestic Assistance Number (CFDA) is should request that the postal clerk existing policies and laws. Insufficiency 17.700) and sections A–F of the Budget place a legible hand cancellation of resources at the national level to Information Form SF 424A (Appendix ‘‘bull’s-eye’’ postmark on both the promote education and combat B). Part II must contain a technical receipt and the envelope or wrapper. trafficking also poses a threat to application that demonstrates The only acceptable evidence to sustainability. capabilities in accordance with the establish the date of mailing of a late Statement of Work and the selection application sent by U.S. Postal Service II. Authority criteria. Express Mail Next Day Service-Post ILAB is authorized to award and To be considered responsive to this Office to Addressee is the date entered administer this program by the solicitation, the application must by the Post Office receiving clerk on the Consolidated Appropriations Act, 2001, consist of the above-mentioned separate ‘‘Express Mail Next Day Service-Post Public Law 106–554, 114 Stat. 2763A– sections not to exceed 25 single-sided Office to Addressee’’ label and the 1 ″ ″ 10 (2000). (8 ⁄2 x 11 ), double-spaced, 10 to 12 postmark on the envelope or wrapper pitch typed pages. Any applications that and on the original receipt from the U.S. III. Application Process do not conform to these standards may Postal Service. ‘‘Postmark’’ has the same A. Eligible Applicants be deemed non-responsive to this meaning as defined above. Therefore, solicitation and may not be evaluated. applicants should request that the postal Any commercial, international, or Standard forms and attachments are not clerk place a legible hand cancellation non-profit organization capable of included in the page limit. Each ‘‘bull’s-eye’’ postmark on both the successfully developing and application must include a table of receipt and the envelope or wrapper. implementing education programs for contents and an abstract summarizing The only acceptable evidence to child victims of trafficking or children the application in not more than two (2) establish the time of receipt at the U.S. at risk is eligible to apply for this pages. These pages are also not included Department of Labor is the date/time cooperative agreement. Partnerships of in the page limits. stamp of the Procurement Services more than one organization are also Upon completion of negotiations, the Center on the application wrapper or eligible, and applicants are strongly individual signing the SF 424 on behalf other documentary evidence or receipt encouraged to work with organizations of the applicant must be authorized to maintained by that office. already undertaking projects in Togo, bind the applicant. Applications may be sent by e-mail, including local NGOs (see Appendix E). telegram, or facsimile (FAX) will not be The capability of an applicant or C. Acceptable Methods of Submission accepted. Applications sent by other applicants to perform necessary aspects The grant application package must delivery services, such as Federal of this solicitation will be determined be received at the designated place by Express, UPS, etc., will be accepted, under Section V.B Rating Criteria and the date and time specified or it will not however, the applicant bears the Selection. be considered. Any application received responsibility for timely submission. Please note that eligible cooperative at the Office of Procurement Services Because of delay in the receipt of mail agreement applicants must not be after 4:45 pm EST, June 3, 2002 will not in the Washington, D.C. area, it is classified under the Internal Revenue be considered unless it is received recommended that you confirm receipt Code as a 501(c)(4) entity. See 26 U.S.C. before the award is made and: of your application by contacting Lisa 501(c)(4). According to Section 18 of the 1. it was sent by registered or certified Harvey, U.S. Department of Labor, Lobbying Disclosure Act of 1995, an mail not later than the fifth calendar day Procurement Services Center, telephone organization, as described in Section before June 3, 2002; (202) 693–4570 (this is not a toll-free 501(c)(4) of the Internal Revenue Code 2. it is determined by the Government number), prior to the closing deadline. of 1986, that engages in lobbying that the late receipt was due solely to All inquiries should reference SGA 02– activities will not be eligible for the mishandling by the Government after 03. receipt of federal funds constituting an receipt at the U.S. Department of Labor award, grant, or loan. at the address indicated; or D. Funding Levels 3. it was sent by U.S. Postal Service Up to US$2 million is available for B. Submission of Applications Express Mail Next Day Service-Post this program. Although USDOL will One (1) ink-signed original, complete Office to Addressee, not later than 5 pm award only one cooperative agreement, application in English plus two (2) at the place of mailing two (2) working a partnership of more than one copies of the application must be days, excluding weekends and Federal organization may apply to implement submitted to the U.S. Department of holidays, prior to June 3, 2002. the program.
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E. Program Duration ILO/IPEC, and by the World Bank with strategy with audience segmentation The duration of the program(s) funded the Ministry of Social Affairs. The and targeted messages that raise by this SGA is four (4) years. The start Ministry of Social Affairs currently awareness and influence opinions and date of program activities will be works with 15 communities in the behavior of multiple actors including negotiated upon awarding of the Central and Maritime regions. Although parents and children, educators, cooperative agreement (hereafter project resources may be used to community leaders, and others to referred to as ‘‘grant’’). conduct jointly funded awareness promote school attendance and reduce raising campaigns, training, and trafficking. The strategy should IV. Requirements information gathering, the bulk of complement rather than duplicate A. Statement of Work project resources should be directly previous awareness raising campaigns, devoted to expanding and improving and where possible coordinate with In developing their proposals, education and support programs for future ones planned by other projects so applicants should take into account the target children. Project key personnel as to reduce duplication and mixed gaps and challenges to preventing should work closely with the ILO/ messages. trafficking, promoting school IPEC’s National Program Manager, and b. On the basis of the communications attendance, and reintegrating trafficked where warranted with staff of the strategy, conduct awareness raising children into educational settings Ministries of Labor, Education, Social campaigns to targeted audiences to outlined in Section I.C above. Affairs and Technical Education in promote school attendance and reduce Applicants should explain how the developing project interventions. Project the lure of trafficking. services provided under this grant will activities should also be coordinated c. Use communications strategy to address the gaps outlined in Section I.C. with those funded by other donors, such mobilize actors to propose solutions to They should also consider the as the World Bank. Finally, the Grantee reduce trafficking and promote school implementing environment in Togo should assure that youth with attendance. described in Section I.B and Appendix disabilities have physical and d. Through awareness raising and E, and the lessons learned from other programmatic access to programs related activities, promote the experiences in trafficking projects operated with the use of USDOL funds. development of working and task- available as background documents on- Below is a listing of specific oriented multi-sectoral partnerships at line at (http://www.ilo.org/public/ requirements to guide applicants in the the community, regional, and national english/standards/ipec/publ/childtraf/ development of responses to this levels to combat trafficking, promote trafficking.pdf), or in hard copy upon solicitation. school attendance, and improve request (see Appendix F). Overall, the applicant should propose education infrastructure in areas of high The applicants should also propose creative and innovative approaches to incidence of child trafficking. approaches and strategies to meet the improve access, quality and relevance of education needs of the identified target education for Togolese children up to 2. Strengthen Education Systems To beneficiaries in Togo—children at risk age 18 who have been victims of Promote School Attendance, Reduce of being trafficked or child victims of trafficking, or who are at risk of being Trafficking, and Reintegrate Trafficked trafficking. The approaches should trafficked. The geographical target area Children Into Education Settings support the goals of USDOL’s Child will be the Central and Maritime regions Strengthening of education systems to Labor Education Initiative (EI): (1) Raise of Togo. The exact number of address project goals will involve at awareness of the importance of communities and children to benefit least the following components: (1) education for all children and mobilize from this Child Labor Education Identification of target communities and a wide array of actors to improve and Initiative Project will be identified by baseline data collection; (2) Prevention expand education infrastructures; (2) the Grantee in collaboration with the of dropout of younger children at risk of Strengthen formal and transitional ministries of Labor, Social Affairs and being trafficked through improved education systems that encourage Education in the first three months of quality and relevance of education; and working children and those at risk of the project, and will form the basis of (3) Reintegration of older trafficking working to attend school; (3) Strengthen the first year’s work plan. victims into educational settings. national institutions and policies on The applicant should also work Targeting at-risk communities: education and child labor, and (4) closely with local authorities and The Grantee should work with the Ensure the long-term sustainability of educators to create a coherent model of Ministries of Education, Labor, and these efforts. education interventions to provide Social Affairs and other relevant The cooperative agreement awardee education alternatives to children at risk partners to: (hereafter referred to as ‘‘Grantee’’) is of trafficking or victims of trafficking. In a. Identify the number and location of expected to work cooperatively with the process of implementation it is target communities for EI project stakeholders in the country, including expected that capacity of local delivery interventions. the Ministry of Education, Ministry of mechanisms for education to this target b. In target communities, gather and Labor, Ministry of Social Affairs, group will be strengthened. Although correlate baseline socioeconomic and Ministry of Technical Education and new and innovative solutions are education data on (1) children returned Professional Training, NGOs, national strongly encouraged, at a minimum, the from trafficking; and (2) children at risk steering/advisory committees on child applicant is expected to propose of being trafficked to identify trends and labor and education, community and approaches that address the following patterns in these data. faith-based organizations, and trafficked areas of implementation: c. Assess educational infrastructure and at-risk children and their families. and quality in target communities, and In order to avoid duplication, enhance 1. Awareness Raising and Mobilization identify specific gaps to be filled by the collaboration, expand impact, and of Actors To Promote School project. develop synergies, the Grantee should Attendance and Reduce Child Prevention coordinate project activities with those Trafficking The Grantee should work with the already being undertaken for victims of a. Assist local organizations to Ministry of Education and other trafficking with USDOL funding by the develop a multi-tiered communications relevant partners to:
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a. Identify risk factors for formal reaching target communities both in the of the program, report to USDOL on a school dropout, causes of drop out, and prevention of child trafficking through quarterly basis, and evaluate program drop out trends in areas of high school retention, and reintegration of results. The grant(s) will include funds trafficking. children into educational settings after to plan, implement and evaluate b. Develop a strategy to increase being returned from trafficking. The programs and activities, conduct various retention and promotion to next grade development and expansion of multi- studies pertinent to project for children at risk of being trafficked, sectoral partnerships to reduce implementation, and to establish particularly girls. trafficking and support the education of education baselines to measure program c. Reduce drop out rates for at-risk target children is critical. Specifically results. The Grantee must develop children through improved primary the project should: annual work plans that will be approved school quality and enrichment programs a. Improve Ministry of Education by USDOL. Corresponding indicators of in areas of high trafficking, or capacity to collect data on correlations performance will also be developed by scholarship programs. between school attendance and the Grantee and approved by USDOL. Reintegration of Trafficked Children performance, drop out and trafficking. The Grantee should work with the The result of strengthened capacity B. Deliverables Ministry of Education and Ministry of would be the ability to collect, process, Unless otherwise indicated, the Social Affairs, Ministry of Technical analyze, map and correlate data between Grantee(s) must submit copies of all Education and other relevant partners trafficking and educational attainment, required reports to ILAB by the to: with the objective of informed specified due dates. Other documents, a. Strengthen the links between education and child labor (anti- such as project design documents, are to education programs at transition centers trafficking) policies. Data should be be submitted by mutually agreed upon and permanent schools, including collected and processed in collaboration deadlines. through increased capacity to assess and with the ministries of Labor and Social 1. Project Designs. A project share psychosocial and education needs Affairs. document in a format to be established of child victims of trafficking. b. Strengthen the capacity of key civil by ILAB in the logical framework format b. Support development/expansion of society organizations and communities will be used, and will include a bridge programs that allow eventual to monitor and follow up on the background/justification section, project reintegration of younger children (up to education of children at risk of being strategy (objectives, outputs, activities, age 15) victims of trafficking into the trafficked or returned from trafficking, indicators, means of verification), formal school system or vocational to complement government monitoring. project implementation timetable and training. These programs should include c. Enhance inter-institutional project budget. The project design will innovative approaches to improve coordination capacity, collaboration and be drawn from the proposal written in teaching materials, pedagogy, learning working partnerships between the response to this solicitation. The assessment, and monitoring of results. Ministries of Labor, Social Affairs and document will also include sections that The programs can include psychosocial Education, and Technical Education address coordination strategies, project counseling and guidance, recreational concerning the education of children management and sustainability. The activities, tutoring, and life skills who have been victims of trafficking, or time for delivery of this document will training. who are at high risk of being trafficked. be negotiated at the time of the award. c. Develop innovative vocational d. Enhance partnerships between the 2. Technical and Financial Progress education and skills training programs public sector and civil society on the Reports. The Grantee must furnish a for older children (ages 15–18) who are issue of education of children who have typed technical report to ILAB on a either victims of trafficking or at risk of been victims of trafficking, or who are quarterly basis by 31 March, 30 June, 30 being trafficked that allow them access at high risk of being trafficked. September, and 31 December. The to improved future employment e. Improve coordination and Grantee must also furnish a separate opportunities. These programs can implementation of existing policies and financial report to ILAB on the quarterly include psychosocial counseling and laws on school attendance and child basis mentioned above. The format for guidance, tutoring, and life skills labor in target areas of project the technical progress report will be the training. intervention. format developed by ILAB and must Funds provided by this grant in f. Promote legislation/litigation to contain the following information: support of this component may be used compensate victims of trafficking a. For each project objective, an for the construction/repair/expansion of through payment by traffickers and accurate account of activities carried out education or boarding facilities to employers for their social reintegration under that objective during the benefit target children, and for the and education. reporting period; provision of related pedagogical and In implementing these three b. An accounting of staff and any training materials, if local communities components, the Grantee will design subcontractor hours expended; can leverage complementary resources approaches that promote sustainability c. An accounting of travel performed in support of proposed education of impact at the individual, organization under the cooperative agreement during facilities and programs. and system-wide level as described the reporting period, including purpose above in Section I.C above. As one of trip, persons or organizations 3. Strengthen institutions and policies to means to promote sustainability, the promote school attendance, reduce contacted, and benefits derived; Grantee can leverage alternative income d. A description of current problems trafficking, and reintegrate trafficked generation/credit programs for that may impede performance, and children into educational settings opportunities for families of children proposed corrective action; The objective of this component is to benefiting from this project, and/or for e. Future actions planned in support promote approaches to create older children who complete skills and/ of each project objective; accountability mechanisms within the or vocational training. f. Aggregate amount of costs incurred government to document the problem In addition to meeting these during the reporting period; and and monitor (in partnership with civil requirements, the Grantee will be g. Progress on indicators (to be society organizations) the progress in expected to monitor the implementation reported annually).
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3. Annual Work Plan. An annual work a. The percentage of the total costs of 29 CFR Part 96—Federal Standards plan will be developed within three the program or project which will be for Audit of Federally Funded Grants, months of project award and approved financed with Federal money; Contracts and Agreements. by ILAB to ensure coordination with b. The dollar amount of Federal funds 29 CFR Part 98—Federal Standards other relevant social actors in Togo. for the project or program; and for Governmentwide Debarment and Subsequent annual work plans will be c. The percentage and dollar amount Suspension (Nonprocurement) and delivered no later than one year after the of the total costs of the project or Governmentwide Requirements for Drug-Free Workplace (Grants). previous one. program that will be financed by non- 4. Monitoring and Evaluation Plan. A 29 CFR Part 99—Federal Standards governmental sources. monitoring and evaluation plan will be for Audits of States, Local Governments, developed, in collaboration with ILAB, In consultation with ILAB, USDOL’s and Non-Profit Organizations. including beginning and ending dates role will be identified as one of the 2. Sub-contracts. Sub-contracts must for the project, planned and actual dates following: be awarded in accordance with 29 CFR for mid-term review, and final end of a. The USDOL logo may be applied to 95.40–48. In compliance with Executive project evaluations. The monitoring USDOL-funded material prepared for Orders 12876 as amended, 13230, 12928 plan will be prepared after completion world-wide distribution, including and 13021 as amended, the Grantee is of baseline surveys, including revision posters, videos, pamphlets, research strongly encouraged to provide sub- of indicators provided in project documents, national survey results, contracting opportunities to Historically document, targets, and means of impact evaluations, best practice Black Colleges and Universities, verification. reports, and other publications of global Hispanic-Serving Institutions and Tribal 5. Evaluation Reports. The Grantee interest. The Grantee will consult with Colleges and Universities. and the Grant Officer’s Technical USDOL on whether the logo should be 3. Key Personnel. The applicant shall Representative (GOTR) will determine used on any such items prior to final list individual(s) who has (have) been on a case-by-case basis whether mid- draft or final preparation for designated as having primary term evaluations will be conducted by distribution. In no event will the responsibility for the conduct and an internal or external evaluation team. USDOL logo be placed on any item until completion of all project work. The All final evaluations will be external in USDOL has given the Grantee written applicant will submit written proof that nature. The Grantee must respond to permission to use the logo, after key personnel will be available to begin any comments and recommendations obtaining appropriate internal USDOL work on the project no later than three resulting from the review of the mid- approval for use of the logo on the item. weeks after award. The Grantee agrees term report. b. If ILAB determines that the use of to inform the GOTR whenever it appears impossible for these individual(s) to C. Production of Deliverables the logo is not appropriate and does not give written permission, the following continue work on the project as 1. Materials Prepared Under the notice must appear on the document: planned. The Grantee may nominate Cooperative Agreement. The Grantee substitute personnel and submit the must submit to ILAB all media-related This document does not necessarily reflect nominations to the GOTR; however, the and educational materials developed by the views or policies of the U.S. Department Grantee must obtain prior approval from of Labor, nor does mention of trade names, the Grant Officer for all key personnel. it or its sub-contractors before they are commercial products, or organizations imply reproduced, published, or used. ILAB endorsement by the U.S. Government. If the Grant Officer is unable to approve considers that education materials the personnel change, he/she reserves include brochures, pamphlets, D. Administrative Requirements the right to terminate the cooperative videotapes, slide-tape shows, curricula, 1. General. Grantee organizations are agreement. 4. Encumbrance of Cooperative and any other training materials used in subject to applicable Federal laws Agreement Funds. Cooperative the program. ILAB will review materials (including provisions of appropriations agreement funds may not be for technical accuracy. The Grantee law) and the applicable Office of encumbered/obligated by the Grantee must obtain prior approval from the Management and Budget (OMB) before or after the cooperative Grant Officer for all materials developed Circulars. Determinations of allowable agreement period of performance. or purchased under this cooperative costs will be made in accordance with Encumbrances/obligations outstanding agreement. All materials produced by the applicable Federal cost principles. as of the end of the cooperative the Grantee must be provided to ILAB The cooperative agreement(s) awarded agreement period may be liquidated in a digital format for possible under this SGA are subject to the (paid out) after the end of the publication by ILAB. following administrative standards and cooperative agreement period. Such 2. Acknowledgment of USDOL provisions, if applicable: Funding. In all circumstances the encumbrances/obligations shall involve 29 CFR Part 36—Federal Standards following must be displayed on printed only specified commitments for which a for Nondiscrimination on the Basis of materials: need existed during the grant period ‘‘Preparation of this item was funded Sex in Education Programs or Activities and which are supported by approved by the United States Department of Receiving Federal Financial Assistance. contracts, purchase orders, requisitions, Labor under Cooperative Agreement No. 29 CFR Part 93—New Restrictions on invoices, bills, or other evidence of E–9–X–X–XXXX.’’ Lobbying. liability consistent with the Grantee’s When issuing statements, press 29 CFR Part 95—Uniform purchasing procedures and incurred releases, requests for proposals, bid Administrative Requirements for Grants within the cooperative agreement solicitations, and other documents and Agreements with Institutions of period. All encumbrances/obligations describing projects or programs funded Higher Education, Hospitals and Other incurred during the cooperative in whole or in part with Federal money, Non-Profit Organizations, and with agreement period shall be liquidated all Grantees receiving Federal funds, Commercial Organizations, Foreign within 90 days after the end of the grant including State and local governments Governments, Organizations Under the period, if practicable. and recipients of Federal research Jurisdiction of Foreign Governments 5. Site Visits. USDOL, through its grants, must clearly state: and International Organizations. authorized representatives, has the
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right, at all reasonable times, to make The factors are presented in the order performance to measure the site visits to review project of emphasis that they will receive. achievement of the project objective(s). accomplishments and management 1. Approach, Understanding of the (6) Demonstrate how the organization control systems and to provide such Issue, and Budget Plan (40 points). would build national and local capacity technical assistance as may be required. a. Overview. This section of the to ensure that project efforts to reduce If USDOL makes any site visit on the proposal must explain: trafficking and the effects of trafficking premises of the Grantee or a sub- (1) The applicant’s proposed through the provision of education are contractor(s) under this grant(s), the innovative methods for performing all sustained after completion of the Grantee shall provide and shall require the specific areas of work requirements project. its sub-contractors to provide all presented in this solicitation. c. Budget Plan. The applicant must reasonable facilities and assistance for (2) The expected outcomes over the develop a budget of up to US $2 million the safety and convenience of the period of performance for each of the for the project. This section of the Government representatives in the tasks; and proposal should explain the costs for performance of their duties. All site (3) The approach for producing the performing all of the requirements visits and evaluations shall be expected outcomes. presented in this solicitation and for performed in a manner that will not The applicant should describe in producing all required reports and other unduly delay the work. detail the proposed approach to comply deliverables presented in this with each requirement in Section IV.A solicitation; costs must include labor, V. Review and Selection of of this solicitation, including all tasks equipment, travel, and other related Applications for Award and methods to be utilized to costs. A. The Review Process implement the project. Also, the d. Management and Staff Loading applicant should explain the rationale Plan. This section must also include a USDOL will screen all applications to for using this approach. In addition, this management and staff loading plan. The determine whether all required section of the proposal should management plan should include the elements are present and clearly demonstrate the applicant’s thorough following: identifiable. Each complete application knowledge and understanding of the (1) A project organization chart and will be objectively rated by a technical issues involved in providing education accompanying narrative which panel against the criteria described in to children victims of trafficking or at differentiates between elements of the this announcement. Applicants are risk of being trafficked; best-practice applicant’s staff and subcontractors or advised that the panel recommendations solutions to address their needs; and the consultants who will be retained; to the Grant Officer are advisory in implementing environment in Togo. (2) A description of the functional nature. The Grant Officer may elect to b. Implementation Plan. The relationship between elements of the select a Grantee on the basis of the applicant must submit an project’s organization; and initial proposal submission; or, the implementation plan, preferably with a (3) The identity of the individual Grant Officer may establish a visual such as a Gantt chart, for the responsible for project management and competitive or technically acceptable project in Togo. The implementation the lines of authority between this range for the purpose of selecting plan should list the outcomes, individual and other elements of the qualified applicants. If deemed objectives and activities during the life project. appropriate, following the Grant of the project, and scheduling of time (4) A description of how the Officer’s call for the preparation and and staff starting with the execution of implementation plan will be integrated receipt of final revisions of proposals, the cooperative agreement and ending into and support the anti-trafficking the evaluation process described above with the final report. In describing the projects being implemented under ILO/ will be repeated to consider such implementation plan, the applicant IPEC and World Bank sponsorship. revisions. The Grant Officer will make should address the following points: The staff loading plan should identify final selection determination based on (1) Describe the use of existing or all key tasks and the person-days what is most advantageous to the potential infrastructure and use of required to complete each task. Labor Government, considering factors such as qualified personnel, including qualified estimates for each task should be broken panel findings and the availability of nationals, to implement the project. The down by individuals assigned to the funds. The Grant Officer’s applicant should also include a project task, including subcontractors and determination for award under this SGA organizational chart, demonstrating consultants. All key tasks should be is final. management structure, key personnel charted to show time required to Note: Selection of an organization as a positions, and indicating proposed links perform them by months or weeks. cooperative agreement recipient does not with Government, civil society leaders, This section will be evaluated in constitute approval of the cooperative educators, and other significant local accordance with applicable Federal agreement application as submitted. Before actors. laws and regulations. The budget must the actual cooperative agreement is awarded, (2) Develop a list of activities and comply with Federal cost principles USDOL may enter into negotiations about such items as program components, funding explain how each relates to the overall (which can be found in the applicable levels, and administrative systems. If the development objective of reducing child OMB Circulars) and with ILAB budget negotiations do not result in an acceptable trafficking and the effects of trafficking requirements contained in the submission, the Grant Officer reserves the through education. application instructions in Section III of right to terminate the negotiation and decline (3) Explain how appropriate this solicitation. to fund the proposal. awareness raising, training, and 2. Experience and Qualifications of pedagogic materials will be developed. the Organization (35 points). B. Rating Criteria and Selection (4) Demonstrate how the organization The evaluation criteria in this The technical panel will review will strengthen national institutions and category are as follows: applications against the various criteria policies on education and combating a. The organization applying for the on the basis of 100 points with an child trafficking. award has international experience additional 5 points available for non- (5) Demonstrate how the organization implementing basic, transitional, and federal or leveraged resources. would systematically report on project vocational education programs that
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address issues of access, quality, and their hours reduced without the three years experience in basic policy reform for disadvantaged approval of the Grant Officer. education projects in developing children including working children b. The educational background and countries in areas including student and victims of trafficking. experience of all staff to be assigned to assessment, teacher training, b. The organization has a field the project. educational materials development, presence in Togo, or in the region, or c. The special capabilities of staff that educational management, and could rapidly establish an office in Togo demonstrate prior experience in educational monitoring and information organizing, managing and performing that gives it the capability to work systems. This person must have directly with government ministries, similar efforts. d. The current employment status of experience in working successfully with educators, civil society leaders, and ministries of education, networks of other local organizations, e.g., staff and availability for this project. educators, employers’ organizations and community-based or faith-based groups; The applicant should also indicate trade union representatives or the organization can document that it whether the proposed work will be comparable entities. Additional has already established relations of this performed by persons currently nature in the target country or can show employed or is dependent upon experience with child labor, that it has the capacity to readily planned recruitment or subcontracting. psychosocial counseling, the education establish such relations. Note that management and professional of child victims of trafficking, and c. The organization has experience technical staff members comprising the education monitoring and evaluation is working with, or can show it has the applicant’s proposed team should be an asset. ability to work with U.N. and individuals who have prior experience c. The applicant should specify other multilateral donor organizations. with organizations working in similar personnel proposed to carry out the The proposal should include efforts, and are fully qualified to requirements of this solicitation. information about previous grants or perform work specified in the Statement d. The applicant should include a contracts relevant to this solicitation of Work. Where subcontractors or including: outside assistance are proposed, description of the roles and a. The organization for which the organizational control should be clearly responsibilities of all personnel work was done; delineated to ensure responsiveness to proposed for this project and a resume b. A contact person in that the needs of USDOL. Key personnel for each professional person to be organization with his or her current must sign letters of agreement to serve assigned to the program. Resumes phone number; on the project, and indicate availability should be attached in an appendix. At c. The dollar value of the grant, to commence work within three weeks a minimum, each resume should contract, or cooperative agreement for of grant award. include: the individual’s current the project; The following information must be employment status and previous work d. The time frame and professional furnished: experience, including position title, effort involved in the project; a. The applicant should designate a duties performed, dates in position, and e. A brief summary of the work Program Director (Key Personnel) to employing organizations and performed; and oversee the project and be responsible educational background. Duties should for implementation of the requirements f. A brief summary of be clearly defined in terms of role of the cooperative agreement in all of accomplishments. performed, e.g., manager, team leader, the countries of eventual This information on previous grants consultant, etc. Indicate whether the and contracts shall be provided in implementation. The Program Director individual is currently employed by the appendices and will not count in the 25- must have a minimum of three years of applicant, and (if so) for how long. page maximum page requirement. professional experience in a leadership 3. Experience and Qualifications of role in implementation of complex basic 4. Leverage of Funding (5 points). Key Personnel (25 points). education programs in developing The Department will give up to five This section of the proposal must countries in areas such as education (5) additional rating points to include sufficient information to judge policy; improving educational quality applications that include non-Federal the quality and competence of staff and access; teacher training and resources that significantly expand the proposed to be assigned to the project to materials development; educational dollar amount, size and scope of the assure that they meet the required assessment of disadvantaged students; proposal. Of special interest is an qualifications. Successful performance development of community organization’s ability to provide income- of the proposed work depends heavily participation in the improvement of generation and/or credit programs in on the qualifications of the individuals basic education; and monitoring and support of families of target children, or committed to the project. Accordingly, evaluation of basic education projects. for older children who complete in its evaluation of the applicant’s Points will be given for candidates with education programs and are ready for proposal, USDOL will place emphasis additional years of experience. Preferred on the applicant’s commitment of candidates will also have knowledge of self-employment. These programs will personnel qualified for the work child labor and trafficking issues, and not be financed by the project, but can involved in accomplishing the assigned experience in the development of complement and enhance project tasks. Information provided on the transitional, formal, and vocational objectives. The applicant may include experience and educational background education of children removed from any leveraging or co-funding of personnel should indicate the child labor and/or victims of child anticipated. To be eligible for the following: trafficking. additional points in the criterion, the a. The identity of key personnel b. The applicant should designate an applicant must list the source(s) of assigned to the project. ‘‘Key personnel’’ Education Specialist (Key Personnel) funds, the nature, and possible activities are staff who are essential to the who will provide leadership in anticipated with these funds under this successful operation of the project and developing the technical aspects of this cooperative agreement and any completion of the proposed work and, project in collaboration with the Project partnerships, linkages or coordination of therefore, may not be replaced or have Director. This person must have at least activities, cooperative funding, etc.
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Signed at Washington, DC, this 12th day of Appendix C: Background Information Appendix E: Background Information April, 2002. on the Causes and Effects of on Education and Anti-Trafficking Lawrence J. Kuss, Trafficking on Children. Programs in Togo. Grant Officer. Appendix D: Background Information Appendix F: Background Material Appendix A: SF 424—Application on USDOL-Funded Projects to available in hard copy (upon request). Form. Address the Trafficking of Children. Appendix B: SF 424A—Budget BILLING CODE 4510–28–P Information Form.
