10–17–03 Friday Vol. 68 No. 201 Oct. 17, 2003
Pages 59705–59854
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1 II Federal Register / Vol. 68, No. 201 / Friday, October 17, 2003
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2 III
Contents Federal Register Vol. 68, No. 201
Friday, October 17, 2003
Agriculture Department Customs and Border Protection Bureau See Forest Service NOTICES Agency information collection activities; proposals, Air Force Department submissions, and approvals, 59799–59800 NOTICES Meetings: Defense Department Science Advisory Board, 59785 See Air Force Department See Navy Department RULES Arts and Humanities, National Foundation Vocational rehabilitation and education: See National Foundation on the Arts and the Humanities Veterans education— Montgomery GI Bill-Selected Reserve; miscellaneous Blind or Severely Disabled, Committee for Purchase From revisions, 59729–59731 People Who Are See Committee for Purchase From People Who Are Blind Economic Analysis Bureau or Severely Disabled PROPOSED RULES International services surveys: Centers for Disease Control and Prevention BE-9; quarterly survey of foreign airline operators’ U.S. NOTICES revenues and expenses, 59750–59751 Meetings: National Center for Health Statistics, 59792–59793 Education Department NOTICES Chemical Safety and Hazard Investigation Board Agency information collection activities; proposals, submissions, and approvals, 59786–59787 NOTICES Meetings; Sunshine Act, 59777–59778 Employment Standards Administration NOTICES Children and Families Administration Minimum wages for Federal and federally-assisted NOTICES construction; general wage determination decisions, Meetings: 59822–59823 People with Intellectual Disabilities, President’s Committee; correction, 59793 Environmental Protection Agency RULES Citizenship and Immigration Services Bureau Air quality implementation plans; approval and NOTICES promulgation; various States: Agency information collection activities; proposals, Pennsylvania, 59741–59747 submissions, and approvals, 59798–59799 PROPOSED RULES Air quality implementation plans; approval and Coast Guard promulgation; various States: RULES Pennsylvania, 59754–59756 NOTICES Ports and waterways safety: Environmental statements; availability, etc.: Fox River, Green Bay, WI; Wisconsin Central Railroad Agency statements— Bridge; safety zone, 59727–59729 Weekly receipts, 59787–59788 Vocational rehabilitation and education: Superfund; response and remedial actions, proposed Veterans education— settlements, etc.: Montgomery GI Bill-Selected Reserve; miscellaneous Coeburn Town Dump Site, VA, 59788 revisions, 59729–59731 PROPOSED RULES Water pollution control: Ports and waterways safety: Clean Water Act— Lake Michigan, Captain of the Port of Milwaukee Zone; Class II administrative penalty assessments, 59788 security zone, 59752–59754 Total maximum daily loads— Arkansas, 59789
Commerce Department Executive Office of the President See Economic Analysis Bureau See Presidential Documents See National Oceanic and Atmospheric Administration See Patent and Trademark Office Federal Aviation Administration RULES Committee for Purchase From People Who Are Blind or Airworthiness directives: Severely Disabled Airbus, 59711–59713 NOTICES Cessna, 59707–59709 Procurement list; additions and deletions, 59775–59777 McDonnell Douglas, 59709–59711
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Airworthiness standards: Meetings: Transport category airplanes— Food Safety and Applied Nutrition Center; workshop, Gulfstream Model Gulfstream 200, 59705–59707 59795–59796 Class E airspace, 59713 Harmonization International Conference— NOTICES Osaka, Japan; preparation for international meetings Exemption petitions; summary and disposition, 59837– and conference, 59796 59839 Reports and guidance documents; availability, etc.: Meetings: Iron-containing supplements and drugs: warning RTCA, Inc., 59839–59840 statements requirements; small entity compliance guide, 59797 Federal Communications Commission Postmarketing periodic adverse drug experience reports; RULES regulatory submissions in electronic format, 59797– Organization, functions, and authority delegations: 59798 Commission, 59747–59748 Radio stations; table of assignments: Forest Service Maryland, 59748 PROPOSED RULES NOTICES Common carrier services: Environmental statements; notice of intent: Interconnection— Chugach National Forest, AK, 59773–59775 Incumbent local exchange carriers; unbundling Meetings: obligations, 59757–59770 Eastern Washington Cascades and Yakima Provincial Telecommunications Act of 1996; implementation— Advisory Committees, 59775 In-region, interstate, domestic interLATA services by Bell Operating companies; telecommunications and Health and Human Services Department customer premises equipment; withdrawn, 59756– See Centers for Disease Control and Prevention 59757 See Children and Families Administration NOTICES See Food and Drug Administration Meetings; Sunshine Act, 59789–59790 Homeland Security Department Federal Highway Administration See Citizenship and Immigration Services Bureau NOTICES See Coast Guard Environmental statements; notice of intent: See Customs and Border Protection Bureau Garrett County, MD and Somerset County, PA, 59840– See Immigration and Customs Enforcement Bureau 59841 Federal Maritime Commission Housing and Urban Development Department NOTICES RULES Ocean transportation intermediary licenses: Federal and Federally funded construction projects; open AIC Line et al., 59790–59791 competition and government neutrality towards Colombo Services, Inc., et al., 59791 government contractors’ labor relations, 59847–59849 Global Alliance Logistics (MIA), Inc., et al., 59791–59792 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities; proposals, Deans International Shipping Co., Ltd., 59790 submissions, and approvals, 59802–59806 Grants and cooperative agreements; availability, etc.: Federal Reserve System Facilities to assist homeless— NOTICES Excess and surplus Federal property, 59806–59811 Banks and bank holding companies: Formations, acquisitions, and mergers, 59792 Immigration and Customs Enforcement Bureau Meetings; Sunshine Act, 59792 NOTICES Agency information collection activities; proposals, Fish and Wildlife Service submissions, and approvals, 59800–59802 NOTICES Endangered and threatened species permit applications, Indian Affairs Bureau 59811–59812 NOTICES Food and Drug Administration Agency information collection activities; proposals, submissions, and approvals, 59812–59813 RULES Food for human consumption: Food labeling — Interior Department Iron-containing supplements and drugs; warning See Fish and Wildlife Service statements and unit-dose packaging requirements, See Indian Affairs Bureau 59714–59715 See Land Management Bureau NOTICES See Minerals Management Service Agency information collection activities; proposals, See Special Trustee for American Indians Office submissions, and approvals, 59793–59794 Food additive petitions: Internal Revenue Service T&R Chemicals, Inc., 59794–59795 NOTICES Grants and cooperative agreements; availability, etc.: Meetings: National Center for Food Safety and Technology, 59795 Taxpayer Advocacy Panels, 59844–59845
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International Boundary and Water Commission, United Permits: States and Mexico Marine mammals, 59782–59783 NOTICES Environmental statements; availability, etc.: National Science Foundation Hidalgo County, TX; Lower Rio Grande Flood Control NOTICES Project, 59818 Meetings: Biological Sciences Advisory Committee, 59824 International Trade Commission NOTICES Meetings; Sunshine Act, 59818 Navy Department NOTICES Justice Department Meetings: NOTICES Chief of Naval Operations Executive Panel, 59785–59786 Pollution control; consent judgments: U.S. Naval War College, Board of Advisers to President, City of Glen Cove et al., 59819 59786 Coastal Eagle Point Oil Co., 59819 Ergon Refining, Inc., et al., 59819–59820 Nuclear Regulatory Commission G & R Farms, Inc., et al., 59820 NOTICES Hasselquist, Sydney, et al., 59820–59821 Environmental statements; availability, etc.: National Cooperative Refinery Association, 59821 FirstEnergy Corp., 59824–59825 P. H. Glatfelter Co. et al., 59821–59822 Washington Department of Natural Resources, State of Occupational Safety and Health Administration Washington, 59822 PROPOSED RULES Labor Department Construction safety and health standards: See Employment Standards Administration Crane and Derrick Negotiated Rulemaking Advisory See Occupational Safety and Health Administration Committee Meetings, 59751–59752 Land Management Bureau NOTICES Patent and Trademark Office Environmental statements; availability, etc.: NOTICES Upper Deschutes, OR; resource management plan, 59813– Agency information collection activities; proposals, 59814 submissions, and approvals, 59783–59785 Environmental statements; notice of intent: Western public lands; wind energy development; issues Postal Service evaluation, 59814–59815 RULES Domestic Mail Manual: Mexico and United States, International Boundary and Pressure-sensitive package labels redesign, 59731–59741 Water Commission See International Boundary and Water Commission, United States and Mexico Presidential Documents PROCLAMATIONS Minerals Management Service Special observances: NOTICES White Cane Safety Day (Proc. 7722), 59851–59854 Agency information collection activities; proposals, submissions, and approvals, 59816–59818 Securities and Exchange Commission NOTICES National Foundation on the Arts and the Humanities Self-regulatory organizations; proposed rule changes: NOTICES Boston Stock Exchange, Inc., 59828–59829 Meetings: Chicago Board Options Exchange, Inc., 59829–59831 Arts and Humanities, President’s Committee, 59823 Emerging Markets Clearing Corp., 59831–59832 Combined Arts Advisory Panel, 59823–59824 National Association of Securities Dealers, Inc., 59832– 59834 National Oceanic and Atmospheric Administration National Securities Clearing Corp. et al., 59834–59837 RULES Applications, hearings, determinations, etc.: Fishery conservation and management: Public Utility Holding Company Act of 1935 filings, Alaska; fisheries of Exclusive Economic Zone— 59825–59827 Pacific cod; reallocation, 59748–59749 PROPOSED RULES Environmental statements; notice of intent: Small Business Administration West Coast States and Western Pacific fisheries— NOTICES Western Pacific Fishery Management Council, 59771– Disaster loan areas: 59772 North Carolina, 59837 NOTICES Grants and cooperative agreements; availability, etc.: Special Trustee for American Indians Office Funds; availability for 2004 FY; omnibus notice, 59778– NOTICES 59782 Agency information collection activities; proposals, Meetings: submissions, and approvals Science Advisory Board, 59782 Correction, 59846
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State Department Veterans Affairs Department NOTICES RULES Meetings: Vocational rehabilitation and education: International Telecommunication Advisory Committee, Veterans benefits— 59837 Montgomery GI Bill-Selected Reserve; miscellaneous revisions, 59729–59731 Surface Transportation Board NOTICES NOTICES Inventions, Government-owned; availability for licensing, Rail carriers: 59845 Control exemptions— CSX Transportation, Inc., 59841 Railroad services abandonment: Separate Parts In This Issue CSX Transportation, Inc., 59842
Transportation Department Part II See Federal Aviation Administration Housing and Urban Development Department, 59847–59849 See Federal Highway Administration See Surface Transportation Board Part III Executive Office of the President, Presidential Documents, Treasury Department 59851–59854 See Internal Revenue Service RULES Terrorism Risk Insurance Program: Reader Aids Disclosures and mandatory availability requirements, Consult the Reader Aids section at the end of this issue for 59720–59727 phone numbers, online resources, finding aids, reminders, State residual market insurance entities, 59715–59720 NOTICES and notice of recently enacted public laws. Agency information collection activities; proposals, To subscribe to the Federal Register Table of Contents submissions, and approvals, 59842–59843 LISTSERV electronic mailing list, go to http:// Meetings: listserv.access.gpo.gov and select Online mailing list Debt Management Advisory Committee archives, FEDREGTOC-L, Join or leave the list (or change Correction, 59843–59844 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 7722...... 59853 14 CFR 25...... 59705 39 (3 documents) ...... 59707, 59709, 59711 71 (2 documents) ...... 59713 15 CFR Proposed Rules: 801...... 59750 21 CFR 111...... 59714 310...... 59714 24 CFR 5...... 59848 29 CFR Proposed Rules: 1926...... 59751 31 CFR 50 (2 documents) ...... 59715, 59720 33 CFR 165...... 59727 Proposed Rules: 165...... 59752 38 CFR 21...... 59729 39 CFR 111...... 59731 40 CFR 52...... 59741 Proposed Rules: 52...... 59754 47 CFR 0...... 59747 73...... 59748 Proposed Rules: Ch. I ...... 59756 51...... 59757 50 CFR 679...... 59748 Proposed Rules: 660...... 59771
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Rules and Regulations Federal Register Vol. 68, No. 201
Friday, October 17, 2003
This section of the FEDERAL REGISTER weekdays, except Federal holidays, special conditions be listed on the contains regulatory documents having general between 7:30 a.m. and 4 p.m. supplemental type certificate. The applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: Gulfstream 200 (Galaxy) airplane is a are keyed to and codified in the Code of Michael Thompson, FAA, Airframe/ twin engine, turbofan powered, Federal Regulations, which is published under transport category airplane, which is 50 titles pursuant to 44 U.S.C. 1510. Cabin Safety Branch, ANM–115, Transport Airplane Directorate, Aircraft currently the subject of a type The Code of Federal Regulations is sold by Certification Service, 1601 Lind Avenue certification program. the Superintendent of Documents. Prices of SW., Renton, Washington, 98055–4056; Section 25.785(b) requires that ‘‘each new books are listed in the first FEDERAL telephone (425) 227–1157; facsimile seat * * * at each station designated as REGISTER issue of each week. (425) 227–1149. occupiable during takeoff and landing must be designed so that a person SUPPLEMENTARY INFORMATION: The FAA making proper use of these facilities has determined that notice and DEPARTMENT OF TRANSPORTATION will not suffer serious injury in an opportunity for prior public comment emergency landing as a result of the are impracticable because these Federal Aviation Administration inertia forces specified in §§ 25.561 and procedures would significantly delay 25.562.’’ Additionally, § 25.562 requires issuance of the design approval. In 14 CFR Part 25 dynamic testing of all seats that are addition, the substance of these special occupied during takeoff and landing. [Docket No. NM267; Special Conditions No. conditions has been subject to the 25–251–SC] However, side-facing seats are public comment process with no considered a novel design for transport Special Conditions: Gulfstream substantive comments received. The category airplanes that include Aerospace Corporation Model FAA therefore finds that good cause Amendment 25–64 in the certification Gulfstream 200 (Galaxy); Single- exists for making these special basis and were not considered when Occupant Side-Facing Seats conditions effective upon issuance. those airworthiness standards were promulgated. Hence, the existing AGENCY: Federal Aviation Comments Invited regulations do not provide adequate or Administration (FAA), DOT. Interested persons are invited to appropriate safety standards for submit such written data, views, or ACTION: Final special conditions; request occupants of side-facing seats. In order arguments, as they may desire. for comments. to provide a level of safety that is Communications should identify the equivalent to that afforded occupants of SUMMARY: These special conditions are rules docket number and be submitted forward and aft facing seats, additional issued for the Gulfstream Aerospace in duplicate to the address specified airworthiness standards in the form of Corporation Model Gulfstream 200 above. The Administrator will consider special conditions are necessary. (Galaxy) airplane. This airplane as all communications received on or modified by Gulfstream Aerospace These special conditions are before the closing date for comments. applicable only to single-occupant side- Corporation will have novel or unusual The special conditions may be changed design features associated with single- facing seats. They are not sufficient or in light of the comments received. All intended to be used for the certification occupant side-facing seats. The comments received will be available in applicable airworthiness regulations do of multiple-occupant side-facing divans the Rules Docket for examination by or sofas. not contain adequate or appropriate interested persons, both before and after safety standards for these design the closing date for comments. A report Type Certification Basis features. These special conditions summarizing each substantive public Under the provisions of § 21.101, contain the additional safety standards contact with FAA personnel concerning Gulfstream Aerospace Corporation must that the Administrator considers this rulemaking will be filed in the show that the Gulfstream Model 200 necessary to establish a level of safety docket. Persons wishing the FAA to (Galaxy) airplane, as changed, continues equivalent to that established by the acknowledge receipt of their comments to meet the applicable provisions of the existing airworthiness standards. submitted in response to these special regulations incorporated by reference in DATES: The effective date of these conditions must include with those Type Certificate No. A53NM or the special conditions is October 9, 2003. comments a self-addressed, stamped applicable regulations in effect on the Comments must be received on or postcard on which the following date of application for the change. The before November 17, 2003. statement is made: ‘‘Comments to regulations incorporated by reference in ADDRESSES: Comments on these special Docket No. NMxxx.’’ The postcard will the type certificate are commonly conditions may be mailed in duplicate be date stamped and returned to you. referred to as the ‘‘original type to: Federal Aviation Administration, certification basis.’’ The regulations Background Transport Airplane Directorate, Attn: incorporated by reference in Type Rules Docket (ANM–113), Docket No. On May 30, 2003, Gulfstream Certificate No. A53NM are as follows: NM267, 1601 Lind Avenue SW., Aerospace Corporation, 7440 Aviation 14 CFR part 25, effective February 1, Renton, Washington, 98055–4056; or Place, Dallas, Texas, 75235, applied for 1965, as amended by Amendments 25– delivered in duplicate to the Transport a supplemental type certificate for 1 through 25–82. Airplane Directorate at the above installation of single-occupant side- If the Administrator finds that the address. Comments must be marked: facing seats on Gulfstream 200 (Galaxy) applicable airworthiness regulations Docket No. NM267. Comments may be airplanes. Gulfstream requested special (i.e., 14 CFR part 25) do not contain inspected in the Rules Docket conditions for these seats and that the adequate or appropriate safety standards
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for the Gulfstream Aerospace specifically, they supplement §§ 25.785 Model Gulfstream 200 (Galaxy) single- Corporation Model Gulfstream 200 and 25.562. occupant side-facing seats are as follows: (Galaxy) because of a novel or unusual Applicability Injury Criteria design feature, special conditions are prescribed under the provisions of As discussed above, these special (a) Existing Criteria: All injury § 21.16. conditions are applicable to the protection criteria of § 25.562(c)(1) In addition to the applicable Gulfstream Aerospace Corporation through (c)(6) apply to the occupant of airworthiness regulations and special Model Gulfstream 200 (Galaxy) a side-facing seat. Head Injury Criterion conditions, the Gulfstream Aerospace modified by Gulfstream Aerospace (HIC) assessments are required only for Corporation Model Gulfstream 200 Corporation. Should Gulfstream head contact with the seat and/or (Galaxy) must comply with the fuel vent Aerospace Corporation apply at a later adjacent structures. and exhaust emission requirements of date for a supplemental type certificate (b) Body-to-Wall/Furnishing Contact: 14 CFR part 34 and the noise to modify any other model included on The seat must be installed aft of a certification requirements of 14 CFR Type Certificate No. A53NM to structure, such as an interior wall or part 36. incorporate the same novel or unusual furnishing, that will support the pelvis, Special conditions, as defined in design feature, the special conditions upper arm, chest, and head of an § 11.19, are issued in accordance with would apply to that model as well. occupant seated next to the structure. A § 11.38 and become part of the type Conclusion conservative representation of the certification basis in accordance with structure and its stiffness must be § 21.101. This action affects only certain novel included in the tests. It is Special conditions are initially or unusual design features on one model recommended, but not required, that the applicable to the model for which they of airplanes. It is not a rule of general contact surface of this structure be are issued. Should the applicant apply applicability, and it affects only the covered with at least two inches of for a supplemental type certificate to applicant who applied to the FAA for energy absorbing protective padding modify any other model included on the approval of these features on the (foam or equivalent), such as Ensolite. same type certificate to incorporate the airplane. (c) Thoracic Trauma: The Thoracic same novel or unusual design feature, The substance of these special Trauma Index (TTI) injury criterion the special conditions would also apply conditions has been subjected to the must be substantiated by dynamic test to the other model. notice and comment period in prior or by rational analysis, based on a Novel or Unusual Design Features instances and has been derived without previous test or tests of a similar seat substantive change from those installation. Testing must be conducted Gulfstream Aerospace Corporation previously issued. It is unlikely that will install single-occupant, side-facing with a Side Impact Dummy (SID), as prior public comment would result in a defined by 49 CFR Part 572, Subpart F, seats on Gulfstream 200 (Galaxy) significant change from the substance airplanes. Section 25.785(b) requires or its equivalent. TTI must be less than contained herein. For this reason, and 85, as defined in 49 CFR Part 572, that ‘‘each seat * * * at each station because a delay would significantly designated as occupiable during takeoff Subpart F. TTI data must be processed affect the certification of the airplane, as defined in Federal Motor Vehicle and landing must be designed so that a which is imminent, the FAA has person making proper use of these Safety Standard (FMVSS) Part 571.214, determined that prior public notice and section S6.13.5. facilities will not suffer serious injury in comment are unnecessary and an emergency landing as a result of the (d) Pelvis: Pelvic lateral acceleration impracticable, and good cause exists for must be shown by dynamic test or by inertia forces specified in §§ 25.561 and adopting these special conditions upon 25.562.’’ Additionally, § 25.562 requires rational analysis based on previous issuance. The FAA is requesting test(s) of a similar seat installation to not dynamic testing of all seats that are comments to allow interested persons to occupied during takeoff and landing. exceed 130g. Pelvic acceleration data submit views that may not have been must be processed as defined in FMVSS However, side-facing seats are submitted in response to the prior considered a novel design for transport Part 571.214, section S6.13.5. opportunities for comment described (e) Shoulder Strap Loads: Where category airplanes that include above. Amendment 25–64 in the certification upper torso straps (shoulder straps) are basis, and were not considered when List of Subjects in 14 CFR Part 25 used for occupants, tension loads in those airworthiness standards were individual straps must not exceed 1,750 Aircraft, Aviation safety, Reporting pounds. If dual straps are used for promulgated. Hence, the existing and recordkeeping requirements. regulations do not provide adequate or restraining the upper torso, the total appropriate safety standards for ■ The authority citation for these special strap tension loads must not exceed occupants of side-facing seats. In order conditions is as follows: 2,000 pounds. to provide a level of safety that is Authority: 49 U.S.C. 106(g), 40113, 44701, Test Requirements equivalent to that afforded occupants of 44702, 44704. The above performance measures forward and aft facing seats, additional The Special Conditions airworthiness standards, in the form of must not be exceeded during the special conditions, are necessary. ■ Accordingly, pursuant to the authority following dynamic tests: delegated to me by the Administrator, (a) Conduct a longitudinal test per Discussion the following special conditions are § 25.562(b)(2) with a SID, undeformed The following special conditions are issued as part of the type certification floor, no yaw, and with all lateral considered to provide occupants of basis for Gulfstream Aerospace structural supports (armrests/walls). single-occupancy side-facing seats a Corporation Model Gulfstream 200 Pass/fail injury assessments: TTI and level of safety that is equivalent to that (Galaxy) airplanes. In addition to the pelvic acceleration. afforded occupants of forward and aft airworthiness standards of §§ 25.562 and (b) Conduct a longitudinal test per facing seats. These special conditions 25.785, the minimum acceptable § 25.562(b)(2) with the Hybrid II ATD, supplement 14 CFR part 25 and, more standards for dynamic certification of deformed floor, 10 degrees yaw, and
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with all lateral structural supports We must receive any comments on the flap system flap bell cranks for (armrests/walls). this AD by December 15, 2003. cracks, deformation, and missing/ Pass/fail injury assessments: HIC, ADDRESSES: Use one of the following to incomplete welds. If cracks, upper torso restraint load, restraint submit comments on this AD: deformation, or missing/incomplete system retention and pelvic • By mail: FAA, Central Region, welds are found, this service bulletin acceleration. Office of the Regional Counsel, specifies either: (c) Conduct a downward vertical test Attention: Rules Docket No. 2003–CE– —Replacing the subject flap bell crank; per § 25.562(b)(1) with a modified 41–AD, 901 Locust, Room 506, Kansas or Hybrid II ATD with existing pass/fail City, Missouri 64106. —Incorporating Temporary Revision criteria. • By fax: (816) 329–3771. 208PHTR02, dated September 23, • Issued in Renton, Washington, on October By e-mail: 9–ACE–7– 2003, to the Other Limitations section 9, 2003. [email protected]. Comments sent of the Pilot’s Operating Handbook Ali Bahrami, electronically must contain ‘‘Docket No. (POH). This is a temporary option and Acting Manager, Transport Airplane 2003–CE–41–AD’’ in the subject line. If replacing the subject flap bell crank is Directorate, Aircraft Certification Service. you send comments electronically as mandatory within a certain time [FR Doc. 03–26310 Filed 10–16–03; 8:45 am] attached electronic files, the files must frame. be formatted in Microsoft Word 97 for BILLING CODE 4910–13–U Windows or ASCII. FAA’s Determination and Requirements You may get the service information of the AD DEPARTMENT OF TRANSPORTATION identified in this AD from Cessna What has FAA decided? We have Aircraft Company, Product Support, evaluated all pertinent information and Federal Aviation Administration P.O. Box 7706, Wichita, Kansas 67277; identified an unsafe condition that is telephone: (316) 517–5800; facsimile: likely to exist or develop on other 14 CFR Part 39 (316) 942–9006. You may also view this products of this same type design. information at the Rules Docket at the Since the unsafe condition described [Docket No. 2003–CE–41–AD; Amendment address above. previously is likely to exist or develop 39–13339; AD 2003–21–04] You may view the AD docket at FAA, on other Cessna Models 208 and 208B RIN 2120–AA64 Central Region, Office of the Regional airplanes of the same type design, this Counsel, Attention: Rules Docket No. AD is being issued to prevent failure of Airworthiness Directives; Cessna 2003–CE–41–AD, 901 Locust, Room the right inboard forward flap bell crank Aircraft Company Models 208 and 506, Kansas City, Missouri 64106. Office due to cracks, deformation, or missing/ 208B Airplanes hours are 8 a.m. to 4 p.m., Monday incomplete welds. through Friday, except Federal holidays. What does this AD require? This AD AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Paul requires you to inspect the right inboard Administration (FAA), DOT. Nguyen, Aerospace Engineer, FAA, forward flap bell crank for cracks, ACTION: Final rule; request for Wichita Aircraft Certification Office deformation, and missing/incomplete comments. ACO, 1801 Airport Road, Room 100, welds. If cracks, deformation, or Wichita, Kansas 67209; telephone: 316– missing/incomplete welds are found, SUMMARY: The FAA is adopting a new 946–4125; facsimile: 816–946–4107. the AD would require you to airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION: immediately replace the flap bell crank Cessna Aircraft Company (Cessna) or temporarily incorporate certain flap Models 208 and 208B airplanes. This Discussion limitations. AD requires you to inspect the right What events have caused this AD? In preparation of this rule, we inboard forward flap bell crank for The FAA has received reports that the contacted type clubs and aircraft cracks, deformation, and missing/ right inboard forward flap bell crank on operators to obtain technical incomplete welds. If cracks, Cessna Models 208 and 208B airplanes information and information on deformation, or missing/incomplete could have missing/incomplete welds. operational and economic impacts. We welds are found, the AD would require Without complete welds, the flap bell did not receive any information through you to immediately replace the flap bell cranks may not have sufficient strength these contacts. If received, we would crank or temporarily incorporate certain or fatigue endurance to carry critical have included, in the rulemaking flap limitations. This AD is the result of load with the use of flaps. This could docket, a discussion of any information reports of cracks and missing/ result in cracking or deformation of the that may have influenced this action. incomplete welds in the right inboard flap bell crank and lead to failure of the Are there differences between the forward flap bell crank. We are issuing flap system. service information and this AD? Yes. this AD to prevent failure of the right What are the consequences if the The service information requires an inboard forward flap bell crank due to condition is not corrected? Failure of the inspection on all flap bell cranks within cracks, deformation, or missing/ flap system, if not prevented, could lead the flap system. However, this AD only incomplete welds. Such failure could to damage to the flap system and addresses the right inboard forward flap lead to damage to the flap system and surrounding structure and result in bell crank. surrounding structure and result in reduced or loss of control of the To date, FAA has only received reduced or loss of control of the airplane. reports on the right inboard forward flap airplane. Is there service information that bell cranks, and we are addressing this DATES: This AD becomes effective on applies to this subject? Cessna issued issue through a final rule; request for October 21, 2003. Caravan Service Bulletin CAB03–11, comments (immediately adopted rule) The Director of the Federal Register Revision 1, dated September 24, 2003. AD action. After issuing this AD, we approved the incorporation by reference What are the provisions of this service will evaluate the condition of the entire of certain publications listed in the information? The service bulletin flap system and determine whether regulation as of October 21, 2003. includes procedures for inspecting all additional action is necessary.
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How does the revision to 14 CFR part Regulatory Findings Authority: 49 U.S.C. 106(g), 40113, 44701. 39 affect this AD? On July 10, 2002, we Will this AD impact various entities? § 39.13 [Amended] published a new version of 14 CFR part We have determined that this AD will 39 (67 FR 47997, July 22, 2002), which not have federalism implications under ■ 2. The FAA amends § 39.13 by adding governs FAA’s AD system. This Executive Order 13132. This AD will the following new airworthiness regulation now includes material that not have a substantial direct effect on directive (AD): relates to altered products, special flight the States, on the relationship between 2003–21–04 Cessna Aircraft Company: permits, and alternative methods of the national government and the States, Amendment 39–13339; Docket No. compliance. This material previously or on the distribution of power and 2003–CE–41–AD. was included in each individual AD. responsibilities among the various When Does This AD Become Effective? Since this material is included in 14 levels of government. CFR part 39, we will not include it in Will this AD involve a significant rule (a) This AD becomes effective on October future AD actions. or regulatory action? For the reasons 21, 2003. discussed above, I certify that this AD: Comments Invited 1. Is not a ‘‘significant regulatory Are Any Other ADs Affected by This Action? action’’ under Executive Order 12866; (b) None. Will I have the opportunity to 2. Is not a ‘‘significant rule’’ under the What Airplanes Are Affected by This AD? comment prior to the issuance of the DOT Regulatory Policies and Procedures rule? This AD is a final rule that (44 FR 11034, February 26, 1979); and (c) This AD affects the following airplane involves requirements affecting flight 3. Will not have a significant models and serial numbers that are safety and was not preceded by notice economic impact, positive or negative, certificated in any category: and an opportunity for public comment; on a substantial number of small entities however, we invite you to submit any under the criteria of the Regulatory Model Serial No. written relevant data, views, or Flexibility Act. We prepared a summary of the costs 208 ..... 20800001 through 20800369. arguments regarding this AD. Send your 208B ... 208B0001 through 208B1014, comments to an address listed under to comply with this AD and placed it in the AD Docket. You may get a copy of 208B1017, 208B1018, 208B1020 ADDRESSES. Include ‘‘AD Docket No. through 208B1024, 208B1026, this summary by sending a request to us 2003–CE–41–AD’’ in the subject line of and 208B1029 through at the address listed under ADDRESSES. your comments. If you want us to 208B1033. Include ‘‘AD Docket No. 2003–CE–41– acknowledge receipt of your mailed AD’’ in your request. comments, send us a self-addressed, What Is the Unsafe Condition Presented in stamped postcard with the docket List of Subjects in 14 CFR Part 39 This AD? number written on it; we will date- Air transportation, Aircraft, Aviation (d) This AD is the result of reports of stamp your postcard and mail it back to safety, Incorporation by reference, cracks and missing/incomplete welds in the you. We specifically invite comments Safety. right inboard forward flap bell crank. We are on the overall regulatory, economic, issuing this AD to prevent failure of the right Adoption of the Amendment environmental, and energy aspects of inboard forward flap bell crank due to cracks, the rule that might suggest a need to ■ Accordingly, under the authority deformation, or missing/incomplete welds. modify it. If a person contacts us delegated to me by the Administrator, Such failure could lead to damage to the flap through a nonwritten communication, the Federal Aviation Administration system and surrounding structure and result in reduced or loss of control of the airplane. and that contact relates to a substantive amends part 39 of the Federal Aviation part of this AD, we will summarize the Regulations (14 CFR part 39) as follows: What Must I Do To Address This Problem? contact and place the summary in the PART 39—AIRWORTHINESS (e) To address this problem, you must docket. We will consider all comments DIRECTIVES accomplish the following, unless already received by the closing date and may accomplished (compliance with Cessna amend the AD in light of those ■ 1. The authority citation for part 39 Caravan Service Bulletin CAB03–11, comments. continues to read as follows: Revision 1, dated September 24, 2003):
Actions Compliance Procedures
(1) Inspect the right inboard forward flap bell Within the next 25 landings after October 21, Use a flashlight and a mirror as necessary to crank assembly for cracks, deformation, and 2003 (the effective date of this AD). If land- see if welds (1), (4), (5), and (6) exist and missing/incomplete welds. The affected flap ings are unknown, then you may multiply are at least 0.06-inch thick around the full bell crank incorporates one of the following hours time-in-service (TIS) by 1.25. For the circumference of the shaft. These welds part numbers (P/N): purposes of this AD, you may substitute 20 and the inspection procedures are ref- (i) P/N 2622083–18; hours TIS for 25 landings. erenced in Figure 1, details A, B, and C; (ii) P/N 2622281–2; and Views A–A and B–B of Cessna Cara- (iii) P/N 2692001–2; or van Service Bulletin CAB03–11, Revision 1, (iv) P/N 2622281–12. dated September 24, 2003.
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Actions Compliance Procedures
(2) If you find cracks, deformation, or missing/ Replace or do the flap prohibition actions prior Replacement: Use the Accomplishment In- incomplete welds during the inspection re- to further flight after the inspection required structions of Cessna Caravan Service Bul- quired by paragraph (e)(1) of this AD, then in paragraph (e)(1) of this AD. If you letin No.: CAB02–12, Revision 1, dated accomplish one of the following: choose the flap prohibition, you must have January 27, 2003, and the Accomplishment (i) Replace the flap bell crank with a P/N the replacement done within 200 hours TIS Instructions of Cessna Caravan Service Kit 2622311–7 flap bell crank; or after the inspection required by paragraph No.: SK208–148A, dated January 27, 2003. (ii) Prohibit the use of flaps through the ac- (e)(1) of this AD. After the new flap bell Flap Prohibition: Use the information in the tions of paragraph (f) of this AD. crank (2622311–7) is installed, the Tem- Temporary Revision 208PHTR02, dated porary Revision 208PHTR02, dated Sep- September 23, 2003. The action is ref- tember 23, 2003, should be removed. erenced in Cessna Caravan Service Bul- letin CAB03–11, Revision 1, dated Sep- tember 24, 2003.
What Are the Actions I Must Do if I Choose Is There Material Incorporated by station to detect damaged or chafed the Flap Prohibition Option? Reference? wires; and corrective action, if (f) Insert Temporary Revision, 208PHTR02, (i) You must do the actions required by this necessary. This amendment requires a dated September 23, 2003, into the AD per Cessna Caravan Service Bulletin new inspection of the wire bundle applicable pilot’s operating handbook and CAB03–11, Revision 1, dated September 24, installation behind the first observer’s FAA-approved airplane flight manual. The 2003; Cessna Caravan Service Bulletin No.: station to detect damaged or chafed owner/operator holding at least a private CAB02–12, Revision 1, dated January 27, wires; repair if necessary; installation of pilot certificate as authorized by section 43.7 2003; and Cessna Caravan Service Kit No.: a grommet around the lower edge of the of the Federal Aviation Regulations (14 CFR SK208–148A, dated January 27, 2003 (Original issue: October 21, 2002). The feed-through; replacement of the 43.7) may incorporate this information into support bracket with a new bracket; and the AFM. Make an entry into the aircraft Director of the Federal Register approved the records showing compliance with this incorporation by reference of this service relocation of the support clamp of the portion of the AD in accordance with § 43.9 bulletin in accordance with 5 U.S.C. 552(a) wire bundle; as applicable. The actions of the Federal Aviation Regulations (14 CFR and 1 CFR part 51. You may get a copy from specified by this AD are intended to 43.9). Cessna Aircraft Company, Product Support, prevent the wire bundle contained in (1) This procedure applies to Cessna P.O. Box 7706, Wichita, Kansas 67277; the feed-through from contacting the Models 208 and 208B landplanes. For other telephone: (316) 517–5800; facsimile: (316) bottom of the feed-through, which could FAA-approved aircraft configurations (e.g., 942–9006. You may review copies at FAA, cause cable chafing, electrical arcing, amphibian, floatplanes, etc.), you must Central Region, Office of the Regional and smoke or fire in the cockpit. This operate with flaps up per the appropriate Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the action is intended to address the airplane flight manual supplement. identified unsafe condition. (2) This procedure allows for applicable Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. DATES: Effective November 21, 2003. deviation from the Master Minimum The incorporation by reference of Equipment List (MMEL) for these airplanes Issued in Kansas City, Missouri, on until the flap bell crank is replaced. The October 8, 2003. certain publications listed in the regulations is approved by the Director applicable MMEL requirements go back into James E. Jackson, effect at the time of flap bell crank of the Federal Register as of November Acting Manager, Small Airplane Directorate, 21, 2003. replacement. Aircraft Certification Service. ADDRESSES: The service information Are There Differences Between the Service [FR Doc. 03–26115 Filed 10–16–03; 8:45 am] Information and This AD? referenced in this AD may be obtained BILLING CODE 4910–13–U from Boeing Commercial Aircraft (g) Yes. The service information requires Group, Long Beach Division, 3855 an inspection on all flap bell cranks within Lakewood Boulevard, Long Beach, the flap system. However, this AD only DEPARTMENT OF TRANSPORTATION addresses the right inboard forward flap bell California 90846, Attention: Data and crank. To date, FAA has only received Federal Aviation Administration Service Management, Dept. C1–L5A reports on the right inboard forward flap bell (D800–0024). This information may be cranks, and we are addressing this issue 14 CFR Part 39 examined at the FAA, 1601 Lind through a final rule; request for comments Avenue, SW., Renton, Washington; or at (immediately adopted rule) AD action. After [Docket No. 2001–NM–57–AD; Amendment the FAA, Los Angeles Aircraft issuing this AD, we will evaluate the 39–13340; AD 2003–21–05] Certification Office, 3960 Paramount condition of the entire flap system and RIN 2120–AA64 Boulevard, Lakewood, California; or at determine whether additional action is the Office of the Federal Register, 800 necessary. Airworthiness Directives; McDonnell North Capitol Street, NW., suite 700, What About Alternative Methods of Douglas Model MD–11 Airplanes Washington, DC. Compliance? AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: (h) You may request a different method of Administration, DOT. Brett Portwood, Aerospace Engineer, compliance or a different compliance time Systems and Equipment Branch, ANM– ACTION: Final rule. for this AD by following the procedures in 14 130L, FAA, Transport Airplane CFR 39.13. Send your request to the Manager, SUMMARY: This amendment supersedes Directorate, Los Angeles Aircraft Wichita Aircraft Certification Office (ACO). an existing airworthiness directive (AD), Certification Office, 3960 Paramount For information on any already approved Boulevard, Lakewood, California alternative methods of compliance, contact applicable to certain McDonnell Paul Nguyen, Aerospace Engineer, FAA, Douglas Model MD–11 airplanes, that 90712–4137; telephone (562) 627–5350; Wichita ACO, 1801 Airport Road, Room 100, currently requires a one-time detailed fax (562) 627–5210. Wichita, Kansas 67209; telephone: 316–946– visual inspection of the wire bundle SUPPLEMENTARY INFORMATION: A 4125; facsimile: 816–946–4107. installation behind the first observer’s proposal to amend part 39 of the Federal
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Aviation Regulations (14 CFR part 39) The actions that are required by this Adoption of the Amendment by superseding AD 2000–03–13, AD will take approximately 2 work ■ Accordingly, pursuant to the authority amendment 39–11572 (65 FR 8028, hours per airplane to accomplish, at an delegated to me by the Administrator, February 17, 2000), which is applicable average labor rate of $65 per work hour. the Federal Aviation Administration to certain McDonnell Douglas Model Required parts will cost approximately amends part 39 of the Federal Aviation MD–11 airplanes, was published as a $407 per airplane. Based on these Regulations (14 CFR part 39) as follows: supplemental notice of proposed figures, the cost impact of the rulemaking (NPRM) in the Federal requirements of this AD on U.S. PART 39—AIRWORTHINESS Register on July 24, 2003 (68 FR 43686). operators is estimated to be $33,294, or DIRECTIVES The action proposed to require a new $537 per airplane. inspection of the wire bundle The cost impact figure discussed ■ 1. The authority citation for part 39 installation behind the first observer’s above is based on assumptions that no continues to read as follows: station to detect damaged or chafed operator has yet accomplished any of Authority: 49 U.S.C. 106(g), 40113, 44701. wires; repair if necessary; installation of the requirements of this AD action, and a grommet around the lower edge of the that no operator would accomplish § 39.13 [Amended] feed-through; replacement of the those actions in the future if this AD ■ 2. Section 39.13 is amended by support bracket with a new bracket; and were not adopted. The cost impact removing amendment 39–11572 (65 FR relocation of the support clamp of the figures discussed in AD rulemaking 8028, February 17, 2000), and by adding wire bundle; as applicable. The action actions represent only the time a new airworthiness directive (AD), also specified new corrective actions. necessary to perform the specific actions amendment 39–13340, to read as Comments actually required by the AD. These follows: figures typically do not include Interested persons have been afforded incidental costs, such as the time 2003–21–05 McDonnell Douglas: an opportunity to participate in the Amendment 39–13340. Docket 2001– required to gain access and close up, NM–57–AD. Supersedes AD 2000–03– making of this amendment. No planning time, or time necessitated by 13, Amendment 39–11572. comments were submitted in response other administrative actions. The Applicability: Model MD–11 airplanes, as to the supplemental NPRM or the FAA’s manufacturer may cover the cost of listed in Boeing Alert Service Bulletin determination of the cost to the public. replacement parts associated with this MD11–24A041, Revision 03, dated Conclusion AD, subject to warranty conditions. September 11, 2002; certificated in any Manufacturer warranty remedies may category. The FAA has determined that air also be available for labor costs Note 1: This AD applies to each airplane safety and the public interest require the associated with this AD. As a result, the identified in the preceding applicability adoption of the rule as proposed. costs attributable to this AD may be less provision, regardless of whether it has been than stated above. modified, altered, or repaired in the area Changes to 14 CFR Part 39/Effect on the subject to the requirements of this AD. For Proposed AD Regulatory Impact airplanes that have been modified, altered, or repaired so that the performance of the On July 10, 2002, the FAA issued a The regulations adopted herein will requirements of this AD is affected, the new version of 14 CFR part 39 (67 FR not have a substantial direct effect on owner/operator must request approval for an 47997, July 22, 2002), which governs the the States, on the relationship between alternative method of compliance in FAA’s airworthiness directives system. the national Government and the States, accordance with paragraph (d)(1) of this AD. The regulation now includes material or on the distribution of power and The request should include an assessment of that relates to altered products, special responsibilities among the various the effect of the modification, alteration, or flight permits, and alternative methods levels of government. Therefore, it is repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not of compliance (AMOCs). Because we determined that this final rule does not been eliminated, the request should include have now included this material in part have federalism implications under specific proposed actions to address it. 39, only the office authorized to approve Executive Order 13132. Compliance: Required as indicated, unless AMOCs is identified in each individual For the reasons discussed above, I accomplished previously. AD. certify that this action (1) is not a To prevent the wire bundle contained in Change to Labor Rate Estimate ‘‘significant regulatory action’’ under the feed-through from contacting the bottom Executive Order 12866; (2) is not a of the feed-through, which could cause cable We have reviewed the figures we have ‘‘significant rule’’ under DOT chafing, electrical arcing, and smoke or fire used over the past several years to Regulatory Policies and Procedures (44 in the cockpit, accomplish the following: calculate AD costs to operators. To FR 11034, February 26, 1979); and (3) Inspection account for various inflationary costs in will not have a significant economic (a) Within 1 year after the effective date of the airline industry, we find it necessary impact, positive or negative, on a this AD, do a one-time detailed inspection of to increase the labor rate used in these substantial number of small entities the wire bundle installation behind the first calculations from $60 per work hour to under the criteria of the Regulatory observer’s station to detect damaged or $65 per work hour. The cost impact Flexibility Act. A final evaluation has chafed wires, per Boeing Alert Service information, below, reflects this been prepared for this action and it is Bulletin MD11–24A041, Revision 03, dated increase in the specified hourly labor contained in the Rules Docket. A copy September 11, 2002. rate. of it may be obtained from the Rules Note 2: For the purposes of this AD, a Docket at the location provided under detailed inspection is defined as: ‘‘An Cost Impact intensive visual examination of a specific the caption ADDRESSES. structural area, system, installation, or There are approximately 193 List of Subjects in 14 CFR Part 39 assembly to detect damage, failure, or airplanes of the affected design in the irregularity. Available lighting is normally worldwide fleet. The FAA estimates that Air transportation, Aircraft, Aviation supplemented with a direct source of good 62 airplanes of U.S. registry will be safety, Incorporation by reference, lighting at intensity deemed appropriate by affected by this AD. Safety. the inspector. Inspection aids such as mirror,
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magnifying lenses, etc., may be used. Surface DEPARTMENT OF TRANSPORTATION Renton, Washington; or at the Office of cleaning and elaborate access procedures the Federal Register, 800 North Capitol may be required.’’ Federal Aviation Administration Street, NW., suite 700, Washington, DC. Condition 1: No Damaged or Chafed Wire FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 Todd Thompson, Aerospace Engineer, (b) If no damaged or chafed wire is [Docket No. 2001–NM–353–AD; Amendment International Branch, ANM–116, FAA, detected during the detailed inspection 39–13341; AD 2003–21–06] Transport Airplane Directorate, 1601 required by paragraph (a) of this AD, before Lind Avenue, SW., Renton, Washington further flight, revise the wire bundle support RIN 2120–AA64 98055–4056; telephone (425) 227–1175; clamp installation, per Boeing Alert Service fax (425) 227–1149. Bulletin MD11–24A041, Revision 03, dated Airworthiness Directives; Airbus Model September 11, 2002. A330–301, –321, –322, –341, and –342 SUPPLEMENTARY INFORMATION: The Airplanes Direction Ge´ne´rale de l’Aviation Civile Condition 2: Any Damaged or Chafed Wire (DGAC), which is the airworthiness (c) If any damaged or chafed wire is AGENCY: Federal Aviation authority for France, notified the FAA detected during the detailed inspection Administration, DOT. that an unsafe condition may exist on required by paragraph (a) of this AD, before ACTION: Final rule; request for certain Airbus Model A330–301, –321, further flight, repair wiring, and revise the comments. –322, –341, and –342 airplanes. The wire bundle support clamp installation, per DGAC advises that, during fatigue SUMMARY: This amendment adopts a Boeing Alert Service Bulletin MD11–24A041, testing, after 57,457 simulated flights, a new airworthiness directive (AD), Revision 03, dated September 11, 2002. crack initiated and propagated in the applicable to certain Airbus Model rear fuselage on the right-hand side of Alternative Methods of Compliance A330–301, –321, –322, –341, and –342 the airplane in the web of frame 65 at (d)(1) In accordance with 14 CFR 39.19, the airplanes. This action requires stringer 27, at the first lower rivet row Manager, Los Angeles Aircraft Certification modifying the rear fuselage to reinforce of the cross-beam attach fitting. Such Office (ACO), FAA, is authorized to approve a certain frame segment. This action is cracking, if not corrected, could result alternative methods of compliance (AMOCs) necessary to prevent fatigue cracking of in reduced structural integrity of the for this AD. the rear fuselage, which could result in airplane. Note 3: Information concerning the reduced structural integrity of the existence of approved alternative methods of airplane. This action is intended to Explanation of Relevant Service compliance with this AD, if any, may be address the identified unsafe condition. Information obtained from the Los Angeles ACO. DATES: Effective November 3, 2003. Airbus has issued Service Bulletin (2) Alternative methods of compliance, The incorporation by reference of A330–53–3059, Revision 01, dated approved previously in accordance with AD certain publications listed in the October 15, 1997. That service bulletin 2000–03–13, amendment 39–11572, are regulations is approved by the Director describes procedures for modifying the approved as alternative methods of of the Federal Register as of November rear fuselage to reinforce frame 65 in the compliance with this AD. 3, 2003. area of stringer 27 at the first lower rivet Incorporation by Reference Comments for inclusion in the Rules row of the cross-beam attach fitting. Docket must be received on or before (e) The actions shall be done in accordance This modification includes performing with Boeing Alert Service Bulletin MD11– November 17, 2003. rotating probe inspections for cracking 24A041, Revision 03, dated September 11, ADDRESSES: Submit comments in of certain fastener holes, reaming certain 2002. This incorporation by reference was triplicate to the Federal Aviation fastener holes (either as a corrective approved by the Director of the Federal Administration (FAA), Transport action if cracking is found in certain Register in accordance with 5 U.S.C. 552(a) Airplane Directorate, ANM–114, areas, or as a follow-on action for and 1 CFR part 51. Copies may be obtained Attention: Rules Docket No. 2001–NM– uncracked fastener holes), cold- from Boeing Commercial Aircraft Group, 353–AD, 1601 Lind Avenue, SW., expanding certain fastener holes, Long Beach Division, 3855 Lakewood Renton, Washington 98055–4056. replacing certain existing fasteners with Boulevard, Long Beach, California 90846, Comments may be inspected at this improved fasteners, and applying Attention: Data and Service Management, location between 9 a.m. and 3 p.m., sealant. Accomplishment of the actions Dept. C1-L5A (D800–0024). This information Monday through Friday, except Federal specified in the service bulletin is may be examined at the FAA, Transport holidays. Comments may be submitted intended to adequately address the Airplane Directorate, 1601 Lind Avenue, via fax to (425) 227–1232. Comments identified unsafe condition. The DGAC SW., Renton, Washington; or at the FAA, Los may also be sent via the Internet using classified this service bulletin as Angeles Aircraft Certification Office, 3960 the following address: 9-anm- mandatory and issued French Paramount Boulevard, Lakewood, California; [email protected]. Comments sent airworthiness directive 2001–496(B), or at the Office of the Federal Register, 800 via fax or the Internet must contain dated October 17, 2001, to ensure the North Capitol Street, NW., suite 700, ‘‘Docket No. 2001–NM–353–AD’’ in the Washington, DC. continued airworthiness of these subject line and need not be submitted airplanes in France. Effective Date in triplicate. Comments sent via the FAA’s Conclusions (f) This amendment becomes effective on Internet as attached electronic files must November 21, 2003. be formatted in Microsoft Word 97 for This airplane model is manufactured Windows or ASCII text. in France and is type certificated for Issued in Renton, Washington, on October The service information referenced in operation in the United States under the 9, 2003. this AD may be obtained from Airbus provisions of section 21.29 of the Ali Bahrami, Industrie, 1 Rond Point Maurice Federal Aviation Regulations (14 CFR Acting Manager, Transport Airplane Bellonte, 31707 Blagnac Cedex, France. 21.19) and the applicable bilateral Directorate, Aircraft Certification Service. This information may be examined at airworthiness agreement. Pursuant to [FR Doc. 03–26116 Filed 10–16–03; 8:45 am] the FAA, Transport Airplane this bilateral airworthiness agreement, BILLING CODE 4910–13–U Directorate, 1601 Lind Avenue, SW., the DGAC has kept the FAA informed
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of the situation described above. The Determination of Rule’s Effective Date Regulatory Impact FAA has examined the findings of the The regulations adopted herein will DGAC, reviewed all available Since this AD action does not affect any airplane that is currently on the not have a substantial direct effect on information, and determined that AD the States, on the relationship between action is necessary for products of this U.S. register, it has no adverse economic impact and imposes no additional the national Government and the States, type design that are certificated for burden on any person. Therefore, prior or on the distribution of power and operation in the United States. notice and public procedures hereon are responsibilities among the various Explanation of Requirements of the unnecessary and the amendment may be levels of government. Therefore, it is Rule made effective in less than 30 days after determined that this final rule does not publication in the Federal Register. have federalism implications under Since an unsafe condition has been Executive Order 13132. identified that is likely to exist or Comments Invited For the reasons discussed above, I develop on other airplanes of the same Although this action is in the form of certify that this action (1) is not a type design that may be registered in the a final rule and was not preceded by ‘‘significant regulatory action’’ under United States at some time in the future, notice and opportunity for public Executive Order 12866; (2) is not a this AD is being issued to prevent comment, comments are invited on this ‘‘significant rule’’ under DOT fatigue cracking of the rear fuselage, rule. Interested persons are invited to Regulatory Policies and Procedures (44 which could result in reduced structural comment on this rule by submitting FR 11034, February 26, 1979); and (3) integrity of the airplane. This AD such written data, views, or arguments will not have a significant economic requires accomplishment of the actions as they may desire. Communications impact, positive or negative, on a specified in the service bulletin shall identify the Rules Docket number substantial number of small entities described previously, except as and be submitted in triplicate to the under the criteria of the Regulatory discussed below. address specified under the caption Flexibility Act. A final evaluation has been prepared for this action and it is ADDRESSES. All communications Differences Between This AD and received on or before the closing date contained in the Rules Docket. A copy Service Bulletin for comments will be considered, and of it may be obtained from the Rules this rule may be amended in light of the Docket at the location provided under Although the service bulletin the caption ADDRESSES. specifies that operators may contact the comments received. Factual information manufacturer for disposition of certain that supports the commenter’s ideas and List of Subjects in 14 CFR Part 39 suggestions is extremely helpful in repair conditions, this AD requires Air transportation, Aircraft, Aviation evaluating the effectiveness of the AD operators to repair those conditions per safety, Incorporation by reference, action and determining whether a method approved by either the FAA Safety. or the DGAC (or its delegated agent). In additional rulemaking action would be light of the type of repair that is needed. Adoption of the Amendment required to address the unsafe Submit comments using the following ■ Accordingly, pursuant to the authority condition, and consistent with existing format: delegated to me by the Administrator, bilateral airworthiness agreements, we • Organize comments issue-by-issue. the Federal Aviation Administration have determined that, for this AD, a For example, discuss a request to amends part 39 of the Federal Aviation repair approved by either the FAA or change the compliance time and a Regulations (14 CFR part 39) as follows: the DGAC would be acceptable for request to change the service bulletin compliance with this AD. reference as two separate issues. PART 39—AIRWORTHINESS • DIRECTIVES Cost Impact For each issue, state what specific change to the AD is being requested. ■ 1. The authority citation for part 39 None of the airplanes affected by this • Include justification (e.g., reasons or continues to read as follows: action are on the U.S. Register. All data) for each request. Authority: 49 U.S.C. 106(g), 40113, 44701. airplanes included in the applicability Comments are specifically invited on of this rule currently are operated by the overall regulatory, economic, § 39.13 [Amended] non-U.S. operators under foreign environmental, and energy aspects of ■ 2. Section 39.13 is amended by adding registry; therefore, they are not directly the rule that might suggest a need to affected by this AD action. However, the the following new airworthiness modify the rule. All comments directive: FAA considers that this rule is submitted will be available, both before necessary to ensure that the unsafe and after the closing date for comments, 2003–21–06 Airbus: Amendment 39–13341. condition is addressed in the event that in the Rules Docket for examination by Docket 2001–NM–353–AD. any of these subject airplanes are interested persons. A report that Applicability: Model A330–301, –321, imported and placed on the U.S. summarizes each FAA-public contact –322, –341, and –342 airplanes; certificated Register in the future. concerned with the substance of this AD in any category; except those on which Airbus Modification 43761, 44203, or 44052 Should an affected airplane be will be filed in the Rules Docket. has been accomplished in production. imported and placed on the U.S. Commenters wishing the FAA to Compliance: Required as indicated, unless Register in the future, it would require acknowledge receipt of their comments accomplished previously. approximately 3 work hours to submitted in response to this rule must To prevent fatigue cracking of the rear accomplish the required actions, at an submit a self-addressed, stamped fuselage, which could result in reduced average labor rate of $65 per work hour. postcard on which the following structural integrity of the airplane, accomplish the following: Required parts would cost statement is made: ‘‘Comments to approximately $120 per airplane. Based Docket Number 2001–NM–353–AD.’’ Service Bulletin Reference on these figures, the cost impact of this The postcard will be date stamped and (a) The following information pertains to AD would be $315 per airplane. returned to the commenter. the service bulletin referenced in this AD:
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(1) The term ‘‘service bulletin’’ as used in DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION this AD, means the Accomplishment Instructions of Airbus Service Bulletin A330– Federal Aviation Administration Federal Aviation Administration 53–3059, Revision 01, dated October 15, 1997. 14 CFR Part 71 14 CFR Part 71 (2) Modifications accomplished before the effective date of this AD per Airbus Service Bulletin A330–53–3059, dated June 18, 1996, [Docket No. FAA–2003–15723; Airspace [Docket No. FAA–2003–15724; Airspace are acceptable for compliance with this AD. Docket No. 03–ACE–65] Docket No. 03–ACE–66] Modification Modification of Class E Airspace; Modification of Class E Airspace; (b) Prior to the accumulation of 20,000 Meade, KS Centerville, IA total flight cycles, modify the rear fuselage to reinforce frame 65 in the area of stringer 27 AGENCY: AGENCY: at the first lower rivet row of the cross-beam Federal Aviation Federal Aviation attach fitting (including performing rotating Administration (FAA), DOT. Administration (FAA), DOT. probe inspections for cracking of certain ACTION: Direct final rule; confirmation of ACTION: Direct final rule; confirmation of fastener holes; accomplishing any applicable effective date. effective date. repair; and replacing certain fasteners with new, improved fasteners) by accomplishing all actions specified in paragraphs 2.A. SUMMARY: This document confirms the SUMMARY: This document confirms the through 2.D. of the service bulletin. Do the effective date of the direct final rule effective date of the direct final rule actions per the service bulletin, except as which revises Class E airspace at Meade, which revises Class E airspace at required by paragraph (c) of this AD. Any KS. Centerville, IA. applicable repair must be accomplished prior to further flight. EFFECTIVE DATE: 0901 UTC, December EFFECTIVE DATE: 0901 UTC, December Repairs 25, 2003. 25, 2003. (c) If any crack is found during any FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: inspection required by this AD, and the Kathy Randolph, Air Traffic Division, Kathy Randolph, Air Traffic Division, service bulletin recommends contacting Airspace Branch, ACE–520C. DOT Airspace Branch, ACE–520C, DOT Airbus for appropriate action: Before further Regional Headquarters Building, Federal Regional Headquarters Building, Federal flight, repair per a method approved by the Aviation Administration, 901 Locust, Aviation Administration, 901 Locust, Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate; or the Kansas City, MO 64106; telephone: Kansas City, MO 64106; telephone: Direction Ge´ne´rale de l’Aviation Civile (or its (816) 329–2525. (816) 329–2525. delegated agent). SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: The FAA Alternative Methods of Compliance published this direct final rule with a published this direct final rule with a (d) In accordance with 14 CFR 39.19, the request for comments in the Federal request for comments in the Federal Manager, International Branch, ANM–116, is Register on August 18, 2003 (68 FR Register on August 19, 2003 (68 FR authorized to approve alternative methods of 49346). The FAA uses the direct final 49691) and subsequently published a compliance for this AD. rulemaking procedure for a non- correction to the direct final rule in the Incorporation by Reference controversial rule where the FAA Federal Register on August 29, 2003 (68 (e) Unless otherwise specified in this AD, believes that there will be no adverse FR 52075). The FAA uses the direct the actions shall be done in accordance with public comment. This direct final rule final rulemaking procedure for a non- Airbus Service Bulletin A330–53–3059, advised the public that no adverse controversial rule where the FAA Revision 01, dated October 15, 1997. This comments were anticipated, and that believes that there will be no adverse incorporation by reference was approved by unless a written adverse comment, or a public comment. This direct final rule the Director of the Federal Register in written notice of intent to submit such advised the public that no adverse accordance with 5 U.S.C. 552(a) and 1 CFR an adverse comment, were received comments were anticipated, and that part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, within the comment period, the unless a written adverse comment, or a 31707 Blagnac Cedex, France. Copies may be regulation would become effective on written notice of intent to submit such inspected at the FAA, Transport Airplane December 25, 2003. No adverse an adverse comment, were received Directorate, 1601 Lind Avenue, SW., Renton, comments were received, and thus this within the comment period, the Washington; or at the Office of the Federal notice confirms that this direct final rule regulation would become effective on Register, 800 North Capitol Street, NW., suite will become effective on that date. December 25, 2003. No adverse 700, Washington, DC. Issued in Kansas City, MO on October 3, comments were received, and thus this Note 1: The subject of this AD is addressed notice confirms that this direct final rule in French airworthiness directive 2001– 2003. 496(B), dated October 17, 2001. Herman J. Lyons, Jr., will become effective on that date. Issued in Kansas City, MO on October 3, Effective Date Manager, Air Traffic Division, Central Region. [FR Doc. 03–26229 Filed 10–16–03; 8:45 am] 2003. (f) This amendment becomes effective on Herman J. Lyons, Jr., November 3, 2003. BILLING CODE 4910–13–M Manager, Air Traffic Division, Central Region. Issued in Renton, Washington, on October 9, 2003. [FR Doc. 03–26228 Filed 10–16–03; 8:45 am] Ali Bahrami, BILLING CODE 4910–13–M Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 03–26117 Filed 10–16–03; 8:45 am] BILLING CODE 4910–13–P
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DEPARTMENT OF HEALTH AND (drugs)). These provisions were administer and enforce the PPP Act was HUMAN SERVICES challenged by the Nutritional Health transferred from FDA to the Consumer Alliance (NHA), an association Product Safety Commission in 1972 Food and Drug Administration including manufacturers and under the enactment of the Consumer distributors of iron-containing dietary Product Safety Act (15 U.S.C. 2051 et 21 CFR Parts 111 and 310 supplements, on the basis that FDA did seq.). not have authority under the act to issue [Docket Nos. 91P–0186 and 93P–0306] III. Authority for Issuing Final Rule and enforce regulations for the purpose Iron-Containing Supplements and of poison prevention. On November 1, Section 553(b)(3)(B) of the Drugs; Label Warning Statements and 2000, the U.S. District Court for the Administrative Procedure Act (5 U.S.C. Unit-Dose Packaging Requirements; Eastern District of New York upheld 553(b)(3)(B)) provides that when an Removal of Regulations for Unit-Dose FDA’s authority to issue the regulations agency for good cause finds that notice Packaging Requirements for Dietary under the act (Nutritional Health and public procedure are impracticable, Supplements and Drugs Alliance v. FDA, No. 97–CV–5042, 2000 unnecessary, or contrary to the public U.S. Dist. LEXIS 22330 (E.D.N.Y. Nov. 1, interest, the agency may issue a rule AGENCY: Food and Drug Administration, 2000)). NHA appealed. On January 21, without providing notice and an HHS. 2003, the U.S. Court of Appeals for the opportunity for public comment. FDA ACTION: Final rule; removal of regulatory Second Circuit reversed the judgment of has determined that there is good cause provisions in response to court order. the District Court and remanded the under 5 U.S.C. 553(b)(3)(B) and 21 CFR case to the District Court to fashion an 10.40(d) to forgo notice and comment. SUMMARY: The Food and Drug appropriate remedy. On May 9, 2003, As a matter of law, the decision issued Administration (FDA) is removing, in the District Court signed a final by the U.S. Court of Appeals for the part, a final rule that required unit-dose judgment declaring the provisions of Second Circuit and the final judgment packaging for iron-containing dietary §§ 111.50 and 310.518(a) invalid and of the U.S. District Court for the Eastern supplement and drug products that without legal force or effect (Nutritional District of New York invalidated the contain 30 milligrams (mg) or more of Health Alliance v. FDA, No. 97–CV– provisions of the 1997 final rule iron per dosage unit. FDA is taking this 5042 (E.D.N.Y. filed May 29, 2003). requiring unit-dose packaging for solid action in response to the Court’s ruling oral dosage form dietary supplement II. Summary of the Final Rule in Nutritional Health Alliance v. FDA, and drug products that contain 30 mg or in which the Court concluded that the In accordance with the Court’s ruling more per dosage unit, thereby making Federal Food, Drug, and Cosmetic Act and the District Court’s final judgment, these provisions nonbinding and (the act) does not provide FDA with FDA is removing those parts of the 1997 unenforceable. FDA finds that it is authority to require manufacturers of final rule that established regulations in therefore unnecessary to provide notice iron-containing dietary supplement and §§ 111.50 and 310.518(a), which and opportunity for public comment on drug products to use unit-dose required unit-dose packaging for dietary this action, which merely implements packaging for poison prevention supplement and drug products that the Court’s order. For the same reasons, purposes. Today’s action takes the contain 30 mg or more of iron per FDA finds that there is good cause, ministerial step of removing the unit- dosage unit. The agency is also revising within the meaning of 5 U.S.C. 553(d)(3) dose packaging provisions from title 21 § 310.518(b), which provided a and in accordance with the of the Code of Federal Regulations. temporary exemption from unit-dose Congressional Review Act (5 U.S.C. 801 DATES: This rule is effective October 17, packaging requirements for certain iron- et seq., at 808(2)), to make this rule 2003. containing drug products, and revising effective immediately. FOR FURTHER INFORMATION CONTACT: appropriate paragraphs in § 310.518 IV. Environmental Impact Robert J. Moore, Center for Food Safety accordingly. and Applied Nutrition (HFS–810), Food This rule does not affect the The agency has determined under 21 and Drug Administration, 5100 Paint provisions of 21 CFR 101.17(e), which CFR 25.301(h) that this action is of a Branch Pkwy., College Park, MD 20740, requires label warning statements on all type that does not individually or 301–436–1441. iron-containing dietary supplements in cumulatively have a significant effect on solid oral dosage form, or the provisions SUPPLEMENTARY INFORMATION: the human environment. Therefore, of § 310.518(c) (which is redesignated in neither an environmental assessment I. Background this rule as § 310.518(a)), which requires nor an environmental impact statement In the Federal Register of January 15, label warning statements on all iron- is required. containing drugs in solid oral dosage 1997 (62 FR 2218), FDA published a V. Analysis of Impacts final rule (1997 final rule) that, among form, except iron-containing inert other things, required unit-dose tablets supplied in monthly packages of Under Executive Order 12866, this packaging1 for iron-containing dietary oral contraceptives. Nor does this rule action is not a regulatory action that is affect the provisions of 16 CFR supplement and drug products in solid subject to review by the Office of 1700.14(a)(12) and (a)(13), which oral dosage form that contain 30 mg or Management and Budget (OMB). require special packaging for iron- more of iron per dosage unit (§ 111.50 Because the agency has determined that containing drug and dietary supplement (21 CFR 111.50 (dietary supplements) there is good cause to forgo notice and products, respectively, to protect and § 310.518(a) (21 CFR 310.518(a) comment requirements under the children from serious personal injury or Administrative Procedure Act or any 1 For purposes of the rule, ‘‘unit-dose packaging’’ serious illness resulting from handling, other statute, the requirements of the means a method of packaging a product into a using, or ingesting such substances (16 Regulatory Flexibility Act (5 U.S.C. 601 nonreusable container designed to hold a signle CFR 1700.14(a), (a)(12), and (a)(13)). The et seq.) and the Unfunded Mandates dosage intended for administration directly from regulations in 16 CFR 1700.14 were Reform Act of 1995 (Public Law 104–4) that container, irrespective of whether the recommended dose is one or more than one of these issued under the Poison Prevention do not apply. units (62 FR 2218, n.1; see also §111.50(a) and 21 Packaging Act of 1970 (15 U.S.C. 1471 However, FDA has examined the CFR 310.510(a)). et seq.) (PPP Act). The authority to impacts of this final rule under those
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provisions. Executive Order 12866 devices, Reporting and recordkeeping of this section shall also appear directs agencies to assess all costs and requirements. prominently and conspicuously on the benefits of available regulatory ■ Therefore, under the Federal Food, information panel of the retail package alternatives and, when regulation is Drug, and Cosmetic Act and under label. necessary, to select regulatory authority delegated to the Commissioner (4) The warning statement shall approaches that maximize net benefits of Food and Drugs, 21 CFR parts 111 and appear on any labeling that contains (including potential economic, 310 are amended as follows: warnings. environmental, public health and safety (5) The warning statement required by and other advantages; distributive PART 111—CURRENT GOOD paragraph (a)(1) of this section shall be impacts; and equity). The agency MANUFACTURING PRACTICE FOR set off in a box by use of hairlines. believes that this final rule is consistent DIETARY SUPPLEMENTS (b) The iron-containing inert tablets with the regulatory philosophy and ■ supplied in monthly packages of oral principles identified in the Executive 1. The authority citation for 21 CFR contraceptives are categorically exempt order. When applicable, the Regulatory part 111 continues to read as follows: from the requirements of paragraph (a) Flexibility Act requires agencies to Authority: 21 U.S.C. 321, 342, 371. of this section. analyze regulatory options that would PART 111—[REMOVED AND Dated: October 7, 2003. minimize any significant impact of a Jeffrey Shuren, rule on small entities. This rule is RESERVED] Assistant Commissioner for Policy. merely technical in nature and imposes ■ 2. Part 111, consisting of §111.50, is [FR Doc. 03–26188 Filed 10–16–03; 8:45 am] no new burdens on small entities. removed and reserved. Indeed, the effect of this rule is to BILLING CODE 4160–01–S remove a requirement that PART 310—NEW DRUGS manufacturers package certain iron- containing dietary supplement and drug ■ 3. The authority citation for 21 CFR DEPARTMENT OF THE TREASURY products in unit-dose packaging. part 310 continues to read as follows: Finally, a summary statement or Authority: 21 U.S.C. 321, 331, 351, 352, 31 CFR Part 50 analysis under section 202(a) of the 353, 355, 360b–360f, 360j, 361(a), 371, 374, RIN 1505–AA99 Unfunded Mandates Reform Act of 1995 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, is required only for nonprocedural rules 263b–263n. ■ Terrorism Risk Insurance Program; that impose costs of $110 million or 4. Section 310.518 is revised to read as State Residual Market Insurance more on either the private sector or follows: Entities State, local, and tribal governments in § 310.518 Drug products containing iron AGENCY: the aggregate. This rule imposes no such or iron salts. Departmental Offices, Treasury. costs. ACTION: Drug products containing elemental Final rule. VI. Federalism iron or iron salts as an active ingredient SUMMARY: The Department of the FDA has analyzed this final rule in in solid oral dosage form, e.g., tablets or Treasury (Treasury) is issuing this final accordance with the principles set forth capsules shall meet the following rule as part of its implementation of in Executive Order 13132. FDA has requirements: Title I of the Terrorism Risk Insurance (a) Labeling. (1) The label of any drug determined that the rule does not Act of 2002 (Act). The Act established in solid oral dosage form (e.g., tablets or contain policies that have substantial a temporary Terrorism Risk Insurance capsules) that contains iron or iron salts direct effects on the States, on the Program (Program) under which the for use as an iron source shall bear the relationship between the National Federal Government will share the risk following statement: Government and the States, or on the of insured loss from certified acts of distribution of power and WARNING: Accidental overdose or iron- terrorism with commercial property and responsibilities among the various containing products is a leading cause of fatal casualty insurers until the Program ends poisoning in children under 6. Keep this on December 31, 2005. Treasury levels of government. Accordingly, the product out of reach of children. In case of agency has concluded that this final rule accidental overdose, call a doctor or poison published a proposed rule with a does not contain policies that have control center immediately. request for comment on April 18, 2003. federalism implications as defined in (2)(i) The warning statement required This rule is issued pursuant to section the Executive order and, consequently, by paragraph (a)(1) of this section shall 103(d)(1) of the Act, which directs a federalism summary impact statement appear prominently and conspicuously Treasury to issue regulations that apply is not required. on the information panel of the the provisions of the Act specifically to State residual market insurance entities VII. Paperwork Reduction Act of 1995 immediate container label. (ii) If a drug product is packaged in and State workers’ compensation funds. This final rule contains no collections unit-dose packaging, and if the This rule is the third final rule in a of information. Therefore, clearance by immediate container bears labeling but series of regulations that Treasury is OMB under the Paperwork Reduction not a label, the warning statement issuing to implement the Program. Act of 1995 is not required. required by paragraph (a)(1) of this DATES: This final rule is effective List of Subjects section shall appear prominently and October 17, 2003. conspicuously on the immediate FOR FURTHER INFORMATION CONTACT: 21 CFR Part 111 container labeling in a way that Mario Ugoletti, Deputy Director, Office Dietary foods, Drugs, Foods, maximizes the likelihood that the of Financial Institutions Policy (202) Packaging and containers. warning is intact until all of the dosage 622–2730, or Martha Ellett or Cynthia units to which it applies are used. Reese, Attorney-Advisors, Office of the 21 CFR Part 310 (3) Where the immediate container is Assistant General Counsel (Banking & Administrative practice and not the retail package, the warning Finance), (202) 622–0480, or C. procedure, Drugs, Labeling, Medical statement required by paragraph (a)(1) Christopher Ledoux, Senior Attorney,
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Terrorism Risk Insurance Program (202) The mandatory availability or ‘‘make available requirements through Program 622–6770 (not toll-free numbers). available’’ provisions in section 103(c) Year 3, based on factors referenced in SUPPLEMENTARY INFORMATION: of the Act require that, for Program Year section 108(d)(1) of the Act. Regardless 1 and Program Year 2 and, if so of whether the make available I. Background determined by Treasury, in Program requirements of section 103 are A. Terrorism Risk Insurance Act of 2002 Year 3, all entities that meet the extended, the Program and the Act’s definition of insurer under the Program Federal backstop for insured losses for On November 26, 2002, President must make available in all of their acts of terrorism continue through Bush signed into law the Terrorism Risk property and casualty insurance policies December 31, 2005. Insurance Act of 2002 (Pub. L. 107–297, coverage for insured losses resulting 2. Program Implementation Goals 116 Stat. 2322). The Act was effective from an act of terrorism. This coverage immediately. The Act’s purposes are to can not differ materially from the terms In implementing the Program, address market disruptions, ensure the amounts and other coverage limitations Treasury is guided by several goals. continued widespread availability and arising from events other than acts of First, Treasury strives to implement the affordability of commercial property terrorism. Act in a transparent and effective and casualty insurance for terrorism As conditions for Federal payment manner that treats comparably those risk, and to allow for a transition period under the Program, insurers must insurers required to participate in the for the private markets to stabilize and provide clear and conspicuous Program and provides necessary build capacity while preserving State disclosure to the policyholders of the information to policyholders in a useful insurance regulation and consumer premium charged for insured losses and efficient manner. Second, in accord protections. covered by the Program and the Federal with the Act’s stated purposes, Treasury Title I of the Act establishes a share of compensation for insured losses seeks to rely as much as possible on the temporary Federal program of shared under the Program. In addition, the Act State insurance regulatory structure. In public and private compensation for requires that insurers must submit a that regard, Treasury has coordinated insured commercial property and claim and certain certifications to the implementation of all aspects of the casualty losses resulting from an act of Treasury. Treasury will engage in Program with the National Association terrorism, which as defined in the Act rulemaking to prescribe claims of Insurance Commissioners (NAIC). is certified by the Secretary of the procedures for the Program at a later Third, to the extent possible within Treasury, in concurrence with the date. statutory constraints, Treasury seeks to Secretary of State and the Attorney The Act also contains specific allow insurers to participate in the General. The Act authorizes Treasury to provisions designed to manage litigation Program in a manner consistent with administer and implement the arising from or relating to a certified act procedures used in their normal course of business. Finally, given the Terrorism Risk Insurance Program, of terrorism. Section 107 creates an temporary and transitional nature of the including the issuance of regulations exclusive Federal cause of action, Program, Treasury is guided by the Act’s and procedures. The Program will end provides for claims consolidation in Federal court and contains a prohibition goal for insurers to develop their own on December 31, 2005. on Federal payments for punitive capacity, resources, and mechanisms for Each entity that meets the definition damages under the Program. The Act terrorism insurance coverage when the of ‘‘insurer’’ (well over 2000 firms) must provides the United States with the Program expires. participate in the Program. The amount right of subrogation with respect to any B. The Proposed Rule of Federal payment for an insured loss payment or claim paid by the United resulting from an act of terrorism is to States under the Program. The proposed rule proposed to amend be determined based upon the insurance subpart D of part 50 in title 31 of the company deductibles and excess loss 1. Three Year Program Code of Federal Regulations by adding sharing with the Federal Government, as The duration of the Program is three sections 50.30, 50.33, 50.35, and 50.36. specified by the Act and the years. The Act was signed into law on Subpart A of part 50 addresses the scope implementing regulations. An insurer’s November 26, 2002, and section 108(a) and purpose of the Program, key deductible increases each year of the of the Act provides that, ‘‘[t]he Program definitions and certain general Program, thereby reducing the Federal shall terminate on December 31, 2005.’’ provisions and was finalized and Government’s share prior to expiration Thereafter, the Act provides Treasury published in the Federal Register at 68 of the Program. An insurer’s deductible with certain continuing authority to take FR 41250 (July 11, 2003) (as amended at is calculated based on the value of actions as necessary to ensure payment, 68 FR 48280 (August 13, 2003)). ‘‘direct earned premiums’’ collected recoupment, adjustments of Subparts B and C were established by an over certain statutory periods. Once an compensation and reimbursement for interim final rule published in the insurer has met its individual insured losses arising out of any act of Federal Register at 68 FR 19301 (Apr. deductible, the Federal payments cover terrorism occurring during the period 18, 2003) and were recently finalized. 90 percent of insured losses above the between November 26, 2002, and Subpart B incorporates and clarifies deductible, subject to an industry- December 31, 2005. The duration of the certain conditions for Federal payment aggregate limit of $100 billion. Program and the Program’s termination contained in section 103(b) of the Act The Program provides a Federal date should not be confused with the that require insurers to provide certain reinsurance backstop for three years. make available requirements contained clear and conspicuous disclosures to The Act provides Treasury with in section 103(c) of the Act. As reflected their policyholders with regard to authority to recoup Federal payments in both the interim final and final rules, terrorism risk insurance for insured made under the Program through the make available requirements in losses under the Program. Subpart C policyholder surcharges, up to a section 103(c) of the Act apply to all clarifies requirements in section 103(c) maximum annual limit. The Act also insurers, through the end of Program of the Act that insurers ‘‘make prohibits duplicative payments for Year 2. However, the Secretary of the available,’’ in all of their commercial insured losses that have been covered Treasury may determine, not later than property and casualty insurance under any other Federal program. September 1, 2004, to extend the make policies, coverage for insured losses
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resulting from an act of terrorism as section 50.19, including clarifications, mechanisms that were not included on defined by section 102(1) of the Act. In are discussed in the summary of the list to notify Treasury. Since the this regard, section 103(c) requires comments below. publication of that notice of interim insurers to make such terrorism risk guidance, Treasury has continued to A. Mandatory Participation by Residual coverage available at terms, amounts work with the NAIC to revise the List of Market Mechanisms (Section 50.30) and other coverage limitations that do State Residual Market Mechanisms. not differ materially from those In subpart D of this final rule, Section 50.30(c) of this final rule applicable to losses arising from events Treasury is setting forth regulations explains that Treasury will maintain other than from acts of terrorism. specific to the participation of residual and continue to update this list from Subpart D, as directed by section market mechanisms in the Program. time to time, as necessary. Treasury’s 103(d)(1) of the Act, applies the Section 102(6) of the Act specifically list will be publicly available at provisions of the Act to State residual includes State residual market www.treasury.gov/trip, along with the market insurance entities and State insurance entities and State workers’ procedures for providing comments and workers’ compensation funds. In the compensation funds as insurers that are updates. preamble to the proposed rule, Treasury required to participate in the Program. Treasury, in consultation with the requested comment on application of As we stated in the notice of proposed NAIC, has considered the following the disclosure requirements of the Act rulemaking (published in the Federal characteristics in identifying residual to State residual market insurance Register at 68 FR 19309 on April 18, market mechanisms that should be entities and State workers’ 2003), Treasury considers the Act’s included on Treasury’s list: compensation funds. As part of this terms ‘‘State residual market insurance • Was the mechanism created by a rulemaking, Treasury is amending entities’’ and ‘‘State workers’ state legislature? section 50.19 of subpart B, which was compensation funds’’ to encompass all • Does the mechanism provide previously reserved, to apply the State legislatively-created residual commercial property and casualty disclosure requirements to those market mechanisms that facilitate the insurance to policyholders, either entities. availability of primary and excess directly or through servicing carriers? The various rules reflect earlier commercial property and casualty • Does the mechanism seek to make interim guidance notices, issued by insurance coverage for risks that face available commercial property and Treasury soon after the Act’s enactment difficulties in obtaining such coverage casualty insurance for risks that are date, and designed to assist insurers, from the voluntary market. This ‘‘distressed’’ or ‘‘hard to place’’ in the policyholders, and other interested includes—but is not limited to— voluntary market? parties in complying with immediately residual market mechanisms associated • How does the mechanism share or applicable and time-sensitive with the provision of commercial allocate its profits and losses from its requirements.1 In finalizing this rule, property, commercial liability, workers’ operations? Treasury carefully considered the compensation, and commercial • Does the mechanism meet the comments submitted and consulted automobile coverage. Sections 50.30(a) requirements of § 50.5(f)? and (b) of this final rule, taken together, with the NAIC. 2. State Workers’ Compensation provide that residual market Reinsurance Pools II. Summary of Comments and Final mechanisms are insurers under the Rule Program, even if they do not receive Treasury received a comment from Treasury received four comments on direct earned premiums, and thus are the Minnesota Workers’ Compensation the proposed rule. Comments were mandatory participants in the Program. Reinsurance Association (‘‘WCRA’’), a submitted by a group of insurance trade State workers’’ compensation associations, the Ohio Bureau of 1. List of Residual Market Mechanisms reinsurance pool, that requested the Workers’ Compensation, and a State In its second notice of interim Secretary exercise his discretion under residual market insurance entity. After guidance (67 FR 78864), Treasury first section 103(f) of the Act (which review and careful consideration of published a list of entities that Treasury, mentions State workers’ compensation these comments, as well as additional in consultation with the NAIC, reinsurance pools) and include such research and consultation with the identified as residual market pools in the Program. Treasury is not NAIC, Treasury is now promulgating a mechanisms required to participate in making a section 103(f) determination at final rule applying the Act to State the Program and that provide this time. However, looking beyond the residual market insurance entities and commercial property and casualty commenter’s name to its function, State workers’ compensation funds insurance, as defined by the Act and Treasury has determined that the (referred to collectively as ‘‘residual regulations. The list is not exclusive. A commenter fits within the residual market mechanisms’’ where residual market mechanism should not market mechanism category under appropriate). Treasury has made no assume that because it is not listed on section 103(d) of the Act, as explained changes to the proposed rule. Treasury Treasury’s List of State Residual Market below. is, however, adding specific disclosure Mechanisms it is not required to The WCRA is a State-mandated provisions by amending section 50.19. participate in the Program. All State reinsurance pool from which workers’ The final rule and amendment to residual market insurance entities and compensation insurers are required by State workers’ compensation funds are State law to purchase excess 1 These interim guidance notices were published insurers that must participate in the reinsurance. WCRA also provides in the Federal Register at 67 FR 76206 (Dec. 11, Program. See sections 50.5(f)(1)(D) and workers’ compensation insurance 2002); 67 FR 78864 (Dec. 26, 2002) and at 68 FR 4544 (Jan. 29, 2003). Treasury also issued a fourth 50.4. Treasury’s list was merely directly to self-insured employers. interim guidance at 68 FR 15039 (Mar. 27, 2003), intended to provide guidance and While section 102(12)(vii) of the Act which has subsequently been superceded by a new certainty to those entities on the list as expressly excludes reinsurance from the provision in the final rule for Subpart A, published well as to foster transparency in the definition of property and casualty at 68 FR 41250 (July 11, 2003). The interim guidance and all regulations can also be located on Program. insurance covered by the Program, Treasury’s Terrorism Risk Insurance Program Web In the notice of interim guidance, Treasury believes that an insurance site at www.treasury.gov/trip. Treasury encouraged residual market arrangement between a self-insured and