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BILLING CODE 4510–28–C
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Note: Use Column A to record funds Convention 182 categorizes child trafficking hopes and aspirations for their own personal requested for the initial period of as belonging to the same category as forced gain. In other cases, children are trafficked as performance (i.e. 12 months, 18 months, labor. Specifically, Convention 182 identifies a result of deception, threat or coercion. etc.); Column B to record changes to Column four categories of the worst forms of child As noted in the ILO report on trafficking A (i.e. requests for additional funds or line labor, and calls for their immediate cited above, among factors that encourage item changes; and Column C to record the elimination: trafficking are poverty; the desire to earn a totals (A plus B)). • All forms of slavery or practices similar living and help support family; low level of to slavery, such as the sale and trafficking of education of parents; scarcity of schools; Instructions for Part II—Budget children; debt bondage and serfdom and political conflict and natural disasters that Information forced or compulsory labor; including force devastate local economies; cultural attitudes or compulsory recruitment of children for toward children, and girls in particular; and Section A—Budget Summary by use in armed conflict; inadequate local laws and regulations or lack • Categories The use, procurement or offering of a of enforcement. The consequences of child 1. Personnel: Show salaries to be paid child for prostitution, production of trafficking include death or permanent pornography or pornographic performances; damage to physical and mental health; drug for project personnel which you are • The use, procurement or offering of a dependency; family disintegration; the risk of required to provide with W2 forms. child for illicit activities in particular for the 2. Fringe Benefits: Indicate the rate violence, physical and emotional damage due production and trafficking of drugs as to premature sexual activity, and exposure to and amount of fringe benefits. defined in the relevant international treaties; 3. Travel: Indicate the amount • HIV/AIDS and other sexually transmitted Work which by its nature or by the diseases (STDs). In the case of girls there is circumstances by which it is carried out, is requested for staff travel. Include funds also the risk of pregnancy, early motherhood, likely to harm the health, safety, or morals of to cover at least one trip to Washington, and reproductive illnesses that might affect children. DC for project director or designee. future reproductive ability. 4. Equipment: Indicate the cost of Children who are trafficked often engage in non-expendable personal property that one or more of the above-mentioned Appendix D: Background Information has a useful life of more than one year categories of the worst forms of child labor. on USDOL-funded Projects to Address As noted by the ILO in a recent report, with a per unit cost of $5,000 or more. the Trafficking of Children (through the Trafficking of Children: The Problem and International Labor Organization’s Also include a detailed description of Responses Worldwide, (available equipment to be purchased including electronically at http://www.ilo.org/public/ International Program on the price information. english/standards/ipec/publ/childtraf/ Elimination of Child Labor (ILO/IPEC)) 5. Supplies: Include the cost of trafficking.pdf), child trafficking can occur Ongoing Projects consumable supplies and materials to be within national boundaries, but can also used during the project period. cross borders and regions. ‘‘The victims, Africa 6. Contractual: Show the amount to mostly separated from their families and Combating the Trafficking in Children for be used for (1) procurement contracts communities end up in prostitution and Labor Exploitation in West and Central (except those which belong on other other exploitative forms of work, such as Africa—Phase Two (Benin, Burkina Faso, agriculture, mining, manufacturing, fishing, lines such as supplies and equipment); Cameroon, Gabon, Ghana, Cote d’’Ivoire, begging and domestic service. They are Mali, Nigeria, & Togo) and (2) sub-contracts/grants. defenceless against abuse and exploitation Description: The project aims to assist 7. Other: Indicate all direct costs not and traumatized’’’ (ILO, Trafficking of government agencies and nongovernmental clearly covered by lines 1 through 6 Children, p. iii). organizations in effectively preventing and above, including consultants. It is estimated that millions of children in abolishing child trafficking for the purpose of 8. Total, Direct Costs: Add lines 1 many countries are trafficked, but the exact domestic work, work on plantations, street through 7. number of victims is unknown. Often the children who are victims of trafficking come trading, begging and prostitution. Support 9. Indirect Costs: Indicate the rate and will be extended to partner organizations to amount of indirect costs. Please include from impoverished or rural areas/countries and go to urban areas of the same country, rescue and rehabilitate 9,000 child victims. a copy of your negotiated Indirect Cost The project will address the problem on both Agreement. or to wealthier countries. Trafficking involves a series of actions and actors national and regional levels through 10. Training /Stipend Cost: (If (including recruiters, intermediaries, awareness raising campaigns; mobilization, allowable) transporters, employers, and family capacity building, and coordination of social 11. Total Federal Funds Requested: members) at different points, from point of partners and key actors; provision of multi- Show total of lines 8 through 10. origin to final destination. The final outcome disciplinary preventive and rehabilitative programs for child victims, children at risk Section B—Cost Sharing/Matching is the exploitation through work of the child being relocated, and a serious compromise of of trafficking and their parents; development Summary the child’s access to education and other of multilateral and bilateral agreements to Indicate the actual rate and amount of aspects of healthy human development. The prevent trafficking; and the organization of cost sharing/matching when there is a exploitation is manifested through the sub-regional meetings to review regulations abusive conditions to which the child is and enforcement practice of trafficking in cost sharing/matching requirement. children. Also include percentage of total project subjected, including physical and mental abuse, confinement, inadequate or non- Status: The three-year project began in July cost and indicate source of cost sharing/ existent health care, poor accommodation, 2001, and USDOL’s contribution to ILO/IPEC matching funds, i.e. other Federal and hazardous work. is $4,279,154. source or other Non-Federal source. Trafficking is a complex issue involving a Latin America and the Caribbean Note: Please include a detailed cost series of motivations and aspirations that are analysis of each line item. both benevolent and malevolent. Children Brazil and Paraguay—Prevention and and their families can be drawn into Elimination of Commercial Sexual Exploitation of Children and Adolescents Appendix C: The Causes and Effects of trafficking through persuasion and/or Trafficking on Children deception. They are led to believe that a Description: This project aims to eliminate child will be better off because he/she will the commercial sexual exploitation of Child trafficking is considered one of the receive an education or job skills, earn children and adolescents in border areas worst forms of child labor under ILO money, and be cared for by adults with more between Paraguay and Brazil. Action will be Convention 182 on the Worst Forms of Child means than their parents. In many such taken to rescue and rehabilitate 1,000 Labor to which the United States, Togo and cases, children or their families approach the children that have been sexually exploited, many other countries are signatories. ILO recruiters, who take advantage of parents’ and offer 400 families credit support to
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further income generation. Relevant public, problem. Efforts were made to channel including Aide et Action, Plan International, private, governmental and nongovernmental identified children to NGO’s already La Colombe, and CARE. institutions will be strengthened to providing social protection and support implement efforts to eliminate the services for victims of trafficking. The project Ministry of Labor commercial sexual exploitation of children, began in 1999 and is now completed. The Togolese Ministry of Labor has and to make available reliable and credible USDOL’s contribution to ILO/IPEC was recently begun actively working with ILO/ information related to the commercial sexual $225,525. IPEC to implement a policy to combat child exploitation of children, including possible labor, and has designated a special unit child trafficking networks. South Asia within the ministry to work with IPEC. Its Status: The three-year project began in Setting National Strategies for the efforts to combat child labor fall into three August 2001, and USDOL’s contribution to Elimination of Girls’ Trafficking and categories: (1) Awareness-Raising, (2) Action ILO/IPEC is $1,995,464. Commercial Sexual Exploitation of Children Programs with IPEC to get returned in Nepal South Asia trafficking victims into school, and (3) Description: The project aimed to Legislation to revise the Togolese Labor Code South Asia Sub-regional Program to Combat strengthen the role of the Ministry of Social to bring it in line with international the Trafficking of Children for Exploitative Welfare in combating child trafficking and agreements. Employment (Bangladesh, Nepal and Sri coordinating an action plan at the national In 1998/99, in collaboration with IPEC, the Lanka) level to combat child trafficking for Ministry conducted a sample survey of 600 Description: The project addresses the commercial sexual exploitation. Some 120 children to assess the extent of the child problem of trafficking in children for children were removed from prostitution and labor problem. The results pointed to the purposes of domestic work, work on provided rehabilitation services and existence of child labor in a large number of plantations, work on construction sites, sex educational opportunities. Public awareness sectors including: market porters, agriculture, tourism, pornography, and prostitution, both campaigns on the trafficking of children were domestic workers, gravel porters, artisan on the national and sub-regional levels. Some carried out in villages and carpet factories. workshops, and fishing. The survey also 1,700 children will be rescued from The two-year project commenced in 1997 found that trafficking of children within Togo exploitive work situations and will receive and is now complete. USDOL’s contribution eventually led to their trafficking outside the rehabilitation services. An additional 6,000 to ILO/IPEC was $190,323. country. Using the results of this survey, a children will be prevented from being National Action Plan was developed in trafficked. The project will enhance the Appendix E: Background Information collaboration with IPEC and other ministries. capacity of government and on Education and Anti-Trafficking The plan focuses on three groups of children: nongovernmental organizations to address Programs in Togo exploited and abused child workers, child trafficking issues, and will support sub- victims of trafficking, and street children. Many government ministries and regional cooperation and joint action among Among the activities proposed are: creation organizations are currently working to the South Asia Association for Regional of a database on traffickers; improvement of combat child labor and trafficking, as well as Cooperation (SAARC) countries. legislation on children; regional exchange of to provide educational services to youth. Status: The two-year project began in June information on trafficking; improvement of Although these efforts are significant in 2000, and USDOL’s contribution to ILO/IPEC cooperation between police, customs and is $1,789,426. nature, they are being carried out on a relatively small scale and are mostly immigration officers; improvement of Timebound Program in Nepal uncoordinated. This section summarizes educational opportunities for girls and street children; awareness raising campaigns; and Description: The Timebound Program in some of the interventions most pertinent to Nepal will comprise a set of comprehensive a Child Labor Education Initiative project in the rehabilitation and reintegration of and integrated initiatives that will show Togo. trafficked children. visible results in the elimination of the worst Among its other responsibilities, the forms of child labor in the country in a Government Ministries Ministry of Labor inspects workplaces and specific time period. Child victims of mediates conflicts that arise in Ministry of Education ´ trafficking for labor or sexual exploitation has apprenticeships. The office in Sokode The Togolese Ministry of Education has been identified as one of six worst forms of estimated that it resolves about 20 such been working to expand educational access child labor in Nepal to receive priority conflicts per year, and that many more are for all children, and bureaus of the ministry attention. It is estimated that some 2,000 resolved through the employers’ unions, in both Lome´ and Sokode´ are making special children will benefit directly from this which employers of apprentices are required component of the project. Children will efforts to support girls’ education. With by law to join. recent efforts to develop inter-ministerial receive trauma counseling before Ministry of Social Affairs reintegration into school or vocational cooperation, notably with the launching of training. the ILO/IPEC program, it has been involved The Ministry of Social Affairs has been Status: USDOL contribution to the entire in preliminary meetings to develop an action spearheading the fight against the ILO/IPEC project is $5.5 million (child plan to combat child labor and trafficking. exploitation of children, with very few trafficking component is $1.5 million) for a The regional Directorate of the Ministry of available resources. Its activities include: An four-year period. The project began in Education in Sokode´ has also been annual awareness raising campaign on September 2001, and the trafficking developing a working relationship with the trafficking; withdrawing children from component of the project will commence in Ministry of Social Affairs on child trafficking. exploitative situations (particularly July 2002. Following a presentation on child trafficking, trafficking); arranging for the repatriation of there have been three follow up meetings trafficking victims, including coordinating Projects Completed in Recent Years with various government ministries and local with local NGOs to receive them in transit Africa leaders to discuss the causes of child labor. houses; and arranging children’s One of these meetings was devoted to reintegration into family and enrollment in Combating the Trafficking in Children for establishing local committees to fight against school or apprenticeships. The Ministry is Labor Exploitation in West and Central child trafficking. working with CARE-Togo to implement the Africa—Phase One (Benin, Burkina Faso, In addition to government schools, the World Bank-financed Institutional Cameroon, Gabon, Ghana, Cote d Ivoire, Ministry of Education supports community- Development Fund (IDF) project, which has Mali, Nigeria, & Togo) based schools (Ecoles d’Initiative Locale) by established 15 village-based committees Description: The first phase of this project providing manuals and technical assistance nationwide dedicated to preventing produced a sub-regional report synthesizing for teacher training. In cooperation with the trafficking and following up with trafficked studies on the nature and scope of child World Bank, the Ministry has implemented children who have been reintegrated. trafficking in the participating countries and an Education Management and Support The Sokode´ regional office of the Ministry developed strategies for national and Project (PAGED), and also collaborates on of Social Affairs has developed regional and concerted regional actions to address the education programs with several NGOs, prefectoral action plans to address the most
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pressing social needs in the area, but most of UNICEF programs. Each NGO works with about 40 the plans have yet to be implemented due to UNICEF’s interventions in Togo are girls. lack of resources. threefold: (1) awareness-raising on the rights The scholarship program has two funding of women and children; (2) education sources: a US $7,000 memorial fund, and US Ministry of Technical Education and $50,000 from the State Department’s Professional Training programs, especially for girls aged 5–14 years and parents; and (3) strengthening of local Education for Democracy Development The Ministry of Technical Education and capacity. UNICEF works with 500 villages in Initiative (EDDI). In addition to project funds, Professional Training offers two vocational three zones of the Maritime region to Peace Corps/Togo has a Small Project training options for older children: formulate village action plans to address Assistance (SPA) program that awards a apprenticeships and technical institutes, of problems identified by the communities maximum of $500 per project and which there are 11 nationwide. The Ministry themselves. These programs include emphasizes training projects. also has Regional Centers of Technical enrollment of children in school; income- World Bank Education and Professional Training, where generating activities; registration of births as training is tailored to meet regional needs a means to increase school enrollment and The World Bank has awarded a $306,000 (e.g., night courses, HIV/AIDS education). control trafficking; vaccination certificates, grant from its Institutional Development Training at a technical institute lasts three and training of caregivers at childcare Fund (IDF) to the Ministry of Social Affairs’ Directorate for the Protection and Promotion years and is less expensive than centers. Where UNICEF has opened schools, of the Family and Children (DPPFE), which apprenticeships. Students must be between it works to build the community’s capacity has in turn subcontracted the money to 14 and 20 years of age at the time of to financially sustain the school after the end of the program, or until the government can NGOs. The IDF Project’s primary objectives enrollment, and must have completed at least are to strengthen DPPFE’s institutional two years of secondary school. take it over. UNICEF works closely with several NGOs capacity and to develop partnerships The Ministry has put forth regulations between government and civil society governing apprenticeships, including as well as with IPEC and the Ministry of Labor. It works with the World Bank at a through joint child protection initiatives. duration (between one and four years) and The Bank has not undertaken any new fees. There are reportedly many violations in regional level. Its five-year project budget is US $3 million, of which $1.7 million is program lending in Togo since 1998. It the apprenticeship system whereby parents currently has five projects, only two of which must pay a large amount in cash and kind to available for programs, and the remaining $1.3 million for research. UNICEF does not are new: a $5 million health project and a get their children accepted into an $15 million HIV/AIDS project. Both are apprenticeship. It is reported that the finance the village action plans, but encourages villages to seek funding from loans. The Bank’s education project ended in children may not learn the required skill set other sources. UNICEF has also launched an June 2001, and there are no other projects in in the legal time limit set for the the pipeline. early childhood development center to help apprenticeship, but may serve as unpaid As part of its education strategy in Togo, give at-risk children an advantage in school. laborers for many years. Violations of the the Bank places emphasis on making apprenticeship system are investigated when The Ambassador’s Special Self Help Fund communities directly responsible for schools. formal complaints are filed. Among other small grants it provides to The teachers are hired and paid by the Dual training, whereby children attend local organizations, the U.S. Ambassador’s communities (with supplements from the evening literacy courses while engaged in Special Self Help Fund is financing a study Bank), and are supervised by inspectors from apprenticeships, is an option available to of the traditional practice of trokosi, in which the Ministry of Education. apprentices. This training is partially some families in the Vo region give their International NGOs subsidized by the ministry. daughters to voodoo priests in order to repay BICE-Togo International Donors a spiritual or monetary debt, or to compensate for offences committed by a Bureau International Catholique de IPEC member of the family. These girls are bonded l’Enfance (BICE) has been working in Togo The IPEC program in Togo began in March for life and do not have the opportunity to since 1996. Among its areas of focus are child 2001 and is funded by France and the United go to school. Exact numbers on how many porters in the market, and internal and States. The organization is undertaking girls are involved are lacking, but the study external child trafficking. In the interest of preventing trafficking, BICE provides partial efforts to remove children under age 14, is expected to be complete in 2002. scholarships for children, and is currently particularly girls, from the worst forms of Peace Corps supporting 467 children, 63% of whom are child labor, and to improve working Peace Corps/Togo’s Small Business girls. It also holds two-hour tutoring sessions conditions for children ages 15 and over. Development project was begun in 1991, in per week to maximize each child’s chance of IPEC has worked with local chiefs to raise collaboration with the Federation of Savings passing. Since 1997 BICE has been working awareness of child labor and trafficking, and and Credit Unions in Togo (FUCEC). There in seven rural villages in Lac and Vo has subcontracted three initiatives: (1) are currently approximately 15 Peace Corps prefectures in an effort to address the Reinforcing the capacity of communities to Volunteers who work in this sector, offering problem at its roots. The organization works combat child labor and trafficking. (This business training and consulting services to to return victims of trafficking to their place capacity building program is directly members of local credit unions. Many of origin and re-insert them in school, and implemented by the Ministry of Social Volunteers work with women’s groups, while then conducts awareness raising activities in Affairs, with overall coordination by the others assist individuals. They help these areas. Each community has an Ministry of Labor); (2) combating child labor associations get officially registered, and in Education Support Committee made up of among market porters in Lome´ with the rural areas, focus on informal savings groups. teachers, students in their fourth year of Bureau International Catholique de Peace Corps/Togo also has a Girls’ secondary school, and others. These students l’Enfance—BICE; and (3) combating the Education and Empowerment Project are trained by BICE over a period of years. exploitation of girls in domestic service in (recently renamed Education and In Lome´, BICE has conducted a series of Lome´, with WAO-Afrique. These initiatives Development) that was started in 1999. The awareness raising activities in the markets on last between 12 and 24 months. Togo is also 30 Volunteers assigned to this project make child porters. The NGO has its own part of the USDOL-funded regional eight- efforts to enroll girls in school, to keep them preschool in Lome´ for children of market country trafficking project, in which US there, and to help those who are out of school porters to prevent them from working. $159,000 is designated for direct action find work. This project includes a Among its funding sources are the European programs in Togo. These funds are intended scholarship program that has been operating Union, Fonds Pe´lorin (a French department for awareness raising and other interventions for seven years. Volunteers work in an store), and the Oak Foundation. to reach 200 target communities. In the first advisory capacity with local NGOs that BICE is also part of a Group for Exchange year 10 pilot communities will be identified receive up to $1,500 each (with 10% for and Coordination among Education Actors, a in each region with future expansion administrative costs) to administer group of 24 governmental and non- anticipated in subsequent years. scholarships, tutoring and mentoring governmental entities that get together for
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monthly workshops on topics proposed by a more than two weeks before returning to Under the guidance of the NGO, seven to ten rotating Secretariat. BICE works in their families. The center will also provide adolescents form an executive committee that partnership with IPEC. training for girls to assist in their works in Lome´ neighborhoods to raise reintegration. Among PLAN’s partners are the awareness on child labor and to provide CARE-International Ministries of Social Affairs, Labor, Education, support for children who work. CARE’s most direct intervention in the area and Security, as well as WAO-Afrique and Another of WAO–Afrique’s focus areas is of child labor is through the Institutional FUCEC (Federation of Savings and Credit micro-credit. The organization collaborates Development Fund (IDF) Project, funded by Unions in Togo). PLAN has also helped to with FUCEC to run a micro-credit center for the World Bank via the Ministry of Social sensitize border police to the issue of child women that meets at the Evangelical Affairs’ Directorate for the Protection and trafficking. By January 2002, PLAN is Presbyterian Church of Togo in Lome´. WAO– Promotion of the Family and Children scheduled to complete a study on child Afrique and the church guarantee the loans, (DPPFE), and implemented with six local trafficking, including its forms, causes and and FUCEC provides training that covers not partners. CARE’s activities in this $306,000 consequences. Funding for the study is being only credit and business management, but project include technical support for the provided by Japan over a five-year period, also health and nutrition. Over 200 women creation and training of local committees with $50,000 for the study and benefit from this program. against child labor and trafficking, training accompanying activities for the first year. ALISEI and awareness raising to prevent child labor Terre des Hommes and trafficking, and pilot initiatives for child ALISEI is an Italian NGO founded in 1998 protection. One of Terre des Hommes’ primary areas that has a regional trafficking project based In 1998, CARE began a five-year, $622,000 of intervention in Togo focuses on child labor in Gabon that also covers Togo, Benin, and initiative—the Programme for the Promotion and exploitation, particularly trafficking. The Nigeria. Of the $3 million project budget, of Educational and Employment Oasis Center was created in 1986–87 to assist $45,000 per year is allocated to Togo. The Opportunities for Girls in Urban and Rural lost children, but now targets children who organization intends to undertake actions to Areas in Togo (PEP)—funded by Comic have escaped from work, including trafficked prevent child trafficking, to reintegrate Relief, UK, and implemented in conjunction children. The Center serves as a transit trafficked children into their home villages, with AHUEFA and La Colombe in Lome´ and house, offering accommodation, care and to follow up with them, and to provide basic education classes to approximately 50– Vo District. After nine months of literacy and vocational training for older children. ALISEI 60 children until they can be reunited with life skills training, PEP beneficiaries may is in the first phase of the 18-month project. their families. The length of stay ranges from choose to participate in a three-year non- It has trained personnel to conduct follow-up a few days to a few weeks. formal education program (with the goal of activities (in collaboration with the ILO), and Terre des Hommes works with the Ministry reintegrating into the formal system), has started activities to provide schooling of Social Affairs, civil and military police, vocational training, or an income generating and vocational training for trafficked judges, local chiefs and social centers to activity. A total of 653 girls and women children. The organization is currently reintegrate children into their home villages, currently benefit from the PEP Project. negotiating with the European Union to start and coordinates with UNICEF to repatriate The Social and Professional Protection for a small micro-credit program for those who children who have been trafficked from other complete the vocational training. Young Domestic Workers (PROMAM) Project countries to Togo. The NGO maintains a file ´ has been operating in Lome since 2000. To on each child, including information on his/ National NGOs date, PROMAM has worked with 247 her age, type of work (and if paid), work La Colombe domestic workers (ages 15 to 30) and their location, age when placed, trafficking history employers to strengthen the workers’ and details of abuse. Each file also includes La Colombe works at the grassroots level in professional capacities, improve their data on the child’s parents (religion, tribe, girls’ education, child labor, internal working conditions, and guard against the language, education, etc.). An additional trafficking, literacy promotion, vocational exploitation of child labor. PROMAM is in children’s center, financed by the U.S. training, civic education and sexual the process of creating a training center for Embassy, is under construction. harassment. The NGO has offices in Lome´ girls. Terre des Hommes is financed primarily by and Vogan, and a girls’ training center in All of CARE’s projects set aside a small the Terre des Hommes Foundation in Vogan (the origin of the majority of market portion of the budget to fund income- Switzerland, but also receive funds from porters). The training center in Vogan generating activities in support of the private citizens, Swiss international aid, and consists of a non-formal education center for projects’ larger goals. other countries (e.g., various embassies, girls and a vocational training center for older girls. Students at the vocational center PLAN International European Union). The organization is also striving to obtain local funding in order to are required to take literacy and cooking PLAN International works on the problem develop a more sustainable model. classes, and then can choose among a variety of child trafficking in the Central Region of of options including tapestry, batik and hair Togo. In a village that is the source of many WAO-Afrique braiding. trafficked children, PLAN is working with a WAO-Afrique has been working with child In 1997, the U.S. Embassy used Democracy women’s group to improve their ability to labor in Togo since 1991. The organization and Human Rights Funds (DHRF) to finance care for their children, and to increase their conducted a study in 1994 that revealed that a project with La Colombe aimed at revenues through micro-finance. With 150,000–200,000 children work in Togo. In sensitizing the public to women’s rights. In support from the Government of Togo and 1998, WAO-Afrique coordinated with the 2000, the Ambassador’s Special Self-Help the respective communities, PLAN assists Ministry of Interior, PLAN International and Fund financed the construction of a latrine with the construction of schools, including border police to organize a meeting to raise for a school in Vo Prefecture. the purchase of materials and teachers’ awareness of child labor and exploitation. GF2D salaries. PLAN also works with community- The meeting resulted in a formal definition based schools by providing teacher training, of child trafficking, and a resolution to treat Groupe de re´flexion et d’action Femme, offering scholarships, and assisting in the trafficking as a crime. In addition to its efforts De´mocratie et De´veloppement (GF2D) is development of teaching materials. In in Togo, WAO-Afrique works on a regional headed by a Magistrate of the Togolese addition to supporting the formal school level in West and Central Africa, and is Supreme Court. The NGO started with an system, PLAN provides non-formal education currently collaborating with Radda Barnen association of women lawyers in 1992 and for children who have never attended school, (Save the Children-Sweden) to organize a opened its first center in 1994. There are now and offers workshops where they can learn regional conference next year. The NGO is four centers in the country, including one in various trades. also in the process of creating a regional Lome´, that offer training on legal issues (e.g., In the area of trafficking, PLAN uses mass observatoire (watchdog agency) to collect and marriage, civil status, property rights, etc.) to media (radio and TV) to sensitize people to maintain information for all countries in the women, children and some men, and then the issue. In 2002, PLAN intends to West and Central African region. follow up with them. The center in Lome´ strengthen its transit center for child victims WAO-Afrique runs a center in Lome´ that receives approximately 30 clients per week of trafficking, so that children can remain for serves as a gathering place for child laborers. and periodically handles issues related to
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trafficked children. With the exception of the develop and implement formal, non- world by increasing access to basic program and center directors, the lawyers formal, and vocational education education for children removed from who work at the center are volunteers. There programs as a means to combat child labor or at risk of entering it. are also 300 paralegals who work in exploitative child labor in Togo, Eliminating child labor will depend in awareness raising throughout the country. Zambia, Peru, Bolivia, and Pakistan, and In addition to offering legal assistance, part on improving access to, quality of, GF2D operates the Center for Research on to encourage innovative approaches to and relevance of education. Without and Training of Women (CRIFF). CRIFF increase access to basic education improving educational quality and maintains a library that area students can use around the world (Education relevance, children withdrawn from when researching women’s issues, and has Innovations Grant). ILAB will publish child labor may not have viable the capacity to conduct research. solicitations for cooperative agreement alternatives and may return to work or In collaboration with La Colombe and applications from qualified resort to other hazardous, unhealthy another NGO, AHUEFA, GF2D has developed organizations to implement programs means of subsistence. the Assistance to Young Girls Program that that promote school attendance and The Education Initiative has the will provide services including tutoring for provide educational opportunities for following four goals: students repeating a grade. This is a three- year pilot project with a total budget of working children or children at risk of 1. Raise awareness of the importance of 21,871,000 CFA francs (approximately working. The programs should focus on education for all children and mobilize a US$30,000). The project has not yet begun innovative ways to address the many wide array of actors to improve and expand due to lack of funds. gaps and challenges to basic education education infrastructures; found in the countries mentioned above. 2. Strengthen formal and transitional CIAF DATES: The solicitations for cooperative education systems that encourage working The Inter-African Committee on agreement applications will be children and those at risk of working to Traditional Practices that Affect the Health of published in the Federal Register on or attend school; Women and Children-Central Region (CIAF) 3. Strengthen national institutions and works in eight African countries and has before September 30, 2002. Interested policies on education and child labor; and been operating in Togo since 1986. The parties should regularly check the 4. Ensure the long-term sustainability of primary focus of the Sokode´-based Federal Register for actual publishing these efforts. organization is to reduce the incidence of dates of future solicitations and may The objective of the USDOL’s female excision in the Central Region of Togo submit an application up to 30 days involvement in increasing access to by raising awareness of the health risks. The after the date of publication. NGO also works to keep girls in school in quality basic education is to ADDRESS: Once Solicitations are order to decrease the likelihood of excision complement existing efforts to eradicate and of early marriage, and to reduce the risk published in the Federal Register, the worst forms of child labor, to build of being trafficked. applications must be delivered to: U.S. on the achievements of and lessons CIAF collaborates extensively with the Department of Labor, Procurement learned from these efforts, to expand Association for the Holistic Development of Services Center, 200 Constitution impact and build synergies, and to Women and Young Girls (ADIF). While CIAF Avenue, NW., Room N–5416, Attention: avoid duplication of resources and focuses mainly on excision and girls’ Lisa Harvey, Washington, DC 20210. efforts. education, ADIF works with girls in school FOR FURTHER INFORMATION CONTACT: Lisa who lack resources, and raises awareness on Harvey. E-mail address: harvey- Signed at Washington, DC, this 15th day of trafficking, AIDS and the importance of April, 2002. education. [email protected]. All inquiries should make reference to the USDOL Child Labor Lawrence J. Kuss, Appendix F: Background Material Education Initiative—Solicitations for Grant Officer. Available in Hard Copy (upon request) Cooperative Agreement Applications. [FR Doc. 02–9516 Filed 4–17–02; 8:45 am] 1. Project Document for Combating the SUPPLEMENTARY INFORMATION: Since BILLING CODE 4510–28–P Trafficking in Children for Labor Exploitation 1995 and as mandated by the U.S. in West and Central Africa (Phase I) Congress, USDOL has supported a 2. Project Document for Combating the worldwide technical assistance program DEPARTMENT OF LABOR Trafficking in Children for Labor Exploitation implemented by the International Labor Office of the Secretary in West and Central Africa (Phase II) Organization’s International Program on 3. The Trafficking of Children: The the Elimination of Child Labor (ILO/ Problem and Responses Worldwide Education Innovations to Combat IPEC). USDOL contributions to date to Child Labor [FR Doc. 02–9515 Filed 4–17–02; 8:45 am] ILO/IPEC have amounted to over $112 BILLING CODE 4510–28–P million, making the United States the AGENCY: Bureau of International Labor program’s largest donor and the leader Affairs, Department of Labor. in global efforts to combat child labor. ACTION: Notice of availability of funds DEPARTMENT OF LABOR In USDOL’s FY 2001 appropriations, and solicitation for Cooperative in addition to $45 million in funds Agreement Applications (SGA 02–01). Office of the Secretary earmarked for ILO/IPEC, USDOL This notice contains all of the Child Labor Education Initiative received $37 million for an Education Initiative that will fund programs that necessary information and forms AGENCY: Bureau of International Labor increase access to quality basic needed to apply for cooperative Affairs, U.S. Department of Labor. education in areas with a high incidence agreement funding. ACTION: Notice of intent to publish of abusive and exploitative child labor. SUMMARY: The U.S. Department of solicitations for cooperative agreement The cooperative agreement(s) awarded Labor, Bureau of International Labor applications. under this solicitation will be funded by Affairs, will award US $5 million to an this new initiative. organization to administer an education SUMMARY: The U.S. Department of Labor USDOL’s Education Initiative innovations program under the Child (USDOL), Bureau of International Labor nurtures the development, health, Labor Education Initiative of the Affairs (ILAB), intents to award up to safety, and enhanced future International Child Labor Program. The U.S. $17 million to organizations to employability of children around the program will promote, assess, and
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document innovative approaches to announces the availability of funds to be basic education in areas with a high providing basic education to child granted by cooperative agreement to one incidence of child labor. The laborers and children at risk of working qualifying organization or to a cooperative agreement(s) awarded under in countries or regions with high rates partnership between two such this solicitation will be funded by this of child labor. One organization (or a organizations for the purpose of new initiative. partnership of two organizations) will identifying innovative and locally- USDOL’s Child Labor Education be selected to implement this program. developed methods of preventing and Initiative nurtures the development, The program will enable the combating child labor through basic health, safety and enhanced future organization to identify and promote education. The cooperative agreement employability of children around the innovative locally developed and will be managed by the International world by increasing access to basic community-based pilot projects that Child Labor Program (ICLP), ILAB, to education for children removed from correspond to the Child Labor assure achievement of the stated goals. child labor or at risk of entering it. Child Education Initiative’s strategic Applicants are encouraged to be creative labor elimination will depend in part on objectives, and to document innovative in proposing mechanisms for improving access to, quality of, and models for potential replication and implementing the education relevance of education. Without expansion. As part of this cooperative innovations program, selecting projects, improving educational quality and agreement, the organization may use up and establishing an effective monitoring relevance, children withdrawn from to US $750,000 to support its (their) and evaluation system to measure child labor may not have viable own projects that address the outcomes of the program and develop alternatives and could resort to other educational needs of working children final documentation of potential models forms of hazardous work. and those at risk of working. for replication or expansion. The Child Labor Education Initiative DATES: The closing date for receipt of has the following four goals: applications is June 7, 2002. I. Background and Program Scope 1. Raise awareness of the importance Applications must be received by 4:45 A. USDOL Support of the Global of education for all children and p.m. (Eastern Time) at the address Elimination of Child Labor mobilize a wide array of actors to improve and expand education below. No exceptions to the mailing, The International Labor Organization delivery, and hand-delivery conditions infrastructures; estimates that there are 250 million 2. Strengthen formal and transitional set forth in this notice will be granted. working children between the ages of 5 Applications that do not meet the education systems that encourage and 14 in developing countries, about working children and those at risk of conditions set forth in this notice will half of whom work full-time. Full-time not be honored. Telegram, facsimile working to attend school; child workers are generally unable to 3. Strengthen national institutions (FAX), and e-mail applications will not attend school, and from an early age be honored. and policies on education and child part-time child laborers must balance labor; and ADDRESSES: Application forms will not economic survival with schooling, often 4. Ensure the long-term sustainability be mailed. They are published in this to the detriment of their education. of these efforts. Federal Register Notice, and in the The existence of child labor has many A more detailed discussion of these Federal Register which may be obtained implications for a country. Education is objectives is provided in Appendix C. from your nearest U.S. Government a key investment that has been linked to office or public library or online at the acceleration of a nation’s B. The Education Innovations Program http://www.nara.gov/fedreg/ productivity and socioeconomic of the Child Labor Education Initiative nfpubs.html. development. Poorly educated workers The education innovations program is Applications must be delivered to: tend to earn less, live in poverty, and intended to provide support to U.S. Department of Labor, Procurement may need to send their own children to community-based organizations in Services Center, 200 Constitution work at a young age. It is important to countries or areas within countries with Avenue, NW., Room N–5416, Attention: undertake education initiatives for child high rates of child labor. The program Lisa Harvey, Reference: SGA 02–01, laborers and their at-risk siblings seeks to promote the capacity of local Washington, DC 20210. because their lack of schooling hinders non-governmental organizations FOR FURTHER INFORMATION CONTACT: Lisa the development of a modern workforce, (NGOs), civil society organizations Harvey. E-mail address: harvey- overall labor market reform, poverty (CSOs), or other organizations already [email protected]. All applicants are advised reduction and social progress. working on the issues of basic education that U.S. mail delivery in the Since 1995, as mandated by the U.S. and/or child labor to respond creatively Washington, DC area has been slow and Congress, USDOL has supported a and effectively to the complex challenge erratic due to the recent concerns worldwide technical assistance program of educating children removed from involving anthrax contamination. All implemented by the International Labor child labor or at risk of entering it. The applicants must take this into Organization’s International Program on program will support innovative, locally consideration when preparing to meet the Elimination of Child Labor (ILO/ developed pilot activities that support the application deadline. It is IPEC). USDOL contributions to date to the Child Labor Education Initiative’s recommended that you confirm receipt ILO/IPEC have amounted to some US four strategic objectives ( see Section of your application by contacting Lisa $112 million, making the United States I.A). Harvey, U.S. Department of Labor, the program’s largest donor and a leader Projects that receive support under Procurement Services Center, telephone in global efforts to combat child labor. the education innovations program (202) 693–4570 (this is not a toll-free In USDOL’s FY 2001 and 2002 would work to identify and develop number), prior to the closing deadline. appropriations, in addition to US $90 new initiatives; to extend successful All inquiries should reference SGA 02– million in funds earmarked for the ILO/ existing activities; or to encourage 01. IPEC, the Department received an knowledge sharing through the SUPPLEMENTARY INFORMATION: The U.S. additional US $74 million for a Child establishment of best practices. The Department of Labor (USDOL), Bureau Labor Education Initiative that will fund program will promote innovation by of International Labor Affairs (ILAB), programs that increase access to quality, ensuring careful monitoring and
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documentation of activities from pilot activities will not be eligible for the toll-free number), prior to the closing projects with the potential for expansion receipt of federal funds constituting an deadline. All inquiries should reference and/or replication. award, grant, or loan. SGA 02–01. The education innovations program B. Submission of Applications D. Funding Levels will seek to provide funds to organizations with the ability to create One (1) ink-signed original, complete Up to US $5 million will be awarded demonstrable impact on access to application in English plus two (2) under this cooperative agreement quality basic education with the funds. copies of the application, must be (hereafter also referred to as ‘‘grant’’). The major portion of the funds (US submitted to the U.S. Department of The Grantee will use at least US $4.25 $4.25 million) will be used to support Labor, Procurement Services Center, 200 million to fund activities (through the innovative grassroots initiatives to Constitution Avenue, NW., Room N– use of sub-contracts) worldwide in improve access and quality of education 5416, Washington, DC 20210, not later countries or regions with high child for working children or children at risk than 4:45 p.m. ET, June 7, 2002. labor rates, and that support the of going to work and for the overall Accompanying documents must also be strategic objectives of the Child Labor administration of the program. The in English. To aid with review of Education Initiative, and to administer remainder of the funding (US $750,000) applications, USDOL also encourages the program. Funds of up to US will be available to the Cooperative applicants to submit two additional $750,000 are also provided for Agreement Awardee (hereafter referred paper copies of the application (five promising and innovative activities by to as ‘‘Grantee’’) to support projects by total). Applicants who do not provide the Grantee’s own field offices (either at its (their) own field offices for the additional copies will not be penalized. the country or regional level), education of child laborers or children The application must consist of two corresponding to the strategic objectives at risk of working. All activities funded (2) separate parts. Part I of the of the USDOL’s Child Labor Education must correspond to the Child Labor application must contain the Standard Initiative. All funds must be obligated Education Initiative’s strategic Form (SF) 424, ‘‘Application for Federal by the Grantee by January 2005. objectives. Assistance’’ (Appendix A) (The entry on SF 424 for the Catalog of Federal E. Project Duration II. Authority Domestic Assistance Number (CFDA) is The duration of the program funded ILAB is authorized to award and 17.700) and sections A–F of the Budget by this SGA is four (4) years. The start administer this program as set forth in Information Form SF 424A (Appendix date of program activities will be the Consolidated Appropriations Act, B). Part II must contain a technical negotiated upon award of grant. All 2001, Public Law 106–554, 114 Stat. application that demonstrates the activities under the grant must be closed 2763A–10 (2000). applicant’s capabilities in accordance and all activities of the Grantee finalized with the Statement of Work and the by the end of September 2007. III. Application Process selection criteria. IV. Project Requirements A. Eligible Applicants To be considered responsive to this solicitation, the application must A. Statement of Work Any commercial, international, or consist of the above-mentioned separate non-profit organization with prior sections not to exceed 30 single-sided 1. Recognizing that child labor experience in increasing access to basic (81⁄2 × 11 inches), double-spaced, 10 to adversely impacts long-term poverty education (formal or non-formal) for 12 pitch typed pages. Any applications alleviation and future labor market disadvantaged groups, extensive that do not conform to these standards development, the emphasis of the international field presence, and a will be deemed non-responsive to this education innovations program must be demonstrated capacity to develop, solicitation and will not be evaluated. on the following: administer, monitor, and document the Standard forms and attachments are not a. Developing innovative strategies for education innovations program is included in the page limit. Each involving government and other social eligible for this cooperative agreement. application must include a table of partners in the development and A maximum of two organizations may contents and an abstract summarizing implementation of projects to provide submit one application under this the application in not more than two (2) education to all children in areas of high solicitation to work in partnership in pages. These pages are also not included prevalence of child labor, with priority performing all the specific work in the page limits. given to the worst forms of child labor requirements presented herein for the Upon completion of negotiations, the (as defined in ILO Convention No. 182). development and administration of the individual signing the SF 424 on behalf b. Developing relevant information, education innovations program. Prior of the applicant must be authorized to education, and communication experience in administering such bind the applicant. materials aimed at increasing awareness programs is highly desirable. at the local and national levels of the The capability of an applicant to C. Acceptable Methods of Submission importance of including child laborers perform necessary aspects of this Applications sent by e-mail, telegram, in Education for All initiatives. solicitation will be determined under or facsimile (FAX) will not be accepted. c. Promoting best practices and Section V.B—Rating Criteria and Applications sent by other delivery replicable programs that provide future Selection. services, such as Federal Express, UPS, strategies to improve educational access Please note that eligible cooperative etc., will be accepted; however, the and quality for children removed from agreement applicants must not be applicant bears the responsibility for child labor or at risk of being drawn into classified under the internal revenue timely submission. Because of delays in work. code as a 501(c)(4) entity. See 26 U.S.C. the receipt of mail in the Washington, d. Identifying policy, programs, and 501(c)(4). According to section 18 of the DC area, it is recommended that you practical measures in target countries to Lobbying Disclosure Act of 1995, an confirm receipt of your application by strengthen the capacity of national and organization, as described in section contacting Lisa Harvey, U.S. Department local institutions to support and sustain 501(c)(4) of the Internal Revenue Code of Labor, Procurement Services Center, the removal of children from work, and of 1986, that engages in lobbying telephone (202) 693–4570 (this is not a their placement and successful