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an insurer, or a pool of insurers, is more and losses with private sector insurers insurance currently included in the like direct primary or excess property shall not be treated as a separate insurer, Program. and casualty insurance versus and shall report to each private sector D. Disclosure Requirements (Section traditional reinsurance (i.e., an insurer insurance participant its share of the 50.19) reinsuring another insurer). insured losses of the entity, which shall After consulting with the NAIC and be included in each private sector Subpart B of 31 CFR part 50 sets forth considering the characteristics insurer’s insured losses.’’ Section regulations that address, inter alia, the described above, Treasury considers 103(d)(3) of the Act provides that ‘‘any clear and conspicuous disclosures that WCRA to be similar to a residual market insurer that participates in sharing all insurers are required by the Act to mechanism. WCRA is a legislatively- profits and losses of a State residual provide to policyholders. Section 50.19 established risk pool that issues market insurance entity shall include in of subpart B, entitled Disclosure by insurance directly to policyholders, its calculations or premiums any State residual market insurance entities which risks are hard to place in the premiums distributed to the insurer by and State workers’ compensation funds, voluntary insurance market. WCRA also the State residual market insurance had been reserved pending this has a procedure through which it shares entity.’’ Residual market insurance rulemaking. This final rule amends or allocates its profits and losses with mechanisms functioning in this manner 50.19 to address how residual market private sector insurers. Therefore, for are thus treated as risk apportioning mechanisms are to comply with the these reasons, Treasury has added entities and not risk bearing entities. Act’s disclosure requirements. WCRA to its List of State Residual Proposed section 50.35 reflected this Section 102(6) of the Act specifically Market Mechanisms and its treatment and also provided that these includes residual market mechanisms as participation in the Program is entities should continue to report, in insurers that are required to participate in the Program. As a condition for confirmed. If any other State workers’ accordance with normal business Federal payment under the Program, compensation reinsurance pool believes practices, to each participant insurer its section 103(b)(2) of the Act requires that that it shares the characteristics of a share of premium income and insured insurers provide clear and conspicuous residual market mechanism and losses, which is to be included disclosure to policyholders of the believes it should be included on the respectively in the participant insurer’s premium charged for insured losses list, under section 50.9, the reinsurance direct earned premium and insured loss covered by the Program and the Federal pool should submit a request for an calculations. Treasury received a share of compensation under the interpretation of the application of these comment from a group of trade Program. Section 103(d) of the Act regulations to its particular associations that supported this circumstance. directed the Secretary of the Treasury to approach. This provision of the issue regulations as soon as practicable B. Allocation of Premium (Sections proposed rule is adopted without that apply the provisions of the Act 50.33 through 50.36) change. (including the disclosure requirements) Section 103(d)(2) of the Act divides Section 50.36 of the proposed rule to residual market mechanisms. residual market mechanisms into two further addressed the calculation of On December 18, 2002, Treasury broad classes for purposes of their direct earned premium based on the issued a second notice of interim treatment as insurers under the allocation of premium income shared guidance (67 FR 78864). In this notice Program: (1) entities that do not share between the residual market mechanism of interim guidance Treasury indicated profits and losses with private sector and its servicing carriers or participant it would temporarily waive the insurance companies; and (2) entities insurers. Favorable comments were disclosure requirements for those that do share profits and losses with received on this provision, which is insurers that: (1) are State residual private sector insurance companies. adopted without change. market insurance entities and State Section 103(d)(2)(A) provides that ‘‘a workers’ compensation funds; and (2) State residual market insurance entity C. Other Issues have insufficient information to issue that does not share its profits and losses State Residual Market Mechanisms and the disclosures, until Treasury issued with private sector insurers shall be Natural Disaster Insurance regulations as required under section treated as a separate insurer.’’ For State 103(d) to apply the provisions of the Act residual market insurance entities that Treasury received a comment from a to these entities. Thus, the waiver fall under section 103(d)(2)(A) of the residual market mechanism that issues provided a safe harbor pending the Act or for State workers’ compensation commercial policies that provide issuance of this final rule. We expected funds, section 50.33 of the final rule coverage only for the peril of wind. The residual market mechanisms to have provides that these mechanisms follow commenter requested that Treasury provided the disclosures if they the regulations set forth in sections modify section 50.5(l) of the regulations possessed sufficient information to do § 50.5(d)(1) or § 50.5(d)(2) for the to exclude commercial single peril wind so. purposes of calculating the appropriate insurance from the provisions of the In the preamble to the proposed rule, measure of direct earned premium. Act. The commenter analogized single Treasury stated that it was still Residual market mechanisms peril wind insurance to that of flood evaluating the applicability of the functioning in this manner are thus insurance and earthquake insurance, disclosure requirements to certain treated as risk bearers in the same which are not included in the Program. insurers in this category and asked for manner as private sector insurers. See section 50.5(l)(1). Upon public comment. Treasury received two Treasury received a comment from a consideration of the comment, Treasury comments on this issue. One comment group of trade associations that is not revising section 50.5(l). However, deferred the issue to Treasury. Another endorsed this approach. These as stated in the preamble to the final commenter requested that Treasury provisions of the proposed rule are rule published July 11, 2003, Treasury exempt State workers’ compensation adopted without change. may later request comment on the funds from the disclosure requirements. Section 103(d)(2)(B) of the Act exclusion from the Program definition The commenter argued that the burden provides that ‘‘a State residual market of commercial property and casualty and cost associated with providing the insurance entity that shares its profits insurance single-peril natural disaster disclosures outweighs the goals of such
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notice, especially where the fund does mechanism, the individual insurers that The Act itself requires all licensed or not charge additional premium for participate in the residual market, or the admitted insurers to participate in the insured losses. servicing carriers (depending on their Program. This includes all insurers Section 103(b) of the Act requires that normal business practices), the ultimate regardless of size or sophistication. insurers make certain disclosures to responsibility for ensuring that the Although insurers that participate in policyholders as a condition for federal disclosure requirements have been met sharing profits and losses of a State payment under the Act. Section 50.10 of rests with the insurer that will be filing residual market insurance entity or State the regulations states, in part, that an any claim. In accordance with other workers’ compensation fund may insurer must provide clear and requirements of subpart B, disclosure include small entities, the proposed rule conspicuous disclosure to the must be clear and conspicuous, made on is based on existing business practices policyholder of: (1) the premium a separate line item in the policy at the of residual market entities in charged for insured losses covered by time of offer, purchase, and renewal of determining the impact on participating the Program; and (2) the Federal share the policy. insurers. The Act also defines property of compensation for insured losses and casualty insurance to mean III. Procedural Requirements under the Program. Congress required commercial lines without any reference this disclosure in order ‘‘to enhance the The Act established a Program to to the size or scope of the commercial competitiveness of the marketplace by provide for loss sharing payments by the entity. Accordingly, any economic better enabling consumers to Federal Government for insured losses impact associated with the proposed comparison shop for terrorism resulting from certified acts of terrorism. rule flows from the Act and not the insurance coverage, and to make The Act became effective immediately proposed rule. However, the Act and the policyholders better aware that the upon the date of enactment (November Program are intended to provide Federal government will be sharing the 26, 2002). Preemptions of terrorism risk benefits to the U.S. economy and all costs of such coverage with insurers exclusions in policies, mandatory businesses, including small businesses, thereby reducing the insurers’ participation provisions, disclosure and by providing a Federal reinsurance exposure.’’ H.R. Conf. Rep. No. 107–779, other requirements and conditions for backstop to commercial property and at 24 (2002). Federal payment contained in the Act casualty insurance policyholders and After consideration of the comment applied immediately to those entities spreading the risk of insured loss and the relevant provisions of the Act, that come within the Act’s definition of resulting from an act of terrorism. and following consultation with NAIC ‘‘insurer.’’ Accordingly, a regulatory flexibility and additional study of the issue, This rule amends subpart D to part 50 analysis is not required. Treasury is applying disclosure in title 31 that addresses how the provisions to residual market List of Subjects in 31 CFR Part 50 Program applies to State residual market mechanisms that have not yet issued insurance entities and State workers’ Terrorism risk insurance. disclosures to policyholders. Thus, compensation funds. This rule also Treasury is issuing regulations relating Authority and Issuance amends section 50.19 of subpart B. This to the disclosures required of State rule is intended to respond to section residual market insurance entities and ■ For the reasons set forth above, 31 CFR 103(d)(1) of the Act, which directs State workers’ compensation funds by part 50 is amended as follows: Treasury to issue regulations that apply amending section 50.19 of subpart B in the provisions of the Act to State this final rule. These regulations PART 50—TERRORISM RISK supercede the earlier interim guidance residual market insurance entities and INSURANCE PROGRAM referenced above and the safe-harbor State workers’ compensation funds. Given the importance of applying ■ 1. The authority citation for part 50 provided in that guidance will no longer continues to read as follows: be available to these insurers. regulations to State residual market Section 50.19 generally follows the insurance entities and State workers’ Authority: 5 U.S.C. 301; 31 U.S.C. 321; regulations applicable to all other compensation funds, there is an urgent Title I, Pub. L. 107–297, 116 Stat. 2322 (15 insurers. In order to provide residual need to issue immediately effective U.S.C 6701 note). market insurance mechanisms with regulations. ■ 2. Section 50.19 of subpart B is revised sufficient time to come into compliance Accordingly, pursuant to 5 U.S.C. to read as follows: (if they are not already), section 50.19 553(d)(3), Treasury has determined that provides a 90-day safe harbor. For there is good cause for the final rule to § 50.19 1General disclosure requirements policies in force on October 17, 2003, or become effective immediately upon for State residual market insurance entities issued or renewed on or before January publication. and State worker’s compensation funds. 15, 2004, the disclosure is required by This final rule is a significant (a) Policies in force on October 17, the Act but the condition for Federal regulatory action and has been reviewed 2003, or renewed or issued on or before payment is waived with regard to those by the Office of Management and January 15, 2004. For policies in force policies until January 15, 2004. In Budget under the terms of Executive on October 17, 2003, or renewed or section 50.12(c), Treasury has provided Order 12866. issued on or before January 15, 2004, the that ‘‘an insurer may provide disclosure Pursuant to the Regulatory Flexibility disclosure required by section 103(b) of using normal business practices, Act (5 U.S.C. chapter 6), it is hereby the Act as a condition for Federal including forms and methods of certified that this proposed rule will not payment is waived for those State communication used to communicate have a significant economic impact on residual market insurance entities and similar policyholder information to a substantial number of small entities. State workers’ compensation funds that policyholders.’’ Section 50.19(b) The Act itself requires State residual since November 26, 2002, have not extends this rule to State residual market insurance entities and State provided disclosures to policyholders, market insurance entities and State workers’ compensation funds to until January 15, 2004, after which workers’ compensation funds and participate in the Program, and these disclosures are to be made to clarifies that while disclosures may be entities or funds are generally not small policyholders for policies then in force made by the residual market entities. and subsequently issued.
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(b) Residual Market Mechanism (b) Premium calculation. A State Dated: October 1, 2003. Disclosure. A State residual market residual market insurance entity or a Wayne A. Abernathy, insurance entity or State workers’ State workers’ compensation fund that Assistant Secretary of the Treasury. compensation fund may provide the is deemed to be a separate insurer [FR Doc. 03–26250 Filed 10–16–03; 8:45 am] disclosures required by this subpart B to should follow the guidelines specified BILLING CODE 4811–15–P policyholders using normal business in § 50.5(d)(1) or 50.5(d)(2) for the practices, including forms and methods purposes of calculating the appropriate of communication used to communicate measure of direct earned premium. DEPARTMENT OF THE TREASURY similar policyholder information to policyholders. The disclosures may be § 50.35 Entities that share profits and 31 CFR Part 50 losses with private sector insurers. made by the State residual market RIN 1505–AA98 insurance entity or State workers’ (a) Treatment. A State residual market compensation fund itself, the individual insurance entity or a State workers’ Terrorism Risk Insurance Program; insurers that participate in the State compensation fund that shares profits Disclosures and Mandatory Availability residual market insurance entity or a and losses with a private sector insurer Requirements State workers’ compensation fund, or its is not deemed to be a separate insurer servicing carriers. The ultimate AGENCY: Departmental Offices, Treasury. under the Program. responsibility for ensuring that the ACTION: Final rule. disclosure requirements have been met (b) Premium and loss calculation. A SUMMARY: The Department of the rests with the insurer filing a claim State residual market insurance entity or Treasury (Treasury) is issuing this final under the Program. a State workers’ compensation fund that rule concerning disclosures and (c) Other requirements. Except as is not deemed to be a separate insurer mandatory availability requirements as provided in this section, all other should continue to report, in accordance part of its implementation of Title I of disclosure requirements set out in this with normal business practices, to each the Terrorism Risk Insurance Act of subpart B apply to State residual participant insurer its share of premium 2002 (Act). The final rule incorporates insurance market entities and State income and insured losses, which shall and clarifies conditions for federal workers’ compensation funds. then be included respectively in the (d) Prior safe harbor superseded. This payment, set forth in section 103(b) of participant insurer’s direct earned the Act, that require insurers to make section supersedes the disclosure safe premium or insured loss calculations. harbor provisions found at paragraph certain disclosures to policyholders. It C.4 of the Interim Guidance issued by § 50.36 Allocation of premium income also incorporates and clarifies the Treasury in a notice published on associated with entities that do share section 103(c) requirements that December 18, 2002, and published at 67 profits and losses with private sector insurers ‘‘make available’’ in their FR 78864 (December 26, 2002). insurers. commercial property and casualty policies terrorism risk insurance ■ 3. Subpart D of part 50 is amended by (a) Servicing Carriers. For purposes of coverage for insured losses resulting adding §§ 50.30, 50.33, 50.35, and 50.36 this Subpart, a servicing carrier is an from certified acts of terrorism under to read as follows: insurer that enters into an agreement to the Act. Treasury issued an interim final § 50.30 General participation place and service insurance contracts rule and proposed rule with request for requirements. for a State residual market insurance comment. This final rule, which is the (a) Insurers. As defined in § 50.5(f), all entity or a State workers’ compensation second in a series of regulations that State residual market insurance entities fund and to cede premiums associated Treasury is issuing to implement the and State workers’ compensation funds with such insurance contracts to the Program, adopts the interim final rule are insurers under the Program even if State residual market insurance entity or with several modifications as discussed such entities do not receive direct State workers’ compensation fund. below. earned premiums. Premiums written by a servicing carrier DATES: This final rule is effective (b) Mandatory Participation. State on behalf of a State residual market October 17, 2003. residual market insurance entities and insurance entity or State workers’ FOR FURTHER INFORMATION CONTACT: State workers’ compensation funds that compensation fund that are ceded to Mario Ugoletti, Deputy Director, Office meet the requirements of § 50.5(f) are such an entity or fund shall not be of Financial Institutions Policy (202) mandatory participants in the Program included as direct earned premium (as 622–2730, or Martha Ellett or Cynthia subject to the rules issued in this described in § 50.5(d)(1) or 50.5(d)(2)) of Reese, Attorney-Advisors, Office of the Subpart. the servicing carrier. Assistant General Counsel (Banking & (c) Identification. Treasury will (b) Participant Insurers. For purposes Finance), (202) 622–0480, or C. release and maintain a list of State of this Subpart, a participant insurer is Christopher Ledoux, Senior Attorney, residual market insurance entities and an insurer that shares in the profits and Terrorism Risk Insurance Program (202) State workers’ compensation funds at losses of a State residual market 622–6770 (not toll-free numbers). www.treasury.gov/trip. Procedures for insurance entity or a State workers’ SUPPLEMENTARY INFORMATION: providing comments and updates to that compensation fund. Premium income list will be posted with the list. I. Background that is distributed to or assumed by § 50.33 Entities that do not share profits participant insurers in a State residual A. Terrorism Risk Insurance Act of 2002 and losses with private sector insurers. market insurance entity or State On November 26, 2002, President (a) Treatment. A State residual market workers’ compensation fund (whether Bush signed into law the Terrorism Risk insurance entity or a State workers’ directly or as quota share insurers of Insurance Act of 2002 (Pub. L. 107–297, compensation fund that does not share risks written by servicing carriers), shall 116 Stat. 2322). The Act was effective profits and losses with a private sector be included in direct earned premium immediately. The Act’s purposes are to insurer is deemed to be a separate (as described in § 50.5(d)(1) or address market disruptions, ensure the insurer under the Program. 50.5(d)(2)) of the participant insurer. continued widespread availability and
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affordability of commercial property losses arising from events other than 2. Program Implementation Goals and casualty insurance for terrorism acts of terrorism. risk, and to allow for a transition period In implementing the Program, As conditions for federal payment Treasury is guided by several goals. for the private markets to stabilize and under the Program, clear and build capacity while preserving State First, Treasury strives to implement the conspicuous disclosures must be Act in a transparent and effective insurance regulation and consumer provided by insurers to the protections. manner that treats comparably those policyholders of the premium charged insurers required to participate in the Title I of the Act establishes a for insured losses covered by the temporary federal program of shared Program and provides necessary Program and the federal share of public and private compensation for information to policyholders. Second, in compensation for insured losses under insured commercial property and accord with the Act’s stated purposes, the Program. In addition, the Act casualty losses resulting from an act of Treasury seeks to rely as much as requires that insurers submit a claim to terrorism which, as defined by the Act, possible on the State insurance Treasury for federal payment as well as is certified by the Secretary of the regulatory structure. In that regard, Treasury, in concurrence with the certain certifications. Treasury will Treasury has closely coordinated its Secretary of State and the Attorney engage in rulemaking to prescribe implementation of all aspects of the General. The Act authorizes Treasury to claims procedures for the Program at a Program with the National Association administer and implement the later date. of Insurance Commissioners (NAIC). Terrorism Risk Insurance Program, The Act also contains provisions Third, to the extent possible within including the issuance of regulations designed to manage litigation arising statutory constraints, Treasury seeks to and procedures. The Program will end from or relating to a certified act of allow insurers to participate in the on December 31, 2005. terrorism. Section 107 of the Act creates Program in a manner consistent with Each entity that meets the Act’s an exclusive federal cause of action, procedures used in their normal course definition of ‘‘insurer’’ (well over 2000 provides for claims consolidation in of business. Finally, given the firms) must participate in the Program. federal court, and contains a prohibition temporary and transitional nature of the The amount of federal payment for an on federal payments for punitive Program, Treasury is guided by the Act’s insured loss resulting from an act of damages under the Program. The Act goal for insurers to develop their own terrorism is to be determined, based provides the United States with the capacity, resources, and mechanisms for upon the insurance company right of subrogation with respect to any terrorism insurance coverage when the deductibles and excess loss sharing with payment or claim paid by the United Program expires on December 31, 2005. the Federal Government, as specified by States under the Program. B. The Interim Final Rule the Act and the implementing regulations. An insurer’s deductible 1. Three Year Program The interim final rule was published increases each year of the Program, The duration of the Program is three in the Federal Register at 68 FR 19302 thereby reducing the Federal years. The Act was signed into law on (April 18, 2003). It added sections 50.10 Government’s involvement prior to November 26, 2002 and section 108(a) through 50.14 and 50.17 through 50.19 expiration of the Program. An insurer’s of the Act provides that, ‘‘[t]he Program to Subpart B, and sections 50.20, 50.21, deductible is calculated based on the shall terminate on December 31, 2005.’’ 50.23, and 50.24 to Subpart C of Part 50 value of ‘‘direct earned premiums’’ Thereafter, the Act provides Treasury in Title 31, Code of Federal Regulations. collected over certain statutory periods. Subpart A of Part 50, which addresses with certain continuing authority to take Once an insurer has met its individual the scope and purpose of the Program, actions as necessary to ensure payment, deductible, the federal payments cover key definitions and certain general recoupment, adjustments of 90 percent of the insured losses above provisions, was finalized and published compensation and reimbursement for the deductible, subject to an industry- in the Federal Register at 68 FR 41250 insured losses arising out of any act of aggregate limit of $100 billion. (July 11, 2003) and subsequently revised The Program provides a federal terrorism occurring during the period at 68 FR 48280 (August 13, 2003). reinsurance backstop for three years. between November 26, 2002 and Subpart B incorporates and clarifies The Act gives Treasury authority to December 31, 2005. The duration of the certain conditions for federal payment recoup federal payments made under Program and the Program’s termination contained in section 103(b) of the Act the Program through policyholder date should not be confused with the that require insurers to make certain surcharges, up to a maximum annual make available requirements contained clear and conspicuous disclosures to limit. The Act also prohibits duplicative in section 103(c). As reflected in both their policyholders with regard to federal payments for insured losses that the interim final and final rules, the terrorism risk insurance for insured have been covered under any other make available requirements in section losses under the Program. Subpart C federal program. 103(c) of the Act apply to all insurers, incorporates and clarifies requirements The mandatory availability or ‘‘make through the end of Program Year 2. in section 103(c) of the Act that insurers available’’ provisions in section 103(c) However, the Secretary of the Treasury ‘‘make available,’’ in all of their of the Act require that, for Program Year may determine, not later than commercial property and casualty 1 and Program Year 2 and, if so September 1, 2004, to extend the make insurance policies, coverage for insured determined by Treasury, in Program available requirements through Program losses resulting from an act of terrorism Year 3, all entities that meet the Act’s Year 3, based on factors referenced in as defined by section 102(1) of the Act. definition of insurer must make section 108(d)(1) of the Act. Regardless In this regard, section 103(c) requires available, in all of their property and of whether the make available insurers to make such terrorism risk casualty insurance policies, coverage for requirements of section 103 are coverage available at terms, amounts, insured losses resulting from an act of extended, the Program and the Act’s and other coverage limitations that do terrorism. This coverage can not differ federal backstop for insured losses for not differ materially from those materially from the terms, amounts, and acts of terrorism continue through applicable to losses arising from events other coverage limitations applicable to December 31, 2005. other than from acts of terrorism.
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This final rule (and the preceding sought to enhance competition and the costs of such coverage with insurers interim final rule) reflect earlier interim comparison shopping in the purchase of thereby reducing the insurers’ guidance, issued by Treasury in notices terrorism risk insurance and to increase exposure.’’ H.R. Conf. Rep. No. 107–779, that were published soon after the Act’s awareness of the federal contribution to at 24 (2002). Neither the language in enactment date, and were designed to the Program. section 103(b) of the Act, nor the assist insurers, policyholders and other One commenter, a mortgage banking congressional intent of these disclosures interested parties in complying with trade association, urged Treasury to as explained in the Conference Report, immediately applicable and time- revise the interim final rule to requires that these disclosures be made sensitive requirements.1 In finalizing specifically require insurers to notify to mortgage finance providers or other the interim final rule, Treasury carefully lenders, securitizers, and servicers of entities that are not policyholders. considered the comments submitted and commercial mortgages (collectively Similarly, there is no third party consulted with the NAIC. referred to in this preamble as mortgage notification requirement in the Act finance providers) of the terrorism concerning whether a policyholder has, II. Summary of Comments and Final coverage options offered under the Act. or has not, elected to purchase terrorism Rule The commenter also requested that the risk insurance coverage. The stated Treasury received 12 comments on interim final rule be changed to require legislative intent of the disclosures is to the interim final rule. Comments were insurers to provide notice to these enhance comparison shopping and submitted by individual insurance mortgage finance providers of their Program awareness by policyholders. companies and their legal counsel, by borrowers’ acceptance or rejection of the For purposes of the Program, insurance and mortgage banker industry terrorism risk insurance coverage made policyholder refers to the ‘‘person’’ to trade associations, by a coalition of available by the insurer. In support of whom the insurer issues a commercial trade and professional associations and these suggested revisions, the property and casualty insurance policy by the American Academy of Actuaries. commenter stated that mortgage finance and who has apparent authority to After review and careful consideration providers are having difficulty negotiate, determine or modify the of these comments, as well as additional determining ‘‘whether most of the terms of the insurance contract. In this research and consultation with the properties in their portfolios carry regard, the Act and Treasury’s NAIC, Treasury is now promulgating a adequate terrorism risk insurance as regulations require insurers to disclose final rule concerning the Act’s required by loan documents.’’ The information about the premium and the disclosure and make available commenter also asserts that the absence federal share of compensation to requirements. The final rule makes few of these suggested extensions to the policyholders at the time of offer, changes to the interim final rule. current regulatory disclosure purchase, and renewal. Clarifications were made in several requirements produces inefficiencies in In its comment, the association also areas based on comments received. the commercial real estate and capital expressed a concern that, ‘‘under notice These clarifications are discussed in the markets, including information gaps provisions to the mortgagee contained summary of comments below. that may have an adverse effect on in existing insurance policies, a partial economic growth and on the condition cancellation of coverage for terrorism (as A. Disclosures of key financial institutions. opposed to a cancellation of the entire 1. General Disclosure Requirements In a careful evaluation of whether the policy) may be deemed by the insurers (Section 50.10) suggested revisions to the interim final as an endorsement of the policy that rule were appropriate, Treasury first does not require the insurer to send Section 103(b) of the Act requires reviewed the scope of the disclosure notice to the mortgage lender.’’ Thus, insurers to make certain disclosures to provisions of section 103(b) of the Act the commenter is concerned that policyholders as a condition for federal and then considered the legislative mortgage finance providers may not be payment under the Act. The general history concerning those disclosure notified if there is a subsequent change disclosure requirements of section 50.10 requirements. Treasury also considered in the policy with regard to terrorism of the interim final rule incorporate the whether there were alternative ways in risk insurance. However, the commenter Act’s requirements. This section of the which these mortgage finance providers also acknowledges that the failure of final rule is unchanged from the interim may obtain the insurance coverage mortgage finance providers to obtain final rule. Section 50.10 states, in part, information they seek from their such notice appears to be due to the that an insurer must provide clear and borrowers. Treasury consulted with the drafting of notice provisions in policies. conspicuous disclosure to the NAIC concerning definitions in various Treasury considered whether there policyholder of: (1) The premium state laws and typical industry business were other, perhaps more appropriate charged for insured losses covered by practices and standards. For the reasons ways, in which mortgage finance the Program; and (2) the federal share of discussed below, Treasury is not providers could obtain the information compensation for insured losses under extending the disclosure requirement in they seek from their borrowers instead the Program. As discussed below, the the interim final rule as suggested by the of through the expansion of the disclosure provisions are a condition for commenter. statutory disclosure requirements under federal payment under the Act and a Section 103(b) requires that clear and this temporary Program. Treasury mechanism through which Congress conspicuous disclosure of certain understands that mortgage finance information be provided by insurers to providers generally may obtain the 1 These interim guidance notices were published ‘‘policyholders.’’ The Conference Report information about the status of a in the Federal Register at 67 FR 76206 (Dec. 11, to the Act states that Congress required borrower’s coverage for terrorism risks 2002); 67 FR 78864 (Dec. 26, 2002) and at 68 FR 4544 (Jan. 29, 2003). Treasury also issued a fourth the disclosures in section 103(b) in (whether the losses are those covered by interim guidance at 68 FR 15039 (Mar. 27, 2003), order, ‘‘to enhance the competitiveness the Program or broader in scope) which has subsequently been superceded by a new of the marketplace by better enabling through their underwriting provision in the final rule for Subpart A, published consumers to comparison shop for requirements and/or by contract. For at 68 FR 41250 (July 11, 2003). The interim guidance and all regulations can also be located on terrorism insurance coverage, and to example, loan documents generally Treasury’s Terrorism Risk Insurance Program Web make policyholders better aware that require that borrowers provide site at http://www.treasury.gov/trip. the Federal government will be sharing appropriate insurance coverage
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information to their mortgage finance certain NAIC model forms to be an Section 50.12(d) of the interim final providers, including information on acceptable, nonexclusive way in which rule provides further guidance on the terrorism risk insurance coverage. In its an insurer could satisfy the disclosure use of an agent to provide the required comment, the association acknowledged requirement. (These model forms are disclosures to policyholders. The this, but stated that these requirements available at the Program’s Web site: interim final rule refers to an insurance are frequently ignored by borrowers and http://www.treasury.gov/trip). Treasury broker or other intermediary acting as costly to enforce. In Treasury’s view, the stated that insurers could modify the agent for the insurer, if the insurer issue appears to be one of contract NAIC model forms to meet individual normally communicates with a negotiation, monitoring and circumstances, or use other forms, as policyholder in this fashion. An enforcement by the parties rather than long as the modifications met the insurance industry association of regulation under the Program. statutory standards. This interim commenter suggested that, in view of In this regard, we also understand that guidance was incorporated into the the diverse treatment of the legal status ACORD, an independent, nonprofit interim final rule and is now in the final of insurance brokers under the laws of insurance group comprised of insurance rule, which also provides a safe harbor the various States, unnecessary company, reinsurance company and (see section 50.17). Insurers may confusion may result from the use of financial service institution affiliated continue to use certain NAIC model terms such as ‘‘agent’’ and ‘‘broker’’ members that assists in the cooperative forms if appropriate or they may with varying implications in different development and implementation of develop other disclosure forms that jurisdictions. The commenter suggested insurance (and related financial meet the requirements of the Act and that the final rule instead use the term services) standards, has agreed to work the regulations. Treasury received one ‘‘producer.’’ Treasury agrees with this with mortgage finance providers to comment on section 50.12(a) of the suggestion, but emphasizes that if the revise standard insurance certificates. interim final rule, which was supportive insurer elects to make the required The goal of this market driven effort is of Treasury’s approach. Section 50.12(a) disclosure through a producer or other to better facilitate access by the of the interim final rule is adopted intermediary, regardless of on whose mortgage finance providers to the without change. behalf the producer or other insurance coverage information Section 50.12(b) of the interim final intermediary is acting, the insurer concerning terrorism risk insurance and rule provides that, in describing the remains responsible for ensuring that other types of insurance coverage. premium charged for insured losses the disclosures are provided by the Based on our review of section 103(b) covered by the Program, an insurer may producer or other intermediary to and of the legislative intent of the refer to it as a portion or percentage of policyholders in accordance with the disclosure requirements as described in an annual premium, if consistent with Act. Accordingly, Treasury is modifying the Conference Report, and our normal business practice; but, may not section 50.12(d) consistent with this understanding of industry practice and describe this premium in a manner that comment. ongoing initiatives, as indicated by the Section 50.12(e) of the interim final would be misleading in the context of commenter and in consultations with rule provides generally that an insurer the Program, such as by characterizing NAIC, Treasury is not expanding the may demonstrate that it has satisfied the it as a ‘‘surcharge.’’ It is inappropriate reach of the disclosure to policyholder requirement to provide clear and and misleading to use the term requirements set forth in the interim conspicuous disclosure through use of ‘‘surcharge’’ in the disclosures because final rule. appropriate systems and normal surcharge is a term used in section business practices that demonstrate a 2. Clear and Conspicuous Disclosure 103(e)(8) of the Act in connection with (Section 50.12) practice of compliance. Although no the statutorily required recoupment. comments explicitly addressed this As stated above, section 50.10 reflects Treasury received two comments on provision, the comments generally the requirement in section 103(b) of the this provision. One commenter, an supported the overall approach in Act that the insurer must provide ‘‘clear association of insurance brokers and section 50.12. Section 50.12(e) is and conspicuous disclosure’’ to the agents, strongly supported Treasury’s adopted without change. policyholder of the premium charged position. This commenter believed the Section 50.12(f) of the interim final and the federal share of payments for use of the term ‘‘surcharge’’ in rule provides that an insurer must insured losses under the Program. disclosing the premium, ‘‘threatened certify that it has complied with the Section 50.12 of the interim final rule both to undermine the ability of requirement to provide disclosure to the addresses the meaning of ‘‘clear and consumers to properly evaluate their policyholder on all policies that form conspicuous’’ disclosure for purposes of coverage needs and to call into question the basis for the underlying claim(s) the Program. Except as noted below the legitimacy of the Program.’’ An submitted by the insurer for federal with respect to section 50.12(d), this insurance industry association payment under the Program. One final rule adopts interim section 50.12 commented that the group had ‘‘no commenter believed the language of without change. objection’’ to this section in the interim section 50.12(f) itself was clear, but Section 50.12(a) of the interim final final rule. Section 50.12(b) of the stated that the corresponding discussion rule provides that whether a disclosure interim final rule is adopted without in the preamble to the interim final rule is clear and conspicuous depends on the change. was not as clear and requested further totality of the facts and circumstances. Section 50.12(c) of the interim final clarification in the final rule. Consistent with the Program rule allows insurers to make the This final rule adopts section 50.12(f) implementation goals, the interim final required disclosures using normal of the interim final rule without change. rule does not specify an exclusive form business practices, including forms and Section 50.12(f) requires that, on all or means of satisfying the statutory methods of communication used to policies that form the basis for any disclosure requirements, nor does it communicate similar policyholder claim that the insurer submits for prescribe precise language, typeface, or information to policyholders. The federal payment for insured losses font for the disclosures. In interim comments generally supported this under the Program, an insurer must guidance issued by Treasury soon after approach, which is adopted without certify that it has complied with enactment of the Act, Treasury deemed change. requirements to make disclosures to
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those policyholders covered by the recoupment. The insurer’s calculation of documents could be used. This policies. These insured losses are used insured losses under the Program for commenter contended this would make in determining whether an insurer has purposes of meeting its insurer it clear that compliance is not met its insurer deductible under the deductible would include only those dependent on the name or title of the Program. If an insurer chooses not to losses on the construction bonds. document, but rather on the fact that provide disclosures on a block of Section 50.12(f) relates to other such disclosure document is made part policies covered by the Program, the aspects of the Program in the following of the policy. Treasury agrees and is insurer will not receive federal payment ways. First, regardless of whether an amending section 50.14(c) accordingly. for any claims it may submit to Treasury insurer intends to submit a claim for B. Mandatory Availability for insured losses covered by such federal payment, all insurers must policies because the required comply with the make available 1. General Mandatory Availability disclosures—a condition for federal requirements of section 103(c) of the Act Requirements (Sections 50.20 and payment—were not made. The insurer and in the regulations. Second, in 50.21) calculating its direct earned premium could submit a claim for federal Sections 103(c)(1)(A) and (B) of the payment under the Program on another and insurer deductible under the Program, an insurer must include Act require an insurer (as defined by the block of policies, as long as the insurer Act and the implementing regulations) made the required disclosures to those premium income from all policies for commercial property and casualty to make available, in all of its property policyholders, and otherwise met all and casualty insurance policies, other conditions for payment of those insurance for losses occurring at certain locations (see section 50.5(d)), whether coverage for insured losses; and to make insured losses. Treasury will initiate a available property and casualty future rulemaking concerning claims or not the insurer made the required disclosures. Third, an insurer may insurance coverage for insured losses and certification procedures for that does not differ materially from the purposes of the Program. submit a claim for federal payment only for those ‘‘insured losses’’ on policies on terms, amounts, and other coverage The following example provides which the insurer made required limitations applicable to losses arising further clarification of section 50.12(f). disclosures to policyholders. Finally, all from events other that acts of terrorism. A surety insurer may satisfy the Act’s commercial property and casualty The make available requirements apply make available requirement by insurance policies are subject to the during the period beginning on the first providing terrorism risk insurance Act’s surcharge provisions, regardless of day of the Transition Period and ending coverage under the Program to a block whether the insurer made the on the last day of Program Year 2 unless of notary public bond policyholders at disclosures. Accordingly, if an insurer the make available requirements are no cost. The surety insurer may decide fails to provide the disclosure notices to extended by the Secretary through not to provide disclosure notices to its policyholders, the insurer will not Program Year 3. The duration and those policyholders because it considers have met conditions for federal payment possible extension of the make available the expense of making the disclosures as and will not be eligible for federal requirements in section 103(c) should being greater than the benefit of payment for insured losses under those not be confused with the established receiving the federal payments under policies. The insurer, however, will three-year duration of the Program as the Program. Therefore, the insurer continue to be subject to the make provided by section 108 of the Act. would be liable for any insured losses available requirements, and the insurer on the notary public bonds, but would 2. Policies in Existence on November and its policyholders will continue to be 26, 2002 not be eligible to receive any federal subject to the surcharge provisions payment under the Program backstop on under the Act and the Program. Section 50.21(a) of the interim final such losses because a condition for rule states, in part, that the make federal payment (making the requisite 3. Separate Line Item (Section 50.14) available requirement of the Act applies disclosures to policyholders) was not Section 50.14 of the interim final rule to insurance policies in existence on met. However, if the insurer provides incorporates interim guidance November 26, 2002 (the date of the required disclosures to previously issued by Treasury that enactment of the Act). One commenter policyholders insured under a separate deems an insurer to be in compliance suggested this provision may not be block of construction bond policies, the with the requirement of providing technically correct. The commenter failure to make disclosures to the notary disclosure on a ‘‘separate line item in reasoned that the make available public bond policyholders would not the policy’’ under section 50.10(d), and requirement applies at the time of initial prevent the insurer from certifying that in compliance with section 103(b)(2)(C) offer of coverage and that for policies in it provided the required disclosure to of the Act, if the insurer makes the existence on November 26, 2002, the policyholders insured under the disclosure: (1) on the declarations page initial offer of coverage had already construction bond policies for which of the policy; (2) elsewhere within the occurred, and, further, that only section the insurer was seeking federal payment policy itself; or (3) in any rider or 105 (voiding of terrorism exclusions) is for insured losses under the Program. endorsement that is made a part of the applicable for policies in existence at The insured losses under the policy. In addition to the clear and the time of enactment. construction bond policies ‘‘form the conspicuous requirement, the Act It is Treasury’s view that the make basis’’ for a claim submitted for federal requires that the separate line item available requirement applies to policies payment; the insured losses under the disclosure be ‘‘in the policy.’’ in existence on November 26, 2002. notary public bonds do not. Regardless Rather than require insurers to rewrite Section 103(c)(1)(A) of the Act mandates of whether disclosures are provided, all of their policies, Treasury has that beginning on the first day of the direct earned premiums on the notary determined that the disclosure is Transition Period (defined in section public bonds would be included in the sufficient if made on the declarations 102(11) as of the date of enactment), an calculation of the insurer deductible for page or within any rider or endorsement insurer shall make available coverage purposes of the Program and such that is made a part of the policy. One for insured losses in all of its property notary public bond policyholders would commenter suggested revising the and casualty insurance policies. Section be subject to any subsequent interim final rule to clarify that other 105 of the Act, in effect, made coverage
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available upon enactment of the Act by the time of initial offer, but also upon excluded. Such umbrella policies are voiding any exclusions within offer of policy renewal. within the definition of ‘‘commercial insurance policies that were in It is Treasury’s view that an insurer property and casualty insurance.’’ If the existence on November 26, 2002. need not make coverage available to a umbrella policy issuer is an insurer Because the make available requirement policyholder who did not accept an under the Act, it must participate in the and the process in section 105 of the Act initial offer of coverage and later Program and it is subject to the Act’s for voiding terrorism risk insurance demands the coverage be added to the requirements. exclusions and offering coverage are same policy during the policy period Accordingly, insurers that issue generally consistent for commercial (i.e., through endorsement). In such a commercial property and casualty property and casualty policies in effect situation, the policyholder is not left insurance through umbrella policies are on November 26, 2002, Treasury has without options; a policyholder can subject to the make available decided that no additional clarification cancel its policy and solicit a new offer requirements of the Program. This is needed. See below for a discussion of or proposal for insurance. Treasury is means that they must (1) make available the ‘‘initial offer of coverage’’ provision modifying section 50.21(a) to clarify the in all of their commercial property and in the rule. make available requirement applies at casualty insurance policies coverage for the time an insurer makes the initial insured losses and (2) make available 3. Initial Offer of Coverage offer of coverage as well as at the time such coverage for insured losses that Section 50.21(a) of the interim final an insurer makes an initial offer of does not differ materially from the rule provides that the make available renewal of an existing policy. terms, amounts, and other coverage requirement also applies to new policies This insurance association commenter limitations applicable to losses arising issued and renewals of existing policies also suggested that Treasury consider from events other than acts of terrorism. during the period beginning on changing the rule to eliminate the The commenter also stated that some November 26, 2002 and ending on requirement that an insurer make policyholders have declined insurance December 31, 2004 (the last day of available coverage through an initial coverage for losses caused by an act of Program Year 2) and, if the requirement offer. Instead, the commenter proposed terrorism from their primary insurance is extended by the Secretary, to new that an insurer only be required to carriers, electing instead to have such policies issued and renewals of existing simply disclose that coverage is losses covered by the ‘‘drop down’’ policies in Program Year 3 (calendar available for purchase and to invite coverage afforded through their year 2005). The last line of 50.21(a) policyholders to contact the insurer for (presumably less expensive) umbrella states that the ‘‘requirement applies at an offer or quote, if desired. The insurance policies. To prevent what the the time an insurer makes the initial commenter suggested that insurers commenter characterizes as offer of coverage.’’ could still make a formal offer of policyholder ‘‘gaming,’’ the commenter One commenter, an insurance trade coverage if consistent with their normal suggests that ‘‘Treasury permit an association, proposed revising the business practice, but an offer would umbrella insurer, in accordance with interim final rule by adding language to not be required. Treasury is not normal business practice, to refuse to the end of section 50.21 stating that the adopting this suggestion, which is drop down where the insured make available requirement applies at inconsistent with the purposes of the intentionally elected to forego primary the time an insurer makes the initial statutory provisions. coverage for acts of terrorism.’’ offer of coverage ‘‘and at no other time.’’ Although Treasury understands that The commenter suggested this revision 4. Umbrella-Type Policies certain provisions of the Act may not fit because of a concern that a policyholder An insurance industry trade neatly with typical business practices of may try to purchase terrorism risk association commenter raised several umbrella policy underwriters and other insurance coverage during a policy questions about the applicability of the insurers, Treasury has determined to not period (for example, upon a heightened make available requirement for insured revise the interim final rule as suggested state of terror alert) despite having losses through commercial property and because it may create a situation that rejected an initial offer of coverage by an casualty umbrella insurance. In appears to excuse an insurer from insurer. response, Treasury emphasizes that fulfilling its contractual obligation to In context, Treasury believes the commercial property and casualty pay a policyholder’s claim for an requirement in section 50.21(a) is clear. umbrella insurance is included in the insured loss that otherwise may be It is Treasury’s view that by offering the Program because it falls within the covered by the terms and conditions of coverage at the time of initial offer, the Program’s definition of commercial a policy covered by the Program. insurer has satisfied the make available property and casualty insurance. Instead, it is Treasury’s view that the requirement. However, the commenter’s Therefore, an insurer that offers such commenter’s concern is more suggested change would limit the make umbrella insurance coverage is subject appropriately addressed by the insurer available requirement more narrowly to the make available requirements. that issues the umbrella policy, for than intended by Treasury. This is Section 102(12) of the Act defines example, through the insurer’s because the initial offer of coverage is commercial lines of property and underwriting procedures, pricing, and/ not the only time when the make casualty insurance to specifically or policy drafting. Therefore, an available requirement applies. Treasury include ‘‘excess insurance.’’ Section umbrella insurer could draft policy did not intend section 50.21 of the 50.5(l) of the regulations further defines language that excludes from ‘‘drop interim final rule to be read to mean commercial property and casualty down’’ coverage any losses arising from that, as long as an insurer makes insurance with reference to certain lines perils for which insurance was available coverage available through an initial of insurance business reported on from the primary or underlying insurer offer, the insurer has no further NAIC’s Annual Statement’s Exhibit of but was intentionally not purchased by obligation to make coverage available to Premiums and Losses, commonly the policyholder, provided: (1) The the policyholder during the Program’s known as Statutory Page 14. language does not differ materially from duration (e.g., at initial offer of renewal Commercial property and casualty the terms and other coverage limitations or in a new policy.) An insurer must umbrella insurance is reported on applicable to losses arising from events make the coverage available, not only at Statutory Page 14 and not otherwise other than acts of terrorism and (2) the
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exclusion is otherwise permitted by other coverage limitations applicable to McCarran Ferguson Act. Moreover, State law. losses arising from events other than throughout the implementation process, Another commenter raised similar acts of terrorism.’’ Sections 50.20 Treasury has followed Congress’s questions with regard to Difference-In- through 50.24 of the interim final rule direction to consult with the NAIC, and Conditions (DIC) commercial property reflect the statutory language and in that regard, has relied to the greatest and casualty insurance. DIC insurance is previously issued interim guidance. extent possible on the existing State included within the Program definition Section 50.23(b) addresses limitations regulatory structure for this temporary of commercial property and casualty on types of risk and provides that if an Program. insurance. DIC insurance is reported by insurer does not cover all types of Second, based on information insurers on commercial lines of commercial property and casualty risks, provided by the NAIC, it is Treasury’s Statutory Page 14 included in the then it is not required to cover the understanding that, even prior to Program (see section 50.5(l)). DIC excluded risks in satisfying the make September 11, 2001, insurers offered insurance policies generally provide available requirements. For example, if limited coverage for nuclear reaction or coverage for certain risks not covered by an insurer does not cover all types of radiation or radioactive contamination, other policies. The commenter commercial property and casualty risk, however caused, in commercial suggested that DIC commercial property either because the insurer is outside of property and casualty insurance. In and casualty insurance should not be direct State regulatory oversight, or addition, deference to existing State law included in the Program. The because a State permits certain as it relates to the make available commenter contended that the Act and exclusions for certain types of losses, requirement does not mean that all section 50.23 mean that all underlying such as nuclear, biological, or chemical losses associated with a nuclear, commercial property and casualty events, then the insurer is not required biological or chemical event would be policies must provide for—and cannot to make such coverage available. In excluded under the Program. Even with exclude—insured losses caused by an addition, Section 50.24 addresses the State exclusions, there may be act of terrorism, and thus DIC coverage applicability of State law. commercial property and casualty will never be triggered. A comment, submitted by a coalition insurance coverage in certain Treasury does not agree. As stated of trade and professional associations circumstances for certain biological, above with regard to umbrella polices, expressed concern about the make chemical or nuclear events. Moreover, the Act requires all insurers under the available provisions in the interim final the make available requirements in the Program to make available commercial regulation. The commenter contended interim final rule do not limit an property and casualty coverage for that the interim final rule’s deference to insurer’s ability to provide coverage for insured losses under the Program. If the State law exclusions for certain types of nuclear, biological, or chemical issuer of a DIC commercial property and losses is not consistent with the exposures as part of the Program, if the casualty insurance policy is an insurer purposes of the Act. The commenter insurer chooses to offer such coverage. as defined under the Program, then the also stated that the purpose of the Act If an insurer provided such coverage in DIC insurer must comply with the was to put policyholders back to the a commercial property and casualty requirements of the Act and Treasury’s level of coverage (or availability) that policy, and met its insurer deductible implementing regulations, including existed prior to September 11, 2001. and other conditions for federal those concerning the make available Although acknowledging that whether a payment, the insurer would receive requirements. Insurers can exclude policyholder purchases terrorism risk federal payment under the Program for coverage for insured losses if the insurance may be related to the price of a claim filed based on that policy. policyholder declines or elects not to the coverage, the commenter suggested Third, the availability of terrorism purchase the coverage. If a DIC insurer’s that a lack of coverage for biological and risk insurance is affected by the policyholder declines or elects not to chemical perils may adversely affect the affordability of such insurance. Neither purchase terrorism risk insurance policyholder’s decision to purchase the Act nor the Program mandates coverage in an underlying policy, the terrorism risk insurance. particular pricing. Therefore even if the Act requires that the DIC insurer must After carefully considering the ‘‘make available’’ requirement were make available terrorism risk insurance concerns expressed by the commenter applied in markets where exclusions are for insured losses as part of the DIC and reviewing the purposes of the Act, permitted, insurers would be able to policy. As with umbrella policies, Treasury is not making any change in price the coverage as appropriate, Treasury recognizes that certain the make available requirement as set within any constraints, if any, imposed provisions of the Act may not fit neatly forth in the interim final rule for the by the particular State. In such cases, if within typical business practices of DIC following reasons. First, it is Treasury’s insurers believed they had insufficient insurers but it is Treasury’s view that view that the make available capacity or that they lacked the ability the commenter’s concern is more requirement in the interim final rule, to adequately evaluate the risks appropriately addressed through DIC including the deference to state law associated with a nuclear, biological, or underwriting procedures, pricing or exclusions, is fully consistent with the chemical event, the corresponding price policy drafting. Thus, in the final rule, purposes of the Act. As stated in Section for such coverage along with the overall Treasury is making no change to section 101(b), the purposes of the Act include price for terrorism coverage could 50.21 to provide special treatment to establishment of a temporary federal remain relatively high as insurers DIC or umbrella insurance policies. Program to ‘‘allow for a transitional sought to build greater capacity and to period for the private markets to account for greater uncertainty 5. Limitations on Types of Risk (Section stabilize, resume pricing of such associated with these types of events. 50.23) insurance and build capacity to absorb Section 103(c)(1)(B) of the Act any future losses, while preserving State III. Procedural Requirements provides that insurers under the insurance regulation and consumer The Act established a Program to Program ‘‘shall make available property protections.’’ In addition, other provide for loss sharing payments by the and casualty insurance coverage for provisions of the Act, such as section Federal Government for insured losses insured losses that does not differ 106, generally support narrow State law resulting from certified acts of terrorism. materially from the terms, amounts, and preemption, consistent with the The Act became effective immediately
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upon the date of enactment (November systems and business practices to (c) In any rider or endorsement, or 26, 2002). Preemptions of terrorism risk demonstrate compliance. Accordingly, other document that is made a part of exclusions in policies, mandatory any economic impact associated with the policy. participation provisions, disclosure and the final rule flows from the Act and not ■ 4. Section 50.18(b)(2) of Subpart B is other requirements, and conditions for the final rule. However, the Act and the revised to read as follows: federal payment contained in the Act Program are intended to provide applied immediately to those entities benefits to the U.S. economy and all § 50.18 Disclosure required by that came within the Act’s definition of businesses, including small businesses, reinstatement provision ‘‘insurer.’’ by providing a federal reinsurance * * * * * The disclosure requirements are backstop to commercial property and (b) * * * statutory conditions for federal payment casualty insurers and their (2) The insurer provided notice at under the Program. The disclosure policyholders and by spreading the risk least 30 days before any such requirements were effective of insured loss resulting from an act of reinstatement of the increased premium immediately upon enactment and terrorism. for such terrorism coverage and the remain ongoing requirements that apply rights of the insured with respect to to new and renewed policies throughout List of Subjects in 31 CFR Part 50 such coverage, including the date upon the life of the Program. In the event of Terrorism risk insurance. which the exclusion would be an act of terrorism resulting in insured reinstated if no payment is received, losses under the Program, insurers must Authority and Issuance and the insured fails to pay any certify, and Treasury must ascertain, increased premium charged by the ■ that these disclosure requirements have For the reasons set forth above, the insurer for providing such terrorism been met before federal payment is interim final rule amending Subparts B coverage. made. Similarly, the make available and C of 31 CFR Part 50, which was ■ 5. Section 50.21(a) of Subpart C is requirements are important elements of published at 68 FR 19302 on April 18, revised to read as follows: the Act. These requirements were 2003, is adopted as a final rule with the effective immediately upon enactment following changes: § 50.21 Make available. and applied to policies in effect at that (a) General. The requirement to make PART 50—TERRORISM RISK available coverage as provided in time. The make available requirements INSURANCE PROGRAM will continue to apply to new and § 50.20 applies to policies in existence renewed policies through the end of ■ 1. The authority citation for 31 CFR on November 26, 2002, new policies 2004 (and if the requirements are Part 50 continues to read as follows: issued and renewals of existing policies extended by the Secretary, through during the period beginning on 2005). Given the significance of the Authority: 5 U.S.C. 301; 31 U.S.C. 321; November 26, 2002 and ending on Title I, Pub. L. 107–297, 116 Stat. 2322 (15 December 31, 2004 (the last day of disclosure and make available U.S.C. 6701 note). requirements to policyholders and Program Year 2), and if the requirement insurers, there is an urgent need to issue ■ 2. Section 50.12(d) of Subpart B is is extended by the Secretary, to new immediately effective regulations. This revised to read as follows: policies issued and renewals of existing policies in Program Year 3 (calendar includes the need to clarify, as § 50.12 Clear and conspicuous disclosure. necessary, the previously issued interim year 2005). The requirement applies at final rule. Moreover, because the * * * * * the time an insurer makes the initial changes are in the nature of (d) Use of producer. If an insurer offer of coverage as well as at the time clarifications, there should be no normally communicates with a an insurer makes an initial offer of operational impact on insurers and no policyholder through an insurance renewal of an existing policy. need for a delayed effective date. producer or other intermediary, an * * * * * Accordingly, pursuant to 5 U.S.C. insurer may provide disclosures through 553(d)(3), Treasury has determined that such producer or other intermediary. If Dated: October 1, 2003. there is good cause for this final rule to an insurer elects to make the disclosures Wayne A. Abernathy, become effective immediately upon through an insurance producer or other Assistant Secretary of the Treasury. publication. intermediary, the insurer remains [FR Doc. 03–26251 Filed 10–16–03; 8:45 am] This final rule is a significant responsible for ensuring that the BILLING CODE 4811–15–P regulatory action and has been reviewed disclosures are provided by the by the Office of Management and insurance producer or other Budget under the terms of Executive intermediary to policyholders in DEPARTMENT OF HOMELAND Order 12866. accordance with the Act. SECURITY It is hereby certified that this final * * * * * rule will not have a significant Coast Guard economic impact on a substantial ■ 3. Section 50.14 of Subpart B is revised number of small entities. The Act to read as follows: 33 CFR Part 165 requires all licensed or admitted § 50.14 Separate line item. [CGD09–03–270] insurers to participate in the Program. This includes all insurers regardless of An insurer is deemed to be in RIN 1625–AA00 size or sophistication. The Act also compliance with the requirement of defines property and casualty insurance providing disclosure on a ‘‘separate line Safety Zone; Wisconsin Central Rail without any reference to the size or item in the policy’’ under § 50.10(d) if Road Bridge Fox River, Green Bay, WI the insurer makes the disclosure: scope of the commercial entity. The AGENCY: Coast Guard, DHS. (a) On the declarations page of the disclosure and make available ACTION: Temporary final rule. requirements are required by the Act. policy; The final rule allows all insurers, (b) Elsewhere within the policy itself; SUMMARY: The Coast Guard is whether large or small, to use existing or establishing a temporary safety zone on
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the East side of the channel of the east side of the channel will be closed vessels intending to transit the east side Wisconsin Central Rail Road Bridge at to all vessel traffic. The purpose of the of the channel of the Fox River mile mile 2.61 Fox River. The east side of the safety zone is to protect the public from 2.61 from October 1, 2003 until 11:59 channel will be closed to all vessel transiting too close to the unstable p.m. December 1, 2003. traffic. The rule is necessary to prevent bridge. The safety zone will remain in This safety zone will not have a vessels from transiting too close to the place until the bridge is deemed safe significant economic impact on a potentially unstable bridge. This rule is and structurally sound. In addition, the substantial number of small entities for intended to restrict vessel traffic from a Coast Guard will notify the public, in the following reasons: This rule will be portion of Fox River mile 2.61, Green advance, by way of Ninth Coast Guard enforced to safeguard the boating Bay, Wisconsin. District Local Notice to Mariners, public. The Coast Guard will give notice DATES: This rule is effective from marine information broadcasts, and for to the public via a Broadcast to Mariners October 1, 2003 until 11:59 p.m. those who request it from Marine Safety that the regulation is in effect. Vessel December 1, 2003. Office Milwaukee, by facsimile (fax). traffic may enter or transit through the ADDRESSES: Documents indicated in this All persons and vessels shall comply safety zone with the permission of the preamble as being available in the with the instructions of the Captain of Captain of the Port Milwaukee or his docket are part of docket [CGD09–03– the Port Milwaukee or his designated designated on-scene representative. on-scene representative. Entry into, 270] and are available for inspection or Assistance for Small Entities transiting through, or anchoring within copying at U.S. Coast Guard Marine Under section 213(a) of the Small Safety Office Milwaukee, 2420 South the safety zone is prohibited unless authorized by the Captain of the Port Business Regulatory Enforcement Lincoln Memorial Drive, Milwaukee, WI Fairness Act of 1996 (Public Law 104– 53207 between 7 a.m. (CST) and 3:30 Milwaukee or his designated on scene representative. The Captain of the Port 121), we offer to assist small entities in p.m. (CST), Monday through Friday, understanding the rule so that they can except Federal holidays. Milwaukee may be contacted via VHF Channel 16. better evaluate its effects on them and FOR FURTHER INFORMATION CONTACT: participate in the rulemaking process. If Marine Science Technician Michael Regulatory Evaluation the rule would affect your small Schmidtke, Marine Safety Office This rule is not a ‘‘significant business, organization, or governmental Milwaukee, (414) 747–7155. regulatory action’’ under section 3(f) of jurisdiction and you have questions SUPPLEMENTARY INFORMATION: Executive Order 12866, Regulatory concerning its provisions or options for Regulatory Information Planning and Review, and does not compliance, please contact Marine require an assessment of potential costs Safety Office Milwaukee (See We did not publish a notice of and benefits under section 6(a)(3) of that ADDRESSES.) proposed rulemaking (NPRM) for this Order. The Office of Management and Small businesses may send comments regulation. Under 5 U.S.C. 553(b)(B) and Budget has not reviewed it under that on the actions of Federal employees under 5 U.S.C. 553(d)(3), the Coast Order. It is not ‘‘significant’’ under the who enforce, or otherwise determine Guard finds that good cause exists for regulatory policies and procedures of compliance with, Federal regulations to not publishing an NPRM and for making the Department of Homeland Security the Small Business and Agriculture this rule effective less than 30 days after (DHS). Regulatory Enforcement Ombudsman publication in the Federal Register. Due We expect the economic impact of and the Regional Small Business to a recent fire on the bridge, delaying this proposed rule to be so minimal that Regulatory Fairness Boards. The this rule would be contrary to the public a full Regulatory Evaluation under the Ombudsman evaluates these actions interest of ensuring the safety of those regulatory policies and procedures of annually and rates each agency’s transiting the Fox River. This rule also DHS is unnecessary. responsiveness to small business. If you ensures that any interested spectators do This determination is based on the wish to comment on actions by not accidentally place themselves in minimal time that vessels will be employees of the Coast Guard, call 1– danger should any problems occur. As restricted from the zone and the zone is 888–REG–FAIR (1–888–734–3247). such, immediate action is necessary to an area where the Coast Guard expects prevent possible loss of life or property. insignificant adverse impact to mariners Collection of Information This rule calls for no new collection Background and Purpose from the zone’s activation. of information under the Paperwork Small Entities This Safety Zone is established to Reduction Act of 1995 (44 U.S.C. 3501– safeguard the public until the bridge is Under the Regulatory Flexibility Act 3520). deemed safe and structurally sound. (5 U.S.C. 601–612), we considered The size of the zone was determined by whether this rule would have a Federalism the necessities of safe navigation in the significant economic impact on a A rule has implications for federalism Captain of the Port zone and local substantial number of small entities. under Executive Order 13132, knowledge about wind, waves, and The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct currents in this particular area. small businesses, not-for-profit effect on State or local governments and The safety zone is effective from organizations that are independently would either preempt State law or October 1, 2003 until 11:59 p.m. owned and operated and are not impose a substantial direct cost of December 1, 2003. This rule will be dominant in their fields, and compliance on them. We have analyzed enforced until the bridge is deemed safe governmental jurisdictions with this rule under that Order and have and structurally sound. populations of less than 50,000. determined that it does not have The Coast Guard certifies under 5 implications for federalism. Discussion of Rule U.S.C. 605(b) that this rule will not have The Coast Guard will implement a a significant economic impact on a Unfunded Mandates Reform Act safety zone on the East side of the substantial number of small entities. The Unfunded Mandates Reform Act channel of the Wisconsin Central Rail This rule will affect the following of 1995 (2 U.S.C. 1531–1538) requires Road Bridge at mile 2.61 Fox River. The entities: the owners or operators of Federal agencies to assess the effects of
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their discretionary regulatory actions. In Environment permission from the Captain of the Port particular, the Act addresses actions We have analyzed this rule under Milwaukee to enter or transit the safety that may result in the expenditure by a Commandant Instruction M16475.1D, zone. Approval will be made on a case- State, local, or tribal government, in the which guides the Coast Guard in by-case basis. Requests must be in aggregate, or by the private sector of complying with the National advance and approved by the Captain of $100,000,000 or more in any one year. Environmental Policy Act of 1969 the Port Milwaukee before transits will Though this proposed rule would not (NEPA) (42 U.S.C. 4321–4370f), and be authorized. The Captain of the Port result in such an expenditure, we do have concluded that there are no factors Milwaukee may be contacted via U.S. discuss the effects of this rule elsewhere in this case that would limit the use of Coast Guard Group Milwaukee on in this preamble. a categorical exclusion under section Channel 16, VHF–FM. Taking of Private Property 2.B.2. of the Instruction. Therefore, this Dated: September 16, 2003. rule is categorically excluded, under H.M. Hamilton, This rule will not affect a taking of figure 2–1, paragraph (34)(g) of the Commander, U.S. Coast Guard, Captain of private property or otherwise have Commandant Instruction M16475.1D, the Port Milwaukee. taking implications under Executive from further environmental [FR Doc. 03–26304 Filed 10–16–03; 8:45 am] Order 12630, Governmental Actions and documentation. BILLING CODE 4910–15–P Interference with Constitutionally Protected Property Rights. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation DEPARTMENT OF DEFENSE Civil Justice Reform (water), Reporting and recordkeeping This rule meets applicable standards requirements, Security measures, and DEPARTMENT OF HOMELAND in sections 3(a) and 3(b)(2) of Executive Waterways. SECURITY Order 12988, Civil Justice Reform, to ■ For the reasons discussed in the minimize litigation, eliminate preamble, the Coast Guard amends 33 Coast Guard ambiguity, and reduce burden. CFR part 165 as follows: DEPARTMENT OF VETERANS Protection of Children PART 165—REGULATED NAVIGATION AFFAIRS We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS 38 CFR Part 21 Executive Order 13045, Protection of ■ 1. The authority citation for part 165 Children from Environmental Health continues to read as follows: RIN 2900–AL34 Risks and Safety Risks. This rule is not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Veterans Education: Independent an economically significant rule and Chapter 701; 50 U.S.C. 191, 195; 33 CFR does not concern an environmental risk 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Study Approved for Certificate to health or risk to safety that may 107–295, 116 Stat. 2064; Department of Programs and Other Miscellaneous disproportionately affect children. Homeland Security Delegation No. 0170.1. Issues ■ Indian Tribal Governments 2. A new temporary § 165.T09–270 is AGENCIES: Department of Defense, added to read as follows: Department of Homeland Security This rule does not have tribal (Coast Guard), and Department of implications under Executive Order § 165.T09–270 Safety Zone; Wisconsin Central Bridge Fox River mile 2.61, Green Veterans Affairs. 13175, Consultation and Coordination Bay, WI. ACTION: Final rule. with Indian Tribal Governments, (a) Location. The following area is because it does not have a substantial designated a safety zone: the eastern SUMMARY: The Veterans Education and direct effect on one or more Indian side of the channel of the Wisconsin Benefits Expansion Act of 2001 allows tribes, on the relationship between the Central Rail Road Bridge at mile 2.61 on payment of Montgomery GI Bill— Federal Government and Indian tribes, the Fox River. The east side of the Selected Reserve (MGIB–SR) benefits for or on the distribution of power and channel will be closed to all vessel accredited independent study courses responsibilities between the Federal traffic, Green Bay, WI. that lead to a certificate that reflects Government and Indian tribes. (b) Effective Time and Date. This rule educational attainment. The certificate Energy Effects is effective from October 1, 2003 until must be offered by an institution of 11:59 p.m. December 1, 2003. higher learning. The Department of We have analyzed this rule under (c) Regulations. (1) The general Veterans Affairs (VA) can provide Executive Order 13211, Actions regulations contained in 33 CFR 165.23 MGIB–SR benefits for enrollments on or Concerning Regulations That apply. after December 27, 2001, in these Significantly Affect Energy Supply, (2) All persons and vessels shall independent study courses. We are also Distribution, or Use. We have comply with the instructions of the making changes in regulations in determined that it is not a ‘‘significant Coast Guard Captain of the Port accordance with The National Defense energy action’’ under that order because Milwaukee or the designated on scene Authorization Act for Fiscal Year 1998. it is not a ‘‘significant regulatory action’’ representative. Coast Guard patrol The Act removed the language ‘‘in under Executive Order 12866 and is not personnel include commissioned, connection with the Persian Gulf War’’ likely to have a significant adverse effect warrant or petty officers of the U.S. and ‘‘during the Persian Gulf War’’ from on the supply, distribution, or use of Coast Guard. Upon being hailed by a certain sections in title 10, United States energy. It has not been designated by the U.S. Coast Guard vessel via siren, radio, Code, regarding preservation of Administrator of the Office of flashing light, or other means, the entitlement to MGIB–SR benefits for Information and Regulatory Affairs as a operator shall proceed as directed. Selected Reserve members ordered to significant energy action. Therefore, it (3) This safety zone should not active duty in support of contingency does not require a Statement of Energy adversely affect shipping. However, operations. We are amending our Effects under Executive Order 13211. commercial vessels must request regulations to reflect the statutory
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changes. Since these changes are War, are eligible for restoration of Paperwork Reduction Act nothing more than restatements of entitlement. Generally, most individuals statutes, they do not require notice and are eligible for 36 months of full-time This document contains no provisions comment under 5 U.S.C. 553. MGIB–SR benefits. We refer to the 36 constituting a collection of information DATES: Effective Date: This final rule is months of benefits as 36 months of under the Paperwork Reduction Act (44 effective October 17, 2003. ‘‘entitlement’’. For each day of full-time U.S.C. 3501–3521). Applicability Dates. The revisions to benefits that we pay, we deduct 1 day Unfunded Mandates the various sections of the Code of of entitlement. If an individual is called Federal Regulations amended in this to active duty as indicated above, and The Unfunded Mandates Reform Act final rule are applied retroactively to has to withdraw from his or her requires, at 2 U.S.C. 1532, that agencies conform to the effective date of the course(s), VA will pay benefits up to the prepare an assessment of anticipated underlying statutory provisions. See date of withdrawal. Under these costs and benefits before developing any SUPPLEMENTARY INFORMATION for further circumstances, however, we will not rule that may result in an expenditure information about applicability dates. deduct any entitlement if the individual by State, local, or tribal governments, in FOR FURTHER INFORMATION CONTACT: Ms. received no credit for the course(s). For the aggregate, or by the private sector, of Lynn M. Cossette, Education Advisor example, if an individual started a $100 million or more in any given year. course with 36 months of benefits (225C), Education Service, Veterans This final rule would have no such available and we paid for 2 months of Benefit Administration, 810 Vermont effect on State, local, or tribal benefits before the individual Avenue, NW., Washington, DC, (202) governments, or the private sector. 273–7294. discontinued the course, we would SUPPLEMENTARY INFORMATION: Before charge 2 months of entitlement, leaving Executive Order 12866 enactment of the Veterans Education the individual 34 months of benefits This document has been reviewed by and Benefits Expansion Act of 2001 remaining. Under restoration of (‘‘Act’’), VA could provide Montgomery entitlement provisions, we give back the the Office of Management and Budget GI Bill—Selected Reserve (MGIB–SR) 2 months of entitlement. So, although under Executive Order 12866. the individual received benefits for 2 benefits for independent study only Regulatory Flexibility Act when the independent study course was months, he or she has the same amount accredited and a part of a standard of benefits remaining as before the The Secretary of Veterans Affairs, the college degree program. The Act now course started. We are revising the Secretary of Defense, and the allows VA to provide MGIB–SR benefits pertinent regulations to make them Commandant of the Coast Guard hereby for accredited independent study conform to the Act. certify that this final rule will not have courses that lead to a certificate that Moreover, the Strom Thurmond a significant economic impact on a reflects educational attainment. This National Defense Authorization Act for substantial number of small entities as provision applies only to certificate Fiscal Year 1999 (Pub. L. 105–261), they are defined in the Regulatory programs offered by institutions of amended a provision affecting the Flexibility Act, 5 U.S.C. 601–612. This higher learning and for enrollments after eligibility period for certain Selected final rule will directly affect only Reserve members. Generally, a Selected December 26, 2001. We revised our individuals and will not directly affect Reserve member’s eligibility period regulations to reflect this change. small entities. Pursuant to 5 U.S.C. We are further revising regulations to ends when the member leaves the Selected Reserves. Before enactment of 605(b), this final rule, therefore, is comply with changes in title 10, U.S.C. exempt from the initial and final The National Defense Authorization Act Pub. L. 105–261, if an individual ceased regulatory flexibility analyses for Fiscal Year 1998 (Pub. L. 105–85) to be a member of the Selected Reserves requirements of sections 603 and 604. removed the language ‘‘during the because his or her unit was deactivated, Persian Gulf War’’ from section or by reason of involuntarily ceasing to Catalog of Federal Domestic Assistance 16133(b)(4), title 10, United States Code be designated as a member of the Program Numbers (U.S.C.). By removing the language, Selected Reserve pursuant to section Selected Reserve members ordered to 10143(a) of title 10, U.S.C., eligibility There is no Catalog of Federal active duty in support of contingency could continue beyond the separation Domestic Assistance number for the operations, not just in support of the date. To qualify, the member must have program affected by this final rule. Persian Gulf War, became eligible for been involuntarily released during the Lists of Subjects in 38 CFR Part 21 the extension of their eligibility period. period beginning October 1, 1991, and We revised our regulations to comply ending September 30, 1999. Pub. L. Administrative practice and with the Act, and the language in title 105–261 extended the ending date from procedure, Armed forces, Civil rights, September 30, 1999 to September 30, 10, U.S.C. Claims, Colleges and universities, 2001. Subsequently, the Floyd D. In addition, the Act removed ‘‘during Conflicts of interest, Defense the Persian Gulf War’’ from section Spence National Defense Authorization Department, Education, Employment, 16131(c)(3)(B)(i), title 10, U.S.C. Section Act for Fiscal Year 2001 (Pub. L. 106– Grant programs-education, Grant 16131(c)(3)(B)(i) restores MGIB–SR 398) extended the ending date from programs-veterans, Health care, Loan entitlement to Selected Reserve September 30, 2001 to December 31, members who discontinue their 2001. However, we did not update our programs-education, Loan programs- education course(s) due to being regulations to reflect the change made veterans, Manpower training programs, ordered to active duty in support of by Pub. L. 105–261. We are amending Reporting and recordkeeping contingency operations. By removing our regulations to reflect the most recent requirements, Schools, Travel and the language ‘‘in connection with the legislation, Pub. L. 106–398. transportation expenses, Veterans, Persian Gulf War,’’ Selected Reserve Since the changes we made merely Vocational education, Vocational members who are ordered to active duty restate statutes, we are publishing this rehabilitation. in support of contingency operations, rule as a final rule without a comment not just in support of the Persian Gulf period.
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Approved: May 14, 2003. ■ b. In paragraph (d)(1), removing POSTAL SERVICE Anthony J. Principi, ‘‘September 30, 1999,’’ and adding, in its Secretary of Veterans Affairs. place, ‘‘December 31, 2001,’’. 39 CFR Part 111 The revision reads as follows: Approved: June 5, 2003. Revised Format for Pressure-Sensitive Kenneth T. Venuto, § 21.7550 Ending dates of eligibility. Presort Destination Package Labels Rear Admiral, U.S. Coast Guard, Assistant (a) * * * AGENCY: Postal Service. Commandant for Human Resources. (3) If the reservist serves on active ACTION: Final rule. Approved: August 4, 2003. duty pursuant to an order to active duty Charles S. Abell, issued under sections 12301(a),(d),(g), SUMMARY: This final rule sets forth the Principal Deputy Under Secretary (Personnel 12302, or 12304 of title 10, U.S. Code, Domestic Mail Manual (DMM) and Readiness), Department of Defense. the period of this active duty plus 4 standards adopted by the Postal Service months shall not be considered in ■ For reasons set out in the preamble, 38 to implement the use of redesigned determining the time limit on eligibility CFR part 21 (subpart L) is amended as set pressure-sensitive package labels. The found in paragraphs (a)(1) and (a)(2) of forth below. redesigned labels—similar to the current this section. labels that mailers affix to the top PART 21—VOCATIONAL (Authority: 10 U.S.C. 16133) mailpiece in packages of mailpieces REHABILITATION AND EDUCATION (bundles of individual mailpieces * * * * * secured together) instead of using Subpart L—Educational Assistance for ■ 4. Section 21.7576 is amended by optional endorsement lines (OELs)— Members of the Selected Reserve revising paragraph (e)(1)(i) and the will continue to indicate the presort level of all the pieces banded into ■ 1. The authority citation for part 21, authority citation at the end of paragraph (e) to read as follows: individual presort destination packages. subpart L, continues to read as follows: The redesigned pressure-sensitive Authority: 10 U.S.C. ch. 1606; 38 U.S.C. § 21.7576 Entitlement charges. package labels will support the 501(a), 512, ch. 36, unless otherwise noted. * * * * * deployment of a new system, designated ■ 2. Section 21.7540 is amended by: (e) * * * as the Automated Package Processing ■ a. Revising paragraph (b)(3)(iii). (1) * * * System (APPS), that will extend the ■ b. Redesignating paragraphs (b)(3)(iv), (i) While not serving on active duty, benefits of automated handling to the (b)(3)(v), (b)(3)(vi), and (b)(3)(vii) as had to discontinue pursuit of a course processing of small, lightweight parcels paragraphs (b)(3)(v), (b)(3)(vi), (b)(3)(vii), or courses as a result of being ordered and flat-size pieces such as magazines and (b)(3)(viii), respectively. to serve on active duty under sections and catalogs prepared in packages ■ c. Adding a new paragraph (b)(3)(iv). 12301(a),(d),(g), 12302, or 12304 of title (several mailpieces presorted and ■ d. Revising the authority citation at the 10, U. S. Code; and secured together into a single unit). end of paragraph (b)(3). Mailers may begin affixing the new * * * * * The revisions and addition read as labels starting on October 16, 2003. follows: (Authority: 10 U.S.C. 16131(c)(3)) Mailers using the current nonbarcoded § 21.7540 Eligibility for educational ■ 5. Section 21.7620 is amended by pressure-sensitive labels may continue assistance. revising paragraph (c)(2) to read as using those labels until April 1, 2004. * * * * * follows: EFFECTIVE DATE: This final rule takes (b) * * * effect on October 30, 2003. (3) * * * § 21.7620 Courses included in programs of FOR FURTHER INFORMATION CONTACT: Neil (iii) An accredited independent study education. Berger at (703) 292–3645, Mailing course leading to a standard college * * * * * Standards, U.S. Postal Service; or Jamie degree. (See § 21.7622(f) concerning (c) * * * Gallagher at (202) 268–4031, P&DC enrollment in a nonaccredited (2) Only a reservist who meets the Operations, U.S. Postal Service. independent study course after October requirements of § 21.7540(b)(1) may be SUPPLEMENTARY INFORMATION: On August 28, 1992); paid educational assistance for an 18, 2003, the Postal Service published a (iv) An accredited independent study enrollment in an independent study proposed rule in the Federal Register course leading to a certificate that course or unit subject without a (68 FR 49396–49406) that contained reflects educational attainment from an simultaneous enrollment in a course or minor changes to mailing standards in institution of higher learning. This unit subject offered by resident training. the Domestic Mail Manual (DMM) to provision applies to enrollment in an The independent study course or unit implement the use of reformatted independent study course that begins on subject must be accredited and lead to pressure-sensitive presort destination or after December 27, 2001. (See a standard college degree. Beginning package labels. In that proposed rule, § 21.7622(f) concerning enrollment in a with enrollments on or after December the Postal Service also requested nonaccredited independent study 27, 2001, a reservist may receive comments from the public and the course after October 28, 1992); educational assistance for an mailing industry. No comments were * * * * * independent study course that leads to received on the proposed rule. a certificate. The certificate must reflect (Authority: 10 U.S.C. 16131, 16132, 16136; As explained in the proposed rule, the sec. 705(a)(1), Pub. L. 98–525, 98 Stat. 2565, educational attainment and must be new barcoded pressure-sensitive 2567; 38 U.S.C. 3680A) offered by an institution of higher package labels would be one method to learning. support the use of the APPS, which the * * * * * (Authority: 38 U.S.C. 3680A(a)(4)) Postal Service plans to deploy beginning ■ 3. Section 21.7550 is amended by: in 2004 in major processing and ■ a. Revising paragraph (a)(3) and the * * * * * distribution centers to improve authority citation at the end of the [FR Doc. 03–26254 Filed 10–16–03; 8:45 am] operational efficiency and increase paragraph. BILLING CODE 8320–01–P workhour productivity.
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The use of these new labels will have a. Firm (Periodicals use only), blue a. Placement. Line 1 must be the first no significant effect on mail preparation Label F. visible line on the label. It must be standards and processes or on current b. Five-digit presort level, red Label 5 completely visible and legible when mailer operations, especially mailer or red Label D. placed on the pallet. If the pallet label operations using optional endorsement c. Three-digit presort level, green does not provide enough space for all lines (OELs) for designating the presort Label 3. required Line 1 information, the level of packages containing letter-size d. ADC presort level, pink Label A. destination ZIP Code may be placed pieces or flat-size pieces. This change e. Mixed ADC presort level, tan Label right-justified on the line immediately will not replace OELs. In fact, mailers X or tan Label MXD. below the rest of Line 1 and above Line currently using OELs should continue * * * * * 2 (content line). A standard abbreviation using these cost-effective, time saving for the destination city name may be M030 Containers information lines rather than converting used. to the use of pressure-sensitive package M031 Labels b. Information. Line 1 must contain labels. 1.0 SACK AND TRAY LABELS only the information specified by For the reasons presented in the standard, including the appropriate proposed rule and those noted above in * * * * * destination facility prefix (e.g., ‘‘ADC’’). this final rule, the Postal Service adopts [Revise heading of 1.2 to read as Two zeros may follow the 3-digit ZIP the following changes in the Domestic follows:] Code prefix required by labeling Mail Manual, which is incorporated by 1.2 Line 1 (Destination Line) standards (e.g., 223 as 22300). reference in the Code of Federal [Revise 1.2 to read as follows:] c. Overseas Military Mail. On 5-digit Regulations. See 39 CFR 111.1. pallets for overseas military Line 1 (destination line) must meet destinations, Line 1 shows, from left to List of Subjects in 39 CFR Part 111 these standards: right, ‘‘APO’’ or ‘‘FPO,’’ followed by Postal Service. a. Placement. Line 1 must be the first visible line on the label. It must be ‘‘AE’’ (for ZIP Codes within the ZIP PART 111—[AMENDED] completely visible and legible when Code prefix range 090–098), ‘‘AA’’ (for placed in the label holder. This ZIP Codes within the 3-digit ZIP Code ■ 1. The authority citation for 39 CFR visibility is ensured if the top of this prefix 340), or ‘‘AP’’ (for ZIP Codes part 111 continues to read as follows: line is no less than 1/8 (0.125) inch within the ZIP Code prefix range 962– Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, below the top of the label when the 966), followed by the destination 5-digit 401, 403, 404, 414, 416, 3001–3011, 3201– label is cut and prepared. ZIP Code of the mail on the pallet. 3219, 3403–3406, 3621, 3626, 5001. b. Information. Line 1 must contain [Revise heading of 4.6 to read as ■ 2. Amend the following sections of the only the information specified by follows:] Domestic Mail Manual (DMM) as set standard, including the appropriate 4.6 Line 2 (Content Line) forth below: destination facility prefix (e.g., ‘‘ADC’’). Two zeros may follow the 3-digit ZIP * * * * * Domestic Mail Manual (DMM) Code prefix required by labeling [Revise heading of 4.7 to read as * * * * * standards (e.g., 223 as 22300). follows:] c. Overseas Military Mail. On 5-digit M Mail Preparation and Sortation 4.7 Line 3 (Origin Line) sacks and trays for overseas military M000 General Preparation Standards destinations, Line 1 shows, from left to * * * * * * * * * * right, ‘‘APO’’ or ‘‘FPO,’’ followed by M032 Barcoded Labels ‘‘AE’’ (for ZIP Codes within the ZIP M020 Packages Code prefix range 090–098), ‘‘AA’’ (for 1.0 BASIC STANDARDS—TRAY AND 1.0 BASIC STANDARDS ZIP Codes within the 3-digit ZIP Code SACK LABELS prefix 340), or ‘‘AP’’ (for ZIP Codes * * * * * * * * * * within the ZIP Code prefix range 962– [Revise heading of 1.2 to read as 1.3 Labeling 966), followed by the destination 5-digit follows:] ZIP Code of the mail in the sack or tray. [Revise 1.3 to read as follows:] [Revise heading of 1.3 to read as 1.2 Line 1 (Destination Line) Unless excepted by standard, the follows:] presort level of each package (other than * * * * * carrier route packages) must be 1.3 Line 2 (Content Line) [Revise 1.2c to read as follows:] identified either with an optional * * * * * c. Overseas Military Mail. On 5-digit endorsement line under M013 or with a [Revise heading of 1.4 to read as sacks and trays for overseas military barcoded pressure-sensitive package follows:] destinations, Line 1 shows, from left to label. On letter-size mail (including right, ‘‘APO’’ or ‘‘FPO,’’ followed by card-size pieces), the package label must 1.4 Line 3 (Origin Line) ‘‘AE’’ (for ZIP Codes within the ZIP be placed in the lower left corner of the * * * * * Code prefix range 090–098), ‘‘AA’’ (for address side of the top piece in the ZIP Codes within the 3-digit ZIP Code package. On flat-size mail, the label may 4.0 PALLET LABELS prefix 340), or ‘‘AP’’ (for ZIP Codes be placed anywhere on the address side * * * * * within the ZIP Code prefix range 962– of the top piece in the package. Package [Revise heading of 4.5 to read as 966), followed by the destination 5-digit labels must not be obscured by banding follows:] ZIP Code of the mail in the sack or tray. or shrinkwrap. The following colors and [Revise heading of 1.3 to read as presort characters apply to package 4.5 Line 1 (Destination Line) follows:] labels (nonbarcoded labels, including [Revise 4.5 to read as follows:] red Label D and tan Label MXD, may be Line 1 (destination line) must meet 1.3 Line 2 (Content Line) used until April 1, 2004): these standards: * * * * *
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[Change ‘‘STD MACH & IRREG 5D’’ to ‘‘STD MACH-IRREG 5D’’ in Exhibit 1.3 to read as follows:]
Human-readable Class and mailing CIN content line
******* Standard Mail:
******* STD Machinable and Irregular Parcels—Presorted: 5-digit sacks ...... 603 STD MACH-IRREG 5D
*******
[Revise heading of 1.4 to read as e. Mixed BMC (required); no 3.0 PREPARATION— follows:] minimum; labeling: NONMACHINABLE LETTER-SIZE (1) Line 1: ‘‘MXD’’ followed by L601 PIECES 1.4 Line 3 (Origin Line) Column B information for BMC serving [Revise heading of 3.1 to read as * * * * * 3-digit ZIP Code prefix of entry post follows:] M070 Mixed Classes office. (2) Line 2: ‘‘STD/PSVC MACH WKG.’’ 3.1 Packaging and Labeling * * * * * * * * * * [Revise 3.1 to read as follows:] M073 Combined Mailings of Standard M100 First-Class Mail Except as provided in M020.1.9, Mail and Package Services Parcels (Nonautomation) packaging is required before traying. A package must be prepared when the 1.0 COMBINED MACHINABLE * * * * * quantity of addressed pieces for a PARCELS—RATES OTHER THAN required presort level reaches a PARCEL POST OBMC PRESORT, BMC M130 Presorted First-Class Mail minimum of 10 pieces. Smaller volumes PRESORT, DSCF, AND DDU * * * * * are not permitted except for mixed ADC * * * * * 2.0 PREPARATION—MACHINABLE packages. Mailers who prefer that the [Revise heading of 1.6 to read as LETTER-SIZE PIECES USPS not automate letter-size pieces follows:] must also identify each package with a * * * * * facing slip marked ‘‘MANUAL ONLY’’ 1.6 Sacking and Labeling [Revise heading of 2.2 to read as or use a ‘‘MANUAL ONLY’’ optional follows:] [Revise 1.6 to read as follows:] endorsement line (see M013). Preparation sequence, sack size, and 2.2 Traying and Labeling Preparation sequence, package size, and labeling: [Revise 2.2 to read as follows:] labeling: a. 5-digit scheme (optional, but Preparation sequence, tray size, and [Change in 3.1a ‘‘red Label D’’ to ‘‘red required for Standard Mail 3/5 rate labeling: Label 5’’; change in 3.1d ‘‘tan Label eligibility); 10-piece or 20-pound a. 5-digit (optional); full trays (no MXD’’ to ‘‘tan Label X’’ to read as minimum; labeling: overflow); labeling: follows:] (1) Line 1: L606. (1) Line 1: city, state, and 5-digit ZIP a. 5-digit (required); 10-piece (2) Line 2: ‘‘STD/PSVC MACH 5D Code on mail (see M031 for overseas minimum; red Label 5 or optional SCH.’’ military mail). endorsement line (OEL); labeling not b. 5-digit (optional, but required for (2) Line 2: ‘‘FCM LTR 5D MACH.’’ required for pieces in full 5-digit trays. Standard Mail 3/5 rate eligibility); 10- b. 3-digit (required); full trays (no b. 3-digit (required); 10-piece piece or 20-pound minimum; labeling: overflow), except for one less-than-full minimum; green Label 3 or OEL. (1) Line 1: 5-digit ZIP Code on mail tray for each origin 3-digit(s); labeling: c. ADC (required); 10-piece minimum; (see M031 for overseas military mail). (1) Line 1: L002, Column A. pink Label A or OEL. (2) Line 2: ‘‘STD/PSVC MACH 5D.’’ (2) Line 2: ‘‘FCM LTR 3D MACH.’’ d. Mixed ADC (required); no c. ASF (optional; allowed only for c. AADC (required); full trays (no minimum; tan Label X or OEL. mail deposited at an ASF to claim overflow), with pieces grouped by 3- [Delete current 3.2 and redesignate DBMC rate); 10-piece or 20-pound digit ZIP Code prefix; labeling: current 3.3 as new 3.2; revise heading of minimum; labeling: (1) Line 1: L801. new 3.2 to read as follows:] (1) Line 1: L602. DBMC rate eligibility (2) Line 2: ‘‘FCM LTR AADC MACH.’’ determined by Exhibit E650.5.1 and d. Mixed AADC (required); no 3.2 Traying and Labeling Exhibit E751.1.3. minimum, with pieces grouped by [Revise 3.2 to read as follows:] (2) Line 2: ‘‘STD/PSVC MACH ASF.’’ AADC; labeling: Preparation sequence, tray size, and d. BMC (required); 10-piece or 20- (1) Line 1: ‘‘MXD’’ followed by city, labeling: pound minimum; labeling: state, and 3-digit ZIP Code prefix of a. 5-digit (required); full trays (no (1) Line 1: L601. DBMC rate eligibility facility serving 3-digit ZIP Code prefix overflow); labeling: determined by Exhibit E650.5.1 and of entry office, as shown in L002, (1) Line 1: city, state, and 5-digit ZIP Exhibit E751.1.3. Column C. Code on mail (see M031 for overseas (2) Line 2: ‘‘STD/PSVC MACH BMC.’’ (2) Line 2: ‘‘FMC LTR MACH WKG.’’ military mail).
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(2) Line 2: ‘‘FCM LTR 5D MANUAL.’’ (1) Line 1: L002, Column A. (1) Line 1: city, state, and 5-digit ZIP b. 3-digit (required); full trays (no (2) Line 2: ‘‘FCM FLTS 3D NON BC.’’ Code on mail (see M031 for overseas overflow), except for one less-than-full c. ADC (required); full trays (no military mail). tray for each origin 3-digit(s); labeling: overflow); labeling: (2) Line 2: ‘‘FCM PARCELS 5D.’’ (1) Line 1: L002, Column A. (1) Line 1: L004. b. 3-digit (required); 10-pound (2) Line 2: ‘‘FCM LTR 3D MANUAL.’’ (2) Line 2: ‘‘FCM FLTS ADC NON minimum, except for required origin 3- c. ADC (required); full trays (no BC.’’ digit(s); labeling: overflow); labeling: d. Mixed ADC (required); no (1) Line 1: L002, Column A. (1) Line 1: L004. minimum; labeling: (2) Line 2: ‘‘FCM PARCELS 3D.’’ (2) Line 2: ‘‘FCM LTR ADC c. ADC (required); 10-pound (1) Line 1: ‘‘MXD’’ followed by city, MANUAL.’’ minimum; labeling: state, and 3-digit ZIP Code prefix of d. Mixed ADC (required); no (1) Line 1: L004. minimum; labeling: facility serving 3-digit ZIP Code prefix (2) Line 2: ‘‘FCM PARCELS ADC.’’ (1) Line 1: ‘‘MXD’’ followed by city, of entry post office, as shown in L002, d. Mixed ADC (required); no state, and 3-digit ZIP Code prefix of Column C. minimum; labeling: facility serving 3-digit ZIP Code prefix (2) Line 2: ‘‘FCM FLTS NON BC (1) Line 1: ‘‘MXD’’ followed by city, of entry post office, as shown in L002, WKG.’’ state, and 3-digit ZIP Code prefix of Column C. [Delete current 4.4.] facility serving 3-digit ZIP Code prefix (2) Line 2: ‘‘FCM LTR MANUAL [Revise heading of 5.0 to read as of entry post office, as shown in L002, WKG.’’ follows:] Column C. [Revise heading of 4.0 to read as (2) Line 2: ‘‘FCM PARCELS WKG.’’ follows:] 5.0 PREPARATION—PARCELS [Delete current 5.4.] 4.0 PREPARATION—FLAT-SIZE [Delete current 5.1 and redesignate * * * * * PIECES current 5.2 as new 5.1; revise heading of new 5.1 to read as follows:] M200 Periodicals (Nonautomation) [Revise heading of 4.1 to read as M210 Presorted Periodicals follows:] 5.1 Packaging and Labeling * * * * * 4.1 Packaging and Labeling [Revise introductory text of new 5.1 to read as follows] Packaging is generally 2.0 PACKAGE PREPARATION [Revise 4.1 to read as follows:] required before sacking. A package must Except as provided in M020.1.9, [Revise 2.0 by combining current 2.1 be prepared when the quantity of and 2.2 to read as follows:] packaging is required before traying. A addressed pieces for a required presort Packaging is required before traying or package must be prepared when the level reaches a minimum of 10 pieces. sacking. A package must be prepared quantity of addressed pieces for a Smaller volumes are not permitted when the quantity of addressed pieces required presort level reaches a except for mixed ADC packages. for a required presort level reaches the minimum of 10 pieces. Smaller volumes Packaging is not required if the parcels minimum package size. Smaller are not permitted except for mixed ADC are 1⁄2 inch thick or greater and placed volumes are not permitted except mixed packages. Preparation sequence, in a sack to the same destination to ADC packages and 5-digit and 3-digit package size, and labeling: which they would otherwise be packages prepared under 1.5. Packaging [Change in 4.1a ‘‘red Label D’’ to ‘‘red packaged (e.g., in a 3-digit sack rather is also subject to M020. Preparation Label 5’’; change in 4.1d ‘‘tan Label than in a 3-digit package). Packaging is sequence, package size, and labeling: MXD’’ to ‘‘tan Label X’’ to read as also not required if the parcels are so follows:] large that 10 or fewer fill a sack. [Change in 2.0b ‘‘red Label D’’ to ‘‘red a. 5-digit (required); 10-piece Preparation sequence, package size, and Label 5’’; change in 2.0e ‘‘tan Label minimum; red Label 5 or optional labeling: MXD’’ to ‘‘tan Label X’’ to read as endorsement line (OEL). follows:] [Change in new 5.1a ‘‘red Label D’’ to a. Firm (optional); two-piece b. 3-digit (required); 10-piece ‘‘red Label 5’’; change in new 5.1d ‘‘tan minimum; green Label 3 or OEL. minimum; blue Label F or optional Label MXD’’ to ‘‘tan Label X’’ to read as endorsement line (OEL). c. ADC (required); 10-piece minimum; follows:] pink Label A or OEL. b. 5-digit (required); six-piece d. Mixed ADC (required); no a. 5-digit (required); 10-piece minimum; red Label 5 or OEL; package minimum; tan Label X or OEL. minimum; red Label 5 or optional labeling optional for pieces in full 5- endorsement line (OEL). [Delete current 4.2 and redesignate digit trays. b. 3-digit (required); 10-piece c. 3-digit (required); six-piece current 4.3 as new 4.2; revise heading of minimum; green Label 3 or OEL. minimum; green Label 3 or OEL. new 4.2 to read as follows:] c. ADC (required); 10-piece minimum; d. ADC (required); six-piece 4.2 Traying and Labeling pink Label A or OEL. minimum; pink Label A or OEL. [Revise new 4.2 to read as follows:] d. Mixed ADC (required); no e. Mixed ADC (required); no minimum; tan Label X or OEL. Preparation sequence, tray size, and minimum; tan Label X or OEL. labeling: [Redesignate current 5.3 as new 5.2; [Revise heading of 3.0 to read as a. 5-digit (required); full trays (no revise heading of new 5.2 to read as follows:] overflow); labeling: follows:] 3.0 TRAY PREPARATION—LETTER- (1) Line 1: city, state, and 5-digit ZIP 5.2 Sacking and Labeling SIZE PIECES Code on mail (see M031 for overseas [Revise introductory text to read as military mail). [Revise new 5.2 to read as follows:] (2) Line 2: ‘‘FCM FLTS 5D NON BC.’’ Preparation sequence, sack size, and follows:] b. 3-digit (required); full trays (no labeling: Preparation sequence, tray size, and overflow), except for one less-than-full a. 5-digit (required); 10-pound labeling: tray for each origin 3-digit(s); labeling: minimum; labeling: * * * * *
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[Revise 3.0a(1) to read as follows:] 4.0 PREPARATION—FLAT-SIZE [Revise 4.0 by moving standards for * * * * * PIECES AND IRREGULAR PARCELS irregular parcels to new 5.0; redesignate (1) Line 1: use city, state and 5-digit [Revise introductory text to read as current 5.0 as new 6.0; revise current 4.0 ZIP Code on mail (see M031 for overseas follows:] to read as follows:] military mail). Preparation sequence, sack size, and 4.0 PREPARATION—FLAT-SIZE * * * * * labeling: PIECES [Revise heading of 4.0 to read as * * * * * 4.1 Required Packaging follows:] [Revise 4.0a(1) to read as follows:] Except as provided in 4.3, packaging 4.0 SACK PREPARATION—FLAT- * * * * * is required before sacking. A package SIZE PIECES AND IRREGULAR (1) Line 1: use city, state and 5-digit must be prepared when the quantity of PARCELS ZIP Code on mail (see M031 for overseas military mail). addressed pieces for a required presort [Revise second sentence in introductory level reaches the required minimum * * * * * text to read as follows:] package size in 4.2. Smaller volumes are * * * For other mailing jobs, M600 Standard Mail (Nonautomation) not permitted except for mixed ADC preparation sequence, tray size, and M610 Presorted Standard Mail packages. labeling: * * * * * 4.2 Packaging and Labeling * * * * * Preparation sequence, package size, [Revise 4.0a(1) to read as follows:] 2.0 PREPARATION—MACHINABLE and labeling: LETTER-SIZE PIECES * * * * * a. 5-digit (required); 17-piece (1) Line 1: use city, state and 5-digit * * * * * minimum, optional 10-to 16-piece ZIP Code on mail (see M031 for overseas 2.2 Traying and Labeling minimum (one consistent minimum military mail). required for a mailing job); red Label 5 * * * * * * * * * * or optional endorsement line (OEL). [Revise 2.2a(1) to read as follows:] b. 3-digit (required); 10-piece M220 Carrier Route Periodicals (1) Line 1: city, state, and 5-digit ZIP minimum; green Label 3 or OEL. * * * * * Code on mail (see M031 for overseas c. ADC (required); 10-piece minimum; military mail). pink Label A or OEL. 2.0 PACKAGE PREPARATION * * * * * d. Mixed ADC (required); no * * * * * minimum; tan Label X or OEL. [Revise heading of 2.4 to read as 3.0 PREPARATION— follows:] NONMACHINABLE LETTER-SIZE 4.3 Loose Packing PIECES District managers may authorize loose 2.4 Packaging and Labeling [Revise heading of 3.1 to read as packing of unpackaged pieces to fill [Revise 2.4 to read as follows:] follows:] Number 3 sacks if no pieces in a sack Preparation sequence, package size, would be more finely sorted if 3.1 Packaging and Labeling and labeling: packaged. Pieces must be faced and a. Firm (optional); two-piece [Revise introductory text of 3.1 to read packed to remain oriented in transit. minimum; blue Label F or optional as follows:] The total weight of sacks containing endorsement line (OEL). Except as provided in M020.1.9, such pieces may not exceed 70 pounds. b. Carrier route (optional, but required packaging is required before traying. A Requests for loose packing must be for rate eligibility); six-piece minimum package must be prepared when the made in advance through the post office (fewer pieces permitted under 1.5); quantity of addressed pieces for a of mailing. labeling required (facing slip, OEL, or required presort level reaches a 4.4 Required Sacking carrier route information line) except for minimum of 10 pieces. Smaller volumes packages placed in a carrier route tray are not permitted except for mixed ADC Except as provided in 4.5, a sack, or or sack. packages. Mailers who prefer that the a letter tray under M033, must be prepared when the quantity of mail for [Revise heading of 3.0 to read as USPS not automate letter-size pieces a required presort destination reaches follows:] must also identify each package with a facing slip marked ‘‘MANUAL ONLY’’ either 125 pieces or 15 pounds of 3.0 PREPARATION—LETTER-SIZE or use a ‘‘MANUAL ONLY’’ optional pieces, whichever occurs first, subject to PIECES endorsement line (see M013). these conditions: a. For identical-weight pieces, mailers 3.1 Basic Preparation Preparation sequence, package size, and labeling: must apply these methods: [Revise introductory text to read as (1) Pieces weighing 1.92 ounces (0.12 [Change in 3.1a ‘‘red Label D’’ to ‘‘red follows:] pound) or less must be prepared using Label 5’’; change in 3.1d ‘‘tan Label the 125-piece minimum. Preparation sequence, tray size, and MXD’’ to ‘‘tan Label X’’.] labeling: (2) Pieces weighing more than 1.92 [Delete current 3.2 and redesignate ounces must be prepared using the 15- * * * * * current 3.3 as new 3.2.] pound minimum. [Revise 3.1a(1) to read as follows:] 3.2 Traying and Labeling b. For nonidentical-weight pieces, * * * * * mailers must apply either one of these (1) Line 1: use city, state and 5-digit * * * * * methods: ZIP Code on mail (see M031 for overseas [Revise new 3.2a(1) to read as follows:] (1) The minimum that applies to the military mail). (1) Line 1: city, state, and 5-digit ZIP average piece weight for the entire * * * * * Code on mail (see M031 for overseas mailing is used. The net weight of the [Revise heading of 4.0 to read as military mail). mailing is divided by the number of follows:] * * * * * pieces, and the resulting average single-
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piece weight is used to determine 5.2 Packaging and Labeling (2) Pieces weighing more than 1.92 whether the 125-piece or 15-pound Preparation sequence, package size, ounces must be prepared using the 15- minimum applies. and labeling: pound minimum. (2) The actual piece count or mail a. 5-digit (required); 10-piece b. For nonidentical-weight pieces, weight for each sack is used, if minimum; red Label 5 or optional mailers must apply either one of these documentation can be provided with endorsement line (OEL). methods: the mailing that shows for each sack the b. 3-digit (required); 10-piece (1) The minimum that applies to the number of pieces and the total weight. minimum; green Label 3 or OEL. average piece weight for the entire c. The accompanying postage c. ADC (required); 10-piece minimum; mailing is used. The net weight of the statement must indicate whether the pink Label A or OEL. mailing is divided by the number of 125-piece minimum, the 15-pound d. Mixed ADC (required); no pieces, and the resulting average single- minimum, or both minimums are minimum; tan Label X or OEL. piece weight is used to determine applied. whether the 125-piece or 15-pound 5.3 Packaging Exceptions 4.5 Drop Shipment minimum applies. Packaging is not required for irregular (2) The actual piece count or mail A mailer using Priority Mail or parcels under any of these conditions: weight for each sack is used, if Express Mail to drop ship Standard Mail a. The parcels are 1⁄2 inch thick or documentation can be provided with flat-size pieces may prepare sacks greater and placed in a sack to the same the mailing that shows for each sack the containing fewer than 125 pieces or less destination to which they would number of pieces and the total weight. than 15 pounds of mail. otherwise be packaged (e.g., in a 3-digit c. The accompanying postage 4.6 Sacking and Labeling sack rather than a 3-digit package). statement must indicate whether the b. The parcels are so large that 10 or 125-piece minimum, the 15-pound Preparation sequence, sack size, and fewer fill a sack. minimum, or both minimums are labeling: c. The parcels are in a 5-digit scheme applied. a. 5-digit (required); 125-piece or 15- or 5-digit sack containing both pound minimum; labeling: machinable and irregular parcels. Sacks 5.7 Drop Shipment (1) Line 1: city, state, and 5-digit ZIP containing both machinable and A mailer using Priority Mail or Code on mail (see M031 for overseas irregular parcels may not be prepared to Express Mail to drop ship Standard Mail military mail). other presort levels. irregular parcels may prepare sacks (2) Line 2: ‘‘STD FLTS 5D NON BC.’’ containing fewer than 125 pieces or less 5.4 Commingling Irregular Parcel b. 3-digit (required); 125-piece or 15- than 15 pounds of mail. pound minimum; labeling: Mailings (1) Line 1: L002, Column A. Business Mailer Support (BMS) (see 5.8 Sacking and Labeling (2) Line 2: ‘‘STD FLTS 3D NON BC.’’ G043 for address) may authorize the Preparation sequence, sack size, and c. Origin 3-digit(s) (required) and commingling of several permit imprint labeling: entry 3-digit(s) (optional); one-package mailings of irregular parcels to achieve a. 5-digit scheme (optional), as minimum (for origin or entry); labeling: a finer presort if the payment of proper applicable: (1) Line 1: L002, Column A. (1) Irregular parcels: 125-piece or 15- (2) Line 2: ‘‘STD FLTS 3D NON BC.’’ postage can be documented. BMS may d. ADC (required); 125-piece or 15- waive minimum quantity standards for pound minimum; labeling for Line 1, pound minimum; labeling: preparation of 5-digit and 3-digit presort L606; for Line 2, ‘‘STD IRREG 5D (1) Line 1: L004. destination packages if doing so results SCHEME’’ or ‘‘STD IRREG 5D SCH.’’ (2) Line 2: ‘‘STD FLTS ADC NON in a finer preparation of at least 50% of (2) Commingled machinable and BC.’’ the mail. irregular parcels: no minimum; labeling for Line 1, L606; for Line 2, ‘‘STD e. Mixed ADC (required); no 5.5 Loose Packing minimum; labeling: MACH–IRREG 5D SCH.’’ (1) Line 1: ‘‘MXD’’ followed by city, District managers may authorize loose b. 5-digit (required), as applicable: state, and ZIP Code of ADC serving 3- packing of unpackaged irregular parcels (1) Irregular parcels: 125-piece or 15- digit ZIP Code prefix of entry post office to fill Number 3 sacks if no parcels in pound minimum; labeling for Line 1, as shown in L004; if placed on an ASF a sack would be more finely sorted if city, state, and 5-digit ZIP Code on mail or BMC pallet under option in packaged. Parcels must be faced and (see M031 for overseas military mail); M045.3.2, L802. packed to remain oriented in transit. for Line 2, ‘‘STD IRREG 5D.’’ (2) Line 2: ‘‘STD FLTS NON BC The total weight of sacks containing (2) Commingled machinable and WKG.’’ such parcels may not exceed 70 pounds. irregular parcels: 10-pound minimum; [Redesignate current 5.0 as new 6.0 and Requests for loose packing must be labeling for Line 1, city, state, and 5- add new 5.0 to read as follows:] made in advance through the post office digit ZIP Code on mail (see M031 for of mailing. overseas military mail); for Line 2, ‘‘STD 5.0 PREPARATION—IRREGULAR MACH–IRREG 5D.’’ 5.6 Required Sacking PARCELS c. 3-digit (required); 125-piece or 15- Except as provided in 5.7, a sack must 5.1 Required Packaging pound minimum; labeling: be prepared when the quantity of mail (1) Line 1: L002, Column A. Except as provided in 5.3 and 5.5, for a required presort destination (2) Line 2: ‘‘STD IRREG 3D.’’ packaging is required before sacking. A reaches either 125 pieces or 15 pounds d. Origin 3-digit(s) (required) and package must be prepared when the of pieces, whichever occurs first, subject entry 3-digit(s) (optional); one-package quantity of addressed irregular parcels to these conditions: minimum (for origin or entry); labeling: for a required presort level reaches the a. For identical-weight pieces, mailers (1) Line 1: L002, Column A. required minimum package size. must apply these methods: (2) Line 2: ‘‘STD IRREG 3D.’’ Smaller volumes are not permitted (1) Pieces weighing 1.92 ounces (0.12 e. ADC (required); 125-piece or 15- except for mixed ADC packages and pound) or less must be prepared using pound minimum; labeling: packages prepared under 5.4. the 125-piece minimum. (1) Line 1: L603.
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(2) Line 2: ‘‘STD IRREG ADC.’’ 4.2 Sack Preparation (2) 5-digit: Line 1, city, state, and 5- f. Mixed ADC (required); no [Revise introductory text to read as digit ZIP Code on mail (see M031 for minimum; labeling: follows:] overseas military mail); Line 2, ‘‘PSVC (1) Line 1: ‘‘MXD’’ followed by city, Preparation sequence, sack size, and PARCELS 5D.’’ state, and ZIP Code of ADC serving 3- labeling: * * * * * digit ZIP Code prefix of entry post office as shown in L604. * * * * * M720 Bound Printed Matter [Revise 4.2a(1) to read as follows:] (2) Line 2: ‘‘STD IRREG WKG.’’ * * * * * (1) Line 1: city, state, and 5-digit ZIP 6.0 PREPARATION—MACHINABLE Code on mail (see M031 for overseas M722 Presorted Bound Printed Matter PARCELS military mail). * * * * * 6.1 5-Digit Sacks * * * * * [Revise heading of 2.0 to read as [Change at end of first sentence in 6.1 [Revise 4.2c(1) to read as follows:] follows:] ‘‘under 4.0’’ to ‘‘under 5.0.’’) (1) Line 1: city, state, and 5-digit ZIP 2.0 PREPARATION—FLATS Code on mail (see M031 for overseas * * * * * 2.1 Required Packaging [Revise heading of redesignated 6.2 to military mail). read as follows:] * * * * * [Add sentence to beginning of 2.1 to read as follows:] 6.2 Sacking and Labeling 5.0 PREPARATION—IRREGULAR PARCELS Packaging is required before * * * * * sacking.* * * * * * * * M620 Enhanced Carrier Route * * * * * Standard Mail 5.2 Sack Preparation [Revise heading of 2.2 to read as follows:] * * * * * [Revise introductory text to read as follows:] 2.2 Packaging and Labeling 3.0 PREPARATION—LETTER-SIZE PIECES Preparation sequence, sack size, and [Revise 2.2 to read as follows:] labeling: Preparation sequence and labeling: 3.1 Required Tray Preparation * * * * * a. 5-digit (required); red Label 5 or Preparation sequence, tray size, and [Revise 5.2a(1) to read as follows:] optional endorsement line (OEL). labeling (1) Line 1: city, state, and 5-digit ZIP b. 3-digit (required); green Label 3 or * * * * * Code on mail (see M031 for overseas OEL. c. ADC (required); pink Label A or [Revise 3.1a(1) to read as follows:] military mail). OEL. (1) Line 1: city, state, and 5-digit ZIP * * * * * d. Mixed ADC (required); tan Label X Code on mail (see M031 for overseas [Revise 5.2b(1) to read as follows:] or OEL. military mail). (1) Line 1: city, state, and 5-digit ZIP * * * * * * * * * * Code on mail (see M031 for overseas [Revise heading of 2.4 to read as [Revise 3.1b(1) to read as follows:] military mail). follows:] (1) Line 1: city, state, and 5-digit ZIP * * * * * 2.4 Sacking and Labeling Code on mail (see M031 for overseas M700 Package Services military mail). [Revise 2.4 to read as follows:] * * * * * M710 Parcel Post Preparation sequence and labeling: [Revise 3.1c(1) to read as follows:] * * * * * a. 5-digit (required); labeling: (1) Line 1: city, state, and 5-digit ZIP (1) Line 1: city, state, and 3-digit ZIP 2.0 DSCF RATE Code prefix shown in L002, Column A, Code on mail (see M031 for overseas that corresponds to 3-digit ZIP Code * * * * * military mail). (2) Line 2: ‘‘PSVC FLTS 5D NON BC.’’ prefix on mail. [Revise heading of 2.2 to read as follows:] b. 3-digit (required); labeling: * * * * * (1) Line 1: L002, Column A. [Revise heading of 3.2 to read as 2.2 Sacking and Labeling (2) Line 2: ‘‘PSVC FLTS 3D NON BC.’’ follows:] * * * * * c. SCF (optional); labeling: 3.2 Alternative Line 2 Information [Revise 2.2d to read as follows:] (1) Line 1: L005. (2) Line 2: ‘‘PSVC FLTS SCF NON [Revise 3.2 to read as follows:] d. 5-digit sack labeling: Line 1, use BC.’’ For trays containing nonbarcoded or city, state, and 5-digit ZIP Code on mail d. ADC (required); labeling: nonmachinable letter-size pieces, these (see M031 for overseas military mail); (1) Line 1: L004. Line 2 label designations are used in for Line 2, ‘‘PSVC PARCELS 5D.’’ (2) Line 2: ‘‘PSVC FLTS ADC NON place of ‘‘BC’’: * * * * * BC.’’ a. Trays containing nonbarcoded 3.0 DDU RATE e. Mixed ADC (required); labeling: machinable pieces: ‘‘MACH.’’ (1) Line 1: ‘‘MXD’’ followed by city, b. Trays containing nonmachinable The requirements for the DDU rate are state, and ZIP Code of ADC serving 3- pieces: ‘‘MAN.’’ as follows: digit ZIP Code prefix of entry post c. Trays containing simplified address * * * * * office, as shown in L004. pieces: ‘‘MAN.’’ [Revise 3.0e to read as follows:] (2) Line 2: ‘‘PSVC FLTS NON BC [Delete current 3.3 and 3.4.] e. Sacked mail must be labeled as WKG.’’ follows: [Delete current 2.5.] 4.0 PREPARATION—FLATS (1) 5-digit scheme: Line 1, L606; Line [Revise heading of 3.0 to read as * * * * * 2, ‘‘PSVC PARCELS 5D SCH.’’ follows:]
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3.0 PREPARATION—IRREGULAR (2) Line 2: ‘‘PSVC IRREG WKG.’’ a. 5-digit scheme (optional); labeling: PARCELS WEIGHING LESS THAN 10 [Delete current 3.5 and 3.6.] (1) Line 1: L606. POUNDS [Revise heading of 4.0 to read as (2) Line 2: ‘‘PSVC MACH 5D follows:] SCHEME’’ or ‘‘PSVC MACH 5D SCH.’’ 3.1 Required Packaging b. 5-digit (required); labeling: [Revise first sentence of 3.1 to read as 4.0 PREPARATION—IRREGULAR (1) Line 1: city, state, and 5-digit ZIP follows:] PARCELS WEIGHING 10 POUNDS OR Code on mail (see M031 for overseas Packaging is required before sacking, MORE military mail). except for pieces placed in 5-digit * * * * * (2) Line 2: ‘‘PSVC MACH 5D.’’ c. BMC (required); labeling: scheme and 5-digit sacks when such 4.2 Required Sacking (1) Line 1: L601. pieces are enclosed in an envelope, full- (2) Line 2: ‘‘PSVC MACH BMC.’’ length sleeve, full-length wrapper, or [Revise 4.2 by adding amended 4.5 to d. Mixed BMC (required); labeling: polybag and the minimum package size end of 4.2 to read as follows:] (1) Line 1: ‘‘MXD’’ followed by L601, is met.* * * * * * Sacking is not required for 5- Column B, information for BMC serving * * * * * digit packages when prepared for and 3-digit ZIP Code prefix of entry post [Revise heading of 3.2 to read as entered at DDU rates. Such packages office. follows:] may be bedloaded and may weigh up to (2) Line 2: ‘‘PSVC MACH WKG.’’ 40 pounds. 3.2 Packaging and Labeling [Redesignate current 5.4 and 5.5 as new [Revise heading of 4.3 to read as 5.3 and 5.4, respectively.] [Revise 3.2 to read as follows:] follows:] [Revise heading of new 5.3 to read as Preparation sequence and labeling: follows:] a. 5-digit (required); red Label 5 or 4.3 Sacking and Labeling optional endorsement line (OEL). [Revise 4.3 to read as follows:] 5.3 DMBC Rates—Required Sacking b. 3-digit (required); green Label 3 or Preparation sequence and labeling: * * * * * OEL. a. 5-digit scheme (optional); labeling: [Revise heading of new 5.4 to read as c. ADC (required); pink Label A or (1) Line 1: L606. follows:] OEL. (2) Line 2: ‘‘PSVC IRREG 5D d. Mixed ADC (required); tan Label X SCHEME’’ or ‘‘PSVC IRREG 5D SCH.’’ 5.4 DBMC Rates—Sacking and or OEL. b. 5-digit (required); labeling: Labeling 3.3 Required Sacking (1) Line 1: city, state, and 5-digit ZIP [Revise new 5.4 by combining with Code on mail (see M031 for overseas current 5.6 to read as follows:] [Revise 3.3 by adding current 3.6 before military mail). Preparation sequence and labeling: last sentence of introductory text to read (2) Line 2: ‘‘PSVC IRREG 5D.’’ as follows:] a. 5-digit scheme (optional); labeling: c. 3-digit (required); labeling: (1) Line 1: L606. * * * Sacking is not required for 5- (1) Line 1: L002, Column A. (2) Line 2: ‘‘PSVC MACH 5D digit packages when prepared for and (2) Line 2: ‘‘PSVC IRREG 3D.’’ SCHEME’’ or ‘‘PSVC MACH 5D SCH.’’ entered at DDU rates. Such packages d. SCF (optional); labeling: b. 5-digit (required); labeling: may be bedloaded and may weigh up to (1) Line 1: L005. (1) Line 1: city, state, and 5-digit ZIP 40 pounds.* * * (2) Line 2: ‘‘PSVC IRREG SCF.’’ Code on mail (see M031 for overseas * * * * * e. ADC (required); labeling: military mail). [Revise heading of 3.4 to read as (1) Line 1: L004. (2) Line 2: ‘‘PSVC MACH 5D.’’ follows:] (2) Line 2: ‘‘PSVC IRREG ADC.’’ c. ASF (optional, allowed only for f. Mixed ADC (required); labeling: mail deposited at an ASF to claim 3.4 Sacking and Labeling (1) Line 1: ‘‘MXD’’ followed by city, DBMC rate); labeling: [Revise 3.4 to read as follows:] state, and ZIP Code of ADC serving 3- (1) Line 1: L602. DBMC rate eligibility Preparation sequence and labeling: digit ZIP Code prefix of entry post determined by E752 and Exhibit a. 5-digit scheme (optional); labeling: office, as shown in L004. E751.1.3. (1) Line 1: L606. (2) Line 2: ‘‘PSVC IRREG WKG.’’ (2) Line 2: ‘‘PSVC MACH ASF.’’ (2) Line 2: ‘‘PSVC IRREG 5D [Delete current 4.4 and 4.5.] d. BMC (required); labeling: SCHEME’’ or ‘‘PSVC IRREG 5D SCH.’’ (1) Line 1: L601. DBMC rate eligibility [Revise heading of 5.0 to read as determined by E752 and Exhibit b. 5-digit (required); labeling: follows:] (1) Line 1: city, state, and 5-digit ZIP E751.1.3. Code on mail (see M031 for overseas 5.0 PREPARATION—MACHINABLE (2) Line 2: ‘‘PSVC MACH BMC.’’ military mail). PARCELS e. Mixed BMC (required); labeling: (2) Line 2: ‘‘PSVC IRREG 5D.’’ (1) Line 1: ‘‘MXD’’ followed by c. 3-digit (required); labeling: [Revise heading of 5.1 to read as information in L601, Column B, for (1) Line 1: L002, Column A. follows:] BMC serving 3-digit ZIP Code prefix of (2) Line 2: ‘‘PSVC IRREG 3D.’’ 5.1 DBMC Rates Not Claimed— entry post office. d. SCF (optional); labeling: Required Sacking (2) Line 2: ‘‘PSVC MACH WKG.’’ (1) Line 1: L005. [Delete current 5.6.] (2) Line 2: ‘‘PSVC IRREG SCF.’’ * * * * * e. ADC (required); labeling: [Revise heading of 5.2 to read as M723 Carrier Route Bound Printed (1) Line 1: L004. follows:] Matter (2) Line 2: ‘‘PSVC IRREG ADC.’’ 5.2 DBMC Rates Not Claimed— * * * * * f. Mixed ADC (required); labeling: Sacking and Labeling [Revise heading of 2.0 to read as (1) Line 1: ‘‘MXD’’ followed by city, follows:] state, and ZIP Code of ADC serving 3- [Revise 5.2 by combining with current digit ZIP Code prefix of entry post 5.3 to read as follows:] 2.0 PREPARATION—FLATS office, as shown in L004. Preparation sequence and labeling: * * * * *
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2.3 Sack Preparation c. ADC (required); 10-piece minimum; 3.3 Required Sacking * * * * * pink Label A or OEL. * * * * * [Revise 2.3a to read as follows:] d. Mixed ADC (required); no [Revise heading of 3.4 to read as minimum; tan Label X or OEL. a. Carrier route: required; for Line 1, follows:] [Revise heading of 2.3 to read as use city, state, and 5-digit ZIP Code on 3.4 Sacking and Labeling mail (see M031 for overseas military follows:] [Revise introductory text to read as mail). 2.3 Required Sacking follows:] * * * * * * * * * * [Revise heading of 3.0 to read as Preparation sequence and labeling: [Revise heading of 2.4 to read as follows:] * * * * * follows:] [Revise 3.4b(1) to read as follows:] 3.0 PREPARATION—IRREGULAR 2.4 Sacking and Labeling PARCELS WEIGHING LESS THAN 10 (1) Line 1: use city, state, and 5-digit POUNDS [Revise introductory text of 2.4 to read ZIP Code on mail (see M031 for overseas as follows:] military mail). * * * * * Preparation sequence, sack size, and * * * * * 3.3 Sack Preparation labeling: 4.0 PREPARATION—MACHINABLE * * * * * * * * * * PARCELS [Revise 3.3a to read as follows:] [Revise 2.4a(1) to read as follows:] [Revise heading of 4.1 to read as a. Carrier route: required; for Line 1, (1) Line 1: use city, state, and 5-digit follows:] use city, state, and 5-digit ZIP Code on ZIP Code on mail (see M031 for overseas mail (see M031 for overseas military military mail). 4.1 Required Sacking mail). * * * * * * * * * * * * * * * [Revise heading of 4.2 to read as [Revise heading of 4.0 to read as 3.0 PREPARATION—IRREGULAR follows:] follows:] PARCELS 4.2 Sacking and Labeling [Revise heading of 3.1 to read as 4.0 PREPARATION—IRREGULAR follows:] [Revise introductory text to read as PARCELS WEIGHING 10 POUNDS OR follows:] MORE 3.1 Required Packaging Preparation sequence and labeling: * * * * * [Replace first sentence of 3.1 with * * * * * [Revise heading of 5.0 to read as following text to read as follows:] [Revise 4.2b(1) to read as follows:] follows:] A package must be prepared when the (1) Line 1: use city, state, and 5-digit 5.0 PREPARATION—MACHINABLE quantity of addressed pieces for a ZIP Code on mail (see M031 for overseas PARCELS required presort level reaches a military mail). minimum of 10 pieces. Smaller volumes * * * * * * * * * * are not permitted except for mixed ADC M730 Media Mail packages. Packaging is not required for M740 Library Mail pieces placed in 5-digit scheme sacks * * * * * * * * * * and 5-digit sacks when such pieces are 2.0 PREPARATION—FLATS enclosed in an envelope, full-length 2.0 PREPARATION—FLATS sleeve, full-length wrapper, or polybag [Revise heading of 2.1 to read as [Revise heading of 2.1 to read as and the minimum package volume is follows:] follows:] met.* * * 2.1 Required Packaging * * * * * 2.1 Required Packaging [Revise second sentence in 2.1 to read [Revise heading of 3.2 to read as [Revise second sentence in 2.1 to read as follows:] follows:] as follows:] * * * Smaller volumes are not 3.2 Packaging and Labeling * * * Smaller volumes are not permitted except for mixed ADC permitted except for mixed ADC packages.* * * [Revise 3.2 and change in 3.2a ‘‘red packages.* * * Label D’’ to ‘‘red Label 5’’ and in 3.2d * * * * * * * * * * ‘‘tan Label MXD’’ to ‘‘tan Label X’’ to [Revise heading of 2.2 to read as [Revise heading of 2.2 to read as read as follows:] follows:] follows:] Preparation sequence, package size, 2.2 Packaging and Labeling and labeling: 2.2 Packaging and Labeling [Revise 2.2 and change in 2.2a ‘‘red a. 5-digit (optional, but required for 5- [Revise 2.2 and change in 2.2a ‘‘red Label D’’ to ‘‘red Label 5’’ and in 2.2d digit rate eligibility); 10-piece Label D’’ to ‘‘red Label 5’’ and in 2.2d ‘‘tan Label MXD’’ to ‘‘tan Label X’’ to minimum; red Label 5 or optional ‘‘tan Label MXD’’ to ‘‘tan Label X’’ to read as follows:] endorsement line (OEL). read as follows:] Preparation sequence, package size, b. 3-digit (required); 10-piece Preparation sequence, package size, and labeling: minimum; green Label 3 or OEL. and labeling: a. 5-digit (optional, but required for 5- c. ADC (required); 10-piece minimum; a. 5-digit (optional, but required for 5- digit rate eligibility); 10-piece pink Label A or OEL. digit rate eligibility); 10-piece minimum; red Label 5 or optional d. Mixed ADC (required); no minimum; red Label 5 or optional endorsement line (OEL). minimum; tan Label X or OEL. endorsement line (OEL). b. 3-digit (required); 10-piece [Revise heading of 3.3 to read as b. 3-digit (required); 10-piece minimum; green Label 3 or OEL. follows:] minimum; green Label 3 or OEL.
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c. ADC (required); 10-piece minimum; 3.3 Required Sacking 4.1 Packaging and Labeling pink Label A or OEL. * * * * * [Change in 4.1b ‘‘red Label D’’ to ‘‘red d. Mixed ADC (required); no [Revise heading of 3.4 to read as Label 5’’; change in 4.1e ‘‘tan Label minimum; tan Label X or OEL. follows:] MXD’’ to ‘‘tan Label X’’.] [Revise heading of 2.3 to read as [Revise heading of 4.2 to read as 3.4 Sacking and Labeling follows:] follows:] 2.3 Required Sacking [Revise introductory text to read as follows:] 4.2 Sacking and Labeling * * * * * Preparation sequence and labeling: * * * * * [Revise heading of 2.4 to read as [Revise 4.2b(1) to read as follows:] * * * * * follows:] (1) Line 1: city, state, and 5-digit ZIP [Revise 3.4b(1) to read as follows:] 2.4 Sacking and Labeling Code on mail (see M032 for overseas (1) Line 1: use city, state, and 5-digit military mail). [Revise introductory text to read as ZIP Code on mail (see M031 for overseas * * * * * follows:] military mail). Preparation sequence, sack size, and * * * * * 5.0 STANDARD MAIL labeling: 4.0 PREPARATION—MACHINABLE [Revise heading of 5.1 to read as * * * * * PARCELS follows:] [Revise 2.4a(1) to read as follows:] 5.1 Packaging and Labeling (1) Line 1: use city, state, and 5-digit [Revise heading of 4.1 to read as ZIP Code on mail (see M031 for overseas follows:] [Change in 5.1b(1) and 5.1b(2) ‘‘red Label D’’ to ‘‘red Label 5’’; change in military mail). 4.1 Required Sacking 5.1e ‘‘tan Label MXD’’ to ‘‘tan Label X’’.] * * * * * * * * * * * * * * * 3.0 PREPARATION—IRREGULAR [Revise heading of 4.2 to read as [Revise heading of 5.3 to read as PARCELS follows:] follows:] [Revise heading of 3.1 to read as 4.2 Sacking and Labeling 5.3 Sacking and Labeling follows:] [Revise introductory text to read as * * * * * 3.1 Required Packaging follows:] [Revise 5.3b(1) to read as follows:] [Replace first sentence of 3.1 with Preparation sequence and labeling: (1) Line 1: city, state, and 5-digit ZIP following text to read as follows:] * * * * * Code on mail (see M032 for overseas A package must be prepared when the [Revise 4.2b(1) to read as follows:] military mail). quantity of addressed pieces for a (1) Line 1: use city, state, and 5-digit * * * * * required presort level reaches a ZIP Code on mail (see M031 for overseas 6.0 BOUND PRINTED MATTER minimum of 10 pieces. Smaller volumes military mail). [Revise heading of 6.1 to read as are not permitted except for mixed ADC * * * * * packages. Packaging is not required for follows:] pieces placed in 5-digit scheme sacks M800 All Automation Mail 6.1 Packaging and Labeling and 5-digit sacks when such pieces are * * * * * [Change in 6.1b ‘‘red Label D’’ to ‘‘red enclosed in an envelope, full-length M820 Flat-Size Mail Label 5’’; change in 6.1e ‘‘tan Label sleeve, full-length wrapper, or polybag MXD’’ to ‘‘tan Label X’’.] and the minimum package volume is * * * * * [Revise heading of 6.2 to read as met.* * * 2.0 FIRST-CLASS MAIL—REQUIRED follows:] * * * * * PACKAGE-BASED PREPARATION [Revise heading of 3.2 to read as 6.2 Sacking and Labeling follows:] [Revise heading of 2.1 to read as * * * * * follows:] 3.2 Packaging and Labeling [Revise 6.2b(1) to read as follows:] 2.1 Packaging and Labeling (1) Line 1: city, state, and 5-digit ZIP [Revise 3.2 and change in 3.2a ‘‘red Code on mail (see M032 for overseas [Change in 2.1a ‘‘red Label D’’ to ‘‘red Label D’’ to ‘‘red Label 5’’ and in 3.2d military mail). ‘‘tan Label MXD’’ to ‘‘tan Label X’’ to Label 5’’; change in 2.1d ‘‘tan Label read as follows:] MXD’’ to ‘‘tan Label X’’.] * * * * * Preparation sequence, package size, [Revise heading of 2.2 to read as M900 Advanced Preparation Options and labeling: follows:] for Flats a. 5-digit (optional, but required for 5- 2.2 Traying and Labeling M910 Co-Traying and Co-Sacking digit rate eligibility); 10-piece Packages of Automation and Presorted * * * * * minimum; red Label 5 or optional Mailings endorsement line (OEL). [Revise 2.2a(1) to read as follows:] b. 3-digit (required); 10-piece (1) Line 1: city, state, and 5-digit ZIP * * * * * minimum; green Label 3 or OEL. Code on mail (see M032 for overseas 4.0 BOUND PRINTED MATTER c. ADC (required); 10-piece minimum; military mail). 4.1 Basic Standards pink Label A or OEL. * * * * * d. Mixed ADC (required); no [Change in first sentence of 4.1 minimum; tan Label X or OEL. 4.0 PERIODICALS ‘‘Effective September 1, 2003, packages’’ [Revise heading of 3.3 to read as [Revise heading of 4.1 to read as to ‘‘Packages’’.] follows:] follows:] * * * * *
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4.4 Sack Preparation and Labeling ENVIRONMENTAL PROTECTION instructions described in Part IV of the * * * * * AGENCY SUPPLEMENTARY INFORMATION section. [Revise 4.4a(1) to read as follows:] Copies of the documents relevant to this 40 CFR Part 52 action are available for public (1) Line 1: city, state, and 5-digit ZIP inspection during normal business Code destination (see M031 for overseas [PA203–4209a; FRL–7570–7] hours at the Air Protection Division, military mail). Approval and Promulgation of Air U.S. Environmental Protection Agency, * * * * * Quality Implementation Plans; Region III, 1650 Arch Street, M950 Co-Packaging Automation Rate Pennsylvania; VOC and NOX RACT Philadelphia, Pennsylvania 19103; and and Presorted Rate Pieces Determinations for Five Individual the Pennsylvania Department of Sources Environmental Resources, Bureau of Air 1.0 FIRST-CLASS MAIL Quality Control, P.O. Box 8468, 400 AGENCY: Environmental Protection * * * * * Market Street, Harrisburg, Pennsylvania Agency (EPA). 17105. 1.2 Package Preparation ACTION: Direct final rule. FOR FURTHER INFORMATION CONTACT: [Change in 1.2a ‘‘red Label D’’ to ‘‘red Rose SUMMARY: EPA is taking direct final Label 5’’; change in 1.2d ‘‘tan Label Quinto at (215) 814–2182, or via e-mail action to approve revisions to the at [email protected]. MXD’’ to ‘‘tan Label X’’.] Commonwealth of Pennsylvania’s State * * * * * Implementation Plan (SIP). The SUPPLEMENTARY INFORMATION: 2.0 PERIODICALS revisions were submitted by the I. Background Pennsylvania Department of * * * * * Environmental Protection (PADEP) to Pursuant to sections 182(b)(2) and 2.2 Package Preparation establish and require reasonably 182(f) of the CAA, the Commonwealth available control technology (RACT) for of Pennsylvania (the Commonwealth or [Change in 2.2c ‘‘red Label D’’ to ‘‘red five major sources of volatile organic Pennsylvania) is required to establish Label 5’’; change in 2.2f ‘‘tan Label compounds (VOC) and nitrogen oxides and implement RACT for all major VOC MXD’’ to ‘‘tan Label X’’.] (NOX) located in Pennsylvania. EPA is and NOX sources. The major source size * * * * * approving these revisions to establish is determined by its location, the 3.0 STANDARD MAIL RACT requirements in the SIP in classification of that area, and whether accordance with the Clean Air Act it is located in the ozone transport * * * * * (CAA). region (OTR). Under section 184 of the 3.2 Package Preparation DATES: This rule is effective on CAA, RACT, as specified in sections 182(b)(2) and 182(f) applies throughout [Change in 3.2b all instances of ‘‘red December 16, 2003, without further notice, unless EPA receives adverse the OTR. The entire Commonwealth is Label D’’ to ‘‘red Label 5’’; change in located within the OTR. Therefore, 3.2e ‘‘tan Label MXD’’ to ‘‘tan Label X’’.] written comment by November 17, 2003. If EPA receives such comments, it RACT is applicable statewide in * * * * * will publish a timely withdrawal of the Pennsylvania. 4.0 BOUND PRINTED MATTER direct final rule in the Federal Register II. Summary of the SIP Revision * * * * * and inform the public that the rule will not take effect. On February 4, 2003, PADEP 4.2 Package Preparation ADDRESSES: Comments may be submitted formal revisions to its SIP to [Change in 4.2b ‘‘red Label D’’ to ‘‘red submitted either by mail or establish and impose case-by-case RACT Label 5’’; change in 4.2e ‘‘tan Label electronically. Written comments for several major sources of VOC and MXD’’ to ‘‘tan Label X’’.] should be mailed to Makeba Morris, NOX. This rulemaking pertains to five of Chief, Air Quality Planning Branch, those sources. The other sources are * * * * * subject to separate rulemaking actions. An appropriate amendment to 39 CFR Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 The RACT determinations and 111 to reflect these changes will be requirements in this SIP revision are published. Arch Street, Philadelphia, Pennsylvania 19103. Electronic comments should be included in operating permits (OP) Neva R. Watson, sent either to [email protected] or issued by PADEP. Attorney, Legislative, Office of Legal Policy to http://www.regulations.gov, which is The following table identifies the and Ratemaking. an alternative method for submitting individual operating permit that EPA is [FR Doc. 03–26299 Filed 10–16–03; 8:45 am] electronic comments to EPA. To submit approving for each source located in BILLING CODE 7710–12–P comments, please follow the detailed Pennsylvania.
VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Major source Source County Op No. Source type pollutant
Keystone Carbon Company ...... Elk ...... OP 24–016 .... Powder Metal Parts Manufacturing VOC Mack Trucks, Inc...... Northampton ...... 39–0004 ...... Heavy Duty Trucks Assembly ...... VOC & NOX Owens-Brockway Glass Container, Jefferson ...... OP 33–033 .... Glass Melting ...... NOX Inc. Resilite Sports Products, Inc...... Northumberland ...... OP–49–0003 Wrestling Mat Manufacturing Oper- VOC ations. Westfield Tanning Company ...... Tioga ...... OP–59–0008 Leather Manufacturing ...... VOC
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A. Keystone Carbon Company one (1) Detroit series 92 engine which coatings used by the cab coating Keystone Carbon Company operates a are limited to an annual capacity factor operation, and to record on a daily basis powder metal parts and self-lube of less than five percent, or (b) an all coatings and any VOC solvent or bearings manufacturing facility located emergency standby engine operating thinner usage. These data are to be in Elk County, Pennsylvania and is less than 500 hours in a consecutive 12- submitted to PADEP in an approved considered a major source of VOC. In month period. These sources shall be format on a quarterly basis within 30 this instance, RACT has been operated and maintained in accordance days after the end of the quarter. established and imposed by PADEP in with good air pollution control (f) The facility is required to record an operating permit. On February 4, practices. The permit contains a NOX the quantity and identify all VOC 2003, PADEP submitted operating RACT emission limit of 441 gallons fuel solvents used for clean up purposes for permit No. OP 24–016 to EPA as a SIP oil/hour/boiler for the three (3) 67.1 the entire plant facility on an annual revision. The permit lists the following MMBTU/hour cleaner Brooks boilers. basis and submitted to PADEP in an sources and their respective control The permit also contains a VOC RACT approved format within 90 days after devices: (1) Powder blending process— emission limit for clean-up solvent the end of the year. (g) The maximum VOC emissions methanol condensation system, (2) usage, 91.0 tons per year, for the entire limit from the undercoat operation is sintering ovens—pilot light (flare), (3) facility. All cleaning operations are 153.5 pounds per day and 19.2 tons per primary processing (hot forming)—0.08 required to store new and used cleaning year based on coating usage. pounds methanol/pound hot formed solvents in closed containers. A record (h) The maximum coating usage for product, (4) heat treating (three of the quantity and identity of all VOC the undercoat operation is 50 gallons tempering furnaces)—thermal oxidizers, solvents used in clean-up operations for the entire facility are required to be per day and 12,500 gallons per year. (5) heat treating (two draw furnaces)— (i) The limit for all coatings for the electrostatic precipitator, (6) heat recorded on an annual basis. These records shall be submitted to PADEP, in undercoating operation is 3.07 pounds treating (two induction hardening VOC per gallon. machines)—electrostatic precipitator, an approved format, within 90 days after the end of the year. (j) The facility is required to keep on and (7) miscellaneous plant heating hand chemical composition data for all units. The permit contains a The VOC RACT for the facility is regulated by source and listed below: coatings used by the undercoat requirement for the facility to operation, and to record on a daily basis implement the RACT plan as defined in 1. Small Parts/Oven (39–318–088) all coatings and any VOC solvent or 25 Pa. Code Chapter 129 section 129.91. (a) The operation of this source is thinner usage. These data are to be The permit also contains a requirement limited to 12,500 trucks per year. submitted to PADEP in an approved to maintain and operate facility (b) The maximum VOC emissions format on a quarterly basis within 30 degreasers (sealing and parts cleaning) limit from this source is 175.0 pounds days after the end of the quarter. in accordance with 25 Pa. Code Chapter per day and 21.9 tons per year based on 3. Final Touch-Up Paint Spray Booth 129 section 129.63. In addition, the coating usage. permit contains the primary processing (c) The maximum coating usage for and Oven (39–318–091) methanol (MeOH) emission limit of 0.08 this source is 50 gallons per day and (a) The operation of this source is pounds per pound of hot formed part 12,500 gallons per year. limited to 50 trucks per day, 250 trucks produced. Records shall be maintained (d) The limit for all coatings used in per week and 12,500 trucks per year. for the methanol usage and hot formed this source shall not exceed an in-line (b) The maximum VOC emissions parts produced. Records shall also be average of 3.5 pounds per gallon minus limit from this source is 87.5 pounds maintained in accordance with 25 Pa. water for any 24-hour period. per day and 10.9 tons per year based on Code Chapter 129 section 129.95 and (e) The facility is required to keep on coating usage. shall be made available to PADEP upon hand chemical composition data for all (c) The maximum coating usage from request. coatings used by this source, and to this source is 25 gallons per day and B. Mack Trucks, Inc. record on a daily basis all coatings and 6,250 gallons per year. any VOC solvent or thinner usage. (d) The limit for all coatings used in Mack Trucks, Inc., Macungie These data are to be submitted to this source shall not exceed an in-line Assembly facility is located in Lower PADEP in an approved format on a average of 3.5 pounds per gallon minus Macungie Township, Northampton quarterly basis within 30 days after the water for any 24-hour period. County, Pennsylvania. Heavy duty end of the quarter. (e) The facility is required to keep on trucks are assembled at the facility and hand chemical composition data for all it is considered a major source of VOC 2. Cab Color Spray Paint Booth/ coatings used by this source, and to and NOX. In this instance, RACT has Undercoat and Oven (39–318–090) record on a daily basis all coatings and been established and imposed by (a) The operation of this source is any VOC solvent or thinner usage. PADEP in an operating permit. On limited to 12,500 trucks per year. These data are to be submitted to February 4, 2003, PADEP submitted (b) The maximum VOC emissions PADEP in an approved format on a operating permit No. 39–0004 to EPA as limit from the cab operation is 612.5 quarterly basis within 30 days after the a SIP revision. This permit requires pounds per day and 76.6 tons per year end of the quarter. Mack Trucks, Inc. and any associated air based on coating usage. cleaning devices to be operated and (c) The maximum coating usage for 4. ‘‘O’’ Line Chassis Paint Spray Booth maintained in a manner consistent with the cab color operation is 175 gallons (39–318–092) good operating and maintenance per day and 43,750 gallons per year. (a) The operation of this source is practices. The permit lists the following (d) The limit for all coatings used in limited to 50 trucks per day, 250 trucks sources that are regulated under the this source shall not exceed an in-line per week and 12,500 trucks per year. Commonwealth’s presumptive RACT average of 3.5 pounds per gallon minus (b) The maximum VOC emissions requirements: (a) Four (4) 6-cylinder water for any 24-hour period. limit from this source is 87.5 pounds engines, two (2) Cummin series NT–85– (e) The facility is required to keep on per day and 10.9 tons per year based on 5–f2, one (1) Caterpillar series 3304 and hand chemical composition data for all coating usage.
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(c) The maximum coating usage for record on a daily basis all coatings and procedures and equipment, and this source is 25 gallons per day and any VOC solvent or thinner usage. additional applicable information 6,250 gallons per year. These data are to be submitted to regarding planned test protocol. In (d) The limit for all coatings used in PADEP, in an approved format, on a addition, at least two weeks prior to an in-line average for this source is 3.5 quarterly basis within 30 days after the testing, PADEP shall be informed of the pounds per gallon minus water for any end of the quarter. date and time of testing. Within 60 days 24-hour period. The facility shall maintain a file after the testing, two copies of the (e) The facility is required to keep on containing all records and other data complete test reports, including hand chemical composition data for all that are required to be collected, operational parameters, shall be coatings used by this source, and to pursuant to 25 Pa. Code Chapter 129 submitted to PADEP for approval. record on a daily basis all coatings and section 129.95, these records provide D. Resilite Sports Products, Inc. any VOC solvent or thinner usage. sufficient data and calculations to These data are to be submitted to clearly demonstrate the requirements of Resilite Sports Products, Inc. (Resilite) PADEP in an approved format on a 25 Pa. Code Chapter 129 sections operates a spray coating system for the quarterly basis within 30 days after the 129.91–4 are met. The file shall include, production of wrestling mats. The end of the quarter. but not be limited to: (1) Quality of fuel facility in Northumberland County, used on a daily basis, (2) total facility Pennsylvania is considered a major 5. ‘‘G’’ Line Chassis Paint Spray Booth VOC emission calculated on a monthly source of VOC. In this instance, RACT and Oven With ‘‘H’’ Chassis (39–318– basis (12-month rolling sum), and (3) all has been established and imposed by 093 and 39–318–095) air pollution control systems PADEP in an operating permit. On (a) The ‘‘G’’ and ‘‘H’’ line chassis performance evaluations and records of February 4, 2003, PADEP submitted paint booths and ovens are limited to a calibration checks, adjustments and operating permit No. OP–49–0003 to total of 12,500 trucks per year, this limit maintenance performed on all EPA as a SIP revision. This permit maybe distributed between either equipment which is subject to the requires Resilite and any associated air chassis line. operating permit. All measurements, cleaning devices to be operated and (b) The maximum VOC emissions records and other data required to be maintained in a manner consistent with limit from this source and the ‘‘H’’ line maintained by the facility shall be good operating and maintenance chassis paint spray booths and ovens are retained for at least two years following practices. The permit incorporates 1,455.5 pounds per day and 180.5 tons the date on which such measurements, RACT determinations as required by the per year based on coating usage. These records or data are recorded. If provisions of Title I of the CAA and 25 limits can be distributed between either requested by PADEP, the facility shall Pa. Code Chapter 129 sections 129.91 chassis line. perform a stack test in accordance with through 129.95 for the following (c) The maximum coating usage for the provisions of 25 Pa. Code Chapter wrestling mat manufacturing operations: these sources, are 413 gallons per day 139 within the time specified by (a) Adhesive application operations— and 103,125 gallons per year. These PADEP. one (1) spray booth and one (1) spray limits can be distributed between either station, (b) mat finish and cure C. Owens-Brockway Glass Container, operations—four (4) spray bays, (c) mat chassis line. Inc. (d) The limit coatings used in these reconditioning operations, (d) spray sources shall not exceed 3.5 pounds per Owens-Brockway Glass Container, equipment cleanup operations, (e) air gallon minus water for any 24-hour Inc. is a facility located in Jefferson stripper—remediation of contaminated period. County, Pennsylvania that processes groundwater, and (f) one (1) 16,800,000 (e) The facility is required to keep on glass containers and is considered a BTU per hour No. 2 fuel oil-fired hand chemical composition data for all major source of NOX. In this instance, Continental boiler. coatings used by these sources, and to RACT has been established and The permit contains a combined VOC record on a daily basis all coatings and imposed by PADEP in an operating emissions limit for all operations any VOC solvent or thinner usage. permit. On February 4, 2003, PADEP existing at this facility, other than the These data are to be submitted to submitted operating permit No. OP 33– air stripper and the boiler, of a total of PADEP, in an approved format, on a 033 to EPA as a SIP revision. The permit 1,575 tons for the period beginning quarterly basis within 30 days after the contains NOX emission limits for ‘‘A’’ upon the date of issuance of this permit end of the quarter. and ‘‘B’’ glass melting furnaces of 5.5 and ending three years from said date; pounds per ton per furnace of glass a total of 725 tons during any 6. Multi-Tone Paint Spray Booth and melted in the furnace. ‘‘A’’ and ‘‘B’’ consecutive 12-month period occurring Oven (39–318–094) glass melting furnaces shall be stack within the previously referenced three (a) The operation of this source is tested for NOX emissions on an annual year period, and a total of 425 tons limited to12,500 trucks per year. schedule (once per calendar year), during any consecutive 12-month (b) The maximum VOC emissions commencing no later than May 31, period occurring after the conclusion of limit from this source is 133 pounds per 1995. Stack testing shall be performed the previously referenced three year day and 16.4 tons per year based on in accordance with 25 Pa. Code Chapter period. The permit also contains the coating usage. 139 for NOX emissions from stationary following VOC limits: (a) 5.98 pounds (c) The maximum coating usage from sources. If, after three consecutive per gallon of adhesive (minus water), as this source shall not exceed 38 gallons annual tests, emission data consistently applied; (b) 6.83 pounds per gallon of per day and 9.375 gallons per year. shows compliance with established organic solvent-based mat coating (d) The limit coatings used in this RACT emission limits, the testing material (minus water), as applied; and source shall not exceed an in-line frequency may be altered as determined (c) 1.0 pound per gallon of water-based average of 3.5 pounds per gallon minus by PADEP. At least 30 days prior to mat coating material (minus water) as water for any 24-hour period. stack testing, a pretest protocol shall be applied. In addition, no equipment shall (e) The facility is required to keep on submitted to PADEP. The protocol shall be cleaned with VOC-containing hand chemical composition data for all include sampling port locations, solvents or cleaning materials other than coatings used by this source, and to specification of test methods, spray guns and spray gun components.
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The cleaning of all spray guns and spray the requirements of any applicable state leather splitting blades; and (7) sponge gun components shall consist of soaking and federal regulations. solution fungicide leather treatment. these items in closed containers of The permit contains recordkeeping The permit contains a maximum VOC cleaning solvents. Under no requirements pursuant to 25 Pa. Code emission limit from the leather tanning circumstance shall VOC containing Chapter 129 section 129.95. Resilite operation of 11.4 tons in any 12 solvents be sprayed into the shall keep accurate, comprehensive consecutive month period. The facility atmosphere. All containers of VOC records sufficient to demonstrate shall provide training to all employees containing adhesives, mat coating compliance with the RACT involved in handling of VOC-containing materials, and cleaning solvents shall be requirements specified in this permit materials associated with the leather kept closed except when transferring and shall, at a minimum, include the tanning operation. The training shall, at material into or out of the containers. following: (a) Identity and amount of a minimum, address the topics of VOC The permit contains potential to emit each adhesive used per month as well emission minimization techniques and VOC limits of three (3) pounds per hour, as identify and amount of any thinner good housekeeeping practices. The 15 pounds per day or 2.7 tons per year, added to the adhesive, (b) the mix ratio facility is required to maintain for the air stripper, and the Continental (gallons of thinner per gallon of comprehensive, accurate records for the boiler. A detailed RACT analysis which adhesive) for each batch of adhesive leather tanning operation in accordance meets the criteria specified in 25 Pa. used to which the thinner was added, with 25 Pa. Code Chapter 129 section Code Chapter 129 section 129.92, must (c) identity and amount of mat coating 129.95 which, at a minimum, shall be submitted to PADEP for each source material used per month as well as the include monthly usage records for all if any of these limits are exceeded. In identity and amount of any thinner VOC-containing materials associated addition, the Continental boiler is to be added to the mat coating material, (d) with the tanning operation. These fired on gas (natural or LP) or No. 2 fuel the mix ratio (gallons of thinner per records shall be retained for a minimum oil, to which there had been no gallon of coating material) for each of two years and made available to reclaimed, waste oil or other waste batch of coating material used to which PADEP upon request. material added. The facility shall, upon the thinner was added, and (e) gallons The leather waterproofing operation request by PADEP, provide fuel of groundwater processed through the requirements in the permit are pursuant analyses, or fuel samples, of the fuel air stripper per year as well as the VOC to the RACT provisions of 25 Pa. Code used in the boiler. concentration in the influent to the air Chapter 129 sections 129.91 through Resilite is required to maintain copies stripper, that is determined at least once 129.95, and the Best Available Control of manufacturer’s formulation or per calendar quarter. Technology provisions of 25 Pa. Code composition data sheets for all Chapter 127 sections 127.1 and 127.12. adhesives, mat coating materials, E. Westfield Tanning Company The permit contains a maximum VOC cleaning solvents, and other VOC- Westfield Tanning Company is a emissions limit from the leather containing materials used within the leather manufacturing facility located in waterproofing operation of 55 tons in previous two years and shall make this Tioga County, Pennsylvania and is any 12 consecutive month period. All if available to PADEP. These data sheets considered a major source of VOC. In materials added to each waterproofing are to contain all of the information this instance, RACT has been dip tank shall contain, in aggregate, no needed to determine compliance with established and imposed by PADEP in more than 5.5 pounds of VOC per the VOC emission limits. Resilite is also an operating permit. On February 4, gallon. Compliance is determined based required to maintain a mat 2003, PADEP submitted operating on a quarterly average VOC content to reconditioning/cleanup solvent log in permit No. OP–59–0008 to EPA as a SIP be calculated based on all material which the following data are recorded: revision. This permit requires Westfield additions to each tank in a given (a) Identification, quantities and dates of Tanning Company and any associated calendar quarter. All dip tanks shall be use of all VOC-containing solvents used air cleaning devices to be operated and kept closed when not in actual use. The for mat reconditioning; (b) maintained in a manner consistent with facility shall provide training to all identification, quantities and dates of all good operating and maintenance employees involved in the VOC-containing solvents used for practices. The permit incorporates waterproofing operation. The training cleanup of spray guns and spray gun RACT determinations as required by the shall, at a minimum, address the topics components; (c) identification, provisions of Title I of the CAA and 25 of VOC emission minimization quantities and dates of all VOC- Pa. Code Chapter 129 sections 129.91 techniques and good housekeeping containing solvents used for cleanup through 129.95 for the following practices. In addition, the wetting of purposes other than mat reconditioning sources: (1) Leather tanning operation cleaning rags associated with the and spray gun cleanup; and (d) consisting of the following: (a) tanning waterproofing operation shall be done quantities and dates of shipment for all solutions prep room, (b) tanning using a closed top cleanup solvent spent mat reconditioning solvent and solutions storage tank, and (c) tanning plunger cans and no waste cleanup cleanup solvent shipped offsite for vats; (2) leather waterproofing solvents, either in bulk or remaining in disposal or recycle. This information is operations consisting of the following: used remaining in used cleanup rags, to be retained for at least two years and (a) four 165 gallon custom designed shall be disposed of through made available to PADEP upon request. leather dip tanks (Tanks 1–4), (b) one evaporation. Resilite shall implement the 135 gallon custom designed leather dip The facility shall maintain ‘‘Employee Training Program’’ and tank (Tank 5), (c) one 475 gallon custom comprehensive, accurate records for the ‘‘Leak Detection and Maintenance designed leather dip tank (Tank 6), and leather waterproofing tanning operation Program’’ for all new and existing (d) one leather drying room; (3) two 750 in accordance with 25 Pa. Code Chapter Resilite employees involved in adhesive horsepower natural gas/No. 2 fuel oil 129 section 129.95 and the Best application, mat coating material fired Johnson boilers; (4) three Safety Available Technology provisions of 25 application, mat reconditioning and Kleen degreasing sinks; (5) a gasoline Pa. Code Chapter 127 sections 127.1 and spray equipment cleanup activities. storage consisting of a 250 gallon 127.12 which, at a minimum, shall This training will also address the capacity horizontal gasoline storage include the following with respect to requirements of this permit as well as vessel; (6) kerosene cleaning of the each waterproofing dip tank
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incorporated in the waterproofing III. EPA’s Evaluation of the SIP comment. Also include this contact operation to which diluents (thinners, Revisions information on the outside of any disk reducers, etc.) and/or any other VOC- EPA is approving these SIP submittals or CD ROM you submit, and in any containing material, other than dipping because the Commonwealth established cover letter accompanying the disk or compounds are added: (1) The types and imposed requirements in CD ROM. This ensures that you can be and amount of dipping compounds accordance with the criteria set forth in identified as the submitter of the added to each dip tank and the dates of SIP-approved regulations for imposing comment and allows EPA to contact you addition, and (2) the types and amounts RACT or for limiting a source’s potential in case EPA cannot read your comment due to technical difficulties or needs of any diluents and/or any other VOC- to emit. The Commonwealth has also further information on the substance of containing materials added to each dip imposed record-keeping, monitoring, your comment. EPA’s policy is that EPA tank and the dates of addition. For each and testing requirements on these will not edit your comment, and any sources sufficient to determine waterproofing dip tank incorporated in identifying or contact information compliance with these requirements. the waterproofing operation to which a provided in the body of a comment will dipping compound is added, the facility IV. Final Action be included as part of the comment that shall maintain records of the type and is placed in the official public docket, amounts of dipping compound added to EPA is approving revisions to the Commonwealth of Pennsylvania’s SIP and made available in EPA’s electronic the tank. In addition, the facility shall public docket. If EPA cannot read your also maintain separate records of all which establish and require RACT for the five major sources of VOC and NO comment due to technical difficulties cleanup solvents used in the X listed in this document. EPA is and cannot contact you for clarification, waterproofing operation. The records publishing this rule without prior EPA may not be able to consider your comment. generated for each calendar quarter shall proposal because we view this as a i. E-mail. Comments may be sent by be submitted to PADEP by no later than noncontroversial amendment and electronic mail (e-mail) to the thirtieth day of the month following anticipate no adverse comment. the respective calendar quarter. [email protected], attention: However, in the ‘‘Proposed Rules’’ PA203–4209. EPA’s e-mail system is not The permit contains a potential to section of today’s Federal Register, EPA an ‘‘anonymous access’’ system. If you emit VOC emission limits of 3 pounds is publishing a separate document that send an e-mail comment directly per hour, 15 pounds per day, or 2.7 tons will serve as the proposal to approve the without going through Regulations.gov, per year for the following sources: (1) SIP revision if adverse comments are EPA’s e-mail system automatically Two (2) Johnson boilers, (2) three (3) filed. This direct final rule will be captures your e-mail address. E-mail Safety Kleen degreasing sinks, (3) a 250 effective on December 16, 2003, without addresses that are automatically gallon capacity horizontal gasoline further notice unless we receive adverse captured by EPA’s e-mail system are storage vessel, (4) kerosene cleaning of comment by November 17, 2003. If EPA included as part of the comment that is the leather splitting blades, and (5) receives adverse comment, EPA will placed in the official public docket, and sponge solution fungicide leather publish a timely withdrawal in the made available in EPA’s electronic treatment. The two Johnson boilers are Federal Register informing the public public docket. to be fired only on gas (natural or LP) that the rule will not take effect. EPA ii. Regulations.gov. Your use of will address all public comments in a or No. 2 fuel oil to which no reclaimed Regulation.gov is an alternative method subsequent final rule based on the or waste oil or other waste materials of submitting electronic comments to proposed rule. EPA will not institute a have been added. The facility shall EPA. Go directly to http:// second comment period on this action. www.regulations.gov, then select provide fuel analyses or fuel samples of Any parties interested in commenting the fuel used by the two boilers upon ‘‘Environmental Protection Agency’’ at must do so at this time. Please note that the top of the page and use the ‘‘go’’ request by PADEP. if EPA receives adverse comment on an button. The list of current EPA actions The facility shall also maintain amendment, paragraph, or section of available for comment will be listed. comprehensive, accurate records for the this rule and if that provision may be Please follow the online instructions for following sources in accordance with 25 severed from the remainder of the rule, submitting comments. The system is an Pa. Code Chapter 129 section 129.95 EPA may adopt as final those provisions ‘‘anonymous access’’ system, which which, at a minimum, shall include the of the rule that are not the subject of an means EPA will not know your identity, following: (1) The amounts of natural adverse comment. e-mail address, or other contact gas and No. 2 fuel oil used, per calendar You may submit comments either information unless you provide it in the year, in each of the boilers, (2) the electronically or by mail. To ensure body of your comment. amount of degreasing solvent used and proper receipt by EPA, identify the iii. Disk or CD ROM. You may submit the amount of spent degreasing solvent appropriate rulemaking identification comments on a disk or CD ROM that shipped offsite, as liquid hazardous number PA203–4209 in the subject line you mail to the mailing address on the first page of your comment. waste, per calendar year, for the identified in the ADDRESSES section of Please ensure that your comments are degreasing sinks, (3) the amount of this document. These electronic submitted within the specified comment gasoline stored, per calendar year, in the submissions will be accepted in period. Comments received after the gasoline storage tank, (4) the amount of WordPerfect, Word or ASCII file format. close of the comment period will be Avoid the use of special characters and kerosene used, per calendar year, for marked ‘‘late.’’ EPA is not required to any form of encryption. cleaning the leather splitting blades, and consider these late comments. 2. By Mail. Written comments should (5) the amount of sponge solution 1. Electronically. If you submit an be addressed to the EPA Regional office fungicide used, per calendar year, in the electronic comment as prescribed listed in the ADDRESSES section of this leather treatment operation. The facility below, EPA recommends that you document. shall retain these records onsite for at include your name, mailing address, For public commenters, it is least two years and made available to and an e-mail address or other contact important to note that EPA’s policy is PADEP upon request. information in the body of your that public comments, whether
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submitted electronically or in paper, 6. Offer alternatives. and responsibilities established in the will be made available for public 7. Make sure to submit your Clean Air Act. This rule also is not viewing at the EPA Regional Office, as comments by the comment period subject to Executive Order 13045 EPA receives them and without change, deadline identified. ‘‘Protection of Children from unless the comment contains 8. To ensure proper receipt by EPA, Environmental Health Risks and Safety copyrighted material, confidential identify the appropriate regional file/ Risks’’ (62 FR 19885, April 23, 1997), business information (CBI), or other rulemaking identification number in the because it is not economically information whose disclosure is subject line on the first page of your significant. restricted by statute. When EPA response. It would also be helpful if you In reviewing SIP submissions, EPA’s identifies a comment containing provided the name, date, and Federal role is to approve state choices, copyrighted material, EPA will provide Register citation related to your provided that they meet the criteria of a reference to that material in the comments. the Clean Air Act. In this context, in the version of the comment that is placed in absence of a prior existing requirement V. Statutory and Executive Order for the State to use voluntary consensus the official public rulemaking file. The Reviews entire printed comment, including the standards (VCS), EPA has no authority copyrighted material, will be available A. General Requirements to disapprove a SIP submission for at the Regional Office for public Under Executive Order 12866 (58 FR failure to use VCS. It would thus be inspection. 51735, October 4, 1993), this action is inconsistent with applicable law for EPA, when it reviews a SIP submission, not a ‘‘significant regulatory action’’ and Submittal of CBI Comments to use VCS in place of a SIP submission therefore is not subject to review by the that otherwise satisfies the provisions of Do not submit information that you Office of Management and Budget. For the Clean Air Act. Thus, the consider to be CBI electronically to EPA. this reason, this action is also not requirements of section 12(d) of the You may claim information that you subject to Executive Order 13211, National Technology Transfer and submit to EPA as CBI by marking any ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. part or all of that information as CBI (if Significantly Affect Energy Supply, 272 note) do not apply. This rule does you submit CBI on disk or CD ROM, Distribution, or Use’’ (66 FR 28355, May not impose an information collection mark the outside of the disk or CD ROM 22, 2001). This action merely approves burden under the provisions of the as CBI and then identify electronically state law as meeting Federal within the disk or CD ROM the specific Paperwork Reduction Act of 1995 (44 requirements and imposes no additional U.S.C. 3501 et seq.). information that is CBI). Information so requirements beyond those imposed by marked will not be disclosed except in state law. Accordingly, the B. Submission to Congress and the accordance with procedures set forth in Administrator certifies that this rule Comptroller General 40 CFR part 2. will not have a significant economic In addition to one complete version of The Congressional Review Act, 5 impact on a substantial number of small the comment that includes any U.S.C. 801 et seq., as added by the Small entities under the Regulatory Flexibility information claimed as CBI, a copy of Business Regulatory Enforcement Act (5 U.S.C. 601 et seq.). Because this the comment that does not contain the Fairness Act of 1996, generally provides rule approves pre-existing requirements information claimed as CBI must be that before a rule may take effect, the under state law and does not impose submitted for inclusion in the official agency promulgating the rule must any additional enforceable duty beyond public regional rulemaking file. If you submit a rule report, which includes a that required by state law, it does not submit the copy that does not contain copy of the rule, to each House of the contain any unfunded mandate or CBI on disk or CD ROM, mark the Congress and to the Comptroller General significantly or uniquely affect small outside of the disk or CD ROM clearly of the United States. Section 804 governments, as described in the that it does not contain CBI. Information exempts from section 801 the following Unfunded Mandates Reform Act of 1995 not marked as CBI will be included in types of rules: (1) Rules of particular (Public Law 104–4). This rule also does the public file and available for public applicability; (2) rules relating to agency not have tribal implications because it inspection without prior notice. If you management or personnel; and (3) rules will not have a substantial direct effect have any questions about CBI or the of agency organization, procedure, or on one or more Indian tribes, on the procedures for claiming CBI, please practice that do not substantially affect relationship between the Federal consult the person identified in the FOR the rights or obligations of non-agency Government and Indian tribes, or on the FURTHER INFORMATION CONTACT section. parties. 5 U.S.C. 804(3). EPA is not distribution of power and required to submit a rule report Considerations When Preparing responsibilities between the Federal regarding today’s action under section Comments to EPA Government and Indian tribes, as 801 because this is a rule of particular You may find the following specified by Executive Order 13175 (65 applicability establishing source- suggestions helpful for preparing your FR 67249, November 9, 2000). This specific requirements for five named comments: action also does not have Federalism sources. implications because it does not have 1. Explain your views as clearly as C. Petitions for Judicial Review possible. substantial direct effects on the States, 2. Describe any assumptions that you on the relationship between the national Under section 307(b)(1) of the Clean used. government and the States, or on the Air Act, petitions for judicial review of 3. Provide any technical information distribution of power and this action must be filed in the United and/or data you used that support your responsibilities among the various States Court of Appeals for the views. levels of government, as specified in appropriate circuit by December 16, 4. If you estimate potential burden or Executive Order 13132 (64 FR 43255, 2003. Filing a petition for costs, explain how you arrived at your August 10, 1999). This action merely reconsideration by the Administrator of estimate. approves a state rule implementing a this final rule does not affect the finality 5. Provide specific examples to Federal standard, and does not alter the of this rule for the purposes of judicial illustrate your concerns. relationship or the distribution of power review nor does it extend the time
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within which a petition for judicial determinations for the sources listed in Ordering Clauses review may be filed, and shall not paragraph (c)(207)(i) of this section. Accordingly, pursuant to the postpone the effectiveness of such rule (B) [Reserved] authority contained in sections 4(i) and or action. This action approving the [FR Doc. 03–26191 Filed 10–16–03; 8:45 am] (5) of the Communications Act of 1934, Pennsylvania’s source-specific RACT BILLING CODE 6560–50–P as amended, and § 0.231(b) of the rules, requirements to control VOC and NOX part 0 of the rules is amended as set from five individual sources may not be forth in the rule changes. challenged later in proceedings to As the rule amendment adopted in enforce its requirements. (See section FEDERAL COMMUNICATIONS COMMISSION the Order pertains to agency 307(b)(2).) organization, procedure and practice, List of Subjects in 40 CFR Part 52 47 CFR Part 0 the notice and comment provision of the Administrative Procedure Act contained Environmental protection, Air [DA 03–2899] in 5 U.S.C. 553(b) is inapplicable. pollution control, Incorporation by The rule amendment set forth in the reference, Nitrogen dioxide, Ozone, Commission Organization rule changes will become effective Reporting and recordkeeping October 17, 2003. requirements, Volatile organic AGENCY: Federal Communications compounds. Commission. List of Subjects in 47 CFR Part 0 Dated: September 29, 2003. ACTION: Final rule. Organization and functions James W. Newsom, SUMMARY: This document revises part 0 (Government agencies). Acting Regional Administrator, Region III. of the Commission’s rules to update the Federal Communications Commission. ■ 40 CFR part 52 is amended as follows: geographical coordinate locations of the Andrew S. Fishel, Commission’s protected field Managing Director. PART 52—[AMENDED] installations where radio spectrum Rule Changes ■ 1. The authority citation for part 52 monitoring operations are conducted to continues to read as follows: add the Commission’s new Kenai, ■ For the reasons discussed in the Alaska monitoring facility. preamble, the Federal Communications Authority: 42 U.S.C. 7401 et seq. DATES: Effective October 17, 2003. Commission amends 47 CFR part 0 as Subpart NN—Pennsylvania FOR FURTHER INFORMATION CONTACT: follows: Kathy Berthot, Enforcement Bureau, ■ 2. Section 52.2020 is amended by Spectrum Enforcement Division, (202) PART 0—COMMISSION adding paragraph (c)(207) to read as 418–1160. ORGANIZATION follows: SUPPLEMENTARY INFORMATION: This is a ■ 1. The authority citation for Part 0 § 52.2020 Identification of plan. summary of the Order of the continues to read as follows: * * * * * Commission’s Managing Director, DA Authority: Secs. 5, 48 Stat. 1068, as (c) * * * 03–2899, adopted on September 23, amended; 47 U.S.C. 155. (207) Revisions pertaining to VOC and 2003, and released on September 24, 2003. The complete text of this Order is NOX RACT for major sources submitted § 0.121 [Amended] available for inspection and copying on February 4, 2003. ■ during normal business hours in the 2. Section 0.121 is amended by (i) Incorporation by reference. revising paragraph (b) to read as follows: (A) Letter submitted on February 4, FCC Reference Information Center, 445 * * * * * 2003 by the Pennsylvania Department of 12th Street, SW., Room CY–A257, (b) Protected field offices are located Environmental Protection transmitting Washington, DC 20554. In addition, the at the following geographical source-specific VOC and/or NO RACT complete text may be retrieved from the X coordinates (coordinates are referenced determinations, in the form of plan FCC’s Web site at www.fcc.gov. The text to North American Datum 1983 approvals or operating permits. may also be purchased from the (B) The following Operating Permits Commission’s duplicating contractor, (NAD83)): ° ′ ″ (OP): Qualex International, 445 12th Street, Allegan, Michigan, 42 36 20.1 N. (1) Keystone Carbon Company, Elk SW., Room CY–B402, Washington, DC Latitude, 85°57′20.1″ W. Longitude County, OP 24–016, effective May 15, 20554, telephone: (202) 863–2893. Anchorage, Alaska, 61° 09′41.0″ N. 1995. The Order amends § 0.121(b) of the Latitude, 150°00′03.0″ W. Longitude (2) Mack Trucks, Inc., Northampton rules to update the geographical Belfast, Maine, 44°26′42.3″ N. Latitude, County, 39–0004, effective May 31, coordinate locations of the 69°04′56.1″ W. Longitude 1995. Commission’s protected field Canandaigua, New York, 42°54′48.2″ N. (3) Owens-Brockway Glass Container, installations where radio spectrum Latitude, 77°15′57.9″ W. Longitude Inc., Jefferson County, OP 33–033, monitoring operations are conducted. Douglas, Arizona, 31°30′02.3″ N. effective March 27, 1995. Specifically, the Order adds the Latitude, 109°39′14.3″ W. Longitude (4) Resilite Sports Products, Inc., geographical coordinates of the Ferndale, Washington, 48°57′20.4″ N. Northumberland County, OP–49–0003, Commission’s new Kenai, Alaska Latitude, 122°33′17.6″ W. Longitude effective December 3, 1996. monitoring facility to the list of Grand Island, Nebraska, 40°55′21.0″ N. (5) Westfield Tanning Company, protected field installations set forth in Latitude, 98°25′43.2″ W. Longitude Tioga County, OP–59–0008, effective § 0.121(b) of the rules. These locations Kenai, Alaska, 60°43′26.0″ N. Latitude, November 27, 1996. are protected from harmful radio 151°20′15.0″ W. Longitude (ii) Additional Material. frequency interference to the Kingsville, Texas, 27°26′30.1″ N. (A) Other materials submitted by the Commission’s monitoring activities that Latitude, 97°53′01.0″ W. Longitude Commonwealth of Pennsylvania in could be produced by the proximity of Laurel, Maryland, 39°09′54.4″ N. support of and pertaining to the RACT any nearby radio transmitting facilities. Latitude, 76°49′15.9″ W. Longitude
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Livermore, California, 37°43′29.7″ N. SUPPLEMENTARY INFORMATION: This is a DEPARTMENT OF COMMERCE Latitude, 121°45′15.8″ W. Longitude synopsis of the Commission’s Report Powder Springs, Georgia, 33°51′44.4″ N. and Order, MM Docket No. 02–76, National Oceanic and Atmospheric Latitude, 84°43′25.8″ W. Longitude adopted September 25, 2003, and Administration Santa Isabel, Puerto Rico, 18°00′18.9″ N. released September 29, 2003. The full ° ′ ″ Latitude, 66 22 30.6 W. Longitude text of this Commission decision is 50 CFR Part 679 ° ′ ″ Vero Beach, Florida, 27 36 22.1 N. available for inspection and copying [Docket No. 021212307–3037–02; I.D. Latitude, 80°38′05.2″ W. Longitude ° ′ ″ during normal business hours in the 100703C] Waipahu, Hawai, 21 22 33.6 N. FCC’s Reference Information Center at Latitude, 157°59′44.1″ W. Longitude Portals II, 445 12th Street, SW., Room Fisheries of the Exclusive Economic [FR Doc. 03–26319 Filed 10–16–03; 8:45 am] CY–A257, Washington, DC 20554. The Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and BILLING CODE 6712–01–U document may also be purchased from Aleutian Islands Management Area the Commission’s duplicating contractor, Qualex International, Portals AGENCY: National Marine Fisheries FEDERAL COMMUNICATIONS II, 445 12th Street, SW., Room CY–B402, Service (NMFS), National Oceanic and COMMISSION Washington, DC 20554, telephone (202) Atmospheric Administration (NOAA), 47 CFR Part 73 863–2893, facsimile (202) 863–2898, or Commerce. via e-mail [email protected]. ACTION: Reallocation. [DA 03–2980; MM Docket No. 02–76; RM– 10405, RM–10499*] List of Subjects in 47 CFR Part 73 SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod Radio Broadcasting Services; Belle Radio, Radio broadcasting. from vessels using trawl, jig, and pot Haven, VA; Crisfield, MD; Exmore, ■ gear to vessels using hook-and-line in Nassawadox, and Poquoson, VA Part 73 of Title 47 of the Code of Federal Regulations is amended as the BSAI. These actions are necessary to AGENCY: Federal Communications follows: allow the 2003 total allowable catch Commission. (TAC) of Pacific cod to be harvested. ACTION: Final rule. PART 73—RADIO BROADCAST DATES: Effective October 14, 2003, until SERVICES 2400 hours, A.l.t., December 31, 2003. SUMMARY: In response to a Notice of FOR FURTHER INFORMATION CONTACT: ■ Proposed Rule Making, 67 FR 20485 1.The authority citation for Part 73 Andrew N Smoker, 907–586–7228. (April 25, 2002), this Report and Order reads as follows: SUPPLEMENTARY INFORMATION: NMFS allots Channel 250B1 to Belle Haven, Authority: 47 U.S.C. 154, 303, 334 and 336. Virginia, reallots Channel 241B from manages the groundfish fishery in the BSAI exclusive economic zone Cape Charles to Exmore, Virginia; § 73.202 [Amended] substitutes Channel 290A for 252A at according to the Fishery Management Nassawadox, Virginia, and substitutes ■ 2. Section 73.202(b), the Table of FM Plan for the Groundfish Fishery of the Channel 291A for Channel 291B at Allotments under Virginia, is amended Bering Sea and Aleutian Islands Area Exmore, Virginia, and reallots Channel by adding Belle Haven, Channel 250B1; (FMP) prepared by the North Pacific 291A to Poquoson, Virginia. It also by removing Cape Charles, Channel Fishery Management Council under provides Belle Haven and Poquoson, 241B; by removing Channel 291B and by authority of the Magnuson-Stevens Virginia, with their first local aural adding Channel 241B at Exmore; by Fishery Conservation and Management Act. Regulations governing fishing by transmission services. This document adding Nassawadox, Channel 290A; 1 U.S. vessels in accordance with the FMP dismisses the petition for rule making and by adding Poquoson, Channel 291A. filed by Bay Broadcasting, Inc. the appear at subpart H of 50 CFR part 600 Federal Communications Commission. licensee of Station WBEY(FM), and 50 CFR part 679. Crisfield, Maryland, to substitute John A. Karousos, The 2003 BSAI Pacific cod TAC was Channel 250A for Channel 245A at Assistant Chief, Audio Division, Media established by the final 2003 harvest Crisfield, Maryland. The coordinates for Bureau. specifications for groundfish in the Channel 250B1 at Belle Haven are 37– [FR Doc. 03–26318 Filed 10–16–03; 8:45 am] BSAI (68 FR 9907, March 3, 2003) as 191,938 metric tons (mt). Pursuant to 32–49 NL and 75–49–48 WL, with a site BILLING CODE 6712–01–P restriction of 1.1 kilometers (0.7 miles) § 679.20(a)(7)(i)(A), 3,893 mt was southwest of Belle Haven. The allocated to vessels using jig gear, coordinates for Channel 290A at 97,388 mt to vessels using hook-and- Nassawadox are 37–33–43 NL and 75– line or pot gear directed fishing 44–24 WL, with a site restriction of 14.3 allowance, and 90,211 mt to vessels kilometers (8.9 miles) northeast of using trawl gear. The share of the Pacific Nassawadox. The coordinates for cod TAC allocated to trawl gear was Channel 291A at Poquoson are 37–12– further allocated 50 percent to catcher 30 NL and 76–25–07 WL, with a site vessels and 50 percent to catcher/ restriction of 8 kilometers (4.9 miles) processor vessels (§ 679.20(a)(7)(i)(B)). north of Poquoson. The coordinates for The share of the Pacific cod TAC Channel 241B at Exmore are 37–18–02 allocated to hook-and-line or pot gear NL and 75–59–05 WL. was further allocated 80 percent to catcher/processor vessels using hook- DATES: Effective November 13, 2003. 1 Nassawadox and Channel 252A are not listed in the FM Table of Allotments under Virginia. and-line gear; 0.3 percent to catcher FOR FURTHER INFORMATION CONTACT: R. Channel 252A was allotted to Nassawadox in MM vessels using hook-and-line gear; 18.3 Barthen Gorman, Media Bureau, (202) Docket No. 97–189. See 63 FR 45012, August 24, percent to vessels using pot gear; and 418–2180. 1998. 1.4 percent to catcher vessels less than
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60 ft LOA that use either hook-and-line mt of Pacific cod allocated to vessels U.S.C. 553(b)(B) as such requirement is or pot gear (§ 679.20(a)(7)(i))). using pot gear to vessels using hook- impracticable and contrary to the public As of September 27, 2003, the and-line gear. interest. This requirement is Administrator, Alaska Region, NMFS In accordance with impracticable and contrary to the public (Regional Administrator), has § 679.20(a)(7)(ii)(C)(1), 200 mt of the interest as it would prevent the Agency determined that trawl catcher/ combined reallocation of unused Pacific from responding to the most recent processors will not be able to harvest cod from trawl, jig and pot gear is fisheries data in a timely fashion and 11,000 mt and trawl catcher vessels will apportioned to catcher vessels using would delay the reallocation of the not be able to harvest 6,000 mt of Pacific hook-and-line gear. Pacific cod TAC, thus preventing full cod allocated to those vessels under The harvest specifications for Pacific utilization of the TAC and reducing the 679.20(a)(7)(i)(B). Therefore, in cod included in the harvest public’s ability to use and enjoy the accordance with § 679.20(a)(7)(ii)), specifications for groundfish in the fishery resource. NMFS apportions 17,000 mt of Pacific BSAI (68 FR 9907, March 3, 2003) are The AA also finds good cause to cod from trawl gear to vessels using revised as follows: 293 mt to vessels waive the 30–day delay in the effective hook-and-line gear. using jig gear, 98,811 mt to catcher date of this action under 5 U.S.C. The Regional Administrator has processor vessels using hook-and-line 553(d)(3). This finding is based upon determined that vessels using jig gear gear, 492 mt to catcher vessels using the reasons provided above for waiver of will not harvest 3,600 mt of their Pacific hook-and-line gear, 17,322 mt to vessels prior notice and opportunity for public cod allocation by the end of the year. using pot gear, 34,105 mt to trawl comment. Therefore, in accordance with catcher/processors, and 39,105 mt to § 679.20(a)(7)(ii)), NMFS is reallocating trawl catcher vessels. This action is taken under 50 CFR the unused amount of 3,600 mt of 679.20 and is exempt from OMB review Pacific cod allocated to vessels using jig Classification under Executive Order 12866. gear to vessels using hook-and-line gear. This action responds to the best Authority: 16 U.S.C. 1801 et seq. The Regional Administrator has available information recently obtained determined that vessels using pot gear from the fishery. The Assistant Dated: October 10, 2003. will not be able to harvest 500 mt of Administrator for Fisheries, NOAA, Bruce C. Morehead, their Pacific cod allocation by the end (AA), finds good cause to waive the Acting Director, Office of Sustainable of the year. Therefore, in accordance requirement to provide prior notice and Fisheries, National Marine Fisheries Service. with § 679.20(a)(7)(ii)), NMFS is opportunity for public comment [FR Doc. 03–26294 Filed 10–14–03; 2:35 pm] reallocating the unused amount of 500 pursuant to the authority set forth at 5 BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 68, No. 201
Friday, October 17, 2003
This section of the FEDERAL REGISTER statistical products of BEA. They are related to international investment and contains notices to the public of the proposed used extensively by both government trade in services * * * ; and (5) publish issuance of rules and regulations. The and private organizations. Without the for the use of the general public and purpose of these notices is to give interested information collected in this survey, United States Government agencies persons an opportunity to participate in the quarterly data needed for estimating an periodic, regular, and comprehensive rule making prior to the adoption of the final rules. integral component of the transportation statistical information collected account would be unavailable. The data pursuant to this subsection * * * ’’ In are utilized by private organizations and section 3 of Executive Order 11961, the DEPARTMENT OF COMMERCE numerous government agencies for President delegated authority granted analyzing economic trends. The data under the Act as concerns international Bureau of Economic Analysis collected are also used for compiling the trade in services to the Secretary of U.S. national income and product Commerce, who has redelegated it to 15 CFR Part 801 accounts, and for reporting to BEA. [Docket No. 030929241–3241–01] international organizations such as the The major purpose of the survey is for International Monetary Fund. the compilation of the U.S. balance of RIN 0691–AA55 Foreign air carriers with total annual payments accounts. The information covered revenues or total annual collected in this survey is used in International Services Surveys: BE–9, covered expenses incurred in the U.S. of developing the ‘‘transportation’’ portion Quarterly Survey of Foreign Airline $5 million or more would be required to of the U.S. balance of payments Operators’ Revenues and Expenses in respond to the survey if this rule is accounts. The balance of payments the United States adopted. accounts, which are published quarterly AGENCY: Bureau of Economic Analysis, DATES: Comments on these proposed in the Survey of Current Business, are Commerce. rules will receive consideration if one of the major statistical products of ACTION: Notice of proposed rulemaking. submitted in writing on or before BEA. They are used extensively by both December 16, 2003. Government and private organizations. SUMMARY: This document sets forth Without the information collected in ADDRESSES: proposed rules to amend regulations to Mail comments to the Office this survey, quarterly data needed for institute a new survey, BE–9, Quarterly of the Chief, Balance of Payments estimating an integral component of the Survey of Foreign Airline Operators’ Division (BE–58), Bureau of Economic transportation account would be Revenues and Expenses in the United Analysis, U.S. Department of unavailable. The data are utilized by States, to be conducted by the Bureau of Commerce, Washington, DC 20230, or private organizations and numerous Economic Analysis (BEA), U.S. hand deliver comments to room M–100, government agencies for analyzing Department of Commerce. 1441 L Street, NW., Washington, DC economic trends. The data collected are The Department of Commerce, as part 20005. Comments will be available for also used for compiling the U.S. of its continuing effort to reduce public inspection in room 8013, 1441 L national income and product accounts, paperwork and respondent burden, Street, NW., between 8 a.m. and 4 p.m., and for reporting to international invites the general public and other Monday through Friday. organizations such as the International Federal agencies to comment on FOR FURTHER INFORMATION CONTACT: Monetary Fund. proposed and/or continuing information Edward Dozier, Balance of Payments As proposed, BEA will conduct the collections, as required by the Division (BE–58), Bureau of Economic BE–9 survey on a quarterly basis Paperwork Reduction Act of 1995. The Analysis, U.S. Department of beginning with the first quarter of 2004. proposed survey is mandatory and will Commerce, Washington, DC 20230; via The survey requests information from be conducted quarterly under the the Internet at [email protected]; foreign air carriers operating in the International Investment and Trade in or via telephone at 202–606–9559. United States. Information is collected Services Survey Act. The first BE–9 SUPPLEMENTARY INFORMATION: These on a quarterly basis from foreign air quarterly survey conducted if these proposed rules amend 15 CFR part carriers with total annual covered proposed rules are adopted cover 801.9 to set forth the reporting revenues or total annual covered transactions in the first quarter of 2004. requirements for the BE–9, Quarterly expenses incurred in the United States BEA would send the survey to potential Survey of Foreign Airline Operators’ of $5 million or more. Foreign air respondents in January of 2004; Revenues and Expenses in the United carriers with total annual covered responses would be due 50 days after States. The Bureau of Economic revenues and expenses below $5 million the end of the calendar quarter. Data Analysis (BEA), U.S. Department of are exempt from reporting. from the proposed BE–9 survey are Commerce, will conduct the survey The exemption criterion is based on needed for the compilation of the U.S. under the International Investment and the annual revenues or expenses balance of payments accounts. The Trade in Services Survey Act, 22 U.S.C. covered by the survey for both the information collected in this survey will 3101–3108 (hereinafter ‘‘the Act’’). current and previous year. Thus, if a be used in developing the Section 4(a) of the Act (22 U.S.C. foreign airline operator had revenues or ‘‘transportation’’ portion of the U.S. 3103(a)) provides that ‘‘The President expenses covered by the survey of $5 balance of payments accounts. The shall, to the extent he deems necessary million or more during the previous balance of payments accounts, which and feasible— * * * (1) conduct a year or if the company expects its are published quarterly in the Survey of regular data collection program to revenues or expenses will be $5 million Current Business, are one of the major secure current information * * * or more during the current year, then it
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must complete the survey for each of the information will have practical utility; Comp., p. 86 as amended by E.O. 12013, 3 four quarters of the current year. (b) the accuracy of the burden estimate; CFR, 1977 Comp., p. 147, E.O. 12318, 3 CFR, The proposed quarterly survey will (c) ways to enhance the quality, utility, 1981 Comp., p. 173, and E.O. 12518 3 CFR, cover the transactions currently covered and clarity of the information collected; 1985 Comp., p. 348. on the BE–36, Foreign Airline and (d) ways to minimize the burden of 2. Section 801.9 is amended by Operators’ Revenues and Expenses in the collection of information on the adding new paragraph (c)(3) to read as the United States, which is collected respondents, including the use of follows: annually. If the proposed quarterly automated collection techniques or survey is approved the collection of the other forms of information technology. § 801.9 Reports required. BE–36 will be discontinued. The first Comments should be addressed to: (c) Quarterly surveys. * * * BE–9 quarterly survey conducted if Director, Bureau of Economic Analysis (3) BE–9, Quarterly Survey of Foreign these proposed rules are adopted cover (BE–1), U.S. Department of Commerce, Airline Operators’ Revenues and transactions in the first quarter of 2004. Washington, DC 20230; or faxed (202– Expenses in the United States: BEA would send the survey to potential 395–7245) or e-mailed (i) Who must report. A BE–9 report is respondents in January of 2004; ([email protected]) to the Office of required from U.S. offices, agents, or responses would be due 50 days after Management and Budget, O.I.R.A. other representatives of foreign airlines the end of the calendar quarter. (Attention PRA Desk Officer for BEA). that are engaged in transporting passengers or freight and express to or Executive Order 12866 Regulatory Flexibility Act from the United States. If the U.S. office, These proposed rules are not The Chief Counsel for Regulation, agent, or other representative does not significant for purposes of E.O. 12866. Department of Commerce, has certified have all the information required, it must obtain the additional information Executive Order 13132 to the Chief Counsel for Advocacy, Small Business Administration, under from the foreign airline operator. These proposed rules do not contain provisions of the Regulatory Flexibility (ii) Exemption. A U.S. person policies with Federalism implications as Act (5 U.S.C. 605(b)), that this proposed otherwise required to report is exempt that term is defined in E.O. 13132. rulemaking, if adopted, will not have a from reporting if total annual covered Paperwork Reduction Act significant economic impact on a revenues and total annual covered substantial number of small entities. expenses incurred in the United States These proposed rules contain a The information collection excludes were each less than $5 million during collection of information requirement most small foreign air carriers from the previous year and are expected to be subject to the Paperwork Reduction Act mandatory reporting because the less than $5 million during the current (PRA) and have been submitted to the reporting threshold for this survey is set year. If either total annual covered Office of Management and Budget for at a level that will exempt most small revenues or total annual covered review under the PRA. expenses were or are expected to be $5 Notwithstanding any other provisions foreign air carriers. The proposed BE–9 million or more, a report must be filed. of the law, no person is required to quarterly survey requests information respond to, nor shall any person be from foreign air carriers operating in the [FR Doc. 03–26298 Filed 10–16–03; 8:45 am] United States with total annual covered subject to a penalty for failure to comply BILLING CODE 3510–06–P with, a collection-of-information subject revenues or total annual covered to the requirements of the Paperwork expenses incurred in the United States of $5 million or more. Foreign air Reduction Act unless that collection DEPARTMENT OF LABOR displays a currently valid Office of carriers with total annual covered revenues and expenses below $5 million Management and Budget Control Occupational Safety and Health are exempt from reporting. Thus, the Number. This collection of information Administration has been submitted to OMB for exemption level will exclude most small foreign air carriers from mandatory approval. 29 CFR Part 1926 The BE–9 survey, as proposed, is coverage. expected to result in the filing of reports List of Subjects in 15 CFR Part 801 [Docket No. S–030] from about 56 respondents on a International transactions, Economic quarterly basis, or about 224 responses RIN No. 1218–AC01 statistics, Foreign trade, Penalties, annually. The average number of hours Reporting and record keeping Safety Standards for Cranes and per response is 5.0 hours, or an annual requirements. Derricks reporting burden of 1,120 hours (224 responses multiplied by 5 hours average Dated: September 3, 2003. AGENCY: Occupational Safety and Health burden). This estimate includes time for J. Steven Landefeld, Administration (OSHA), U.S. reviewing instructions, searching Director, Bureau of Economic Analysis. Department of Labor existing data sources, gathering and For the reasons set forth in the ACTION: Notice of Negotiated maintaining the data needed, and preamble, BEA proposes to amend 15 Rulemaking Committee meeting. completing and reviewing the collection CFR Part 801, as follows: of information. The actual burden may SUMMARY: The Occupational Safety and vary from reporter to reporter, PART 801—SURVEY OF Health Administration (OSHA) depending upon the number and variety INTERNATIONAL TRADE IN SERVICES announces the fourth meeting of the of the respondent’s transactions and the BETWEEN U.S. AND FOREIGN Crane and Derrick Negotiated ease of assembling the data. PERSONS Rulemaking Advisory Committee (C– Comments are requested concerning: DAC). The Committee will review (a) Whether the proposed collection of 1. The authority citation for 15 CFR summary notes of the prior meeting, information is necessary for the proper Part 801 continues to read as follows: review draft regulatory text and performance of the functions of the Authority: 5 U.S.C. 301, 15 U.S.C. 4908, 22 continue to address substantive issues. agency, including whether the U.S.C. 3101–3108; E.O. 11961, 3 CFR, 1977 The meeting will be open to the public.
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DATES: The meeting will be on proposed members (68 FR 9036, or by fax at 202–693–1689 to obtain November 5, 6, 7, 2003. It will begin February 27, 2003), published a final appropriate accommodations no later each day at 8:30 a.m. membership list (68 FR 39877, July 3, than Wednesday, October 29, 2003. The ADDRESSES: The meeting will be held at 2003), announced the first meeting, (68 C–DAC meeting is expected to last two the U.S. Department of Labor, 200 FR 39880, July 3, 2003), which was held and a half days. Constitution Avenue, NW., Washington, July 30–August 1, 2003 and announced In addition, members of the general DC 20210 and will be in conference the second meeting (68 FR 48843, public may request an opportunity to room S–4215 A, B, C. August 15, 2003), which was held make oral presentations to the Written comments to the Committee September 3–5, 2003. Committee. The Facilitator has the authority to decide to what extent oral may be submitted in any of three ways: II. Agenda by mail, by fax, or by email. Please presentations by members of the public include ‘‘Docket No. S–030’’ on all The Committee will address the may be permitted at the meeting. Oral submissions. locations for future meetings, review presentations will be limited to By mail, submit three (3) copies to: draft materials prepared by the Agency statements of fact and views, and shall OSHA Docket Office, Docket No. S–030, on issues discussed at prior meetings, not include any questioning of the U.S. Department of Labor, 200 and address additional issues. committee members or other participants. Constitution Avenue, NW., Room N– III. Anticipated Key Issues for Minutes of the meetings and materials 2625, Washington, DC 20210, telephone Negotiation (202) 693–2350. Note that receipt of prepared for the Committee will be OSHA anticipates that key issues to comments submitted by mail may be available for public inspection at the be addressed will include: delayed by several weeks. OSHA Docket Office, Room N–2625, 1. The identification/description of By fax, written comments that are 10 200 Constitution Ave., NW., what constitutes ‘‘cranes and derricks’’ pages or fewer may be transmitted to the Washington, DC 20210; Telephone (202) for purposes of determining the OSHA Docket Office at fax number (202) 693–2350. Minutes will also be equipment that will be covered by the 693–1648. available on the OSHA Docket Web proposed rule. Electronically, comments may be page: http://dockets.osha.gov/ 2. Qualifications of individuals, who submitted through OSHA’s Webpage at The Facilitator, Susan Podziba, can be operate, maintain, repair, assemble, and http://ecomments.osha.gov. Please note reached at Susan Podziba and disassemble cranes and derricks. that you may not attach materials such Associates, 21 Orchard Road, Brookline, 3. Work zone control. as studies or journal articles to your MA 02445; telephone (617) 738 5320, 4. Crane operations near electric fax (617) 738–6911. electronic comments. If you wish to power lines. include such materials, you must Signed at Washington, DC, this 10th day of 5. Qualifications of signal-persons and October, 2003. submit three copies to the OSHA Docket communication systems and John L. Henshaw, Office at the address listed above. When requirements. submitting such materials to the OSHA 6. Load capacity and control Assistant Secretary of Labor for Occupational Safety and Health. Docket Office, clearly identify your procedures. electronic comments by name, date, 7. Wire rope criteria. [FR Doc. 03–26300 Filed 10–16–03; 8:45 am] subject, and Docket Number, so that we 8. Crane inspection/certification BILLING CODE 4510–26–P can attach the materials to your records. electronic comments. 9. Rigging procedures. FOR FURTHER INFORMATION CONTACT: 10. Requirements for fail-safe, DEPARTMENT OF HOMELAND Michael Buchet, Office of Construction warning and other safety-related SECURITY Standards and Guidance, Occupational devices/technologies. Safety and Health Administration, U.S. 11. Verification criteria for the Coast Guard Department of Labor, Room N–3468, structural adequacy of crane 200 Constitution Avenue, NW., components. 33 CFR Part 165 Washington, DC 20210; Telephone: 12. Stability testing requirements. [CGD09–03–277] (202) 693–2345. 13. Blind pick procedures. RIN 2115–AA00 SUPPLEMENTARY INFORMATION: 14. Fall protection. 15. Crane on barges and barge cranes. Security Zone; Captain of the Port Table of Contents 16. Self-erecting hydraulic piling rigs. Milwaukee Zone, Lake Michigan I. Background IV. Public Participation II. Agenda AGENCY: Coast Guard, DHS. III. Anticipated Key Issues for Negotiation All interested parties are invited to ACTION: Notice of proposed rulemaking. IV. Public Participation attend this public meeting at the time and place indicated above. Note, SUMMARY: The Coast Guard proposes to I. Background however, that a government issued revise the security zone size of the On July 16, 2002, OSHA published a photo ID card (State or Federal) is Kewanuee Nuclear Power Plant on Lake notice of intent to establish a negotiated required for entry into the Department Michigan. This security zone is rulemaking committee, requesting of Labor building. No advanced necessary to protect the nuclear power comments and nominations for registration is required. The public must plant from possible sabotage or other membership (Volume 67 of the Federal enter the Department of Labor for this subversive acts, accidents, or possible Register, page 46612). In subsequent meeting through the 3rd and C Street, acts of terrorism. The zone is intended notices the Department of Labor NW entrance. Seating will be available to restrict vessel traffic from a portion of announced the establishment of the to the public on a first-come, first-served Lake Michigan. Committee (Volume 68 of the Federal basis. Individuals with disabilities DATES: Comments and related material Register, page 35172, June 12, 2003), wishing to attend should contact Luz must reach the Coast Guard on or before requested comments on a list of DelaCruz by telephone at 202–693–2020 December 16, 2003.