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integration and achievement in c. Design an approach to monitor the and actual dates for the midterm review education settings. implementation of all projects funded, and final evaluation. e. Identifying approaches to increase evaluate education innovations program 4. Technical and Financial Progress local ownership and sustainability of outcomes and document potentially Reports. The Grantee must furnish a the programs. replicable or expandable activities. typed technical report to ILAB on a 2. All projects funded should support Corresponding indicators of quarterly basis by 31 March, 30 June, 30 one or more of the four goals of performance will be developed by the September, and 31 December. The USDOL’s Child Labor Education Grantee and approved by USDOL to Grantee must also furnish a separate Initiative listed in Section I.A. ensure compliance with the strategic financial report (SF–272) to ILAB on the 3. In response to this solicitation and objectives of the Child Labor Education quarterly basis mentioned above. The in subsequent implementation, the Initiative. format for the technical progress report Grantee shall: d. The Grantee will be expected to will be the format developed by ILAB a. Design a US $5 million program to monitor the implementation of the and must contain the following correspond to the strategic objectives of program, report to USDOL on a information: the Child Labor Education Initiative. quarterly basis, evaluate program a. For each project objective, an The program will have two components: results, and deliver final documentation accurate account of activities carried out at least US $4.25 million to be applied of best practices. The Grantee must under that objective during the towards funding grassroots education develop annual work plans that will be reporting period; innovations and the administration of approved by USDOL, one for the b. An accounting of staff and any the entire program, and up to US administration of the education subcontractor hours expended; $750,000 to fund the Grantee’s own innovations sub-contracts and another c. A description of current problems innovative activities that combat child for funds provided to the Grantee’s that may impede performance, and labor through education. When projects. Corresponding indicators of proposed corrective action; d. Future actions planned in support designing the program, the Grantee performance will also be developed by the Grantee and approved by USDOL. of each project objective; should consider the following elements: e. Aggregate amount of costs incurred composition of project selection B. Deliverables during the reporting period; and committee(s); means of advertising fund f. Progress on indicators of Unless otherwise indicated, the availability (so as to reach as broad a performance (to be reported annually). Grantee must submit copies of all population as possible); process to 5. Spotlight Stories. The Grantee will required reports to ICLP/ILAB by the manage sub-contracts; method for submit ‘‘spotlight stories’’ that highlight specified due dates. Other documents, disbursement of funds; and technical the activities and illuminate best such as project design documents, are to and financial reporting. Similar practices being undertaken by sub- be submitted by mutually agreed upon processes should be applied to funds for contractors to ILAB on an annual basis. the Grantee’s own programs as to sub- deadlines. All project activities must be 6. Presentation of Models. At both the contracts. completed and closed out by the end of halfway point and at the conclusion of b. Develop a process and criteria for September 2007. the program, the Grantee will present selection of organizations that will 1. Project Design. A project document ILAB with innovative models funded by receive funds to undertake efforts to in a format to be established by ILAB the education innovations program that improve access to quality, relevant will be used, and will include a address the four goals of USDOL’s Child education for child laborers and for background/justification section, project Labor Education Initiative. children at risk of working (see Section strategy (objectives, outputs, activities, 7. Evaluation Reports. The Grantee V.B.4 and V.B.5). Funds will be indicators), project implementation and the Grant Officer’s Technical awarded through sub-contracts to foster timetable, and project budget. The Representative (GOTR) will determine innovation in education. Projects project design will be drawn from the on a case-by-case basis whether an funded should vary in size: at least 15% application written in response to this internal or external evaluation team will of available funding should go to small solicitation. The document will also conduct the midterm evaluation of the sub-contracts (under US $10,000); at include sections that address education innovations program. The least 45% of available funds should go coordination strategies, project Grantee will respond to any comments to medium-size sub-contracts (US management, and sustainability. The and recommendations resulting from $10,000–$100,000); and no more than time for delivery of this document will the review of the midterm report. The 40% of available funding should go to be negotiated at the time of the award. final evaluation will be external in larger sub-contracts (US $100,000– 2. Annual Work Plan. An annual work nature. Terms of reference for the $250,000). Sub-contracts may not plan, in a mutually agreed-upon format evaluations must be provided to USDOL exceed US $250,000 and may be and preferably with a visual such as a for comments before evaluations are awarded in any country worldwide Gantt chart, will be developed within conducted. (even where the Grantee has no field two months of project award and presence). Distribution of grant money approved by ILAB. Subsequent annual C. Production of Deliverables across regions should be proportionate work plans will be delivered no later 1. Materials Prepared Under the to the need evident in those regions. than one year after the previous one. Cooperative Agreement. The Grantee The Grantee will advertise availability 3. Monitoring and Evaluation Plans. must submit to ILAB all media-related of funds as necessary and select By the end of the third month of the and educational materials developed by projects, with USDOL review and award, the Grantee must submit two it or by its sub-contractors before they approval of all requests for proposals. monitoring and evaluation plans: one are reproduced, published, or used. Funds from this portion of the grant for sub-contracts and another for funds ILAB considers that education materials may not be awarded to the Grantee’s provided to its own offices. These plans include brochures, pamphlets, own offices. Final approval of projects will be developed in collaboration with videotapes, slide-tape shows, curricula, selected for funding must be given by ILAB, and will include site visits, and any other training materials used in USDOL. reporting requirements, and planned the program. ILAB will review materials
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for technical accuracy. The Grantee costs will be made in accordance with before or after the cooperative must obtain prior approval from the the applicable Federal cost principles. agreement period of performance. Grant Officer for all materials developed The cooperative agreement(s) awarded Encumbrances/obligations outstanding or purchased under this cooperative under this SGA are subject to the as of the end of the cooperative agreement. All materials produced by following administrative standards and agreement period may be liquidated the Grantee must be provided to USDOL provisions, if applicable: (paid out) after the end of the in a digital format for possible 29 CFR Part 36—Federal Standards cooperative agreement period. Such publication by USDOL. for Nondiscrimination on the Basis of encumbrances/obligations shall involve 2. Acknowledgment of USDOL Sex in Education Programs or Activities only specified commitments for which a Funding. In all circumstances the Receiving Federal Financial Assistance. need existed during the grant period following must be displayed on printed 29 CFR Part 93—New Restrictions on and which are supported by approved materials: Lobbying. contracts, purchase orders, requisitions, 29 CFR Part 95—Uniform invoices, bills, or other evidence of Preparation of this item was funded by the Administrative Requirements for Grants United States Department of Labor under liability consistent with the Grantee’s Cooperative Agreement No. E–9–X–X–XXXX. and Agreements with Institutions of purchasing procedures and incurred Higher Education, Hospitals and Other within the cooperative agreement When issuing statements, press Non-Profit Organizations, and with period. All encumbrances/obligations releases, requests for proposals, bid Commercial Organizations, Foreign incurred during the cooperative solicitations, and other documents Governments, Organizations Under the agreement period shall be liquidated describing projects or programs funded Jurisdiction of Foreign Governments within 90 days after the end of the grant in whole or in part with Federal money, and International Organizations. period, if practicable. a Grantee receiving Federal funds must 29 CFR Part 96—Federal Standards 5. Site Visits. USDOL, through its clearly state: for Audit of Federally Funded Grants, authorized representatives, has the a. The percentage of the total costs of Contracts and Agreements. right, at all reasonable times, to make the program or project that will be 29 CFR Part 98—Federal Standards site visits to review project financed with Federal money; for Governmentwide Debarment and accomplishments and management b. The dollar amount of Federal funds Suspension (Nonprocurement) and control systems and to provide such for the project or program; and Governmentwide Requirements for technical assistance as may be required. c. The percentage and dollar amount Drug-Free Workplace (Grants). If USDOL makes any site visit on the of the total costs of the project or 29 CFR Part 99—Federal Standards premises of the Grantee or a sub- program that will be financed by non- for Audits of States, Local Governments, contractor under this grant, the Grantee governmental sources. and Non-Profit Organizations. shall provide and shall require its sub- In consultation with ILAB, 2. Sub-contracts. Sub-contracts must contractors to provide all reasonable identification of USDOL’s role will be be awarded in accordance with 29 CFR facilities and assistance for the safety determined to be one of the following: 95.40–48. In compliance with Executive and convenience of the Government (1) The USDOL logo may be applied Orders 12876 as amended, 13230, 12928 representatives in the performance of to USDOL-funded material prepared for and 13021 as amended, the Grantee is their duties. All site visits and world-wide distribution, including strongly encouraged to provide sub- evaluations shall be performed in a posters, videos, pamphlets, research contracting opportunities to Historically manner that will not unduly delay the documents, national survey results, Black Colleges and Universities, work. impact evaluations, best practice Hispanic Serving Institutions and Tribal reports, and other publications of global Colleges and Universities. No sub-grants V. Review and Selection of interest. The Grantee will consult with shall be awarded under this grant. Applications for Award USDOL on whether the logo should be 3. Key Personnel. The applicant shall A. The Review Process used on any such items prior to final list individual(s) who has (have) been draft or final preparation for designated as having primary USDOL will screen all applications to distribution. In no event will the responsibility for the conduct and determine whether all required USDOL logo be placed on any item until completion of all work in project(s) it elements are present and clearly USDOL has given the Grantee written proposes (see Section V.B.3). The identifiable. Each complete application permission to use the logo, after applicant will submit written proof that will be objectively rated by a technical obtaining appropriate internal USDOL key personnel will be available to begin panel against the criteria described in approval for use of the logo on the item. work on the project no later than three this announcement. Applicants are (2) If ILAB determines the logo is not weeks after award. The Grantee agrees advised that the panel recommendations appropriate and does not give written to inform the GOTR whenever it appears to the Grant Officer are advisory in permission, the following notice must impossible for these individual(s) to nature. The Grant Officer may elect to appear on the document: continue work on the project as select a Grantee on the basis of the planned. The Grantee may nominate initial application submission; or, the This document does not necessarily reflect the views or policies of the U.S. Department substitute personnel for approval of the Grant Officer may establish a of Labor, nor does mention of trade names, GOTR; however, the Grantee must competitive or technically acceptable commercial products, or organizations imply obtain prior approval from the Grant range for the purpose of selecting endorsement by the U.S. Government. Officer for all key personnel. If the Grant qualified applicants. If deemed Officer is unable to approve the appropriate, following the Grant D. Administrative Requirements personnel change, he/she reserves the Officer’s call for the preparation and 1. General. Grantee organizations are right to terminate the cooperative receipt of final revisions of applications, subject to applicable Federal laws agreement. the evaluation process described above (including provisions of appropriations 4. Encumbrance of Cooperative will be repeated to consider such law) and the applicable Office of Agreement Funds. Cooperative revisions. The Grant Officer will make Management and Budget (OMB) agreement funds may not be final selection determination based on Circulars. Determinations of allowable encumbered/obligated by the Grantee what is most advantageous to the
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Government and overall best value to (2) Method of solicitation: Detailed performance to measure the the Government, considering factors information on how the applicant achievement of the program objectives such as: Panel findings; demonstrated intends to provide information at the and documenting best practices. An capacity of the applicant to effectively country level regarding the availability analysis of management challenges that implement the proposed program; and of funds for innovative education may arise and how those will be the overall framework developed for the projects. handled should also be included in this implementation of activities. The Grant (3) Duration of sub-contracts: USDOL section, as well as where the Officer’s determination for award under stipulates that 15% of total funding responsibility for monitoring would lie this SGA is final. should go to small projects, 45% to within the program structure. Note: Selection of an organization(s) as a medium, and 40% to large, as defined b. Overview of funding option for the cooperative agreement recipient does not in Section IV.A.3.b. The applicant Grantee’s field offices (country level or constitute approval of the cooperative should provide information on the regional). Since the Grantee’s field agreement application as submitted. Before duration of sub-contracts; all program offices are precluded from competing the actual cooperative agreement is awarded, (including sub-contract) activities must for sub-contracts under the grassroots USDOL will enter into negotiations be completed and closed out by the end component of the education innovations concerning such items as program of September 2007). program, the Grantee will be provided components, administrative systems, (4) Process of project selection: The with up to US $750,000 for the selection process for sub-contractors, and process established to select projects to promotion of its own innovative and monitoring and evaluation systems. If the negotiations do not result in an acceptable be funded through sub-contracts must promising activities, centering on the submission, the Grant Officer reserves the be competitive. Deadlines for theme of education for children at work right to terminate the negotiation and decline submission of applications must be or at risk of work. All activities to fund the application. fixed (no rolling deadlines), but there supported by these funds must may be multiple competitive deadlines. correspond to the Child Labor B. Rating Criteria and Selection All funds must be obligated by January Education Initiative strategic objectives; The technical panel will review 2005. The applicant should explain how examples of activities that might be applications against the various criteria sub-contractors will be selected, funded are located in Appendix C. The on the basis of 100 points with an including means of selection; types of activities planned are subject to USDOL additional 5 points available for non- individuals and/or organizations likely final approval. This section of the federal or leveraged resources. to be involved in the selection process; application should explain: The factors are presented in the order and administrative level(s) at which (1) Selection and administration: The of emphasis that they will receive. selection takes place. USDOL retains applicant’s proposed method for administering the US $750,000 1. Approach, Understanding of the approval power prior to the final component of this award to be Issue, and Budget Plan (45 points). selection of any project. disbursed to its field offices; This section of the application must (5) Criteria for project selection: The Grantee will review and accept (2) Technical Sample of a proposed demonstrate the applicant’s thorough project. The applicant must create one knowledge and understanding of the proposals for innovative grassroots education projects from organizations (1) model work plan of a proposed overall issues involved in providing and project. For this competition, the work advocating for basic education to around the world. Successful proposals will support the four strategic objectives plan is merely an example of a project children removed from exploitative which might be funded with the US work or at risk of working; best-practice of the Child Labor Education Initiative and will be funded through sub- $750,000 provided to the Grantee for solutions to address their needs; and the activities by its own organization that implementing environment in the contracts. The Grantee will develop criteria for the selection of projects. In correspond to the strategic objectives of countries proposed for targeting under the Child Labor Education Initiative. It the application. this section, the applicant should provide preliminary criteria with will not necessarily be funded under the a. Structure of the education accompanying rationale to explain the grant, although the successful applicant innovations program. This section of the criteria selected. The criteria should will not be precluded from considering application must explain the applicant’s include the following required this work plan for funding under the proposed method for performing all the elements: terms of the agreement. This work plan specific work requirements presented in (a) Demonstrated financial viability; must be one that could realistically be this solicitation for the development (b) Local registration in the host put into practice by the field office and administration of the education country; named and must include actual data, innovations program as listed in Section (c) Bank account in the organization’s beneficiaries and staffing, and realistic IV.A. The applicant must explain the name; and assessments of what could be rationale for its approach. This section (d) Potential for sustainability through accomplished with the amount of funds should include: local contributions of monetary or non- provided by the project. USDOL will (1) Number of countries targeted: Sub- monetary resources. consider the design of the proposal, the contracts may be awarded in countries (6) Funds disbursement: The creativity of the various activities where the Grantee has no field office, applicant should provide information proposed, and the types of resources to but specific information must be on how funds will be provided to sub- be utilized under the proposal. (Please provided on how the applicant intends contractors and what types of financial note that the project presented in the to select and monitor all sub-contracted controls will be instituted to ensure technical sample need not utilize the projects [see (4) and (7) below], proper use of funds by sub-contractors entire US $750,000.) The applicant including designating the office and the overall programmatic message. should address the following points: responsible for those sub-contracts. This Funds must be disbursed in accordance (a) Describe the use of existing or section must also provide a plan to with 29 CFR 95.22. potential infrastructure of the field ensure regional and country diversity in (7) Monitoring and Evaluation: The office and the use of existing qualified the overall education innovations applicant should describe the process personnel, including qualified program. for systematically reporting on project nationals, to implement the project. The
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applicant should include a project (3) The identity of the individual(s) (3) The dollar value of the grant, organizational chart demonstrating responsible for the development and contract, or cooperative agreement for management structure, personnel, and management of the program and the the project; indicating proposed links with lines of authority between the (4) The time frame and professional Government, business leaders, trade individuals; and effort involved in the project; unions, and relevant local organizations (4) A detailed explanation of the (5) A brief summary of the work (e.g., community-based or faith-based monitoring and supervision system that performed; and groups) in the country in which the applicant will implement in order to (6) A brief summary of proposed activities would take place. ensure appropriate management of the accomplishments. However, the development of such links education innovations program at both (7) Additional capability may be is not necessary and applicants will not the Grantee and the sub-contractor level. demonstrated if one or more of the staff receive any extra points for actual The staff loading plan should identify members to be assigned to oversee the communications with those all key tasks and the person-days education innovations program has organizations, or for the creation of an required to complete each task. Labor experience in the following areas: infrastructure in that country for this estimates for each task should be broken (a) Basic education (including student competitive grant process. down by individuals assigned to the assessment, teacher training, (b) Develop a list of activities and task at the Grantee level, including sub- educational materials, educational explain how each relates to the overall contractors and consultants. All key management, educational monitoring objective of providing basic education to tasks should be charted by months or and information systems); and child laborers or to children at risk of weeks to show time required to perform (b) Education policy as it affects any work. them. disadvantaged population. (c) Show how the project’s objectives This section will be evaluated in c. Program Management Experience. relate to the applicant’s existing accordance with applicable Federal Prior experience at the organizational activities and objectives on education. laws and regulations. The budget must level managing numerous projects c. Implementation Plan. The comply with Federal cost principles involving awarding funds to outside applicant must submit an (which can be found in the applicable organizations (e.g., small projects implementation plan, preferably with a OMB Circulars) and with ILAB budget programs) is preferred. The applicant visual such as a Gantt chart. The requirements contained in the must provide evidence of such implementation plan must list the application instructions in Section IV.D experience, including: outcomes, objectives, outputs and of this solicitation. (1) Total budget of the program; 2. Experience and Qualifications of (2) Administrative costs as percentage activities during the life of the program, the Organization (30 points). of total budget; and scheduling of staff time, starting The evaluation criteria in this (3) Source of funds (e.g., donor); with the execution of the cooperative category are as follows: (4) Size, number, and duration of agreement and ending with the final a. Field Presence. The applicant must grants/contracts awarded; report and documentation of innovative have international field presence. The (5) Number of countries in which models. Applicants should provide applicant should provide USDOL with a money was awarded; and information on the approach for listing of all its offices in both regions (6) Types of organizations to whom producing all required deliverables and as well as countries or how the funds were awarded. any additional outputs/deliverables it applicant plans to establish the e. Sound Financial System. The proposes to accomplish under the necessary field presence for the projects. results of an independent financial overall program. Preference may be given to applicants audit must accompany the application. d. Budget Plan. This section of the with more extensive field presence. The f. Monitoring System. The applicant application must contain the applicant’s applicant should also show ability to must present evidence of a system of budget plan for developing and support field offices through monitoring programs and documenting administering both portions of the infrastructure, communication systems, results that is already in place. education innovations program, technical assistance, and other systems g. Partnership. If two organizations providing data on the costs for that enhance capacity to perform in are applying for the award in the form performing all of the requirements difficult field environments. of a partnership, they must demonstrate presented in this solicitation and for b. Education Experience. The an approach to ensure successful producing all required reports and other applicant must demonstrate that it has collaboration including clear deliverables listed. Costs must include experience in basic education (formal or delineation of respective roles and labor, equipment, travel, and other non-formal), preferably working with responsibilities. The applicants must related costs. Preference may be given to disadvantaged populations such as also identify the lead organization and applicants with lower administrative working children and children removed submit the partnership agreement. costs. from child labor. The applicant’s (Please note that points will be neither e. Management and Staff Loading capability may be demonstrated by awarded nor deducted for partnership Plan. This section must include a submitting evidence in an annex on the formation as long as a collaborative management and staff loading plan. The number of contracts or grants with other capability can be shown.) management plan should include the organizations and the length of time of 3. Experience and Qualifications of Key following: those contracts or grants. The annex Personnel (25 points). (1) Location of the office that will should include the following coordinate the administration of the information on the applicant’s This section of the application must education innovations program; education projects: include sufficient information to judge (2) A project organization chart and (1) The organization for/with which the quality and competence of staff accompanying narrative which the work was done, as relevant; proposed to be assigned to the differentiates between elements of the (2) A contact person in that education innovations program to applicant’s staff and sub-contractors or organization with his/her current phone assure that staff meet the required consultants who will be retained; number; qualifications. Successful performance
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of the proposed work depends heavily widespread global dissemination of the grant, and must propose candidates for on the qualifications of the individuals objectives and requirements of the the position. The duties of the personnel committed to the program. Accordingly, education innovations program, and should be clearly defined in terms of in evaluating the application later of its results. The Director must role performed, e.g., manager, team considerable emphasis will be placed on have a minimum of three years of leader, consultant, etc. Resumes should the applicant’s commitment of leadership experience in the fields of be included in the annex. personnel who are qualified to international development, 4. Leverage of Funding (5 points). accomplish the assigned tasks. international education, The Department will give up to five Individuals designated as key personnel communications, or implementation of (5) additional rating points to must sign letters of agreement to serve programs and projects in developing applications that include non-Federal and indicate availability to commence and emerging countries. Experience in resources that significantly expand the work within three weeks of grant award. strategic planning, strategic dollar amount, size and scope of the The applicant should include a communications, and monitoring and application. The applicant may include resume for each professional to be evaluation is preferred. Points will be any leveraging or co-funding assigned to the program in an annex. At given for candidates with additional anticipated. To be eligible for the a minimum, each resume should years of experience. include: the individual’s educational b. Program Manager (Key Personnel). additional points in the criterion, the background, current employment status The Program Manager will take care of applicant must list the source(s) of and previous work experience, the day-to day operations of the funds, the nature, and possible activities including position title, duties education innovations program. He/She anticipated with these funds under this performed, dates in position, and must have a minimum of three years of cooperative agreement and any employing organizations. The resume professional experience with the partnerships, linkages or coordination of should highlight the special capabilities management of similar programs. activities, cooperative funding, etc. of the individual that demonstrate prior Preferred candidates will also have Signed in Washington, DC, this 12th day of experience in organizing, managing and knowledge of child labor issues and April, 2002. performing similar efforts. experience in the development and Lawrence J. Kuss, a. Program Director (Key Personnel). management of basic education Grant Officer. The Program Director will provide programs in developing countries in Appendix A: SF 424—Application leadership, vision and technical areas such as education policy, Form. expertise to be applied to the improving educational quality and Appendix B: SF 424A—Budget development of the education access, and monitoring and evaluation Information Form. innovations program including thematic of basic education projects. content, award criteria, approaches to c. Other staff. The applicant must Appendix C: Guidelines for Project encourage innovation, and development identify other (not key personnel) staff Selection. of a communications strategy to ensure positions required to implement this BILLING CODE 4510–28–P
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BILLING CODE 4510–28–C
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Note: Use Column A to record funds organizations on objectives that buttress areas such as leadership, management, requested for the initial period of USDOL’s Child Labor Education Initiative’s strategic planning, educational finance, performance (i.e. 12 months, 18 months, four broad objectives: implementation of policy change, and etc.); Column B to record changes to Column 1. Raise awareness of the importance of outreach to constituencies in order to A (i.e. requests for additional funds or line education for all children and mobilize a effectively implement education programs item changes; and Column C to record the wide array of actors to improve and expand that benefit child laborers; the development totals (A plus B). education infrastructures. and/or strengthening of monitoring and Actions under this objective will include evaluation of the educational status and Instructions for Part II—Budget awareness raising, development of multi- performance of children removed from work Information sectoral partnerships and networks in or at risk of entering the workforce. support of the education of child workers in 4. Ensure the long-term sustainability of Section A—Budget Summary by target countries/worldwide, and making these efforts. Categories child workers a key target group in Projects to be funded under the education 1. Personnel: Show salaries to be paid ‘‘Education for All’’ and basic education innovations program to correspond to this initiatives in target countries. Relevant objective could include the development of for project personnel which you are Education for All and Dakar Framework for required to provide with W2 forms. strategies for increasing resources for the Action targets include: (1) early childhood education of children removed from child 2. Fringe Benefits: Indicate the rate education and care; (2) primary education; labor; strengthening the capacity of and amount of fringe benefits. (3) learning achievement and outcomes; (4) organizations in the target countries to 3. Travel: Indicate the amount training in essential skills; and (5) education mobilize resources and develop volunteer requested for staff travel. Include funds for better living. Partnerships and networks and other programs that benefit children to cover at least one trip to Washington, can include organizations of parents, removed from work or at risk of entering the DC for project director or designee. teachers, the private sector, NGOs, the media, workforce; the development of corporate 4. Equipment: Indicate the cost of and faith-based organizations interested in citizen and philanthropic education promoting the welfare and education of non-expendable personal property that initiatives that benefit children removed from children and the reduction and eventual work or at risk of entering the workforce. has a useful life of more than one year elimination of child labor. with a per unit cost of $5,000 or more. 2. Strengthen formal and transitional [FR Doc. 02–9517 Filed 4–17–02; 8:45 am] Also include a detailed description of education systems that encourage working BILLING CODE 4510–28–P equipment to be purchased including children and those at risk of working to price information. attend school. 5. Supplies: Include the cost of All actions under this objective will DEPARTMENT OF LABOR consumable supplies and materials to be correspond to the needs of children removed used during the project period. from work and children at risk of working Mine Safety and Health Administration 6. Contractual: Show the amount to and could include pilot direct action programs to test approaches to the retention Petitions for Modification be used for (1) procurement contracts and academic success of these special target (except those which belong on other groups. Projects to be funded under the The following parties have filed lines such as supplies and equipment); education innovations program could petitions to modify the application of and (2) sub-contracts/grants. include targeted teacher training to improve existing safety standards under section 7. Other: Indicate all direct costs not classroom methods and strengthen the 101(c) of the Federal Mine Safety and clearly covered by lines 1 through 6 capacity of educators to nurture the academic Health Act of 1977. above, including consultants. success of children removed from child 8. Total, Direct Costs: Add lines 1 labor; development and field testing of 1. Consolidation Coal Company learning materials that improve educational through 7. [Docket No. M–2002–028–C] 9. Indirect Costs: Indicate the rate and quality and are relevant to communities where working children live; development or Consolidation Coal Company, Consol amount of indirect costs. Please include improvement of pre-vocational and Plaza, 1800 Washington Road, a copy of your negotiated Indirect Cost vocational programs; innovative partnerships Pittsburgh, Pennsylvania 15241–1421 Agreement. with the private sector and other has filed a petition to modify the 10. Training /Stipend Cost: (If organizations to enhance the relevance of application of 30 CFR 75.364(b)(2) allowable). schooling for children and to provide 11. Total Federal funds Requested: marketable skills for children reaching (Weekly examination) to its Loveridge Show total of lines 8 through 10. employable age; development and pilot No. 22 Mine (I.D. No. 46–01433) located testing of pre-school and extracurricular/ in Marion County, West Virginia. The Section B—Cost Sharing/Matching enrichment activities for children removed petitioner requests that the Proposed Summary from work or at risk of entering the Decision and Order for its previously workforce. granted petition for modification, docket Indicate the actual rate and amount of 3. Strengthen national institutions and cost sharing/matching when there is a number M–93–275–C, be amended as it policies on education and child labor. relates to air courses ventilating the No. cost sharing/matching requirement. Projects to be funded under the education Also include percentage of total project innovations program to correspond with this 3 North seals and the No. 2–1/2 North cost and indicate source of cost sharing/ objective could include country assessments seals at the Loveridge No. 22 Mine. The matching funds, i.e. other Federal with recommendations on how to effectively petitioner requests that paragraph 4 of source or other Non-Federal source. incorporate child laborers as a target group in the PDO be amended to permit a Education for All and other national basic Note: Please include a Detailed cost certified person to conduct weekly education policies; activities such as analysis of each line item. examinations of each of the eight (8) conferences and workshops that encourage monitoring stations to evaluate the Appendix C: Guidelines for Project consultation and joint policy and program quality of (methane and oxygen content Selection. planning among national institutions measured by a hand held instrument) working in education and child labor policy; In developing their proposals, potential provision of training and technical assistance and the quantity of air entering and sub-contractors should propose an approach to staff of key organizations (e.g., education exiting the monitoring station, and to that will support the goals of USDOL’s Child system and school administrators, teachers’ determine air course leakage. The Labor Education Initiative. The Grantee will unions, policy units in Ministries of target petitioner asserts that the proposed review and accept proposals for funding from countries, etc.) to increase their capacity in alternative method would provide at
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least the same measure of protection as No. 01–02901) located in Jefferson battery plugs would result in the existing standard. County, Alabama. The petitioner diminution of safety to the miners. requests a modification of that part of 2. Consolidation Coal Company the existing standard that pertains to 7. Chestnut Coal [Docket No. M–2002–029–C] circuits interruption by an approved [Docket No. M–2002–034–C] Consolidation Coal Company, Consol ground check device causing a circuit Chestnut Coal, R.D. 3, Box 142B, Plaza, 1800 Washington Road, breaker to open. The petitioner proposes Pittsburgh, Pennsylvania 15241–1421 to interrupt the low- and medium Sunbury, Pennsylvania 17801 has filed has filed a petition to modify the voltage circuits with ground check a petition to modify the application of application of 30 CFR 75.364(b)(2) relays used in conjunction with fully 30 CFR 75.1312(a) (Explosives and (Weekly examination) to its Loveridge rated contactors in lieu of circuit detonators in underground magazines) No. 22 Mine (I.D. No. 46–01433) located breakers. The petitioner states that this to its No. 10 Slope Mine (I.D. No. 36– in Marion County, West Virginia. The circuit arrangement would be used on 07059) located in Northumberland petitioner requests a modification of low- and medium voltage power County, Pennsylvania. The petitioner that part of the existing standard that distribution circuits necessary for belt requests a modification of the existing requires a certified person to make a conveyor operation. The petitioner standard to permit the quantity of weekly examination of the return air asserts that the proposed alternative explosives kept underground to be more course from the Back Door Seals and the method would provide at least the same than the maximum 48 hour supply. The 2 East Seals through the Main South measure of protection as the existing petitioner proposes to transport headings to the Sugar Run return fan. standard. explosive powder underground once a The petitioner proposes to establish week and store the powder in an evaluation check points 1 through 9 to 5. Fools Gold Energy Corporation adequate storage magazine located in a insure proper ventilation between the [Docket No. M–2002–032–C] dry area instead of storing a 48-hour Back Door Seals and 2 East Seals area supply of powder. The petitioner states through the Main South headings to the Fools Gold Energy Corporation, 2255 that the powder would be used on a Sugar Run return fan instead of Upper Johns Creek Road, Kimper, regular basis and any powder left over conducting weekly examinations of the Kentucky 41539 has filed a petition to from the previous week would be entire area. The petitioner asserts that modify the application of 30 CFR 75.503 rotated so that the old supply is used the proposed alternative method would (Permissible electric face equipment; first. The petitioner also states that if the provide at least the same measure of maintenance) and 30 CFR 18.41(f) (Plug mine is idle for an extended period of and receptacle-type connectors) to its protection as the existing standard. time, any powder left in the magazine No. 4 Mine (I.D. No. 15–16036) located would be removed from the mine and 3. Warrior Coal, LLC in Pike County, Kentucky. The sent back to the supplier. The petitioner petitioner proposes to use permanently [Docket No. M–2002–030–C] asserts that the proposed alternative installed, spring-loaded locking devices Warrior Coal, LLC, P.O. Box Drawer method would provide at least the same to secure battery plugs on mobile 1210, Madisonville, Kentucky 42431 has battery-powered machines to prevent measure of protection as the existing filed a petition to modify the unintentional loosening of the battery standard. application of 30 CFR 75.1103–4(a) plugs from battery receptacles, and to (Automatic fire sensor and warning 8. Drummond Company, Inc. eliminate the potential hazards device systems; installation; minimum associated with difficult removal of [Docket No. M–2002–035–C] requirements) to its Cardinal Mine (I.D. padlocks during emergency situations. No. 15–17216) located in Hopkins Drummond Company, Inc., P.O. Box The petitioner asserts that using County, Kentucky. The petitioner 10246, Birmingham, Alabama 35202– padlocks to secure battery plugs would requests a modification of the existing 0246 has filed a petition to modify the result in diminution of safety to the standard to permit a carbon monoxide application of 30 CFR 75.900 (Low- and miners. detection system to be installed in belt medium-voltage circuits serving three- entries to identify a sensor location in 6. Grace Mining, Inc. phase alternating current equipment; lieu of identifying each belt flight. The circuit breakers) to its Shoal Creek Mine petitioner proposes to install a carbon [Docket No. M–2002–033–C] (I.D. No. 01–02901) located in Jefferson monoxide monitoring system as an early Grace Mining, Inc., P.O. Box 520, County, Alabama. The petitioner warning fire detection system in all belt Virgie, Kentucky 41572 has filed a requests a modification of the existing entries. The petitioner has outlined petition to modify the application of 30 standard that pertain to the use of specific procedures in this petition that CFR 75.503 (Permissible electric face circuit breakers to provide undervoltage would be used when implementing this equipment; maintenance) and 30 CFR and grounded phase protection to low- proposed alternative method. The 18.41(f) (Plug and receptacle-type and medium voltage circuits. The petitioner asserts that the proposed connectors) to its No. 4 Mine (I.D. No. petitioner proposes to interrupt the low- alternative method would provide at 15–16583) located in Pike County, and medium voltage circuits with least the same measure of protection as Kentucky. The petitioner proposes to ground check relays used in conjunction the existing standard. use permanently installed, spring- with fully rated contactors in lieu of using circuit breakers. The petitioner 4. Drummond Company, Inc. loaded locking devices to secure battery plugs on mobile battery-powered states that this circuit arrangement [Docket No. M–2002–031–C] machines to prevent unintentional would be used on low- and medium Drummond Company, Inc., P.O. Box loosening of the battery plugs from voltage power distribution circuits 10246, Birmingham, Alabama 35202– battery receptacles, and to eliminate the necessary for belt conveyor operation. 0246 has filed a petition to modify the potential hazards associated with The petitioner asserts that the proposed application of 30 CFR 75.902 (Low- and difficult removal of padlocks during alternative method would provide at medium-voltage ground check monitor emergency situations. The petitioner least the same measure of protection as circuits) to its Shoal Creek Mine (I.D. asserts that using padlocks to secure the existing standard.
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9. New Century Mining, Inc. 11. Coastal Coal—West Virginia, LLC 2. Current OMB approval number: [Docket No. M–2002–036–C] [Docket No. M–2002–038–C] 3150–0146. 3. How often the collection is New Century Mining, Inc., P.O. Box Coastal Coal—West Virginia, LLC, required: On occasion. 1781, Alabaster, Alabama 35007–1781 Brooks Run Operation, 61 Missouri Run 4. Who is required or asked to report: has filed a petition to modify the Road, Cowen, West Virginia 26206 has All licensees authorized to construct or application of 30 CFR 77.214(a) (Refuse filed a petition to modify the operate a nuclear power reactor and all piles; general) to its Pineywoods application of 30 CFR 75.1002 (Location licensees authorized to possess, use, or Preparation Plant (I.D. No. 01–02976) of trolley wires, trolley feeder wires, transport unirradiated Category 1 located in Shelby County, Alabama. The high-voltage cables and transformers) to nuclear material. petitioner requests a modification of the its Mine No. 4A East (I.D. No. 46–07125) 5. The number of annual respondents: existing standard to permit construction located in Webster County, West 74. of a coarse refuse disposal area, Coarse Virginia. The petitioner proposes to use 6. The number of hours needed Refuse Disposal Area No. 5, within the continuous mining machines with annually to complete the requirement or face-up area of the abandoned Kodiak nominal voltage power circuits not to request: 63,284 (6265 hours of reporting Mine No. 1. The petitioner proposes to exceed 2,400 volts at its Mine No. 4A burden and 57,019 hours of cover the existing sealed entries with East. The petitioner asserts that the recordkeeping burden). additional impervious, non-combustible proposed alternative method would 7. Abstract: 10 CFR part 26, ‘‘Fitness earthen material which would contain provide at least the same measure of for Duty Program,’’ requires licensees of enough fines to ensure an airtight seal protection as the existing standard. nuclear power plants and licensees and place the material in lifts not to Request for Comments authorized to possess, use, or transport exceed 12 inches. The petitioner has unirradiated Category 1 nuclear material listed in this petition specific Persons interested in these petitions to implement fitness-for-duty programs procedures that would be used when are encouraged to submit comments via to assure that personnel are not under implementing its proposed alternative e-mail to ‘‘[email protected],’’ or on the influence of any substance or method. The petitioner asserts that a computer disk along with an original mentally or physically impaired, to application of the existing standard hard copy to the Office of Standards, retain certain records associated with would result in a diminution of safety Regulations, and Variances, Mine Safety the management of these programs, and to the miners and that the proposed and Health Administration, 4015 to provide reports concerning alternative method would provide at Wilson Boulevard, Room 627, significant events and program least the same measure of protection as Arlington, Virginia 22203. All performance. Compliance with these the existing standard. comments must be postmarked or program requirements is mandatory for 10. Rivers Edge Mining, Inc. received in that office on or before May licensees subject to 10 CFR part 26. 20, 2002. Copies of these petitions are Submit, by June 17, 2002, comments [Docket No. M–2002–037–C] available for inspection at that address. that address the following questions: Rivers Edge Mining, Inc., 1970 Barrett 1. Is the proposed collection of Court, P.O. Box 1990, Henderson, Dated at Arlington, Virginia this 15th day of April, 2002. information necessary for the NRC to Kentucky 42420 has filed a petition to Marvin W. Nichols, Jr., properly perform its functions? Does the modify the application of 30 CFR 75.503 information have practical utility? (Permissible electric face equipment; Director, Office of Standards, Regulations, and Variances. 2. Is the burden estimate accurate? maintenance) and 30 CFR 18.41(f) (Plug 3. Is there a way to enhance the [FR Doc. 02–9483 Filed 4–17–02; 8:45 am] and receptacle-type connectors) to its quality, utility, and clarity of the Rivers Edge Mine (I.D. No. 46–08890) BILLING CODE 4510–43–P information to be collected? located in Boone County, West Virginia. 4. How can the burden of the The petitioner proposes to use a information collection be minimized, threaded ring and a spring-loaded NUCLEAR REGULATORY including the use of automated device instead of a padlock on all COMMISSION collection techniques or other forms of battery plug connectors on mobile information technology? Agency Information Collection battery-powered machines used inby the A copy of the draft supporting Activities: Proposed Collection; last open crosscut to prevent the plug statement may be viewed free of charge Comment Request connector from accidently disengaging at the NRC Public Document Room, One while under load. Warning tags stating AGENCY: U.S. Nuclear Regulatory White Flint North, 11555 Rockville ‘‘Do Not Disengage Plugs Under Load’’ Commission (NRC). Pike, Room O–1 F23, Rockville, MD will be placed on all battery plug ACTION: Notice of pending NRC action to 20852. OMB clearance requests are connectors on the battery-powered submit an information collection available at the NRC worldwide web machines. The petitioner states that request to OMB and solicitation of site: http://www.nrc.gov/public-involve/ training in the safe practices and public comment. doc-comment/omb/index.html. The provision for compliance with its document will be available on the NRC proposed alternative method would be SUMMARY: The NRC is preparing a home page site for 60 days after the provided to all persons who are submittal to OMB for review of signature date of this notice. required to operate or maintain the continued approval of information Comments and questions about the battery-powered machines. The collections under the provisions of the information collection requirements petitioner asserts that application of the Paperwork Reduction Act of 1995 (44 may be directed to the NRC Clearance existing standard would result in a U.S.C. Chapter 35). Officer, Brenda Jo. Shelton, U.S. Nuclear diminution of safety to the miners and Information pertaining to the Regulatory Commission, T–6 E6, that the proposed alternative method requirement to be submitted: Washington, DC 20555–0001, by would provide at least the same 1. The title of the information telephone at 301–415–7233, or by measure of protection as the existing collection: 10 CFR part 26, ‘‘Fitness for Internet electronic mail at standard. Duty Program’’. [email protected].
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Dated at Rockville, Maryland, this 12th day including the use of automated OPM anticipates that approximately of April 2002. collection techniques or other forms of 100 Forms OF–311 will be completed For the Nuclear Regulatory Commission. information technology? annually for OPM employees and that Beth C. St. Mary, A copy of the draft supporting each form takes approximately 10 Acting NRC Clearance Officer, Office of the statement may be viewed free of charge minutes to complete. The annual Chief Information Officer. at the NRC Public Document Room, One estimated burden is 17 hours or less. [FR Doc. 02–9484 Filed 4–17–02; 8:45 am] White Flint North, 11555 Rockville OPM anticipates, however, that many BILLING CODE 7590–01–P Pike, Room O–1 F23, Rockville, MD other Federal agencies will suggest that 20852. OMB clearance requests are creditors complete the Form OF–311. available at the NRC worldwide web For copies of this proposal, contact NUCLEAR REGULATORY site: http://www.nrc.gov/public-involve/ Mary Beth Smith-Toomey on (202) 606– COMMISSION doc-comment/omb/index.html. The 8358, E-mail to [email protected], or document will be available on the NRC by FAX at 202–418–3251. Please Agency Information Collection home page site for 60 days after the include a mailing address with your Activities: Proposed Collection; signature date of this notice. request. Comment Request Comments and questions about the information collection requirements DATES: Comments on this proposal AGENCY: Nuclear Regulatory may be directed to the NRC Clearance should be received on or before May 20, Commission (NRC). Officer, Brenda Jo. Shelton, U.S. Nuclear 2002. ACTION: Notice of pending NRC action to Regulatory Commission, T–6 E6, ADDRESSES: Send or deliver comments submit an information collection Washington, DC 20555–0001, by to: request to OMB and solicitation of telephone at 301–415–7233, or by James S. Green, Associate General public comment. Internet electronic mail at Counsel, Office of General Counsel, [email protected]. SUMMARY: The NRC is preparing a U.S. Office of Personnel Management, submittal to OMB for review of Dated at Rockville, Maryland, this 12th day 1900 E Street, NW., Room 7553, continued approval of information of April 2002. Washington, DC 20415 collections under the provisions of the For the Nuclear Regulatory Commission. and Paperwork Reduction Act of 1995 (44 Beth St. Mary, Joseph Lackey, OPM Desk Officer, U.S.C. Chapter 35). Acting NRC Clearance Officer, Office of the Office of Information and Regulatory Information pertaining to the Chief Information Officer. Affairs, Office of Management and requirement to be submitted: [FR Doc. 02–9485 Filed 4–17–02; 8:45 am] Budget, New Executive Office 1. The title of the information BILLING CODE 7590–01–P Building, NW., Room 10235, collection: 48 CFR part 20, Nuclear Washington, DC 20503. Regulatory Commission Acquisition FOR FURTHER INFORMATION REGARDING Regulation (NRCAR). OFFICE OF PERSONNEL ADMINISTRATIVE COORDINATION CONTACT: 2. Current OMB approval number: MANAGEMENT Jill Gerstenfield, Attorney, Office of the 3150–0169. General Counsel, (202) 606–1700. 3. How often the collection is Submission for OMB Review; Office of Personnel Management. required: On occasion; one time. Comment Request for Reinstatement Kay Coles James, 4. Who is required or asked to report: of an Information Collection: OF–311 Offerors responding to NRC solicitations Director. and contractors receiving awards from AGENCY: Office of Personnel [FR Doc. 02–9365 Filed 4–17–02; 8:45 am] NRC. Management. BILLING CODE 6325–48–M 5. The number of annual respondents: ACTION: Notice. 355. SUMMARY: In accordance with the 6. The number of hours needed SECURITIES AND EXCHANGE Paperwork Reduction Act of 1995 (Pub. annually to complete the requirement or COMMISSION request: 26,088 hours (7.3 hours per Law 104–13, May 22, 1995), this notice response). announces that the Office of Personnel Issuer Delisting: Notice of Application 7. Abstract: The mandatory Management (OPM) has submitted to to Withdrawal From Listing and requirements of the NRCAR implement the Office of Management and Budget a Registration on the American Stock and supplement the government-wide request for reinstatement of an Exchange LLC (DRS Technologies, Federal Acquisition Regulation, and information collection, the voluntary Inc., Common Stock, par Value $.01 ensure that the regulations governing Application for Federal Employee per Share) File No. 1–8533 the procurement of goods and services Commercial Garnishment (OF–311). The within the NRC satisfy the needs of the application may be completed by the April 12, 2002. agency. creditors of Federal employees. The DRS Technologies, Inc. (‘‘Issuer’’), a Submit, by June 17, 2002, comments application facilitates the processing of Delaware corporation, has filed an that address the following questions: a wide variety of commercial application with the Securities and 1. Is the proposed collection of garnishment orders issued by various Exchange Commission (‘‘Commission’’), information necessary for the NRC to State and local jurisdictions. The pursuant to section 12(d) of the properly perform its functions? Does the application provides information about Securities Exchange Act of 1934 information have practical utility? commercial garnishment orders and (‘‘Act’’)1 and Rule 12d2–2(d) 2. Is the burden estimate accurate? facilitates the processing of commercial thereunder,2 to withdraw its Common 3. Is there a way to enhance the garnishments by Federal agencies in a Stock, par value $.01 per share quality, utility, and clarity of the uniform manner that otherwise would (‘‘Security’’), from listing and information to be collected? not be possible. 4. How can the burden of the OPM did not receive any comments as 1 15 U.S.C. 78l(d). information collection be minimized, a result of the 60-Day Notice. 2 17 CFR 240.12d2–2(d).
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registration on the American Stock application with the Securities and SECURITIES AND EXCHANGE Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’). Exchange Commission (‘‘Commission’’), COMMISSION The Issuer stated in its application pursuant to section 12(d) of the that it has met the requirements of [Release No. 34–45744; File No. SR–CHX– Securities Exchange Act of 1934 2000–08] Amex Rule l8 by complying with all (‘‘Act’’) 1 and Rule 12d2–2(d) applicable laws in effect in the State of thereunder,2 to withdraw its Common Self-Regulatory Organizations; The Delaware, in which it is incorporated, Stock, $.01 par value (‘‘Security’’), from Chicago Stock Exchange, Inc.; Order and with the Amex’s rules governing an listing and registration on the Chicago Granting Approval of Proposed Rule issuer’s voluntary withdrawal of a Stock Exchange, Inc. (‘‘CHX’’ or Change and Amendment No. 1, and security from listing and registration. ‘‘Exchange’’). Notice of Filing and Order Granting On February 20, 2002, the Board of Accelerated Approval of Amendment Directors (‘‘Board’’) of the Issuer The Issuer states in its application No. 2 to the Proposed Rule Change, to adopted resolutions to terminate the that it has met the requirements of the Establish a Board Review Process for listing of its Security on the Amex and CHX Article XXVIII, Rule 4, by Decisions of the Exchange’s to list its Security on the New York complying with Exchange’s rules Committee on Specialist Assignment Stock Exchange, Inc. (‘‘NYSE’’), governing an issuer’s voluntary and Evaluation Regarding Specialist effective April 30, 2002. The Issuer withdrawal of a security from listing Firm Consolidations stated that the Board took such action in and registration. In making the decision order to avoid the direct and indirect to withdraw the Security from listing April 12, 2002. cost and the division of the market and registration on the CHX, the Issuer I. Introduction resulting from dual listing on the Amex considered (i) the cost associated with and NYSE. On March 17, 2000, the Chicago Stock maintaining such listing and (ii) the Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’) The Issuer’s application relates solely Security’s low trading volume. The to the withdrawal of the Security from filed with the Securities and Exchange Issuer determined that the benefits of Commission (‘‘Commission’’ or ‘‘SEC’’), listing and registration on the Amex and continued listing of the Security on the shall have no effect upon the Security’s pursuant to section 19(b)(1) of the Exchange did not justify the expense of continued listing and registration on the Securities Exchange Act of 1934 maintaining such listing. Issuer stated 1 2 NYSE under section 12(b) of the Act.3 (‘‘Act’’) and Rule 19b–4 thereunder, a Any interested person may, on or that the Security is currently quoted on proposed rule change amending CHX before May 2, 2002, submit by letter to the OTC Bulletin Board. Article XXX, Rule 1, Interpretation .01, the Secretary of the Securities and The Issuer’s application relates solely to establish a review process for certain Exchange Commission, 450 Fifth Street, to the Security’s withdrawal from listing decisions of the Exchange’s Committee NW., Washington, DC 20549–0609, facts on the CHX and from registration under on Specialist Assignment and Evaluation (‘‘Committee’’). On April 3, bearing upon whether the application section 12(b) of the Act 3 and shall not 2000, the Exchange amended the has been made in accordance with the affect it obligation to be registered under proposal.3 The proposed rule change, rules of the NYSE and what terms, if section 12(g) of the Act.4 any, should be imposed by the along with Amendment No. 1, was Any interested person may, on or Commission for the protection of published for comment in the Federal 4 investors. The Commission, based on before May 2, 2002, submit by letter to Register on July 12, 2000. The the information submitted to it, will the Secretary of the Securities and Commission received two comment 5 issue an order granting the application Exchange Commission, 450 Fifth Street, letters on the proposal. The CHX after the date mentioned above, unless NW., Washington, DC 20549–0609, facts submitted a letter in response to these 6 the Commission determines to order a bearing upon whether the application comments. On September 7, 2001, the 7 hearing on the matter. has been made in accordance with the CHX again amended the proposal. This rules of the CHX and what terms, if any, For the Commission, by the Division of 1 should be imposed by the Commission 15 U.S.C. 78s(b)(1). Market Regulation, pursuant to delegated 2 17 CFR 240.19b–4. 4 for the protection of investors. The authority. 3 See March 31, 2000 letter from Ellen J. Neely, Jonathan G. Katz, Commission, based on the information Vice President and General Counsel, CHX, to Secretary. submitted to it, will issue an order Katherine A. England, Assistant Director, Division granting the application after the date of Market Regulation (‘‘Division’’), SEC [FR Doc. 02–9478 Filed 4–17–02; 8:45 am] (‘‘Amendment No. 1’’). In Amendment No. 1, the BILLING CODE 8010–01–P mentioned above, unless the CHX made minor, technical changes to the Commission determines to order a proposal. hearing on the matter. 4 See Securities Exchange Act Release No. 43010 SECURITIES AND EXCHANGE (July 5, 2001), 65 FR 43066. For the Commission, by the Division of 5 See October 6, 2000 letter from Gerald M. COMMISSION Market Regulation, pursuant to delegated Miller, Vanasco Genelly & Miller, on behalf of authority.5 Chicago Securities Group Limited Partnership, to Issuer Delisting; Notice of Application Jonathan G. Katz, Secretary, SEC (‘‘Vanasco letter’’); To Withdraw From Listing and Jonathan G. Katz, October 6, 2000 letter from Dempsey & Company Registration on the Chicago Stock Secretary. LLC (representing five specialist units on the CHX) [FR Doc. 02–9479 Filed 4–17–02; 8:45 am] to Jonathan G. Katz, Secretary, SEC (‘‘Dempsey Exchange, Inc. (BIOQUAL, Inc., letter’’). Common Stock, $.01 par Value) File BILLING CODE 8010–01–P 6 See November 24, 2000 letter from Paul B. No. 1–13527 O’Kelly, Executive Vice President, Market Regulation and Legal, CHX, to Joseph P. Morra, April 12, 2002. Special Counsel, Division of Market Regulation BIOQUAL, Inc., a Delaware 1 15 U.S.C. 78l(d). (‘‘Division’’), SEC. 7 corporation (‘‘Issuer’’), has filed an 2 17 CFR 240.12d2–2(d). See August 31, 2001 letter from Paul B. O’Kelly, Chief Operating Officer, CHX, to Joseph P. Morra, 3 15 U.S.C. 78l(b). Special Counsel, Division, SEC (‘‘Amendment No. 3 15 U.S.C. 781(b). 4 15 U.S.C. 78l(g). 2’’). In Amendment No. 2, the CHX (i) clarified that 4 17 CFR 200.30–3(a)(1). 5 17 CFR 200.30–3(a)(1). the proposed rule change was not submitted as a
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order approves the proposed rule transfers of assigned stocks in discussed below, the CHX responded to change as amended by Amendment Nos. circumstances where there is a change these comments.11 1 and 2. The Commission has found in control of a specialist firm. Unnecessary Burden On Competition. good cause to approve Amendment No. Under the proposal, the Committee The commenters believe the proposal 2 on an accelerated basis. will continue to review transfers of would impose significant burdens on II. Description of the Proposal assigned stocks in connection with the ability of specialists to compete with specialist firm consolidations or over-the-counter market makers.12 The The Exchange proposes to amend its changes in control of specialist firms, rules to add ‘‘consolidations’’ to the list commenters believe that consolidation subject to new review procedures. The of specialist firms on the CHX floor of circumstances that may lead to the proposal would add consolidations to need for assignment or reassignment of provides a broader range of stocks to the the current list of events leading to firm, and permits the aggregation of a security, and establish a review assignment proceedings. 8 process for certain Committee decisions. greater capital than would be possible Specifically, the Exchange proposes an The proposed rule sets forth certain by smaller firms, which helps them to amendment to CHX Article XXX, Rule factors the Committee must consider compete with third market makers.13 By 1, Interpretation .01. when the consolidation creates limiting the ability of specialist firms to The Committee currently is charged concentration. Concentration occurs consolidate, the commenters believe the with approving the assignment of stocks when a consolidation creates or proposal places an unnecessary burden to specialist firms and their co- increases a specialist unit’s financial on competition by limiting the ability of specialists, as well as evaluating the interest in trades constituting 10% or specialists to expand their businesses in performance of such specialists and co- more of the total CHX trade volume in order to effectively compete, and specialists. The Committee also reviews the three preceding calendar months.9 perhaps placing restrictions on the and must approve the transfers of Under the proposal, the full Board of transfer of a business.14 assigned issues that typically occur in Governors, excluding those Governors that are co-specialists or affiliates of Appealability. The commenters object connection with the acquisitions of to language in the proposal that would specialist firms by other specialist firms. specialists or co-specialists (a ‘‘Board Panel’’) may on its own initiative review make decisions by the Committee or the The CHX reports it is experiencing Board ‘‘final.’’ 15 The commenters significant consolidation of its specialist any Committee decision involving a believe that, when an exchange takes an firms. The Exchange’s Board of change in control or consolidation of a action that restricts access to the Governors (‘‘Board’’) believes that specialist unit. The Board Panel must exchange’s market, the action must specialist firm consolidations and the give any interested member an provide for due process, by way of an concentration of business that can result opportunity to present its views on the appeal to the SEC.16 from these consolidations can raise matter. Committee decisions will be The commenters issues that are significant in the context final if any member of a Board Panel asked that the CHX make clear that of the Exchange’s long-term business does not request that the Board Panel ‘‘final’’ judgments about the allocation plan and operational forecasts. initiate a review within ten days of a of stocks are appealable to the 17 According to the CHX, these issues are Committee decision. However, a Board Commission. beyond those typically addressed by the Panel must review all Committee Disclosure Of Confidential Committee in the ordinary stock decisions made with respect to Information. The commenters expressed allocation process. The CHX has consolidations that create concentration. concern that specialists would be determined that it is both appropriate Board Panel decisions, and the basis for required to disclose detailed financial and necessary for the Board to review those decisions, must be in writing and information to the Committee, and Committee decisions that raise the communicated to the specialist. possibly to the Board. Because the broader issues referenced above. III. Summary of Comments disclosure of confidential financial Accordingly, the CHX proposes a information has the potential to harm procedure for discretionary, and in The Commission received two specialist units, the commenters asked certain cases, mandatory Board review comments on the proposal,10 both of that the CHX delineate procedures to and approval of stock assignment which objected to the Commission prevent further disclosure of transfers in the case of specialist firm approving the proposed rule change. As confidential information or to eliminate consolidations, and for discretionary potential competitors from serving on authority to review and approve 8 There are currently seven circumstances under the Board.18 Further, the Dempsey letter which the Committee may assign or reassign a stated that the proposal should be result of any pre-judgment about the consequences security: (i) New listing or obtaining unlisted amended to limit the scope of of concentration among specialist firms; rather, the trading privilege; (ii) specialist request; (iii) proposed rule reflects the CHX’s view that corporation request; (iv) split-up and/or merger of information available for review to concentration of specialist firms may create broader specialist units; (v) fundamental change in information related to the specified risks to the Exchange; (ii) clarified that the specialist unit; (vi) unsatisfactory performance factors in the rule. This would address Committee does not consider a member firm’s action; or (vii) disciplinary action. concerns, in the commenter’s view, that activities in other market centers (other than trading 9 When a consolidation creates concentration, the in the issue to be assigned) when it assigns stocks, Committee will consider (i) the effect of the the Committee could request except to the extent such activity is relevant to the consolidation on the specialist units’ capital Committee’s overall assessment of the firm’s risk supporting specialist activities, experience and 11 See footnote 6, supra. As noted in footnote 6, controls and procedures; (iii) clarified that quality of management, experience and and discussed in more detail herein, some of the information provided to the CHX staff, the performance of co-specialists, risk controls and changes proposed in Amendment No. 2 were made Committee, and the Exchange’s Board of Governors, procedures, and operational efficiencies; and (ii) the in response to the comments. will be kept confidential; (iv) clarified that effect of the consolidation on the CHX’s ability to 12 Vanasco letter at 1; Dempsey letter at 1–2. enhance its position as a market center by specialists and affiliates of specialists cannot sit on 13 Vanasco letter at 2. the Committee or that Board panels that will review promoting competition among members, minimize 14 Vanasco letter at 2; Dempsey letter at 2. Committee decisions will not involve specialists or risk to the financial integrity of the marketplace, 15 their affiliates; and (v) made minor changes to the and continue operating in the public interest by Vanasco letter at 2–3; Dempsey letter at 3. proposed rule language to clarify the intent of the enhancing market quality and public awareness of 16 Id. proposal, and to incorporate certain changes the products and services offered through the CHX. 17 Vanasco letter at 3; Dempsey letter at 3. suggested by the commenters. 10 See footnote 5, supra. 18 Vanasco letter at 3; Dempsey letter at 3–4.
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confidential information outside the CHX’s Response To Comments. The explains that the definition has been scope of review. CHX offered the following in response expanded to include such arrangements 23 Miscellaneous Ambiguities. The to the comment letters: because of the possibility that specialist (i) Effect on Competition: While the commenters asked that the CHX clarify firms can transfer virtually all or part of commenters believe the proposed rule the following ambiguities: their economic interests in assigned will hinder their ability to compete with stocks to other specialist firms without (i) The current rules provide for two over-the-counter market makers, the changing the ownership interest in types of business changes that would CHX notes that Exchange members are either specialist. The CHX believes the require assignment proceedings—a split subject to a number of rules that are not Committee should be able to reconsider up and/or merger of a specialist unit, imposed upon their competitors in other the basis for an assignment if an and a fundamental change of a specialist markets, while their competitors are applicant proposes to transfer some or unit. While the current rules do not subject to other rules that are not all of its interest in or responsibility for define ‘‘fundamental change,’’ they imposed on Exchange specialists. The an assigned stock to another specialist, provide examples of actions that would CHX believes it has an interest in even if the consolidation does not result or would not be considered a assuring that the process of assigning in a change in ownership interests fundamental change. The proposal stocks to specialist units is fair to all among the affected specialist firm.27 would add ‘‘consolidation’’ to the rule. specialist firms, and that awards are (v) The CHX agrees that proposed The commenters note that, unlike a split made and transfer requests granted item 6 (‘‘Consolidations creating up, merger, or fundamental change that while taking into account the best Concentration’’) under ‘‘I. EVENTS result only from ownership changes, a interests of the CHX. In this context, the LEADING TO ASSIGNMENT consolidation could arise from CHX believes consolidation can have a PROCEEDINGS’’ should be changed to contractual arrangements that do not substantial positive or negative impact ‘‘Consolidations’’ to avoid confusion.28 result from ownership changes. The on the surviving firm or its ability to (vi) The CHX agrees to modify ‘‘II. proposal does not explain why a change perform specialist functions. The CHX ASSIGNMENT PROCEDURES’’ item 4 in or creation of a non-ownership believes the proposed rule will assist in (‘‘Board Review’’) to include affiliates of specialists as well as affiliates of co- financial interest should require achieving what is best for the Exchange, specialists.29 Committee approval.19 and that the process is not unfairly discriminatory or burdensome on IV. Discussion and Commission (ii) The filing is unclear as to whether 24 competition. Findings any consolidation would require a (ii) Confidential Information. The posting, or whether a consolidation CHX states that it regularly receives The Commission has reviewed would require posting only when it confidential information in connection carefully the CHX’s proposed rule would result in a specialist unit having with its SRO responsibilities and it does change, as amended, the comment a financial interest in trades constituting not believe this proposal is any different letters, and the CHX’s response to the 10% or more of the CHX’s total volume in terms of maintaining confidentiality. comments, and finds, for the reasons set in the three preceding calendar months The CHX asserts that the Committee and forth below, that the proposal is (‘‘concentration’’).20 the Board will not contain individuals consistent with the requirements of the Act and the rules and regulations (iii) The current rule requires a that are affiliated with co-specialists or thereunder applicable to a national posting only when there is an specialist firms. These restrictions should allay the commenters’ concern securities exchange,30 and, in particular, ownership change that results in a with the requirements of Section 6(b).31 change of control. The proposed rule that competitors acting in an official capacity might gain access to another The Commission does not believe that would require a posting when two consolidations among specialist units specialists come under common control. specialist firm’s proprietary information.25 are inherently harmful, and believes Thus, the mere combination of control (iii) Appealability. While the that in many situations they can, in fact, would be a triggering event. However, proposed rule language states that the be beneficial, particularly for those units the commenter states the proposed rule Board’s decision is final, the CHX with limited capital. Nevertheless, the would not require a posting when there clarifies that the reference to finality in Commission recognizes that undue is a change in control as long as the new the proposal is to emphasize only that concentration can have negative effects controlling person did not control the Board Panel’s decision is not subject on market quality by, among other 21 another specialist. The commenter to full Board review.26 The CHX notes things, hampering competition among believes this conflicts with the basic that appealability of an action to the specialists and reducing incentives for intent of the rule which is to allow for Commission would be governed by the specialists to provide better markets. transfer of books. Act and rules thereunder, not CHX’s The Commission believes that the (iv) The filing is unclear if the CHX rules. factors identified in the CHX policy for intends to restrict the participation of (iv) Miscellaneous Ambiguities. In reviewing specialist combinations are affiliates of specialists (as opposed to response to the commenters’ objection reasonably designed to result in co-specialists) from the Board Panel.22 to the definition of ‘‘consolidation’’ in approval of proposed combinations that The CHX currently defines a co- the proposed rule including will not have an adverse impact on specialist as an individual trading stock arrangements that do not involve a market quality or result in undue on the floor of the CHX on behalf of a change in ownership interests among concentration. The Commission notes specialist firm. The commenter believes the affected specialist firms, the CHX that the CHX’s proposal would not the CHX should restrict participation of 27 the affiliates of specialists as well. 23 See footnote 6, supra. See also Amendment No. Id. at 3. 2. 28 See Amendment No. 2. 24 Id. 29 Id. 19 Vanasco letter at 3; Dempsey letter at 4. 25 Id. Amendment No. 2 amends the rule to make 30 In approving this rule, the Commission has 20 Vanasco letter at 3–4; Dempsey letter at 5. clear that affiliates of co-specialists, as well as considered its impact on efficiency, competition, 21 Vanasco letter at 4. specialists, cannot be on the reviewing Board Panel. and capital formation. 15 U.S.C. 78c(f). 22 Dempsey letter at 5. 26 Id. 31 15 U.S.C. 78f(b).
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permit the CHX to weigh against a For example, the commentors raised 0609. Copies of the submission, all particular firm its activities in other concerns regarding the confidentiality of subsequent amendments, all written markets, unless the firm is already information provided to the Committee statements with respect to the proposed acting as a specialist in the same issue or Board Panel in connection with rule change that are filed with the for which the combination would result reviews. The CHX amended the Commission, and all written in that firm acting as a specialist on the proposal to clarify that information communications relating to the CHX, or to the extent it is relevant to provided to CHX staff, the Committee, proposed rule change between the overall firm risk controls and and the Board Panel will be kept Commission and any person, other than procedures.32 The CHX has amended its confidential, and that members that are those that may be withheld from the filing to reflect that the focus of the specialists or affiliates may not sit on public in accordance with the review is on improving the quality of the Committee. Similarly, Board Panels provisions of 5 U.S.C. 552, will be markets and services at the Exchange. that review Committee decisions will available for inspection and copying in As noted above, the commenters have not include specialists or their affiliates. the Commission’s Public Reference argued that the review procedures for a Additionally, the CHX, in response to Room. Copies of such filing will also be combination resulting in concentration concerns raised by the commenters that available for inspection and copying at are extraordinary, and such procedures a specialist’s activities in other market the principal office of the CHX. All impose an inappropriate burden on centers might be used in an submissions should refer to File No. competition that does not exist on their anticompetitive manner to prevent SR–CHX–2000–08 and should be third market competitors. However, the consolidation, clarified that the submitted by May 9, 2002. Commission finds that the CHX Committee will not consider a member VI. Conclusion proposal does not impose an firm’s activities in other market centers unnecessary burden on competition when it assigns stocks except to the It is therefore ordered, pursuant to under section 6(b)(8) of the Act 33 extent that such activity is relevant to section 19(b)(2) of the Act,34 that the because it establishes review procedures the Committee’s overall assessment of proposed rule change (SR–CHX–2000– that are intended to prevent undue the firm’s risk controls and procedures. 08), as amended by Amendment Nos. 1 concentration that could potentially The Commission notes that all Board and 2, is approved. hinder market quality. Panel decisions, and the basis for those For the Commission, by the Division of Indeed, the CHX has stated that, while decisions, must be in writing, and must Market Regulation, pursuant to delegated its filing reflects the Board’s recognition be communicated to the specialist. With authority.35 of the risks from greater concentration, regard to any remaining issues raised by Margaret H. McFarland, it has not made any prejudgments on the commenters, the Commission is Deputy Secretary. whether the Exchange is benefited or satisfied that the CHX has adequately [FR Doc. 02–9480 Filed 4–17–02; 8:45 am] harmed by consolidation among addressed those comments. BILLING CODE 8010–01–P specialist units. Although the In summary, the Commission believes Commission recognizes that the new the CHX proposal balances competing rules could result in prohibiting a concerns of its market and allows it to SECURITIES AND EXCHANGE combination from occurring, the consider the effect of a consolidation COMMISSION Commission finds the factors for resulting in concentration on market consideration in reviewing quality. The Commission believes this is [Release No. 34–45736; File No. SR–NASD– concentration effects, such as adequate an appropriate goal and that the rules 2002–11] capital, risk controls, and operational should not be used, or applied, in an Self-Regulatory Organizations; efficiencies, are related to legitimate anti-competitive manner. National Association of Securities The Commission finds good cause for market quality issues which the CHX Dealers, Inc.; Order Granting Approval approving proposed Amendment No. 2 should be permitted to weigh. to Proposed Rule Change Relating to before the 30th day after the date of Amendment No. 2 also has made clear Amendments to NASD Rule 2260 To publication of notice of filing thereof in that competition from other markets Require Members To Make Reasonable the Federal Register. Amendment No. 2 will not be considered a factor in a Efforts To Forward Issuer and Trustee clarifies the CHX’s position on a number consolidation review. Accordingly, Communications to Beneficial Holders while the proposed rule language states of issues raised by the commenters. The of Non-Municipal Debt Securities that the Exchange can consider the Commission finds no legitimate reason effect of the consolidation on the to delay approval of proposed April 11, 2002. Exchange’s ability to enhance its Amendment No. 2, given that On January 17, 2002, the National position as a market center by Amendment No. 2 is responsive to the Association of Securities Dealers, Inc. promoting competition among members, commenters’ concerns. For these (‘‘NASD’’ or ‘‘Association’’), through its this factor could not be used in an reasons, the Commission finds good wholly-owned subsidiary, NASD anticompetitive manner to deny a cause for accelerating approval of Regulation, Inc. (‘‘NASD Regulation’’) consolidation because of a specialist’s proposed Amendment No. 2. filed with the Securities and Exchange presence in another market. Thus, a V. Solicitation of Comments Commission (‘‘Commission’’), pursuant firm’s decision to route customer orders to Section 19(b)(1) of the Securities to another market for different issues, or Interested persons are invited to Exchange Act of 1934 (‘‘Act’’) 1 and Rule to make markets on another exchange in submit written data, views and 19b–4 thereunder,2 a proposed rule different issues, would be irrelevant to arguments concerning the foregoing change to amend Rule 2260 of the rules the CHX’s review. Amendment No. 2, including whether of the NASD to require a member to In addition, as a result of concerns Amendment No. 2 is consistent with the make reasonable efforts to forward a raised by the commenters, the CHX Act. Persons making written made several changes to the proposal. submissions should file six copies 34 15 U.S.C. 78s(b)(2). thereof with the Secretary, Securities 35 17 CFR 200.30–3(a)(12). 32 See Amendment No. 2. and Exchange Commission, 450 Fifth 1 15 U.S.C. 78s(b)(1). 33 15 U.S.C. 78f(b)(8). Street, NW, Washington, DC 20549– 2 17 CFR 240.19b–4.
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communication from an issuer or trustee Rule G–15 to provide that brokers, this proposal as one establishing or regarding a debt security other than a dealers and municipal securities dealers changing a due, fee, or other charge municipal security to the beneficial that safekeep municipal securities must imposed by the CHX under section owner of such security. The proposed make reasonable efforts to retransmit 19(b)(3)(A)(ii) of the Act, 4 which rule change also clarifies IM–2260 official communications to their renders the proposal effective upon (Suggested Rate of Reimbursement) to safekeeping clients. filing with the Commission. The reflect that, in forwarding proxies and It is therefore ordered, pursuant to Commission is publishing this notice to other materials, members may not Section 19(b)(2) of the Act,9 that the solicit comments on the proposed rule charge for envelopes that are provided proposed rule change (File No. SR- change, as amended, from interested by the issuer or the trustee, as well as NASD–2002–11) be, and it hereby is, persons. by persons soliciting proxies. approved. I. Self-Regulatory Organization’s The proposed rule change was For the Commission, by the Division of published for comment in the Federal Statement of the Terms of Substance of Market Regulation, pursuant to delegated the Proposed Rule Change Register on March 6, 2002.3 The authority.10 Commission received no comments on Margaret H. McFarland, The Exchange proposes to adopt a the proposal. Deputy Secretary. Volume Discount Program for Market The Commission finds that the [FR Doc. 02–9458 Filed 4–17–02; 8:45 am] Makers (‘‘Program’’). The Program is proposed rule change is consistent with BILLING CODE 8010–01–P intended to provide PCX members with the requirements of the Act and the rebates once the PCX reaches volume rules and regulations thereunder levels that are adequate to sustain the applicable to a national securities SECURITIES AND EXCHANGE operating and capital investment needs association 4 and, in particular, the COMMISSION of the Exchange. The text of the requirements of Section 15A of the Act 5 proposed rule change is below. and the rules and regulations [Release No. 34–45748; File No. SR–PCX– Additions are in italics. thereunder. The Commission finds 2002–15] specifically that the proposed rule PCX Options: Trade-Related Charges Self-Regulatory Organizations; Notice change is consistent with Section * * * * * 15A(b)(6) of the Act,6 which requires, of Filing and Immediate Effectiveness among other things, that the rules of an of Proposed Rule Change and Volume Discount Program association be designed to prevent Amendment No. 1 by the Pacific Exchange, Inc. To Adopt a Volume fraudulent and manipulative acts and PCX quarterly aver- Per contract reduc- practices, to promote just and equitable Discount Program for Market Makers age daily contract tion in market maker volume transaction charge principles of trade, and, in general, to April 12, 2002. for following quarter protect investors and the public Pursuant to section 19(b)(1) of the 7 interest. The Commission believes that Securities Exchange Act of 1934 449,000 or lower ...... No reduction. the proposed rule change is a reasonable 1 2 450,000 to 474,999 ... $0.01. (‘‘Act’’), and Rule 19b–4 thereunder, 475,000 to 499,999 ... $0.02. customer protection measure for holders notice is hereby given that on February of non-municipal debt securities, as it 500,000 to 524,999 ... $0.03. 28, 2002, the Pacific Exchange, Inc. 525,000 or higher ..... $0.04. clarifies that members have an (‘‘PCX’’ or ‘‘Exchange’’) filed with the affirmative obligation to make Securities and Exchange Commission * * * * * reasonable efforts to forward certain (‘‘Commission’’ or ‘‘SEC’’) the proposed II. Self-Regulatory Organization’s information regarding these debt rule change as described in Items I, II Statement of the Purpose of, and securities to their beneficial owners. and III below, which Items have been Statutory Basis for, the Proposed Rule In addition, the Commission notes prepared by the Exchange. On April 11, Change that this proposed rule change is 2002, the Exchange amended the consistent with a similar proposed rule proposal. 3 The Exchange has designated In its filing with the Commission, the change relating to municipal securities PCX included statements concerning the submitted by the Municipal Securities 9 15 U.S.C. 78s(b)(2). purpose of and basis for its proposal and Rulemaking Board (‘‘MSRB’’) and 10 17 CFR 200.30–3(a)(12). discussed any comments it received recently approved by the Commission.8 1 15 U.S.C. 768s(b)(1). regarding the proposal. The text of these In that filing, the MSRB amended its 2 17 CFR 240.196–4. statements may be examined at the 3 See April 10, 2002 letter from Cindy L. Sink, Senior Attorney, Regulatory Policy, PCX, to Joseph places specified in Item IV below. The 3 See Securities Exchange Act Release No. 45483 PCX has prepared summaries, set forth (February 27, 2002), 67 FR 10245. Morra, Special Counsel, Division of Market Regulation, SEC and attachments (‘‘Amendment No. in Sections A, B and C below, of the 4 In approving this proposed rule change, the 1’’). In Amendment No. 1, the PCX (1) provided a Commission notes that it has considered the most significant aspects of such new Exhibit A that replaces and supersedes the proposed rule’s impact on efficiency, competition, statements. Exhibit A that was filed with the original proposed and capital formation. 15 U.S.C. 78c(f). rule change; and (2) clarified that the Volume 5 15 U.S.C. 78o–3. Discount Program for Market Makers applies to all 60-day abrogation period, the Commission 6 15 U.S.C. 78o–3 (b)(6). market makers, including Lead Market Makers, considers the period to have commenced on April 7 Id. regardless of individual performance, whenever the 11, 2002, the date the PCX filed Amendment No. 8 See Securities Exchange Act Release No. 45562 overall volume on the Exchange reaches the 1. (March 14, 2002), 67 FR 13030 (March 20, 2002). designated amounts. For purposes of calculating the 4 15 U.S.C. 78s(b)(3)(A)(ii).