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ADDRESSES: You may mail comments This regulation proposes to revise the The term ‘‘small entities’’ comprises and related material to U.S. Coast Guard size of the security zone for the small businesses, not-for-profit Marine Safety Office (MSO) Milwaukee, Kewaunee Nuclear Power Plant. This organizations that are independently 2420 South Lincoln Memorial Drive, security zone is necessary to protect the owned and operated and are not Milwaukee, WI 53207. MSO Milwaukee public, facilities, and the surrounding dominant in their fields, and maintains the public docket for this area from possible sabotage or other governmental jurisdictions with rulemaking. Comments and material subversive acts. All persons other than populations of less than 50,000. received from the public, as well as those approved by the Captain of the The Coast Guard certifies under 5 documents indicated in this preamble as Port Milwaukee, or his on-scene U.S.C. 605(b) that this proposed rule being available in the docket, will representative, are prohibited from would not have a significant economic become part of this docket and will be entering or moving within the zone. The impact on a substantial number of small available for inspection or copying at Captain of the Port Milwaukee may be entities. MSO Milwaukee between 7 a.m. and contacted via VHF Channel 16 for This security zone would not have a 3:30 p.m., Monday through Friday, further instructions to request significant economic impact on a except Federal holidays. permission before transiting through the substantial number of small entities for FOR FURTHER INFORMATION CONTACT: restricted area. The Captain of the Port the following reasons. This proposed MSTC Dave McClintock, MSO Milwaukee’s on-scene representative rule would not obstruct the regular flow Milwaukee, at 1 (414) 747–7155. would be the patrol commander. of traffic and would allow vessel traffic to pass around the security zone. SUPPLEMENTARY INFORMATION: Discussion of Proposed Rule If you think that your business, Request for Comments On July 31, 2002, the Coast Guard organization, or governmental created a permanent security zone jurisdiction qualifies as a small entity We encourage you to participate in around the Kewaunee Nuclear Power and that this proposed rule would have this rulemaking by submitting Plant (67 FR 49578, July 31, 2002). This a significant economic impact on it, comments and related material. If you rulemaking proposes to change the please submit a comment (see do so, please include your name and location of that security zone to the ADDRESSES) explaining why you think it address, identify the docket number for following: All navigable waters of qualifies and how and to what degree this rulemaking (CGD09–03–277), Western Lake Michigan encompassed by this proposed rule would economically indicate the specific section of this a line commencing from a point on the affect it. document to which each comment shoreline at 44°20.715′ N, 087°32.080′ applies, and give the reason for each W; then easterly to 44°20.720′ N, Assistance for Small Entities comment. Please submit all comments 087°31.630′ W; then southerly to Under section 213(a) of the Small and related material in an unbound 44°20.480′ N, 087°31.630′ W; then Business Regulatory Enforcement 1 format, no larger than 8 ⁄2 by 11 inches, westerly to 44°20.480′ N, 087°31.970′ W; Fairness Act of 1996 (Public Law 104– suitable for copying. If you would like then northerly following the shoreline 121), we want to assist small entities in to know they reached us, please enclose back to the point of origin. These understanding this proposed rule so that a stamped, self-addressed postcard or coordinates are based upon North they can better evaluate its effects on envelope. We will consider all American Datum 1983 (NAD 83). them and participate in the rulemaking. comments and material received during If the proposed rule would affect your Regulatory Evaluation the comment period. We may change small business, organization, or this proposed rule in view of them. This proposed rule is not a governmental jurisdiction and you have Public Meeting ‘‘significant regulatory action’’ under questions concerning its provisions or section 3(f) of Executive Order 12866, options for compliance, please contact We do not now plan to hold a public Regulatory Planning and Review, and the office listed in ADDRESSES in this meeting. But you may submit a request does not require an assessment of preamble. for a meeting by writing to U.S. Coast potential costs and benefits under Small businesses may send comments Guard Marine Safety Office Milwaukee section 6(a)(3) of that Order. The Office on the actions of Federal employees at the address under ADDRESSES of Management and Budget has not who enforce, or otherwise determine explaining why one would be reviewed it under that Order. It is not compliance with, Federal regulations to beneficial. If we determine that one ‘‘significant’’ under the regulatory the Small Business and Agriculture would aid this rulemaking, we will hold policies and procedures of the Regulatory Enforcement Ombudsman one at a time and place announced by Department of Homeland Security and the Regional Small Business a later notice in the Federal Register. (DHS). Regulatory Fairness Boards. The Background and Purpose We expect the economic impact of Ombudsman evaluates these actions this proposed rule to be so minimal that annually and rates each agency’s On September 11, 2001, the United a full Regulatory Evaluation under the responsiveness to small business. If you States was the target of coordinated regulatory policies and procedures of wish to comment on actions by attacks by international terrorists DHS is unnecessary. Since this security employees of the Coast Guard, call 1– resulting in catastrophic loss of life, the zone would not be located near 888–REG–FAIR (1–888–734–3247). destruction of the World Trade Center, commercial vessel shipping lanes, there and significant damage to the Pentagon. would be no impact on commercial Collection of Information Current events indicate that significant vessel traffic. This proposed rule would call for no threats of this type of attack still exist. new collection of information under the Small Entities National security and intelligence Paperwork Reduction Act of 1995 (44 officials warn that future terrorists Under the Regulatory Flexibility Act U.S.C. 3501–3520.). attacks are likely. The Coast Guard is (5 U.S.C. 601–612), we have considered responding by, amongst many other whether this proposed rule would have Federalism things, enacting security zones around a significant economic impact on a A rule has implications for critical infrastructure. substantial number of small entities. Federalism under Executive Order
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13132, if it has a substantial direct effect Significantly Affect Energy Supply, W; then easterly to 44°20.720′ N, on State or Local governments and Distribution, or Use. We have 087°31.630′ W; then southerly to would either preempt State law or determined that it is not a ‘‘significant 44°20.480′ N, 087°31.630′ W; then impose a substantial direct cost of energy action’’ under that order because westerly to 44°20.480′ N, 087°31.970′ W, compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ then northerly following the shoreline this proposed rule under that Order and under Executive Order 12866 and is not back to the point of origin. (NAD 83). have determined that it does not have likely to have a significant adverse effect * * * * * implications for federalism. on the supply, distribution, or use of Dated: 24 September 2003. energy. It has not been designated by the Unfunded Mandates Reform Act H.M. Hamilton, Administrator of the Office of The Unfunded Mandates Reform Act Information and Regulatory Affairs as a Commander, U.S. Coast Guard, Captain of the Port Milwaukee. of 1995 (2 U.S.C. 1531–1538) requires significant energy action. Federal agencies to assess the effects of [FR Doc. 03–26305 Filed 10–16–03; 8:45 am] their discretionary regulatory actions. In Environment BILLING CODE 4910–15–P particular, the Act addresses actions We have analyzed this proposed rule that may result in the expenditure by a under Commandant Instruction State, local, or tribal government, in the M16475.lD, which guides the Coast ENVIRONMENTAL PROTECTION aggregate, or by the private sector of Guard in complying with the National AGENCY $100,000,000 or more in any one year. Environmental Policy Act of 1969 Though this proposed rule would not (NEPA)(42 U.S.C. 4321–4370f), and 40 CFR Part 52 result in such an expenditure, we do have concluded that there are no factors [PA203–4209b; FRL–7570–6] discuss the effects of this rule elsewhere in this case that would limit the use of in this preamble. a categorical exclusion under section Approval and Promulgation of Air 2.B.2 of the Instruction. Therefore, this Quality Implementation Plans; Taking of Private Property proposed rule is categorically excluded, Pennsylvania; VOC and NOX RACT This proposed rule would not affect a under figure 2–1, paragraph (34)(g), of Determinations for Five Individual taking of private property or otherwise the Instruction, from further Sources have taking implications under environmental documentation. AGENCY: Environmental Protection Executive Order 12630, Governmental Under figure 2–1, paragraph (34)(g) of Agency (EPA). Actions and Interference with the Instruction, an ‘‘Environmental ACTION: Proposed rule. Constitutionally Protected Property Analysis Check List’’ and a ‘‘Categorical Rights. Exclusion Determination’’ are not SUMMARY: EPA proposes to approve the Civil Justice Reform required for this proposed rule. State Implementation Plan (SIP) Comments on this section will be revisions submitted by the This proposed rule meets applicable considered before we make the final Commonwealth of Pennsylvania to standards in sections 3(a) and 3(b)(2) of decision on whether to categorically establish and require reasonably Executive Order 12988, Civil Justice exclude this rule from further available control technology (RACT) Reform, to minimize litigation, environmental review. related requirements to limit volatile eliminate ambiguity, and reduce organic compounds (VOCs) and burden. List of Subjects in 33 CFR Part 165 nitrogen oxides (NOX) from five Protection of Children Harbors, Marine safety, Navigation individual sources. In the Final Rules (water), Reporting and recordkeeping section of this Federal Register, EPA is We have analyzed this proposed rule requirements, Security measures, approving the Commonwealth’s SIP under Executive Order 13045, Waterways. revisions as a direct final rule without Protection of Children from For the reasons discussed in the prior proposal because the Agency Environmental Health Risks and Safety preamble, the Coast Guard proposes to views this as a noncontroversial Risks. This rule is not an economically revise 33 CFR part 165 as follows: submittal and anticipates no adverse significant rule and would not create an comments. The rationale for the environmental risk to health or risk to PART 165—REGULATED NAVIGATION approval is set forth in the direct final safety that might disproportionately AREAS AND LIMITED ACCESS AREAS rule. If no adverse comments are affect children. 1. The authority citation for part 165 received in response to this action, no Indian Tribal Governments continues to read as follows: further activity is contemplated. If EPA This proposed rule does not have receives adverse comments, the direct Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. final rule will be withdrawn and all tribal implications under Executive Chapter 701; 50 U.S.C. 191, 195; 33 CFR Order 13175, Consultation and 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. public comments received will be Coordination with Indian tribal 107–295, 116 Stat. 2064; Department of addressed in a subsequent final rule governments, because it would not have Homeland Security Delegation No. 0170.1 based on this proposed rule. EPA will a substantial direct effect on one or not institute a second comment period. 2. Revise paragraph (a)(1) of § 165.916 Any parties interested in commenting more Indian tribes, on the relationship to read as follows: between the Federal government and on this action should do so at this time. Indian tribes, or on the distribution of § 165.916 Security Zones; Captain of the DATES: Comments must be received in power and responsibilities between the Port Milwaukee Zone, Lake Michigan. writing by November 17, 2003. Federal government and Indian tribes. (a) Location. *** ADDRESSES: Comments may be (1) Kewaunee Nuclear Power Plant— submitted either by mail or Energy Effects All navigable waters of Western Lake electronically. Written comments We have analyzed this proposed rule Michigan encompassed by a line should be mailed to Makeba Morris, under Executive Order 13211, Actions commencing from a point on the Chief, Air Quality Planning Branch, Concerning Regulations That shoreline at 44°20.715′ N, 087°32.080′ Mailcode 3AP21, U.S. Environmental
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Protection Agency, Region III, 1650 public docket. If EPA cannot read your at the Regional Office for public Arch Street, Philadelphia, Pennsylvania comment due to technical difficulties inspection. 19103. Electronic comments should be and cannot contact you for clarification, Submittal of CBI Comments sent either to [email protected] or EPA may not be able to consider your to http://www.regulations.gov, which is comment. Do not submit information that you an alternative method for submitting i. E-mail. Comments may be sent by consider to be CBI electronically to EPA. electronic comments to EPA. To submit electronic mail (e-mail) to You may claim information that you comments, please follow the detailed [email protected], attention: submit to EPA as CBI by marking any instructions described in the PA203–4209. EPA’s e-mail system is not part or all of that information as CBI (if Supplementary Information section. an ‘‘anonymous access’’ system. If you you submit CBI on disk or CD ROM, Copies of the documents relevant to this send an e-mail comment directly mark the outside of the disk or CD ROM action are available for public without going through Regulations.gov, as CBI and then identify electronically inspection during normal business EPA’s e-mail system automatically within the disk or CD ROM the specific hours at the Air Protection Division, captures your e-mail address. E-mail information that is CBI). Information so U.S. Environmental Protection Agency, addresses that are automatically marked will not be disclosed except in Region III, 1650 Arch Street, captured by EPA’s e-mail system are accordance with procedures set forth in Philadelphia, Pennsylvania 19103; and included as part of the comment that is 40 CFR part 2. the Pennsylvania Department of placed in the official public docket, and In addition to one complete version of Environmental Resources, Bureau of Air made available in EPA’s electronic the comment that includes any Quality Control, P.O. Box 8468, 400 public docket. information claimed as CBI, a copy of Market Street, Harrisburg, Pennsylvania ii. Regulations.gov. Your use of the comment that does not contain the 17105. Regulation.gov is an alternative method information claimed as CBI must be FOR FURTHER INFORMATION CONTACT: Rose of submitting electronic comments to submitted for inclusion in the official Quinto at (215) 814–2182, or by e-mail EPA. Go directly to http:// public regional rulemaking file. If you at [email protected]. www.regulations.gov, then select submit the copy that does not contain CBI on disk or CD ROM, mark the SUPPLEMENTARY INFORMATION: For ‘‘Environmental Protection Agency’’ at outside of the disk or CD ROM clearly further information, please see the the top of the page and use the ‘‘go’’ that it does not contain CBI. Information information provided in the direct final button. The list of current EPA actions not marked as CBI will be included in action, Pennsylvania’s Approval of VOC available for comment will be listed. the public file and available for public and NO RACT Requirements for Five Please follow the online instructions for X inspection without prior notice. If you Individual Sources, that is located in the submitting comments. The system is an have any questions about CBI or the ‘‘Rules and Regulations’’ section of this ‘‘anonymous access’’ system, which procedures for claiming CBI, please Federal Register publication. means EPA will not know your identity, consult the person identified in the FOR You may submit comments either e-mail address, or other contact electronically or by mail. To ensure information unless you provide it in the FURTHER INFORMATION CONTACT section. proper receipt by EPA, identify the body of your comment. Considerations When Preparing appropriate rulemaking identification iii. Disk or CD ROM. You may submit Comments to EPA comments on a disk or CD ROM that number PA203–4209 in the subject line You may find the following you mail to the mailing address on the first page of your comment. suggestions helpful for preparing your identified in the ADDRESSES section of Please ensure that your comments are comments: this document. These electronic submitted within the specified comment 1. Explain your views as clearly as submissions will be accepted in period. Comments received after the possible. close of the comment period will be WordPerfect, Word or ASCII file format. 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to Avoid the use of special characters and used. consider these late comments. any form of encryption. 3. Provide any technical information 1. Electronically. If you submit an 2. By Mail. Written comments should and/or data you used that support your electronic comment as prescribed be addressed to the EPA Regional office views. below, EPA recommends that you listed in the ADDRESSES section of this 4. If you estimate potential burden or include your name, mailing address, document. costs, explain how you arrived at your and an e-mail address or other contact For public commenters, it is estimate. information in the body of your important to note that EPA’s policy is 5. Provide specific examples to comment. Also include this contact that public comments, whether illustrate your concerns. information on the outside of any disk submitted electronically or in paper, 6. Offer alternatives. or CD ROM you submit, and in any will be made available for public 7. Make sure to submit your cover letter accompanying the disk or viewing at the EPA Regional Office, as comments by the comment period CD ROM. This ensures that you can be EPA receives them and without change, deadline identified. identified as the submitter of the unless the comment contains 8. To ensure proper receipt by EPA, comment and allows EPA to contact you copyrighted material, confidential identify the appropriate regional file/ in case EPA cannot read your comment business information (CBI), or other rulemaking identification number in the due to technical difficulties or needs information whose disclosure is subject line on the first page of your further information on the substance of restricted by statute. When EPA response. It would also be helpful if you your comment. EPA’s policy is that EPA identifies a comment containing provided the name, date, and Federal will not edit your comment, and any copyrighted material, EPA will provide Register citation related to your identifying or contact information a reference to that material in the comments. provided in the body of a comment will version of the comment that is placed in Please note that if EPA receives be included as part of the comment that the official public rulemaking file. The adverse comment on an amendment, is placed in the official public docket, entire printed comment, including the paragraph, or section of this rule and if and made available in EPA’s electronic copyrighted material, will be available that provision may be severed from the
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remainder of the rule, EPA may adopt Opinion and Order is available for persuades us, with the benefit of as final those provisions of the rule that inspection and copying during normal hindsight, that the concerns the are not the subject of an adverse business hours in the FCC Reference Commission articulated in the BOC comment. Information Center, Portals II, 445 12th Manufacturing NPRM were Dated: September 29, 2003. Street, SW., Room CY–A257, unwarranted because the competitive Washington, DC, 20554. This document harms the Commission envisioned James W. Newsom, may also be purchased from the simply have not materialized. Acting Regional Administrator, Region III. Commission’s duplicating contractor, 4. Whenever the Commission adopts [FR Doc. 03–26194 Filed 10–16–03; 8:45 am] Qualex International, Portals II, 445 rules, it must consider whether the BILLING CODE 6560–50–P 12th Street, SW., Room CY–B402, benefit of such rules outweighs the Washington, DC 20554, telephone 202– burden on regulated entities. As written, 863–2893, facsimile 202–863–2898, or section 273 provides detailed FEDERAL COMMUNICATIONS via e-mail [email protected]. It is also requirements that should facilitate quick COMMISSION available on the Commission’s Web site review and disposal of alleged at http://www.fcc.gov. violations on a case-by-case basis. 47 CFR Chapter I Moreover, if a party believes that section Synopsis of the Memorandum Opinion 273 does not clearly indicate the proper [CC Docket No. 96–128; FCC 03–220] and Order course of conduct, the Commission has Implementation of Section 273 of the 1. Background. Section 273 permits a in place adequate mechanisms for Communications Act of 1934, as BOC to manufacture addressing the party’s concerns. Amended by the Telecommunications telecommunications equipment and Accordingly, we believe a case-by-case Act of 1996 customer premises equipment through a approach would serve the public structurally separate corporate affiliate interest more efficiently than imposing AGENCY: Federal Communications once the Commission authorizes the a new rules regime. Commission. BOC to provide in-region, interLATA Regulatory Flexibility Act ACTION: Proposed rule; withdrawal. services pursuant to section 271(d) of the Act. Section 273 provides for two 5. The Commission concludes that, SUMMARY: This document terminates the important exceptions to the requirement because it does not adopt rules in this pending Notice of Proposed Rulemaking that a BOC refrain from all Memorandum Opinion & Order to to implement provisions of section 273 manufacturing activity until after it implement section 273, our resolution of the Telecommunications Act of 1996 receives section 271 approval. First, of this matter raises no Regulatory (the Act) that pertain to manufacturing section 273(b)(1) permits a BOC at any Flexibility Act issues. Although section by the Bell Operating Companies time to engage in ‘‘close collaboration’’ 273 focuses primarily on BOC (BOCs). (In the Matter of with manufacturers on product design manufacturing activity, in the BOC Implementation of Section 273 of the and development. Second, section 273 Manufacturing NPRM the Commission Communications Act of 1934, as (b)(2) permits a BOC at any time to enter questioned whether development of Amended in the Telecommunications into ‘‘royalty agreements’’ with rules would ‘‘have a significant Act of 1996, Notice of Proposed manufacturers. economic impact on a substantial Rulemaking, CC Docket No. 96–254, 62 2. The BOC Manufacturing NPRM number of small businesses insofar as FR 3638, January 24, 1997 (BOC invited comment and proposed they apply to entities that develop Manufacturing NPRM)). The statute, as numerous tentative conclusions to standards, develop generic requirements written, is sufficiently detailed and clear implement rules governing section 273. and conduct certification activity.’’ as to cover most circumstances at this The BOC Manufacturing NPRM However, in this Memorandum Opinion time. Adopting rules to implement the generated comment from BOCs, & Order, the Commission neither provisions of section 273 would not competitive LECs, manufacturers, and promulgates new rules nor revises serve the public interest and would others. Since the issuance of the BOC existing rules, thus the action does not impose unnecessary regulatory burdens Manufacturing NPRM, each BOC has require any change in the current inconsistent with the pro-competitive, obtained section 271 authority to practices of any standard setting deregulatory goals of the Act. provide in-region interLATA service in entities, large or small. Accordingly, Accordingly, for the reasons indicated at least one of its states, and Verizon because the Commission implements no below, the Commission concludes that and BellSouth have received section 271 rules, it takes no action that would it is unnecessary to adopt rules to authority throughout their regions. Yet require entities to modify their implement section 273 at this juncture to our knowledge, no BOC has created practices. Thus, the Commission finds and terminates this proceeding. a manufacturing affiliate, nor has the that the action will not have a Commission received complaints that DATES: This proposed rule is withdrawn ‘‘significant economic impact on a BOCs have violated section 273. substantial number of small entities.’’ as of October 17, 2003. 3. The Commission concludes that the FOR FURTHER INFORMATION CONTACT: provisions of section 273 are sufficiently Paperwork Reduction Act of 1995 Henry L. Thaggert, Attorney-Advisor, detailed as to be self-executing and 6. The Commission finds that this Competition Policy Division, Wireline sufficiently clear as to cover most Memorandum Opinion and Order does Competition Bureau, at (202) 418–7941, circumstances. Thus, section 273 not contain information collection or via the Internet at [email protected]. requires no further elaboration at this provisions and therefore does not SUPPLEMENTARY INFORMATION: This is a time. More than seven years have implicate the Paperwork Reduction Act summary of the Commission’s passed since the passage of the Act, and of 1995. Memorandum Opinion and Order in CC the Commission has granted section 271 Docket No. 96–254, FCC 03–220, authorization to provide in-region Ordering Clauses adopted September 15, 2003, and interLATA service in forty-two states 1. Accordingly, pursuant to sections released September 16, 2003. The and the District of Columbia. Our 1, 3, 4(i)–(j), 7, 201–209, 218–220, 251, complete text of this Memorandum experience over this time frame 271–273 and 403 of the
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Communications Act of 1934, as FOR FURTHER INFORMATION CONTACT: See 47 U.S.C. 252(d). We seek to amended, 47 U.S.C. 151, 153, 154(i)–(j), Steve Morris, Wireline Competition determine whether our UNE pricing 157, 201–209, 218–220, 251, 271–273, Bureau, Pricing Policy Division, (202) methodology is working as intended and 403 that this Memorandum Opinion 418–1530. and, in particular, whether it is and Order is adopted. SUPPLEMENTARY INFORMATION: This is a conducive to efficient facilities 2. The Commission has thus summary of the Commission’s Notice of investment. We also undertake this completed its review of the record in the Proposed Rulemaking (NPRM) in WC rulemaking to examine whether, and, if above-captioned rulemaking. Docket No. 03–173, adopted on so, in what manner, to promulgate Accordingly, the above-captioned September 10, 2003, and released on resale pricing rules. proceeding is terminated. September 15, 2003. The full text of this 3. As a preliminary matter, we Federal Communications Commission. document is available on the reaffirm our commitment to using forward-looking costing principles to Marlene H. Dortch, Commission’s website Electronic determine UNE rates. We decline to Secretary. Comment Filing System and for public inspection Monday through Thursday open an inquiry into alternative pricing [FR Doc. 03–26108 Filed 10–16–03; 8:45 am] from 8 a.m. to 4:30 p.m. and Friday from theories, including historical cost, BILLING CODE 6712–01–U 8 a.m. to 11:30 a.m. in the FCC efficient component pricing rule, and Reference Center, Room CY–A257, 445 Ramsey pricing theories. Instead, in Twelfth Street, SW., Washington, DC examining UNE pricing rules, the NPRM FEDERAL COMMUNICATIONS focuses, and seeks comment, on COMMISSION 20554. Alternative formats are available to persons with disabilities by whether clarifications or modifications should be made to the current forward- 47 CFR Part 51 contacting Brian Millin at (202) 418– 7426 or TTY (202) 418–7365. The full looking economic cost-based rules. [WC Docket No. 03–173; FCC 03–224] text of the NPRM may also be purchased 4. In the NPRM, we will examine from the Commission’s duplicating whether the UNE pricing rules distort Review of the Commission’s Rules contractor, Qualex International, Room our intended pricing signals by Regarding the Pricing of Unbundled CY–B402, 445 Twelfth Street, SW., understating forward-looking costs and Network Elements and the Resale of Washington, DC 20554, telephone (202) thereby thwart the development of Service by Incumbent Local Exchange 863–2893, facsimile (202) 863–2898, or facilities-based competition. We will Carriers e-mail at [email protected]. consider whether modifications to the current UNE pricing rules are necessary AGENCY: Federal Communications Background Commission. to both preserve their forward-looking 1. This NPRM, adopted September 10, emphasis and pro-competitive purposes, ACTION: Notice of proposed rulemaking. 2003 and released September 15, 2003 while simultaneously making the rules SUMMARY: This document initiates a in WC Docket No. 03–173, FCC 03–224, more transparent and theoretically rulemaking proceeding to examine the initiates a proceeding to examine the sound. Specifically, we tentatively rules applicable to pricing of unbundled Commission’s UNE pricing and resale conclude that UNE prices should be network elements (UNEs) and resold pricing rules. Currently, the based on costs more firmly rooted in the telecommunications services made Commission’s TELRIC rules, 47 CFR real-world attributes of the existing available by incumbent local exchange 51.501 et seq., which were promulgated networks of incumbent LECs rather than carriers (LECs) to competitive LECs. The in 1996, apply to the pricing of UNEs. the speculative attributes of a purely Federal Communications Commission The U.S. Supreme Court affirmed the hypothetical network. We seek (Commission) adopted the current UNE Commission’s jurisdiction to comment on this tentative conclusion. pricing regime known as the Total promulgate these rules in 1999 and 5. We seek comment on the Element Long Run Incremental Cost affirmed the reasonableness of these appropriate goals of a UNE pricing (TELRIC) methodology in 1996. This rules in 2002. In contrast, however, regime. Should UNE prices continue to Commission stated at that time that it because the U.S. Court of Appeals for be set in a manner that sends efficient intended to re-examine this the Eighth Circuit reversed the entry and investment signals to methodology over time, and this Commission’s resale pricing rules in competitors and that enables incumbent LECs to recover their forward-looking rulemaking represents the Commission’s 2000, there currently are no resale costs? We ask that parties comment on first such re-examination of its UNE pricing rules. Because the Commission’s whether these remain the appropriate pricing rules. The Commission also UNE pricing rules have not been goals and, if not, that parties identify adopted resale pricing rules in 1996. examined in over seven years, and alternative pricing goals. We seek The U.S. Court of Appeals for the Eighth because the Commission does not have information on how the Commission Circuit reversed the resale pricing rules resale pricing rules, we conclude that it can measure whether a pricing regime is in 2000. This document seeks comment is time to examine the pricing rules for sending appropriate entry and on whether, and, if so, in what manner, UNEs and resale. investment signals. We request parties to revise the Commission’s UNE pricing Discussion comment on the value of comparisons to rules and on whether, and, if so, in what 2. We undertake this rulemaking with an incumbent LEC’s historical costs? We manner, to promulgate resale pricing the goal of modifying or clarifying the also seek comment on potential other rules. Commission’s UNE and resale pricing goals of a pricing regime, such as DATES: Comments due December 16, rules to aid state commissions in more transparency and verifiability. 2003, and reply comments due January easily developing UNE pricing and 6. We seek comment on the effect of 30, 2004. resale discounts that meet the statutory the Commission’s recent decision in the ADDRESSES: Federal Communications standards established by Congress in Triennial Review Order, 68 FR 52276, Commission, 445 12th Street, SW., section 252(d) of the September 2, 2003. In particular, the Washington, DC 20554. See Telecommunications Act of 1996 and to Commission adopted a new SUPPLEMENTARY INFORMATION for filing provide more certainty and consistency interpretation for determining whether instructions. in the results of these state proceedings. requesting telecommunications carriers
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are entitled to access a network element LECs or incumbent LECs to build new 12. The dispute as to the relevant on an unbundled basis. We ask that facilities. network for pricing purposes is in large comments discuss in detail the 9. We tentatively conclude that the part a dispute over what constitutes relationship, if any, between this new TELRIC rules should more closely efficiency. We seek comment on the interpretation and the Commission’s account for real-world attributes of the efficiency standard that the Commission UNE pricing rules. In particular, we routing and topography of an incumbent should use in order to achieve UNE seek comment on the affect on our LEC’s network in the development of prices that send correct economic pricing rules of the limitations on the forward-looking costs. We seek signals regarding investment, while still unbundling mandates associated with comment on this approach and, in achieving the necessary level of cost hybrid fiber/copper loops. We also seek particular, on how such an approach recovery. A central principle of the comment on the affect limitations on may differ from the practices of state current UNE pricing rules is that fiber loop unbundling should have on commissions in UNE pricing competitive LECs should not pay rates UNE pricing rules. Further, we request proceedings. We also ask parties to that compensate incumbent LECs for that parties comment on how states comment on proposals that would past inefficiencies. Given that many should set rates for network elements achieve these objectives. We seek incumbent LECs have been subject to that no longer are required to be comment on whether it is appropriate to price cap regulation for some time, we provided on an unbundled basis. assume that the cost of an existing seek comment on whether we should 7. In the universal service proceeding, element is the cost of that element if it find an incumbent LEC’s practices the Commission determined that were being replaced today. We also seek presumptively efficient. Would the funding should be based on the forward- comment on whether we should define adoption of a productivity factor be looking cost of providing universal the relevant network as one that necessary as part of a transition to a service, and identified criteria to guide incorporates upgrades planned by the regime based more on the network in the selection of a forward-looking incumbent LEC over some objective assumptions of an existing network? We universal service cost model. Universal time horizon (e.g., three or five years), also ask parties to identify the evidence Service Order, 62 FR 32862, June 17, as documented, for example, in an that would be necessary to overcome a 1997. The Commission applied these incumbent LEC’s actual engineering presumption of efficiency by an criteria to develop a computer cost plans. We request parties comment on incumbent LEC and what effect any model and to select the inputs necessary any other alternatives that would asymmetry in access to information to develop forward-looking costs using ground the TELRIC rules in the about an incumbent’s practices and this model. USF Platform Order, 63 FR attributes of an incumbent LEC’s costs should have on any presumption 63993, November 18, 1998; USF Inputs existing network. Further, we seek we create. We ask parties to be very Order, 64 FR 67372, December 1, 1999. comment on whether any of these specific in defining the standard of In developing the universal service cost approaches would produce results that efficiency and explaining how to model and inputs, the Commission did are more consistent across states and determine whether a network is not intend to provide any systematic send better entry and investment signals optimized for economic efficiency. We guidance for TELRIC rate-setting, and to both incumbents and competitors. further ask parties that favor a change in emphasized that universal service cost network assumptions to identify how inputs may not be appropriate for use in 10. The TELRIC methodology currently defines the term ‘‘long run’’ to such a change would affect each determining UNE prices. The component of the pricing rules (e.g., Commission continues to discourage mean a period long enough for all of a operating expenses, cost of capital, states from using the universal service firm’s costs to be variable or avoidable. depreciation). nationwide inputs for the purpose of We seek comment on whether our developing UNE rates. We invite parties tentative conclusion compels us to shift 13. We ask parties to discuss whether to comment on the relationship between away from a long run average cost a regime focused more closely on the universal service cost rules and UNE methodology to a short run average cost existing network of an incumbent would pricing rules. methodology and, if so, what are the be easier for state commissions to 8. Network Assumptions—General consequences of such a shift. We implement than the current TELRIC Theory. One of the central internal request parties comment on whether regime. For example, we seek comment tensions in the application of the such an approach is consistent with the on whether there would be issues of TELRIC methodology is that it purports statute’s heavy presumption against the transparency and verifiability in placing to replicate the conditions of a use of embedded costs. a greater reliance on the attributes of an competitive market by assuming that the 11. We ask the parties to suggest other incumbent LEC’s existing network. We latest technology is deployed ways of defining the network that is to seek comment on whether focusing the throughout the hypothetical network, be modeled in a UNE pricing cost inquiry on an incumbent’s existing while at the same time assuming that proceeding. To what extent should network might place competitive LECs this hypothetical network benefits from network assumptions reflect evidence of at an informational disadvantage in the economies of scale associated with the network decisions made by litigating any factual issues about which serving all of the lines in a study area. competitive LECs? Parties should the incumbent LEC, as owner of that In the real world, however, even the explain in detail the network network, may have better information. most efficient carrier’s network will assumptions they advocate and the We request parties propose concrete reflect a mix of new and older competitive assumptions implicit in procedural safeguards designed to technology at any given time. We thus their proposals. Parties should also minimize risks of an informational seek comment on whether TELRIC’s explain whether they are proposing a imbalance resulting from technology assumptions may result in theory based on short-run costs or long- methodological reforms discussed in the forward-looking costs that are not run costs, and how their proposed NPRM. We also ask parties to comment achievable even in the most competitive definition of the network will produce on ways in which UNE pricing markets and whether the TELRIC more accurate economic signals and proceedings can be streamlined without methodology, therefore, may undermine more consistent results than the current placing any party at a material the incentive for either competitive pricing regime. informational disadvantage.
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14. Network Assumptions—Specific comment on whether, and how, our their experiences sharing construction Network Inputs. In addition to our tentative conclusion to account more costs with other entities. tentative conclusion that a forward- closely for the real-world routing and 19. A fill factor represents the looking pricing methodology should topography of an incumbent’s network percentage of capacity of a particular more closely account for the real-world would affect the ability of carriers to use facility or piece of equipment that is attributes of the routing and topography computer cost models. used on average over its life. Increasing of an incumbent LEC’s network, we 16. We seek comment on the fill factors effectively lowers costs by believe there are a number of aspects of technology assumptions that should be reducing the amount of spare capacity the current efficient network assumed in developing UNE prices. We allocated to working units. We seek assumption that might benefit from invite parties to comment on how our comment on the appropriate guidelines clarification or modification. We discuss tentative conclusion above affects the for states to follow in establishing fill some of these issues below, and we technology assumptions used to develop factors. What factors do states currently encourage parties to identify additional UNE prices. We request parties to consider in developing fill factors? How steps we might take to produce prices comment on the relevance to the relevant are an incumbent’s existing fill that satisfy the objectives we have development of UNE prices of the factors in establishing forward-looking identified. Commission’s statement in the USF fill factors? Should they be dispositive 15. We seek comment on the network Platform Order that existing incumbent in light of our tentative conclusion, routing assumptions that would be LEC plant likely does not reflect above? If not, what other evidence forward-looking technology choices. We should be considered? Are carrier of last consistent with our tentative conclusion seek comment on how to determine resort obligations relevant to that prices should account for the real- prices for equipment types that are no determining the appropriate fill factors? world attributes of the routing and longer widely used in the industry, such Would the fill factors of other topography of an incumbent LEC’s as analog switches or older versions of incumbent LECs be relevant to network. Specifically, we seek comment digital loop carrier systems. We also demonstrate achievable efficiencies? We on the importance of the locations of seek comment on how an approach that seek comment whether carriers would existing rights-of-way, existing poles, replicates an incumbent LEC’s existing operate at higher or lower fill factors as and existing conduit for all wireline technology compares to a reproduction the level of facilities-based competition carriers when new facilities are built. cost methodology. increases in a market. We request that We also seek comment on whether there 17. We encourage parties to identify parties submit empirical evidence that is any theoretical basis for an approach the specific factors that influence their distinguishes between the fill factors that does not assume the existence of decisions with respect to how quickly to that carriers experience in competitive current roads, buildings, and natural deploy new technology. How, if at all, markets and monopoly markets. We also obstacles. We request parties to should we factor in the uncertainty seek comment on how fill factors are comment on whether and how existing associated with the timing and likely to vary as the rate of demand rights-of-way should be accounted for in efficiency of new technology? Of what growth varies. Finally, we seek network routing assumptions. Parties relevance, if any, is the pace at which comment on methods for quantifying supporting the use of existing rights-of- incumbent LECs have deployed new dynamically efficient fill factors on a way as a basis for network routing technologies in the past? Is there forward-looking basis. assumptions should explain how states evidence of the diffusion rates of new 20. One of the key issues in can best determine current rights-of-way technology in competitive markets as determining unbundled switching routes, and how such routes can be opposed to monopoly markets that prices is the switching discounts. In compared to the routes of incumbent might inform our analysis? setting switching rates, state LEC facilities and of the routes 18. We seek comment on certain commissions have had to determine the generated by computer cost models. We specific cost input issues. Structure appropriate mix of new switches, ask parties to explain how their sharing refers to how much of the cost growth switching equipment, and proposed network principles reflect the of installing poles, digging trenches, and technology upgrades to existing variables than incumbent and placing conduit would be shared on a equipment. This issue arises because competitive LECs consider in making forward-looking basis by the incumbent switch manufacturers typically offer a routing and construction decisions. To LEC with other entities. The more relatively large price discount for an the extent parties propose principles sharing that is assumed, the lower the entirely new switch and a smaller based on the real-world attributes of an cost to the incumbent LEC of providing discount on growth or upgrade incumbent LEC’s existing network, they the element. We seek comment on the equipment added to an existing switch. should explain in detail how a state guidance the Commission should The Commission has rejected commission would establish the provide to state commissions on the assumptions of both 100 percent new forward-looking cost of an existing method for establishing structure switches and 100 percent growth network, and how such a costing sharing percentages, particularly in light equipment. approach differs from ‘‘rate-of-return or of our tentative conclusion, above. 21. Because switching equipment has other rate-based’’ methodologies Should sharing opportunities that were a high degree of modularity, carriers prohibited under section 252(d)(1). 47 available at the time plant was build be over time grow their switches and U.S.C. 252(d)(1). We also ask parties to considered? How relevant are an upgrade them with new technology as it comment on the applicability, if any, of incumbent LEC’s actual sharing evolves over time on the premise that the Commission’s conclusion in the percentages? What other sources of data this is a better way to minimize costs USF Platform Order that incumbent LEC might be relevant? We request parties than purchasing a switch large enough networks are an inappropriate basis to identify factors that either encourage or to satisfy anticipated demand over the use to determine outside plan design discourage parties from sharing entire life of the switch. We seek because they ‘‘may not represent the construction costs today and explain comment on whether unbundled least-cost, most-efficient design in some how these factors should be reflected in switching costs should be based on the cases.’’ Finally, we invite parties, and in determining UNE prices. Parties should prices that an efficient incumbent LEC particular state commissions, to provide empirical data with respect to or other entrant would pay for switching
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equipment over the life of the switch costs of all future technology upgrade a monopoly market? We also seek and not at a particular point in the equipment that is expected to be comment on the role of fixed and sunk switch’s life cycle. In addressing this installed periodically over the life of the costs, assumptions about the level and question, parties should explain the switch. Parties should explain and fully kind of competition, and entry strategies assumptions they make with respect to document the methodology, of competitors in affect risk and cost of line demand and technology assumptions, and data they use to capital of incumbent carriers. improvements, and their assumptions estimate these costs and the demand 28. We seek comment on the regarding vendor pricing strategies. over which these costs are spread. If a relationship, if any, between our 22. The basic formula for developing commenter believes UNE prices should unbundling rules and the risk of a price for an element is to divide total be based on a switch technology other stranded investment. Have long-term cost by total demand. We ask for than digital technology, that party may contracts been used in the provision of comment on the use of this principle in submit other studies in addition to, UNEs and how does this answer affect developing a price that is based on costs rather than in place of, the studies the cost of capital? How can the risks of equipment installed in increments requested above. associated with month-to-month over the life of the switch. Parties 25. Cost of Capital. The cost of capital contracts be quantified? Does the use of should also explain whether, and how, is the cost a firm will incur in raising economic depreciation eliminate the these calculations should account for funds in a competitive capital market. It need to compensate separately an the time value of money. Is the is generally estimated as a weighted incumbent LEC for any additional risk appropriate discount rate for use in average of the cost of equity and the cost of stranded investment? determining the time value of money of debt. In the Triennial Review Order, 29. We ask parties to comment on the cost of capital used in calculating the Commission clarified that the ways in which the Commission might UNE prices generally? TELRIC-based cost of capital should simplify the task of setting the cost of 23. Assuming that unbundled reflect the risks of a competitive market. capital. For example, if we retain our switching prices should reflect vendor Because the objective of TELRIC is to current rules, should the cost of capital prices for switch equipment that is establish a price that replicates the price vary among different states or among installed in increments over the life of that would exist in a market in which different companies, and, if not, should the switch, we seek comment on there is facilities-based competition, the the Commission establish a particular whether the starting point for Commission held that TELRIC prices cost of capital for states to employ? If we calculating costs should be a new should reflect the risk of losing move to a pricing regime that looks switch that is installed today. We also customers to other facilities-based more closely at the incumbent LEC’s seek comment on whether unbundled carriers. The importance of this actual network, are there any switching prices should reflect, in clarification was to confirm that state presumptions we could establish to addition to costs for the initial switch commission must use a consistent set of facilitate selection of a cost of capital? equipment, costs of growth additions assumptions when they calculate the We ask parties to provide studies in and technology upgrades, growth three main rate components (i.e., additions alone, or upgrades alone for operating expenses, cost of capital, and support of their proposals. Regardless of the years following the initial depreciation). We invite parties to our network assumptions, are there installation. Commenters that believe comment on whether this principle particular models for projecting cost of current prices should recover costs of should apply even if the Commission capital that should or should not be future upgrades should explain why adopts a UNE pricing methodology that used and are there particular data current competitive LECs should pay for is tied more closely to the existing sources that should or should not be benefits that they do not yet receive. In network of an incumbent LEC. given deference? We ask parties to light of our conclusion that UNE pricing 26. We ask parties to identify the identify proxy companies or industries should continue to be based on a specific variables that determine the for use in estimating UNE cost of forward-looking methodology, we ask cost of capital under the network capital. commenters to describe in detail any assumptions that they advocate, and to 30. We ask parties to comment on rationale for supporting or rejecting offer suggestions as to how to quantify when it would be appropriate for a state UNE prices based on vendor prices that the various components of risk that commission to establish different costs incumbent LECs currently pay for should be reflected in a company’s cost of capital for different UNEs and, in equipment they are installing today in of capital. We request parties to identify those situations, to identify what types existing switches. both the theoretical arguments and of risks distinguish one element from 24. We ask parties to explain in detail empirical evidence supporting the use another. Would such an approach the methodology that should be used to of these variables. We seek comment on accurately reflect how incumbent LECs develop total cost and total demand how the cost of debt and equity should actually raise capital and, if not, is this under this approach. We also invite be weighted and on how states should relevant? We also seek comment on why parties to submit studies showing how determine the appropriate capital such an approach has not been to develop an unbundled switching structure. We seek comment on whether implemented in the states. We seek price. These studies should assume that incremental investment is typically comment, particularly from state service is provided using modern digital funded through debt or equity and commissions, on whether and, if so, switches that are installed today. We ask whether the cost of capital should why such an approach has been that commenters develop this price for reflect this. considered and rejected. Are there steps either an incumbent LEC’s study area or 27. One important risk factor is the the Commission could take to facilitate a UNE zone within a study area. One risk of losing customers to facilities- the ability of states to establish UNE- study should develop the costs of initial based competitors. How should this risk specific costs of capital? Do the benefits new equipment and all future growth be measured? What is the relationship of using a cost of capital that more equipment that is expected to be between this risk and the network accurately reflects the risk associated installed periodically over the life of the assumptions we adopt. Is the risk of with providing a particular UNE switch. A second study should develop supplying a product or service always outweigh the administrative burden of costs for these two components plus greater in a competitive market than in such an approach?
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31. We ask parties to explain whether they use to plan their capital explain whether recent declines in different proxy groups should be used to expenditures. We further seek comment equipment costs, if any, are useful in estimate the cost of capital for different on whether compliance with GAAP establishing a general approach, or are UNEs. Parties should identify these results in any systematic bias. they instead extraordinary events proxy groups and explain in detail why 35. We seek comment on how caused by the recent sudden decline in they are appropriate. Alternatively, financial reporting lives are developed markets for telecommunications parties that advocate using a single and whether they accurately represent equipment generally and therefore not proxy group and then adjusting that cost the anticipated economic lives of assets. reliable indicators of general trends in of capital according to the relative risk For example, how do financial lives equipment pricing. of the particular UNE should explain in reflect the potential impact of future 38. We seek comment on whether, if detail how to make the relevant technologies? What asset lives are the investment cost of equipment adjustments. appropriate for equipment in the changes from year to year, should UNE 32. Depreciation Expense. Economic existing incumbent LEC network that is, prices also similarly change from year to depreciation is a method of reflecting or soon will be, obsolete? How relevant, year, all else being equal. We ask parties anticipated declines in the net present if at all, is the actual retirement to comment on the costs and benefits of value of an asset of the course of its experience of an incumbent LEC, its using a wholesale pricing regime useful life. Calculating the appropriate depreciation reserves, or its projected responds to a market where investment rate of a price decline is complicated investment plans for the near future? Is costs are changing and facilities-based because it is based largely on there other objective evidence the competition exists or is expected to projections about future events. In UNE Commission should consider in this exist. We also ask parties to address pricing cases, the task is even more regard? We encourage parties to provide whether adjustments to depreciation difficult because most models include a studies forecasting the economic lives of expense are the best mechanism for levelization function that imposes a the major local exchange carrier assets reflecting anticipated equipment price constant price schedule over the life of in support of their proposals. changes in UNE rates. the asset. There are two components of 36. We also ask parties to comment on 39. Although carriers continually depreciation—the useful life of the asset whether FCC regulatory lives reflect the invest in new assets and depreciate old and the rate at which the asset is competition and technology assets, UNE cost models typically depreciated over that useful life. assumptions required under a forward- assume that the entire investment in the Although the Commission has yet to looking costing methodology. We seek network is made at a single point in provide guidance regarding the use of comment on whether these lives, first time, and that no additional investment economic depreciation or to mandate a established a decade ago, are still is made in subsequent periods. This specific set of economic lives, in the accurate. We ask parties to explain same process is repeated each time a Triennial Review Order, the whether the validity of FCC asset lives state commission sets new rates. Commission clarified that a carrier may depends in part on whether the Because the return on investment will accelerate recovery of the initial capital Commission retains a scorched node decline in each period as the base of outlay for an asset over its life to reflect approach to network design or instead undepreciated investment declines, any anticipated decline in its value. adopts its tentative conclusion that even straight-line depreciation will 33. The useful life of an asset forward-looking costs should more result in rapidly declining prices over normally is determined by comparing closely account for the real-world time unless recovery is levelized across the operating cost of the existing asset attributes of the routing and topography time periods. Consequently, a with the operating cost plus investment of an incumbent LEC’s network. ‘‘levelization’’ function is included in cost of a new asset that performs the 37. The second component of most cost models to replicate real-world same functions (assuming the new depreciation is the depreciation rate. investment and recovery patterns. equipment will generate the same Where equipment prices are expected to 40. The levelization of rates that revenue as the existing equipment). decline over time, the value of existing occurs in most cost models appears to Estimating asset lives is difficult network assets (and therefore prices be inconsistent with the concept of because the estimate depends on the under a forward-looking methodology) adjusting UNE prices to reflect physical life of the existing asset, the should decline at the same rate. We seek anticipated changes in equipment expected operating costs of the existing comment on the relationship between prices. We ask parties to comment on asset, and the expected investment and the rate of change in equipment prices this statement and to discuss the operating cost of new assets, some of and the rate of change in final product consequences of running current cost which may not yet have been invented. prices. To what extent do companies in models without the levelization 34. We seek comment on the guidance competitive markets consider changes function. Would there be dramatic that we may provide to the states on the in the economic efficiency of assets variation in rates from year to year if issue of asset lives. For example, is the (e.g., price changes, technological rates were not levelized? Does the use Commission’s past reluctance to rely advances) in deciding how quickly to of levelization send incorrect signals to solely on Generally Accepted recover investments? How can we the extent that it produces UNE prices Accounting Principles (GAAP) financial measure anticipated changes in the that do not vary over time even when reporting lives warranted in the context efficiency of equipment? Must any input prices are rising or falling? We of UNE ratesetting? We seek comment measure of equipment price also reflect seek comment on whether a better on the relationship between the advances in the capabilities of the approach might be to recover through financial lives used to develop earnings equipment? What sources of depreciation expense the difference reported to shareholders and the information would be appropriate for between the current value of the asset financial lives those that companies use use in establishing rates based on a and the anticipated value of the asset at to plan their future capital forward-looking costing methodology? the next rate proceeding. We request expenditures? If those lives differ, we We request that parties explain how that parties explain how such an request that parties explain why. We different sources of data address approach would work as a practical also request that competitive LECs and changing capabilities of equipment over matter, including whether and how incumbent LECs submit the lives that time. We also request that parties prices should be adjusted if a state
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commission’s expectation regarding costs be allocated among different appropriately spread among the equipment prices prove to be incorrect. elements? Is it appropriate to allocate incumbent LEC’s retail customers as We ask parties to identify any other these costs to non-recurring charges, or well? approaches to economic depreciation should they be recovered only through 48. We seek comment on which that might be used. recurring charges. activities are susceptible to automation 41. We also seek comment on whether 45. Non-Recurring Charges. Non- and on how state commissions should a reduction in asset lives might be used recurring costs may be thought of as the determine the costs of performing these as a proxy for changing investment ‘‘installation’’ or ‘‘set-up’’ costs an activities. We request that parties costs. Under what circumstances would incumbent LEC incurs processing and comment on how, in addition to a carrier retire an asset before the end provisioning a competitive LEC order subjective opinions of subject matter of its useful life? We ask parties to for a UNE. Non-recurring charges experts, state commissions might comment on how unregulated (NRCs) constitute an up-front cost to the develop more objective evidence on companies account for the uncertainties competitive LEC that is generally not non-recurring costs. Would a shift to associated with equipment price recoverable if it subsequently loses the network assumptions that more closely changes and other consequences of end-user customer served with the UNE. track the incumbent LEC’s existing advancing technologies. Consequently, NRCs can be a barrier to network eliminate some of the 42. Expense Factors. Regulators often entry, especially if they are unduly high. speculation that often characterizes state estimate projected operating expenses 46. There are two primary sets of proceedings? Is it appropriate to by multiplying the projected investment issues that pertain to NRCs. The first set establish a presumption that an in the network by an annual cost factor of issues relates to the costs an incumbent LEC’s current practices with (ACF). An ACF typically is a ratio of incumbent LEC should be permitted to respect to non-recurring activities are current expenses to current investment recover for the activities needed to efficient, or are an incumbent LEC’s for a particular account. The ratio is initiate service to a competitive LEC. We incentives to be efficient diminished multiplied by the projected investment believe that consistency among the when competitive LECs are the primary to obtain the projected expenses. An various components of rates is users of a particular activity? alternative method of calculating important. Using one set of network 49. The second main set of NRC monthly operating costs is to look at assumptions for recurring charges and a issues relates to whether non-recurring current operating expenses and make different set of network assumptions for costs should be recovered through NRCs any adjustments that reflect anticipated NRCs potentially results in some over- or through recurring charges. Generally, experience in the period for which the recovery or under-recovery. the non-recurring costs at issue are labor projection is made, such as adjustments Nevertheless, we are sensitive to the costs, such as the cost of sending a for productivity and inflation. We seek practical concern that network technician to a particular location to comment on these approaches to assumptions that depart significantly enable the competitive LEC to provide estimating expenses. Is one approach from an incumbent LEC’s existing service to a particular end-user. One superior to the others? Under the network might preclude recovery of the possible solution to this issue would be network assumptions required by our cost of non-recurring activities that to limit recovery through NRCs to those TELRIC rules, is it correct to assume would be required in establishing a costs that exclusively benefit the that expenses will be reduced in competitive market. We ask parties to competitive LEC ordering the UNE. The proportion to reductions in investment? address whether our tentative cost of activities for which NRCs would Would such an assumption be more conclusion that the pricing rules should not be permitted generally would be acceptable if we changed the network more closely account for the real-world recovered in recurring charges through assumptions to more closely track an attributes of the routing and topography expense factors. We seek comment on incumbent LEC’s existing network? We of and incumbent’s network should this approach. What affect would this request parties to explain whether it apply with respect to NRCs and, if it approach have on the number of would be reasonable to assume that an does, whether this ensures that activities for which NRCs would be incumbent LEC’s current expenses incumbent LECs will be able to recover permitted? How would such an represent the forward-looking costs of all of their forward-looking costs of non- approach be implemented by the states? operating a network. We also request recurring activities. Although such an approach would parties to identify if there are other 47. A related issue is the relationship reduce the likelihood that NRCs would approaches to projecting expenses that between NRCs for manual activities and impose a barrier to competitive entry, do not rely on an incumbent LEC’s past an incumbent LEC’s operational support would it also provide incumbent LECs experience. We invite parties to provide systems (OSS). In light of our tentative with full recovery of their forward- empirical evidence that demonstrates conclusion, above, we seek comment on looking costs? Under this approach to the factors that most influence the level what assumptions should be made with NRCs, would there be cost double of expenses. respect to the capability of the recovery issues between expenses and 43. If we find that the best method of incumbent LEC’s OSS. Should OSS NRCs with regard to carriers that projecting expenses is to make forward- costs be recovered through expense already paid the NRCs and would now looking adjustments to actual expenses, factors or through a separate charge? If be paying for the costs again through we seek comment on the type of through a separate charge, how should ACFs in recurring charges? adjustments that would be appropriate. that charge be calculated? Should 50. We solicit comment on whether a If adjustments are made for inflation incumbent LECs be permitted to recover contrary approach, allowing NRCs for and productivity, how should those through separate OSS charges the costs every activity related to a competitive factors be measured? From what sources associated with systems that are used LEC order, would provide sufficient should this information be developed? for both wholesale and retail services incentive for incumbent LECs to use 44. We ask parties to address any and, if so, how should regulators mechanized processes when it is specific issues that arise in connection allocate OSS costs between these efficient to do so. Would such an with estimating non-plant specific functions? Should all costs of making approach increase the risk of over- expenses, such as customer care or OSS available to competitors be borne recovery by the incumbent? Would common overhead. How should these by them or are there costs more regulators need to develop mechanisms
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to back out these costs in developing conditioning and the future carriers that adjust rates based on productivity and expense factors? Would it be necessary provide digital subscriber line service inflation factors work for UNE prices to develop some type of refund over the conditioned loop. and, if so, how? In particular, we ask mechanism if other carriers also benefit 54. Rate Structure. The current rules parties how productivity factors might from the work? Parties that oppose contain a variety of requirements be calculated. We invite parties to limiting the activities for which NRCs regarding how UNE rates should be produce empirical evidence regarding are permitted should suggest practical structured. 47 CFR 51.509. We seek productivity, such as productivity methods for making such adjustments. comment on whether, and under what studies, that could be used to establish 51. We invite parties to offer other circumstances, changes are needed to productivity factors if we pursue this suggestions on principles that states our rate structure requirements. For approach. We also seek comment on, if could apply to identify when it is example, would it be appropriate to the use of productivity factors to adjust appropriate to recover costs through require switching costs or shared rates periodically is feasible, whether it NRCs, and the consequences of those transport costs to be recovered solely should be mandatory and whether it principles on competitive entry and cost through flat-rated charges? satisfies a state’s legal obligations under recovery. For example, of what 55. Rate Deaveraging. The section 252. Are there methods other relevance are the NRCs imposed by Commission’s current rules require that than the use of productivity factors that incumbent LECs on retail customers? UNE rates be geographically deaveraged could be used to make periodic rate Would eliminating or reducing the into at least three cost-based rate zones, adjustments? allocation of common costs and and do not permit ‘‘class-of-service’’ 57. Resale Pricing. Section 252(d)(3) overhead to activities for which NRCs deaveraging. We seek comment on of the Telecommunications Act of 1996 are imposed resolve concerns about the whether, given the Commission’s requires that state commissions level of NRCs? limited ability to influence or control establish wholesale rates for resold 52. Beyond these general NRC issues, retail local exchange rates, changes to services based on the incumbent LEC’s we seek comment on some specific our deaveraging policies with respect to retail rates, ‘‘excluding the portion issues. We request that parties comment UNEs are necessary to achieve the thereof attributable to any marketing, on whether disconnection costs should Commission’s goal of sending billing, collection, and other costs that be recovered as a separate cost at the appropriate economic signals with will be avoided by the local exchange time of disconnection or if they should respect to competitive entry and carrier.’’ 47 U.S.C. 252(d)(3). The be recovered through a NRC imposed at investment or are there alternative steps Commission’s original resale pricing the time of installation. We ask that the Commission might take. We seek rules were vacated the by U.S. Court of parties provide empirical evidence with comment on whether, and under what Appeals for the Eighth Circuit, which respect to the frequency with which circumstances we should retain the found that the appropriate standard for facilities actually are disconnected and requirement of geographic deaveraging. determining avoided costs is not those the costs are not recovered through What are the consequences of costs that ‘‘can be avoided,’’ but rather other charges. We ask parties that favor deaveraging UNE prices in states where ‘‘those costs that the [incumbent LEC] recovering disconnection costs at the retail rates are not similarly deaveraged? will actually avoid in the future.’’ Iowa time of installation to explain how to Would it be appropriate to require Utils. Bd. v. FCC, 219 F.3d 744, 755 (8th reflect the time value of money in deaveraging only in states where retail Cir. 2000). In light of this decision, we calculating the costs at the time of rates are deaveraged? Can such an ask parties to comment on the need for installation and to explain whether approach be reconciled with the cost- the Commission to adopt new rules there are other factors that outweigh the based pricing standard contained in implementing section 252(d)(3). Is the consequences of having an intentional section 252(d)? We also seek comment statutory language, as interpreted by the mismatch between costs and revenues on whether, and under what Eighth Circuit, sufficiently clear that (caused by recovering the costs before circumstances, to retain the requirement further guidance from the Commission they are incurred). to average rates across different classes is unnecessary? Parties that favor the 53. A second specific issue on which of service. Parties that favor elimination establishment of national rules should we seek comment is loop conditioning. or modification of this requirement explain what those rules would require. In the Triennial Review Order, the should present evidence demonstrating Is it necessary or helpful for the Commission stated that state that the costs of serving different classes Commission to identify categories of commissions have discretion to of customers are sufficiently different to costs that either are or are not determine whether loop conditioning warrant deaveraging of those rates. Also, presumptively avoided? Parties that costs are forward-looking costs, and we seek comment on whether favor the Commission establishing this whether those costs should be recovered deaveraging UNE rates across classes of type of presumption should provide through recurring or non-recurring customers is appropriate is retail rates objective evidence demonstrating the charges. We ask parties to comment on do not reflect these same cost type of costs that incumbent LECs when and how the costs associated with differences. actually avoid when they provide loop conditioning should be recovered 56. Rate Changes Over Time. UNE services to competitors for resale. For through recurring or non-recurring pricing proceedings require a example, how should common costs be charges. We noted in the Triennial substantial commitment of resources treated? Review Order that one option available from everyone involved and typically 58. We ask parties to discuss whether to state commissions would be to permit take a considerable time to complete. it is necessary, or helpful, for the NRCs for loop conditioning only in We ask parties to comment on whether Commission to establish evidentiary extraordinary circumstances, such as there might be mechanisms that could guidelines with respect to the resale copper loops that are longer than 18,000 be used to adjust prices over time, discount. Should incumbent LECs be feet. We seek comment on whether this thereby reducing the need for state obligated to file cost studies in support is a useful distinction. We also seek commissions to conduct a full UNE of their proposed discounts, or are there comment on how, if at all, should such pricing proceeding every few years. alternative showings that might be NRCs be distributed among the Would an approach, similar to many sufficient? If studies are required, what competitive LEC requesting price cap regimes, which periodically level of detail should they contain?