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A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s DEPARTMENT OF STATE Statement of the Purpose of, and Statement on Comments on the [Public Notice 3918] Statutory Basis for, the Proposed Rule Proposed Rule Change Received From Change Members, Participants or Others Advisory Committee on International 1. Purpose Written comments on the proposed Law; Notice of Committee Renewal rule change were neither solicited nor The Department of State has renewed The Exchange proposes to adopt the received. the Charter of the Advisory Committee Program, which is intended to provide III. Date of Effectiveness of the on International Law. This advisory PCX members with rebates once the committee will continue to obtain the PCX reaches volume levels that are Proposed Rule Change and Timing for Commission Action views and advice of a cross-section of adequate to sustain the operating and the country’s outstanding members of capital investment needs of the The proposed rule change has become the legal profession on significant issues Exchange. The Program provides rate effective pursuant to section of international law. The committee’s relief to market makers by reducing the 19(b)(3)(A)(ii) of the Act 7 and consideration of legal issues in the market maker transaction charge once subparagraph (f)(2) of Rule 19b–4 conduct of our foreign affairs provides the PCX achieves certain volume thereunder,8 because it involves a due, a unique contribution to the creation thresholds. The volume thresholds will fee, or other charge. At any time within and promotion of U.S. foreign policy. be calculated on a quarterly basis, and 60 days of the filing of the proposed rule The Under Secretary for Management any rate reduction will be for the change, the Commission may summarily has determined that the committee is following quarter. The quarterly volume abrogate such rule change if it appears necessary and in the public interest. thresholds and corresponding quarterly to the Commission that such action is The committee consists of former market maker rate reduction for the necessary or appropriate in the public Legal Advisers of the Department of following quarter are listed in Section I interest, for the protection of investors, State and not more than twenty above. or otherwise in furtherance of the individuals appointed by the Legal Adviser of the Department of State. The The first rate reduction will be for the purposes of the Act. committee will follow the procedures second quarter of 2002, dependent on IV. Solicitation of Comments prescribed by the Federal Advisory the PCX’s quarterly average daily Interested persons are invited to Committee Act (FACA). Meetings will contract volumes for the first quarter of be open to the public unless a 2002. The volume discount is adjusted submit written data, views, and arguments concerning the foregoing, determination is made in accordance quarterly based on the PCX’s prior with section 10(d) of the FACA, 5 U.S.C. quarter average daily contract volume. including whether the proposal is consistent with the Act. Persons making §§ 552b(c)(1) and (4), that a meeting or For example, if PCX volumes for the a portion of the meeting should be first quarter of 2002 average 475,000 written submissions should file six copies thereof with the Secretary, closed to the public. Notice of each contracts and the volumes for the Securities and Exchange Commission, meeting will be provided for publication second quarter average 425,000 450 Fifth Street, NW., Washington, DC in the Federal Register as far in advance contracts, the per contract reduction in 20549–0609. Copies of the submission, as possible prior to the meeting. the market maker transaction charge for all subsequent amendments, all written For further information, please call: the second quarter will be $0.02, even statements with respect to the proposed Mary Catherine Malin, Attorney- though second quarter volumes are rule change that are filed with the Adviser, Office of the Assistant Legal below the level qualifying for a Commission, and all written Adviser for United Nations Affairs, (202 discount, and there will be no volume communications relating to the 647–2767). discount for the third quarter, regardless proposed rule change between the Dated: March 29, 2002. of PCX’s third quarter volumes. Commission and any person, other than D. Stephen Mathias, 2. Statutory Basis those that may be withheld from the Assistant Legal Adviser for United Nations public in accordance with the Affairs, Department of State. The Exchange believes the proposal is provisions of 5 U.S.C. 552, will be [FR Doc. 02–9502 Filed 4–17–02; 8:45 am] consistent with the requirements of available for inspection and copying in BILLING CODE 4710–08–P section 6(b) of the Act, 5 in general, and the Commission’s Public Reference furthers the objectives of Section Room. Copies of such filing will also be 6(b)(4),6 in particular, in that it is available for inspection and copying at DEPARTMENT OF STATE the principal office of the PCX. All designed to provide for the equitable [Public Notice 3990] allocation of reasonable dues, fees and submissions should refer to file number other charges among its members. SR–PCX–2002–15 and should be Bureau of Educational and Cultural submitted by May 9, 2002. Affairs Request for Grant Proposals: B. Self-Regulatory Organization’s For the Commission, by the Division of African Workforce Development Statement on Burden on Competition Market Regulation, pursuant to delegated SUMMARY: The Near East/South Asia/ authority.9 The Exchange does not believe that Africa Division of the Office of Citizen the proposed rule change will impose Margaret H. McFarland, Exchanges, Bureau of Educational and any burden on competition that is not Deputy Secretary. Cultural Affairs (ECA), announces an necessary or appropriate in furtherance [FR Doc. 02–9481 Filed 4–17–02; 8:45 am] open competition to spur development of the purposes of the Act. BILLING CODE 8010–01–P of the African workforce for effective and satisfying participation in 21st 7 15 U.S.C. 78s(b)(3)(A)(ii). century businesses, government, NGOs, 5 15 U.S.C. 78f(b). 8 17 CFR 240.19b–4(f)(2). and other venues. U.S.-based public and 6 15 U.S.C. 78f(b)(4). 9 17 CFR 200.30–3(a)(12). private non-profit organizations meeting
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the provisions described in Internal Applicants may design single-country far beyond the completion of the grant. Revenue Code section 26 USC 501(c)(3) or multiple-country projects. The The commitment of African partners may submit proposals to conduct Bureau offers the following will be important to long-term program international exchange programs. programming ideas and suggestions. success, and applicants should consider Programs and projects must comply Africa Workforce Development. The the possibility of selecting African with Bureau requirements and purpose of this program is to enhance partners through a competitive process guidelines outlined in this Request for Workforce Development efforts in Sub- to assess their commitment and Grant Proposals (RFGP) and the Saharan Africa through Citizen capability. Bureau’s Proposal Submission Exchanges. In developing and carrying The grantee is also expected to Instructions (PSI). out such a program, we have a keen provide in its proposal an explanation interest in utilizing electronic of the need for workforce development Overview information technologies both as a in the targeted African country(ies) and The Bureau seeks proposals for an vehicle for correspondence and training to propose a detailed plan for working exchange program on African Workforce and as a workforce skill to be taught. together with African partners to Development linking U.S. vocational The Office realizes that there are develop a basic curriculum to address trainers with African organizations many different conceptions of and this need. The final product of this grant seeking to strengthen their ability to approaches to workforce development, activity must include the following: upgrade the African workforce. U.S.- and is open to considering a wide • A basic interactive curriculum that African partnership is emphasized as a variety of program plans while works over the Internet and serves to mutually beneficial, direct and efficient recommending that they do the advance Workforce Development in method of promoting this goal. following: Sub-Saharan Africa; • • Partnerships promote the interests and Assist citizens in making the A plan to train presenters of the transition from academic studies to basic curriculum; long-term commitment of African and • American participants going beyond participation in the workforce; A set of lead trainers who have gone • U.S. government financing. Partnerships Assist citizens in learning skills and through the prototype training program also help to establish a strong network attitudes which make them more and who have performed a trial employable; implementation of the basic course; and of counterpart institutions in the U.S. • • and Africa, which invigorate and inform Guide citizens in seeking jobs and Establishment of an Internet in carrying them out satisfactorily; network between U.S. organizations and each other, enable collaborations and • joint projects, and promote the exchange Provide training in information the African partners to sustain of information and resources. technology; productive interaction on this activity • Develop programs which can be far beyond the term of the grant itself. Guidelines delivered online as well as in person; In order to achieve the most • Develop programs which are widespread understanding, appreciation The Office of Citizen Exchanges adaptable to local and individual needs; and impact of this grant, this Office will encourages applicants to be creative in • Develop programs which are easily expect the Grantee at the end of the planning project activities. Proposals portable and can be replicated in program to come to Washington DC to should include practical, hands-on, different venues; and make a presentation of the community-based initiatives, designed • Develop programs which will accomplishments and lessons learned to achieve concrete objectives in the attract and maintain the attention of through the grant to an audience field. The proposal should not focus on citizens, encouraging their initiative and selected by the Office of Citizen theoretical/academic workshops, commitment. Exchanges. seminars, studies or research. We anticipate awarding two $150,000 Program activities for the above-listed In an effort to increase mutual grants. While all of Sub-Saharan Africa theme might include: understanding and build long-lasting is eligible in this solicitation, proposals 1. A U.S.-based program that includes linkages between the U.S. and African should focus on one or two countries orientation to program purposes and to countries, proposals should include, to rather than a large group so as to U.S. society; study tour/site visits; the fullest extent possible, an exchange maximize impact. professional internships/placements; involving equal numbers of American This program is intended to be a interaction and dialogue for learning; and African participants. In addition, catalyst to stimulate thinking about the hands-on training; and action plan applicants are encouraged to include possibilities for wide range development. participants who are new to implementation of Workforce 2. Capacity-building/training-of- international exchanges and/or to the Development programs afforded though trainer (TOT) workshops in Africa to target countries. the use of new technologies. help participants to identify priorities, The Bureau encourages applicants to It is expected that the selected create work plans, strengthen consider carefully the choice of target grantees will install or enhance working professional and volunteer skills, share countries. In order to prevent Internet systems at the facilities of the their experiences with committed duplication of effort, applicants should African partners that will be linked to people within each country, train research the work of development U.S. counterparts. Note that the Bureau leading trainers, and become active in agencies (such as USAID, UN agencies) would provide only modest support for other practical and valuable ways. on the target themes, and select this work out of the grant funds, but 3. Site visits by U.S. facilitators/ countries for which there has been would expect that additional funds experts to monitor projects in the region limited investment on the issue. would be raised privately or otherwise and to provide additional training and Applicants are welcome to contact the cost-shared. consultations as needed. Public Affairs Sections (PAS) in U.S. It is further expected that there will be 4. Content-based Internet training/ Embassies in Africa, and the Office of a commitment on the part of the African cyber-training to encourage citizen Citizen Exchanges, to discuss proposed partners to pay for future maintenance participation in workshops, fora, chats, activities and their relevance to mission and on-line fees for the installations so and/or discussions via the Internet that priorities. that the systems will be fully operable will stimulate communication and
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information sharing among key opinion applicant would gather and evaluate 1. Transportation. International and leaders on priority topics. In addition to this information. Please include with domestic airfares (per the Fly America using the Internet and Cyber Training to the proposal, at least in draft form, any Act), transit costs, ground transportation develop those very skills, on-line evaluation tools (survey/focus group costs, and visas for U.S. participants to programs should be developed to teach questions) that would be used as part of travel to African countries (J–1 visas for other workforce skills such as literacy, the overall plan. African participants to travel to the U.S. numeracy, problem-solving, decision- funded by the Bureau’s grant assistance making, leadership, personnel Budget Guidelines are issued at no charge). management, and personal qualities A total of $300,000 will be available, 2. Per Diem. For U.S.-based activities, such as initiative, integrity, and we expect to award two grants of organizations should use the published responsibility, flexibility, sociability, $150,000 each. Bureau policy states that Federal per diem rates for individual and respect for diversity. organizations with less than four years U.S. cities. For activities in Africa, the Bureau strongly encourages applicants Additional Guidance of experience in managing international exchange programs are limited to to budget realistic costs that reflect the Content-Based Internet Training: As $60,000; therefore they are not eligible local economy. Domestic and foreign noted above, the Bureau encourages to apply under this competition. per diem rates may be accessed at: applicants to use the Internet to assist Applicants are strongly encouraged to http://www.policyworks.gov/. African counterparts in networking, consult with African partners in the Applicants may opt to provide ‘‘home- communicating and organizing on the design of the proposal budget and to stay’’ accommodations as a way to above-listed priority issues. Proposals obtain statements of commitment from reduce per diems costs and as a way to that include content-based Internet those partners. Competitive proposals enhance cross-cultural understanding. training must reflect knowledge of the will demonstrate a thorough and In no case may per diem rates exceed opportunities and obstacles that exist realistic understanding of the costs for the U.S. Federal published rates. for use of information technologies in in-country administration, 3. Interpreters. If needed, interpreters the target country or countries, and, if communication, transportation, and per for the U.S.-based program are available needed, provide hardware, software and through the U.S. Department of State diem. Proposals should include letters servers, preferably as a form of cost Language Services Office. Local of support tailored to this project from sharing. Internet and Cyber Training interpreters with adequate skills and proposed African partner organizations. should be only one component of an experience may be used for program overall program. Format: Applicants must submit a activities. In-Country Partners: Applicants comprehensive line item budget based Typically, one interpreter is provided should identify the U.S. and African on the model in the Proposal for every four visitors who require partner organizations and individuals Submission Instructions, but are interpreting, with a minimum of two with whom they are proposing to encouraged to provide the optional interpreters. Bureau grants do not pay collaborate. Specific information about separate sub-budgets for each program for foreign interpreters to accompany the African partners’ activities and component, location or activity in order delegations from their home country. accomplishments is required and to facilitate decisions on funding. Salary costs for local interpreters must should be included in the section on Applicants should include a budget be included in the budget. Costs ‘‘Institutional Capacity.’’ Resumes (not narrative or budget notes for associated with using their services may exceeding two pages) for individuals clarification of each line item. Review not exceed rates for U.S. Department of mentioned in the proposal should be Criteria for additional information. State interpreters. The Bureau provided, including proposed U.S. and Cost sharing: The Bureau’s grant encourages applicants to use local African staff, trainers, consultants, etc. assistance will constitute only a portion interpreters. U.S. Department of State Letters of support from proposed in- of total project funding, and proposals Interpreters may be used for highly country partners that are tailored to this should list and provide evidence of technical programs with the approval of project are strongly encouraged. other sources of cost sharing, including the Office of Citizen Exchanges. Evaluation: Short- and long-term financial and in-kind support. Proposals Proposal budgets should contain a flat evaluation is critical to the success of with substantial private sector support $170/day per diem for each U.S. any professional development program. from foundations, corporations, and Department of State interpreter, as well In accordance with the Government other institutions will be considered as home-program-home air Performance and Results Act (GPRA) of more competitive. Although no transportation of $400 per interpreter, 1993, Federal Agencies must create minimum amount of cost sharing is reimbursements for taxi fares, plus any strategic plans, set performance goals, stipulated in this competition, other transportation expenses during the and develop methods for measuring preference will be given to proposals program. Salary expenses are covered how well the goals of this program are that provide cost sharing of at least 20 centrally and should not be part of an realized. percent of total program costs (federal applicant’s proposed budget. The grantee would be required to component plus cost sharing 4. Book and cultural allowance. work closely with the Bureau to fulfill component). Thus if a grant of $150,000 Foreign participants are entitled to a this responsibility. Applicants are asked in federal funds is awarded, the grantee one-time cultural allowance of $150 per to submit an evaluation plan that would should contribute at least $37,500 in person, plus a book allowance of $50. address the GPRA requirements and cost sharing to achieve the 20% figure Interpreters should be reimbursed up to assess the long-term impact and (20% of $187,500 = $37,500). Cost $150 for expenses when they escort effectiveness of this program. The sharing may be offered in kind or in participants to cultural events. U.S. evaluation plan should include a listing cash as long as its value can be program staff, trainers or participants of goals and results desired, and an confirmed through documentation. are not eligible to receive these benefits. indication of what types of information Please refer to the statement on cost 5. Consultants. Consultants may be would be used to determine if these sharing in the Proposal Submission cost used to provide specialized expertise or goals were met or results achieved, as sharing in the Proposal Submission to make presentations. Honoraria should well as a description of how the Instructions. not exceed $250 per day. Subcontracting
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organizations may also be used, in employees, benefits, and other direct should be sent to: U.S. Department of which case the written agreement and indirect costs per detailed State, SA–44, Bureau of Educational and between the prospective grantee and instructions in the PSI. (Indirect costs Cultural Affairs, Ref.: ECA/PE/C/ subcontractor should be included in the are allowable only when the applicant NEAAF–02–74, Program Management, proposal. Subcontracts should be has an indirect cost rate agreement with ECA/EX/PM, Room 534, 301 4th Street, itemized in the budget. a qualified U.S. Government office.) SW., Washington, DC 20547. 6. Room rental. Room rental may not Applicants are encouraged to budget Applicants must also submit the exceed $250 per day. administrative costs for African partner ‘‘Executive Summary’’ and ‘‘Proposal 7. Materials development. Proposals organizations to cover their in-country Narrative’’ sections of the proposal on a may contain costs to purchase, develop costs. While there is no rigid ratio of 3.5″ diskette, formatted for DOS. These and translate materials for participants. administrative to program costs, documents must be provided in ASCII The Bureau strongly discourages the preference will be given to proposals text (DOS) format or Microsoft Word use of automatic translation software for whose administrative costs are less than format. The Bureau will transmit these the preparation of training materials or twenty-five (25) per cent of the total files electronically to the Public Affairs any information distributed to the group requested from the Bureau. Proposals section at the US Embassy for its review, of participants or network of should show strong administrative cost- with the goal of reducing the time it organizations. Costs for good-quality sharing contributions from the takes to get embassy comments for the translation of materials should be applicant, the African partner and other Bureau’s grants review process. anticipated and included in the budget. sources. Grantee organizations should expect to Public Affairs Section (PAS) Please refer to the Proposal Involvement submit a copy of all program materials Submission Instructions (PSI) for to the Bureau. complete budget guidelines. The Public Affairs Sections of the U.S. 8. Equipment. Proposals may contain Embassies (formerly known as USIS limited costs to purchase equipment for Announcement Title and Number posts) play a key role throughout every Africa-based programming such as All communications with the Bureau phase of project development. Posts computers, printers, and fax machines. concerning this Request for Grant assist in evaluating project proposals; Please note, however, that the Bureau Proposals (RFGP) should refer to the coordinating planning with the grantee encourages cost sharing for these announcement title ‘‘African Workforce organization and in-country partners; expenses, and equipment costs must be Development’’ and reference number facilitating in-country activities; kept to a minimum. Equipment ECA/PE/C/NEAAF–02–74. nominating participants and vetting purchased with ECA grant funds must FOR FURTHER INFORMATION CONTACT: The grantee nominations; observing in- be approved by ECA, and its final Office of Citizen Exchanges, ECA/PE/C/ country activities; debriefing disposition after completion of the grant NEAAF, Room 216, U.S. Department of participants; and evaluating project program will be determined by ECA. State, 301 Fourth Street, SW., impact. Posts are responsible for issuing Costs for furniture are not allowed. Washington, DC 20547, attention: Jim DSP–2019 forms (formerly known as the 9. Working meal. Only one working Ogul, telephone: (202) 205–0535 and fax IAP–66 form) in order for overseas meal may be provided during the number: (202) 619–4350, Internet participants to obtain necessary J–1 program. Per capita costs may not address: [email protected]. visas for entry to the United States. exceed $8 for a lunch and $20 for a Please read the complete Federal They also serve as a link to in-country dinner, excluding room rental. The Register announcement before sending partners and participants. number of invited guests may not inquiries or submitting proposals. Once Nonetheless, overall project exceed participants by more than a the RFGP deadline has passed, Bureau administration and implementation are factor of two-to-one. Interpreters must staff may not discuss this competition the responsibility of the grantee. The be included as participants. with applicants until the proposal grantee must inform the PAS in 10. Return travel allowance. A return review process has been completed. participating countries of its operations travel allowance of $70 for each foreign and procedures and coordinate with and participant should be included in the To Download a Solicitation Package involve PAS officers in the development budget. The allowance may be used for Via Internet of project activities. The PAS should be incidental expenses incurred during The entire Solicitation Package may consulted regarding country priorities, international travel. be downloaded from the Bureau’s Web current security issues, and related 11. Health Insurance. The ECA site at http://exchanges.state.gov/ logistical and programmatic issues. Bureau insures international and U.S. education/RFGPs. Please read all VISA Regulations: Foreign participants in a variety of exchange-of- information before downloading. participants on programs sponsored by persons programs at no cost to the the Bureau are granted J–1 Exchange participants. This insurance is not all- Deadline for Proposals Visitor visas by the U.S. Embassy in the purpose health insurance; it is subject to All proposal copies must be received sending country. All programs must specific limitations. This insurance is at the Bureau of Educational and comply with J–1 visa regulations. Please not intended to replace any insurance a Cultural Affairs by 5 p.m. Washington, refer to the Proposal Submission participant may already have. Instead, DC time on June 10, 2002. Faxed Instructions (PSI) for further the intent is to supplement existing documents will not be accepted at any information. coverage and to ensure that a time. Documents postmarked the due Selection of Participants: Proposals participant’s basic health is protected in date but received on a later date will not should include description of an open, a foreign country. Please see the fuller be accepted. Each applicant must ensure merit-based process for selecting statement on insurance in the Proposal that the proposals are received by the international travelers in this project, Submission Instructions. above deadline. including methods of advertising, 12. Administrative Costs. Costs Applicants must follow all recruitment and selection. A sample necessary for the effective instructions given in the Application application should be submitted with administration of the program may Package. The applicant’s original the proposal. Applicants should expect include salaries for grantee organization proposal and ten (10) copies (unbound) to carry out the entire recruitment
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process, but the Bureau and the Public grant panels for advisory review. the proposal should be included, Affairs Sections of the U.S. Embassies Proposals may also be reviewed by the including proposed U.S. and African abroad should also be consulted. The Office of the Legal Adviser or by other staff, trainers, consultants, etc. Bureau and the U.S. Embassies retain Department elements. Final funding 3. Cost Effectiveness: Overhead and the right to nominate participants and to decisions are at the discretion of the administrative costs for the proposal, approve or reject participants Department of State’s Assistant including salaries, honoraria and recommended by the grantee institution. Secretary for Educational and Cultural subcontracts for services, should be kept Priority must be given to foreign Affairs. Final technical authority for to a minimum. participants who have not traveled to assistance awards (grants) resides with 4. Cost Sharing: Applicants are the United States. ECA encourages the Bureau’s Grants Officer. encouraged to cost share a portion of applicants to design programs for non- overhead and administrative expenses. Review Criteria English speakers where appropriate. Cost sharing, including contributions The Bureau is particularly interested in Technically eligible applications will from the applicant, U.S. or African projects that focus on or include persons be competitively reviewed according to partners, and other sources, should be with disabilities in any of the above- the criteria stated below. These criteria included in the budget. Although no listed themes. are not rank ordered, and all are minimum amount of cost sharing is important in the proposal evaluation. stipulated in this competition, Diversity, Freedom and Democracy Proposals should address each of these preference will be given to proposals Guidelines criteria: which provide cost sharing of at least 20 Pursuant to the Bureau’s authorizing 1. Program Planning and Ability to percent of total program costs. legislation, programs must maintain a Achieve Objectives: Program objectives 5. Program Evaluation: The proposal non-political character and should be should be stated clearly and precisely must include a plan and methodology to balanced and representative of the and should reflect the applicant’s evaluate the program’s successes, both diversity of American political, social, expertise in the subject area and the as activities unfold and at the program’s and cultural life. ‘‘Diversity’’ should be region. Objectives should respond to the conclusion. ECA recommends that the interpreted in the broadest sense and priority topics in this announcement, proposal include a draft survey encompass differences including, but and relate to the current conditions in questionnaire or other technique (such not limited to ethnicity, race, gender, the target country or countries. as a series of questions for a focus religion, geographic location, socio- Objectives should be reasonable, group) to link outcomes to original economic status, and physical attainable, and tied to the anticipated program objectives. The evaluation plan challenges. Applicants are strongly outcomes of the project. A detailed work should include a summation of goals encouraged to adhere to the plan should explain step-by-step how and results desired, and an indication of advancement of this principle both in objectives would be achieved and what types of information would be program administration and in program should include a timetable for used to determine if these goals were content. Please refer to the review completion of major tasks. The met or results achieved, as well as a criteria under the ‘Support for Diversity’ substance of project planning, description of how the applicant would section for specific suggestions on orientation sessions, workshops, gather and evaluate this information. incorporating diversity into the total presentations, consultations, site visits Please include with the proposal any proposal. Public Law 104–319 provides and seed/sub-grant projects should be evaluation tools (survey/focus group that ‘‘in carrying out programs of included as attachments (i.e. sample questions) that would be used as part of educational and cultural exchange in agendas, draft applications, etc.). the overall plan. countries whose people do not fully Responsibilities of U.S. and in-country 6. Follow-On Activities: The proposal enjoy freedom and democracy,’’ the partners should be clearly described. should provide a plan for continued Bureau ‘‘shall take appropriate steps to 2. Institutional Capacity: The follow-on activity (beyond the ECA provide opportunities for participation proposal should include: (a) The U.S. grant period), ensuring that ECA- in such programs to human rights and institution’s mission and date of supported programs are not isolated democracy leaders of such countries.’’ establishment; (b) detailed information events. Follow-on activities sponsored Public Law 106–113 requires that the about the capacity of any partner by the applicant should be clearly governments of the countries described institutions, and the history of the outlined. above do not have inappropriate partnership(s); (c) an outline of prior 7. Support of Diversity: The proposed influence in the selection process. awards—U.S. government and private project should demonstrate substantive Proposals should reflect advancement of support received for the target theme/ support of the Bureau’s policy on these goals in their program contents, to region; and (d) descriptions of diversity. Program content (training the full extent deemed feasible. experienced staff members and other sessions, resource materials, follow-on resource persons who would implement activities) and program administration Review Process the program. Proposed personnel and (participant selection process, The Bureau will acknowledge receipt institutional resources should be orientation, evaluation, resource/staff of all proposals and will review them adequate and appropriate to achieve the persons) should address diversity in a for technical eligibility. Proposals will program’s goals. The narrative should comprehensive and innovative manner. be deemed ineligible if they do not fully demonstrate proven ability to handle Applicants should refer to ECA’s adhere to the guidelines stated herein logistics. The proposal should reflect Diversity, Freedom and Democracy and in the Solicitation Package. All the institution’s expertise in the subject Guidelines below and on page four of eligible proposals will be reviewed by area and knowledge of the conditions in the Proposal Submission Instructions the program office, as well as the Public the target country/region(s). Specific (PSI). Diplomacy sections of U.S. embassies information about the African partners’ 8. Multiplier Effect/Impact: overseas, where appropriate. Eligible activities and accomplishments is Applicants should describe how proposals will be subject to compliance required and should be included in the responsibility and ownership of the with Federal and Bureau regulations section on ‘‘Institutional Capacity.’’ program would be transferred to the and guidelines and forwarded to Bureau Resumes for individuals mentioned in African participants to ensure continued
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activity and impact. Programs should be Notice and institutions. The means for designed so that the sharing of The terms and conditions published achieving these objectives may include information and training that occurs in this RFGP are binding and may not teaching, scholarship, and outreach to during the grant period will continue be modified by any Bureau professionals and other members of the long after the grant period is over. representative. Explanatory information communities served by the participating Proven methods of sustainability provided by the Bureau that contradicts institutions. include, but are not limited to: A model published language will not be binding. Program Overview TOT program that would include initial Issuance of the RFGP does not training, practice presentation sessions The FREEDOM Support Educational constitute an award commitment on the Partnerships Program, formerly known for the African participants, followed by part of the Government. The Bureau training activities coordinated and as the NIS College and University reserves the right to reduce, revise, or Partnerships Program and as the NIS implemented by the African increase proposal budgets in accordance participants in their home countries; a Community College Partnerships with the needs of the program and the Program, supports institutional linkages commitment to create or support in- availability of funds. Awards made will country training/resource centers; a in higher education with partners in be subject to periodic reporting and eligible countries with funding available curriculum program that would include evaluation requirements. teacher training, lesson plan through the FREEDOM Support Act. In development, and cooperation with Notification each of the three prior years, the Bureau issued a separate solicitation for ministries of education and related Final awards cannot be made until community colleges. This year, in an education administrators on funds have been appropriated by effort to streamline the administration of implementation; development of online Congress, allocated and committed grants, both programs are combined in communities, professional networks or through internal U.S. Department of professional associations; regularly this RFGP. State procedures. The Bureau also supports institutional published electronic and/or hard-copy Dated: April 11, 2002. newsletters. linkages in higher education with Patricia S. Harrison, partners worldwide through the Proposals will be more competitive to Assistant Secretary for Educational and Fulbright Educational Partnerships the extent that they have: an active, Cultural Affairs, Department of State. Program. Pending availability of FY existing partnership between a U.S. [FR Doc. 02–9503 Filed 4–17–02; 8:45 am] 2003 funding, it is anticipated that a organization and African institution(s); BILLING CODE 4710–05–P separate Request for Grant Proposals for a proven successful track record for the Fulbright Educational Partnerships conducting program activity; cost- Program will appear on the State sharing from U.S. and African sources, DEPARTMENT OF STATE Department Web site at http:// including donations of air fares, hotel [Public Notice 3993] exchanges.state.gov/education/rfgps. and/or housing costs, ground Other RFGPs for educational transportation, interpreters, room Bureau of Educational and Cultural partnerships may also be published this rentals, etc.; experienced staff with Affairs Request for Grant Proposals: fiscal year. relevant language ability; a clear, FREEDOM Support Educational convincing plan outlining exactly how Project Objectives Partnerships Program (Formerly NIS the program components will be carried College and University Partnerships This RFGP does not prescribe specific out and how permanent results will be Program and NIS Community College project objectives, but establishes the accomplished as a result of the grant; Partnerships Program) parameters within which applicants are and a follow-on plan that extends invited to propose projects. Proposals beyond the Bureau grant period. Please SUMMARY: The Office of Global should explain how project activities refer to the Review Criteria above. Educational Programs of the Bureau of will enable participants to achieve Authority Educational and Cultural Affairs in the specific institutional changes. Department of State announces an open Institutional objectives should be Overall grant making authority for competition for the FREEDOM Support consistent with the Program’s goal of this program is contained in the Mutual Educational Partnerships Program. supporting democratic systems based on Educational and Cultural Exchange Act Accredited, post-secondary educational market economies in the eligible of 1961, Public Law 87–256, as institutions meeting the provisions countries. While the benefits of the amended, also known as the Fulbright- described in Internal Revenue Code project to each of the participating Hays Act. The purpose of the Act is ‘‘to section 26 USC 501(c)(3) may apply to institutions may differ significantly in enable the Government of the United pursue institutional or departmental nature and scope based on their States to increase mutual understanding objectives in partnership with foreign respective needs and resource bases, between the people of the United States counterpart institutions with support proposals should outline well-reasoned and the people of other countries * * *; from the FREEDOM Support strategies that are designed to meet to strengthen the ties which unite us Educational Partnerships Program. specific objectives for each participating with other nations by demonstrating the These objectives should support the U.S. and foreign department or educational and cultural interests, overall goals of the Program: to support institution as a whole. Proposals to developments, and achievements of the democratic systems and market pursue a limited number of related people of the United States and other economies in Armenia, Azerbaijan, thematic objectives at each institution nations * * * and thus to assist in the Georgia, Kazakhstan, Kyrgyzstan, are generally preferred to proposals development of friendly, sympathetic Moldova, Russia, Tajikistan, Ukraine, addressing a large number of unrelated and peaceful relations between the and Uzbekistan, and to strengthen objectives. United States and the other countries of mutual understanding and cooperation For example, proposals may outline the world.’’ Funding authority for the between these countries and United the parameters and possible content of program cited above is provided States on subjects of enduring common new courses; new research or teaching through the Fulbright-Hays Act. interest to the participating countries specializations or methodologies; new
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or revised curricula; new programs for strategy; and, at the conclusion of the eligibility in this competition is found outreach to educators, professional project, summative evaluation of the in this RFGP under the headings ‘‘U.S. groups, or the general public. Proposals degree to which the project’s objectives Institution and Participant Eligibility’’ should explain clearly their strategies to have been achieved together with and ‘‘Foreign Institution and Participant promote curriculum, faculty, and staff observations about the project’s Eligibility.’’ development, as well as administrative continuing potential to influence the The proposal may include a request reform, at the foreign partner participating institutions and their for funding to reinforce the activities of institution(s). Projects may result in the surrounding communities or societies. exchange participants through the development of a new academic The final evaluation should also include establishment and maintenance of program or the restructuring of an recommendations about how to build Internet and/or electronic mail facilities existing program, and should equip upon project achievements. Evaluative as well as through interactive institutions of higher education to observations by external consultants technology or non-technology-based contribute to democracy and open with appropriate subject and regional distance-learning programs. Funding markets in the foreign partner country. expertise are especially encouraged. may not be used for the establishment Plans to enable participants to extend or maintenance of these facilities at Costs the benefits of the project to larger governmental organizations in the U.S. audiences through outreach to foreign A U.S. college or university must or at foreign governmental organizations government, NGO, and business submit the proposal and must be other than universities. Projects representatives are especially prepared to serve as the grant recipient focusing primarily on technology or encouraged. Proposals should also with responsibility for project physical infrastructure development are outline benefits that would accrue to the coordination. Proposals must include not eligible for consideration under this U.S. institutional partner(s). letters of commitment from all competition. The funding requested for In addition to demonstrating how institutional partners including the educational and technical materials in each participating institution can assist institution submitting the proposal. support of project activities should not its partner(s) to meet institutional goals, Each letter must be signed by an official exceed 25 percent of the Bureau’s proposals should also explain how this who is authorized to commit funding for the project. Proposals with cooperation will enable each institution institutional resources to the project. distance learning components should to address its own needs. Accordingly, The commitment of all partner describe pertinent course delivery applicants are encouraged to describe institutions to the proposed project methods, audiences, and technical the needs and deficiencies as well as the should be reflected in the cost-sharing requirements. Proposals that include capabilities and strengths of each which they offer in the context of their Internet, electronic mail, and other participating department and respective institutional capacities. interactive technologies in countries institution, and how each institution Although the contributions offered by where these technologies are not easily will contribute to and benefit from the U.S. and foreign institutions with maintained or financed should discuss achievement of project objectives. relatively few resources may be less how the foreign partner institution will Proposals that realistically assess than those offered by applicants with cover their costs after the project ends. institutional capacities will be better greater resources, all participating See the associated document entitled able to outline compelling objectives institutions should identify appropriate ‘‘Project Objectives, Goals, and that address institutional needs and cost-sharing. These costs may include Implementation’’ (POGI) for additional justify a request for support. To be estimated in-kind contributions. information on the funding the Bureau competitive, proposals should Proposed cost-sharing will be may provide and on restrictions and demonstrate that the participating considered an important indicator of maximum amounts that apply to certain institutions understand one another and each participating institution’s interest budget categories. are committed to mutual support and in the project and potential to benefit Applicants may propose other project cooperation in project implementation. from it. activities not specifically mentioned in If the proposed partnership would The Bureau’s support may be used to this solicitation if the activities reinforce occur within the context of a previous assist with the costs of the exchange the impact of the project. or ongoing project, the proposal should visits as well as the costs of the Pending the availability of FY 2003 explain how the request for Bureau administration of the project by the U.S. funds, the maximum award in the FY funding would build upon the pre- grantee institution. U.S. administrative 2003 competition will be $300,000. The existing relationship or complement costs that may be covered by the Bureau program awards grants for previous and concurrent projects. include administrative salaries, faculty approximately three years. Previous projects should be described, replacement costs, and direct Awards may be extended on a no-cost with details about the amounts and administrative costs but not indirect basis beyond the initial grant period by sources of support and the results of costs. In addition to the U.S. mutual agreement if progress toward previous cooperative efforts. administrative costs, the cost of project goals is satisfactory. Requests for Institutions receiving partnership administering the project at the foreign amounts smaller than the maximum are grant awards will be expected to submit partner organization(s) is eligible for the eligible. Budgets and budget notes periodic reports on the results of Bureau’s support and may be listed should carefully justify the amounts program activities. Proposals should within the program budget. Although requested. Grants awarded to outline and budget for a methodology each grant will be awarded to a single organizations with less than four years for project evaluation. The evaluation U.S. institutional partner, adequate of experience in conducting plan should include an assessment of provision in the proposal for the international exchange programs will be the current status of each participating administrative costs of the project at all limited to $60,000. department’s and institution’s needs at partner institutions, including the the time of program inception with foreign partner(s), is strongly Foreign Country and Location specific reference to project objectives; encouraged especially if a foreign Eligibility formative evaluation to allow for mid- partner has relatively few resources. Foreign partners from the following course revisions in the implementation More information on partner institution countries are eligible:
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—Armenia; in educational administration may of a J–1 visa during the exchange visits —Azerbaijan; address institutional administrative funded by this Program. Foreign —Georgia; reform within one of the eligible participants may not be U.S. citizens. —Kazakhstan; fields above, may attempt to Ineligibility —Kyrgyzstan; modernize university governance, or —Moldova; may support the creation of a degree A proposal will be deemed —Russia: Proposals for partnerships or certificate program in educational technically ineligible for consideration with institutions located in Moscow administration. if: or St. Petersburg should clearly (1) It does not fully adhere to the U.S. Institution and Participant indicate how those partnerships guidelines established in this document Eligibility would have an impact on other and in the Solicitation Package; regions. Proposals which designate a The lead institution and grant (2) It is not received by the deadline; partner institution in the Russian Far recipient in the project must be an (3) It is not submitted by the U.S. East and in Tomsk are especially accredited U.S. college or university. partner; encouraged. Applications from community colleges, (4) One of the partner institutions is —Tajikistan: In consideration of the institutions serving significant minority ineligible; current State Department warning populations, undergraduate liberal arts (5) The foreign country or geographic advising U.S. citizens to defer travel colleges, comprehensive universities, location is ineligible. research universities, and combinations to Tajikistan, proposals should not Authority include travel to Tajikistan by U.S. of these types of institutions are eligible. participants for at least the first year The lead U.S. organization in a Overall grant-making authority for of the project. In the event a grant is consortium or other combination of this program is contained in the Mutual awarded, the grantee should consult cooperating institutions is responsible Educational and Cultural Exchange Act with the program office regarding for submitting the application. Each of 1961, Public Law 87–256, as possible travel by U.S. participants. application must document the lead amended, also known as the Fulbright- —Ukraine: Proposals which designate organization’s authority to represent all Hays Act. The purpose of the Act is ‘‘to partner institutions outside Kiev are U.S. cooperating partners. Secondary enable the Government of the United encouraged; U.S. partners may include governmental States to increase mutual understanding —Uzbekistan. or non-governmental organizations at between the people of the United States the federal, state, or local levels as well and the people of other countries * * *; Partnerships including a secondary as non-profit service, community and to strengthen the ties which unite us foreign partner in a country not professional organizations. with other nations by demonstrating the included in the above list are eligible; With the exception of translators and educational and cultural interests, however, with the exception noted outside evaluators, participation is developments, and achievements of the below under the heading ‘‘Central limited to teachers, advanced graduate people of the United States and other European Partners,’’ the Bureau will not students, and administrators from the nations * * * and thus to assist in the cover overseas partner costs of partners participating U.S. institution(s). All development of friendly, sympathetic that are not from the eligible countries participants who are funded by the and peaceful relations between the listed in this section. Bureau under the program budget and United States and the other countries of Central European Partners: The who represent the U.S. institution must the world.’’ The funding authority for Bureau encourages proposals that build be U.S. citizens. Advanced graduate the program cited above is provided upon established collaboration between students at the U.S. institution(s) are through the Freedom for Russia and U.S. institutions and their partners in eligible for support from the project as Emerging Eurasian Democracies and Central and Eastern Europe in order to visiting instructors at a reign partner Open Markets Support Act of 1992 support faculty and curriculum institution. (FREEDOM Support Act). development in eligible countries and to Projects must conform with the promote regional cooperation. Funds Foreign Institution and Participant Eligibility Bureau’s requirements and guidelines may be budgeted for the exchange of outlined in the solicitation package for faculty between foreign partner In eligible countries, participation as this RFGP. Proposals that do not follow institutions and institutions of higher a primary partner is open to recognized RFGP requirements and the guidelines learning in Central and Eastern Europe degree granting institutions of post- appearing in the POGI and PSI will be (applicants planning to submit secondary education. Secondary excluded from consideration due to proposals for trilateral partnerships with partners may include independent technical ineligibility. a partner from Central and Eastern research institutes, relevant Europe are encouraged to contact the governmental organizations, and private Announcement Title and Number program office). non-profit organizations with project- All communications with the Bureau Eligible Fields related educational objectives. Except concerning this announcement should for translators and outside consultants refer to the FREEDOM Support The following fields are eligible: reporting on the status of project Educational Partnerships Program and —The social, political, and economic objectives, participation is limited to reference number ECA/A/S/U–03–04. sciences; teachers, administrators, researchers, or —Business, accounting and trade; advanced students from the Deadline for Proposals —Journalism and media studies; participating foreign institution(s). Any All copies must be received at the —Law; advanced student participant must have Bureau of Educational and Cultural —Public administration and public teaching responsibilities or be preparing Affairs by 5 p.m. Washington, DC time policy analysis; for such responsibilities. Foreign on Friday, December 6, 2002. Faxed —Library science; participants must be both qualified to documents will not be accepted —Education, continuing education, and receive U.S. J–1 visas and willing to (although faxed letters of commitment educational administration. Projects travel to the U.S. under the provisions from non-U.S. institutional partners
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may be submitted as part of the original until the Bureau proposal review governments of the countries described proposal), nor will documents process has been completed. above do not have inappropriate postmarked on Friday, December 6, influence in the selection process. Submissions 2002 but received on a later date. Proposals should reflect advancement of Applicants must follow all these goals in their program contents, to Approximate Grant Duration instructions given in the Solicitation the full extent deemed feasible. Pending the availability of funds, Package. The original and 10 hard Review Process grant activities should begin on or about copies of the complete application September 1, 2003 and should be package should be sent by the project’s The Bureau will acknowledge receipt planned to extend for approximately lead U.S. college or university to: U.S. of all proposals and will review them three years. Department of State, SA–44, Bureau of for technical eligibility. All eligible Educational and Cultural Affairs, Ref: proposals will be evaluated by To Download a Solicitation Package ECA/A/S/U–03–04, Program independent external reviewers. These Via Internet Management, ECA/EX/PM, Room 534, reviewers, who will be professional, Projects must conform with the 301 4th Street, SW., Washington, DC scholarly, or educational experts with Bureau’s requirements and guidelines 20547. appropriate regional and thematic outlined in the Solicitation Package for No later than one week after the knowledge, will provide this RFGP. The Solicitation Package deadline for receipt of the grant recommendations and assessments for includes more detailed award criteria, proposal, applicants must also submit consideration by the Bureau. The all application forms, and guidelines for the ‘‘Proposal Title Page,’’ ‘‘Executive Bureau will consider for funding only preparing proposals, including specific Summary,’’ and ‘‘Proposal Narrative,’’ those proposals which are criteria for preparation of the proposal sections of the proposal as e-mail recommended for funding by the budget. The Solicitation Package attachments in Microsoft Word independent external reviewers. includes the Project Objectives, Goals, (preferred), WordPerfect, or as ASCII Proposals may be reviewed by the and Implementation (hereafter, POGI) text files to the following e-mail Office of the Legal Advisor or by other and the Proposal Submission address: [email protected]. In offices of the U.S. Department of State. Instructions (hereafter, PSI). The entire the e-mail message subject line, include In addition, U.S. Embassy officers may Solicitation Package may be the following: ECA/A/S/U–03–04 and provide advisory comment. Final downloaded from the Bureau’s Web site the country or countries of the foreign funding decisions are at the discretion at: http://exchanges.state.gov/ partner(s) together with the names of the of the Department of State’s Assistant education/rfgps. Please read all U.S. and foreign partner institutions. To Secretary for Educational and Cultural reduce the time needed to obtain information before downloading. Affairs. Final technical authority for advisory comments from the Public assistance awards (grants or cooperative FOR FURTHER INFORMATION CONTACT: For Affairs Sections of U.S. Embassies agreements) will reside with the further information, contact the overseas, the Bureau will transmit these Bureau’s grants officer. Humphrey Fellowships and files electronically to these offices. Institutional Linkages Branch Review Criteria (FREEDOM Support Educational Diversity, Freedom and Democracy Guidelines All reviewers will use the criteria Partnerships Program); Office of Global below to reach funding Educational Programs; Bureau of Pursuant to the Bureau’s authorizing recommendations and decisions. Educational and Cultural Affairs; ECA/ legislation, programs must maintain a Technically eligible applications will be A/S/U, Room 349; U.S. Department of non-political character and should be reviewed competitively according to State; SA–44, 301 Fourth Street, SW., balanced and representative of the these criteria, which are not rank- Washington, DC 20547; phone: (202) diversity of American political, social, ordered or weighted. 619–5289, fax: (202) 401–1433. and cultural life. ‘‘Diversity’’ should be (1) Broad and Enduring Significance Prospective applicants are strongly interpreted in the broadest sense and of Institutional Objectives: Project encouraged to communicate about their encompass differences including, but objectives should have significant and proposals with one of the following not limited to ethnicity, race, gender, ongoing results for the participating regional program officers: Alanna Bailey religion, geographic location, socio- institutions and for their surrounding (telephone: (202) 205–8266, e-mail: economic status, and physical societies or communities by providing a [email protected]) on all inquiries challenges. Applicants are strongly deepened understanding of critical and correspondence regarding encouraged to adhere to the issues in one or more of the eligible partnerships in the Central Asia or advancement of this principle both in fields. Project objectives should relate Caucasus regions; Jonathan Cebra program administration and in program clearly to institutional and societal (telephone: (202) 205–8379, e-mail: content. Please refer to the review needs. [email protected]) on all inquiries and criteria under the ‘‘Support for (2) Creativity and Feasibility of correspondence regarding partnerships Diversity’’ section for specific Strategy to Achieve Project Objectives: with institutions in Ukraine; Marie suggestions on incorporating diversity Strategies to achieve project objectives Grant (telephone: (202) 619–5313, e- into the total proposal. Public Law 104– should be feasible and realistic within mail: [email protected]) on 319 provides that ‘‘in carrying out the projected budget and timeframe. inquiries and correspondence regarding programs of educational and cultural These strategies should utilize and partnerships in Moldova; Michelle exchange in countries whose people do reinforce exchange activities creatively Johnson (telephone: (202) 205–8434, e- not fully enjoy freedom and to ensure an efficient use of program mail: [email protected]) on all democracy,’’ the Bureau ‘‘shall take resources. inquiries and correspondence regarding appropriate steps to provide (3) Institutional Commitment to partnerships with institutions in Russia. opportunities for participation in such Cooperation: Proposals should Once the RFGP deadline has passed, programs to human rights and demonstrate significant understanding Department staff may not discuss this democracy leaders of such countries.’’ by each institution of its own needs and competition in any way with applicants Public Law 106–113 requires that the capacities and of the needs and
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capacities of its proposed partner(s), appropriated by Congress, allocated and commitment of participants and their together with a strong commitment by committed through internal Bureau institutions to understand one another the partner institutions, during and after procedures. and their respective approaches to the period of grant activity, to cooperate Dated: April 11, 2002. critical issues requiring international with one another in the mutual pursuit Patricia S. Harrison, cooperation. Partners under this of institutional objectives. Program will be considered ‘‘Fulbright (4) Project Evaluation: Proposals Assistant Secretary for Educational and Cultural Affairs, Department of State. institutional partners’’ by the J. William should outline a methodology for Fulbright Foreign Scholarship Board. determining the degree to which a [FR Doc. 02–9506 Filed 4–17–02; 8:45 am] The U.S. and foreign institutions of project meets its objectives, both while BILLING CODE 4710–05–P current and former Fulbright grantees the project is underway and at its are encouraged to submit proposals that conclusion. The final project evaluation DEPARTMENT OF STATE build on the achievements of the should include an external component individual Fulbrighters and extend their and should provide observations about Bureau of Educational and Cultural impact through broadened cooperation the project’s influence within the Affairs between the Fulbright host institution participating institutions as well as their and the one to which the individual surrounding communities or societies. [Public Notice 3992] participant returns at the conclusion of (5) Cost-effectiveness: Administrative the grant period. Other college and Request for Grant Proposals: Fulbright and program costs should be reasonable university teachers, researchers, and Educational Partnerships Program and appropriate with cost sharing administrators are also encouraged to provided by all participating SUMMARY: The Office of Global build on their knowledge of educational institutions within the context of their Educational Programs of the Bureau of needs in the U.S. and foreign countries respective capacities. We view cost Educational and Cultural Affairs in the through institutional cooperation with sharing as a reflection of institutional Department of State announces an open support from the Fulbright Educational commitment to the project. Although competition for the Fulbright Partnerships Program. The review indirect costs are eligible for inclusion Educational Partnerships Program. criteria outlined in this document as cost sharing by the applicant, Accredited, post-secondary educational emphasize the importance of mutual contributions should not be limited to institutions meeting the provisions commitment and shared benefits. indirect costs. described in Internal Revenue Code Proposals that do not benefit all (6) Support of Diversity: Proposals section 26 USC 501(c)(3) may apply to institutional partners are not should demonstrate substantive support pursue institutional or departmental appropriate to this Program. Potential of the Bureau’s policy on diversity by objectives in partnership with foreign applicants are discouraged from explaining how issues of diversity are counterpart institutions with support proposing projects that have been included in project objectives for all from the Fulbright Educational developed previously for other institutional partners. Issues resulting Partnerships Program. These objectives programs unless the projects are from differences of race, ethnicity, should support the overall goals of the reconceived with the overall goals and gender, religion, geography, socio- Program: to strengthen the review criteria for the Fulbright economic status, or physical challenge understanding of the United States in Educational Partnerships Program should be addressed during project foreign cultures and societies, and to clearly in mind. implementation. In addition, project strengthen the understanding of foreign Other RFGPs for educational participants and administrators should cultures and societies in the United partnerships may also be published this reflect the diversity within the societies States, by encouraging cooperation fiscal year. which they represent (see the section of between U.S. and foreign educational Project Objectives this document on ‘‘Diversity, Freedom, institutions on subjects of enduring and Democracy Guidelines’’). Proposals common interest to the United States, to This RFGP for the Fulbright should also discuss how the various the other countries, and to the Educational Partnerships Program does institutional partners approach diversity institutions participating in the not prescribe specific project objectives, issues in their respective communities Program. Proposals to increase the but establishes the parameters within or societies. understanding of the United States in which applicants are invited to propose projects. Proposals should explain how Notice countries and societies with significantly Islamic populations are project activities will enable The terms and conditions published especially encouraged this fiscal year, as participants to achieve specific in this RFGP are binding and may not are proposals to increase the institutional changes. While the benefits be modified by any State Department understanding of these countries and of the project to each of the participating representative. Explanatory information societies in the United States. institutions may differ significantly in provided by the Department of State nature and scope based on their that contradicts published language will Program Overview respective needs and resource bases, not be binding. Issuance of the RFGP The Bureau’s primary support for proposals should outline well-reasoned does not constitute an award institutional academic linkages at the strategies that are designed to meet commitment on the part of the tertiary level was provided previously specific objectives for each participating Government. The Bureau reserves the under programs known as the College U.S. and foreign department or right to reduce, revise, or increase and University Affiliations Program and institution as a whole. For example, proposal budgets in accordance with the the Educational Partnerships Program. proposals may outline the parameters needs of the program and the The Fulbright Educational Partnerships and possible content of new courses; availability of funds. Awards made will Program is a new program carrying new research or teaching specializations be subject to periodic reporting and forward the traditions of its or methodologies; new or revised evaluation requirements. predecessors. As in any Fulbright curricula; new programs for outreach to Notification Final awards cannot be exchange activity, the successful pursuit educators, professional groups, or the made until funds have been of project objectives will depend on the general public; or other changes
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specifically anticipated as a result of the Costs other than universities. Projects project. Proposals to pursue a limited A U.S. college or university must focusing primarily on technology or number of related thematic objectives at submit the proposal and must be physical infrastructure development are each institution are preferred to prepared to serve as the grant recipient not eligible for consideration under this proposals addressing a large number of with responsibility for project competition. The funding requested for unrelated objectives. coordination. Proposals must include educational and technical materials in In addition to demonstrating how letters of commitment from all support of project activities should not exceed approximately 20 percent of the each participating institution can assist institutional partners. Each letter must Bureau’s funding for the project. its partner(s) to meet institutional goals, be signed by an official who is Proposals with distance learning proposals should also explain how this authorized to commit institutional components should describe pertinent cooperation will enable each institution resources to the project. course delivery methods, audiences, to address its own needs. Accordingly, The commitment of all partner institutions to the proposed project and technical requirements. Proposals applicants are encouraged to describe that include Internet, electronic mail, the needs and deficiencies as well as the should be reflected in the cost-sharing which they offer in the context of their and other interactive technologies in capabilities and strengths of each countries where these technologies are respective institutional capacities. participating department and not easily maintained or financed Although the contributions offered by institution, and to explain how each should discuss how the foreign partner U.S. and foreign institutions with institution will contribute to and benefit institution will cover their costs after relatively few resources may be less from the achievement of project the project ends. objectives. Proposals that realistically than those offered by applicants with See the associated document entitled assess institutional capacities will be greater resources, all participating ‘‘Project Objectives, Goals, and better able to outline compelling institutions should identify appropriate Implementation’’ for additional objectives that address institutional cost-sharing. These costs may include information on the funding the Bureau needs and justify a request for support. estimated in-kind contributions. may provide and on restrictions and To be competitive, proposals should Proposed cost-sharing will be maximum amounts that apply to certain demonstrate that the participating considered an important indicator of budget categories. institutions understand one another and each participating institution’s interest Applicants may propose other project are committed to mutual support and in the project and potential to benefit activities not specifically mentioned in cooperation in project implementation. from it. this solicitation if the activities reinforce The Bureau’s support may be used to If the proposed partnership would the impact of the project. assist with the costs of the exchange Pending the availability of FY 2003 occur within the context of a previous visits as well as the costs of the or ongoing project, the proposal should funds, the maximum award in the FY administration of the project. U.S. 2003 competition will be $120,000. The explain how the request for Bureau administrative costs that may be funding would build upon the pre- minimum period of award is two years, covered by the Bureau include and the maximum period of award is existing relationship or complement administrative salaries, participant previous and concurrent projects. three years. Requests for amounts replacement costs, and other direct smaller than the maximum are eligible. Previous projects should be described, administrative costs but not indirect with details about the amounts and Budgets and budget notes should costs. In addition to the U.S. carefully justify the amounts requested. sources of support and the results of administrative costs, the cost of previous cooperative efforts. Grants awarded to organizations with administering the project at the foreign less than four years of experience in Institutions receiving partnership partner organization(s) is eligible for conducting international exchange grant awards will be expected to submit support by the Bureau and may be listed programs will be limited to $60,000. periodic reports on the results of within the program budget. Adequate The response to Requests for Grant program activities. Proposals should provision in the proposal for the Proposals for the support of outline and budget for a methodology administrative costs of the project at all partnerships in higher education has for project evaluation. The evaluation non-governmental partner institutions, been unusually strong in recent years. In plan should include an assessment of including the foreign partner(s), is FY 2001, the last year for which the current status of each participating strongly encouraged especially if the complete data are available, 99 eligible department’s and institution’s needs at foreign partner has relatively few proposals were submitted to the College the time of program inception with resources. More information on partner and University Affiliations Program, specific reference to project objectives; institution eligibility in this competition and 17 awards were made. formative evaluation to allow for mid- is found in this RFGP under the course revisions in the implementation headings ‘‘U.S. Institution and Foreign Country and Location strategy; and, at the conclusion of the Participant Eligibility’’ and ‘‘Foreign Eligibility project, summative evaluation of the Country and Participant Eligibility.’’ The eligibility of foreign countries degree to which the project’s objectives The proposal may include a request and locations varies from year to year. have been achieved together with for funding to reinforce the activities of Proposals may not include more than observations about the project’s exchange participants through the one listed country or location except as continuing potential to influence the establishment and maintenance of noted below under the headings participating institutions and their Internet and/or electronic mail facilities ‘‘Western Hemisphere’’ and ‘‘South surrounding communities or societies. as well as through interactive Asia.’’ Although these sections indicate The final evaluation should also include technology or non-technology-based priority concerns and emphases within recommendations about how to build distance-learning programs. Funding the world regions listed, applicants are upon project achievements. Evaluative may not be used for the establishment reminded that their proposals should observations by external consultants or maintenance of these facilities at outline anticipated benefits to the U.S. with appropriate subject and regional governmental organizations in the U.S. partner(s) as well. Proposals to increase expertise are especially encouraged. or at foreign governmental organizations the understanding of the United States
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in countries and societies with Ecuador, Haiti, Peru, and Venezuela. Up —Public health policy and significantly Islamic populations are to two of these listed countries may be administration. especially encouraged, as are proposals included with the U.S. in a project. Projects in the physical, technical, to increase the understanding of these (4) East Asia and the Pacific: We and medical sciences are not eligible countries and societies in the United encourage projects that will promote except when pertaining directly to States. democratic values and practices, that health policy and administration. (1) Europe/Eurasia: We encourage will encourage good governance and Additional information on themes of proposals that will promote deeper responsible administrative practices in interest in specific world regions may be understanding in the United States of either the public sector or the private found under the heading ‘‘Foreign social, cultural, and economic sector, that will strengthen civil society Country and Location Eligibility.’’ conditions in eligible European or the freedom and independence of the U.S. Institution and Participant countries, and a deeper understanding media, or that will help to create more Eligibility in these countries of social, cultural, transparent, market-oriented economies. and economic conditions in the United Eligible for FY 2003: Cambodia, The lead institution and grant States. We also encourage proposals that People’s Republic of China, Indonesia, recipient in the project must be an will equip universities in eligible Laos, Malaysia, the Philippines (with accredited U.S. college or university. European countries to support more special interest in projects involving Applications from community colleges, market-oriented economies, democratic Mindanao), and Taiwan. institutions serving significant minority political life, civil society, or (5) North Africa and the Middle East: populations, undergraduate liberal arts responsible administrative practices in We encourage projects that will increase colleges, comprehensive universities, the public sector. the understanding of Islamic cultures research universities, and combinations Eligible for FY 2003: Former Yugoslav and societies in the United States, and of these types of institutions are eligible. Republic of Macedonia, Poland, the understanding of U.S. culture and The lead U.S. organization in a Romania, and Turkey. society in the Islamic world. We also consortium or other combination of In addition, pending availability of encourage projects that will strengthen cooperating institutions is responsible FY2003 funding, it is anticipated that a civil society in eligible foreign for submitting the application. Each separate Request for Grant Proposals countries, that will support economic application must document the lead under the FREEDOM Support development, or that will encourage organization’s authority to represent all Educational Partnerships Program responsible, transparent administration U.S. cooperating partners. Secondary (which combines two programs formerly in the public sector. U.S. partners may include governmental known as the NIS College and Eligible for FY 2003: Algeria, Bahrain, or non-governmental organizations at University Partnerships Program and Gaza, Egypt, Jordan, Lebanon, Morocco, the federal, state, or local levels as well the NIS Community College Oman, Qatar, Saudi Arabia, Syria, as non-profit service, community and Partnerships Program) will appear for Tunisia, and West Bank. professional organizations. this fiscal year on the State Department (6) South Asia: We encourage projects New applicants are especially website at http://exchanges.state.gov/ that will increase the understanding of encouraged to apply. Pending the education/rfgps. For information about South Asian cultures and societies in availability of FY 2003 funds, the the FREEDOM Support Educational the United States, and the Bureau intends to provide at least 20 Partnerships Program, which supports understanding of the U.S. culture and percent of the awards under the FY partnerships with countries previously society in South Asia. We also 2003 Fulbright Educational Partnerships recognized as belonging to the Soviet encourage projects that will promote the Program to U.S. colleges and Union, contact the Humphrey development of good governance and universities that have not received Fellowships and Institutional Linkages responsible administrative practices in funding from the Bureau under an Branch, Office of Global Educational either the public sector or the private educational partnership or affiliations Programs (ECA/A/S/U), Room 349, U.S. sector in an eligible country; that will program during the previous seven Department of State, State Annex 44, provide wider access to education; or fiscal years (since FY 1996). A list of 301 4th Street, SW., Washington, DC that will address issues of social or previously issued educational 20547, phone: (202) 619–5289, fax: (202) religious diversity. partnership and affiliations grants can 401–1433. Eligible for FY 2003: Afghanistan, be found on the following website: (2) Sub-Saharan Africa: We encourage Bangladesh, India, and Pakistan. Up to http://exchanges.state.gov/education/ projects that will strengthen the role of two of these countries may be included cuap/history.pdf African institutions of higher education with the U.S. in a project. With the exception of translators and in an eligible country’s development outside evaluators, participation is and that will encourage increased Eligible Fields limited to teachers, advanced graduate involvement of African universities The following fields are eligible: students, and administrators from the with other local and international —The social, political, and economic participating U.S. institution(s). All institutions that contribute to African sciences; participants who are funded by the social, political or economic —Area and language studies, including Bureau under the program budget and development. American Studies; who represent the U.S. institution must Eligible for FY2003: Nigeria, Eritrea, —Business; be U.S. citizens. Advanced graduate Ethiopia, Senegal, and Zambia. —Educational development or students at the U.S. institution(s) are (3) Western Hemisphere: We administration; eligible for support from the project as encourage projects that will strengthen —Environmental studies; visiting instructors or researchers at a civic or administrative reform, with —The fine arts; foreign partner institution. special interest in economic reform, —The humanities; Foreign Institution and Participant educational development, journalism, —Journalism and media studies; and media studies. —Law; Eligibility Eligible for FY 2003: Bolivia, —Library science; In other countries, participation is Colombia, Dominican Republic, —Public administration; open to recognized institutions of post-
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secondary education, including state- appearing in the POGI and PSI will be e-mail: [email protected]; and for supported and independent excluded from consideration due to East Asia, North Africa, the Middle East, universities, research institutes, relevant technical ineligibility. and South Asia: Joan Zaffarano, e-mail: governmental organizations, and private [email protected]. Announcement Title and Number non-profit organizations with project- Once the RFGP deadline has passed, related educational objectives. Except All communications with the Bureau Department staff may not discuss this for translators and evaluators, concerning this announcement should competition in any way with applicants participation is limited to teachers, refer to the Fulbright Educational until the Bureau proposal review administrators, researchers, or advanced Partnerships Program and reference process has been completed. number ECA/A/S/U–03–01. students from the participating foreign Submissions institution(s). Any advanced student Deadline for Proposals participant must either have teaching or Applicants must follow all All copies must be received at the research responsibilities or be preparing instructions given in the Solicitation Bureau of Educational and Cultural for such responsibilities. Foreign Package. The original and 10 hard Affairs by 5 p.m. Washington, DC time participants must be both qualified to copies of the complete application on Friday, November 22, 2002. Faxed receive U.S. J–1 visas and willing to package should be sent by the project’s documents will not be accepted travel to the U.S. under the provisions lead U.S. college or university to: U.S. (although faxed letters of commitment of a J–1 visa during the exchange visits Department of State, SA–44, Bureau of from non-U.S. institutional partners funded by this Program. Foreign Educational and Cultural Affairs, Ref: may be submitted as part of the original participants may not be U.S. citizens. ECA/A/S/U–03–01, Program proposal), nor will documents Management, ECA/EX/PM, Room 534, Ineligibility postmarked on Friday, November 22, 301 4th Street, SW., Washington, DC A proposal will be deemed 2002 but received on a later date. 20547. No later than one week after the technically ineligible for consideration Approximate Grant Duration if: deadline for receipt of the grant Pending the availability of funds, (1) It does not fully adhere to the proposal, applicants must also submit grant activities should begin on or about guidelines established in this document the ‘‘Proposal Title Page,’’ ‘‘Executive September 1, 2003 and should be and in the Solicitation Package; Summary,’’ and ‘‘Proposal Narrative’’ (2) It is not received by the deadline; planned to extend over a period of two sections of the proposal as e-mail (3) It is not submitted by the U.S. to three years. attachments in Microsoft Word partner; To Download a Solicitation Package via (preferred), WordPerfect, or as ASCII (4) One of the partner institutions is Internet text files to the following e-mail ineligible; address: [email protected]. In (5) The foreign country or geographic Projects must conform with the the e-mail message subject line, include location is ineligible. Bureau’s requirements and guidelines the following: ECA/A/S/U–03–01 and outlined in the Solicitation Package for the country or countries of the foreign Authority this RFGP. The Solicitation Package partner(s) together with the names of the Overall grant-making authority for includes more detailed award criteria, U.S. and foreign partner institutions. To this program is contained in the Mutual all application forms, and guidelines for reduce the time needed to obtain Educational and Cultural Exchange Act preparing proposals, including specific advisory comments from the Public of 1961, Public Law 87–256, as criteria for preparation of the proposal Affairs Sections of U.S. Embassies amended, also known as the Fulbright- budget. The Solicitation Package overseas and from binational Fulbright Hays Act. The purpose of the Act is ‘‘to includes the Project Objectives, Goals, Commissions, the Bureau will transmit enable the Government of the United and Implementation (hereafter, POGI) these files electronically to these offices. States to increase mutual understanding and the Proposal Submission between the people of the United States Instructions (hereafter, PSI). The entire Diversity, Freedom and Democracy and the people of other countries * * *; Solicitation Package may be Guidelines to strengthen the ties which unite us downloaded from the Bureau’s website Pursuant to the Bureau’s authorizing with other nations by demonstrating the at: http://exchanges.state.gov/ legislation, programs must maintain a educational and cultural interests, education/rfgps. Please read all non-political character and should be developments, and achievements of the information before downloading. balanced and representative of the people of the United States and other FOR FURTHER INFORMATION: For further diversity of American political, social, nations* * *and thus to assist in the information, contact the Humphrey and cultural life. ‘‘Diversity’’ should be development of friendly, sympathetic Fellowships and Institutional Linkages interpreted in the broadest sense and and peaceful relations between the Branch (Fulbright Educational encompass differences including, but United States and the other countries of Partnerships Program); Office of Global not limited to ethnicity, race, gender, the world. The funding authority for the Educational Programs; Bureau of religion, geographic location, socio- program cited above is provided Educational and Cultural Affairs; ECA/ economic status, and physical through the Fulbright-Hays Act. A/S/U, Room 349; U.S. Department of challenges. Applicants are strongly Additional funding may be provided State; SA–44, 301 Fourth Street, SW.; encouraged to adhere to the through separate appropriations that Washington, DC 20547; phone: (202) advancement of this principle both in may be made available to the Bureau to 619–5289, fax: (202) 401–1433. program administration and in program support international educational Prospective applicants are strongly content. Please refer to the review partnerships. encouraged to communicate about their criteria under the ‘‘Support for Projects must conform with the proposals with one of the following Diversity’’ section for specific Bureau’s requirements and guidelines Fulbright Educational Partnerships suggestions on incorporating diversity outlined in the solicitation package for regional program officers: for sub- into the total proposal. Public Law 104– this RFGP. Proposals that do not follow Saharan Africa, the Western 319 provides that ‘‘in carrying out RFGP requirements and the guidelines Hemisphere and Europe: Maria Urbina, programs of educational and cultural
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exchange in countries whose people do Strategies to achieve project objectives not be binding. Issuance of the RFGP not fully enjoy freedom and should be feasible and realistic within does not constitute an award democracy,’’ the Bureau ‘‘shall take the projected budget and timeframe. commitment on the part of the appropriate steps to provide These strategies should utilize and Government. The Bureau reserves the opportunities for participation in such reinforce exchange activities creatively right to reduce, revise, or increase programs to human rights and to ensure an efficient use of program proposal budgets in accordance with the democracy leaders of such countries.’’ resources. needs of the program and the Public Law 106–113 requires that the (3) Institutional Commitment to availability of funds. Awards made will governments of the countries described Cooperation: Proposals should be subject to periodic reporting and above do not have inappropriate demonstrate significant understanding evaluation requirements. influence in the selection process. by each institution of its own needs and Proposals should reflect advancement of capacities and of the needs and Notification these goals in their program contents, to capacities of its proposed partner(s), Final awards cannot be made until the full extent deemed feasible. together with a strong commitment by funds have been appropriated by the partner institutions, during and after Congress, allocated and committed Review Process the period of grant activity, to cooperate through internal Bureau procedures. The Bureau will acknowledge receipt with one another in the mutual pursuit Dated: April 11, 2002. of all proposals and will review them of institutional objectives. for technical eligibility. All eligible (4) Project Evaluation: Proposals Patricia S. Harrison, proposals will be evaluated by should outline a methodology for Assistant Secretary for Educational and independent external reviewers. These determining the degree to which a Cultural Affairs, Department of State. reviewers, who will be professional, project meets its objectives, both while [FR Doc. 02–9505 Filed 4–17–02; 8:45 am] scholarly, or educational experts with the project is underway and at its BILLING CODE 4710–05–P appropriate regional and thematic conclusion. The final project evaluation knowledge, will provide should include an external component recommendations and assessments for and should provide observations about DEPARTMENT OF STATE consideration by the Bureau. The the project’s influence within the Bureau of Nonproliferation Bureau will consider for funding only participating institutions as well as their those proposals which are surrounding communities or societies. [Public Notice 3994] recommended for funding by the (5) Cost-effectiveness: Administrative independent external reviewers. and program costs should be reasonable Correction to Public Notice 3838: Proposals may be reviewed by the and appropriate with cost sharing Waiver of Certain Missile Proliferation Office of the Legal Advisor or by other provided by all participating Sanctions Imposed on the Pakistani offices of the U.S. Department of State. institutions within the context of their Ministry of Defense (MOD) In addition, U.S. Embassy or binational respective capacities. We view cost AGENCY: Department of State. sharing as a reflection of institutional Fulbright Commission officers may ACTION: Notice. provide advisory comment. Final commitment to the project. Although funding decisions are at the discretion indirect costs are eligible for inclusion SUMMARY: This is a correction to Public of the Department of State’s Assistant as cost sharing by the applicant, Notice 3838, ‘‘Waiver of Certain Missile Secretary for Educational and Cultural contributions should not be limited to Proliferation Sanctions Imposed on the Affairs. Proposals must also be indirect costs. Pakistani Ministry of Defense (MOD),’’ approved by the J. William Fulbright (6) Support of Diversity: Proposals issued November 13, 2001. P.N. 3838 Foreign Scholarship Board. Final should demonstrate substantive support contains a typographical error under technical authority for assistance of the Bureau’s policy on diversity by ‘‘Supplementary Information,’’ line 15. awards (grants or cooperative explaining how issues of diversity are The incorrect text reads, ‘‘* * * (1) To agreements) will reside with the included in project objectives for all support Operation Enduring Freedom Bureau’s grants officer. institutional partners. Issues resulting and (2) to permit sale * * *.’’ The from differences of race, ethnicity, Review Criteria correct text (below) should read, ‘‘*** gender, religion, geography, socio- (1) To support Operation Enduring All reviewers will use the criteria economic status, or physical challenge Freedom or (2) to permit sale * * *.’’ below to reach funding should be addressed during project The corrected public notice is recommendations and decisions. implementation. In addition, project reproduced below in order to clarify the Technically eligible applications will be participants and administrators should scope of the November 2, 2001 reviewed competitively according to reflect the diversity within the societies determination. these criteria, which are not rank- which they represent (see the section of EFFECTIVE DATE: November 2, 2001. ordered or weighted. this document on ‘‘Diversity, Freedom, (1) Broad and Enduring Significance and Democracy Guidelines’’). Proposals FOR FURTHER INFORMATION CONTACT: On of Institutional Objectives: Project should also discuss how the various missile sanctions issues: Pamela Roe, objectives should have significant and institutional partners approach diversity Office of Chemical, Biological and ongoing results for the participating issues in their respective communities Missile Nonproliferation, Bureau of institutions and for their surrounding or societies. Nonproliferation, Department of State, societies or communities by providing a (202) 647–4931. On U.S. Government deepened understanding of critical Notice contracts: Gladys Gines, Office of the issues in one or more of the eligible The terms and conditions published Procurement Executive, Department of fields. Project objectives should relate in this RFGP are binding and may not State, (703–516–1691). clearly to institutional and societal be modified by any State Department SUPPLEMENTARY INFORMATION: Pursuant needs. representative. Explanatory information to section 73(e) of the Arms Export (2) Creativity and Feasibility of provided by the Department of State Control Act (22 U.S.C. 2797b(e)), section Strategy to Achieve Project Objectives: that contradicts published language will 11B(b)(5) of the Export Administration