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Must direct and indirect costs be difference between what a competitor Order, 61 FR 52706, October 8, 1996. specifically identified? pays for network elements under rates The Commission stated at that time that 59. Finally, we ask parties to address established pursuant to the current it would continue to review its pricing whether the subscriber line charge TELRIC rules and what that competitor rules based on the results of state should be subject to the resale discount. would pay for the same facilities or arbitration proceedings and provide 60. Interconnection Pricing and services under rates established additional guidance as necessary. Reciprocal Compensation. Under pursuant to any new rules we may 67. Based on the wealth of experience section 252(d)(1), interconnection is adopt in this proceeding. If a true-up that has been developed over the last subject to the same cost-based pricing mechanism is appropriate, to what seven years, the Commission initiates standard as UNEs. We ask parties to period should any true-up be this proceeding to consider whether the comment on whether there is any reason applicable? Should the beginning of the TELRIC methodology for pricing UNEs that changes to the current pricing rules true-up period be the effective date of under the Act is working as intended for UNEs should not also apply to the final Commission order in this and whether it is conducive to efficient interconnection provided pursuant to proceeding? Or is some other true-up facilities investment. The Commission section 251(c)(2). We note that the period more appropriate? also requests comment in this Commission is considering issues proceeding on its resale pricing rules. related to the costs associated with Procedural Matters Incumbent LECs are required to resell interconnecting networks in the Paperwork Reduction Act retail services pursuant to section pending Intercarrier Compensation 251(c)(4) of the Act. This NPRM seeks NPRM, 66 FR 28410, May 23, 2001. 64. This Notice of Proposed to preserve the forward-looking Parties are invited to comment on the Rulemaking (NPRM) does not contain emphasis and pro-competitive purposes relationship between the section proposed or modified information of TELRIC, while simplifying this 251(d)(1) pricing standard and the collection requirements. methodology. The Commission’s proposals for recovery of Initial Regulatory Flexibility Act objective is to help state commissions interconnection costs that are now Analysis more easily develop UNE prices and under consideration in that proceeding. resale discounts that meet the statutory We also invite parties to comment on 65. As required by the Regulatory standards established by Congress in issues related to the pricing of Flexibility Act of 1980, as amended section 252(d) and to provide more collocation, which is also subject to the (RFA), 5 U.S.C. 603, the Commission certainty and consistency in the results section 252(d)(1) pricing standard. For has prepared the present Initial of these state proceedings. example, we solicit comment on Regulatory Flexibility Analysis (IRFA) 68. Although the Commission has whether charges for direct current (DC) of the possible significant economic addressed some specific TELRIC cost power should be based on the number impact on a substantial number of small input disputes as they have arisen in of amps consumed or the number of entities by the policies and rules section 271 proceedings, the amps fused. Finally, we ask parties to proposed in this NPRM. The RFA, see Commission’s disposition has provided address whether the Commission 5 U.S.C. 601 et seq., has been amended no systematic guidance on pricing should continue to apply the same by the Small Business Regulatory issues. This proceeding will provide pricing rules to UNEs and to reciprocal Enforcement Fairness Act of 1996 states and interested parties compensation. What would be the (SBREFA), Pub. L. No. 104–121, Title II, comprehensive guidance lacking in our consequences of having different pricing 110 Stat. 857 (1996). Written public consideration of section 271 regimes for these two different comments are requested on this IRFA. applications. In the Triennial Review functions? Comments must be identified as Order, the Commission clarified the 61. Implementation Issues. We ask responses to the IRFA and must be filed existing rules regarding two key parties to comment on how any changes by the deadlines for comments on the components of TELRIC—cost of capital to the Commission’s UNE pricing rules NPRM provided below. The and depreciation. should be implemented by the states. Commission will send a copy of the 69. Because of the general nature of We ask parties to explain how state NPRM, including this IRFA, to the Chief the Commission’s rules and the commissions have proceeded in Counsel for Advocacy of the Small hypothetical and complex nature of the establishing prices under section Business Administration. See 5 U.S.C. TELRIC inquiry, it is often difficult to 252(d)(1). 603(a). In addition, the NPRM and IRFA understand how actual UNE rates are 62. We seek comment on whether we (or summaries thereof) are being derived. Uncertainty or inconsistency in should establish a national timetable published in the Federal Register. how to apply TELRIC rules may also pursuant to which states will conduct Need for, and Objectives of, the result in rates that significantly vary new UNE cost proceedings to reset all Proposed Rules from state to state without regard to rates in accordance with any new rules. genuine cost differences. This lack of If we establish a timetable for initiating 66. In this NPRM, the Commission predictability in UNE rates is difficult to new UNE rate proceedings, should we initiates the first comprehensive review reconcile with the Commission’s desire require that such proceedings be of TELRIC pricing rules since they were that UNE prices send correct economic resolved within a certain time period, adopted. Section 252(d)(1) of the Act signals for competitive and investment consistent with our direction to the sets forth the pricing standard for UNEs. purposes. This NPRM seeks to simplify states to perform the granular inquiries Section 252(d)(3) of the Act requires TELRIC pricing, provide more specific set forth in the Triennial Review that state commissions establish guidance to make the TELRIC rate- proceeding? If so, is a nine-month time wholesale rates for resold services based setting process less speculative and period sufficient to establish new UNE on the incumbent LEC’s retail rates. improve the accuracy of its pricing prices? What recourse should carriers Seven years ago, the Commission signals. have if a state fails to act in the allotted adopted its current rules that base UNE time? prices on the Total Element Long Run Legal Basis 63. We also seek comment on whether Incremental Cost (TELRIC) of a UNE. 70. This NPRM is adopted pursuant to to establish a true-up mechanism for the Local Competition First Report and sections 1, 4(i), (4j), 201–205, 251, 252,
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and 303 of the Communications Act of 1,500 or fewer employees. Below, using ‘‘Other Local Exchange Carriers,’’ all of 1934, as amended, 47 U.S.C. 151, 154(i), the above size standards and others, we which are discrete categories under (j), 201–205, 251, 252, and 303. discuss the total estimated numbers of which TRS data are collected. The small businesses that might be affected closest applicable size standard under Description and Estimate of the Number by our actions. SBA rules is for Wired of Small Entities to Which the Proposed 73. We have included small Telecommunications Carriers. Under Rules Will Apply incumbent LECs in this present RFA that size standard, such a business is 71. The RFA directs agencies to analysis. As noted above, a ‘‘small small if it has 1,500 or fewer employees. provide a description of and, where business’’ under the RFA is one that, According to Commission data, 532 feasible, an estimate of the number of inter alia, meets the pertinent small companies reported that they were small entities that will be affected by the business size standard (e.g., a wired engaged in the provision of either proposed rules. The RFA generally telecommunications carrier having competitive access provider services or defines the term ‘‘small entity’’ as 1,500 or fewer employees), and ‘‘is not competitive local exchange carrier having the same meaning as the terms dominant in its field of operation.’’ The services. Of these 532 companies, an ‘‘small business,’’ ‘‘small organization,’’ SBA’s Office of Advocacy contends that, estimated 411 have 1,500 or fewer and ‘‘small governmental jurisdiction.’’ for RFA purposes, small incumbent employees and 121 have more than In addition, the term ‘‘small business’’ LECs are not dominant in their field of 1,500 employees. In addition, 55 has the same meaning as the term operation because any such dominance carriers reported that they were ‘‘Other ‘‘small business concern’’ under the is not ‘‘national’’ in scope. We have Local Exchange Carriers.’’ Of the 55 Small Business Act. A small business therefore included small incumbent ‘‘Other Local Exchange Carriers,’’ an concern is one which: (1) Is LECs in this RFA analysis, although we estimated 53 have 1,500 or fewer independently owned and operated; (2) emphasize that this RFA action has no employees and two have more than is not dominant in its field of operation; effect on Commission analyses and 1.500 employees. Consequently, the and (3) satisfies any additional criteria determinations in other, non-RFA Commission estimates that most established by the Small Business contexts. providers of competitive local exchange Administration (SBA). The term ‘‘small 74. Wired Telecommunications service, competitive access providers, governmental jurisdiction’’ is defined as Carriers. The SBA has developed a and ‘‘Other Local Exchange Carriers’’ ‘‘governments of cities, towns, small business size standard for Wired are small entities that may be affected townships, villages, school districts, or Telecommunications Carriers, which by the rules and policies adopted special districts, with a population of consists of all such companies having herein. less than fifty thousand.’’ 15 U.S.C. 632. 1,500 or fewer employees. According to 77. Interexchange Carriers (IXCs). As of 1997, there were about 87,453 Census Bureau data for 1997, there were Neither the Commission nor the SBA governmental jurisdictions in the 2,225 firms in this category, total, that has developed a size standard for small United States. This number includes operated for the entire year. Of this businesses specifically applicable to 39,044 county governments, total, 2,201 firms had employment of interexchange services. The closest municipalities, and townships, of which 999 or fewer employees, and an applicable size standard under SBA 37,546 (approximately 96.2%) have additional 24 firms had employment of rules is for Wired Telecommunications populations of fewer than 50,000, and of 1,000 employees or more. Thus, under Carriers. Under that size standard, such which 1,498 have populations of 50,000 this size standard, the great majority of a business is small if it has 1,500 or or more. Thus, we estimate the number firms can be considered small. fewer employees. According to of small governmental jurisdictions 75. Incumbent Local Exchange Commission data, 229 companies overall to be 84,098 or fewer. We also Carriers (LECs). Neither the Commission reported that their primary note that the term ‘‘small governmental nor the SBA has developed a size telecommunications service activity was jurisdiction’’ includes state regulatory standard for small businesses the provision of interexchange services. bodies commonly known as state public specifically applicable to incumbent Of these 229 companies, an estimated utilities commissions or public service local exchange services. The closest 181 have 1,500 or fewer employees and commissions which may be directly applicable size standard under SBA 48 have more than 1,500 employees. affected by this NPRM. rules is for Wired Telecommunications Consequently, the Commission 72. In this section, we further describe Carriers. Under that size standard, such estimates that the majority of and estimate the number of small entity a business is small if it has 1,500 or interexchange service providers are licensees and regulatees that may also fewer employees. According to small entities that may be affected by be indirectly affected by rules adopted Commission data, 1,329 carriers the rules and policies adopted herein. pursuant to this NPRM. The most reported that they were engaged in the 78. Operator Service Providers (OSPs). reliable source of information regarding provision of local exchange services. Of Neither the Commission nor the SBA the total numbers of certain common these 1,329 carriers, an estimated 1,024 has developed a size standard for small carrier and related providers have 1,500 or fewer employees and 305 businesses specifically applicable to nationwide, as well as the number of have more than 1,500 employees. operator service providers. The closest commercial wireless entities, appears to Consequently, the Commission applicable size standard under SBA be the data that the Commission estimates that most providers of rules is for Wired Telecommunications publishes in its Trends in Telephone incumbent local exchange service are Carriers. Under that size standard, such Service report. The SBA has developed small businesses that may be affected by a business is small if it has 1,500 or small business size standards for the rules and policies adopted herein. fewer employees. According to wireline and wireless small businesses 76. Competitive Local Exchange Commission data, 22 companies within the three commercial census Carriers (CLECs). Neither the reported that they were engaged in the categories of Wired Commission nor the SBA has developed provision of operator services. Of these Telecommunications Carriers, Paging, a size standard for small businesses 22 companies, an estimated 20 have and Cellular and Other Wireless specifically applicable to providers of 1,500 or fewer employees and two have Telecommunications. Under these competitive exchange services or to more than 1,500 employees. categories, a business is small if it has competitive access providers or to Consequently, the Commission
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estimates that the great majority of affected by the rules and policies of 422 C and F Broadband PCS licenses operator service providers are small adopted herein. in Auction No. 35. Of the 35 winning entities that may be affected by the rules 82. Wireless Service Providers. The bidders in this auction, 29 qualified as and policies adopted herein. SBA has developed a small business ‘‘small’’ or ‘‘very small’’ businesses. 79. Payphone Service Providers size standard for wireless firms within Based on this information, the (PSPs). Neither the Commission nor the the two broad economic census Commission concludes that the number SBA has developed a size standard for categories of Paging and Cellular and of small broadband PCS licenses will small businesses specifically applicable Other Wireless Telecommunications. include the 90 winning C Block bidders, to payphone services providers. The Under both SBA categories, a wireless the 93 qualifying bidders in the D, E, closest applicable size standard under business is small if it has 1,500 or fewer and F Block auctions, the 48 winning SBA rules is for Wired employees. For the census category of bidders in the 1999 re-auction, and the Telecommunications Carriers. Under Paging, Census Bureau data for 1997 29 winning bidders in the 2001 re- that size standard, such a business is show that there were 1320 firms in this auction, for a total of 260 small entity small if it has 1,500 or fewer employees. category, total, that operated for the broadband PCS providers, as defined by According to Commission data, 936 entire year. Of this total, 1303 firms had the SBA small business size standards companies reported that they were employment of 999 or fewer employees, and the Commission’s auction rules. engaged in the provision of payphone and an additional 17 firms had Consequently, the Commission services. Of these 936 companies, an employment of 1,000 employees or estimates that 260 broadband PCS estimated 933 have 1,500 or fewer more. Thus, under this category and providers are small entities that may be employees and three have more than associated small business size standard, affected by the rules and policies 1,500 employees. Consequently, the the great majority of firms can be adopted herein. Commission estimates that the great considered small. For the census 84. Narrowband Personal majority of payphone service providers category Cellular and Other Wireless Communications Services. To date, two are small entities that may be affected Telecommunications firms, Census auctions of narrowband personal by the rules and policies adopted Bureau data for 1997 show that there communications services (PCS) licenses herein. were 977 firms in this category, total, have been conducted. For purposes of 80. Prepaid Calling Card Providers. that operated for the entire year. Of this the two auctions that have already been The SBA has developed a size standard total, 965 firms had employment of 999 held, ‘‘small businesses’’ were entities for a small business within the category or fewer employees, and an additional of Telecommunications Resellers. Under 12 firms had employment of 1,000 with average gross revenues for the prior that SBA size standard, such a business employees or more. Thus, under this three calendar years of $40 million or is small if it has 1,500 or fewer second category and size standard, the less. Through these auctions, the employees. According to Commission great majority of firms can, again, be Commission has awarded a total of 41 data, 32 companies reported that they considered small. licenses, out of which 11 were obtained were engaged in the provision of 83. Broadband Personal by small businesses. To ensure prepaid calling cards. Of these 32 Communications Service. The meaningful participation of small companies, an estimated 31 have 1,500 broadband Personal Communications business entities in future auctions, the or fewer employees and one has more Service (PCS) spectrum is divided into Commission has adopted a two-tiered than 1,500 employees. Consequently, six frequency blocks designated A small business size standard in the the Commission estimates that the great through F, and the Commission has held Narrowband PCS Second Report and majority of prepaid calling card auctions for each block. The Order. A ‘‘small business’’ is an entity providers are small entities that may be Commission defined ‘‘small entity’’ for that, together with affiliates and affected by the rules and policies Blocks C and F as an entity that has controlling interests, has average gross adopted herein. average gross revenues of $40 million or revenues for the three preceding years of 81. Other Toll Carriers. Neither the less in the three previous calendar not more than $40 million. A ‘‘very Commission nor the SBA has developed years. For Block F, an additional small business’’ is an entity that, a size standard for small businesses classification for ‘‘very small business’’ together with affiliates and controlling specifically applicable to ‘‘Other Toll was added and is defined as an entity interests, has average gross revenues for Carriers.’’ This category includes toll that, together with its affiliates, has the three preceding years of not more carriers that do not fall within the average gross revenues of not more than than $15 million. The SBA has categories of interexchange carriers, $15 million for the preceding three approved these small business size operator service providers, prepaid calendar years.’’ These standards standards. In the future, the calling card providers, satellite service defining ‘‘small entity’’ in the context of Commission will auction 459 licenses to carriers, or toll resellers. The closest broadband PCS auctions have been serve Metropolitan Trading Areas applicable size standard under SBA approved by the SBA. No small (MTAs) and 408 response channel rules is for Wired Telecommunications businesses, within the SBA-approved licenses. There is also one megahertz of Carriers. Under that size standard, such small business size standards bid narrowband PCS spectrum that has been a business is small if it has 1,500 or successfully for licenses in Blocks A held in reserve and that the Commission fewer employees. According to and B. There were 90 winning bidders has not yet decided to release for Commission data, 42 companies that qualified as small entities in the licensing. The Commission cannot reported that their primary Block C auctions. A total of 93 small predict accurately the number of telecommunications service activity was and very small business bidders won licenses that will be awarded to small the provision of payphone services. Of approximately 40 percent of the 1,479 entities in future actions. However, four these 42 companies, an estimated 37 licenses for Blocks D, E, and F. On of the 16 winning bidders in the two have 1,500 or fewer employees and five March 23, 1999, the Commission re- previous narrowband PCS auctions were have more than 1,500 employees. auctioned 347 C, D, E, and F Block small businesses, as that term was Consequently, the Commission licenses. There were 48 small business defined under the Commission’s rules. estimates that most ‘‘Other Toll winning bidders. On January 26, 2001, The Commission assumes, for purposes Carriers’’ are small entities that may be the Commission completed the auction of this analysis, that a large portion of
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the remaining narrowband PCS licenses Three nationwide licenses, 30 Regional business size standard for ‘‘small will be awarded to small entities. The Economic Area Group (EAG) Licenses, businesses’’ and ‘‘very small Commission also assumes that at least and 875 Economic Area (EA) Licenses. businesses’’ for purposes of determining some small businesses will acquire Of the 908 licenses auctioned, 693 were their eligibility for special provisions narrowband PCS licenses by means of sold. Thirty-nine small businesses won such as bidding credits and installment the Commission’s partitioning and licenses in the first 220 MHz auction. payments. A ‘‘small business’’ is an disaggregation rules. The second auction included 225 entity that, together with its affiliates 85. 220 MHz Radio Service—Phase I licenses: 216 EA licenses and 9 EAG and controlling principals, has average Licensees. The 220 MHz service has licenses. Fourteen companies claiming gross revenues not exceeding $15 both Phase I and Phase II licenses. Phase small business status won 158 licenses. million for the preceding three years. I licensing was conducted by lotteries in 87. 800 MHz and 900 MHz Additionally, a ‘‘very small business’’ is 1992 and 1993. There are approximately Specialized Mobile Radio Licenses. The an entity that, together with its affiliates 1,515 such non-nationwide licensees Commission awards ‘‘small entity’’ and and controlling principals, has average and four nationwide licensees currently ‘‘very small entity’’ bidding credits in gross revenues that are not more than $3 authorized to operate in the 220 MHz auctions for Specialized Mobile Radio million for the preceding three years. band. The Commission has not (SMR) geographic area licenses in the The SBA has approved these size developed a small business size 900 MHz bands to firms that had standards. An auction of Metropolitan standard for small entities specifically revenues of no more than $15 million in Economic Area licenses commenced on applicable to such incumbent 220 MHz each of the three previous calendar February 24, 2000, and closed on March Phase I licensees. To estimate the years, or that had revenues of no more 2, 2000. Of the 985 licenses auctioned, number of such licensees that are small than $3 million in each of the previous 440 were sold. Fifty-seven companies businesses, we apply the small business calendar years. The SBA has approved claiming small business status won. At size standard under the SBA rules these size standards. The Commission present, there are approximately 24,000 applicable to ‘‘Cellular and Other awards ‘‘small entity’’ and ‘‘very small Private-Paging site-specific licenses and Wireless Telecommunications’’ entity’’ bidding credits in auctions for 74,000 Common Carrier Paging licenses. companies. This standard provides that Specialized Mobile Radio (SMR) According to the most recent Trends in such a company is small if it employs geographic area licenses in the 800 MHz Telephone Service, 471 carriers reported no more than 1,500 persons. According bands to firms that had revenues of no that they were engaged in the provision to Census Bureau data for 1997, there more than $40 million in each of the of either paging and messaging services were 977 firms in this category, total, three previous calendar years, or that or other mobile services. Of those, the that operated for the entire year. Of this had revenues of no more than $15 Commission estimates that 450 are total, 965 firms had employment of 999 million in each of the previous calendar small, under the SBA business size or fewer employees, and an additional years. These bidding credits apply to standard specifying that firms are small 12 firms had employment of 1,000 SMR providers in the 800 MHz and 900 if they have 1,500 or fewer employees. employees or more. If this general ratio MHz bands that either hold geographic 89. 700 MHz Guard Band Licensees. continues in the context of Phase I 220 area licenses or have obtained extended In the 700 MHz Guard Band Order, we MHz licensees, the Commission implementation authorizations. The adopted a small business size standard estimates that nearly all such licensees Commission does not know how many for ‘‘small businesses’’ and ‘‘very small are small businesses under the SBA’s firms provide 800 MHz or 900 MHz businesses’’ for purposes of determining small business size standard. geographic area SMR service pursuant their eligibility for special provisions 86. 220 MHz Radio Service—Phase II to extended implementation such as bidding credits and installment Licensees. The 220 MHz service has authorizations, nor how many of these payments. A ‘‘small business’’ as an both Phase I and Phase II licenses. The providers have annual revenues of no entity that, together with its affiliates Phase II 220 MHz service is a new more than $15 million. One firm has and controlling principals, has average service, and is subject to spectrum over $15 million in revenues. The gross revenues not exceeding $15 auctions. In the 220 MHz Third Report Commission assumes, for purposes here, million for the preceding three years. and Order, we adopted a small business that all of the remaining existing Additionally, a ‘‘very small business’’ is size standard for ‘‘small’’ and ‘‘very extended implementation an entity that, together with its affiliates small’’ businesses for purposes of authorizations are held by small and controlling principals, has average determining their eligibility for special entities, as that term is defined by the gross revenues that are not more than $3 provisions such as bidding credits and SBA. The Commission has held million for the preceding three years. installment payments. This small auctions for geographic area licenses in An auction of 52 Major Economic Area business size standard indicates that a the 800 MHz and 900 MHz SMR bands. (MEA) licenses commenced on ‘‘small business’’ is an entity that, There were 60 winning bidders that September 6, 2000, and closed on together with its affiliates and qualified as small or very small entities September 21, 2000. Of the 104 licenses controlling principals, has average gross in the 900 MHz SMR auctions. Of the auctioned, 96 licenses were sold to nine revenues not exceeding $15 million for 1,020 licenses won in the 900 MHz bidders. Five of these bidders were the preceding three years. A ‘‘very small auction, bidders qualifying as small or small businesses that won a total of 26 business’’ is an entity that, together with very small entities won 263 licenses. In licenses. A second auction of 700 MHz its affiliates and controlling principals, the 800 MHz auction, 38 of the 524 Guard Band licenses commenced on has average gross revenues that do not licenses won were won by small and February 13, 2001 and closed on exceed $3 million for the preceding very small entities. Consequently, the February 21, 2001. All eight of the three years. The SBA has approved Commission estimates that there are 301 licenses auctioned were sold to three these small business size standards. or fewer small entity SMR licensees in bidders. One of these bidders was a Auctions of Phase II licenses the 800 MHz and 900 MHz bands that small business that won a total of two commenced on September 15, 1998, and may be affected by the rules and licenses. closed on October 22, 1998. In the first policies adopted herein. 90. Rural Radiotelephone Service. The auction, 908 licenses were auctioned in 88. Paging. In the Paging Third Report Commission has not adopted a size three different-sized geographic areas: and Order, we developed a small standard for small businesses specific to
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the Rural Radiotelephone Service. A three years not to exceed $15 million audio broadcasting satellite uses. The significant subset of the Rural dollars. In addition, a ‘‘very small’’ Commission established small business Radiotelephone Service is the Basic business is one that, together with size standards for the wireless Exchange Telephone Radio System controlling interests and affiliates, has communications services (WCS) (BETRS). The Commission uses the average gross revenues for the preceding auction. A ‘‘small business’’ is an entity SBA’s small business size standard three years not to exceed $3 million with average gross revenues of $40 applicable to ‘‘Cellular and Other dollars. There are approximately 10,672 million for each of the three preceding Wireless Telecommunications,’’ i.e., an licensees in the Marine Coast Service, years, and a ‘‘very small business’’ is an entity employing no more than 1,500 and the Commission estimates that entity with average gross revenues of persons. There are approximately 1,000 almost all of them qualify as ‘‘small’’ $15 million for each of the three licensees in the Rural Radiotelephone businesses under the above special preceding years. The SBA has approved Service, and the Commission estimates small business size standards. these small business size standards. The that there are 1,000 or fewer small entity 93. Fixed Microwave Services. Fixed Commission auctioned geographic area licensees in the Rural Radiotelephone microwave services include common licenses in the WCS service. In the Service that may be affected by the rules carrier, private operational-fixed, and auction, there were seven winning and policies adopted herein. broadcast auxiliary radio services. At bidders that qualified as ‘‘very small 91. Air-Ground Radiotelephone present, there are approximately 22,015 business’’ entities, and one that Service. The Commission has not common carrier fixed licensees and qualified as a ‘‘small business’’ entity. adopted a small business size standard 61,670 private operational-fixed We conclude that the number of specific to the Air-Ground licensees and broadcast auxiliary radio geographic area WCS licensees affected Radiotelephone Service. We will use licensees in the microwave services. by this analysis includes these eight SBA’s small business size standard The Commission has not created a size entities. applicable to ‘‘Cellular and Other standard for a small business 96. 39 GHz Service. The Commission Wireless Telecommunications,’’ i.e., an specifically with respect to fixed created a special small business size entity employing no more than 1,500 microwave services. For purposes of standard for 39 GHz licenses—an entity persons. There are approximately 100 this analysis, the Commission uses the that has average gross revenues of $40 licensees in the Air-Ground SBA small business size standard for the million or less in the three previous Radiotelephone Service, and we category ‘‘Cellular and Other calendar years. An additional size estimate that almost all of them qualify Telecommunications,’’ which is 1,500 standard for ‘‘very small business’’ is: an as small under the SBA small business or fewer employees. The Commission entity that, together with affiliates, has size standard. does not have data specifying the average gross revenues of not more than 92. Aviation and Marine Radio number of these licensees that have $15 million for the preceding three Services. Small businesses in the more than 1,500 employees, and thus calendar years. The SBA has approved aviation and marine radio services use are unable at this time to estimate with these small business size standards. The a very high frequency (VHF) marine or greater precision the number of fixed auction of the 2,173 39 GHz licenses aircraft radio and, as appropriate, an microwave service licensees that would began on April 12, 2000 and closed on emergency position-indicating radio qualify as small business concerns May 8, 2000. The 18 bidders who beacon (and/or radar) or an emergency under the SBA’s small business size claimed small business status won 849 locator transmitter. The Commission has standard. Consequently, the licenses. Consequently, the Commission not developed a small business size Commission estimates that there are up estimates that 18 or fewer 39 GHz standard specifically applicable to these to 22,015 common carrier fixed licensees are small entities that may be small businesses. For purposes of this licensees and up to 61,670 private affected by the rules and polices analysis, the Commission uses the SBA operational-fixed licensees and adopted herein. small business size standard for the broadcast auxiliary radio licensees in 97. Multipoint Distribution Service, category ‘‘Cellular and Other the microwave services that may be Multichannel Multipoint Distribution Telecommunications,’’ which is 1,500 small and may be affected by the rules Service, and ITFS. Multichannel or fewer employees. Most applicants for and policies adopted herein. We noted, Multipoint Distribution Service (MMDS) recreational licenses are individuals. however, that the common carrier systems, often referred to as ‘‘wireless Approximately 581,000 ship station microwave fixed licensee category cable,’’ transmit video programming to licensees and 131,000 aircraft station includes some large entities. subscribers using the microwave licensees operate domestically and are 94. Offshore Radiotelephone Service. frequencies of the Multipoint not subject to the radio carriage This service operates on several UHF Distribution Service (MDS) and requirements of any statute or treaty. television broadcast channels that are Instructional Television Fixed Service For purposes of our evaluations in this not used for television broadcasting in (ITFS). In connection with the 1996 analysis, we estimate that there are up the coastal areas of states bordering the MDS auction, the Commission to approximately 712,000 licensees that Gulf of Mexico. There are presently established a small business size are small businesses (or individuals) approximately 55 licensees in this standard as an entity that had annual under the SBA standard. In addition, service. We are unable to estimate at average gross revenues of less than $40 between December 3, 1998 and this time the number of licensees that million in the previous three calendar December 14, 1998, the Commission would qualify as small under the SBA’s years. The MDS auctions resulted in 67 held an auction of 42 VHF Public Coast small business size standard for successful bidders obtaining licensing licenses in the 157.1875–157.4500 MHz ‘‘Cellular and Other Wireless opportunities for 493 Basic Trading (ship transmit) and 161.775–162.0125 Telecommunications’’ services. Under Areas (BTAs). Of the 67 auction MHz (coast transmit) bands. For that SBA small business size standard, winners, 61 met the definition of a small purposes of the auction, the a business is small if it has 1,500 or business. MDS also includes licensees Commission defined a ‘‘small’’ business fewer employees. of stations authorized prior to the as an entity that, together with 95. Wireless Communications auction. In addition, the SBA has controlling interests and affiliates, has Services. This service can be used for developed a small business size average gross revenues for the preceding fixed, mobile, radiolocation, and digital standard for Cable and Other Program
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Distribution, which includes all such has no more than a $6 million net worth an entity that, together with controlling companies generating $12.5 million or and, after federal income taxes interests and affiliates, has average gross less in annual receipts. According to (excluding any carry over losses), has no revenues not exceeding $3 million for Census Bureau data for 1997, there were more than $2 million in annual profits the preceding three years. The SBA has a total of 1,311 firms in this category, each year for the previous two years. In approved these small business size total, that had operated for the entire the 218–219 MHz Report and Order and standards. These size standards will year. Of this total, 1,180 firms had Memorandum Opinion and Order, we apply to the future auction, if held. annual receipts of under $10 million established a small business size 102. Internet Service Providers. While and an additional 52 firms had receipts standard for a ‘‘small business’’ as an internet service providers (ISPs) are of $10 million or more but less than $25 entity that, together with its affiliates only indirectly affected by our present million. Consequently, we estimate that and persons or entities that hold actions, and ISPs are therefore not the majority of providers in this service interests in such an entity and their formally included within this present category are small businesses that may affiliates, has average annual gross IRFA, we have addressed them be affected by the rules and policies revenues not to exceed $15 million for informally to create a fuller record. The adopted herein. This SBA small the preceding three years. A ‘‘very small SBA has developed a small business business size standard also appears business’’ is defined as an entity that, size standard for Online Information applicable to ITFS. There are presently together with its affiliates and persons Services, which consists of all such 2,032 ITFS licensees. All but 100 of or entities that hold interests in such an companies having $21 million or less in these licenses are held by educational entity and its affiliates, has average annual receipts. According to Census institutions. Educational institutions are annual gross revenues not to exceed $3 Bureau data for 1997, there were 2,751 included in this analysis as small million for the preceding three years. firms in this category, total, that entities. Thus, we tentatively conclude The SBA has approved these size operated for the entire year. Of this that at least 1,932 licensees are small standards. We cannot estimate, total, 2,659 firms had annual receipts of businesses. however, the number of licenses that $9,999,999 or less, and an additional 67 98. Local Multipoint Distribution will be won by entities qualifying as had receipts of $10 million to Service. Local Multipoint Distribution small or very small businesses under $24,999,999. Thus, under this size Service (LMDS) is a fixed broadband our rules in future auctions of 218–219 standard, the great majority of firms can point-to-multipoint microwave service MHz spectrum. be considered small. that provides for two-way video 100. 24 GHz—Incumbent Licensees. Description of Projected Reporting, telecommunications. The auction of the This analysis may affect incumbent Recordkeeping, and Other Compliance 1,030 Local Multipoint Distribution licensees who were relocated to the 24 Requirements Service (LMDS) licenses began on GHz band from the 18 GHz band, and February 18, 1998 and closed on March applicants who wish to provide services 103. We do not intend that any 25, 1998. The Commission established a in the 24 GHz band. The applicable SBA proposal we may adopt pursuant to this small business size standard for LMDS small business size standard is that of NPRM will increase existing reporting, licenses as an entity that has average ‘‘Cellular and Other Wireless recordkeeping or other compliance gross revenues of less than $40 million Telecommunications’’ companies. This requirements. Rather, we seek to in the three previous calendar years. An category provides that such a company simplify TELRIC pricing and modify or additional small business size standard is small if it employs no more than clarify the Commission’s rules to help for ‘‘very small business’’ was added as 1,500 persons. According to Census state commissions more easily develop an entity that, together with its affiliates, Bureau data for 1997, there were 977 UNE prices and resale discounts that has average gross revenues of not more firms in this category, total, that meet the statutory standards established than $15 million for the preceding three operated for the entire year. Of this by Congress in section 252(d) and to calendar years. The SBA has approved total, 965 firms had employment of 999 provide more certainty and consistency these small business size standards in or fewer employees, and an additional in state proceeding outcomes. the context of LMDS auctions. There 12 firms had employment of 1,000 Steps Taken To Minimize Significant were 93 winning bidders that qualified employees or more. Thus, under this Economic Impact on Small Entities, and as small entities in the LMDS auctions. size standard, the great majority of firms Significant Alternatives Considered A total of 93 small and very small can be considered small. These broader business bidders won approximately census data notwithstanding, we believe 104. The RFA requires an agency to 277 A Block licenses and 387 B Block that there are only two licensees in the describe any significant, specifically licenses. On March 27, 1999, the 24 GHz band that were relocated from small business, alternatives that it has Commission re-auctioned 161 licenses; the 18 GHz band, Teligent and TRW, considered in reaching its proposed there were 40 winning bidders. Based Inc. It is our understanding that Teligent approach, which may include the on this information, we conclude that and its related companies have less than following four alternatives (among the number of small LMDS licenses 1,500 employees, though this may others): (1) The establishment of consists of the 93 winning bidders in change in the future. TRW is not a small differing compliance or reporting the first auction and the 40 winning entity. Thus, only one incumbent requirements or timetables that take into bidders in the re-auction, for a total of licensee in the 24 GHz band is a small account the resources available to small 133 small entity LMDS providers. business entity. entities; (2) the clarification, 99. 218–219 MHz Service. The first 101. 24 GHz—Future Licensees. With consolidation, or simplification of auction of 218–219 MHz spectrum respect to new applicants in the 24 GHz compliance or reporting requirements resulted in 170 entities winning licenses band, the small business size standard under the rule for small entities; (3) the for 594 Metropolitan Statistical Area for ‘‘small business’’ is an entity that, use of performance, rather than design, (MSA) licenses. Of the 594 licenses, 557 together with controlling interests and standards; and (4) an exemption from were won by entities qualifying as a affiliates, has average annual gross coverage of the rule, or any part thereof, small business. For that auction, the revenues for the three preceding years for small entities. small business size standard was an not in excess of $15 million. ‘‘Very 105. We will consider any proposals entity that, together with its affiliates, small business’’ in the 24 GHz band is made to minimize significant economic
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impact on small entities. The overall Comment Filing Procedures Washington, DC 20002. The filing hours objective of this proceeding is to 109. Pursuant to §§ 1.415 and 1.419 of at this location are 8 a.m. to 7 p.m. All simplify TELRIC pricing while the Commission’s rules, 47 CFR 1.415, hand deliveries must be held together simultaneously improving the accuracy 1.419, interested parties may file with rubber bands or fasteners. Any of its pricing signals. The NPRM seeks comments not later than December 16, envelopes must be disposed of before comment on an approach that bases 2003, and may file reply comments not entering the building. Commercial UNE prices on a cost inquiry that is later than January 30, 2004. In order to overnight mail (other than United States more firmly rooted in the real-world facilitate review of comments and reply Postal Service Express Mail and Priority attributes of the existing comments, parties should include the Mail) must be sent to 9300 East telecommunications network, rather name of the filing party and the date of Hampton Drive, Capitol Heights, MD than the speculative attributes of a the filing on all pleadings. Comments 20743. U.S. Postal Service first-class purely hypothetical network. This may and reply comments must clearly mail, Express Mail, and Priority Mail change the standards applicable to cost identify the specific portion of the should be sent to 445 12th Street, SW., studies on which UNE prices are based NPRM to which a particular comment or Washington, DC 20554. The and indirectly result in changes to rates set of comments is responsive. Each for UNEs that competitive LECs, Commission advises that electronic new section should begin on a new media not be sent through USPS. All including small carriers, order from page. If a portion of a party’s comments incumbent LECs. filings must be addressed to the does not fall under a particular topic Commission’s Secretary, Office of the 106. State commissions stand to listed in the Table of Contents, such benefit directly to the extent that we Secretary, Federal Communications comments should be included in a Commission. clarify our TELRIC rules and provide clearly labeled section at the beginning more specific guidance so that state or end of the filing. 113. Documents in this docket are proceedings to determine UNE pricing 110. Comments may be filed using the available for public inspection and and the resale discount become a less Commission’s Electronic Comment copying during business hours at the complex and speculative process. Filing System (ECFS) or by filing paper FCC Reference Information Center, Providing greater certainty and copies. Comments filed through the Portals II, 445 12th Street, SW., Room consistency in how to apply our rules ECFS can be sent as an electronic file CY–A257, Washington, DC 20554. The could help make the regulatory process via the Internet to http://www.fcc.gov/ documents may also be purchased from throughout states more efficient and cgb/ecfs. Generally, only one copy of an Qualex International, telephone (202) streamlined, indirectly benefiting small electronic submission must be filed. If 863–2893, facsimile (202) 863–2898. entities which participate in these multiple docket or rulemaking numbers proceedings. Complicated and time- appear in the caption of this proceeding, Ordering Clauses consuming proceedings may work to however, commenters must transmit divert scarce resources from small 114. It is ordered that, pursuant to the one electronic copy of the comments to authority contained in sections 1, 4(i), carriers that otherwise would use those each docket or rulemaking number 4(j), 201–205, 251, 252, and 303 of the resources to compete in local markets. referenced in the caption. In completing Communications Act of 1934, as Moreover, to the extent that we may be the transmittal screen, commenters able to enhance the TELRIC ratemaking should include their full name, U.S. amended, 47 U.S.C. 151, 154(i), (j), 201– process, we may better be able to Postal Service mailing address, and the 205, 251, 252, and 303, notice is hereby achieve the Commission’s goal of applicable docket or rulemaking given of the rulemaking described above sending appropriate economic signals to number. Parties may also submit an and comment is sought on those issues. the marketplace for efficient electronic comment by Internet e-mail. 115. It is further ordered that the competition and entry among providers To get filing instructions for e-mail Commission’s Consumer Information that include small entities. comments, commenters should send an Bureau, Reference Information Center, Federal Rules That May Duplicate, e-mail to [email protected], and should shall send a copy of this Notice of Overlap, or Conflict With the Proposed include the following words in the body Proposed Rulemaking, including the Rules of the message, ‘‘get form.’’ A sample Initial Regulatory Flexibility Analysis, form and directions will be sent in to the Chief Counsel for Advocacy of the 107. None. reply. Small Business Administration. Ex Parte Presentations 111. Parties who choose to file by paper must file an original and five Federal Communications Commission. 108. This matter shall be treated as a copies of each filing. Two (2) copies of Marlene H. Dortch, ‘‘permit-but-disclose’’ proceeding in the comments should also be sent to the Secretary. accordance with the Commission’s ex Chief, Pricing Policy Division, Wireline [FR Doc. 03–26107 Filed 10–16–03; 8:45 am] parte rules. 47 CFR 1.1200 et seq. Competition Bureau, Federal BILLING CODE 6712–01–P Persons making oral ex parte Communications Commission, 445 12th presentations are reminded that Street, SW., Washington, DC 20554. memoranda summarizing the 112. Filings can be sent by hand or presentations must contain summaries messenger delivery, by commercial of the substance of the presentations overnight courier, or by first-class or and not merely a listing of the subjects overnight U.S. Postal Service mail discussed. More than a one- or two- (although we continue to experience sentence description of the views and delays in receiving U.S. Postal Service arguments presented generally is mail). The Commission’s contractor, required. Other requirements pertaining Natek, Inc., will receive hand-delivered to oral and written presentations are set or messenger-delivered paper filings for forth in section 1.1206(b) of the the Commission’s Secretary at 236 Commission’s rules. 47 CFR 1.1206(b). Massachusetts Avenue, NE., Suite 110,
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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: action until April 1, 2004, to allow the Alvin Katekaru, NMFS, 808–973–2937. agency to take appropriate action. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: Under the Consequently, NMFS and the Council Administration Magnuson-Stevens Fishery are considering fishery management Conservation and Management Act (16 measures to comply with ESA 50 CFR Part 660 U.S.C. 1801 et seq.), the United States requirements for sea turtle protection. has exclusive management authority During the week of October 20, 2003, [I.D. 101003B] over all living marine resources found the Council is expected to consider within the EEZ. The management of longer-term proposals for the fishery. Pelagic Fisheries Managed Under the these marine resources with the The regulatory situation is thus Fishery Management Plan, Pelagic exception of sea birds and some marine subject to change. Additionally, recent Fisheries of the Western Pacific mammals, is vested in the Secretary of research has identified practical Region Commerce (Secretary). Eight Regional measures (e.g., bait-setting chute; side- Fishery Management Councils prepare setting operations) that have significant AGENCY: National Marine Fisheries potential for reducing interactions of the Service (NMFS), National Oceanic and fishery management plans for approval and implementation by the Secretary. longline fleet with seabirds. As a Atmospheric Administration (NOAA), consequence, it is now appropriate to Commerce. The Council has the responsibility to prepare fishery management plans for re-examine in an SEIS the management ACTION: measures imposed to minimize Notice of Intent to prepare a fishery resources in the EEZ of the interactions between the Hawaii-based Supplemental Environmental Impact Western Pacific Region. NEPA requires longline fishery and protected species. Statement (SEIS); notice of scoping preparation of an EIS for major Federal Also, since publication of the EIS for the meetings; request for written comments. actions significantly impacting the Pelagics FMP, issues associated with quality of the human environment. SUMMARY: The NMFS and the Western marlins (billfish) and fish aggregating The pelagics fishery resources that Pacific Fishery Management Council, devices have surfaced, and a new occur in the EEZ waters of the Western (Council), announce their intent to industrial-scale squid fishery has Pacific Region, have been managed prepare an SEIS in accordance with the emerged in Hawaii. The environmental under the Pelagics FMP and its National Environmental Policy Act of impacts and need for management to amendments since 1986. Managed 1969 (NEPA) on the Federal address these matters are currently resources include both marketable, management of pelagic fishery resources unknown. These issues will also be (primarily billfish and tunas), and non- in the waters of the United States examined in the SEIS. exclusive economic zone, (EEZ), around marketable, (primarily sharks), species. Comments and public input on any the State of Hawaii, the territories of Fisheries managed include pelagic and all aspects of Pelagics FMP American Samoa and Guam, the longline, troll, handline, pole-and-line management are solicited and will be Commonwealth of the Northern Mariana (bait boat), and charter boat fisheries. accepted during scoping. Input is Islands (CNMI) and several western Management measures employed especially sought on priorities to apply Pacific remote islands and atolls under include gear restrictions, vessel size in addressing management issues and direct Federal jurisdiction. limitations, time and area closures, initiatives. The agency anticipates that The NMFS will convene public access limitations and other measures. certain measures will require expedited scoping meetings to solicit comments on The largest fishery managed under treatment. Others may be addressed on pelagic fishery issues and potential this plan is the Hawaii-based, limited- a longer timetable. management options related to those access pelagic longline fishery. Public Involvement issues. The scope of the EIS analysis Emergency regulations imposed on this will include, among other things, fishery in 2001, and subsequent final Public scoping is an early and open interactions of fisheries managed under regulations promulgated in 2002 process for determining the scope of the Fishery Management Plan for eliminated the ‘‘shallow set’’ component issues to be addressed. A principle Pelagic Fisheries of the Western Pacific of this fishery that targeted swordfish. objective of the scoping and public Region (Pelagics FMP). The remaining component of this involvement process is to identify a The scoping meetings will provide for fishery is a ‘‘deep set’’ tuna-targeting reasonable range of management public input on the issues, range of fishery. On August 31, 2003, a alternatives that, with adequate alternatives, and impacts the SEIS Memorandum Opinion issued in Hawaii analysis, will delineate critical issues should consider. Written comments will Longline Assoc. v. NMFS, (D. D.C., Civ and provide a clear basis for also be accepted concerning the various No. 01–765), invalidated the June 12, distinguishing between those management options the SEIS should 2002 (67 FR 40232), final regulations as alternatives and selecting a preferred consider. well as the November 15, 2002, alternative. Biological Opinion for Pelagic Fisheries DATES: See SUPPLEMENTARY INFORMATION of the Western Pacific and the Alternatives for specific dates, times, and locations associated incidental take statement. Scoping is being conducted to of the meetings. This had the immediate effect of leaving establish a reasonable range of ADDRESSES: Written comments on the the Pelagics FMP in place without alternatives, which may include issues, priorities, range of alternatives, restrictions that NMFS had concluded modification of the current management and impacts that should be discussed in in March 2001 were necessary to regimes for the Hawaii-based longline the SEIS may be sent to Sam Pooley, eliminate the likelihood that fishing fishery including, but not limited to, Acting Regional Administrator, NMFS, pursuant to the Pelagics FMP would gear restrictions and requirements, time Pacific Islands Regional Office, 1601 jeopardize the continued existence of and area closures, limited access Kapiolani Blvd., Suite 1110, Honolulu, species listed under the Endangered permits and reporting requirements, and HI 96814. Comments may be sent via Species Act (ESA). To avoid this catch limits; inclusion of certain squid facsimile (fax) at 808–973–2941 and disruption, on October 6, 2003, the species as Management Unit Species must be received by December 15, 2003. Court postponed the effectiveness of its under the Pelagics FMP; and imposition
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on the squid fishery of management 3. Tuesday, October 28, 2003, at 7 Special Accommodations measures including, but not limited to, p.m. at the Maui Beach Hotel, 170 observer coverage and reporting Kaahumanu Ave., Kahului, Maui, HI; These meetings are physically requirements. In addition to developing 4. Thursday, October 30, 2003, at 7 accessible to people with disabilities. possible alternatives, the scoping p.m. at the King Kamehameha Hotel, Requests for sign language meetings will serve to identify and 75–5660 Palani Rd., Kailua-Kona, HI; interpretation or other auxiliary aids eliminate the issues which are not 5. Thursday, November 6, 2003, at 7 should be directed to Alvin Katekaru, significant or which have been covered p.m. at the Department of Marine 808–973–2937 (voice) or 808–973– by prior environmental review. Resources and Wildlife Conference 2941(fax), at least five days prior to the Room, Dockside, Pago Pago Harbor, meeting date. Dates, Times, and Locations for Public American Samoa; Scoping Meetings 6. Wednesday, December 3, 2003, 7 Authority: 16 U.S.C. 1801 et seq. 1. Tuesday, October 21, 2003, at 6 p.m. at the Pedro P. Tenorio Dated: October 10, 2003. p.m. at Fisherman’s Wharf Restaurant, Multipurpose Bldg., Susupe, Saipan, Bruce C. Morehead, 1009 Ala Moana Blvd. Honolulu, HI; CNMI; Acting Director, Office of Sustainable 2. Monday, October 27, 2003, at 7 7. December 4, 2003, 7 p.m. at the Fisheries, National Marine Fisheries Service. p.m. at the Chiefess Kamakahelei Guam Fisherman’s Cooperative, Lot 12 Middle School, 4431 Nuhou St., Lihue, section 4, Greg D. Perez Marina, [FR Doc. 03–26295 Filed 10–14–03; 2:35 pm] Kauai, HI; Hagatna, Guam. BILLING CODE 3510–22–S
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Notices Federal Register Vol. 68, No. 201
Friday, October 17, 2003
This section of the FEDERAL REGISTER crossing over Resurrection Creek and accelerate the recovery of riparian areas, contains documents other than rules or Palmer Creek; (2) mechanical and fish and wildlife habitat on a 0.8 proposed rules that are applicable to the manipulation and grading of up to mile segment of Resurrection Creek. public. Notices of hearings and investigations, 140,000 cubic yards of mine tailings to Natural recovery from mining impacts committee meetings, agency decisions and recover floodplain width and elevations; has been minimal on this segment of rulings, delegations of authority, filing of petitions and applications and agency (3) excavation of a meandering river Resurrection Creek. Historic placer statements of organization and functions are channel and adjacent side channels, mining operations have affected examples of documents appearing in this including the development of a channel Resurrection Creek by straightening and section. instream pools and spawning habitat; simplifying the stream, and separating it (4) harvesting up to 5,000 trees, with from its floodplain. These impacts have and without root wads, for use on the degraded fish rearing and spawning DEPARTMENT OF AGRICULTURE new river channel and floodplain. Trees habitat on Resurrection Creek, as well as would be taken primarily from the adjacent wildlife riparian habitat for Forest Service project area. If constraints to harvest at species such as bears and eagles. the project area are too high, additional Natural recovery from mining impacts Chugach National Forest, Resurrection off-site harvest in areas that have gone has been minimal on this segment of Creek Stream and Riparian Restoration through a separate NEPA analysis might Resurrection Creek. The proposed Project be needed; (5) replacing soils and project would greatly accelerate the AGENCY: Forest Service, USDA. organics stripped away during historic recovery of riparian areas, and fish and placer mining operations Soil ACTION: Notice of intent to prepare an wildlife habitat on Resurrection Creek. enhancement would improve growing environmental impact statement. There is a need to examine a portion of conditions for native plant communities the creek immediately downstream of SUMMARY: In accordance with the in constructed floodplains and riparin the project area on private land within National Environmental Policy Act, areas. Soil and sod would likely be the Haun Trust lands. Additional notice is hereby given that the Forest gathered from source areas both within restoration activities may be Service, Chugach National Forest will and outside the project area; (6) implemented on the Haun Trust lands prepare a Draft Environmental Impact thinning existing overstocked riparian in lieu of gaining access to the project Statement to disclose the environmental sapling spruce and cottonwood stands area through this site. consequences of the proposed adjacent to Resurrection Creek; (7) re- Proposed Action Resurrection Creek Stream and Riparian vegetation of native plant species on Restoration Project which encompasses constructed floodplains and riparian The proposed actions to meet the approximately 120 acres of National areas. Natural re-vegetation (without purpose and need include: (1) Providing Forest System Land (NFS) and planting) would be used where seed access for heavy equipment, which approximately 18 acres of adjacent sources and site conditions are might include a temporary bridge or private lands. Historic placer mining favorable. Where such conditions are stream crossing over Resurrection Creek operations have affected Resurrection lacking, the site would be planted; and and Palmer Creek; (2) mechanical Creek by straightening and simplifying (8) stockpiling excess tailings could manipulation and grading of up to the stream, and separating it from its occur within the project area or off-site. 140,000 cubic yards of mine tailings to floodplain. These impacts have DATES: Comments concerning the scope recover floodplain width and elevations; degraded fish rearing and spawning of the analysis must be received within (3) excavation of a meandering river habitat on Resurrection Creek, as well as 30 days of publication of this notice in channel and adjacent side channels, adjacent wildlife riparian habitat for the Federal Register. The draft including the development of a channel species such as bears and eagles. environmental impact statement is with instream pools and spawning Natural recovery from mining impacts expected to be available for public habitat; (4) harvesting up to 5,000 trees, has been minimal on this segment of review in January 2004 and the final with and without root wads, for use on Resurrection Creek. The proposed environmental impact statement is the new river channel and floodplain. project would greatly accelerate the expected to be available in May 2004. Trees would be taken primarily from the recovery of riparian areas, and fish and ADDRESSES: Submit written, oral, or project area. If constraints to harvest at wildlife habitat on Resurrection Creek. email comments by: (1) Mail— the project area are high, additional off- In order to move towards the desired Resurrection Creek Restoration Project, site harvest in areas that have gone future condition as described in the Dave Blanchet, 3301 C Street, Suite 300, through a separate NEPA analysis might Chugach National Forest Land and Anchorage, Alaska, Zip Code 99503– be needed; (5) replacing soils and Resource Management Plan as well as 3998. (2) phone—(907) 743–9538; (3) e- organics stripped away during historic meet the purpose and need of the mail—[email protected]. placer mining operations. Soil project proposal to restore Resurrection FOR FURTHER INFORMATION CONTACT: enhancement would improve growing Creek’s channel, floodplain and Dave Blanchet at (907) 743–9538. conditions for native plant communities streamside vegetation to pre-mining SUPPLEMENTARY INFORMATION: in constructed floodplains and riparian conditions and enhance fish and areas. Soil and sod would likely be riparian wildlife habitat, proposed Purpose and Need for Action gathered from source areas both within activities include: (1) Providing access The purpose and need for action of and outside the project area; (6) for heavy equipment, which might the Resurrection Creek Stream and thinning existing overstocked riparian include a temporary bridge or stream Riparian Restoration Project is to sapling spruce and cottonwood stands
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adjacent to Resurrection Creek; and (7) available to interested parties. Contact 7. Heritage Resources—Construction re-vegetation of native plant species on Dave Blanchet, at the address listed in activities have the potential for constructed floodplains and riparian this notice of intent if you would like to disturbing and/or damaging areas. Natural re-vegetation (without receive a copy. undiscovered mining artifacts and planting) would be used where seed prehistoric cultural artifacts and sites sources and site conditions are within the project area. favorable. Where such conditions are Preliminary Issues 8. Other issues include impacts to lacking, the site would be planted. Some preliminary issues have been recreationists during construction, impacts to scenery during and after Responsible Official identified based on past public scoping efforts for the project area, issues construction, impacts to water quality, The responsible official for the developed for similar projects, and impacts to fish and wildlife habitat, Resurrection Creek Stream and Riparian Forest Service concerns and introduction of noxious weed, impacts Restoration Project is Joe Meade, Forest opportunities identified by resource to wetlands, and how to dispose of Supervisor, Chugach National Forest. specialist. These issues include the excess tailings. These issues may be modified as Nature of Decision To Be Made following: 1. Direct short term impacts to fish additional issues are identified during The Resurrection Creek Restoration and their habitat from construction scoping. A range of alternatives will be environmental impact statement will activities. Possible impacts to fish and considered after public comments are evaluate site specific management their habitat are temporary loss of received and analyzed. proposals, consider alternatives, and habitat, turbidity during construction analyze the effects of the activities Comments Requested activities could cause gill abrasion. proposed in these alternatives. It will This notice of intent initiates the Some fish will be stranded and buried. form the basis for the Responsible scoping process that guides the Official to determine: (1) Whether or not 2. Methyl mercury may be present in development of the environmental the proposed activities and alternatives the project reach. Mercury was used impact statement. Comments that are are responsive to the issues, are historically to separate fine gold from site-specific in nature are most helpful consistent with Forest Plan direction, the ‘‘black sands’’ after the sands had to resource professionals when trying to meet the purpose and need, and are been sorted from the stream gravels. narrow and address the public’s issues consistent with other related laws and Potential may exist for a release of and concerns. regulations directing National Forest methyl mercury during restoration Early Notice of Importance of Public Management Activities; (2) which which might be a hazard to fish, Participation in Subsequent actions, if any, to approve; (3) and, wildlife, and the public. Environmental Review whether or not the information in the 3. Presence of heavy equipment could analysis is sufficient to implement impact landowners and their business A draft environmental impact proposed activities. during construction of the channel and statement will be prepared for comment. floodplain. Restoration activities could The comment period on the draft Scoping Process impact nearby landowners and their environmental impact statement will be Two previous scoping efforts have business (resort) during construction 45 days from the date the occurred for this project. The first effort through the presence of noise, odor, Environmental Protection Agency began on February 5, 2003, and the dust, and visual quality. publishes the notice of availability in second on June 6, 2003. Since these 4. Lack of an easement through the Federal Register. scoping comment opportunities were private lands on the east side of The Forest Service believes, at this provided to the public, the Forest Resurrection Creek to the project area. early stage, it is important to give Service has gathered more information Access to the project area requires reviewers notice of several court rulings regarding this proposal. Subsequently crossing 1⁄4 mile of a private land (Haun related to public participation in the the Forest Service has determined that Trust Lands) immediately downstream environmental review process. First, the appropriate level of analysis for this from the project area. The Forest Service reviewers of draft environmental impact proposal is an environmental impact needs access to the east side of statements must structure their statement. Resurrection Creek to implement the participation in the environmental Comments will be accepted during project. A temporary bridge or other review of the proposal so that it is the 30-day scoping period as described type of crossing may be needed over meaningful and alerts an agency to the in this notice of intent. Those who Resurrection Creek, on its west wide in reviewer’s position and contentions. provided comments to the previous order to access an existing easement Vermont Yankee Nuclear Power Corp. v. scoping notices that wish to supplement through the private lands. NRDC, 435 U.S. 519, 553 (1978). Also, their earlier comments are encouraged 5. Examine the potential of additional environmental objections that could be to do so. However, previous comments restoration/construction activities on raised at the draft environmental impact on this proposal will still be used in the private lands immediately downstream statement stage but that are not raised analysis process. Comments will be from the project area. until after completion of the final reviewed and issues identified. Issues 6. Recreational mining—Recreational environmental impact statement may be that cannot be resolved by mitigation or mining has potential to damage/erode waived or dismissed by the courts. City minor changes to the proposed action the channel after reconstruction is of Angoon v. Hodel, 803 F.2d 1016, may generate alternatives to the complete. There is a need to consider 1022 (9th Cir. 1986) and Wisconsin proposed action. This process is driven limitations on recreational mining Heritages, Inc. v. Harris, 490 F. Supp. by comments received from the public, activities that have potential to impact 1334, 1338 (E.D. Wis. 1980). Because of other agencies, and internal Forest the newly created and vegetated stream these court rulings, it is very important Service concerns. To assist in banks. A potential limitation to this that those interested in this proposed commenting, a scoping letter providing activity would be to issuing a closure action participate by the close of the 45 more detailed information on the project order on recreation mining in the day comment period so that substantive proposal has been prepared and is restoration area. comments and objections are made
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available to the Forest Service at a time Official, USDA, Wenatchee National the products and services to the when it can meaningfully consider them Forest, 215 Melody Lane, Wenatchee, Government. and respond to them in the final Washington 98801, (509) 662–4335. 3. There are no known regulatory environmental impact statement. Dated: October 8, 2003. alternatives which would accomplish To assist the Forest Service in the objectives of the Javits-Wagner- Paul Hart, identifying and considering issues and O’Day Act (41 U.S.C. 46–48c) in concerns on the proposed action, Designated Federal Official, Okanogan and connection with the products and comments on the draft environmental Wenatchee National Forests. services proposed for addition to the impact statement should be as specific [FR Doc. 03–26274 Filed 10–16–03; 8:45 am] Procurement List. Comments on this as possible. It is also helpful if BILLING CODE 3410–11–M certification are invited. Commenters comments refer to specific pages or should identify the statement(s) chapters of the draft statement. underlying the certification on which Comments may also address the COMMITTEE FOR PURCHASE FROM they are providing additional adequacy of the draft environmental PEOPLE WHO ARE BLIND OR information. SEVERELY DISABLED impact statement or the merits of the End of Certification alternatives formulated and discussed in the statement. Reviewers may wish to Procurement List Proposed Additions The following products and services are proposed for addition to refer to the Council on Environmental AGENCY: Committee for Purchase from Procurement List for production by the Quality Regulations for implementing People Who Are Blind or Severely nonprofit agencies listed: the procedural provisions of the Disabled. National Environmental Policy Act at 40 ACTION: Proposed additions to Products CFR 1503.3 in addressing these points. Procurement List. Comments received, including the Product/NSN: Skilcraft Savvy. BK–1260 General Purpose names and addresses of those who SUMMARY: The Committee is proposing comment, will be considered part of the to add to the Procurement List products Disinfectant Detergent—32 oz./ public record on this proposal and will and services to be furnished by 7930–00–NIB–0176. BK–1260 General Purpose be available for public inspection. nonprofit agencies employing persons Disinfectant Detergent—1 Gallon/ who are blind or have other severe (Authority: 40 CFR 1501.7 and 1508.22; 7930–00–NIB–0177. Forest Service Handbook 1909.15, Section disabilities. BK–1260 General Purpose 21) Comments must be Received on or Disinfectant Detergent—5 Gallon/ Dated: October 9, 2003. Before: November 16, 2003. 7930–00–NIB–0178. Joe L. Meade, ADDRESSES: Committee for Purchase BK–1260 General Purpose Forest Supervisor. From People Who Are Blind or Severely Disinfectant Detergent—55 Gallon/ [FR Doc. 03–26292 Filed 10–16–03; 8:45 am] Disabled, Jefferson Plaza 2, Suite 10800, 7930–00–NIB–0179. BILLING CODE 3410–11–M 1421 Jefferson Davis Highway, BK–14 Heavy Duty Degreasing Arlington, Virginia, 22202–3259. Detergent—32 oz./7930–00–NIB– FOR FURTHER INFORMATION CONTACT: 0144. DEPARTMENT OF AGRICULTURE Sheryl D. Kennerly, (703) 603–7740. BK–14 Heavy Duty Degreasing Detergent—1 Gallon/7930–00–NIB– SUPPLEMENTARY INFORMATION: This Forest Service notice is published pursuant to 41 U.S.C 0145. BK–14 Heavy Duty Degreasing 47(a) (2) and 41 CFR 51–2.3. Its purpose Eastern Washington Cascades Detergent—5 Gallon/7930–00–NIB– is to provide interested persons an Provincial Advisory Committee and the 0146. Yakima Provincial Advisory Committee opportunity to submit comments of the BK–14 Heavy Duty Degreasing proposed actions. If the Committee Detergent—55 Gallon/7930–00– AGENCY: Forest Service, USDA. approves the proposed additions, the NIB–0147. ACTION: Notice of meeting. entities of the Federal Government TR–43 Commercial Vehicle Cleaner— identified in the notice for each product SUMMARY: The Eastern Washington 1 Gallon/7930–00–NIB–0127. or service will be required to procure TR–43 Commercial Vehicle Cleaner— Cascades Provincial Advisory the products and services listed below 5 Gallon/7930–00–NIB–0142. Committee and the Yakima Provincial from nonprofit agencies employing TR–43 Commercial Vehicle Cleaner— Advisory Committee will meet on persons who are blind or have other 55 Gallon/7930–00–NIB–0143. Wednesday, November 5, 2003, at the severe disabilities. NPA: Susquehanna Association for Okanogan and Wenatchee National the Blind and Visually Impaired, Forests Headquarters Office, 215 Regulatory Flexibility Act Certification Lancaster, Pennsylvania Contract Melody Lane, Wenatchee, Washington. I certify that the following action will Activity: Office Supplies & Paper The meeting will begin at 9 a.m. and not have a significant impact on a Products Acquisition Center, New York, continue until 3 p.m. During this substantial number of small entities. New York. meeting we will discuss management of The major factors considered for this motorized recreation vehicle use and certification were: Services updates on implementation of the 1. If approved, the action will not Service Type/Location: Custodial Northwest Forest Plan. All Eastern result in any additional reporting, Services, Naval Exchange, National Washington Cascades and Yakima recordkeeping or other compliance Naval Medical Center, Bethesda, Province Advisory Committee meetings requirements for small entities other Maryland. are open to the public. Interested than the small organizations that will NPA: Opportunities, Inc., Alexandria, citizens are welcome to attend. furnish the products and services to the Virginia. FOR FURTHER INFORMATION CONTACT: Government. Contract Activity: Navy Exchange Direct questions regarding this meeting 2. If approved, the action will result Service Command (NEXCOM), Virginia to Paul Hart, Designated Federal in authorizing small entities to furnish Beach, Virginia.
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Service Type/Location: Janitorial/ services listed below are suitable for (Black, Blue, Red, Green). Custodial, Eugene Outpatient Clinic, procurement by the Federal Government 7520–00–NIB–1672—Ultra Fine Tip Department of Veteran Affairs, Eugene, under 41 U.S.C. 46–48c and 41 CFR 51– (Black). Oregon. 2.4. 7520–00–NIB–1673—Ultra Fine Tip NPA: Garten Services, Inc., Salem, (Red). Regulatory Flexibility Act Certification Oregon. 7520–00–NIB–1674—Ultra Fine Tip Contract Activity: VA Medical Center, I certify that the following action will (Blue). Rosenburg, Oregon. not have a significant impact on a 7520–00–NIB–1675—Ultra Fine Tip Service Type/Location: Janitorial/ substantial number of small entities. (Green). Custodial, Robert J. Dole U.S. The major factors considered for this 7520–00–NIB–1676—Set/Ultra Fine Courthouse, Kansas City, Kansas. certification were: Tip (Black, Blue, Red, Green). NPA: Independence and Blue Springs 1. The action will not result in any NPA: Winston-Salem Industries for Industries, Inc., Independence, additional reporting, recordkeeping or the Blind, Winston-Salem, North Missouri. other compliance requirements for small Carolina. Contract Activity: GSA, Service entities other than the small Contract Activity: Office Supplies & Contracts (6PEF–C), Kansas City, organizations that will furnish the Paper Products Acquisition Center, New Missouri. products and services to the York, New York. Government. Sheryl D. Kennerly, 2. The action will result in Services Director, Information Management. authorizing small entities to furnish the Service Type/Location: Custodial [FR Doc. 03–26327 Filed 10–16–03; 8:45 am] products and services to the Services, FAA, New Air Traffic Control BILLING CODE 6353–01–P Government. Tower & Administrative Office Space, 3. There are no known regulatory (Located on 3rd & 4th floor of the Old alternatives which would accomplish ATCT), Cleveland, Ohio. COMMITTEE FOR PURCHASE FROM the objectives of the Javits-Wagner- NPA: Murray Ridge Production PEOPLE WHO ARE BLIND OR O’Day Act (41 U.S.C. 46–48c) in Center, Inc., Elyria, Ohio. SEVERELY DISABLED connection with the products and Contract Activity: Federal Aviation services proposed for addition to the Administration, North Olmsted, Ohio. Procurement List Additions and Procurement List. Service Type/Location: Janitorial/ Deletions Custodial, USDA Service Center, 3622 End of Certification AGENCY: Committee for Purchase from Avtech Parkway, Shasta Trinity People Who Are Blind or Severely Accordingly, the following products National Forest, Redding, California. Disabled. and services are added to the NPA: Shasta County Opportunity ACTION: Additions to and deletions from Procurement List: Center, Redding, California. Contract Activity: USDA, Northern Procurement List. Products Province Operations, Redding, SUMMARY: This action adds to the Product/NSN: Markers, Liquid California. Procurement List products and services Impression. Service Type/Location: Landscaping to be furnished by nonprofit agencies 7520–00–NIB–1677—Set/Medium Service, Department of Justice, Bureau employing persons who are blind or Point (Black, Blue, Red, Green). of Prisons, Washington, DC. have other severe disabilities, and 7520–00–NIB–1678—Medium Point NPA: Davis Memorial Goodwill deletes from the Procurement List (Black). Industries, Washington, DC. products and services previously 7520–00–NIB–1679—Medium Point Contract Activity: Department of furnished by such agencies. (Red). Justice, Washington, DC. 7520–00–NIB–1680—Medium Point EFFECTIVE DATE: November 16, 2003. Deletions (Blue). ADDRESSES: Committee for Purchase 7520–00–NIB–1681—Set/Extra Fine On August 15, 2003, the Committee From People Who Are Blind or Severely Tip (Black, Blue, Red, Green). for Purchase From People Who Are Disabled, Jefferson Plaza 2, Suite 10800, 7520–00–NIB–1682—Extra Fine Tip Blind or Severely Disabled published 1421 Jefferson Davis Highway, (Black). notice (68 FR 48879) of proposed Arlington, Virginia, 22202–3259. 7520–00–NIB–1683—Extra Fine Tip deletions to the Procurement List. After FOR FURTHER INFORMATION CONTACT: (Red). consideration of the relevant matter Sheryl D. Kennerly, (703) 603–7740. 7520–00–NIB–1684—Extra Fine Tip presented, the Committee has SUPPLEMENTARY INFORMATION: (Blue). determined that the products and NPA: Winston-Salem Industries for services listed below are no longer Additions the Blind, Winston-Salem, North suitable for procurement by the Federal On March 14, August 8, and August Carolina. Government under 41 U.S.C. 46–48c 15, 2003, the Committee for Purchase Contract Activity: Office Supplies & and 41 CFR 51–2.4. From People Who Are Blind or Severely Paper Products Acquisition Center, New Disabled published notice (68 FR 12340, York, New York. Regulatory Flexibility Act Certification 47292, and 48879) of proposed Product/NSN: Markers, Permanent I certify that the following action will additions to the Procurement List. Impression. not have a significant impact on a After consideration of the material 7520–00–NIB–1667—Fine Tip substantial number of small entities. presented to it concerning capability of (Black). The major factors considered for this qualified nonprofit agencies to provide 7520–00–NIB–1668—Fine Tip (Red). certification were: the products and services and impact of 7520–00–NIB–1669—Fine Tip (Blue). 1. The action may not result in any the additions on the current or most 7520–00–NIB–1670—Fine Tip additional reporting, recordkeeping or recent contractors, the Committee has (Green). other compliance requirements for small determined that the products and 7520–00–NIB–1671—Set/Fine Tip entities.
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2. The action may result in Contract Activity: Defense Contract Activity: Department of the authorizing small entities to furnish the Commissary Agency (DeCA), Ft. Lee, Navy. products and services to the Virginia. Service Type/Location: Food Service Government. Product/NSN: Pens and Markers, M.R. Attendant, Orlando Naval Training 3. There are no known regulatory 062, M.R. 063, M.R. 064, M.R. 065, M.R. Center, Orlando, Florida. alternatives which would accomplish 066, M.R. 067. NPA: Goodwill Industries of Central the objectives of the Javits-Wagner- NPA: West Texas Lighthouse for the Florida, Orlando, Florida. O’Day Act (41 U.S.C. 46–48c) in Blind, San Angelo, Texas. Contract Activity: Department of the connection with the products and Contract Activity: Defense Navy. services deleted from the Procurement Commissary Agency (DeCA), Ft. Lee, Service Type/Location: Janitorial/ List. Virginia. Custodial, U.S. Army Reserve Center, Product/NSN: Potpourri, M.R. 400, Memphis, Tennessee. End of Certification M.R. 401, M.R. 403. NPA: Shelby Residential and Accordingly, the following products NPA: Envision, Inc., Wichita, Kansas. Vocational Services, Inc., Memphis, and services are deleted from the Contract Activity: Defense Tennessee. Procurement List: Commissary Agency (DeCA), Ft. Lee, Contract Activity: Department of the Virginia. Army. Products Product/NSN: PVA Mop, M.R. 1027. Product/NSN: Bag, Vacuum Cleaner, NPA: The Lighthouse for the Blind, Sheryl D. Kennerly, Disposable, M.R. 1001, M.R. 1002, M.R. Inc. (Seattle Lighthouse), Seattle, Director, Information Management. 1003, M.R. 1004, M.R. 1005, M.R. 1006, Washington. [FR Doc. 03–26328 Filed 10–16–03; 8:45 am] M.R. 1007, M.R. 1008. Contract Activity: Defense BILLING CODE 6353–01–P NPA: New York City Industries for the Commissary Agency (DeCA), Ft. Lee, Blind, Inc., Brooklyn, New York. Virginia. Product/NSN: Scrubber, M.R. 543. Contract Activity: Defense CHEMICAL SAFETY AND HAZARD NPA: Beacon Lighthouse, Inc., Commissary Agency, Fort Lee, Virginia. INVESTIGATION BOARD Product/NSN: Broom, Whisk, M.R. Wichita Falls, Texas. 909. Contract Activity: Defense Sunshine Act Meeting NPA: None currently authorized. Commissary Agency (DeCA), Ft. Lee, Contract Activity: Defense Virginia. In connection with its investigation Commissary Agency (DeCA), Ft. Lee, Product/NSN: Scrubber, Sponge, M.R. into the cause of a benzoyl peroxide Virginia. 548. explosion and fire that occurred on NPA: Mississippi Industries for the Product/NSN: Dustpan, M.R. 995. January 2, 2003, at the Catalyst Systems NPA: None currently authorized. Blind, Jackson, Mississippi. facility in Gnadenhutten, Ohio, the NPA: New York City Industries for the Contract Activity: Defense United States Chemical Safety and Blind, Inc., Brooklyn, New York. Commissary Agency (DeCA), Ft. Lee, Hazard Investigation Board announces Contract Activity: Defense Virginia. that it will convene a Public Meeting Commissary Agency (DeCA), Ft. Lee, Product/NSN: Egg Slicer, M.R. 843. beginning at 2 pm local time on October Virginia. NPA: Alabama Industries for the 29, 2003, at the George Washington Product/NSN: Towels, Seasonal, M.R. Blind, Talladega, Alabama. University Conference Center’s Third 1009. Floor Amphitheater, 800 21st Street, Contract Activity: Defense NPA: Chester County Branch of the Commissary Agency (DeCA), Ft. Lee, NW., Washington, DC. PAB, Coatesville, Pennsylvania. At this meeting CSB staff will present Virginia. Contract Activity: Defense Product/NSN: Fabric Softener Sheets, to the Board a case study of this Commissary Agency, Fort Lee, Virginia. incident, which examines three key Reusable, M.R. 520. Product/NSN: Wipes, Scrubber, M.R. issues: Hazards of benzoly peroxide, NPA: Industries of the Blind, Inc., 588. Greensboro, North Carolina. NPA: Mississippi Industries for the reactive chemical hazards, and process Contract Activity: Defense Blind, Jackson, Mississippi. safety management systems. The Board Commissary Agency (DeCA), Ft. Lee, Contract Activity: Defense will also conduct other business; the Virginia. Commissary Agency (DeCA), Ft. Lee, Chief Operating Officer will provide an Product/NSN: Kitchen, Utensils, M.R. Virginia. update on current CSB investigations, 821. the status of the CSB FY ’04 budget, and NPA: Cincinnati Association for the Services discuss the revision to the CSB’s Blind, Cincinnati, Ohio. Service Type/Location: Food Service overtime policy. Finally, the General Contract Activity: Defense Attendant, Charleston Naval Weapons Counsel will present a proposed rule Commissary Agency (DeCA), Ft. Lee, Station, Building 306, Charleston, South outlining the CSB organization. Virginia. Carolina. After the staff presentation, the Board Product/NSN: Nylon & Plastic NPA: Goodwill Industries of Lower will allow time for public comment. Kitchen Utensils, M.R. 839, M.R. 840. South Carolina, Inc., North Charleston, Following the conclusion of the public NPA: The Lighthouse for the Blind, South Carolina. comment period, the Board will Inc. (Seattle Lighthouse), Seattle, Contract Activity: Department of the consider whether to vote to approve the Washington. Navy. final case study. Contract Activity: Defense Service Type/Location: Food Service All staff presentations are preliminary Commissary Agency (DeCA), Ft. Lee, Attendant, Charleston Naval Weapon and are intended solely to allow the Virginia. Station, Building NS–43, Charleston, Board to consider in a public forum the Product/NSN: Pencil, Mechanical, South Carolina. issues and factors involved in this case. Dual Action, M.R. 052. NPA: Goodwill Industries of Lower No factual analyses, conclusions or NPA: San Antonio Lighthouse, San South Carolina, Inc., North Charleston, findings should be considered final. Antonio, Texas. South Carolina. Only after the Board has considered the
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staff presentation and approved the staff FOR FURTHER INFORMATION CONTACT: For will be awarded with these funds. report will there be an approved final a copy of the full funding opportunity About $925,000 will be for proposals record of this incident. announcement and/or application kit, that provide opportunities for students The meeting will be open to the please contact the person listed as the (K through 12) to participate in a public. Please notify CSB if a translator information contact under each program ‘‘Meaningful’’ Chesapeake Bay or or interpreter is needed, at least 5 or access it via NOAA’s website: http:/ Stream Outdoor Experience. Of the business days prior to the public /www.ofa.noaa.gov/~amd/ amount available for this area of meeting. For more information, please SOLINDEX.HTML interest, about $100,000 will be awarded contact the Chemical Safety and Hazard SUPPLEMENTARY INFORMATION: NOAA to smaller, community-based Investigation Board at (202) 261–7600, published its first omnibus notice organizations that work at a local level or visit our Web site at: www.csb.gov. announcing the availability of grant to provide environmental education Ray Porfiri, funds for both projects and fellowships/ programs. About $925,000 will be for Deputy General Counsel. scholarships/internships for Fiscal Year proposals that provide opportunities for Professional Development in the area of [FR Doc. 03–26379 Filed 10–15–03; 11:14 2004 in the Federal Register on June 30, am] 2003 (68 FR 38678). The evaluation Environmental Education for Teachers within the Chesapeake Bay Watershed. BILLING CODE 6350–01–U criteria and selection procedures contained in the June 30, 2003 omnibus The NCBO anticipates that typical notice are applicable to this solicitation. project awards for ‘‘Meaningful’’ Bay or Stream Outdoor Experiences and DEPARTMENT OF COMMERCE For a copy of the June 30, 2003 omnibus notice, please go to: http:// Professional Development in the Area of National Oceanic and Atmospheric www.ofa.noaa.gov/~amd/ Environmental Education for Teachers Administration SOLINDEX.HTML will range from $10,000 to $150,000. Proposals will be considered for funds [Docket No. 030602141–3244–03; I.D. Electronic Access greater than the specified range. 061703A] The full funding announcement for Statutory Authority: 16 U.S.C 661, 15 RIN 0648–ZB55 each program is available via website: U.S.C. 1540. http://www.ofa.noaa.gov/~amd/ CFDA: 11.457 Chesapeake Bay Availability of Grant Funds for Fiscal SOLINDEX.HTML or by contacting the Studies, Education. Year 2004 program official identified below. These Application Deadline: Preliminary announcements will also be available proposals must be received by 5 p.m. AGENCY: National Oceanic and eastern standard time (EST) on Atmospheric Administration (NOAA), through FedGrants at http:// www.fedgrants.gov. November 17, 2003. Full proposals must Department of Commerce (DOC). be received by 5 p.m. EST on December ACTION: Omnibus Notice Announcing NOAA Project Competitions 31, 2003. the Availability of Grant Funds for Address for submitting Proposals: Fiscal Year 2004 This second omnibus notice describes funding opportunities for the following NOAA Chesapeake Bay Office; SUMMARY: The National Oceanic and NOAA discretionary grant programs: Education Coordinator; 410 Severn Avenue, Suite 107A; Annapolis, MD Atmospheric Administration (NOAA) National Marine Fisheries Service announces a second availability of grant 21403. funds for Fiscal Year 2004. The purpose 1. Bay Watershed Education & Training Information Contact(s): Shannon of this notice is to provide the general (B-WET) Program Sprague: 410–267–5664 or public with a single source of program [email protected]. Summary Description: The B-WET Eligibility: Eligible applicants for both and application information related to grant program is a competitively based areas of interest (i.e., ‘‘Meaningful’’ the Agency’s competitive grant program that supports existing Chesapeake Bay or Stream Outdoor offerings, and it contains the environmental education programs, Experience and Professional information about those programs fosters the growth of new programs, and Development in the Area of required to be published in the Federal encourages the development of Register. This second omnibus notice is Environmental Education for Teachers partnerships among environmental Within the Chesapeake Bay Watershed) designed to replace the multiple Federal education programs throughout the Register notices that traditionally are K-through–12 public and entire Chesapeake Bay watershed. independent schools and school advertised the availability of NOAA’s Funded projects assist in meeting the discretionary funds for its various systems, institutions of higher Stewardship and Community education, nonprofit organizations, state programs. It should be noted that Engagement goals of the Chesapeake additional program initiatives or local government agencies, interstate 2000 Agreement. Projects support agencies, and Indian tribal governments unanticipated at the time of the organizations that provide students publication of this notice may be in the Chesapeake Bay watershed. ‘‘meaningful’’ Chesapeake Bay or stream Cost Sharing Requirements: announced through both subsequent outdoor experiences and professional Encouraged, but not required. Federal Register notices and the NOAA development opportunities for teachers Intergovernmental Review: website: http://www.ofa.noaa.gov/ in the area of environmental education ~ Applications under this program are not amd/SOLINDEX.HTML related to the Chesapeake Bay subject to Executive Order 12372, DATES: Proposals must be received by watershed. ‘‘Intergovernmental Review of Federal the date and time indicated under each Funding Availability: This solicitation Programs.’’ program listing in the SUPPLEMENTARY announces that approximately $1.85M INFORMATION section. may be available in FY 2004 in award 2. Chesapeake Bay Fisheries Research ADDRESSES: Proposals must be amounts to be determined by the Program. submitted to the addresses listed in the proposals and available funds. The Summary Description: The SUPPLEMENTARY INFORMATION section for NOAA Chesapeake Bay Office (NCBO) Chesapeake Bay Fisheries Research each program. anticipates that approximately 30 grants Program is a competitively based
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program that supports research, and submit the application package and Time Kinematic (RTK) Positioning by monitoring, modeling and management associated proposal information via the Different Support Architectures. There addressing various aspects of Grants.gov website. are at least 8 additional priorities that Chesapeake Bay fisheries. The For paper submission - proposals will be addressed in the future in the Chesapeake Bay is a complex and must be received by 5 p.m. eastern time GSAR Program. dynamic ecosystem that supports many on December 1, 2003. Proposals Funding Availability: One award of fisheries that are economically received after that time will not be no more than $65,000 is expected to be important both regionally and considered for funding. NCBO made through this announcement, nationally. The NOAA Chesapeake Bay determines whether an application has depending on availability of funds. Office (NCBO) established the Fisheries been submitted before the deadline by Statutory Authority: Authority for the Steering Committee in 2001 to guide date/time stamping the applications as GSAR program is provided by the various Chesapeake Bay fisheries’ issues they are physically received in the following: Coast and Geodetic Survey including management and research in NCBO office. Act, Public Law 80–373, 33 U.S.C. 883d. an ecosystem context. Funded projects Address for submitting Proposals: CFDA: 11.400, Applied Geodetic foster our knowledge and understanding Electronic submission online: http:// Research. of the Chesapeake Bay ecosystem by: (1) www.grants.gov/ Application Deadline: Proposals must providing biological information and Paper submission: Derek M. Orner, be received by the NGS no later than 5 life history characteristics for many NOAA Chesapeake Bay Office, 410 p.m., EDT, November 17, 2003. individual Chesapeake Bay fisheries Severn Avenue, Suite 107A, Annapolis, Address for submitting Proposals: stocks, and (2) broadening the MD 21403. Geodetic Services Division; NOAA multispecies knowledge base for Information Contact(s): Derek M. National Geodetic Survey; N/NGS1; development of Fisheries Ecosystem Orner, NOAA Chesapeake Bay Office, 1315 East-West Highway, Room 9356; Planning. All projects supported 410 Severn Avenue, Suite 107A, Silver Spring, Maryland 20910–3282. through this program will address Annapolis, MD 21403, or by phone at Information Contact(s): Gilbert J. recommendations of the Chesapeake 410–267–5676, or fax to 410–267–5666, Mitchell: 301–713–3228 ext. 114, or fax Bay Fisheries Ecosystem Plan (http:// or via internet at [email protected]. to 301–713–4176, or via internet at noaa.chesapeakebay.net/fisheries) and Eligibility: Eligible applicants are [email protected]. provide timely (real-time) information institutions of higher education, other Eligibility: Eligible applicants are for making resource management nonprofits, commercial organizations, institutions of higher education and decisions in an ecosystem context. foreign governments, organizations federally funded educational Funding Availability: This solicitation under the jurisdiction of foreign institutions such as the Naval announces that approximately $1.5M governments, international Postgraduate School. may be available in FY 2004 for organizations, state, local and Indian Cost Sharing Requirements: No cost cooperative agreements in amounts to tribal governments. Federal agencies or sharing is required under this program. be determined by the proposals and institutions are not eligible to receive Intergovernmental Review: available funds. Proposals may be Federal assistance under this notice. Applications under this program are not submitted for up to 3 years. However, Cost Sharing Requirements: No cost subject to Executive Order 12372, funds will be made available for only a sharing is required under this program, ‘‘Intergovernmental Review of Federal 12–month award period and any however, the NCBO strongly encourages Programs.’’ renewal of the award period will applicants applying for either area of Oceans and Atmospheric Research depend on submission of a successful interest to share as much of the costs of proposal subject to merit review, the award as possible. Funds from other 1. The Gulf of Mexico Oyster Industry adequate progress on previous award(s), Federal awards may not be considered Program and available funding to renew the matching funds. The nature of the Summary Description: It is the goal of award. It is the intent of the NCBO to contribution (cash versus in-kind) and renew funding for several projects the Gulf Oyster Industry Program to the amount of matching funds will be encourage multi-disciplinary research currently being supported and to make taken into consideration in the review awards with funding through this notice and extension projects that contribute process. Priority selection will be given directly to the efficiency and to these programs pending successful to proposals that propose cash rather review of a new application package, profitability of oyster-related businesses than in-kind contributions. and to the safety of oyster products. It and adequate progress reports and/or Intergovernmental Review: site visits. encourages multi-disciplinary Applications under this program are approaches to meet the challenges faced Statutory Authority: 16 U.S.C. 661. subject to Executive Order 12372, CFDA: 11.457, Chesapeake Bay by the oyster industry in producing ‘‘Intergovernmental Review of Federal Studies, Fisheries Research. wholesome seafood products. Oyster Programs.’’ Application Deadline: Applicants are businesses seek innovative solutions at strongly encouraged to submit National Ocean Service all producing and processing levels, applications electronically through including: production (landings), oyster 1. Geodetic Science and Applied http://www.grants.gov, however, you disease diagnostics, harvesting, post- Research (GSAR) Program may also submit your application to harvest treatment, processing, NOAA in paper format. Summary Description: The GSAR distribution, marketing, consumer For electronic submission - Proposals Program represents an NOAA/NGS education, and food safety. must be received by 5 p.m. eastern time effort to conduct basic and applied Funding Availability: Approximately on December 1, 2003. Proposals research in the geodetic sciences that $1 million is available for the Gulf received after that time will not be advances positioning operations and Oyster Industry competition in 2004 considered for funding. Users of services in support of transportation and and a similar amount is expected but Grants.gov will be able to download a commerce on a national basis. This not assured for FY–2005, therefore, two- copy of the application package, initial opportunity is focused on a year projects will be considered. complete it off line, and then upload specific problem: Three-Frequency Real- Proposals are limited to a total of
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$200,000 for each year and National Marine Fisheries Service, and review process still are eligible to approximately 7 full proposals will be the National Ocean Service, is seeking submit full proposals. funded. preliminary proposals and full Cost Sharing Requirements: None. Statutory Authority: 33 U.S.C. 1121– proposals in innovative research, policy Intergovernmental Review: 1131. and regulatory analysis and Applications under this program are not CFDA: 11.417, Sea Grant Support. development, and outreach and subject to Executive Order 12372, Application Deadline: Pre-proposals demonstration for the development of ‘‘Intergovernmental Review of Federal must be received by 5 p.m. (local time) marine and Great Lakes aquaculture in Programs.’’ on December 1, 2003 and full proposals the United States. by 5 p.m. (local time) February 3, 2004 NOAA Fellowships/Scholarships/ Funding Availability: Depending Internships Competitions by a state Sea Grant Program [or by the upon appropriations, it is anticipated National Sea Grant Office (NSGO) in the that $3.1 million will be available for This second omnibus notice describes case of an applicant in a non-Sea Grant proposals of one or two years duration. funding opportunities for the following state]. Applications are to be forwarded The maximum request for a single NOAA discretionary fellowship, to the NSGO by the state Sea Grant proposal is $400,000 for a one-year scholarship, and internship programs: Programs by 5 p.m. EST on December 8, proposal and $800,000 for a two-year Oceans and Atmospheric Research 2003 for pre-proposals and by 5 p.m. proposal. Approximately 10 awards will EST February 10, 2004 for full be made. 1. Sea Grant - Industry Fellowship proposals. Statutory Authority: 33 U.S.C. 1121– Program Address for submitting Proposals: 1131 Prospective applicants living in Sea Summary Description: The National CFDA: 11.417, Sea Grant Support Sea Grant College Program (Sea Grant) Grant States should submit their Application Deadline: The pre- preliminary and full proposals to the within OAR is seeking applications for proposals are due by 5 p.m. (local time) one of its fellowship programs to fulfill their state’s Sea Grant program. on December 1, 2003 and full proposals Addresses for state Sea Grant programs its broad educational responsibilities are due by 5 p.m. (local time) on and to strengthen the collaboration are available at www.mdsg.umd.edu/ February 3, 2004 at a state Sea Grant ngo/research or by contacting NOAA at between Sea Grant and industry. The Program [or by the National Sea Grant Sea Grant - Industry Fellowship is National Sea Grant College Program, R/ Office (NSGO) in the case of an SG, Attn: Gulf Oyster Industry available to graduate students enrolled applicant from a non-sea Grant state]. in either MS or PhD degree programs in Competition, Room 11838, NOAA, 1315 Applications are to be forwarded to the East-West Highway, Silver Spring, MD institutions of higher education in the NSGO by the state Sea Grant Programs United States and its territories, with 20910, Phone: 301–713–2451. by 5 p.m. EST on December 8, 2003 for Applicants from non-Sea Grant states required matching funds from private pre-proposals and by 5 p.m. EST on industrial sponsors. Industry Fellows should send preliminary and full February 10, 2004 for full proposals. proposals to the above address. will work on research and development Address for submitting Proposals: Information Contact(s): James P. projects on topics of interest to a Prospective applicants living in Sea McVey, Program Director for particular industry/company. In a true Grant States should submit their Aquaculture, or Mary Robinson, partnership, the student, the faculty preliminary and full proposals to the Secretary, National Sea Grant Office, advisor, the Sea Grant College or their state’s Sea Grant program. 301–713–2451, facsimile 301–713–0799, institute, and the industry Addresses for state Sea Grant programs [email protected]. representative will work together, Eligibility: Individuals, institutions of are available at www.mdsg.umd.edu/ sharing research facilities and the cost higher education, nonprofit ngo/research or by contacting NOAA at of the activity. organizations, commercial National Sea Grant College Program, R/ Funding Availability: Sea Grant organizations, State, local and Indian SG, Attn: Gulf Oyster Industry anticipates awarding a total of $300,000 tribal governments, are eligible. Only Competition, Room 11838, NOAA, 1315 in Federal funds through this those who submit preliminary proposals East-West Highway, Silver Spring, MD announcement by supporting five new by the preliminary proposal deadline 20910, Phone: 301–713–2451. Industry Fellows for two years are eligible to submit full proposals. Applicants from non-Sea Grant states beginning in FY 2004. The award for Those submitting preliminary proposals should send preliminary and full each Industry Fellowship, contingent by the preliminary proposal deadline proposals to the above address. upon the availability of Federal funds, that are not recommended by the pre- Information Contact(s): James P. will be in the form of a grant of up to proposal review process still are eligible McVey, Program Director for $30,000 per year from Sea Grant; at least to submit full proposals. Aquaculture, or Mary Robinson, 50% of the Federal share is required as Cost Sharing requirements: Secretary, National Sea Grant Office, a match by the applicant (i.e., $15,000 Applicants are required to provide one 301 713 2451, facsimile 301–713–0799, match for $30,000 in Federal funds for dollar for every two of Federal funds. [email protected]. a total project cost of $45,000). Awards Intergovernmental Review: Eligibility: Individuals, institutions of will have an anticipated start date of Applications under this program are not higher education, nonprofit June 1, 2004. subject to Executive Order 12372, organizations, commercial Statutory Authority: 33 U.S.C. ‘‘Intergovernmental Review of Federal organizations, Federal, State, local and 1127(a). Programs.’’ Indian tribal governments, are eligible. CFDA: 11.417, Sea Grant Support. Only those who submit preliminary Application Deadline: Applications 2. National Marine Aquaculture proposals by the preliminary proposal must be received by 5 p.m. (local time) Initiative deadline are eligible to submit full on December 1, 2003, by a state Sea Summary Description: The NOAA proposals. Those submitting Grant Program [or by the National Sea Office of Oceanic and Atmospheric preliminary proposals by the Grant Office (NSGO) in the case of an Research, in cooperation with the preliminary proposal deadline that are institution of higher education in a non- National Sea Grant College Program, the not recommended by the pre-proposal Sea Grant state]. Applications are to be
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forwarded to the NSGO by the state Sea Funding Availability: The NMFS - Sea submitted by an institution of higher Grant Programs by 5 p.m. (local time) on Grant Joint Graduate Fellowship education. December 8, 2003. Program in Population Dynamics and Cost Sharing Requirements: Required Address for Submitting Applications: Marine Resource Economics expects to 50 percent match of the NSGO funds by Applications from institutions of higher support four new Fellows for 2–3 years the academic institution (i.e.,$6,333). education in Sea Grant states must be beginning in FY 2004. The award for Intergovernmental Review: submitted to the state Sea Grant each fellowship will be a cooperative Applications under this program are not Program. The addresses of the state Sea agreement of $38,000 per year, with an subject to Executive Order 12372, Grant College Programs may be found at anticipated start date of June 1, 2004. ‘‘Intergovernmental Review of Federal the following Internet website: (http:// Statutory Authority: 33 U.S.C. Programs.’’ www.nsgo.seagrant.org/ 1127(a). Limitation of Liability SGDirectors.html) or may also be Catalog of Federal Domestic obtained by contacting Mr. Joseph Assistance Number: 11.417, Sea Grant Funding for programs listed in this Brown at the NSGO (mail address: Support. notice is contingent upon the National Sea Grant College Program, Application Deadline: Applications availability of Fiscal Year 2004 1315 East-West Highway, Silver Spring, must be received by 5 p.m. (local time) appropriations. NOAA issues this notice MD 20910; phone: 301–713–2438 x135; on December 1, 2003 by a state Sea subject to the appropriations made or e- mail: [email protected]). Grant Program [or by the National Sea available under the current continuing Applications from elsewhere may be Grant Office (NSGO) in the case of an resolution (CR), H.J. Res. 69, ‘‘Making submitted either to the nearest state Sea institution of higher education in a non- continuing appropriations for the fiscal Grant Program or directly to the NSGO. Sea Grant state]. Applications are due at year 2004, and for other purposes,’’ Applications submitted to the NSGO the NSGO from state Sea Grant Public Law 108–85. NOAA anticipates should be addressed to: National Sea Programs by 5 p.m. EST on December 8, making awards for programs listed in Grant Office, R/SG, Attn: Mrs. Geraldine 2003. this notice provided that funding for the programs is continued beyond October Taylor, Proposal Processing, Room Address for Submitting Applications: 31, 2003, the expiration of the current 11732, NOAA, 1315 East-West Highway, Applications from institutions of higher continuing resolution. In no event will Silver Spring, MD 20910 (telephone education in Sea Grant states must be NOAA or the Department of Commerce number for express mail applications is submitted to the state Sea Grant be responsible for proposal preparation 301–713–2445). Program. The addresses of the state Sea costs if these programs fail to receive Information Contact(s): Dr. Leon M. Grant College Programs may be found at funding or are cancelled because of Cammen, National Sea Grant College the following Internet website: (http:// other agency priorities. Publication of Program, 1315 East-West Highway, www.nsgo.seagrant.org/ this announcement does not oblige Silver Spring, MD 20910; tel: (301) 713– SGDirectors.html) or may also be NOAA to award any specific project or 2435 ext. 136; e-mail: obtained by contacting Mr. Joseph to obligate any available funds. [email protected]; or any state Brown at the NSGO [mail address: Sea Grant Program. National Sea Grant College Program, Universal Identifier Eligibility: Prospective Fellows must 1315 East-West Highway, Silver Spring, Applicants should be aware that, for be enrolled or provisionally accepted in MD 20910; tel: (301) 713–2438 ext. 135; programs that have deadline dates on or an MS or PhD degree program at an or e- mail: [email protected]]. after October 1, 2003, they will be institution of higher education in the Applications from elsewhere may be required to provide a Dun and United States or its territories. submitted either to the nearest state Sea Bradstreet Data Universal Numbering Applications must be submitted by the Grant Program or directly to the NSGO. System (DUNS) number during the institution of higher education. Applications submitted to the NSGO application process. See the June 27, Cost Sharing Requirements: Required should be addressed to: National Sea 2003 (68 FR 38402) Federal Register 50 percent match of the Federal funds Grant Office, R/SG, Attn: Mrs. Geraldine notice for additional information. by the industrial partner. Taylor, Proposal Processing, Room Organizations can receive a DUNS Intergovernmental Review: 11732, NOAA, 1315 East-West Highway, number at no cost by calling the Applications under this program are not Silver Spring, MD 20910 (telephone dedicated toll-free DUNS Number subject to Executive Order 12372, number for express mail applications is request line at 1–866–705–5711 or via ‘‘Intergovernmental Review of Federal 301–713–2445). the internet (http:// Programs.’’ Information Contact: Dr. Emory D. www.dunandbradstreet.com). 2. GradFell 2004 NMFS - Sea Grant Anderson, National Sea Grant College Joint Graduate Fellowship Program in Program, 1315 East-West Highway, The Department of Commerce Pre- Population Dynamics and Marine Silver Spring, MD 20910; tel: (301) 713– Award Notification Requirements for Resource Economics. 2435 ext. 144; e-mail: Grants and Cooperative Agreements Summary Description: The National [email protected]; any state The Department of Commerce Pre- Sea Grant College Program (Sea Grant) Sea Grant Program; or any participating Award Notification Requirements for within OAR is seeking applications for NMFS facility. Grants and Cooperative Agreements one of its fellowship programs to fulfill Eligibility: Applicants must be United contained in the Federal Register notice its broad educational responsibilities States citizens and must be enrolled or of October 1, 2001 (66 FR 49917), as and to strengthen the collaboration provisionally accepted in a PhD degree amended by the Federal Register notice between Sea Grant and NMFS. Fellows program in population dynamics or a published on October 30, 2002 (67 FR will work on thesis problems of public related field (e.g., applied mathematics, 66109), are applicable to this interest and relevance to NMFS and statistics, or quantitative ecology) or in solicitation. have summer internships at natural resource economics or a related participating NMFS Science Centers or field at an institution of higher Paperwork Reduction Act Laboratories under the guidance of education in the United States or its This document contains collection-of- NMFS mentors. territories. Applications must be information requirements subject to the
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Paperwork Reduction Act (PRA). The short-range strategies for research, DEPARTMENT OF COMMERCE use of Standard Forms 424, 424A, 424B, education, and application of science to SF-LLL, and CD–346 have been resource management. SAB activities National Oceanic and Atmospheric approved by Office of Management and and advice provide necessary input to Administration Budget (OMB) under the respective ensure that National Oceanic and [I.D. 100603D] control numbers 0348–0043, 0348–0044, Atmospheric Administration (NOAA) 0348–0040, 0348–0046, and 0605–0001. science programs are of the highest Marine Mammals; File No.753–1599 Notwithstanding any other provision of quality and provide optimal support to law, no person is required to respond to, resource management. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and nor shall any person be subject to a Time and Date: The meeting will be Atmospheric Administration (NOAA), penalty for failure to comply with, a held Monday, November 3, 2003, from Commerce. collection of information subject to the 8:30 a.m. to 5 p.m. and Tuesday, requirements of the PRA unless that November 4, 2003 from 10 a.m. to 5 ACTION: Receipt of application for collection of information displays a p.m. These times and the agenda topics amendment. currently valid OMB control number. described below may be subject to SUMMARY: Notice is hereby given that Executive Order 12866 change. Refer to the web page listed Jim Darling, Ph.D., 2155 West 13th This notice has been determined to be below for the most up-to-date meeting Avenue, Vancouver, B.C. VOR 2ZO, not significant for purposes of Executive agenda. Canada, has requested an amendment to Order 12866. Place: The meeting will be held both scientific research Permit No. 753– days at the Key Bridge Marriott Hotel, 1599–00. Executive Order 13132 (Federalism) 1401 Lee Highway, Arlington, VA. DATES: Written or telefaxed comments It has been determined that this notice Status: The meeting will be open to must be received on or before November does not contain policies with public participation with a 30-minute 17, 2003. Federalism implications as that term is time period set aside on Monday, ADDRESSES: The amendment request defined in Executive Order 13132. November 3 for direct verbal comments and related documents are available for Administrative Procedure Act/ or questions from the public. The SAB review upon written request or by Regulatory Flexibility Act expects that public statements presented appointment in the following office(s): Prior notice and an opportunity for at its meetings will not be repetitive of Permits, Conservation and Education public comment are not required by the previously submitted verbal or written Division, Office of Protected Resources, Administrative Procedure Act or any statements. In general, each individual NMFS, 1315 East-West Highway, Room other law for rules concerning public or group making a verbal presentation 13705, Silver Spring, MD 20910; phone property, loans, grants, benefits, and will be limited to a total time of five (5) (301)713–2289; fax (301)713–0376; contracts (5 U.S.C. 553(a)(2)). Because minutes. Written comments (at least 35 Alaska Region, NMFS, P.O. Box notice and opportunity for comment are copies) should be received in the SAB 21668, Juneau, AK 99802–1668; phone not required pursuant to 5 U.S.C. 553 or Executive Director’s Office by October (907)586–7221; fax (907)586–7249; and any other law, the analytical 22, 2003, to provide sufficient time for Protected Species Coordinator, Pacific requirements of the Regulatory SAB review. Written comments received Area Office, NMFS, 1601 Kapiolani Flexibility Act (5 U.S.C. 601 et seq.) are by the SAB Executive Director after Blvd., Rm, 1110, Honolulu, HI 96814– inapplicable. Therefore, a regulatory October 22, 2003, will be distributed to 4700; phone (808)973–2935; fax flexibility analysis has not been the SAB, but may not be reviewed prior (808)973–2941. Written comments or prepared. to the meeting date. Approximately requests for a public hearing on this thirty (30) seats will be available for the request should be submitted to the Dated: October 10, 2003. public including five (5) seats reserved Chief, Permits, Conservation and John J. Kelly, Jr., for the media. Seats will be available on Education Division, F/PR1, Office of Deputy Undersecretary of Commerce for a first-come, first-served basis. Protected Resources, NMFS, 1315 East- Oceans and Atmosphere, National Oceanic West Highway, Room 13705, Silver and Atmospheric Administration. Matters to be Considered: The meeting will include the following Spring, MD 20910. Those individuals [FR Doc. 03–26297 Filed 10–16–03; 8:45 am] topics: (1) NOAA Research Review, (2) requesting a hearing should set forth the BILLING CODE 3510–22–S Minority Serving Institutions, (3) NOAA specific reasons why a hearing on this Programming Planning and Budgeting, particular amendment request would be appropriate. DEPARTMENT OF COMMERCE (4) Hydrology in NOAA, (5) Homeland Security, and (6) public statements. Comments may also be submitted by facsimile at (301)713–0376, provided National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Dr. Administration the facsimile is confirmed by hard copy Michael Uhart, Executive Director, submitted by mail and postmarked no Science Advisory Board Science Advisory Board, NOAA, Rm. later than the closing date of the 11142, 1315 East-West Highway, Silver comment period. Please note that AGENCY: Office of Oceanic and Spring, Maryland 20910. (Phone: 301– comments will not be accepted by e- Atmospheric Research, NOAA, DOC. 713–9121, Fax: 301–713–0163, e-mail: mail or other electronic media. ACTION: Notice of open meeting. [email protected]); or visit the FOR FURTHER INFORMATION CONTACT: Jill NOAA SAB Web site at http:// Lewandowski, (301)713–2289. SUMMARY: The Science Advisory Board www.sab.noaa.gov. (SAB) was established by a Decision SUPPLEMENTARY INFORMATION: The Memorandum dated September 25, Dated: October 10, 2003. subject amendment to Permit No. 753– 1997, and is the only Federal Advisory Louisa Koch, 1599–00, issued on January 10, 2001 (66 Committee with responsibility to advise Deputy Assistant Administrator, OAR. FR 1957–1958), is requested under the the Under Secretary of Commerce for [FR Doc. 03–26293 Filed 10–16–03; 8:45 am] authority of the Marine Mammal Oceans and Atmosphere on long- and BILLING CODE 3510–KD–P Protection Act of 1972, as amended (16
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U.S.C. 1361 et seq.), the Regulations DATES: Written comments must be Chapter 30 of Title 35 U.S.C. provides Governing the Taking and Importing of submitted on or before December 16, that any person at any time may file a Marine Mammals (50 CFR part 216), the 2003. request for reexamination by the USPTO Endangered Species Act of 1973, as ADDRESSES: Direct all written comments of any claim of a patent on the basis of amended (16 U.S.C. 1531 et seq.), and to Susan K. Brown, Records Officer, prior art patents or printed publications. the regulations governing the taking, Office of the Chief Information Officer, Once initiated, the reexamination importing, and exporting of endangered Office of Data Architecture and proceedings are substantially ex parte and threatened species (50 CFR 222– Services, Data Administration Division, and do not permit input from third 226). 703–308–7400, U.S. Patent and parties, but Chapter 31 also provides for Permit No. 753–1599–00 authorizes Trademark Office, PO Box 1450, optional inter partes reexamination the permit holder to conduct studies on Alexandria, VA 22313, Attn: CPK 3 allowing third parties to participate. The the mating behavior, social organization Suite 310; by e-mail at rules outlining ex parte and inter partes and behavioral ecology of humpback [email protected]; or by facsimile reexaminations are found at 37 CFR whales (Megaptera novaeangliae) and at (703) 308–7407. 1.510–1.570 and 1.902–1.997. If a request for ex parte or inter partes gray whales (Eschrichtius robustus) in FOR FURTHER INFORMATION CONTACT: reexamination is denied, the requester the state waters of Alaska, Hawaii, Requests for additional information Oregon, Washington and California. The may petition the Director to review the should be directed to Robert J. Spar, examiner’s refusal of reexamination. current permit expires on January 1, Director, Office of Patent Legal 2006. The USPTO is adding these two Administration, USPTO, PO Box 1450, petitions, the Petition to Review Refusal The permit holder is now requesting Alexandria, VA 22313–1450; by to Grant Ex Parte Reexamination (37 additional takes for humpback whales telephone at (703) 308–5107; or by e- CFR 1.515(c)) and the Petition to Review only to further study the whales’ songs mail at [email protected]. Refusal to Grant Inter Partes in Hawaiian and Alaskan waters. SUPPLEMENTARY INFORMATION Reexamination (37 CFR 1.927), to this Specifically, the permit holder is I. Abstract information collection. These petitions requesting the following additional are not new requirements but were not annual takes: 100 humpback whales The United States Patent and previously covered in this collection. through the playback of recorded Trademark Office (USPTO) is required No forms are provided for these humpback whale songs, 50 humpback by 35 U.S.C. 131 and 151 to examine petitions. whales through suction cup and applications and, when appropriate, The public uses this information implantable tags designed to study the allow applications and issue them as collection to request corrections of short-term movement patterns of the patents. When an application for a errors in issued patents, to request animals, and 300 humpback whales patent is allowed by the USPTO, the reissue patents, to request through harassment incidental to these USPTO issues a notice of allowance and reexamination proceedings, and to research activities. the applicant must pay the specified ensure that associated fees and Concurrent with the publication of issue fee (including the publication fee, documentation are submitted to the this notice in the Federal Register, if applicable) within three months to USPTO. The USPTO provides 10 paper NMFS is forwarding copies of this avoid abandonment of the application. forms that the public may use to submit application to the Marine Mammal If the appropriate fees are paid within the necessary information for these Commission and its Committee of the proper time period, the USPTO can requirements, although there are no Scientific Advisors. then issue the patent. If the fees are not forms provided for some of the paid within the designated time period, Dated: October 8, 2003. documentation necessary for a reissue the application is abandoned and the Jill K. Lewandowski, application. applicant may petition the Director to This collection was previously Acting Chief, Permits, Conservation and accept a delayed payment with a approved by OMB in January 2001, at Education Division, Office of Protected satisfactory showing that the delay was Resources, National Marine Fisheries Service. which time Form PTO/SB/58 Request unavoidable. This Petition for Revival of for Inter Partes Reexamination was [FR Doc. 03–26296 Filed 10–16–03; 8:45 am] an Application for Patent Abandoned added to this collection to support the BILLING CODE 3510–22–S Unavoidably (Form PTO/SB/61) is USPTO’s amended rules of practice approved under information collection implementing third party reexamination 0651–0031. The rules outlining the proceedings as found in the American DEPARTMENT OF COMMERCE procedures for payment of the issue fee Inventors Protection Act of 1999. In May Patent and Trademark Office and issuance of a patent are found at 37 2001, OMB approved a change CFR 1.18 and 1.311–1.317. worksheet to delete Form PTO/SB/54 Post Allowance and Refiling Chapter 25 of Title 35 U.S.C. provides Reissue Application by the Assignee, that there are several actions that the Offer to Surrender Patent from this ACTION: Proposed collection; comment applicant may take after issuance of a collection due to the elimination of the request. patent, including requesting the requirement to file an offer to surrender correction of errors in a patent. For the original patent at the time of filing SUMMARY: The United States Patent and original patents that are deemed wholly a reissue application. The USPTO also Trademark Office (USPTO), as part of its or partly inoperative, applicants may revised Form PTOL–85B Issue Fee continuing effort to reduce paperwork file a reissue application, which entails Transmittal in order to support a change and respondent burden, invites the several formal requirements including in practice regarding publication fees general public and other Federal an oath or declaration that the errors in and to accommodate the acceptance of agencies to take this opportunity to the patent were not the result of any payments by credit card. In November comment on the continuing information deceptive intention on the part of the 2001, OMB approved another change collection, as required by the Paperwork applicant. The rules outlining these worksheet that increased the total Reduction Act of 1995, Public Law 104– procedures are found at 37 CFR 1.171– responses and burden hours as an 13 (44 U.S.C. 3506(c)(2)(A)). 1.179 and 1.322–1.325. administrative adjustment to reflect a
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net increase in filings for the items II. Method of Collection This estimate includes the decrease of 5 covered under this collection. By mail, facsimile, or hand delivery to hours per year that would result from The USPTO also recently submitted the USPTO. the deletion of Form PTO/SB/55 Reissue Patent Application Statement as to Loss this collection in conjunction with a III. Data notice of proposed rulemaking entitled of Original Patent, which is currently ‘‘Changes to Support Implementation of OMB Number: 0651–0033. under review at OMB. Form Number(s): PTO/SB/44/50/51/ the United States Patent and Trademark Estimated Total Annual Respondent 51S/52/53/56/57/58 and PTOL–85B. Office 21st Century Strategic Plan’’ (RIN Cost Burden: $8,380,572 per year. The Type of Review: Revision of a USPTO expects that the information in 0651–AB64), which was published in currently approved collection. this collection will be prepared by the Federal Register on September 12, Affected Public: Individuals or 2003 (Vol. 68, No. 177). The proposed households; businesses or other for- attorneys, except for the Issue Fee rulemaking would eliminate the profits; not-for-profit institutions; farms; Transmittal, which will be prepared by requirement in 37 CFR 1.178 for a the Federal Government; and state, local paraprofessionals. Using the ribbon copy of the patent grant to be or tribal governments. professional rate of $252 per hour for surrendered in a reissue application and Estimated Number of Respondents: associate attorneys in private firms, the consequently delete Form PTO/SB/55 223,411 responses per year. This USPTO estimates that the respondent cost burden for attorneys submitting the Reissue Patent Application Statement as estimate includes the decrease of 95 information in this collection will be to Loss of Original Patent from this responses per year that would result $7,222,572 per year. Using the collection. The rulemaking would also from the deletion of Form PTO/SB/55 Reissue Patent Application Statement as paraprofessional rate of $30 per hour, allow applicants to use electronic the USPTO expects that the respondent signatures to sign patent and to Loss of Original Patent, which is currently under review at OMB. cost burden for submitting the Issue Fee examination proceeding documents that Estimated Time Per Response: The Transmittal form will be $1,158,000 per have been created electronically with a USPTO estimates that it will take the year. These estimates exclude the word processor or obtained from the public from 1.8 minutes (0.03 hours) to respondent cost burden for Form PTO/ USPTO website as fillable forms. The 2 hours to gather the necessary SB/55 Reissue Patent Application information collection package for information, prepare the appropriate Statement as to Loss of Original Patent 0651–0033 associated with this form or other document, and submit the due to the pending deletion of this form proposed rulemaking is currently under information to the USPTO. in the 0651–0033 information collection review at OMB. Estimated Total Annual Respondent submission that is currently under Burden Hours: 67,261 hours per year. review at OMB.
Estimated Estimated time Estimated annual Item Form number for response annual burden responses hours
Certificate of Correction ...... PTO/SB/44 ...... 1 hour ...... 25,000 25,000 Reissue Documentation ...... None ...... 2 hours ...... 870 1,740 Reissue Patent Application Transmittal ...... PTO/SB/50 ...... 12 minutes ...... 870 174 Reissue Application Declaration by the Inventor or the Assignee ...... PTO/SB/51/52 .. 30 minutes ...... 870 435 Supplemental Declaration for Reissue Patent Application to Correct PTO/SB/51S ..... 1.8 minutes ...... 550 17 ‘‘Errors’’ Statement (37 CFR 1.175). Reissue Application: Consent of Assignee; Statement of Non-assign- PTO/SB/53 ...... 6 minutes ...... 850 85 ment. Reissue Application Fee Transmittal Form ...... PTO/SB/56 ...... 12 minutes ...... 870 174 Request for Ex Parte Reexamination Transmittal Form ...... PTO/SB/57 ...... 2 hours ...... 330 660 Request for Inter Partes Reexamination Transmittal Form ...... PTO/SB/58 ...... 2 hours ...... 175 350 Petition to Review Refusal to Grant Ex Parte Reexamination ...... None ...... 1 hour ...... 25 25 Petition to Review Refusal to Grant Inter Partes Reexamination ...... None ...... 1 hour ...... 1 1 Issue Fee Transmittal ...... PTOL–85B ...... 12 minutes ...... 193,000 38,600
Total ...... 223,411 67,261
Estimated Total Annual Non-hour fees for the reissue application required, and whether the inventor is Respondent Cost Burden: $257,516,601 (including small entities) and covers all entitled to the discounted small entity per year. There are no capital start-up parts of the application, including fee. The additional publication fee may costs, maintenance costs, or reissue documentation, reissue not be owed at the time of patent issue recordkeeping costs associated with this application transmittal, reissue for any of the following reasons: (1) The information collection. However, this application declarations, and consent of application requested non-publication collection does have annual (non-hour) assignee or statement of non- under 35 U.S.C. 122(b)(2)(B)(i); (2) the costs in the form of filing fees and assignment. There is no fee for the application will not be published due to postage costs. supplemental declaration for a reissue national security concerns as provided The total estimated annual filing fees patent application to correct an ‘‘errors’’ in 35 U.S.C. 122(d); (3) the applicant has for this collection are calculated in the statement. paid the publication fee prior to issue accompanying chart. The fees listed Additionally, there are several due to a request for early or amended correspond to the USPTO Fee Schedule different issue fees under 37 CFR 1.18 publication under 37 CFR 1.219; or (4) effective October 1, 2003. The Reissue depending on the type of patent being the application was filed prior to Fee Transmittal Form includes the filing issued, whether a publication fee is November 29, 2000 and therefore not
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subject to eighteen-month publication associated with this collection will be under 35 U.S.C. 122(b). The USPTO $257,407,130 per year. estimates that the total filing costs
Estimated Item Form No. annual Fee amount Estimated annual responses filing costs
Certificate of Correction ...... PTO/SB/44 ...... 25,000 $100.00 $2,500,000.00 Reissue Documentation ...... None ...... 870 0.00 0.00 Reissue Patent Application Transmittal ...... PTO/SB/50 ...... 870 0.00 0.00 Reissue Application Declaration by the Inventor or the Assignee ...... PTO/SB/51/52 .. 870 0.00 0.00 Supplemental Declaration for Reissue Patent Application to Correct PTO/SB/51S ..... 550 0.00 0.00 ‘‘Errors’’ Statement (37 CFR 1.175). Reissue Application: Consent of Assignee; Statement of Non-assign- PTO/SB/53 ...... 850 0.00 0.00 ment. Reissue Application Fee Transmittal Form ...... PTO/SB/56 ...... 520 770.00 400,400.00 Reissue Application Fee Transmittal Form (small entity) ...... PTO/SB/56 ...... 350 385.00 134,750.00 Request for Ex Parte Reexamination Transmittal Form ...... PTO/SB/57 ...... 330 2,520.00 831,600.00 Request for Inter Partes Reexamination Transmittal Form ...... PTO/SB/58 ...... 175 8,800.00 1,540,000.00 Petition to Review Refusal to Grant Ex Parte Reexamination ...... None ...... 25 130.00 3,250.00 Petition to Review Refusal to Grant Inter Partes Reexamination ...... None ...... 1 130.00 130.00 Issue Fee (utility patent, no publication fee) ...... PTOL–85B ...... 25,000 1,330.00 33,250,000.00 Issue Fee (utility patent, no publication fee, small entity) ...... PTOL–85B ...... 9,000 665.00 5,985,000.00 Issue Fee (utility patent, with publication fee) ...... PTOL–85B ...... 105,000 1,630.00 171,150,000.00 Issue Fee (utility patent, with publication fee, small entity) ...... PTOL–85B ...... 36,000 965.00 34,740,000.00 Issue Fee (design patent, no publication fee) ...... PTOL–85B ...... 8,500 480.00 4,080,000.00 Issue Fee (design patent, no publication fee, small entity) ...... PTOL–85B ...... 8,500 240.00 2,040,000.00 Issue Fee (plant patent, no publication fee) ...... PTOL–85B ...... 120 640.00 76,800.00 Issue Fee (plant patent, no publication fee, small entity) ...... PTOL–85B ...... 80 320.00 25,600.00 Issue Fee (plant patent, with publication fee) ...... PTOL–85B ...... 480 940.00 451,200.00 Issue Fee (plant patent, with publication fee, small entity) ...... PTOL–85B ...... 320 620.00 198,400.00
Total ...... 223,411 ...... $257,407,130.00
Customers may incur postage costs burden of the collection of information quality and long-term relevance of Air when submitting the information in this on respondents, e.g., the use of Vehicle research. Because classified and collection to the USPTO by mail. The automated collection techniques or contractor-proprietary information will USPTO estimates that the average first- other forms of information technology. be discussed, this meeting will be class postage cost for a mailed Comments submitted in response to closed to the public. submission will be 49 cents and that up this notice will be summarized or DATES: November 3–7, 2003. included in the request for OMB to 223,411 submissions will be mailed ADDRESSES: Wright-Patterson Air Force to the USPTO per year. The total approval of this information collection; Base, Ohio. estimated postage cost for this collection they also will become a matter of public FOR FURTHER INFORMATION CONTACT: is $109,471 per year. record. Major Dwight Pavek, Air Force These estimated annual (non-hour) Dated: October 10, 2003. Scientific Advisory Board Secretariat, costs exclude the costs for Form PTO/ Susan K. Brown, 1180 Air Force Pentagon, Rm 5D982, SB/55 Reissue Patent Application Records Officer, USPTO, Office of the Chief Washington DC 20330–1180, (703) 697– Statement as to Loss of Original Patent Information Officer, Office of Data 4811. due to the pending deletion of this form Architecture and Services, Data in the 0651–0033 information collection Administration Division. Pamela D. Fitzgerald, submission that is currently under [FR Doc. 03–26275 Filed 10–16–03; 8:45 am] Air Force Federal Register Liaison Officer. review at OMB. The total non-hour BILLING CODE 3510–16–P [FR Doc. 03–26291 Filed 10–16–03; 8:45 am] respondent cost burden for this BILLING CODE 5001–05–P collection in the form of filing fees and postage costs is $257,516,601 per year. DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE IV. Request for Comments Department of the Air Force Comments are invited on: (a) Whether Department of the Navy the proposed collection of information HQ USAF Scientific Advisory Board Meeting of the Chief of Naval is necessary for the proper performance AGENCY: Department of the Air Force, Operations (CNO) Executive Panel of the functions of the agency, including DoD. whether the information shall have ACTION: Notice of meeting. AGENCY: Department of the Navy, DOD. practical utility; (b) the accuracy of the ACTION: Notice of closed meeting. agency’s estimate of the burden SUMMARY: Pursuant to Public Law 92– (including hours and cost) of the 463, notice is hereby given of the SUMMARY: The CNO Executive Panel proposed collection of information; (c) forthcoming meeting of the 2003 reported the recommendations of the ways to enhance the quality, utility, and Science and Technology Review. The South Asia Study Group to the Chief of clarity of the information to be purpose of the meeting is to allow the Naval Operations. This meeting collected; and (d) ways to minimize the SAB and study leadership to assess the consisted of discussions relating to
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South Asia security issues as context for Newport, RI 02841–1207, telephone proposed information collection potential expansion of U.S. security number (401) 841–3589. requests prior to submission of these cooperation with nations of the region. SUPPLEMENTARY INFORMATION: This requests to OMB. Each proposed DATES: The meeting was held on notice of meeting is provided per the information collection, grouped by Tuesday, October 7, 2003, from 7 a.m. Federal Advisory Committee Act (5 office, contains the following: (1) Type to 8 a.m. U.S.C. App. 2). The purpose of the of review requested, e.g. new, revision, extension, existing or reinstatement; (2) ADDRESSES: The meeting was held at the Board of Advisors meeting is to elicit Title; (3) Summary of the collection; (4) Chief of Naval Operations dining room, advice on educational, doctrinal, and Description of the need for, and Room 4E641, 2000 Navy Pentagon, research policies and programs. The proposed use of, the information; (5) Washington, DC 20350–2000. agenda will consist of presentations and discussions on the curriculum, Respondents and frequency of FOR FURTHER INFORMATION CONTACT: programs and plans of the College since collection; and (6) Reporting and/or Commander David Hughes, CNO the last meeting of the BOA on March Recordkeeping burden. OMB invites Executive Panel, 4825 Mark Center 20–21, 2003. public comment. Drive, Alexandria, VA 22311, (703) 681– 4908 or Commander Jonathan Huggins, Dated: October 3, 2003. Dated: October 10, 2003. CNO Executive Panel, (703) 681–6207. E.F. McDonnell, Angela C. Arrington, Leader, Regulatory Information Management SUPPLEMENTARY INFORMATION: Pursuant Major, U.S. Marine Corps, Federal Register Group, Office of the Chief Information Officer. to the provisions of the Federal Liaison Officer. Advisory Committee Act (5 U.S.C. App. [FR Doc. 03–26290 Filed 10–16–03; 8:45 am] Office of Safe and Drug Free Schools 2), these matters constituted classified BILLING CODE 3810–FF–P Type of Review: Revision. information that is specifically authorized by Executive Order to be Title: Grants to States for Training Incarcerated Youth Offenders—Eligible kept secret in the interest of national DEPARTMENT OF EDUCATION defense and are, in fact, properly Population Data Request Form. classified pursuant to such Executive Submission for OMB Review; Frequency: Annually. Order. Accordingly, the Secretary of the Comment Request Affected Public: State, Local, or Tribal Navy determined in writing that the Gov’t, SEAs or LEAs. AGENCY: Department of Education. public interest required that the meeting Reporting and Recordkeeping Hour SUMMARY: The Leader, Regulatory be closed to the public because it was Burden: Information Management Group, Office concerned with matters listed in section Responses: 56. of the Chief Information Officer invites 552b(c)(1) of title 5, United States Code. Burden Hours: 2,275. comments on the submission for OMB Due to an unavoidable delay in review as required by the Paperwork Abstract: To receive an award under administrative processing, the 15 days Reduction Act of 1995. the Youth Offenders Program, a State advance notice could not be provided. Correctional Education Agency (SCEA) DATES: Interested persons are invited to must submit a state plan describing how Dated: October 10, 2003. submit comments on or before E.F. McDonnell, the program will operate. States must November 17, 2003. also submit an annual evaluation report. Major, U.S. Marine Corps, Federal Register ADDRESSES: Written comments should Liaison Officer. The date requested from the state on the be addressed to the Office of [FR Doc. 03–26271 Filed 10–16–03; 8:45 am] eligible population request form is Information and Regulatory Affairs, necessary to run the allocation formula. BILLING CODE 3810–FF–U Attention: Karen Lee, Desk Officer, Requests for copies of the submission Department of Education, Office of for OMB review; comment request may Management and Budget, 725 17th DEPARTMENT OF DEFENSE be accessed from http:// Street, NW., Room 10235, New edicsweb.ed.gov, by selecting the Department of the Navy Executive Office Building, Washington, ‘‘Browse Pending Collections’’ link and DC 20503 or should be electronically by clicking on link number 2360. When Meeting of the Board of Advisors mailed to the internet address you access the information collection, _ _ (BOA) to the President, U.S. Naval War Karen F. [email protected]. click on ‘‘Download Attachments’’ to College (NWC) SUPPLEMENTARY INFORMATION: Section view. Written requests for information should be addressed to Vivian Reese, AGENCY: Department of the Navy, DoD. 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires Department of Education, 400 Maryland ACTION: Notice of open meeting. that the Office of Management and Avenue, SW., Room 4050, Regional Office Building 3, Washington, DC SUMMARY: The BOA to the President, Budget (OMB) provide interested U.S. NWC, will meet to discuss Federal agencies and the public an early 20202–4651 or to the e-mail address educational, doctrinal, and research opportunity to comment on information [email protected]. Requests may also collection requests. OMB may amend or be electronically mailed to the internet policies and programs at the NWC. This _ meeting will be open to the public. waive the requirement for public address OCIO [email protected] or faxed to consultation to the extent that public 202–708–9346. Please specify the DATES: The meeting will be held on participation in the approval process complete title of the information Friday, November 21, 2003, from 8 a.m. would defeat the purpose of the collection when making your request. to 4 p.m. information collection, violate State or Comments regarding burden and/or ADDRESSES: The meeting will be held in Federal law, or substantially interfere the collection activity requirements Conolly Hall, U.S. NWC, 686 Cushing with any agency’s ability to perform its should be directed to Kathy Axt at her Road, Newport, RI. statutory obligations. The Leader, e-mail address [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. Regulatory Information Management Individuals who use a Richard R. Menard, Office of the Group, Office of the Chief Information telecommunications device for the deaf Provost, U.S. NWC, 686 Cushing Road, Officer, publishes that notice containing (TDD) may call the Federal Information
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Relay Service (FIRS) at 1–800–877– Lewis and Clark, Powell, Jefferson, Waukesha County, WI, Due: 8339. Broadwater and Meagher Counties, December 4, 2003, Contact: David [FR Doc. 03–26259 Filed 10–16–03; 8:45 am] MT, Due: December 1, 2003, Contact: Platz (608) 829–7509. BILLING CODE 4000–01–P Dea Nelson (406) 266–3405. EIS No. 030472, Draft EIS, COE, AL, EIS No. 030465, Final EIS, COE, CA, Choctaw Point Terminal Project, East Cliff Drive Bluff Protection and Construction and Operation of a Parkway Project, Alternatives ENVIRONMENTAL PROTECTION Container Handling Facility, Evaluation for Coastal Bluff Erosion AGENCY Department of the Army (DA) Permit Protection, City of Santa Cruz, Santa Issuance, Mobile County, AL, Due: [ER–FRL–6644–6] Cruz County, CA, Due: November 17, January 5, 2004, Contact: Dr. Susan I. 2003, Contact: Yvonne LeTellier (415) Rees (251) 694–4141. Environmental Impact Statements; 977–8466. EIS No. 030473, Final EIS, FHW, WA, I– Notice of Availability EIS No. 030466, Draft EIS, BLM, OR, 5 Toutle Park Road to Maytown Upper Deschutes Resource Transportation Improvements, Responsible Agency: Office of Federal Management Plan, Implementation, Activities, General Information (202) Funding, US Army COE Section 404 Deschutes, Klamath, Jefferson and Permit, US Coast Guard Permit and 260–7167 or http://www.epa.gov/ Cook Counties, OR, Due: January 15, compliance/nepa/. NPDES Permit Issuance, Cowlitz, 2004, Contact: Mollie Chaudet (541) Lewis and Thurston Counties, WA, Weekly receipt of Environmental Impact 416–6700. Due: November 24, 2003, Contact: Statements EIS No. 030467, Draft EIS, AFS, OR, Michael Kulbacki (360) 753–9413. Filed October 06, 2003 Through October Monument Fire Recovery Project, EIS No. 030474, Draft EIS, NOA, HI, GU, 10, 2003 Whitman Unit—Wallowa—Whitman AS, Bottomfish and Seamount Pursuant to 40 CFR 1506.9. National Forest (WWNF) Timber Groundfish Fisheries Conservation EIS No. 030460, Final EIS, AFS, MT, Harvest of Fire Killed/Dying Trees, and Management Plan, Windmill Timber Sale and Road Reforestation, Recovery of Implementation, US Economic Zone Decommissioning Project, Timber Herbaceous, Native Vegetation and (EEZ) around the State of Hawaii, Harvesting, Road Construction and Maintenance or Improvement of Territories of Samoa and Guam, Road Decommissioning, Mill Creek Water Quality, Implementation, Baker Commonwealth of the Northern Drainage, Absaroka Mountain Range, County, OR, Due: December 1, 2003, Mariana and various Islands and Gallatin National Forest, Park County, Contact: Roger LeMaster (541) 523– Atolls known as the US Pacific MT, Due: November 17, 2003, 4476. remove island areas, HI, GU and AS, EIS No. 030468, Draft Supplement, Contact: Mike Dettori (406) 222–1892. Due: December 1, 2003, Contact: Kitty AGS, OR, Lemolo Watershed Projects, M. Simonds (808) 522–8220. This document is available on the Updated and New Information EIS No. 030475, Draft EIS, BLM, CO, Internet at: http://www.fs.fed.us/rl/ concerning Recommendations Colorado Canyons National gallatin. Steamed from the Diamond Lake/ Conservation Area and Black Ridge EIS No. 030461, Final EIS, FHW, WY, Lemolo Lake Watershed Analysis Canyons Wilderness Resource US 287/26 Improvements Project, (WA), Implementation, Umpqua Management Plan, Implementation, Moran Junction to 12 miles west of National Forest, Diamond Lake Mesa County, CO, Due: January 31, Dubois to where the roadway Ranger District, Douglas County, OR, 2004, Contact: Jane Ross (970) 244– traverses thru the Bridger-Teton and Due: December 1, 2003, Contact: Steve 3007. Shoshone National Forests and Grand Buskie (541) 498–2531. Teton National Park, NPDES and US EIS No. 030469, Final Supplement, EIS No. 030476, Draft EIS, COE, AL, Army COE Section 404 Permits FHW, WA, Elliott Bridge No. 3166 Arlington and Garrows Bend Issuance, Teton and Fremont Replacement, Updated and Channels and Adjacent Area Counties, WY, Due: December 19, Reevaluated Information concerning restoration, Maintenance Dredging, 2003, Contact: Galen W. Hesterberg Replacement of the 149th Avenue SE City of Mobile, Mobile County, AL, (307) 772–2012. Crossing over the Cedar River, Due: January 5, 2004, Contact: Dr. EIS No. 030462, Draft EIS, AFS, AZ, Funding, US CGD Bridge Permit and Susan Ivester Rees (215) 694–4141. Rodeo-Chediski Fire Salvage Project, US Army COE Section 404 Permit Amended Notices Timber Harvest of Merchantable Dead Issuance, City of Renton, King EIS No. 030389, Draft EIS, FHW, NC, Trees as Sawtimber and Products County, WA, Due: November 17, Greensboro-High Point Road (NC other than Lumber (POL), 2003, Contact: James A. Leonard (360) –1486–NC–4121) Improvements from Implementation, Apache-Sitgreaves 753–9408. US 311 (I–74) to Hilltop Road (NC– and Tonto National Forest, Apache, EIS No. 030470, Draft EIS, FHW, TX, 1404), Cities of Greensboro and High Coconino and Navajo Counties, AZ, Grand Parkway/TX–99 Segment F–1 Point, the Town of Jamestown, Due: December 1, 2003, Contact: Highway Construction, US 290 to TX– Guilford County, NC, Due: November Jimmy E. Hibbetts (928) 333–4301. 249, Funding and US Army COE 7, 2003, Contact: John F. Sullivan EIS No. 030463, Draft EIS, FHW, NY, Section 404 Permit Issuance, Harris, (919) 856–4346. Cumberland Head Connector Road Montgomery, Fort Bend, Liberty, Construction, County Road 57 Brazoria, Galveston and Chambers Revision of FR Notice Published on 8/ between US 9 and the Peninsula Counties, TX, Due: January 16, 2004, 28/03: CEQ Comment Period Ending 10/ (known as the Parkway), Funding, Contact: John R. Mack (512) 536– 14/2003 has been Extended to 11/7/ Town of Plattsburg, Clinton County, 5960. 2003. NY, Due: December 1, 2003, Contact: EIS No. 030471, Draft EIS, FHW, WI, EIS No. 030401, Draft EIS, FRC, OR, Robert Arnold (518) 431–4127. WI–83 Highway Improvements, Pelton Round Butte Hydroelectric EIS No. 030464, Draft EIS, AFS, MT, County NN in Mukwonago to WI–16 Project, (FERC No. 2030–0306), Helena National Forest Noxious Weed in Hartland, Funding and US Army Application for a New License for Treatment Project, Implementation, COE Section 404 Permit Issuance, Existing 366.82-megawatt Project,
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Deschutes River, OR, Due: December Proposed Settlement if such comments 40 CFR 403.12(h), and required under 31, 2003, Contact: Nicholas JayJack disclose facts or considerations which its Industrial Wastewater Discharge (202) 502–6073. indicate the Proposed Settlement is Permit issued by the Sanitation Districts Revision of FR Notice Published on 9/ inappropriate, improper, or inadequate. of Los Angeles County. 5/2003: CEQ Comment Period Ending EPA’s response to any written DATES: Comments must be submitted on on 10/20/2003 has been Extended to 12/ comments received will be available for or before November 17, 2003. 31/2003. public inspection at the U.S. ADDRESSES: Submit comments to: Environmental Protection Agency, Dated: October 14, 2003. Danielle Carr, Regional Hearing Clerk, Region III, 1650 Arch Street, U.S. Environmental Protection Agency Ken Mittelholtz, Philadelphia, PA 19103. Environmental Protection Specialist, Office Region IX, 75 Hawthorne Street, San of Federal Activities. DATES: Comments must be submitted on Francisco, CA 94105–3901. or before November 17, 2003. [FR Doc. 03–26325 Filed 10–16–03; 8:45 am] Documents from the administrative ADDRESSES record file may be obtained by writing BILLING CODE 6560–50–M : The proposed settlement agreement is available for public Ms. Carr at the above address. inspection at the U.S. Environmental FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION Protection Agency, Region III, 1650 Interested parties may contact the AGENCY Arch Street, Philadelphia, PA 19103. A following EPA representative to learn copy of the proposed settlement more about this action. Richard [FRL–7575–7] agreement may be obtained from, Campbell, U.S. Environmental Notice of Administrative Settlement Regional Docket Clerk (3RC00), U.S. Protection Agency Region IX, 75 Agreement Pursuant to the Environmental Protection Agency, 1650 Montgomery Street, San Francisco, CA Comprehensive Environmental Arch Street, Philadelphia, PA 19103; 94105–3901, (415) 972–3870. Response, Compensation, and Liability telephone number (215) 814–2489. SUPPLEMENTARY INFORMATION: The Act of 1980, as Amended by the Comments should reference the following further identifies the case and Superfund Amendments and ‘‘Coeburn Town Dump Site’’ and ‘‘EPA should be included in any written Reauthorization Act Docket No. 01–66–DC’’ and should be comments submitted: forwarded to Lydia Guy at the above Name of Case: In the Matter of Sofia’s AGENCY: Environmental Protection address. Mexican Food, Inc., 1100 East Holt Agency. FOR FURTHER INFORMATION CONTACT: Ami Avenue, Pomona, CA 91767. ACTION: Notice; request for public Y. Antoine (3RC43), Sr. Assistant Docket Number: CWA–9–2003–0004. comment. Regional Counsel, U.S. Environmental Date Filed: September 25, 2003. Protection Agency, 1650 Arch Street, Section 309(g) of the Act, 33 U.S.C. SUMMARY: In accordance with sections Philadelphia, PA 19103, Phone: (215) 1319(g), requires that interested persons 122(a)(1) and 122(h)(1) of the 814–2497. be given notice of the proposed penalty Comprehensive Environmental and a reasonable opportunity to Response, Compensation, and Liability Thomas Voltaggio, comment. Procedures by which the Act of 1980, as amended (CERCLA), 42 Acting Regional Administrator, Region III. public may submit written comments or U.S.C. 9604(a)(1) and 9622(h)(1), notice [FR Doc. 03–26324 Filed 10–16–03; 8:45 am] participate in the proceedings are is hereby given of a proposed BILLING CODE 6560–50–P described in the Consolidated Rules of administrative settlement agreement Practice Governing the Administrative concerning the Coeburn Town Dump Assessment of Civil Penalties, Issuance Site, Coeburn, Wise County, Virginia ENVIRONMENTAL PROTECTION of Compliance or Corrective Action (Proposed Settlement). The Proposed AGENCY Orders, and the Revocation, Settlement with the Town of Coeburn [FRL–7575–5] Termination or Suspension of Permits, (Settling Party) has been approved by 40 CFR part 22. The deadline for the Attorney General, or his designee, of Notice of Intent To Assess submission of written public comments the United States Department of Justice. Administrative Penalty and is thirty (30) days after issuance of this The Proposed Settlement was signed by Opportunity for Public Comment public notice. Comments should be the Regional Administrator of the U.S. made to Danielle Carr at the address Environmental Protection Agency AGENCY: Environmental Protection typed above. (EPA), Region III, on June 26, 2003, Agency. If Respondent requests a hearing pursuant to section 122(h) of CERCLA, ACTION: Notice; request for public within thirty (30) days of receiving the 42 U.S.C. 9622, and is subject to review comment. Administrative Complaint, those by the public pursuant to this notice. submitting written comments in The Proposed Settlement resolves SUMMARY: The U.S. Environmental response to this Notice will be advised EPA’s claim for past response costs Protection Agency (EPA), Region IX, is of the time and date of the hearing and under section 107 of CERCLA, 42 U.S.C. hereby giving notice that it has issued may appear to present evidence on the 9607, against the Settling Party and an Administrative Complaint to Sofia’s appropriateness of the proposed requires the Settling Party to implement Mexican Food, Inc. and notice of its penalty. The final administrative post removal site controls at the site in intent to assess Class I administrative penalty order will be issued at the close exchange for a limited covenant for past penalties in an amount not to exceed of the thirty-day comment period unless response costs. twenty-seven thousand five-hundred a public hearing is requested. For thirty (30) days following the date dollars ($27,500) under section 309(g) of of publication of this notice, EPA will the Clean Water Act, 33 U.S.C. part Dated: October 7, 2003. receive written comments relating to the 1319(g). This Complaint was issued to Alexis Strauss, Proposed Settlement. EPA will consider Sofia’s Mexican Foods, Inc. for failure to Director, Water Division, Region IX. all comments received and may comply with the self-monitoring [FR Doc. 03–26322 Filed 10–16–03; 8:45 am] withdraw or withhold consent to the reporting requirements required under BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: EPA requested the public to provide AGENCY Ellen Caldwell at (214) 665–7513. EPA with any significant data or information that may impact the 5 [FRL–7575–6] SUPPLEMENTARY INFORMATION: In 1999, five Arkansas environmental groups, the TMDLs at 68 FR 45819 (August 4, 2003). Clean Water Act Section 303(d): Final Sierra Club, Federation of Fly Fishers, The comments received and EPA’s Agency Action on 5 Total Maximum Crooked Creek Coalition, Arkansas Fly response to comments may be found at Daily Loads (TMDLs) Fishers, and Save our Streams http://www.epa.gov/earth1r6/6wq/ artmdl.htm. AGENCY: Environmental Protection (plaintiffs), filed a lawsuit in Federal Agency (EPA). Court against the United States Dated: October 8, 2003. ACTION: Notice of availability. Environmental Protection Agency Jane B. Watson, (EPA), styled Sierra Club, et al. v. Acting Director, Water Quality Protection SUMMARY: This notice announces final Browner et al., No. LR–C–99–114. Division, Region 6. agency action on 5 TMDLs prepared by Among other claims, plaintiffs alleged [FR Doc. 03–26323 Filed 10–16–03; 8:45 am] EPA Region 6 for waters listed in the that EPA failed to establish Arkansas state of Arkansas, under section 303(d) TMDLs in a timely manner. BILLING CODE 6560–50–P of the Clean Water Act (CWA). These TMDLs were completed in response to EPA Takes Final Agency Action on 5 the lawsuit styled Sierra Club, et al. v. TMDLs Clifford, et al., No. LR–C–99–114. FEDERAL COMMUNICATIONS By this notice EPA is taking final Documents from the administrative COMMISSION agency action on the following 5 TMDLs record files for the final 5 TMDLs, for waters located within the state of including TMDL calculations and Sunshine Act Meeting; Open Arkansas: responses to comments, may be viewed Commission Meeting; Thursday, at http://www.epa.gov/earth1r6/6wq/ October 16, 2003 Waterbody artmdl.htm. Segment-Reach Pollutant name The Federal Communications ADDRESSES: The administrative record Commission will hold an Open Meeting files for these 5 TMDLs may be obtained 08040201–706– Flat Creek ... Chloride. on the subjects listed below on by writing or calling Ms. Ellen Caldwell, 16. Thursday, October 16, 2003, which is Environmental Protection Specialist, 08040201–706– Flat Creek ... Sulfate. 16. Water Quality Protection Division, U.S. scheduled to commence at 9:30 a.m. in 08040201–706– Flat Creek ... TDS. Environmental Protection Agency Room TW–C305, at 445 12th Street, SW, 16. Washington, DC. Region 6, 1445 Ross Ave., Dallas, TX 08040201–806–8 Salt Creek... Chloride. 75202–2733. Please contact Ms. 08040201–806–8 Salt Creek... TDS. Caldwell to schedule an inspection.
Item No. Bureau Subject
1 ...... Wireless Tele-Communications ...... Title: Allocations and Service Rules for the 71–76 GHz, 81–86 GHz and 92–95 GHz Bands (WT Docket No. 02–146); and Loea Communications Corporation Petition for Rulemaking (RM–10288). Summary: The Commission will consider a Report and Order concerning the allocation, band plan and service rules in the 71–76 GHz, 81–86 GHz and 92–95 GHz bands. 2 ...... Wireline Competition ...... Title: Federal-State Joint Board on Universal Service (CC Docket No. 96–45). Summary: The Commission will consider an Order on Remand, Further Notice of Proposed Rulemaking, and Memorandum Opinion and Order concerning the universal service support mechanism for non-rural carriers. The item responds to the decision of the United States Court of Appeals for the Tenth Circuit remanding the Ninth Report and Order and the rec- ommendations of the Federal-State Joint Board on Universal Service. 3 ...... Wireless Tele-Communications and International ...... Title: Auction of Direct Broadcast Satellite Licenses (AUC–03– 52). Summary: The Commission will consider an Order to resolve issues raised in the Auction No. 52 Comment Public Notice related to the Commission’s authority to auction Direct Broadcast Satellite (‘‘DBS’’) licenses and eligibility for the U.S. DBS licenses currently available. 4 ...... Media ...... Title: DTV Build-out; Requests for Extension of the Digital Tele- vision Construction Deadline; and Commercial Television Stations with May 1, 2002, Deadline. Summary: The Commission will consider an Order concerning applications submitted by commercial television stations seeking extensions of the May 1, 2002, deadline for con- struction of their digital television facilities.
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Item No. Bureau Subject
5 ...... Wireless Tele-Communications ...... Title: Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands (WT Docket No. 02–353). Summary: The Commission will consider a Report and Order concerning licensing, technical and competitive bidding rules for spectrum at 1710–1755 MHz and 2110–2155 MHz allo- cated for advanced wireless services (AWS).
Additional information concerning Stephenson Deans (‘‘Ms. Deans’’), and unfair device or means of unlawfully this meeting may be obtained from Deans International Shipping Co., Ltd. entering into service contracts; (3) Audrey Spivack or David Fiske, Office (‘‘Deans International’’). Deans whether the application of Deans of Media Relations, (202) 418–0500; Overseas, incorporated in New York, is International Shipping Co., Ltd., for an TTY 1–888–835–5322. doing business as a household goods OTI license to operate as a freight Audio/Video coverage of the meeting mover in the United States export forwarder should be granted or denied; will be broadcast live over the Internet trades, primarily to Caribbean (4) whether, in the event violations of from the FCC’s Audio/Video Events destinations. Ms. Deans is the chief sections 8(a), 10(a)(1) and 19 of the 1984 Web page at http://www.fcc.gov/ executive officer and owns 100% of Act or the Commission’s regulations at realaudio. Deans Overseas’ capital stock. Deans 46 CFR parts 515 and 520 are found, For a fee this meeting can be viewed Overseas operated as a non-vessel- civil penalties should be assessed and, live over George Mason University’s operating common carrier (‘‘NVOCC’’) if so, the amount; and (5) whether, in Capitol Connection. The Capitol prior to revocation of its tariff effective the event violations are found, an Connection also will carry the meeting September 1996, when its bond was not appropriate cease and desist order live via the Internet. To purchase these renewed. Deans International was should be issued. services call (703) 993–3100 or go to incorporated in New York on June 28, The full text of the Order may be http://www.capitolconnection.gmu.edu. 2002. Ms. Deans serves as chief viewed on the Commission’s Home Page Audio and video tapes of this meeting executive officer of Deans International at http//www.fmc.gov or at the Office of can be purchased from CACI and owns 100% of the company’s stock. the Secretary, Room 1046, 800 N. Productions, 341 Victory Drive, Ms. Deans has filed an application with Capitol Street, NW., Washington, DC. Herndon, VA 20170, (03) 834–1470, Ext. the Commission seeking a freight Any person may file a petition for leave 19; Fax (703) 834–0111. forwarder license on behalf of Deans to intervene in accordance with 46 CFR Copies of materials adopted at this International. 502.72. It appears that, from at least October meeting can be purchased from the Dated: October 10, 2003. FCC’s duplicating contractor, Qualex 2000 to the present, Deans Overseas and Bryant L. VanBrakle, International (202) 863–2893; Fax (202) its principal, Ms. Deans, provided 863–2898; TTY (202) 863–2897. These NVOCC services from the United States Secretary. copies are available in paper format and to destinations in the Caribbean without [FR Doc. 03–26236 Filed 10–16–03; 8:45 am] alternative media, including large print/ first obtaining an ocean transportation BILLING CODE 6730–01–P type; digital disk; and audio tape. intermediary (‘‘OTI’’) license, a bond or Qualex International may be reached by other surety, and publishing a tariff FEDERAL MARITIME COMMISSION e-mail at [email protected]. open for public inspection. It also appears that Deans Overseas, through Federal Communications Commission. Ms. Deans, misrepresented itself as the Ocean Transportation Intermediary Marlene H. Dortch, actual cargo owner in order to enter into License Revocations Secretary. service contracts with ocean common The Federal Maritime Commission [FR Doc. 03–26418 Filed 10–15–03; 2:18 pm] carriers and to receive transportation for hereby gives notice that the following BILLING CODE 6712–01–P property at rates more favorable than Ocean Transportation Intermediary those published in the carriers’ tariffs. licenses have been revoked pursuant to This proceeding therefore seeks to section 19 of the Shipping Act of 1984 FEDERAL MARITIME COMMISSION determine: (1) Whether Deans Overseas (46 U.S.C. app. 1718) and the Shippers, Inc., and or Sharon [Docket No. 03–11] regulations of the Commission Stephenson Deans violated sections 8(a) pertaining to the licensing of Ocean Deans Overseas Shippers, Inc., and and 19 of the Shipping Act of 1984 Transportation Intermediaries, effective Sharon Stephenson Deans—Possible (‘‘1984 Act’’) and the Commission’s on the corresponding date shown below: Violations of Sections 8(a), 10(a)(1) and regulations at 46 CFR parts 515 and 520 License Number: 14941N. 19 of the Shipping Act of 1984, as by knowingly and willfully performing Name: Air Freight Consolidators Amended, and the Commission’s NVOCC services without having International, Inc. dba ACI Line. Regulations at 46 CFR Parts 515 and obtained an OTI license from the Address: 1251 E. Dyer Road, Suite 520; Deans International Shipping Co., Commission, without having filed a 200, Santa Ana, CA 92705. Ltd.—Application for License as an bond or other financial responsibility, Date Revoked: August 14, 2003. Ocean Transportation Intermediary; and without having published a tariff; Reason: Surrendered license Order of Investigation and Hearing (2) whether Deans Overseas Shippers, voluntarily. Inc., and/or Sharon Stephenson Deans License Number: 3235F. Notice is given that on October 8, violated section 10(a)(1) of the 1984 Act Name: All Points Freight Forwarding 2003, the Federal Maritime Commission by knowingly and willfully obtaining Inc. served an Order of Investigation and transportation for property at less than Address: 28 Taylor’s Bills Road, Hearing on Deans Overseas Shippers, the rates or charges that otherwise Manalapan, NJ 07726. Inc. (‘‘Deans Overseas’’), Sharon would be applicable by the unjust or Date Revoked: September 20, 2003.
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Reason: Failed to maintain a valid Date Revoked: September 25, 2003. Address: 15343 NW. 33rd Place, bond. Reason: Failed to maintain valid Opalocka, FL 33054. License Number: 17893F. bonds. Date Revoked: September 21, 2003. Name: All World Logistics, Inc. dba License Number: 16414N and 16414F. Reason: Failed to maintain a valid Internet Shipping Line. Name: Global Logistics Services, Inc. bond. Address: 969 Newark Turnpike, dba Global Sea. License Number: 4135F. Kearny, NJ 07032. Address: 5350 South Kirkwood Ave., Name: Transworld Export Services, Date Revoked: September 18, 2003. Cudahy, WI 53110. Inc. Reason: Failed to maintain a valid Date Revoked: August 16, 2003 and Address: 910 Bergen Aven., Suite bond. August 22, 2003. 204–B, Jersey City, NJ 07306. License Number: 18051N. Reason: Failed to maintain valid bonds. Date Revoked: September 20, 2003. Name: Dominicana Air & Ocean Reason: Failed to maintain a valid Freight Corp. License Number: 17537NF. bond. Address: 1332 NW. 36th Street, Name: Green Freight LLC dba Miami, FL 33142. Greenfreight. Sandra L. Kusumoto, Date Revoked: September 25, 2003. Address: 1107 First Ave., Suite 1101, Director, Bureau of Consumer Complaints Reason: Failed to maintain a valid Seattle, WA 98101. and Licensing. bond. Date Revoked: August 30, 2003. [FR Doc. 03–26238 Filed 10–16–03; 8:45 am] License Number: 17255NF. Reason: Failed to maintain valid BILLING CODE 6730–01–P Name: Fagioli PSC USA, Inc. bonds. Address: 3050 Post Oak Blvd., Suite License Number: 15742F. 205, Houston, TX 77056–6570. Name: JB Han Company, Inc. dba FEDERAL MARITIME COMMISSION Date Revoked: August 20, 2003. Joinus Freight System. Reason: Failed to maintain valid Address: 550 E. Carson Plaza Drive, Ocean Transportation Intermediary bonds. Suite 217, Carson, CA 90746. License Reissuances License Number: 15628N. Date Revoked: September 5, 2003. Notice is hereby given that the Name: Freight Brokers International, Reason: Failed to maintain a valid following Ocean Transportation Inc. bond. Intermediary licenses have been Address: 207 Meadow Road, Edison, License Number: 17412N. reissued by the Federal Maritime NJ 08817. Name: PDS Express, Inc. Commission pursuant to section 19 of Date Revoked: September 23, 2003. Address: 473 Broadway, Suite 215, the Shipping Act of 1984, as amended Reason: Surrendered license Bayonne, NJ 07002. by the Ocean Shipping Reform Act of voluntarily. Date Revoked: September 28, 2003. 1998 (46 U.S.C. app. 1718) and the License Number: 16950NF. Reason: Failed to maintain a valid regulations of the Commission Name: Global Cargo Corporation. bond. pertaining to the licensing of Ocean Address: 8470 NW. 30th Terrace, License Number: 14874N. Transportation Intermediaries, 46 CFR Miami, FL 33122. Name: PRO Freight Ocean Cargo, Inc. part 515.
License No. Name/Address Date Reissued
1530F ...... Colombo Services, Inc., 4000–A Airline Drive, Houston, TX 77022 ...... May 7, 2003. 17507N ...... ECO Freight International Corporation, 5422 W. Rosecrans Avenue, Hawthorne, CA 90250 ...... August 21, 2003.
Sandra L. Kusumoto, Persons knowing of any reason why Non-Vessel Operating Common Carrier Director, Bureau of Consumer Complaints the following applicants should not and Ocean Freight Forwarder and Licensing. receive a license are requested to Transportation Intermediary [FR Doc. 03–26239 Filed 10–16–03; 8:45 am] contact the Office of Transportation Applicants BILLING CODE 6730–01–P Intermediaries, Federal Maritime Commission, Washington, DC 20573. Skycel, Inc. dba Econcargo, 8211 NW. 68 Street, Miami, FL 33166, Officer: Non-Vessel Operating Common Carrier Veronica Caraballo, Vice President FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary (Qualifying Individual), Syed Abdul Applicants Ocean Transportation Intermediary Cader, Member. Global Alliance Logistics (MIA) Inc., License Applicants Freight Cargo Logistics, LLC, 38 Genesee 10461 NW. 36 Street, Miami, FL Drive, Commack, NY 11725, Officer: Notice is hereby given that the 33178, Officers: Tahiry Tijerino, President (Qualifying Individual), Steven Soricillo, President following applicants have filed with the (Qualifying Individual). Federal Maritime Commission an Joseph Ng, Chief Finance Officer. application for license as a Non-Vessel Marine Research & Planning, Inc., 260 Global Parcel System LLC, 8248 NW. 30 Operating Common Carrier and Ocean California Street, San Francisco, CA Terrace, Miami, FL 33122, Officer: 94111–4323, Officer: Torben F. Henry, Freight Forwarder—Ocean Alejandro J. Alvarez, President Director (Qualifying Individual). Transportation Intermediary pursuant to (Qualifying Individual), David Global Freight Systems, Inc., 5523 NW. Phillips, President. section 19 of the Shipping Act of 1984 72nd Avenue, Miami, FL 33166, as amended (46 U.S.C. app. 1718 and 46 Officer: Mario Gutierrez, Jr., President CFR part 515). (Qualifying Individual).