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Act of 1979 (50 U.S.C. app. whether the proposed licenses or section 202(b) of the Trade Act (22 2410b(b)(5))(as carried out under contracts are within the scope of the U.S.C. 2252(b)) that (1) carbon and alloy Executive Order 13222 of August 17, waiver. steel slabs, plate (including cut-to- 2001 (66 FR 44025)), and section 2 of These procedures will remain in length plate and clad plate), hot-rolled Public Law 107–57, a determination was effect until November 21, 2002 or until sheet and strip (including plate in coils), made on November 2, 2001, that it is otherwise notified prior to this date. cold-rolled sheet and strip (other than essential to the national security of the Dated: April 12, 2002. grain-oriented electrical steel), and United States to waive missile John S. Wolf, corrosion-resistant and other coated proliferation sanctions imposed on sheet and strip; (2) carbon and alloy hot- November 21, 2000, on the Pakistani Assistant Secretary of State for rolled bar and light shapes; (3) carbon Nonproliferation, Department of State. Ministry of Defense (‘‘MOD’’), its sub- and alloy cold-finished bar; (4) rebar; (5) units and successors, as follows: [FR Doc. 02–9507 Filed 4–17–02; 8:45 am] carbon and alloy welded tubular The prohibition on exports of items BILLING CODE 4710–25–P products (other than oil country tubular and technology and U.S. Government goods); (6) carbon and alloy flanges, contracts as described in section fittings, and tool joints; (7) stainless 73(a)(2)(B) of the Arms Export Control OFFICE OF THE UNITED STATES steel bar and light shapes; and (8) Act (22 U.S.C. 2797b(a)(2)(B)) and the TRADE REPRESENTATIVE stainless steel rod are being imported in prohibition on new individual export such increased quantities as to be a licenses as described in section Procedures for Further Consideration substantial cause of serious injury, or 11B(b)(1)(B)(ii) of the Export of Requests for Exclusion of Particular the threat thereof, to the domestic Administration Act of 1979 (50 U.S.C. Products From Actions With Regard to industries producing those products. app. 2410b(b)(1)(B)(ii)) were waived for Certain Steel Products Under Section The Commissioners voting were equally transactions determined to be needed 203 of the Trade Act of 1974, as divided with respect to the (1) to support Operation Enduring Established in Presidential determination under section 202(b) of Freedom or (2) to permit sale or export Proclamation 7529 of March 5, 2002 the Trade Act as to whether increased to Pakistan of defense articles or defense AGENCY: Office of the United States imports of (9) carbon and alloy tin mill services comparable to those delivery of Trade Representative. products; (10) tool steel, all forms; (11) which was blocked by the imposition of ACTION: Notice. stainless steel wire; and (12) stainless sanctions on May 30, 1998. steel flanges and fittings are being The following missile proliferation SUMMARY: In a notice published on imported in such increased quantities as sanctions will remain in place: October 26, 2001 (66 F.R. 54321) to be a substantial cause of serious (1) Sanctions against the Pakistani (Notice), the Trade Policy Staff injury, or the threat thereof, to the entities Space and Upper Atmosphere Committee (TPSC) established domestic industries producing those Research Commission (SUPARCO) and procedures for interested persons to products. National Development Complex (NDC); request the exclusion of particular On October 26, 2001, the TPSC (2) Import sanctions against the products from any action the President published the Notice, which requested Pakistani MOD pursuant to section might take under section 203 of the comments on what action the President 73(a)(2)(C) of the Arms Export Control Trade Act of 1974, as amended, (19 should take under section 203 of the Act and section 11B(b)(1)(B)(iii) of the U.S.C. 2253) (Trade Act) with regard to Trade Act, including any exclusion Export Administration Act; certain steel products. Presidential requests. The TPSC received more than (3) Prohibition on new State or Proclamation 7529 of March 5, 2002 200 requests, covering approximately Commerce export licenses to and new established such actions (safeguard 1000 particular products. Each request USG contracts with the Pakistani MOD measures) with regard to certain steel was assigned a tracking number, in the absence of a determination that products, but excluded some of the beginning with an X (the X number), the transaction is within the scope of particular products identified in and posted on the USTR website, the waiver described above. requests for exclusion made in response http://www.ustr.gov/sectors/industry/ Implementing Procedures: This steel201/exclusion_requests.htm. correction notice also serves as to the Notice. See 67 F.R. 10553 (March 7, 2002). Proclamation 7529 authorized On March 5, 2002, the President instruction to all U.S. Government issued Proclamation 7529, which agencies as to the procedures for the United States Trade Representative (USTR) to further consider requests for established safeguard measures in the implementing this waiver. Initiating form of increases in duty and a tariff- authorities will seek concurrence from exclusion of particular products (exclusion requests) submitted in rate quota pursuant to section 203 of the the Under Secretary of State for Arms Trade Act on imports of ten steel Control and International Security that accordance with the procedures set out in the Notice. The USTR is establishing products described in paragraph 7 of proposed new individual export that proclamation. Effective with respect procedures for further consideration of licenses or U.S. Government contracts to goods entered, or withdrawn from such requests and, to the extent with the Pakistani MOD are within the warehouse for consumption, on or after possible, for consideration of exclusion scope of the waiver. Initiating 12:01 a.m., EST, on March 20, 2002, requests submitted after the time period authorities are instructed to obtain the Proclamation 7529 modifies the HTS so specified in the Notice. views of the Departments of State, as to provide for such increased duties Defense, Commerce and Treasury as to EFFECTIVE DATE: April 18, 2002. and a tariff-rate quota. Proclamation whether proposed individual export FOR FURTHER INFORMATION CONTACT: 7529 also delegated to the USTR the licenses or U.S. Government contracts Office of Industry, Office of the United authority to further consider exclusion with the Pakistani MOD are within the States Trade Representative, 600 17th requests submitted in accordance with scope of the waiver and include those Street, NW, Room 501, Washington DC, the procedures set out in the Notice and, interagency views in their submission to 20508. Telephone (202) 395–5656. upon publication in the Federal the Under Secretary of State for Arms SUPPLEMENTARY INFORMATION: On Register of a notice of his finding that Control and International Security, who October 22, 2001, the ITC issued a particular product should be will make the final determination as to affirmative determinations under excluded, to modify the HTS provisions
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created by the Annex to that Federal Register notice that will be Any description of the product proclamation to exclude such particular issued shortly. subject to an exclusion request must product from the pertinent safeguard If a complete response to the requester include only publicly available measure. USTR published a notice in 67 questionnaire with regard to a particular information, in text form (no tables or F.R. 16484 (April 5, 2002), excluding product has not been received by the graphs), with all units of measurement certain particular products from the date indicated above, USTR may converted to metric equivalents. The safeguard measure. disregard the exclusion request for that description must be sufficient to To facilitate the further consideration product. If a complete response to the differentiate the product from other of exclusion requests submitted in objector questionnaire with regard to a products, and to allow for enforcement accordance with the procedures set particular product has not been received of the exclusion, if granted, by the U.S. forth in the Notice, USTR requests by the date indicated above, USTR will Customs Service. interested persons who remain assume that the domestic industry does We strongly discourage the interested in the exclusion of a not object to the exclusion of that submission of business confidential particular product identified by an X particular product. information. Any questionnaire number to provide additional Each request will be evaluated on a response that contains business information, and to organize previously case-by-case basis. USTR will grant only confidential information must be submitted information in a standard those exclusions that do not undermine accompanied by six copies of a public format. USTR, in conjunction with the the objectives of the safeguard measures. summary that does not contain business U.S. Department of Commerce, has In analyzing the requests, USTR will confidential information, and a diskette developed a series of questions designed consider whether the product is containing an electronic version of the to elicit information that clearly currently being produced in the United public summary. Any paper submission identifies the product under States, whether substitution of the and diskette containing business consideration, and to provide detailed product is possible, whether confidential information must be clearly information on the requester’s situation. qualification requirements affect the marked ‘‘Business Confidential’’ at the These questions, presented in the form requestor’s ability to use domestic top and bottom of the cover page (or of a requester questionnaire, are products, inventories, whether the letter) and each succeeding page of the available on the USTR and Commerce requested product is under development submission, and on the label of the Department websites at < http:// by a U.S. producer who will imminently diskette. The version that does not ia.ita.doc.gov/steel/exclusion/>. be able to produce it in marketable contain business confidential Interested persons who remain quantities and any other relevant information should also be clearly interested in the exclusion of a factors. Where necessary, USTR and/or marked, at the top and bottom of each particular product that has received an the Commerce Department will meet page, ‘‘public version’’ or X number should provide responses to with parties to discuss the information ‘‘nonconfidential,’’ and on the label of this questionnaire by April 23, 2002. that was submitted and/or to gain the diskette. Short descriptions of the particular additional information. products covered by complete Every effort will be made to process Paperwork Reduction Act questionnaire responses will be posted requests as soon as possible consistent This notice contains a collection of on the website by April 30, 2002. To with resources and the quality of information provision subject to the facilitate the further consideration of information that is received. Requests Paperwork Reduction Act (PRA) that the previously submitted objections to identified by an X number will receive Office of Management and Budget exclusion requests, USTR requests primary consideration. (OMB) has approved. Notwithstanding interested persons who remain Submission of Requests for Exclusion any other provision of law, no person is interested in opposing the exclusion of and Opposition to Requests for required to respond to nor shall a a particular product identified by an X Exclusion person be subject to a penalty for failure number to provide additional to comply with a collection of information, and to organize previously Interested persons submitting a information subject to the requirements submitted information in a standard response to a requester or objector of the PRA unless that collection of format. questionnaire should file six paper information displays a currently valid USTR, in conjunction with the copies of the questionnaire responses OMB number. This notice’s collection of Commerce Department, has developed a with the Department of Commerce information burden is only for those series of questions designed to Central Records Unit (B099), along with persons who wish voluntarily to request substantiate any objections. These an electronic version in WordPerfect or the exclusion of a product from the questions, presented in the form of an Microsoft Word format on a computer safeguard measures. It is expected that objector questionnaire, will be available diskette. The submitter must provide the collection of information burden on the USTR and Commerce the following information at the top of will be no more than 20 hours. This Department websites at
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DEPARTMENT OF TRANSPORTATION reports already being prepared by the Subparts A, D, E, F and G from § 23.1 airlines which cover the following through 23.1589. The guidance applies Office of the Secretary issues, or any other issue that the to the flight tests and pilot judgements airlines believe would provide useful in normal, utility, acrobatic, and Supplemental Information From U.S. information: Financial Data (including commuter category airplanes. The AC Carriers Required To Monitor Industry year/year, week/week or similar consolidates existing policy documents, Development and Recovery relevant benchmarks) Operations Data and certain AC’s that cover specific AGENCY: Office of the Secretary, DOT. (including year/year, week/week or paragraphs of the regulations, into a similar relevant benchmarks) Traffic single document. Material in the AC is SUMMARY: In accordance with the neither mandatory nor regulatory in Paperwork Reduction Act of 1995 (44 and Fare Data (including year/year, nature and does not constitute a U.S.C. chapter 35, as amended), this week/week or similar relevant regulation. notice announces the Department of benchmarks) Bookings & Cancellations Transportation’s (DOT) intention to Data (including year/year, week/week or DATES: Comments must be received on request the extension of a previously similar relevant benchmarks). or before June 17, 2002. Respondents: U. S. air carriers. ADDRESSES: Send all comments on the approved collection. Estimated Number of Respondents: proposed AC to: Federal Aviation DATES: Comments on this notice must be 70/185. received June 17, 2002. Estimated Total Burden on Administration, Small Airplane Directorate, Aircraft Certification ADDRESSES: Comments should be Respondents: 1050/1110. directed to the Assistant General Comments are invited on: Whether Service, Regulations and Policy (ACE– Counsel For Regulation and the proposed collection of Information 111), 901 Locust Street, Kansas City, Enforcement, Office of the Secretary, is necessary for the proper performance Missouri 64106. U.S. Department of Transportation, 400 of the functions of the Department, FOR FURTHER INFORMATION CONTACT: Ms. Seventh Street, SW., Washington, DC including whether the information will Pat Nininger, Standards Office, Small 20590. have practical utility; (b) the accuracy of Airplane Directorate, Aircraft the Department’s estimate of the burden Certification Service, Kansas City, FOR FURTHER INFORMATION CONTACT: of the proposed information collection; Missouri 64106, telephone (816) 329– Robert C. Ashby, Deputy Assistant (c) ways to enhance the quality, utility, 4129, fax (816) 329–4090. General Counsel For Regulation and and clarity of the information to be SUPPLEMENTARY INFORMATION: Any Enforcement, Office of the Secretary, collected, and (d) ways to minimize the person may obtain a copy of this U.S. Department of Transportation, 400 burden of the collection of information proposed AC by contacting the person Seventh Street, SW., Washington, DC of respondents, including the use of named above under FOR FURTHER 20590, (202) 366–9306. automated collection techniques or INFORMATION CONTACT. A copy of the AC SUPPLEMENTARY INFORMATION: other forms of information technology. will also be available on the Internet at Title: Supplemental Information from All responses to this notice will be http://www.faa.gov/certification/ U.S. Carriers Required to Monitor summarized and included in the request aircraft/air_index.htm within a few Industry Development and Recovery. for OMB approval. All comments will days. OMB Control Number: 2105–0544. also become a matter of public record. Type of Request: Authority for the Comments Invited Issued in Washington DC, on April 9, 2002. currently approved data collection We invite interested parties to submit expired on February 28, 2002. By this Neil R. Eisner, comments on the proposed AC. notice, the Department is requesting an Assistant General Counsel for Regulation and Commenters must identify AC 23–XX– extension until February 28, 2003. Enforcement. 8B and submit comments to the address Abstract: As a consequence of the [FR Doc. 02–9416 Filed 4–17–02; 8:45 am] specified above. The FAA will consider terrorist attacks on the United States on BILLING CODE 4910–62–P all communications received on or September 11, 2001, the U.S. before the closing date for comments commercial aviation industry suffered before issuing the final AC. The severe financial losses. These losses DEPARTMENT OF TRANSPORTATION proposed AC and comments received placed the financial survival of many air may be inspected at the Standards carriers at risk. Acting rapidly to Federal Aviation Administration Office (ACE–110), 901 Locust, Room preserve the continued viability of the Advisory Circular 23–XX–8B, Flight 301, Kansas City, Missouri, between the U.S. air transportation system, President hours of 8:30 and 4:00 p.m. weekdays, Bush sought and Congress enacted the Test Guide for Certification of Part 23 Airplanes except Federal holidays by making an Air Transportation Safety and System appointment in advance with the person Stabilization Act (‘‘the Act’’), Public AGENCY: Federal Aviation listed under FOR FURTHER INFORMATION Law 107–42. Administration (FAA), DOT. CONTACT. In order to monitor developments in ACTION: Notice of availability of Background the recovery of the airline industry and proposed advisory circular (AC) and to evaluate various options for financial request for comments. AC 23–8, Flight Test Guide for and other assistance, we believe that Certification of Normal, Utility, and supplemental ad hoc information SUMMARY: This notice announces the Acrobatic Category Airplanes replaced submitted on a weekly basis by the availability of and requests comments FAA Order 8110.7, Engineering Flight airlines is critically necessary. This is on a proposed AC. Proposed AC 23– Test Guide for Small Airplanes, dated because information and data currently XX–8B provides information and June 20, 1972, and consolidated existing routinely submitted by the airlines to guidance concerning an acceptable flight test policy. AC 23–8 did not cover the Department has substantial time means, but not the only means, of commuter category airplanes. AC 23–8A lags. compliance with Title 14 of the Code of updated the original 23–8 by adding The Department specifically requires Federal Regulations (14 CFR) part 23, information and guidance for commuter copies (printed or electronic) of routine subpart B and various sections under airplanes. AC 23–XX–8B again updates
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the Flight Test Guide to incorporate Advisory Committee Act (Pub. L. 92– Suite 805, Washington, DC 20036; information and guidance through 14 463, 5 U.S.C., Appendix 2), notice is telephone (202) 833–9339; fax (202) CFR part 23, Amendment 23–51. The hereby given for a Free Flight Steering 833–9434; Web site http://www.rtca.org. AC also incorporates material Committee meeting. The agenda will SUPPLEMENTARY INFORMATION: Pursuant harmonized with the European Joint include: to section 10(a)(2) of the Federal Aviation Authorities (JAA). AC 23–XX– • April 24: • Advisory Committee Act (Pub. L. 92– 8B and the JAA Advisory Circular Joint Opening Session (Welcome and 463, 5 U.S.C., Appendix 2), notice is for Flight Test are essentially identical Introductory Remarks, Review/Approve hereby given for a Special Committee for all sections with the exception of Summary of Previous Meeting) • 199 meeting. The agenda will include: known disharmonies. Status of Select Committee Tasking/ • Activities: April 30: In 1968, the Federal Aviation • • Opening Session (Welcome, Administration (FAA) instituted an Update NAS Concept of Operations • Status of Concept of Equipage Introductory and Administrative extensive review of the airworthiness • Status of Mandate vs. Voluntary Remarks, Agenda Overview, Review standards of part 23. Since then, the Equipage Minutes of Previous Meeting, Action regulations have been amended through • Perspectives of Free Flight Phases 1 Items from Last Meeting) Amendment 23–53. These amendments and 2 • Workgroup Reports and Discussions have changed most of the sections of • Status of Airspace Restructuring on Developments, New Standard Text part 23. The revised advisory circular Activity and Comments from members provides guidance for the original issue • Safe Flight 21 Overview (Document Sections 1–4, Biometrics • of part 23 and the various amendments Status of Automatic Dependent workgroup, Smart card workgroup, through Amendment 23–51. The Surveillance-Broadcast (ADS–B) Link Database workgroup) advisory circular covers policy available Decision • • Closing Session (Any Other through June 30, 1994. Policy that Discussion/Guidance to Select Business, Establish Agenda for Next became available after June 30, 1994, Committee Meeting, Data and Place of Next • Closing Session (Other Business, will be covered in future amendments to Meeting) the advisory circular. Accordingly, the Date and Place of Next Meeting) Attendance is open to the interested Attendance is open to the interested FAA is proposing and requesting public but limited to space availability. comments on AC 23–XX–8B. public but limited to space availability. With the approval of the chairmen, With the approval of the chairmen, Issued in Kansas City, Missouri on March members of the public may present oral 6, 2002. members of the public may present oral statements at the meeting. Persons statements at the meeting. Persons Michael Gallagher, wishing to present statements or obtain wishing to present statements or obtain Manager, Small Airplane Directorate, Aircraft information should contact the person information should contact the person Certification Service. FOR FURTHER INFORMATION listed in the FOR FURTHER INFORMATION listed in the [FR Doc. 02–9403 Filed 4–17–02; 8:45 am] CONTACT CONTACT section. Members of the public section. Members of the public BILLING CODE 4910–13–P may present a written statement to the may present a written statement to the committee at any time. committee at any time. Issued in Washington, DC, on April 3, DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on April 9, 2002. 2002. Federal Aviation Administration Janice L. Peters, Janice L. Peters, FAA Special Assistance, RTCA Advisory FAA Special Assistant, RTCA Advisory RTCA Government/Industry Free Flight Committee. Committee. Steering Committee Meeting [FR Doc. 02–9407 Filed 4–17–02; 8:45 am] [FR Doc. 02–9408 Filed 4–17–02; 8:45 am] BILLING CODE 4910–13–M AGENCY: Federal Aviation BILLING CODE 4910–13–M Administration (FAA), DOT. ACTION: Notice of RTCA Government/ DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Industry Free Flight Steering Committee meeting. Federal Aviation Administration Federal Aviation Administration SUMMARY: The FAA is issuing this notice RTCA Special Committee 199: Airport RTCA Special Committee 172: Future to advise the public of a meeting of the Security Access Control Systems Air-Ground Communications in the RTCA Government/Industry Free Flight Very High Frequency (VHF) Steering Committee. AGENCY: Federal Aviation Aeronautical Data Band (118–137 MHz) Administration (FAA), DOT. DATES: The meeting will be held April AGENCY: Federal Aviation 24, 2002, from 1 p.m.–3:30 pm. ACTION: Notice of RTCA special committee 199 meeting. Administration (FAA), DOT. ADDRESSES: The meeting will be held at ACTION: Notice of RTCA special FAA Headquarters, 800 Independence SUMMARY: The FAA is issuing this notice committee 172 meeting. Avenue, SW., Bessie Coleman to advise the public of a meeting of Conference Center (Room 2AB), RTCA Special Committee 199: Airport SUMMARY: The FAA is issuing this notice Washington, DC 20591. Security Access Control Systems. to advise the public of a meeting of FOR FURTHER INFORMATION CONTACT: DATES: The meeting will be held on RTCA Special Committee 172: Future RTCA Secretariat, 1828 L Street, NW., April 30, 2002 starting at 9 am. Air-Ground Communications in the Suite 805, Washington, DC 20036; ADDRESSES: The meeting will be held at VHF Aeronautical Data Band (118–137 telephone (202) 833–9339; fax (202) RTCA, Inc., 1828 L Street, NW., Suite MHz). 833–9434; web site http://www.rtca.org. 805, Washington, DC 20036. DATES: The meeting will be held April SUPPLEMENTARY INFORMATION: Pursuant FOR FURTHER INFORMATION CONTACT: 30–May 3, 2002 from 9 a.m. to 5 p.m. to section 10(a)(2) of the Federal RTCA Secretariat, 1828 L Street, NW., each day.
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ADDRESSES: The meeting will be held at DEPARTMENT OF TRANSPORTATION the FAA’s finding of the northeast RTCA, Inc., 1828 L Street, NW., Suite quadrant road. The FAA will issue a 805, Washington, DC 20036. Federal Aviation Administration decision on the City’s application under FOR FURTHER INFORMATION CONTACT: the provisions of the Aviation Safety Notice of Intent To Rule on an and Capacity Expansion Act of 1990 RTCA Secretariat, 1828 L Street, SW., Application 01–07–C–00–STL to Washington, DC 20036; telephone (202) (Title IX of the Omnibus Budget Impose and Use the Revenue From a Reconciliation Act of 1990) (Pub. L. 833–9339; fax (202) 833–9434; Web site Passenger Facility Charge (PFC) at http://www.rtca.org. 101–508) and part 158 of the Federal Lambert-St. Louis International Airport, Aviation Regulations (14 CFR part 158) SUPPLEMENTARY INFORMATION: Pursuant St. Louis, MO after this supplementary comment to section 10(a)(2) of the Federal AGENCY: Federal Aviation period has closed. Advisory Committee Act (Pub. L. 92– Administration (FAA), DOT. 463, 5 U.S.C., Appendix 2), notice is Background hereby given for a Special Committee ACTION: Request for comments, notice of As a part of the FAA’s responsibilities 172 meeting. The agenda will include: intent to rule on a PFC application. with regard to rendering decisions on • April 30: SUMMARY: This document requests PFC applications, the FAA must • Opening Plenary Session (Welcome public comment on the supplementary determine that each approved project is and Introductory Remarks, Review of material provided by the applicant, the adequately justified. After reviewing the Agenda, Review Summary of Previous City of St. Louis Airport Authority, in application submitted by the City, the Meeting) support of its application to the FAA for FAA found that further documentation was required to support a finding of • Review and Final Resolution of authority to impose and use the revenue from a PFC at Lambert-St. Louis adequate justification for the northeast VHF Data Link (VDL) Mode 2 Minimum quadrant road project. Accordingly, the Operational Performance Standard International Airport under the provisions of the 49 U.S.C. 40117 and FAA asked the City for information (MOPS) Final Review and Comment which the agency deemed to be a (FRAC) comments Part 158 of the Federal Aviation Regulations (14 CFR part 158). material supplement to the City’s • Convene Working Group 3: Review application provided after the close of DATES: VDL Mode 3 MOPS Comments must be received on the Federal Register comment period. • May 1: or before May 20, 2002. Any person may inspect the • Working Group 3: VDL Mode 3 ADDRESSES: Comments on this application and supplementary MOPS work continues supplemental information may be information described above in person mailed or delivered in triplicate to the at the FAA office listed above under FOR • Working Group 2: Review changes FAA at the following address: Federal FURTHER INFORMATION CONTACT, and at to DO–224A and Change 1 Aviation Administration, Central Region • the FAA’s Passenger Facility Charge May 2: Airports Division, 901 Locust, Kansas Branch office located at FAA • Plenary Reconvenes (Report and City, MO 64106. Headquarters, 800 Independence Review Status of Working Groups 2 and In addition, one copy of any Avenue, SW., Washington, DC, in room 3) comments submitted to the FAA must 619 (call (202) 267–3845 to arrange for • Review Relevant International be mailed or delivered to Col. Leonard access). Activities (EUROCAE WG 47 status and L. Griggs, Jr., Director of Airports, In addition, any person may, upon issues, Others as appropriate) Lambert-St. Louis International Airport, request, inspect the application, notice • Closing Plenary Session (Other at the following address: City of St. and supplemental information germane Business, Date and Place of Next Louis Airport Authority, PO Box 10212, to the application in person at the Meeting) St. Louis, MO 63145. offices of the City of St. Louis Airport Authority. • Working Groups 2 and 3: Continue FOR FURTHER INFORMATION CONTACT: as required Lorna Sandridge, PFC Program Manager, Issued in Kansas City, Missouri, on March FAA, Central Region, 901 Locust, • May 3: 25, 2002. Kansas City, MO 64106, (816) 329–2641. • George A. Hendon, Working Groups 2 and 3: Continue The supplemental information may be as required Manager, Airports Division, Central Region. reviewed in person at this same [FR Doc. 02–9410 Filed 4–17–02; 8:45 am] Attendance is open to the interested location. public but limited to space availability. BILLING CODE 4910–13–M SUPPLEMENTARY INFORMATION: The FAA With the approval of the chairmen, originally requested public comment on members of the public may present oral this application in a notice published in DEPARTMENT OF TRANSPORTATION statements at the meeting. Persons the Federal Register at 66 FR 52474 wishing to present statements or obtain dated October 15, 2001. The FAA now Federal Railroad Administration information should contact the person invites public comment on listed in the FOR FURTHER INFORMATION Petition for Waiver of Compliance supplemental material provided by the CONTACT section. Members of the public applicant, the City, to the FAA after the In accordance with part 211 of Title may present a written statement to the original Federal Register comment 49 Code of Federal Regulations (CFR), committee at any time. period had closed and before the FAA notice is hereby given that the Federal Issued in Washington, DC, on April 9, issued its finding on the application, to Railroad Administration (FRA) received 2002. the FAA in support of the City’s a request for a waiver of compliance Janice L. Peters, application to impose and use the with certain requirements of its safety FAA Special Assistant, RTCA Advisory revenue from a PFC at STL for the standards. The individual petition is Committee. northeast quadrant road. The described below, including the party [FR Doc. 02–9409 Filed 4–17–02; 8:45 am] supplemental material includes seeking relief, the regulatory provisions BILLING CODE 4910–13–M information that may have a bearing on involved, the nature of the relief being
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requested, and the petitioner’s Issued in Washington, DC, on April 11, Additionally, this waiver is being re- arguments in favour of relief. 2002. docketed in the Department of Grady C. Cothen, Jr., Transportation’s Docket Management Metro-North Commuter Railroad & Deputy Associate Administrator for Safety System to provide the public with Connecticut Department of Standards and Program Development. electronic access to docketed materials. Transportation [FR Doc. 02–9420 Filed 4–17–02; 8:45 am] This public docket, Docket No. FRA– [Docket Number FRA–2000–6778] BILLING CODE 4910–06–P 2002–11533 is available for inspection and downloading on the Internet at the Metro-North Commuter Railroad docket facility’s web site at http:// (MNCW) and the Connecticut DEPARTMENT OF TRANSPORTATION dms.dot.gov. The docket is also Department of Transportation (CDOT) available for inspection at DOT Central seek an extension of time for a Federal Railroad Administration Docket Management Facility, Room PL– previously approved temporary waiver [Docket No. FRA–2002–11533] 401 (Plaza Level) 400 Seventh Street, of compliance with the Passenger SW., Washington. DC. Equipment Safety Standards, 49 CFR Petition for Waiver of Compliance Issued in Washington, DC on April 11, part 238.235, which requires that by In 1996, the Federal Railroad 2002. December 31, 1999, each power Administration (FRA) received from the Grady C. Cothen, Jr., operated door that is partitioned from National Railroad Passenger Corporation Deputy Associate Administrator for Safety the passenger compartment shall be (Amtrak) a request for a waiver of Standards and Program Development. equipped with a manual override compliance from certain requirements [FR Doc. 02–9421 Filed 4–17–02; 8:45 am] adjacent to that door. They request that of FRA rail safety regulations in order to BILLING CODE 4910–06–P the waiver be granted for 159 passenger allow them to develop, implement, and coaches equipped with power operated test technology designed to prevent side doors outside the passenger train collisions and overspeed DEPARTMENT OF TRANSPORTATION compartment. This request is for 59 cars violations. The pilot program was for not yet completed and, if granted, the development, testing, installation, Research and Special Programs would allow an extension of time until and demonstration of Incremental Train Administration December 31, 2002, for the installation Control System (ITCS), a [Docket Number: RSPA–4957 Notice] of the manual overrides. communications-based train control Pipeline Safety: Renewal of Interested parties are invited to system, along Amtrak’s Detroit to Information Collection: Comment participate in these proceedings by Chicago corridor. See 61 FR 41199 (August 7, 1996). That petition was Request submitting written views, data, or docketed as Waiver Petition Docket No. comments. FRA does not anticipate AGENCY: Research and Special Programs H–96–1. Amtrak requested permission scheduling a public hearing in Administration (RSPA), DOT. to operate under specified conditions, connection with these proceedings since non-revenue test trains at speeds in ACTION: Notice and request for public the facts do not appear to warrant a excess of 79 mph, not to exceed 110 comments. hearing. If any interested party desires mph. SUMMARY: This notice requests public an opportunity for oral comment, they On September 24, 1999, the Federal participation in the Office of should notify FRA, in writing, before Railroad Administration (FRA) modified Management and Budget (OMB) the end of the comment period and certain conditions imposed in approval approval process regarding the renewal specify the basis for their request. of Docket No. H–96–1. See 64 FR 25114 of an existing RSPA collection of (May 19, 1999). FRA approved a phased All communications concerning these information for Operator Qualification test program. Phase One included proceedings should identify the of Pipeline Personnel. RSPA intends to operation of non-revenue test trains at appropriate docket number (e.g., Waiver request OMB approval for renewal of speeds in excess of 79 mph, not to Petition Docket Number FRA–2000– this information collection under the exceed 110 mph. In Phase Two ITCS 6778) and must be submitted to the Paperwork Reduction Act of 1995. The would be implemented in revenue Docket Clerk, DOT Central Docket public is invited to submit comments on service with enforcement at speeds not Management Facility, Room Pl–401, ways to minimize the burden associated to exceed 79 mph for a period not less Washington, DC 20590. with collection of information related to than 90 days. Phase Three included Communications received within 30 the operator qualification requirements implementation of ITCS in revenue in the pipeline safety regulations, as days of the date of this notice will be service with enforcement at 2 speeds well as other factors listed in the body considered by FRA before final action is not to exceed 90 mph for a period of not of this notice. taken. Comments received after that more than 300 days. At the conclusion date will be considered as far as of the 300 day period, the waiver DATES: Comments on this notice must be practicable. All written communications terminates. received on or before June 17, 2002 to concerning these proceedings are Amtrak is now conducting tests as be assured of consideration. available for examination during regular part of Phase three and as such, is ADDRESSES: Interested persons are business hours (9:00 a.m.—5:00 p.m.) at operating non-revenue test trains at invited to send comments in duplicate the above facility. All documents in the speeds up to 110 mph. Permission to to the U.S. Department of public docket are also available for operate this test train at that speed was Transportation, Dockets Facility, Plaza inspection and copying on the Internet granted in FRA’s original approval of H– 401, 400 Seventh Street, SW., at the docket facility’s Web site at 96–1. Washington, DC 20590–0001 or e-mail http://dms.dot.gov. The purpose of this notice is to to dms.dot.gov. Comments can be provide an update of the status of this reviewed at the dockets facility which is test program and to clarify the extent of open from 10 a.m. to 5 p.m., Monday the 1999 waiver modifications. through Friday, except on Federal
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holidays, when the facility is closed. Comments are invited on: (a) The from the Department of Transportation’s Comments must identify the docket need for the proposed collection of Hazardous Materials Regulations (49 number of this notice. Persons should information for the proper performance CFR Part 107, Subpart B), notice is submit the original documents and one of the functions of the agency, including hereby given that the Office of (1) copy. Persons wishing to receive whether the information will have Hazardous Materials Safety has received confirmation of receipt of their practical utility; (b) the accuracy of the the applications described herein. Each comments must include a stamped, self- agency’s estimate of the burden of the mode of transportation for which a addressed postcard. Please identify the proposed collection of information particular exemption is requested is docket and notice numbers shown in including the validity of the indicated by a number in the ‘‘Nature of the heading of this notice. Documents methodology and assumptions used; (c) Application’’ portion of the table below pertaining to this notice can be viewed ways to enhance the quality, utility and as follows: 1—Motor vehicle, 2—Rail in this docket. The docket can also be clarity of the information to be freight, 3—Cargo vessel, 4—Cargo viewed electronically at dms.dot.gov. collected; and (d) ways to minimize the aircraft only, 5—Passenger-carrying FOR FURTHER INFORMATION CONTACT: burden of the collection of information aircraft. on those who are to respond, including Marvin Fell, (202) 366–6205, to ask DATES: Comments must be received on questions about this notice; or write by the use of appropriate automated, or before May 20, 2002. e-mail to [email protected]. electronic, mechanical, or other technological collection techniques. ADDRESS COMMENTS TO: Records Center, SUPPLEMENTARY INFORMATION: All timely written comments to this Research and Special Programs Title: National Operator Qualification notice will be summarized and included Administration, U.S. Department of of Pipeline Personnel. in the request for OMB approval. All Transportation, Washington, DC 20590. Type of Request: Renewal of existing comments will also be available to the Comments should refer to the information collection. public in the docket. application number and be submitted in triplicate. If confirmation of receipt of Abstract: Congressional concern with Issued in Washington, DC, on April 10, the lack of skills of some pipeline 2002. comments is desired, include a self- addressed stamped postcard showing personnel was expressed in the Pipeline Stacey L. Gerard, Safety and Reauthorization Act of 1988 the exemption application number. Associate Administrator for Pipeline Safety. (Pub. L. 100–561). It authorized the FOR FURTHER INFORMATION CONTACT: [FR Doc. 02–9415 Filed 4–17–02; 8:45 am] Secretary of Transportation to require Copies of the application (see Docket all individuals responsible for the BILLING CODE 4910–60–P Number) are available for inspection at operation and maintenance of pipeline the New Docket Management Facility, facilities to be properly qualified to DEPARTMENT OF TRANSPORTATION PL–401, at the U.S. Department of safely perform tasks on pipeline Transportation, Nassif Building, 400 7th facilities. The operator qualification Research and Special Programs Street, SW., Washington, DC 20590 or at requirements are described in the Administration http://dms.dot.gov. pipeline safety regulations at 49 CFR This notice of receipt of applications part 192, subpart N and 49 CFR part Office of Hazardous Materials Safety; for new exemptions is published in 195, subpart G. Notice of applications for exemptions accordance with Part 107 of the Federal Respondents: Gas and hazardous hazardous materials transportation law AGENCY: Research and Special Programs liquid pipeline operators. Administration, DOT. (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Estimated Number of Respondents: ACTION: List of applications for Issued in Washington, DC, on April 11, 50,000. exemptions. 2002. Estimated Number of Responses per R. Ryan Posten, Respondent: 1. SUMMARY: In accordance with the Exemptions Program Officer, Office of Estimated Total Annual Burden on procedures governing the application Hazardous Materials Exemptions and Respondents: 466,667 hours. for, and the processing of, exemptions Approvals.
NEW EXEMPTIONS
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12966–N ...... Scientific Cylinder Cor- 49 CFR (e)(8), (e)(15)(vi) To authorize the transportation in commerce of poration, Englewood, and (e)(19), DOT–3AL cyclinders manufactured from 6351 CO. 173.34(e)(1), (e)(3), alloy which have been examined by ultrasonic in- (e)(5), (e)(6), (e)(7). spection in lieu of the internal visual test. (modes 1, 2, 3, 4) 22967–N ...... Reilly Industries, Inc., Indi- 49 CFR 172.446, To authorize the transportation in commerce of anapolis, IN. 172.560, 173.213. fused solid coal tar enamel in non-DOT specifica- tion open-top or closed-top sift proof metal pack- agings when the amounts meet or exceed the re- portable quantity. (modes 1, 2, 3) 12969–N ...... Arrowhead Industrial 49 CFR 173.301(h), To authorize the transportation in commerce of non- Services Inc., Graham, 173.302, 173.306(d)(3). DOT specification cyclinders containing Division NC. 2.2 material overpacked in strong outside pack- aging for transporting to remote test sites. (mode 1)
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NEW EXEMPTIONS—Continued
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12970–N ...... IMR Corporation Tulsa, 49 CFR 172.202(a)(1) ...... To authorize the transportation in commerce of lim- OK. ited quantities of hazardous material with alter- native shipping name on shipping papers. (mode 1) 2972–N ...... Voltaix, Inc., North 49 CFR 173.301(j) ...... To authorize the transportation in commerce of non- Branch, NJ. DOT specification cylinders for export containing various compressed gases without pressure relief devices. (modes 1, 3) 2978–N ...... Genesis Environmental, 49 CFR 172.101 Col. 8(b) To authorize the transportation in commerce of solid Ltd., McKeesport, PA. & 8(c), 173.197. regulated medical waste in non-DOT specification packaging consisting of a bulk outer packaging and a non-bulk inner packaging. (mode 1) 2979–N ...... Medical Microwave, Inc., 49 CFR 172.101 Col. 8(b) To authorize the transportation in commerce of solid Livington, NJ. & 8(c), 173.197. regulated medical waste in non-DOT specification packaging consisting of a bulk outer packaging and a non-bulk inner packaging. (mode 1) 29782–N ...... Arthur L. Fleener, Ames, 49 CFR 175.320 ...... To authorize the transportation in commerce of Divi- IA. sion 1.1 explosives, which are forbidden for ship- ment by passenger-carrying aircraft to remote areas when no other means of transportation is available. (mode 5)
[FR Doc. 02–9413 Filed 4–17–02; 8:45 am] the applications described herein. This Comments should refer to the BILLING CODE 4910–60–M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are Administration not repeated here. Requests for FOR FURTHER INFORMATION: Copies of the modifications of exemptions (e.g. to applications are available for inspection Office of Hazardous Materials Safety; provide for additional hazardous in the Records Center, Nassif Building, Notice of Applications for Modification materials, packaging design changes, 400 7th Street SW, Washington, DC or of Exemption additional mode of transportation, etc.) at http://dms.dot.gov. AGENCY: Research and Special Programs are described in footnotes to the This notice of receipt of applications Administration, DOT. application number. Application for modification of exemptions is numbers with the suffix ‘‘M’’ denote a ACTION: List of applications for published in accordance with Part 107 modification request. These modification of exemptions. of the Federal hazardous materials applications have been separated from transportation law (49 U.S.C. 5117(b); the new applications for exemptions to SUMMARY: In accordance with the 49 CFR 1.53(b)). procedures governing the application facilitate processing. for, and the processing of, exemptions DATES: Comments must be received on Dated: Issued in Washington, DC, on April from the Department of Transportation’s or before May 3, 2002. 11, 2002. Hazardous Materials Regulations (49 ADDRESS COMMENTS TO: Records Center, R. Ryan Posten, CFR Part 107, Subpart B), notice is Research and Special Programs Exemptions Program Officer, Office of hereby given that the Office of Administration, U.S. Department of Hazardous Materials Exemptions and Hazardous Materials Safety has received Transportation, Washington, DC 20590. Approvals.
Modification Application Docket No. Applicant of exemp- No. tion
4453–M ...... Dyno Nobel, Inc., Salt Lake City, UT (See Footnote 1) ...... 4453 10751–M .... Dyno Nobel, Inc., Salt Lake City, UT (See Footnote 2) ...... 10751 10869–M .... Norris Cylinder Company Longview, TX (See Footnote 3) ...... 10869 11194–M .... Carleton Technologies Inc., Pressure Technology Div. Glen Burnie, MD (See Footnote 4) ..... 11194 11344–M .... E.I. DuPont de Nemours & Company, Inc. Wilmington, DE (See Footnote 5) ...... 11344 11380–M .... Baker Atlas (Houston Technology Center) Houston, TX (See Footnote 6) ...... 11380 11579–M .... Dyno Nobel, Inc. Salt Lake City, UT (See Footnote 7) ...... 11579 11759–M .... E.I. DuPont de Nemours & Company, Inc., Wilmington, DE (See Footnote 8) ...... 11759 12442–M .... RSPA–00–7208 Cryogenic Vessel Alternatives, La Porte, TX (See Footnote 9) ...... 12442 12443–M .... RSPA–00–7209 Buckbee-Mears Cortland (BMC) Cortland, NY (See Footnote 10) ...... 12443 1 To modify the exemption to authorize the transportation of a Division 5.1 material in non-DOT specification cargo tanks, trailers and motor ve- hicles. 2 To modify the exemption to authorize the transportation of additional Division 5.1 materials in non-DOT specification cargo tanks, trailers and motor vehicles.
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3 To modify the exemption to authorize an increase in service pressure from 500-psi to a maximum of 6000-psi for the non-DOT specification steel cylinders transporting certain Division 2.1, 2.2, 2.3 materials. 4 To modify the exemption to authorize the transportation of additional Division 2.2 materials in non-DOT specification fully wrapped carbon- fiber reinforced aluminum lined cylinders. 5 To modify the exemption to authorize the transportation of an additional Division 6.1 material in DOT specification tank cars. 6 To modify the exemption to authorize a new tank assembly design for the non-DOT specification seamless cylinders transporting Division 2.1 materials. 7 To modify the exemption to authorize the transportation of additional Division 5.1 materials in non-DOT specification cargo tanks. 8 To modify the exemption to authorize the transportation of a Division 6.1 material in DOT specification tank cars. 9 To modify the exemption to authorize an increased service pressure from 45 psig to 100 psig for the 2200 gallon capacity internal insulated portable tank for the transportation of Division 2.2 materials. 10 To modify the exemption to authorize positioning the manually operated switch against movement to the track on which the Class 8 material is actively being unloaded.
[FR Doc. 02–9414 Filed 4–17–02; 8:45 am] By issuance of this notice, the Board By the Board, David M. Konschnik, BILLING CODE 4910–60–M is instituting an exemption proceeding Director, Office of Proceedings. pursuant to 49 U.S.C. 10502(b). A final Vernon A. Williams, decision will be issued by July 17, 2002. Secretary. DEPARTMENT OF TRANSPORTATION Any offer of financial assistance [FR Doc. 02–9354 Filed 4–17–02; 8:45 am] BILLING CODE 4915–00–P Surface Transportation Board (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after [STB Docket No. AB–55 (Sub–No. 615X)] service of a decision granting the DEPARTMENT OF TRANSPORTATION petition for exemption. Each OFA must CSX Transportation, Inc.— be accompanied by the filing fee, which Surface Transportation Board Discontinuance Exemption—(Between currently is set at $1,100. See 49 CFR East of Memphis and Cordova) in 1002.2(f)(25). [STB Docket No. AB–55 (Sub–No. 609X)] Shelby County, TN All filings in response to this notice CSX Transportation, Inc.— On March 29, 2002, CSX must refer to STB Docket No. AB–55 Abandonment Exemption—in Transportation, Inc. (CSXT), filed with (Sub–No. 615X) and must be sent to: (1) Montgomery County, OH the Surface Transportation Board Surface Transportation Board, Office of (Board) a petition under 49 U.S.C. 10502 the Secretary, Case Control Unit, 1925 K On March 29, 2002, CSX for exemption from 49 U.S.C. 10903 to Street, NW., Washington, DC 20423– Transportation, Inc. (CSXT), filed with discontinue service over 12.24 miles of 0001; and (2) Louis E. Gitomer, 1455 F the Surface Transportation Board its Midwest Region, Nashville Division, Street, NW., Suite 225, Washington, DC (Board) a petition under 49 U.S.C. 10502 Memphis Terminal extending between 20005. Replies to the CSXT petition are for exemption from the provisions of 49 milepost ONI 222.9, east of Memphis, due on or before May 8, 2002. U.S.C. 10903 to abandon a line of railroad in its Midwest Region, and milepost ONI 210.66, near Cordova, Persons seeking further information at the end of the line, in Shelby County, Louisville Division, Toledo Subdivision, concerning abandonment and extending between the junction of the TN.1 The line traverses U.S. Postal discontinuance procedures may contact Service Zip Codes 38111, 38112, 38117, Vandalia Line and the Toledo Main Line the Board’s Office of Public Services at at or about milepost BE 69.5 to the end 38120, 38122, and 38018 and includes (202) 565–1592 or refer to the full the station of Cordova at milepost ONI of the Vandalia Line track, a distance of abandonment or discontinuance approximately 2.59 miles, in Vandalia, 210.66. regulations at 49 CFR part 1152. The line does not contain federally Montgomery County, OH. The line Questions concerning environmental traverses U.S. Postal Service Zip Code granted rights-of-way. Any issues may be directed to the Board’s documentation in CSXT’s possession 45377 and includes no stations. Section of Environmental Analysis The line does not contain federally will be made available promptly to (SEA) at (202) 565–1552. [TDD for the those requesting it. granted rights-of-way. Any hearing impaired is available at 1–800– documentation in CSXT’s possession The interest of railroad employees 877–8339.] will be protected by Oregon Short Line will be made available promptly to R. Co.—Abandonment—Goshen, 360 An environmental assessment (EA) (or those requesting it. The interest of railroad employees I.C.C. 91 (1979). environmental impact statement (EIS), if necessary) prepared by SEA will be will be protected by the conditions set served upon all parties of record and forth in Oregon Short Line R. Co.— 1 CSXT previously filed a petition for exemption under 49 U.S.C. 10502 from the prior approval upon any agencies or other persons who Abandonment—Goshen, 360 I.C.C. 91 requirements of 49 U.S.C. 10903 to abandon 13.34 commented during its preparation. (1979). miles of rail line, extending from milepost ONI Other interested persons may contact By issuing this notice, the Board is 224.00 near Memphis, to milepost ONI 210.66 near SEA to obtain a copy of the EA (or EIS). instituting an exemption proceeding Cordova. The Board denied the petition in CSX pursuant to 49 U.S.C. 10502(b). A final Transportation, Inc.—Abandonment Exemption— EAs in these abandonment or (Between Memphis and Cordova) in Shelby County, discontinuance proceedings normally decision is anticipated to be issued by TN, STB Docket No. AB–55 (Sub-No. 590X) (STB will be made available within 60 days July 17, 2002. served Dec. 12, 2001) because a shipper opposed of the filing of the petition. The Any offer of financial assistance the abandonment of a segment of the line and CSXT (OFA) under 49 CFR 1152.27(b)(2) will did not provide sufficient economic data for the deadline for submission of comments on Board to reach an informed decision on the merits the EA will generally be within 30 days be due no later than 10 days after of the abandonment petition. The Board’s denial of of its service. service of a decision granting the the petition was without prejudice to CSXT’s petition for exemption. Each offer must Board decisions and notices are refiling an appropriate abandonment application or be accompanied by a $1,000 filing fee. a petition for exemption. The Board stated that available on our Web site at See 49 CFR 1002.2(f)(25). CSXT may choose to bifurcate the proposal between ‘‘WWW.STB.DOT.GOV.’’ the two segments (opposed and unopposed) and file All interested persons should be them independently. Decided: April 11, 2002. aware that, following abandonment of
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rail service and salvage of the line, the Decided: April 9, 2002. Resources and Housing Branch, New line may be suitable for other public By the Board, Joseph H. Dettmar, Acting Executive Office Building, Room 10235, use, including interim trail use. Any Director, Office of Proceedings. Washington, DC 20503 (202) 395–7316. request for a public use condition under Vernon A. Williams, Please refer to ‘‘OMB Control No. 2900– 49 CFR 1152.28 or for trail use/rail Secretary. 0161’’ in any correspondence. banking under 49 CFR 1152.29 will be [FR Doc. 02–9226 Filed 4–17–02; 8:45 am] SUPPLEMENTARY INFORMATION: due no later than May 8, 2002. Each trail BILLING CODE 4915–00–P use request must be accompanied by a Title: Medical Expense Report, VA $150 filing fee. See 49 CFR Form 21–8416. 1002.2(f)(27). OMB Control Number: 2900–0161. DEPARTMENT OF VETERANS Type of Review: Extension of a All filings in response to this notice AFFAIRS must refer to STB Docket No. AB–55 currently approved collection. (Sub-No. 609X) and must be sent to: (1) [OMB Control No. 2900–0161] Abstract: VA Form 21–8416 is used to Surface Transportation Board, Case report medical expenses paid in Control Unit, 1925 K Street, NW., Agency Information Collection connection with claims for pension and Washington, DC 20423–0001; and (2) Activities Under OMB Review other income-based benefits. A Natalie S. Rosenberg, 500 Water Street, AGENCY: Veterans Benefits claimant’s countable income for Jacksonville, FL 32202. Replies to the Administration, Department of Veterans Improved Pension purposes can be CSXT petition are due on or before May Affairs. reduced if the individual pays unreimbursed medical expenses. These 8, 2002. ACTION: Notice. Persons seeking further information expenses may be deducted from concerning abandonment procedures SUMMARY: In compliance with the otherwise countable income in may contact the Board’s Office of Public Paperwork Reduction Act (PRA) of 1995 determining the rate of VA benefits Services at (202) 565–1592 or refer to (44 U.S.C., 3501 et seq.), this notice payable. the full abandonment or discontinuance announces that the Veterans Benefits An agency may not conduct or regulations at 49 CFR part 1152. Administration (VBA), Department of sponsor, and a person is not required to Questions concerning environmental Veterans Affairs, has submitted the respond to a collection of information issues may be directed to the Board’s collection of information abstracted unless it displays a currently valid OMB Section of Environmental Analysis below to the Office of Management and control number. The Federal Register (SEA) at (202) 565–1552. [TDD for the Budget (OMB) for review and comment. Notice with a 60-day comment period hearing impaired is available at 1–800– The PRA submission describes the soliciting comments on this collection 877–8339.] nature of the information collection and of information was published on An environmental assessment (EA) (or its expected cost and burden; it includes January 28, 2002, at page 3935. environmental impact statement (EIS), if the actual data collection instrument. Affected Public: Individuals or necessary) prepared by SEA will be DATES: Comments must be submitted on households. served upon all parties of record and or before May 20, 2002. Estimated Annual Burden: 48,200 upon any agencies or other persons who FOR FURTHER INFORMATION OR A COPY OF hours. commented during its preparation. THE SUBMISSION CONTACT: Denise Estimated Average Burden Per Other interested persons may contact McLamb, Information Management Respondent: 30 minutes. SEA to obtain a copy of the EA (or EIS). Service (045A4), Department of Frequency of Response: On occasion. EAs in these abandonment proceedings Veterans Affairs, 810 Vermont Avenue, Estimated Number of Respondents: normally will be made available within NW, Washington, DC 20420, (202) 273– 96,400. 60 days of the filing of the petition. The 8030, FAX (202) 273–5981 or e-mail: deadline for submission of comments on [email protected]. Please Dated: April 3, 2002. the EA will generally be within 30 days refer to ‘‘OMB Control No. 2900–0161.’’ By direction of the Secretary. of its service. Send comments and Donald L. Neilson, Board decisions and notices are recommendations concerning any Director, Information Management Service. available on our website at aspect of the information collection to [FR Doc. 02–9397 Filed 4–17–02; 8:45 am] WWW.STB.DOT.GOV. VA’s OMB Desk Officer, OMB Human BILLING CODE 8320–01–P
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Corrections Federal Register Vol. 67, No. 75
Thursday, April 18, 2002
This section of the FEDERAL REGISTER Friday, April 5, 2002, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, On page 16454, in the first column, and Notice documents. These corrections are under the heading ‘‘DATES’’, ‘‘May 6, prepared by the Office of the Federal 2002’’ should read, ‘‘June 4, 2002’’. Register. Agency prepared corrections are issued as signed documents and appear in [FR Doc. C2–8262 Filed 4–17–02; 8:45 am] the appropriate document categories BILLING CODE 1505–01–D elsewhere in the issue.
SMALL BUSINESS ADMINISTRATION DEPARTMENT OF LABOR 13 CFR Part 121 Occupational Safety and Health Administration RIN 3245–AE78 [Docket No. ICR–1218–0226(2002)] Small Business Size Standards; Testing Laboratories Manlifts Standard; Extension of the Office of Management and Budget’s Correction Approval of Information-Collection In proposed rule document 02–8359 (Paperwork) Requirements beginning on page 17020 in the issue of Tuesday, April 9, 2002, make the Correction following correction: In notice document 02–8262 On page 17022, ‘‘TABLE 2.’’ is being beginning on page 16454 in the issue of reprinted in its entirety.
TABLE 2.—INDUSTRY CHARACTERISTICS OF THE TESTING LABORATORIES INDUSTRY, NONMANUFACTURING ANCHOR GROUP, AND NAICS SECTOR 54
Average firm size Non payroll receipts per Four firm con- Category Receipts establishment centration ratio (millions $) Employees (million $) (in percent)
Testing Laboratories ...... 1.56 19.9 0.68 12.1 Nonmanufacturing Anchor Group ...... 0.95 10.6 0.56 14.4 NAICS Sector 54 ...... 0.77 7.7 0.45 15.8
[FR Doc. C2–8359 Filed 4–17–02; 8:45 am] BILLING CODE 1505–01–D
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Reader Aids Federal Register Vol. 67, No. 75 Thursday, April 18, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 523–5227 the revision date of each title. 3 CFR 1280...... 17848 Presidential Documents 1703...... 16011 Executive orders and proclamations 523–5227 Executive Orders: 1714...... 16969 The United States Government Manual 523–5227 12473 (See EO 1951...... 19101 13262) ...... 18773 3565...... 16969 Other Services 13262...... 18773 Proposed Rules: Electronic and on-line services (voice) 523–3447 Proclamations: 500...... 17301 Privacy Act Compilation 523–3187 7536...... 17599 905...... 15339 Public Laws Update Service (numbers, dates, etc.) 523–6641 7537...... 17601 920...... 15339, 18517 TTY for the deaf-and-hard-of-hearing 523–5229 7538...... 17905 927...... 15747 7539...... 18083 1205...... 15495 7540...... 19097 1219...... 17018 ELECTRONIC RESEARCH 7541...... 19099 1710...... 17018 World Wide Web Administrative Orders: Presidential 8 CFR Full text of the daily Federal Register, CFR and other publications Determinations: 214...... 18062 is located at: http://www.access.gpo.gov/nara No. 2002–12 of April 1, 248...... 18062 Federal Register information and research tools, including Public 2002 ...... 18461 286...... 15333 Inspection List, indexes, and links to GPO Access are located at: 5 CFR Proposed Rules: http://www.nara.gov/fedreg 214...... 18065 410...... 15463 E-mail 235...... 18065 550...... 15463 248...... 18065 551...... 15463 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 286...... 15753 630...... 15463 an open e-mail service that provides subscribers with a digital 1600...... 17603 form of the Federal Register Table of Contents. The digital form 9 CFR 1650...... 17603 of the Federal Register Table of Contents includes HTML and 53...... 17605 PDF links to the full text of each document. 7 CFR 72...... 17605, 18466 94...... 15334 To join or leave, go to http://listserv.access.gpo.gov and select 300...... 18463 113...... 15711 Online mailing list archives, FEDREGTOC-L, Join or leave the list 301...... 18463, 18464 (or change settings); then follow the instructions. 318...... 18463 Proposed Rules: 319...... 18463 Ch. III ...... 15501 PENS (Public Law Electronic Notification Service) is an e-mail 353...... 18463 113...... 16327 service that notifies subscribers of recently enacted laws. 400...... 16285 10 CFR To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 401...... 16285 and select Join or leave the list (or change settings); then follow 403...... 16285 20...... 16298 the instructions. 405...... 16285 Proposed Rules: 406...... 16285 50...... 16654 FEDREGTOC-L and PENS are mailing lists only. We cannot 409...... 16285 170...... 17490 respond to specific inquiries. 414...... 16285 171...... 17490 Reference questions. Send questions and comments about the 415...... 16285 430...... 17304 Federal Register system to: [email protected] 416...... 16285 710...... 16061 The Federal Register staff cannot interpret specific documents or 422...... 16285 824...... 15339 regulations. 425...... 16285 430...... 16285 12 CFR 433...... 16285 3...... 16971 FEDERAL REGISTER PAGES AND DATE, APRIL 435...... 16285 208...... 16971 437...... 16285 225...... 16971 15333–15462...... 1 441...... 16285 226...... 16980 15463–15706...... 2 443...... 16285 264a...... 15335 15707–16010...... 3 445...... 16285 304...... 18793 16011–16284...... 4 446...... 16285 325...... 16971 16285–16626...... 5 447...... 16285 567...... 16971 16627–16968...... 8 450...... 16285 609...... 16627 16969–17278...... 9 451...... 16285 611...... 17907 17279–17602...... 10 454...... 16285 614...... 17907 17603–17904...... 11 455...... 16285 620...... 16627 951...... 18796 17905–18084...... 12 456...... 16285 458...... 16285 985...... 18806 18085–18460...... 15 916...... 16286 Proposed Rules: 18461–18772...... 16 917...... 16286 563b...... 17230 18773–19100...... 17 989...... 15707 574...... 17230 19101–19318...... 18 1210...... 17907 575...... 17230
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13 CFR Proposed Rules: 165 ...... 15484, 15744, 16016, 123...... 17122 213...... 17655 Proposed Rules: 17284, 17667, 18523 124...... 17122 Proposed Rules: 125...... 17122 121 ...... 16063, 17020, 19317 24 CFR 100...... 17665 141...... 19030 14 CFR 3284...... 18398 117...... 16016, 18521 180...... 16073, 18150 147...... 15505 228...... 15348 Ch. VI...... 17258 26 CFR 23...... 18807 165 ...... 15507, 16668, 17314, 261...... 18528 39 ...... 15468, 15470, 15472, 1...... 18988 19142, 19144 262...... 18528 15473, 15475, 15476, 15714, 54...... 18988 167...... 18527 264...... 18528 15717, 16011, 16983, 16987, 602...... 18988 265...... 18528 34 CFR 16991, 16994, 17279, 17917, Proposed Rules: 270...... 18528 17923, 17929, 17931, 17934, 1 ...... 17309, 18834, 18835 Proposed Rules: 721...... 16345 18810, 18813, 18815, 19101, 301...... 18839 34...... 18072 1603...... 16670 19104 27 CFR 41 CFR 71 ...... 15478, 15479, 18059, 36 CFR 18467, 18817, 19107, 19108 20...... 17937 703...... 16018 101-25...... 17649 97...... 16013, 16014 252...... 18086 1254...... 17286 301-10...... 17946 330...... 18468 Proposed Rules: Proposed Rules: 301-53...... 17946 1300...... 17258 4...... 17312 1190...... 15509 42 CFR 1310...... 17258 1191...... 15509 28 CFR Proposed Rules: 1253...... 18146 68c ...... 17650 25...... 16329, 16656 89...... 17027 43 CFR 39 ...... 15755, 15758, 15760, 37 CFR 29 CFR 15762, 15763, 16064, 16067, Proposed Rules: 423...... 19092 16069, 16330, 16331, 16333, 1926...... 18091 201...... 18148 3130...... 17866 16335, 17305, 17306, 18141, 1979...... 15454 3160...... 17866 19132, 19134 2520...... 17264 38 CFR 3430...... 17962 71 ...... 15502, 15503, 15504, 2700...... 18485 Ch. 1 ...... 16023 3470...... 17962 18517, 19135 4022...... 16950, 18112 20...... 16309 3800...... 17962 382...... 17308 4022B ...... 16950 4044...... 16950, 18112 39 CFR 44 CFR 16 CFR Proposed Rules: 111...... 18684 64...... 16030 305...... 17936 552...... 16668, 17760 224...... 16023 312...... 18818 1926...... 18145 229...... 16023 45 CFR Proposed Rules: 230...... 16024 Proposed Rules: 310...... 15767 30 CFR 233...... 16023 701...... 17528 75...... 18822 266...... 16023 702...... 17528 18 CFR 201...... 19109 273...... 16023 703...... 17528 Proposed Rules: 206...... 19109 Proposed Rules: 704...... 17528 Ch. 1 ...... 16071 212...... 19109 111...... 18842 705...... 17528 284...... 19136 216...... 19109 706...... 17528 217...... 19109 40 CFR 707...... 17528 19 CFR 218...... 19109 52 ...... 15335, 15336, 16026, 708...... 17528 181...... 15480 219...... 19109 16638, 16640, 16642, 16644, 1626...... 18845 191...... 16634 220...... 19109 17007, 17286, 17624, 17939, 2551...... 18846 Proposed Rules: 227...... 19109 18115, 18493, 18497 2552...... 18847 141...... 16664 228...... 19109 62...... 17944 142...... 16664 230...... 19109 63 ...... 15486, 16317, 16582, 46 CFR 241...... 19109 16614, 17762, 17824 Proposed Rules: 20 CFR 243...... 19109 81...... 16646, 17939 356...... 18547 Proposed Rules: Proposed Rules: 148...... 16262 404...... 19138 58...... 19140 180 ...... 15727, 16027, 17631, 47 CFR 72...... 19140 19114, 19120 0...... 18827 21 CFR 936...... 16341 261...... 16262 1 ...... 16647, 17009, 18827 173...... 15719 938...... 18518 268...... 16262, 17119 2...... 17009, 17288 201...... 16304 271...... 16262, 17636 11...... 18502 330...... 16304 31 CFR 300...... 19130 25...... 17288 331...... 16304 210...... 17896 302...... 16262 26...... 17009 341...... 16304 Ch. V...... 16308 721...... 17643 36...... 17013 346...... 16304 745...... 15489 52...... 16322 32 CFR 355...... 16304 Proposed Rules: 54...... 15490, 17014 358...... 16304 199 ...... 15721, 18114, 18825 9...... 17122 61...... 17009 369...... 16304 326...... 17616 51...... 17954, 18528 63...... 18827 510...... 17282 505...... 17618 52 ...... 15345, 16669, 17317, 69...... 15490, 17009 520...... 17284 706 ...... 18485, 18487, 18488, 17669, 17954, 17955, 18149, 73 ...... 15493, 15735, 15736, 522 ...... 17282, 18085, 18086 18489, 18490, 18491 18528, 18547, 19148 16651, 16652, 17014, 17654, 701...... 16304 806b...... 17619 55...... 17955 18832 Proposed Rules: 935...... 16997 62...... 17321, 17961 74...... 16652 184...... 18834 Proposed Rules: 63 ...... 15510, 15674, 16154, 76...... 17015 212...... 15344 199...... 17948, 19141 16343, 16625, 17492 87...... 17288 872...... 16338 70...... 15767 90...... 16652 33 CFR 81...... 17955 Proposed Rules: 22 CFR 100...... 17621, 17622 96...... 17954 0...... 18560 41...... 18821 117...... 18492, 19113 97...... 17954 1 ...... 17036, 17325, 18560 62...... 17611 140...... 18493 122...... 17122 2...... 16683, 17038
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25...... 16347 Proposed Rules: 533...... 16052 229...... 15493 52...... 16347 27...... 17278 659...... 15725 600...... 15338 61...... 17036 52...... 17278 Proposed Rules: 660 ...... 15338, 16322, 16323, 69...... 17036 203...... 18160 171...... 15510 18117, 18512 208...... 15351 73 ...... 15768, 15769, 16350, 172...... 15510 679...... 16325, 18129 16351, 16673, 16706, 17041, 216...... 15351 173...... 15510 17669, 17670, 17963, 19151, 225...... 18161 175...... 15510 Proposed Rules: 19152 191...... 16355 17 ...... 15856, 16492, 18572 49 CFR 74...... 16683 192...... 16355 92...... 16707 76...... 18848 171...... 15736 195...... 16355 600 ...... 15516, 19152, 19154 80...... 16683 172...... 15736 567...... 15769 622...... 16359 90...... 16351, 16683 173...... 15736 571...... 15769 635...... 17349 97...... 16683 174...... 15736 574...... 15769 648...... 16079, 16362 176...... 15736 575...... 15769 654...... 19155 48 CFR 178...... 15736 660 ...... 17353, 17354, 18576 1823...... 17016 180...... 15736 50 CFR 1836...... 17016 229...... 16032 17...... 15337, 18356 679...... 15517 1852...... 17016 232...... 17556 223...... 18833
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REMINDERS securities of affected entities COMMERCE DEPARTMENT Practice and procedure: The items in this list were in litigation; financial National Oceanic and Regulatory fees (2002 FY); editorially compiled as an aid interests; exemptions; Atmospheric Administration assessment and to Federal Register users. published 3-19-02 Fishery conservation and collection; comments due Inclusion or exclusion from INTERIOR DEPARTMENT management: by 4-23-02; published 4- this list has no legal Minerals Management Caribbean, Gulf of Mexico, 10-02 [FR 02-08600] significance. Service and South Atlantic Radio stations; table of Technical amendments; fisheries— assignments: published 4-18-02 Gulf of Mexico shrimp; California; comments due by RULES GOING INTO 4-22-02; published 3-19- TRANSPORTATION comments due by 4-22- EFFECT APRIL 18, 2002 02 [FR 02-06374] DEPARTMENT 02; published 4-5-02 [FR 02-08189] New Mexico; comments due Federal Aviation AGRICULTURE by 4-22-02; published 3- Administration ENVIRONMENTAL DEPARTMENT PROTECTION AGENCY 18-02 [FR 02-06372] Airworthiness directives: Farm Service Agency Air pollutants, hazardous; FEDERAL MARITIME Israel Aircraft Industries, Program regulations: national emission standards: COMMISSION Ltd.; published 4-3-02 Servicing and collections; Pesticide active ingredient Filing and service fees; Class D airspace; published 1- revisions; published 4-18- production; comments due revision; comments due by 22-02 02 by 4-22-02; published 3- 4-22-02; published 3-21-02 Class D airspace; correction; AGRICULTURE 22-02 [FR 02-06975] [FR 02-06742] published 2-5-02 DEPARTMENT ENVIRONMENTAL HEALTH AND HUMAN Class E airspace; published 1- Rural Business-Cooperative PROTECTION AGENCY SERVICES DEPARTMENT 4-02 Service Air pollutants, hazardous; Centers for Medicare & Class E5 airspace; published Program regulations: national emission standards: Medicaid Services 2-13-02 Servicing and collections; Pesticide active ingredient Medicare: IFR altitudes; published 3-14- revisions; published 4-18- production; comments due Special Payment Provisions 02 02 by 4-22-02; published 3- and Standards for Restricted areas; published 1- 22-02 [FR 02-06976] Prosthetics and Custom- AGRICULTURE 22-02 DEPARTMENT Publicly owned treatment Fabricated Orthotics VOR Federal airways and jet works; comments due by Suppliers Negotiated Rural Housing Service routes; published 12-7-01 4-22-02; published 3-22- Rulemaking Committee— Program regulations: TRANSPORTATION 02 [FR 02-06847] Intent to establish; Servicing and collections; DEPARTMENT ENVIRONMENTAL comments due by 4-22- revisions; published 4-18- PROTECTION AGENCY 02; published 3-22-02 02 Federal Motor Carrier Safety Administration Air quality implementation [FR 02-06952] AGRICULTURE Motor carrier safety standards: plans; approval and HEALTH AND HUMAN DEPARTMENT promulgation; various Mexican motor carriers— SERVICES DEPARTMENT Rural Utilities Service States: Application form to Food and Drug Program regulations: Missouri; comments due by operate in U.S. Administration 4-24-02; published 3-25- Servicing and collections; municipalities and Medical devices: 02 [FR 02-07092] revisions; published 4-18- commercial zones on Clinical chemistry and 02 U.S.-Mexico border; ENVIRONMENTAL toxicology devices— ENVIRONMENTAL published 3-19-02 PROTECTION AGENCY Cyclosporine and PROTECTION AGENCY Air quality implementation tacrolimus assays; Pesticides; tolerances in food, plans; approval and reclassification; COMMENTS DUE NEXT promulgation; various animal feeds, and raw WEEK comments due by 4-22- agricultural commodities: States: 02; published 2-21-02 Fenhexamid; published 4- Missouri; comments due by [FR 02-04208] AGRICULTURE 18-02 4-24-02; published 3-25- HEALTH AND HUMAN DEPARTMENT 02 [FR 02-07093] Fluazinam; published 4-18- SERVICES DEPARTMENT 02 Animal and Plant Health Hazardous waste: Privacy Act; implementation: Inspection Service Superfund program: Identification and listing— Individually identifiable Livestock and poultry disease National oil and hazardous Exclusions; comments due health information; privacy control: substances contingency by 4-22-02; published standards; comments due plan— Bovine tuberculosis; 3-7-02 [FR 02-05314] by 4-26-02; published 3- indemnity payment for National priorities list Water pollution; effluent 27-02 [FR 02-07144] destroyed animals; update; published 4-18- guidelines for point source INTERIOR DEPARTMENT comments due by 4-22- categories: 02 Indian Affairs Bureau 02; published 2-20-02 [FR Meat and poultry products FEDERAL 02-04059] processing facilities; Trust management reform: COMMUNICATIONS AGRICULTURE comments due by 4-26- Outdated rules repeal; COMMISSION DEPARTMENT 02; published 2-25-02 [FR comments due by 4-22- Common carrier services: 02; published 2-21-02 [FR Food and Nutrition Service 02-02838] Satellite communications— 02-04106] Food distribution programs: FEDERAL Satellite license INTERIOR DEPARTMENT Poultry substitution and COMMUNICATIONS procedures; published commodity inventory COMMISSION Land Management Bureau 3-19-02 controls for recipient Digital television stations; table Public administrative GOVERNMENT ETHICS agencies; codification and of assignments: procedures: OFFICE modification; comments Maine; comments due by 4- Conveyances, disclaimers, Sector mutual funds, de due by 4-22-02; published 22-02; published 3-4-02 and correction minimis securities, and 2-21-02 [FR 02-04174] [FR 02-04980] documents—
VerDate 11-MAY-2000 19:09 Apr 17, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\18APCU.LOC pfrm01 PsN: 18APCU Federal Register / Vol. 67, No. 75 / Thursday, April 18, 2002 / Reader Aids v
Recordable disclaimers of games; definitions; Cirrus Design Corp.; Statutory stock options; interest in land; comments due by 4-22-02; comments due by 4-26- Federal Insurance amendments; comments published 3-22-02 [FR 02- 02; published 3-13-02 [FR Contributions Act, Federal due by 4-23-02; 06806] 02-05703] Unemployment Tax Act, published 2-22-02 [FR NUCLEAR REGULATORY TRANSPORTATION and income tax collection 02-04137] COMMISSION DEPARTMENT at source; application INTERIOR DEPARTMENT Fee schedules revision; fee Federal Aviation Correction; comments due Fish and Wildlife Service recovery (2002 FY); Administration by 4-23-02; published 2-4-02 [FR 02-02417] Endangered and threatened comments due by 4-26-02; Airworthiness directives: species: published 3-27-02 [FR 02- Honeywell; comments due Income taxes: Flat-tailed horned lizard; 07114] by 4-22-02; published 2- Individuals not filing joint comments due by 4-25- NUCLEAR REGULATORY 19-02 [FR 02-03877] returns; community 02; published 12-26-01 COMMISSION TRANSPORTATION income treatment; [FR 01-31734] Spent nuclear fuel; storage DEPARTMENT comments due by 4-22- 02; published 1-22-02 [FR INTERIOR DEPARTMENT casks; HI-STORM 100; Federal Aviation comments due by 4-26-02; Administration 02-01385] Surface Mining Reclamation published 3-27-02 [FR 02- and Enforcement Office Class E airspace; comments 07320] due by 4-22-02; published LIST OF PUBLIC LAWS Permanent program and 3-11-02 [FR 02-05633] abandoned mine land NUCLEAR REGULATORY reclamation plan COMMISSION TRANSPORTATION This is a continuing list of submissions: Spent nuclear fuel; storage DEPARTMENT public bills from the current casks; HI-STORM 100; Federal Aviation Oklahoma; comments due session of Congress which comments due by 4-26-02; Administration by 4-22-02; published 4-5- have become Federal laws. It published 3-27-02 [FR 02- 02 [FR 02-08231] Class E airspace; comments may be used in conjunction 07321] due by 4-25-02; published with ‘‘PLUS’’ (Public Laws INTERNATIONAL TRADE TRANSPORTATION 3-11-02 [FR 02-05813] Update Service) on 202–523– COMMISSION DEPARTMENT TRANSPORTATION 6641. This list is also Practice and procedure: Coast Guard DEPARTMENT available online at http:// www.nara.gov/fedreg/ Investigations relating to Drawbridge operations: Federal Aviation global and bilateral plawcurr.html. Florida; comments due by Administration safeguard actions, market 4-22-02; published 2-21- Class E airspace; correction; The text of laws is not disruption, and relief 02 [FR 02-04204] comments due by 4-22-02; published in the Federal actions review; comments published 3-15-02 [FR C2- Register but may be ordered due by 4-23-02; published Texas; comments due by 4- 05633] in ‘‘slip law’’ (individual 2-22-02 [FR 02-04186] 22-02; published 2-21-02 [FR 02-04207] TRANSPORTATION pamphlet) form from the JUSTICE DEPARTMENT Ports and waterways safety: DEPARTMENT Superintendent of Documents, Drug Enforcement U.S. Government Printing Naval vessels; protection Research and Special Administration Office, Washington, DC 20402 zones; comments due by Programs Administration (phone, 202–512–1808). The Schedules of controlled 4-22-02; published 2-21- Hazardous materials text will also be made substances: 02 [FR 02-04205] transportation: available on the Internet from Buprenorphine; placement Potomac River, Washington Regulatory Flexibility Act into Schedule III; Section 610 and plain GPO Access at http:// Channel, Washington, DC; www.access.gpo.gov/nara/ comments due by 4-22- security zone; comments language reviews; 02; published 3-21-02 [FR comments due by 4-25- nara005.html. Some laws may due by 4-22-02; published not yet be available. 02-06767] 3-20-02 [FR 02-06764] 02; published 1-25-02 [FR 02-01862] Correction; comments due TRANSPORTATION H.R. 1499/P.L. 107–157 Hazardous materials: by 4-22-02; published DEPARTMENT District of Columbia College 3-28-02 [FR C2-06767] Materials transported by Access Improvement Act of Federal Aviation aircraft; information JUSTICE DEPARTMENT Administration 2002 (Apr. 4, 2002; 116 Stat. availability; comments due 118) Immigration and Air traffic operating and flight by 4-26-02; published 2- Naturalization Service rules, etc.: 13-02 [FR 02-03458] H.R. 2739/P.L. 107–158 Immigration: Airports in Washington, DC TRANSPORTATION To amend Public Law 107-10 Visa waiver pilot program— metropolitan area; DEPARTMENT to authorize a United States plan to endorse and obtain Argentina; termination; enhanced security Transportation Security observer status for Taiwan at correction; comments procedures for operations; Administration comments due by 4-22- the annual summit of the due by 4-22-02; Aviation security infrastructure 02; published 2-19-02 [FR World Health Assembly in published 3-6-02 [FR fees; comments due by 4- C2-04260] 02-03846] May 2002 in Geneva, 22-02; published 3-20-02 Switzerland, and for other Visa waiver pilot program; TRANSPORTATION [FR 02-06852] DEPARTMENT purposes. (Apr. 4, 2002; 116 designations, etc.— TRANSPORTATION Stat. 121) Argentina; comments due Federal Aviation DEPARTMENT H.R. 3985/P.L. 107–159 by 4-22-02; published Administration Transportation Security To amend the Act entitled ‘‘An 2-21-02 [FR 02-04260] Airworthiness directives: Administration Bombardier; comments due Act to authorize the leasing of INTERIOR DEPARTMENT Security programs for aircraft restricted Indian lands for National Indian Gaming by 4-22-02; published 3- 12,500 pounds or more; 21-02 [FR 02-06794] public, religious, educational, Commission comments due by 4-23-02; recreational, residential, published 2-22-02 [FR 02- Electronic or electromechanical TRANSPORTATION business, and other purposes 04235] facsimile; games similar to DEPARTMENT requiring the grant of long- bingo; and electronic, Federal Aviation TREASURY DEPARTMENT term leases’’, approved August computer, or other Administration Internal Revenue Service 9, 1955, to provide for binding technologic aids to Class II Airworthiness directives: Income taxes, etc.: arbitration clauses in leases
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and contracts related to enacted public laws. To SUBSCRIBE PUBLAWS-L reservation lands of the Gila subscribe, go to http:// Your Name. River Indian Community. (Apr. Public Laws Electronic hydra.gsa.gov/archives/ Note: This service is strictly 4, 2002; 116 Stat. 122) Notification Service publaws-l.html or send E-mail (PENS) for E-mail notification of new to [email protected] laws. The text of laws is not Last List April 3, 2002 with the following text available through this service. PENS is a free electronic mail message: PENS cannot respond to notification service of newly specific inquiries sent to this address.
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