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Ocean Freight Forwarder—Ocean A. Federal Reserve Bank of Chicago DEPARTMENT OF HEALTH AND Transportation Intermediary (Phillip Jackson, Applications Officer) HUMAN SERVICES Applicants 230 South LaSalle Street, Chicago, Centers for Disease Control and Access Freight Forwarders, LLC, 184 Illinois 60690-1414: Prevention East Bay Street, Suite 202, Charleston, 1. Northern States Financial SC 29401, Officers: David Holst, Jr., Corporation, Waukegan, Illinois; to merge with Round Lake Bankcorp, Inc., National Center for Health Statistics; President (Qualifying Individual), Meeting John H. Chapman, Treasurer. Round Lake, Illinois, and thereby indirectly acquire First State Bank of Gruen International, Inc., 6310 N. Port National Center for Health Statistics Round Lake, Round Lake Beach, Washington Road, Milwaukee, WI (NCHS), Classifications and Public Illinois. 53217, Officers: Michael J. Karman, Health Data Standards Staff, announces Asst. Vice President (Qualifying Board of Governors of the Federal Reserve the following meeting. System, October 10, 2003. Individual), Steven Gruen, President. Name: ICD–9–CM Coordination and Dated: October 10, 2003. Robert deV. Frierson, Maintenance Committee meeting. Bryant L. VanBrakle, Deputy Secretary of the Board. Time and Date: 9 a.m.–4 p.m., December Secretary. [FR Doc. 03–26233 Filed 10–16–03; 8:45 am] 4–5, 2003. BILLING CODE 6210–01–S Place: Centers for Medicare and Medicaid [FR Doc. 03–26237 Filed 10–16–03; 8:45 am] Services (CMS) Auditorium, 7500 Security BILLING CODE 6730–01–P Boulevard, Baltimore, Maryland. FEDERAL RESERVE SYSTEM Status: Open to the public. Purpose: The ICD–9–CM Coordination and Sunshine Act Meeting Maintenance (C&M) Committee will hold its FEDERAL RESERVE SYSTEM final meeting of the 2003 calendar year cycle AGENCY HOLDING THE MEETING: Board of on Thursday and Friday December 4–5, 2003. Formations of, Acquisitions by, and The C&M meeting is a public forum for the Governors of the Federal Reserve Mergers of Bank Holding Companies presentation of proposed modifications to the System. International Classification of Diseases, The companies listed in this notice TIME AND DATE: 11:15 a.m., Wednesday, Ninth-Revision, Clinical Modification. have applied to the Board for approval, October 15, 2003. The business of the Matters To Be Discussed: Agenda items pursuant to the Bank Holding Company Board requires that this meeting be held include: Act of 1956 (12 U.S.C. 1841 et seq.) with less than one week’s advance ICD–10–CM update (BHC Act), Regulation Y (12 CFR Part notice to the public, and no earlier West Nile virus with and without 225), and all other applicable statutes announcement of the meeting was encephalitis and regulations to become a bank practicable. Alpha-1 antitrypsin deficiency and other holding company and/or to acquire the metabolic conditions PLACE: Marriner S. Eccles Federal Long-term (current) use of aspirin assets or the ownership of, control of, or Reserve Board Building, 20th and C Multiple sclerosis the power to vote shares of a bank or Streets, NW., Washington, DC 20551. Sleep disorders bank holding company and all of the STATUS: Closed. Genital prolapse banks and nonbanking companies Bethesda system owned by the bank holding company, MATTERS TO BE CONSIDERED: Chondritis of ear including the companies listed below. 1. Personnel actions (appointments, Worn out joint prosthesis The applications listed below, as well promotions, assignments, Awaiting heart transplant status as other related filings required by the reassignments, and salary actions) Dental expansions Board, are available for immediate involving individual Federal Reserve Decubitus ulcers Automatic implantable cardioverter/ inspection at the Federal Reserve Bank System employees. 2. Any items carried forward from a defibrillator (AICD) check indicated. The application also will be Spinal procedures—nucleus replacement available for inspection at the offices of previously announced meeting. device the Board of Governors. Interested FOR FURTHER INFORMATION CONTACT: Laparoscopic/Thorascopic approaches persons may express their views in Michelle A. Smith, Director, Office of Insertion/replacement of neurostimulator writing on the standards enumerated in Board Members; 202–452–2955. components Axial flow left ventricular assist device the BHC Act (12 U.S.C. 1842(c)). If the SUPPLEMENTARY INFORMATION: You may Prevention of vein graft failure proposal also involves the acquisition of call 202–452–3206 beginning at a nonbanking company, the review also Intravascular ultrasound (IVUS) approximately 5 p.m. two business days ICD–10—Procedure classification system includes whether the acquisition of the before the meeting for a recorded (ICD–10–PCS) update nonbanking company complies with the announcement of bank and bank Addenda standards in section 4 of the BHC Act holding company applications For Further Information Contact: Amy (12 U.S.C. 1843). Unless otherwise scheduled for the meeting; or you may Blum, Medical Classification Specialist, noted, nonbanking activities will be contact the Board’s Web site at http:// Classifications and Public Health Data conducted throughout the United States. www.federalreserve.gov for an electronic Standards Staff, NCHS, 3311 Toledo Road, Additional information on all bank announcement that not only lists rm. 2402, Hyattsville, Maryland 20782, holding companies may be obtained applications, but also indicates telephone 301/458–4106 (diagnosis), Amy from the National Information Center Gruber, Health Insurance Specialist, Division procedural and other information about of Acute Care, CMS, 7500 Security Blvd., website at www.ffiec.gov/nic/. the meeting. Unless otherwise noted, comments Room C4–07–07, Baltimore, Maryland 21244 telephone (410) 786–1542 (procedures). regarding each of these applications Dated: October 14, 2003. Robert deV. Frierson, Notice: In the interest of security, (CMS) must be received at the Reserve Bank has instituted stringent procedures for Deputy Secretary of the Board. indicated or the offices of the Board of entrance into the building by non- Governors not later than November 10, [FR Doc. 03–26355 Filed 10–15–03; 8:49 am] government employees. Persons without a 2003. BILLING CODE 6210–01–P government I.D. will need to show a photo
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I.D. and sign-in at the security desk upon Subcommittees of the Committee will Administration, 5630 Fishers Lane, rm. entering the building. have breakout working sessions from 1061, Rockville, MD 20852. All Because of increased security 1:30 p.m. to 4 p.m. for the purpose of comments should be identified with the requirements, those who wish to attend a preliminary discussions on issues of the docket number found in brackets in the specific ICD–9–CM C&M meeting in the CMS auditorium must submit their name and PCPID. This notice is filed less than 15 heading of this document. organization for addition to the meeting calendar days prior to the meeting date FOR FURTHER INFORMATION CONTACT: visitor list. Those wishing to attend the due to scheduling conflicts. Peggy Robbins, Office of Management December 4–5, 2003 meeting must submit FOR FURTHER INFORMATION CONTACT: Programs (HFA–250), Food and Drug their name and organization by November 28, Sally Atwater, Executive Director, Administration, 5600 Fishers Lane, 2003 for inclusion on the visitor list. President’s Committee for People with Rockville, MD 20857, 301–827–1223. This visitor list will be maintained at the Intellectual Disabilities. Aerospace front desk of the CMS building and used by SUPPLEMENTARY INFORMATION: Under the the guards to admit visitors to the meeting. Center Building, Suite 701, 370 L’Enfant PRA (44 U.S.C. 3501–3520), Federal Those who attended previous ICD–9–CM Promenade, SW., Washington, DC agencies must obtain approval from the C&M meetings will no longer be 20447, Telephone (202) 619–0634, Fax Office of Management and Budget automatically added to the visitor list. You (202) 205–9519, E-mail: (OMB) for each collection of must request inclusion of your name prior to [email protected]. information they conduct or sponsor. each meeting you attend. ‘‘Collection of information’’ is defined Send your name and organization to one of Dated: October 9, 2003. the following by November 28, 2003 in order Sally Atwater, in 44 U.S.C. 3502(3) and 5 CFR to attend the December 4–5, 2003 meeting: Executive Director, President’s Committee for 1320.3(c) and includes agency requests Pat Brooks [email protected] (410) 786– People with Intellectual Disabilities. or requirements that members of the 5318. Ann Fagan [email protected] (410) [FR Doc. 03–26277 Filed 10–16–03; 8:45 am] public submit reports, keep records, or 786–5662. Amy Gruber [email protected] BILLING CODE 4184–01–M provide information to a third party. (410) 786–1542. Section 3506(c)(2)(A) of the PRA (44 Notice: This is a public meeting. However, U.S.C. 3506(c)(2)(A)) requires Federal because of fire code requirements, should the agencies to provide a 60-day notice in number of attendants meet the capacity of the DEPARTMENT OF HEALTH AND room, the meeting will be closed. HUMAN SERVICES the Federal Register concerning each The Director, Management Analysis and proposed collection of information, Services Office, has been delegated the Food and Drug Administration including each proposed extension of an authority to sign Federal Register notices [Docket No. 2003N–0463] existing collection of information, pertaining to announcements of meetings and before submitting the collection to OMB other committee management activities, for Agency Information Collection for approval. To comply with this both CDC and the Agency for Toxic requirement, FDA is publishing notice Substances and Disease Registry. Activities; Proposed Collection; Comment Request; Infant Formula of the proposed collection of Dated: October 10, 2003. Requirements information set forth in this document. Diane Allen, With respect to the following Acting Director, Management Analysis and AGENCY: Food and Drug Administration, collection of information, FDA invites Services Office, Centers for Disease Control HHS. comments on these topics: (1) Whether and Prevention. ACTION: Notice. the proposed collection of information [FR Doc. 03–26272 Filed 10–16–03; 8:45 am] is necessary for the proper performance SUMMARY: The Food and Drug BILLING CODE 4160–18–P of FDA’s functions, including whether Administration (FDA) is announcing an the information will have practical opportunity for public comment on the utility; (2) the accuracy of FDA’s DEPARTMENT OF HEALTH AND proposed collection of certain estimate of the burden of the proposed HUMAN SERVICES information by the agency. Under the collection of information, including the Paperwork Reduction Act of 1995 (the validity of the methodology and Administration for Children and PRA), Federal agencies are required to assumptions used; (3) ways to enhance Families publish notice in the Federal Register the quality, utility, and clarity of the concerning each proposed collection of information to be collected; and (4) President’s Committee for People With information including each proposed ways to minimize the burden of the Intellectual Disabilities (PCPID); Notice extension of an existing collection of collection of information on of Meeting information, and to allow 60 days for respondents, including through the use public comment in response to the AGENCY: President’s Committee for of automated collection techniques, notice. This notice solicits comments on People with Intellectual Disabilities when appropriate, and other forms of information collection regarding the (PCPID); Department of Health and information technology. manufacture of infant formula, Human Services. including infant formula labeling, Infant Formula Requirements—21 CFR ACTION: Corrected notice of meeting. quality control procedures, notification Parts 106 and 107 (OMB Control SUMMARY: This document clarifies and requirements, and recordkeeping. Number 0910–0256)—Extension corrects the notice that was published in DATES: Submit written or electronic Statutory requirements for infant the Federal Register on October 9, 2003 comments on the collection of formula under the Federal Food, Drug, (68 FR 58352). It corrects a statement information by December 16, 2003. and Cosmetic Act (the act) are intended that a portion of the meeting would be ADDRESSES: Submit electronic to protect the health of infants and closed to the public. The full Committee comments on the collection of include a number of reporting and meeting of the President’s Committee information to http://www.fda.gov/ recordkeeping requirements. Among for People with Intellectual Disabilities dockets/ecomments. Submit written other things, section 412 of the act (21 will be open to the public pursuant to comments on the collection of U.S.C. 350a) requires manufacturers of section 10(a)(1) of the Federal Advisory information to the Division of Dockets infant formula to establish and adhere to Committee Act (5 U.S.C. App. 2). Management (HFA–305), Food and Drug quality control procedures, notify FDA
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when a batch of infant formula that has infant formula must include nutrient document. The document included left the manufacturers’ control may be information and directions for use. The revised burden estimates for the adulterated or misbranded, and keep purpose of these labeling requirements proposed changes and solicited public records of distribution. FDA has issued is to ensure that consumers have the comment. In the interim, however, FDA regulations to implement the act’s information they need to prepare and is seeking an extension of OMB requirements for infant formula in 21 use infant formula appropriately. In a approval for the current regulations so CFR part 106 and part 107 (21 CFR part notice of proposed rulemaking that it can continue to collect 107). FDA also regulates the labeling of published in the Federal Register of information while the proposal is infant formula under the authority of July 9, 1996 (61 FR 36154), FDA pending. section 403 of the act (21 U.S.C. 343). proposed changes in the infant formula Under the labeling regulations for infant regulations, including some of those FDA estimates the burden of this formula in part 107, the label of an listed in tables 1 and 2 of this collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Federal Food, Drug, and No. of Annual Frequency Total Annual Hours per Cosmetic Act or 21 CFR Section Respondents per Response Responses2 Response Total Hours
Section 412(d) of the act 4 13 52 10 520
106.120(b) 4 0.25 1 4 4
107.10(a) and 107.20 4 13 52 8 416
107.50(b)(3) and (b)(4) 3 2 6 4 24
107.50(e)(2) 3 0.33 1 4 4
Total 968 1There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Manufacturers may submit infant formula notifications in electronic format.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers of Recordkeeping Records Recordkeeper Total Hours
106.100 4 10 40 4,000 160,000
107.50(c)(3) 3 10 30 3,000 90,000
Total 250,000 1There are no capital costs or operating and maintenance costs associated with this collection of information.
In compiling these estimates, FDA DEPARTMENT OF HEALTH AND 265), Food and Drug Administration, consulted its records of the number of HUMAN SERVICES 5100 Paint Branch Pkwy., College Park, infant formula submissions received in MD 20740–3835, 202–418–3601. Food and Drug Administration the past. The figures for hours per SUPPLEMENTARY INFORMATION: Under the response are based on estimates from Federal Food, Drug, and Cosmetic Act [Docket No. 2003F–0471] experienced persons in the agency and (sec. 409 (b)(5) (21 U.S.C. 348(b)(5))) in industry. T&R Chemicals, Inc.; Filing of Food notice is given that a food additive Dated: October 9, 2003. Additive Petition petition (FAP 3A4749) has been filed by T&R Chemicals, Inc., c/o The Environ Jeffrey Shuren, AGENCY: Food and Drug Administration, Health Sciences Institute, 4350 N. Assistant Commissioner for Policy. HHS. Fairfax Dr., suite 300, Arlington, VA [FR Doc. 03–26284 Filed 10–16–03; 8:45 am] ACTION: Notice. 22203. The petition proposes to amend BILLING CODE 4160–01–S the food additive regulations in Part 172 SUMMARY: The Food and Drug Food Additives Permitted for Direct Administration (FDA) is announcing Addition to Food for Human that T&R Chemicals, Inc., has filed a Consumption (21 CFR part 172) to petition proposing that the food additive provide for the safe use of glycerol ester regulations be amended to provide for of gum rosin to adjust the density of the safe use of glycerol ester of gum citrus oils used in the preparation of rosin to adjust the density of citrus oils beverages. The agency has determined used in the preparation of beverages. under 21 CFR 25.32(k) that this action FOR FURTHER INFORMATION CONTACT: is of a type that does not individually Clarence W. Murray, III, Center for Food or cumulatively have a significant effect Safety and Applied Nutrition (HFS– on the human environment. Therefore,
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neither an environmental assessment 1. As part of FDA’s food safety and (OASPE) and FDA’s Center for Food nor an environmental impact statement security program, development of Safety and Applied Nutrition (CFSAN), is required. effective mitigation strategies requires a is announcing a public workshop Dated: September 25, 2003. better understanding of food processing entitled ‘‘Exploring the Connections Between Weight Management and Food Laura M. Tarantino, techniques that could be used to reduce the likelihood that contaminants persist Labels and Packaging.’’ The workshop is Deputy Director, Office of Food Additive being held in response to the growing Safety, Center for Food Safety and Applied in food following processing. This type Nutrition. of research requires expertise in food concern about obesity in the United States. It is intended to be a science [FR Doc. 03–26267 Filed 10–16–03; 8:45 am] processing and packaging in addition to the availability of facilities and workshop (i.e., nutrition, consumer BILLING CODE 4160–01–S equipment appropriate to this type of science, economics, marketing and other research. The IIT/NCSFT has these relevant sciences) that will look at DEPARTMENT OF HEALTH AND resources. Additionally, IIT/NCSFT has available data to identify options (and HUMAN SERVICES available through this collaborative pros and cons) about FDA’s food research program, the scientific and labeling and food packaging Food and Drug Administration practical experience in a wide variety of requirements that are relevant to food commodities and processing consumer weight management Cooperative Agreement to Support the techniques that will feed into the decisions. National Center for Food Safety and development of mitigation strategies. DATES: The public workshop will be Technology; Notice of Intent to This research will build on the ongoing held on November 20, 2003, from 8:30 Supplement food safety research program. a.m. to 6 p.m. 2. Last fiscal year FDA provided funds Location: The public workshop will AGENCY: Food and Drug Administration, to IIT to expand the existing BSL–3 pilot be held at the Lister Hill Conference HHS. plant facility to include BSL–3 Center, National Institutes of Health ACTION: Notice. laboratories. This is the only BSL–3 Bldg. 38A, 8600 Rockville Pike, food processing pilot plant to which Bethesda, MD 20814. SUMMARY: The Food and Drug FDA has ready access. Expansion of the FOR FURTHER INFORMATION CONTACT: Administration (FDA), Center for Food BSL–3 pilot plant facility will provide Safety and Applied Nutrition (CFSAN), Amber Jessup, Center for Food Safety critical support to the overall research and Applied Nutrition (HFS–726), Food announces its intent to award on an and will provide the flexibility to have urgent basis, a single-source, program and Drug Administration, 5100 Paint more than one ongoing research project Branch Pkwy., College Park, MD 20740, expansion supplement to the current at a time. The additional funds will cooperative agreement with the Illinois 301–436–1689, [email protected]. assure full operation of the facility and Registration: There is no registration Institute of Technology (IIT) for $1.1 implementation of security measures fee for the workshop; however, seating million in fiscal year (FY) 2004. This consistent with Federal, State, and local is limited. Therefore, interested parties cooperative agreement provides support requirements. Supplemental funds will are encouraged to register early. You for the National Center for Food Safety allow the work on the BSL–3 pilot plant may register online by clicking on and Technology (NCFST), which is to be completed as quickly as possible. https://secure.z-techcorp.com/cmt/ located on IIT’s Moffett Campus in (FDA has verified the Web site address Summit-Argo, IL. The additional II. Funding but is not responsible for subsequent funding will enable IIT to undertake two It is anticipated that $1.1 million will changes to the Web site after this new food contaminant mitigation be made available to fund this urgent, document publishes in the Federal projects and to continue the build-out of single-source, program expansion Register). All those planning to the biosafety level 3 (BSL–3) laboratory supplement in FY 2004. preregister must register no later than that began last year. Dated: October 9, 2003. Friday, November 7, 2003. Registration FOR FURTHER INFORMATION CONTACT: Jeffrey Shuren, will close after the workshop is filled. Regarding the administrative and Assistant Commissioner for Policy. Onsite registration will be done on a financial management aspects of space-available basis on the day of the this notice: Maura Stephanos, [FR Doc. 03–26269 Filed 10–16–03; 8:45 am] BILLING CODE 4160–01–S public workshop beginning at 8 a.m. If Division of Contracts and Grants you have any questions, please contact Management (HFA–531), Food and Karen Ellis at 301–315–2806 or via e- Drug Administration, 5600 Fishers DEPARTMENT OF HEALTH AND mail at [email protected]. If you Lane, Rockville, MD 20857, 301– HUMAN SERVICES need special accommodations due to a 827–7183, e-mail: disability, please contact Ms. Ellis at [email protected]. Food and Drug Administration least 7 days in advance. Regarding the programmatic aspects: SUPPLEMENTARY INFORMATION: The Karen Carson, Center for Food Food Labels, Packaging, Restaurants, workshop is being held in response to Safety and Applied Nutrition (HFS– and Weight Management; Public the growing concern about obesity in 300), Food and Drug Workshop the United States. The workshop is co- Administration, 5100 Paint Branch AGENCY: Food and Drug Administration, sponsored by FDA, CFSAN and OASPE. Pkwy., College Park, MD 20740, The workshop will be of primary 301–436–1664, e-mail: HHS. ACTION: Notice of public workshop. interest to nutritionists, marketing [email protected]. experts, social marketing experts, SUPPLEMENTARY INFORMATION: SUMMARY: The Food and Drug industry, the legal community involved Administration (FDA), in collaboration in food labeling and marketing issues, I. Restricted Eligibility with the Department of Health and government agencies, consumer groups, Assistance will be provided to IIT for Human Service’s Office of the Assistant and clinicians with obesity expertise. the following reasons: Secretary for Planning and Evaluation The goal of this science workshop is to
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look at the available data and to identify Location: The meeting will be held at Pharmaceutical Manufacturers options (pro & con) for food labeling and 5600 Fishers Lane, 3d floor, Twinbrook Association, the Centers for Drug food packaging, which are relevant to Conference Room, Rockville, MD 20857. Evaluation and Research and Biologics consumers’ weight management Contact Person: Christelle Anquez, Evaluation and Research, FDA, and the decisions. Topics to be discussed at the Office of the Commissioner, Food and Pharmaceutical Research and workshop include: ‘‘Current food labels Drug Administration, 5600 Fishers Manufacturers of America. The ICH and packaging: Effects on weight Lane, Rockville, MD 20817, 301–827– Secretariat, which coordinates the management and reduced risk of 0037, FAX: 301–480–0716, e-mail: preparation of documentation, is overweight and obesity’’ and ‘‘Data [email protected]. provided by the International supporting options for change.’’ The Registration and Requests for Oral Federation of Pharmaceutical workshop will include sessions with Presentations: Send registration Manufacturers Associations (IFPMA). expert views on food packaging and information (including name, title, firm The ICH Steering Committee includes labeling, and on messaging in the name, address, telephone, and fax representatives from each of the ICH restaurant environment relevant to number), and written material and sponsors and Health Canada, the overall weight management. requests to make oral presentations, to European Free Trade Area and the Transcripts: Transcripts of the public the contact person by October 24, 2003. World Health Organization. The ICH workshop may be requested in writing If you need special accommodations process has achieved significant from the Freedom of Information Office due to a disability, please contact (HFI–35), Food and Drug harmonization of the technical Christelle Anquez at least 7 days in requirements for the approval of Administration, 5600 Fishers Lane, rm. advance. 12A–16, Rockville, MD 20857, pharmaceuticals for human use in the Transcripts: Transcripts of the three ICH regions. approximately 15 working days after the meeting may be requested in writing public workshop at a cost of 10 cents from the Freedom of Information Office The current ICH process and structure per page. (HFI–35), Food and Drug can be found at the following Web site: Dated: October 8, 2003. Administration, 5600 Fishers Lane, rm. http://www.ich.org (FDA has verified Jeffrey Shuren, 12A–16, Rockville, MD 20857, the Web site address, but is not Assistant Commissioner for Policy. approximately 15 working days after the responsible for subsequent changes to [FR Doc. 03–26268 Filed 10–16–03; 8:45 am] meeting at a cost of 10 cents per page. the Web site after this document publishes in the Federal Register). BILLING CODE 4160–01–S SUPPLEMENTARY INFORMATION: The International Conference on Interested persons may present data, Harmonisation of Technical information, or views orally or in DEPARTMENT OF HEALTH AND Requirements for the Registration of writing, on issues pending at the public HUMAN SERVICES Pharmaceuticals for Human Use was meeting. Oral presentations from the established in 1990 as a joint regulatory/ public will be scheduled between Food and Drug Administration industry project to improve, through approximately 3:15 p.m. and 4 p.m. [Docket No. 2003N–0470] harmonization, the efficiency of the Time allotted for oral presentations may process for developing and registering be limited to 10 minutes. Those desiring Preparation for the International new medicinal products in Europe, to make oral presentations should notify Conference on Harmonisation Japan, and the United States without the contact person by October 24, 2003, Meetings and ICH 6 Conference in compromising the regulatory obligations and submit a brief statement of the Osaka, Japan; Public Meeting of safety and effectiveness. general nature of the evidence or In recent years, many important AGENCY: Food and Drug Administration, arguments they which to present, the HHS. initiatives have been undertaken by names and addresses, phone number, regulatory authorities and industry ACTION: Notice of meeting. fax, and e-mail of proposed participants, associations to promote international and an indication of the approximate SUMMARY: The Food and Drug harmonization of regulatory time requested to make their Administration (FDA) is announcing a requirements. FDA has participated in presentation. many meetings designed to enhance public meeting entitled ‘‘Preparation for The agenda for the public meeting harmonization and is committed to ICH Meetings and ICH 6 Conference in will be made available on October 17, seeking scientifically based harmonized Osaka, Japan, November 9–15, 2003’’ to 2003, via the Internet at http:// provide information and receive technical procedures for pharmaceutical www.fda.gov/cder/calendar/meeting/ comments on the International development. One of the goals of ich2003/nov3meeting.htm. Conference on Harmonisation (ICH) as harmonization is to identify and then well as the upcoming meetings in reduce differences in technical Information on the ICH 6 Public Osaka, Japan. The topics to be discussed requirements for medical product Conference in Osaka, Japan on are the topics for discussion at the development among regulatory November 12–15, 2003, can be obtained forthcoming ICH Steering Committee agencies. ICH was organized to provide via the internet at http://www.ich.org/ Meeting. The purpose of the meeting is an opportunity for harmonization ich6tris.html (FDA has verified the Web to solicit public input prior to the next initiatives to be developed with input site address, but is not responsible for Steering Committee and Experts from both regulatory and industry any subsequent changes to the Web site Working Groups meetings and ICH 6 representatives. ICH is concerned with after this document publishes in the Public Conference in Osaka, Japan, harmonization among three regions: The Federal Register). November 2003, at which discussion of European Union, Japan, and the United Dated: October 9, 2003. the topics underway and the future of States. The six ICH sponsors are the Jeffrey Shuren, ICH will continue. European Commission, the European Date and Time: The meeting will be Federation of Pharmaceutical Industries Assistant Commissioner for Policy. held on November 3, 2003, from 1 p.m. Associations, the Japanese Ministry of [FR Doc. 03–26283 Filed 10–16–03; 8:45 am] to 4 p.m. Health, Labor and Welfare, the Japanese BILLING CODE 4160–01–S
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DEPARTMENT OF HEALTH AND rule (1997 final rule) requiring: (1) Label for iron-containing dietary supplement HUMAN SERVICES warning statements on iron-containing and drug products. products taken in solid oral dosage form FDA is revising this SECG as level 2 Food and Drug Administration to supplement the dietary intake of iron guidance consistent with FDA’s good [Docket No. 1997D–0443] or to provide iron for therapeutic guidance practices regulation (21 CFR purposes, and (2) unit-dose packaging 10.115(c)(2)). The SECG represents the Iron-Containing Supplements and for iron-containing dietary supplement agency’s current thinking on this Drugs: Label Warning Statement and drug products that contain 30 subject. It does not create or confer any Requirements; Small Entity milligrams (mg) or more of iron per rights for or on any person and does not Compliance Guide; Availability dosage unit. This final rule became operate to bind FDA or the public. An effective July 15, 1997. In the Federal alternative approach may be used if AGENCY: Food and Drug Administration, Register of December 12, 1997 (62 FR such approach satisfies the HHS. 65432), FDA announced the availability requirements of the applicable statutes ACTION: Notice. of a SECG entitled ‘‘Iron-Containing and regulations. If you want to discuss Supplements and Drugs; Label Warning an alternative approach, contact the SUMMARY: The Food and Drug Statements and Unit-Dose Packaging FDA staff responsible for implementing Administration (FDA) is announcing the Requirements; Small Entity Compliance this guidance (see FOR FURTHER availability of a small entity compliance Guide’’ (1997 SECG). The 1997 SECG INFORMATION CONTACT). guide (SECG) entitled ‘‘Iron-Containing was prepared in accordance with Supplements and Drugs: Label Warning II. Comments section 212 of the Small Business Statements; Small Entity Compliance Regulatory Enforcement Act (Public Interested persons may submit to the Guide’’ to revise and update an earlier Law 104–121) and was intended to help Division of Dockets Management (see SECG entitled ‘‘Iron-Containing small businesses understand the ADDRESSES) written or electronic Supplements and Drugs: Label Warning requirements of the 1997 final rule. comments regarding this document. Statements and Unit-Dose Packaging Submit a single copy of electronic Requirements; Small Entity Compliance Elsewhere in this issue of the Federal Register, FDA is withdrawing those comments to http://www.fda.gov/ Guide.’’ The revised SECG is being dockets/ecomments or two paper copies issued in response to the withdrawal, in parts of the 1997 final rule that established regulations in §§111.50 and of any mailed comments, except that part, of a final rule. The SECG is individuals may submit one paper copy. intended to set forth in plain language 310.518(a) and (b) (21 CFR 111.50 and 310.518(a) and (b)) requiring unit-dose Comments are to be identified with the the requirements for label warning docket number found in brackets in the statements for iron-containing dietary packaging for iron-containing dietary supplement and drug products that heading of this document. Received supplement and drug products in solid comments may be seen in the Division oral dosage form and to help small contain 30 mg or more of iron per dosage unit. FDA is taking this action in of Dockets Management between 9 a.m. businesses understand these and 4 p.m., Monday through Friday. requirements. response to the Court’s ruling in Nutritional Health Alliance v. FDA (318 III. Electronic Access DATES: Submit written or electronic F.3d 92 (2d Cir. 2003)), in which the comments on the SECG at any time. Persons with access to the Internet U.S. Court of Appeals for the Second may obtain the document at http:// ADDRESSES: Submit written comments Circuit invalidated the unit-dose www.cfsan.fda.gov/guidance.html. on the SECG to the Division of Dockets packaging regulations based upon its Management (HFA–305), Food and Drug conclusion that the Federal Food, Drug, Dated: October 7, 2003. Administration, 5630 Fishers Lane, rm. and Cosmetic Act does not provide FDA Jeffrey Shuren, 1061, Rockville, MD 20852. Submit with authority to regulate packaging of Assistant Commissioner for Policy. electronic comments on the SECG to iron-containing dietary supplement and [FR Doc. 03–26189 Filed 10–16–03; 8:45 am] http://www.fda.gov/dockets/ecomments. drug products for poison prevention BILLING CODE 4160–01–S Submit written requests for single purposes. The Court’s ruling affects only copies of the SECG to the Iron Labeling, the unit-dose packaging requirements of Industry Activities Staff (HFS–565), the 1997 final rule and not the label DEPARTMENT OF HEALTH AND Center for Food Safety and Applied warning statement requirements. On HUMAN SERVICES Nutrition, Food and Drug remand, the U.S. District Court for the Administration, 5100 Paint Branch Eastern District of New York entered Food and Drug Administration Pkwy., College Park, MD 20740. Send final judgment in accordance with the [Docket No. 2003D–0231] one self-addressed adhesive label to Court’s decision, declaring the assist that office in processing your provisions of §§ 111.50 and 310.518(a) Draft Guidance for Industry on request. See the SUPPLEMENTARY invalid and without legal force or effect Providing Regulatory Submissions in INFORMATION section for electronic (Nutritional Health Alliance v. FDA, No. Electronic Format—Postmarketing access to this guidance document. 97–CV–5042 (E.D.N.Y. filed May 29, Periodic Adverse Drug Experience FOR FURTHER INFORMATION CONTACT: 2003)). As a result, the 1997 SECG is Reports; Reopening of the Comment Robert J. Moore, Center for Food Safety being revised in accordance with the Period and Applied Nutrition (HFS–810), Food Court’s ruling and FDA’s withdrawal of AGENCY: Food and Drug Administration, and Drug Administration, 5100 Paint the unit-dose packaging regulations. HHS. Branch Pkwy., College Park, MD 20740, Therefore, FDA is making available ACTION: Notice; reopening of the 301–436–1441. the revised SECG entitled ‘‘Iron- comment period. SUPPLEMENTARY INFORMATION: Containing Supplements and Drugs: Label Warning Statements; Small Entity SUMMARY: The Food and Drug I. Background Compliance Guide,’’ which states in Administration (FDA) is reopening until In the Federal Register of January 15, plain language the requirements of the December 16, 2003, the comment period 1997 (62 FR 2218), FDA issued a final final rule on label warning statements for the draft guidance for industry
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entitled ‘‘Providing Submissions in marketed for human use with biologics The BCIS published a Federal Electronic Format—Postmarketing license applications (BLAs). The draft Register notice on May 9, 2003 at 68 FR Periodic Adverse Drug Experience guidance does not apply to vaccines, 25054, to solicit public comments for a Reports.’’ FDA published a notice of whole blood, or components of whole 60-day period regarding the extension of availability of the draft guidance in the blood. Interested persons were given Form I–130 (Petition for Alien Relative). Federal Register of June 24, 2003 (68 FR until August 25, 2003, to submit written The BCIS have received no public 37504). The agency is taking this action or electronic comments on the draft comment on this information collection. in response to a request for an extension guidance. In response to a comment The purpose of this notice is to allow of the comment period. requesting an extension of the comment an additional 30 days for public DATES: Submit written or electronic period, FDA has decided to reopen the comments. Comments are encouraged comments on the draft guidance by comment period on the draft guidance and will be accepted until November 17, December 16, 2003. General comments until December 16, 2003, to allow 2003. This process is conducted in on agency guidance documents are interested persons additional time to accordance with 5 CFR 1320.10. welcome at any time. submit comments. Written comments and/or suggestions regarding the items contained in this ADDRESSES: Submit written requests for II. Comments single copies of the draft guidance to the notice, especially regarding the Division of Drug Information (HFD– Interested persons may submit to the estimated public burden and associated 240), Center for Drug Evaluation and Division of Dockets Management (see response time, should be directed to the Research (CDER), Food and Drug ADDRESSES) written or electronic Office of Management and Budget, Administration, 5600 Fishers Lane, comments on the draft guidance on or Office of Information and Regulatory Rockville, MD 20857, or the Office of before December 16, 2003. Two copies Affairs, 725 17th Street, NW., Room Communication, Training and of any mailed comments are to be 10235, Washington, DC 20530; Manufacturers Assistance (HFM–40), submitted, except individuals may Attention: Department of Homeland Center for Biologics Evaluation and submit one copy. Comments are to be Security Desk Officer. Written comments and suggestions Research (CBER), Food and Drug identified with the docket number from the public and affected agencies Administration, 1401 Rockville Pike, found in the brackets in the heading of concerning the proposed collection of Rockville, MD 20852–1448. Send one this document. The draft guidance and information should address one or more self-addressed adhesive label to assist received comments are available for of the following four points: that office in processing your requests. public examination in the Division of (1) Evaluate whether the proposed Submit written comments on the draft Dockets Management between 9 a.m. collection of information is necessary guidance to the Division of Dockets and 4 p.m., Monday through Friday. for the proper performance of the Management (HFA–305), Food and Drug III. Electronic Access functions of the agency, including Administration, 5630 Fishers Lane, rm. whether the information will have 1061, Rockville, MD 20852. Submit Persons with access to the Internet may obtain the draft guidance at either practical utility; electronic comments to http:// (2) Evaluate the accuracy of the www.fda.gov/dockets/ecomments. See http://www.fda.gov/cder/guidance/ index.htm or http://www.fda.gov/cber/ agency’s estimate of the burden of the the SUPPLEMENTARY INFORMATIONsection guidelines.htm. proposed collection of information, for electronic access to the draft including the validity of the Dated: October 8, 2003. guidance document. methodology and assumptions used; FOR FURTHER INFORMATION CONTACT: Jeffrey Shuren, (3) Enhance the quality, utility, and Randy Levin, CDER (HFD–140), Food Assistant Commissioner for Policy. clarity of the information to be and Drug Administration, 5600 [FR Doc. 03–26266 Filed 10–16–03; 8:45 am] collected; and Fishers Lane, Rockville, MD 20857, BILLING CODE 4160–01–S (4) Minimize the burden of the 301–594–5411, collection of information on those who [email protected], or are to respond, including through the Michael Fauntleroy, CBER (HFM– use of appropriate automated, DEPARTMENT OF HOMELAND 588), Food and Drug electronic, mechanical, or other SECURITY Administration, 1401 Rockville technological collection techniques or Pike, Rockville, MD 20852, 301– other forms of information technology, 827–5132, [email protected]. Bureau of Citizenship and Immigration Services e.g., permitting electronic submission of SUPPLEMENTARY INFORMATION: responses. I. Background Agency Information Collection Overview of This Information Activities: Proposed Collection; Collection In the Federal Register of June 24, Comment Request 2003 (68 FR 37504), FDA published a (1) Type of Information Collection: notice announcing the availability of a ACTION: 30-Day Notice of Information Extension of currently approved draft guidance for industry entitled Collection Under Review: Petition for collection. ‘‘Providing Submissions in Electronic Alien Relative; Form I–130. (2) Title of the Form/Collection: Format—Postmarketing Periodic Petition for Alien Relative. Adverse Drug Experience Reports.’’ This The Department of Homeland (3) Agency form number, if any, and draft guidance discusses issues related Security, Bureau of Citizenship and the applicable component of the to the electronic submission of Immigration Services (BCIS), has Department of Justice sponsoring the postmarketing periodic adverse drug submitted the following information collection: Form I–130, Bureau of experience reports for drug products collection request to the Office of Citizenship and Immigration Services, marketed for human use with new drug Management and Budget (OMB) for Department of Homeland Security. applications (NDAs) and abbreviated review and clearance in accordance (4) Affected public who will be asked new drug applications (ANDAs), and with the Paperwork Reduction Act of or required to respond, as well as a brief therapeutic and blood products 1995. abstract: Primary: Individuals or
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Households. The information collected containing the proposed information and Border Protection, Department of on this form will be used by BCIS to collection in the Federal Register on Homeland Security. determine eligibility for benefits sought October 11, 2002 at 67 FR 63246. The (4) Affected public who will be asked for relatives of U.S. citizens and lawful interim rule also solicited public review or required to respond, as well as a brief permanent residents. and comments on the information abstract: Primary: Business or other for- (5) An estimate of the total number of collection for a period of 30 days. No profit. Section 217(h) of the INA respondents and the amount of time comments were received. The INS requires an automated entry and exit estimated for an average respondent to received temporary OMB approval of control system by specifying those respond: 183,034 responses at 30 this information collection. passenger data elements that must be minutes (.50 hours) per response. The purpose of this notice is to allow electronically transmitted to the CBP by (6) An estimate of the total public an additional 30 days for public carriers seeking to transport Visa Waiver burden (in hours) associated with the comments to extend the use of this Program passengers into and out of the collection: 91,517 annual burden hours. information collection for a temporary U.S. If you have additional comments, approval. Comments are encouraged (5) An estimate of the total number of suggestions, or need a copy of the and will be accepted until November 17, respondents and the amount of time proposed information collection 2003. This process is conducted in estimated for an average respondent to instrument with instructions, or accordance with 5 CFR 1320.10. respond: 600 responses at 5 minutes additional information, please contact Written comments and/or suggestions (.083 hours) per response. Frequency of Richard A. Sloan 202–514–3291, regarding the items contained in this response is 365. Director, Regulations and Forms notice, especially regarding the (6) An estimate of the total public Services Division, U.S. Department of estimated public burden and associated burden (in hours) associated with the Homeland Security, 425 I Street, NW., response time, should be directed to the collection: 36,500 annual burden hours. Suite 4034, Washington, DC 20536. Office of Management Budget, Office of If you have additional comments, Additionally, comments and/or Information and Regulatory Affairs, suggestions, or need a copy of the suggestions regarding the item(s) Attention: Department of Justice Desk proposed information collection contained in this notice, especially Officer, 725 17th Street, NW., Room instrument with instructions, or regarding the estimated public burden 10235, Washington, DC 20530. additional information, please contact and associated response time may also Written comments and suggestions Richard A. Sloan 202–514–3291, be directed to Mr. Richard A. Sloan. from the public and affected agencies Director, Regulations, and Forms If additional information is required concerning the proposed collection of Services Division, Department of contact: Ms. Theresa O’Malley, Chief information should address one or more Homeland Security, Room 4034, 425 I Information Officer, U.S. Department of of the following four points: Street, NW., Washington, DC 20536. Homeland Security, Regional Office (1) Evaluate whether the proposed Additionally, comments and/or Building 3, 7th and D Streets, SW., Suite collection of information is necessary suggestions regarding the item(s) 4636–26, Washington, DC 20202. for the proper performance of the contained in this notice, especially Dated: October 9, 2003. functions of the agency, including regarding the estimated public burden whether the information will have Richard A. Sloan, and associated response time may also practical utility; be directed to Mr. Richard A. Sloan. Department Clearance Officer, U.S. (2) Evaluate the accuracy of the If additional information is required Department of Homeland Security, Bureau agency’s estimate of the burden of the of Citizenship and Immigration Services. contact: Ms. Theresa O’Malley, Chief proposed collection of information, [FR Doc. 03–26221 Filed 10–16–03; 8:45 am] Information Officer, Department of including the validity of the Homeland Security, Regional Office BILLING CODE 4410–10–M methodology and assumptions used; Building 3, 7th and D Streets, SW., Suite (3) Enhance the quality, utility, and 4636–26, Washington, DC 20202. clarity of the information to be DEPARTMENT OF HOMELAND Dated: October 9, 2003. collected; and SECURITY (4) Minimize the burden of the Richard A. Sloan, collection of information on those who Department Clearance Officer, Department of Bureau of Customs and Border Homeland Security, Bureau of Customs and Protection are to respond, including through the use of appropriate automated, Border Protection. [FR Doc. 03–26223 Filed 10–16–03; 8:45 am] Agency Information Collection electronic, mechanical, or other Activities: Proposed Collection; technological collection techniques or BILLING CODE 4410–10–M Comment Request other forms of information technology, e.g., permitting electronic submission of DEPARTMENT OF HOMELAND ACTION: 30-Day notice of information responses collection under review: visa waiver SECURITY Overview of This Information program passenger arrival and Collection Bureau of Customs and Border department data (file No. OMB–32). (1) Type of Information Collection: Protection The Department of Homeland Extension of a currently approved Agency Information Collection Security, Bureau of Customs and Border information collection. Activities; Proposed Collection; Protection (CBP), has submitted the (2) Title of the Form/Collection: Visa Comment Request following information collection request Waiver Program Passenger Arrival and to the Office of Management and Budget Departure Date. ACTION: 30-Day notice of information (OMB) for review and temporary (3) Agency form number, if any, and collection under review: passenger list, clearance in accordance with the the applicable component of the crew list; Form I–418. Paperwork Reduction Act of 1995. The Department of Justice sponsoring the legacy Immigration and Naturalization collection: No Agency Form Number The Bureau of Customs and Border Service (INS) published an interim rule (file No. OMB–32); Bureau of Customs Protection (CBP) has submitted the
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following information collection request Department of Justice sponsoring the information collection request (ICR) to the Office of Management and Budget collection: Form I–418, Bureau of utilizing emergency review procedures, (OMB) for review and clearance in Customs and Border Protection, to the Office of Management and Budget accordance with the Paperwork Department of Homeland Security. (OMB) for review and clearance in Reduction Act of 1995. The information (4) Affected public who will be asked accordance with sections collection was previously published in or required to respond, as well as brief 1320.13(a)(1)(ii) and (a)(2)(iii) of the the Federal Register on February 20, abstract: Primary Individuals or Paperwork Reduction Act of 1995. The 2003 at 68 FR 8308, allowing for a Households. This form is prescribed by ICE has determined that it cannot 30-day public comment period. No the Attorney General for the CBP for use reasonably comply with the normal public comment was received on this by masters, owners or agents of vessels clearance procedures under this part information collection and the in complying with sections 231 and 251 because normal clearance procedures collection was granted temporary of the Immigration and Nationality Act. are reasonably likely to prevent or approval by the OMB. (5) An estimate of the total number of disrupt the collection of information. The purpose of this notice is to allow respondents and the amount of time ICE is requesting emergency review an additional 30 days for public estimated for an average respondent to from OMB of this information collection comments on the extension of the respond: 95,000 responses at 1 hour per to ensure compliance section 641 of the current information collection. response. Illegal Immigration Reform and Comments are encouraged and will be (6) An estimate of the total public Immigrant Responsibility Act of 1996 accepted until November 17, 2003. This burden (in hours) associated with the (IIRIRA), and under 31 U.S.C. 9701 and process is conducted in accordance with collection: 95,000 annual burden hours. section 286(m) of the Act. Therefor, 5 CFR 1320.10. If you have additional comments, OMB approval has been requested by Written comments and/or suggestions suggestions, or need a copy of the October 24, 2003. If granted, the regarding the items contained in this proposed information collection emergency approval is only valid for notice, especially regarding the instrument with instructions, or 180 days. ALL comments and/or estimated public burden and associated additional information, please contact questions pertaining to this pending response time, should be directed to the Richard A. Sloan 202–514–3291, request for emergency approval MUST Office of Management and Budget, Director, Regulations and Forms be directed to OMB, Office of Office of Information and Regulatory Services Division, Department of Information and Regulatory Affairs, Affairs, Attention: Department of Justice Homeland Security, 425 I Street, NW., Attention: Ms. Karen Lee, Department of Desk Officer, 725 17th Street, NW., Room 4034, Washington, DC 20536. Justice Desk Officer, 725 17th Street, Room 10235, Washington, DC 20530. Additionally, comments and/or NW., Suite 10235, Washington, DC Written comments and suggestions suggestions regarding the item(s) 20503. Comments regarding the from the public and affected agencies contained in this notice, especially emergency submission of this concerning the proposed collection of regarding the estimated public burden information collection may also be information should address one or more and associated response time may also submitted via facsimile to Ms. Lee at of the following four points: be directed to Mr. Richard A. Sloan. 202–395–5806. (1) Evaluate whether the proposed If additional information is required During the first 60 days of this same collection of information is necessary contact: Ms. Theresa O’Malley, Chief period, a regular review of this for the proper performance of the Information Officer, Department of information collection is also being functions of the agency, including Homeland Security, Regional Office undertaken. During the regular review whether the information will have Building 3, 7th and D Streets, SW., Suite period, the ICE requests written practical utility; 4636–26, Washington, DC 20202. comments and suggestions from the (2) Evaluate the accuracy of the public and affected agencies concerning Dated: October 9, 2003. agency’s estimate of the burden of the this information collection. Comments proposed collection of information, Richard A. Sloan, are encouraged and will be accepted including the validity of the Department Clearance Officer, Department of until [Insert date of the 60th day from methodology and assumptions used; Homeland Security, Bureau of Customs and the date that this notice is published in Border Protection. (3) Enhance the quality, utility, and the Federal Register]. During the 60-day clarity of the information to be [FR Doc. 03–26225 Filed 10–16–03; 8:45 am] regular review, ALL comments and collected; and BILLING CODE 4410–10–M suggestions, or questions regarding (4) Minimize the burden of the additional information, to include collection of information on those who obtaining a copy of the information are to respond, including through the DEPARTMENT OF HOMELAND collection instrument with instructions, use of appropriate automated, SECURITY should be directed to Mr. Richard A. Sloan, 202–514–3291, Director, electronic, mechanical, or other Bureau of Immigration and Customs Regulations and Forms Services technological collection techniques or Enforcement other forms of information technology, Division, Bureau of Customs and e.g., permitting electronic submission of Agency Information Collection Immigration Enforcement, U.S. responses. Activities: Comment Request Department of Homeland Security, Room 4304, 425 I Street, NW., Overview of This Information ACTION: Request OMB Emergency Washington, DC 20536. Written Collection Approval; fee remittance form for comments and suggestions from the (1) Type of Information Collection: certain F–1; J–1 and M–1 public and affected agencies concerning Extension of a currently approved nonimmigrants; form I–901. the proposed collection of information information collection. should address one or more of the (2) Title of the Form/Collection: The Department of Homeland following four points: Passenger List, Crew List. Security (DHS) and the Bureau of (1) Evaluate whether the proposed (3) Agency form number, if any, and Customs and Immigration Enforcement collection of information is necessary the applicable component of the (ICE) has submitted an emergency for the proper performance of the
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functions of the agency, including DEPARTMENT OF HOMELAND technological collection techniques or whether the information will have SECURITY other forms of information technology, practical utility; e.g., permitting electronic submission of (2) Evaluate the accuracy of the Bureau of Immigration and Customs responses. agencies estimate of the burden of the Enforcement proposed collection of information, Overview of This Information including the validity of the Agency Information Collection Collection methodology and assumptions used; Activities: Proposed Collection; (1) Type of Information Collection: (3) Enhance the quality, utility, and Comment Request Extension of a currently approved clarity of the information to be information collection. collected; and ACTION: 30-Day Notice of Information Collection Under Review: Visa Waiver (2) Title of the Form/Collection: Visa (4) Minimize the burden of the Waiver Program Carrier Agreement. collection of information on those who Program Carrier Agreement; Form I–775. (3) Agency form number, if any, and are to respond, including through the the applicable component of the use of appropriate automated, The Department of Homeland electronic, mechanical, or other Security (DHS), Bureau of Immigration Department of Justice sponsoring the technological collection techniques or and Customs Enforcement (ICE), has collection: Form I–775, Bureau of other forms of information technology, submitted the following information Immigration and Customs Enforcement, e.g., permitting electronic submission of collection request to the Office of Department of Homeland Security. responses. Management and Budget (OMB) for (4) Affected public who will be asked review and clearance in accordance or required to respond, as well as a brief Overview of This Information with the Paperwork Reduction Act of abstract: Primary: Business or other for- Collection 1995. The information collection was profit. The agreement between a (1) Type of Information Collection: previously published in the Federal transportation company and the United New collection. Register on June 26, 2003 at 68 FR States is needed to ensure that the (2) Title of the Form/Collection: Fee 38085, allowing for a 60-day public transportation company will remain Remittance Form for Certain F–1, J–1, comment period. No public comment responsible for the aliens it transports to and M–1 Nonimmigrants. was received on this information the United States under the Visa Waiver (3) Agency form number, if any, and collection. Program. the applicable component of the The purpose of this notice is to allow (5) An estimate of the total number of Department of Justice sponsoring the an additional 30 days for public respondents and the amount of time collection: Form I–901. Bureau of comments. Comments are encouraged estimated for an average respondent to Immigration and Customs Enforcement, and will be accepted until November 17, respond: 400 responses at 2 hours per Department of Homeland Security. 2003. This process is conducted in response. (4) Affected public who will be asked accordance with 5 CFR 1320.10. (6) An estimate of the total public or required to respond, as well as a brief Written comments and/or suggestions burden (in hours) associated with the abstract: Primary: Individuals or regarding the items contained in this collection: 800 annual burden hours. households. This form is used by notice, especially regarding the nonimmigrant students and exchange If you have additional comments, estimated public burden and associated suggestions, or need a copy of the visitors to submit the fee authorized by response time, should be directed to the Public Law 104–208, subtitle D, section proposed information collection Office of Management and Budget, instrument with instructions, or 641. Additionally, this information is Office of Information and Regulatory required to send receipt to the student additional information, please contact Affairs, Attention: Department of Justice Richard A. Sloan 202–514–3291, or exchange visitor upon payment and Desk Officer, 725–17th Street, NW., to positively identify that a particular Director, Regulations and Forms Room 10235, Washington, DC 20530. Services Division, Bureau of student or exchange visitor has paid the Written comments and suggestions fee. Immigration and Customs Enforcement, from the public and affected agencies Department of Homeland Security, (5) An estimate of the total number of concerning the proposed collection of respondents and the amount of time Room 4034, 425 I Street, NW., information should address one or more Washington, DC 20536. Additionally, estimated for an average respondent to of the following four points: respond: 900,000 responses at 19 comments and/or suggestions regarding (1) Evaluate whether the proposed the item(s) contained in this notice, minutes (.32 hours) per response. collection of information is necessary (6) An estimate of the total public especially regarding the estimated for the proper performance of the public burden and associated response burden (in hours) associated with the functions of the agency, including collection: 288,000 annual burden time may also be directed to Mr. whether the information will have Richard A. Sloan. hours. practical utility; If additional information is required If additional information is required (2) Evaluate the accuracy of the contact: Ms. Theresa O’Malley, Chief contact: Ms. Theresa O’Malley, Chief agency’s estimate of the burden of the Information Officer, Department of Information Officer, U.S. Department of proposed collection of information, Homeland Security, Regional Office Homeland Security, Regional Office including the validity of the Building 3, 7th and D Streets, NW., Building 3, 7th and D Streets, SW., Suite methodology and assumptions used; Suite 4636–26, Washington, DC 20202. 4636–26, Washington, DC 20202. (3) Enhance the quality, utility, and Dated: October 9, 2003. clarity of the information to be Dated: October 9, 2003. Stephen R. Tarragon. collected; and Richard A. Sloan, Acting Department Clearance Officer, (4) Minimize the burden of the Department Clearance Officer, Department of Department of Homeland Security, Bureau collection of information on those who Homeland Security, Bureau of Immigration of Immigration and Customs Enforcement. are to respond, including through the and Customs Enforcement. [FR Doc. 03–26220 Filed 10–16–03; 8:45 am] use of appropriate automated, [FR Doc. 03–26222 Filed 10–16–03; 8:45 am] BILLING CODE 4410–10–M electronic, mechanical, or other BILLING CODE 4410–10–M
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DEPARTMENT OF HOMELAND are to respond, including through the DEPARTMENT OF HOUSING AND SECURITY use of appropriate automated, URBAN DEVELOPMENT electronic, mechanical, other Bureau of Immigration and Customs technological collection techniques or [Docket No. FR–4817–N–19] Enforcement other forms of information technology, e.g., permitting electronic submission of Notice of Proposed Information Agency Information Collection responses. Collection for Public Comment— Activities: Proposed Collection; Statement of Homeowner Obligations, Comment Request Overview of This Information Housing Choice Homeownership Collection Voucher Program ACTION: 30-Day notice of information (1) Type of Information Collection: collection under review: aircraft/vessel AGENCY: Office of the Assistant Extension of a currently approved report; Form I–92. Secretary for Public and Indian information collection. Housing, HUD. The Department of Homeland (2) Title of the Form/Collection: ACTION: Notice. Security (DHS), Bureau of Immigration Aircraft/Vessel Report. and Customs Enforcement (ICE), has (3) Agency form number, if any, and SUMMARY: The proposed information submitted the following information the applicable component of the collection requirement described below collection request to the Office of Department of Justice sponsoring the will be submitted to the Office of Management and Budget (OMB) for collection: Form I–92, Bureau of Management and Budget (OMB) for review and clearance in accordance Immigration and Customs Enforcement, review, as required by the Paperwork with the Paperwork Reduction Act of Department of Homeland Security. Reduction Act. The Department is 1995. The request for an extension of (4) Affected public who will be asked soliciting public comments on the this information collection was or required to respond, as well as a brief subject proposal. previously published in the Federal abstract: Primary: Individuals or DATES: Register on February 20, 2003 at 68 FR Households. This form is part of the Comments Due Date: December 8307, allowing for public review and manifest requirements of Section 231 16, 2003. comment for a period of 30 days. and 251 of the Immigration and ADDRESSES: Interested persons are Comments were reconciled during the Nationality Act and is used by the DHS invited to submit comments regarding OMB approval process and temporary and other agencies for data collection this proposal. Comments should refer to approval was received. and statistical analysis. the proposal by name and/or OMB The purpose of this notice is to notify (5) An estimate of the total number of Control number and should be sent to: the public of the agency request to respondents and the amount of time Mildred M. Hamman, Reports Liaison extend this information collection and estimated for an average respondent to Officer, Public and Indian Housing, to allow an additional 30 days for public respond: 720,000 responses at 11 Department of Housing and Urban comments. Comments are encouraged minutes (.183 hours) per response. Development, 451 7th Street, SW., and will be accepted until November 17, (6) An estimate of the total public Room 4249, Washington, DC 20410– 2003. This process is conducted in burden (in hours) associated with the 5000. accordance with 5 CFR 1320.10. collection: 129,600 annual burden FOR FURTHER INFORMATION CONTACT: Written comments and/or suggestions hours. Mildred M. Hamman, (202) 708–0614, regarding the items contained in this If you have additional comments, extension 4128. (This is not a toll-free notice, especially regarding the suggestions, or need a copy of the number). estimated public burden and associated proposed information collection SUPPLEMENTARY INFORMATION: The response time, should be directed to the instrument with instructions, or Department will submit the proposed Office of Management and Budget, additional information, please contact information collection to OMB for Office of Information and Regulatory Richard A. Sloan, 202–514–3291, review, as required by the Paperwork Affairs, Attention: Department of Justice Director, Regulations and Forms Reduction Act of 1995 (44 U.S.C. Desk Officer, 725 17th Street, NW., Services Division, Department of Chapter 35, as amended). Room 10235, Washington, DC 20530. Homeland Security, Room 4034, 425 I This Notice is soliciting comments Written comments and suggestions Street, NW., Washington, DC 20536. from members of the public and affected from the public and affected agencies Additionally, comments and/or agencies concerning the proposed concerning the proposed collection of suggestions regarding the item(s) collection of information to: (1) Evaluate information should address one or more contained in this notice, especially whether the proposed collection of of the following four points: regarding the estimated public burden information is necessary for the proper (1) Evaluate whether the proposed and associated response time may also performance of the functions of the collection of information is necessary be directed to Mr. Richard A. Sloan. agency, including whether the for the proper performance of the If additional information is required, information will have practical utility; functions of the agency, including contact: Ms. Theresa O’Malley, Chief (2) evaluate the accuracy of the agency’s whether the information will have Information Officer, Department of estimate of the burden of the proposed practical utility; Homeland Security, Regional Office collection of information; (3) enhance (2) Evaluate the accuracy of the Building 3, 7th and D Streets, SW., Suite the quality, utility, and clarity of the agency’s estimate of the burden of the 4636–26, Washington, DC 20202. proposed collection of information, information to be collected; and (4) including the validity of the Dated: October 9, 2003. minimize the burden of the collection of methodology and assumptions used; Richard A. Sloan, information on those who are to (3) Enhance the quality, utility, and Department Clearance Officer, Department of respond, including through the use of clarity of the information to be Homeland Security, Bureau of Immigration appropriate automated collection collected; and and Customs Enforcement. techniques or other forms of information (4) Minimize the burden of the [FR Doc. 03–26224 Filed 10–16–03; 8:45 am] technology; e.g., permitting electronic collection of information on those who BILLING CODE 4410–10–M submission of responses.
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This Notice also lists the following execute a ‘‘statement of homeowner reporting burden; 2000 families per information: obligations’’ before housing assistance year, .05, 100 hours; 400 PHAs Proposal: Statement of payments begin. The information maintaining records, .25, 100 hours Homeownership Obligations, Housing provided will be reviewed by the PHA recordkeeping burden. The total burden Choice Homeownership Voucher to further determine eligibility and is 2,200 hours. Program. ensure program compliance. Status of the proposed information OMB Control Number: 2577–0169. Agency form numbers, if applicable: Description of the need for the HUD–52649. collection: Revision of a currently information and proposed use: A Public Members of affected public: State and approved collection. Housing Agency (PHA) may use the Local Governments, businesses or other Authority: Section 3506 of the Paperwork Housing Choice Voucher program for profits, individuals or households. Reduction Act of 1995, 44 U.S.C. Chapter 35, funding already under the Annual Estimation of the total number of as amended. Contributions Contract (ACC) or new hours needed to prepare the information tenant-based housing voucher funding collection including number of Michael Liu, for rental or homeownership purposes. respondents, frequency of response, and Assistant Secretary for Public and Indian The PHA and family participating in the hours of response: 400 PHAs, five Housing. homeownership voucher program must families per year, one hour, 2000 hours BILLING CODE 4210–29–M
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[FR Doc. 03–26249 Filed 10–16–03; 8:45 am] Properties listed as suitable/available Installation Management, Attn: DAIM– BILLING CODE 4210–29–C will be available exclusively for ME, Room 1E677, 600 Army Pentagon, homeless use for a period of 60 days Washington, DC 20310–0600; (703) 692– from the date of this Notice. Where 9223; Energy: Mr. Andy Duran, DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Department of Energy, Office of URBAN DEVELOPMENT only’’ recipients of the property will be Engineering & Construction required to relocate the building to their Management, ME–90, Washington, DC [Docket No. FR–4809–N–42] own site at their own expense. 20585; (202) 586–8715; GSA: Mr. Brian Federal Property Suitable as Facilities Homeless assistance providers K. Polly, Assistant Commissioner, To Assist the Homeless interested in any such property should General Services Administration, Office send a written expression of interest to of Property Disposal, 18th and F Streets, AGENCY: Office of the Assistant HHS, addressed to Shirley Kramer, NW., Washington, DC 20405; (202) 501– Secretary for Community Planning and Division of Property Management, 0052; Interior: Ms. Linda Tribby, Development, HUD. Program Support Center, HHS, room Acquisition & Property Management, ACTION: Notice 5B–41, 5600 Fishers Lane, Rockville, Department of the Interior, 1849 C MD 20857; (301) 443–2265 (This is not Street, NW., MS5512, Washington, DC SUMMARY: This notice identifies a toll-free number). HHS will mail to the 20240; (202) 219–0728; Navy: Mr. unutilized, underutilized, excess, and interested provider an application Charles C. Cocks, Director, Department surplus Federal property reviewed by packet, which will include instructions of the Navy, Real Estate Policy Division, HUD for suitability for possible use to for completing the application. In order Naval Facilities Engineering Command, assist the homeless. to maximize the opportunity to utilize a Washington Navy Yard, 1322 Patterson FOR FURTHER INFORMATION CONTACT: suitable property, providers should Ave., SE., Suite 1000, Washington, DC Mark Johnston, room 7266, Department submit their written expressions of 20374–5065; (202) 685–9200. These are of Housing and Urban Development, interest as soon as possible. For not toll-free numbers. 451 Seventh Street, SW., Washington, complete details concerning the processing of applications, the reader is Dated: October 9, 2003. DC 20410; telephone (202) 708–1234; John D. Garrity, TTY number for the hearing- and encouraged to refer to the interim rule governing this program, 24 CFR 581. Director, Office of Special Needs Assistance speech-impaired (202) 708–2565 (these Programs. telephone numbers are not toll-free), or For properties listed as suitable/to be call the toll-free Title V information line excess, that property may, if TITLE V, FEDERAL SURPLUS PROPERTY at 1–800–927–7588. subsequently accepted as excess by PROGRAM FEDERAL REGISTER REPORT GSA, be made available for use by the FOR 10/17/2003 SUPPLEMENTARY INFORMATION: In homeless in accordance with applicable Suitable/Available Properties accordance with 24 CFR part 581 and law, subject to screening for other section 501 of the Stewart B. McKinney Federal use. At the appropriate time, Buildings (by State) Homeless Assistance Act (42 U.S.C. HUD will publish the property in a Washington 11411), as amended, HUD is publishing Notice showing it as either suitable/ Bldg. 87 this notice to identify Federal buildings available or suitable/unavailable. 1917 Marsh Road and other real property that HUD has For properties listed as suitable/ Yakima Co: WA 98901– reviewed for suitability for use to assist unavailable, the landholding agency has Landholding Agency: Interior the homeless. The properties were decided that the property cannot be Property Number: 61200340006 reviewed using information provided to declared excess or made available for Status: Unutilized HUD by Federal landholding agencies use to assist the homeless, and the Comment: 1032 sq. ft., presence of asbestos/ regarding unutilized and underutilized lead paint, most recent use—office, off-site property will not be available. use only buildings and real property controlled Properties listed as unsuitable will by such agencies or by GSA regarding not be made available for any other Bldg. 88 its inventory of excess or surplus 1917 Marsh Road purpose for 20 days from the date of this Yakima Co: WA 98901– Federal property. This notice is also notice. Homeless assistance providers Landholding Agency: Interior published in order to comply with the interested in a review by HUD of the Property Number: 61200340007 December 12, 1988 Court Order in determination of unsuitability should Status: Unutilized National Coalition for the Homeless v. call the toll free information line at 1– Comment: 1032 sq. ft., presence of asbestos/ Veterans Administration, No. 88–2503– 800–927–7588 for detailed instructions lead paint, most recent use—office, off-site OG (D.D.C.). or write a letter to mark Johnston at the use only Properties reviewed are listed in this address listed at the beginning of this Land (by State) notice according to the following notice. Included in the request for North Carolina categories: Suitable/available, suitable/ review should be the property address unavailable, suitable/to be excess, and (including ZIP Code), the date of 0.99 acre Camp Lejeune unsuitable. The properties listed in the publication in the Federal Register, the Hubert Co: Onslow NC three suitable categories have been landholding agency, and the property Landholding Agency: Navy reviewed by the landholding agencies, number. Property Number: 77200340013 and each agency has transmitted to For more information regarding Status: Excess HUD: (1) Its intention to make the particular properties identified in this Comment: land property available for use to assist the notice (i.e., acreage, floor plan, existing Utah homeless, (2) its intention to declare the sanitary facilities, exact street address), property excess to the agency’s needs, or providers should contact the 0.5 acre 2968 W. Alice Way (3) a statement of the reasons that the appropriate landholding agencies at the West Valley Co: Salt Lake UT 84119– property cannot be declared excess or following address: Army: Ms. Julie Landholding Agency: GSA made available for use as facilities to Jones-Conte, Department of the Army, Property Number: 54200340004 assist the homeless. Office of the Assistant Chief of Staff for Status: Excess
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Comment: paved Property Number: 21200340004 Status: Excess GSA Number: 7–U–UT–0515 Status: Unutilized Reason: Extensive deterioration Reason: Extensive deterioration Suitable/Unavailable Properties Bldg. 22147 Bldgs. 45094, 47782 Marine Corps Base Buildings (by State) Fort Richardson Camp Pendleton Co: CA 92055– Mississippi Ft. Richardson Co: AK 99505– Landholding Agency: Navy Landholding Agency: Army Property Number: 77200340005 Federal Building Property Number: 21200340005 Status: Excess 500 West Main Street Status: Unutilized Reason: Extensive deterioration Tupelo Co: Lee MS 38801– Reason: Extensive deterioration Landholding Agency: GSA Bldg. 22148 Property Number: 54200340002 Bldgs. 55294, 55298, 55805 Marine Corps Base Status: Surplus Fort Richardson Camp Pendleton Co: CA 92055– Comment: 28,867 sq. ft., presence of Ft. Richardson Co: AK 99505– Landholding Agency: Navy asbestos/possible lead paint Landholding Agency: Army Property Number: 77200340006 GSA Number: 4–G–MS–0561 Property Number: 21200340006 Status: Excess Status: Unutilized Reason: Extensive deterioration Land (by State) Reason: Extensive deterioration Bldg. 22149 Maryland Bldg. 2060 Marine Corps Base 1 acre Fort Wainwright Camp Pendleton Co: CA 92055– Naval Air Station Ft. Wainwright Co: AK 99703–6505 Landholding Agency: Navy Patuxent River Co: St. Mary’s MD 20670– Landholding Agency: Army Property Number: 77200340007 Landholding Agency: Navy Property Number: 21200340007 Status: Excess Property Number: 77200340014 Status: Unutilized Reason: Extensive deterioration Status: Underutilized Reasons: Within 2000 ft. of flammable or Colorado Comment: 1 acre explosive material; Within airport runway clear zone Bldgs. 112, 115 Unsuitable Properties Rocky Flats Env Tech Site Bldg. 2108 Golden Co: Jefferson CO 80020– Buildings (by State) Fort Wainwright Landholding Agency: Energy Ft. Wainwright Co: AK 99703-6505 Alabama Property Number: 41200340002 Landholding Agency: Army Status: Excess Bldg. 7339A Property Number: 21200340008 Reasons: Within 2000 ft. of flammable or Redstone Arsenal Status: Unutilized explosive material; Secured Area Redstone Arsenal Co: Madison AL 35898– Reason: Extensive deterioration Bldgs. 116, 119 5000 Bldg. 4108 Landholding Agency: Army Rocky Flats Env Tech Site Fort Wainwright Golden Co: Jefferson CO 80020– Property Number: 21200340011 Ft. Wainwright Co: AK 99703-6505 Status: Unutilized Landholding Agency: Energy Landholding Agency: Army Property Number: 41200340003 Reasons: Secured Area; Extensive Property Number: 21200340009 deterioration Status: Excess Status: Unutilized Reasons: Within 2000 ft. of flammable or Bldg. 08025 Reason: Extensive deterioration explosive material; Secured Area Redstone Arsenal Bldg. 4391 Redstone Arsenal Co: Madison AL 35898– Bldgs. 120, 120B Fort Wainwright Rocky Flats Env Tech Site 5000 Ft. Wainwright Co: AK 99703-6505 Landholding Agency: Army Golden Co: Jefferson CO 80020– Landholding Agency: Army Landholding Agency: Energy Property Number: 21200340012 Property Number: 21200340010 Status: Unutilized Property Number: 41200340004 Status: Unutilized Status: Excess Reasons: Secured Area; Extensive Reason: Extensive deterioration deterioration Reason: Secured Area California Bldgs. 121, 122, 122S Alaska Bldg. 1361 Rocky Flats Env Tech Site Bldg. 968 Marine Corps Base Golden Co: Jefferson CO 80020– Fort Richardson Camp Pendleton Co: CA 92055– Landholding Agency: Energy Ft. Richardson Co: AK 99505– Landholding Agency: Navy Property Number: 41200340005 Landholding Agency: Army Property Number: 77200340001 Status: Excess Property Number: 21200340001 Status: Excess Reasons: Within 2000 ft. of flammable or Status: Unutilized Reason: Extensive deterioration explosive material; Secured Area Reason: Extensive deterioration Bldg. 22135 Bldgs. 126, 127, 128 Bldg. 27054 Marine Corps Base Rocky Flats Env Tech Site Fort Richardson Camp Pendleton Co: CA 92055 Golden Co: Jefferson CO 80020– Ft. Richardson Co: AK 99505– Landholding Agency: Navy Landholding Agency: Energy Landholding Agency: Army Property Number: 77200340002 Property Number: 41200340006 Property Number: 21200340002 Status: Excess Status: Excess Status: Unutilized Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Bldg. 22136 explosive material; Secured Area Bldgs. 28050, 28051, 28105 Marine Corps Base Bldgs. 130, 131 Fort Richardson Camp Pendleton Co: CA 92055– Rocky Flats Env Tech Site Ft. Richardson Co: AK 99505– Landholding Agency: Navy Golden Co: Jefferson CO 80020– Landholding Agency: Army Property Number: 77200340003 Landholding Agency: Energy Property Number: 21200340003 Status: Excess Property Number: 41200340007 Status: Unutilized Reason: Extensive deterioration Status: Excess Reason: Extensive deterioration Bldg. 22144 Reasons: Within 2000 ft. of flammable or Bldg. 36015 Marine Corps Base explosive material; Secured Area Fort Richardson Camp Pendleton Co: CA 92055– Bldg. 223 Ft. Richardson Co: AK 99505– Landholding Agency: Navy Rocky Flats Env Tech Site Landholding Agency: Army Property Number: 77200340004 Golden Co: Jefferson CO 80020–
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Landholding Agency: Energy Property Number: 41200340017 Bldg. 417 Property Number: 41200340008 Status: Excess NAVMAG Status: Excess Reasons: Within 2000 ft. of flammable or Lualualei Co: Honolulu HI 96792– Reasons: Within 2000 ft. of flammable or explosive material; Secured Area Landholding Agency: Navy explosive material; Secured Area Bldgs. 664, 668 Property Number: 77200340011 Bldgs. 302, 303 Rocky Flats Env Tech Site Status: Unutilized Rocky Flats Env Tech Site Golden Co: Jefferson CO 80020– Reasons: Secured Area; Extensive Golden Co: Jefferson CO 80020– Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41200340018 Bldg. 419 Property Number: 41200340009 Status: Excess NAVMAG Status: Excess Reasons: Within 2000 ft. of flammable or Lualualei Co: Honolulu HI 96792– Reasons: Within 2000 ft. of flammable or explosive material; Secured Area Landholding Agency: Navy explosive material; Secured Area Bldgs. 920, 920B Property Number: 77200340012 Bldgs. 331, 331A Rocky Flats Env Tech Site Status: Unutilized Rocky Flats Env Tech Site Golden Co: Jefferson CO 80020– Reasons: Secured Area; Extensive Golden Co: Jefferson CO 80020– Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41200340019 Iowa Property Number: 41200340010 Status: Excess Bldgs. 00152, 00895 Status: Excess Reason: Secured Area Iowa Army Ammo Plant Reasons: Within 2000 ft. of flammable or Connecticut Middletown Co: Des Moines IA 52638– explosive material; Secured Area Bldgs. A92, A93, A94 Landholding Agency: Army Bldgs. 334, 335 Naval Submarine Base Property Number: 21200340017 Rocky Flats Env Tech Site Groton Co: New London CT 06349– Status: Unutilized Golden Co: Jefferson CO 80020– Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Property Number: 77200340008 explosive material; Secured Area Property Number: 41200340011 Status: Unutilized Kentucky Status: Excess Reasons: Within 2000 ft. of flammable or Bldgs. 02968, 04555 Reasons: Within 2000 ft. of flammable or explosive material; Secured Area explosive material; Secured Area Fort Knox Georgia Ft. Knox Co: KY 40121– Bldgs. 427, 439, 440 Bldg. 00111 Landholding Agency: Army Rocky Flats Env Tech Site Fort Gillem Property Number: 21200340018 Golden Co: Jefferson CO 80020– Ft. Gillem Co: Forest Park GA 30050–5101 Status: Unutilized Landholding Agency: Energy Landholding Agency: Army Reason: Extensive deterioration Property Number: 41200340012 Property Number: 21200340013 Massachusetts Status: Excess Status: Unutilized Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Bldgs. T4321, T4344 explosive material; Secured Area Devens RFTA Bldg. 00116 Devens Co: MA 01432–4429 Bldgs. 444, 445 Fort Gillem Rocky Flats Env Tech Site Landholding Agency: Army Ft. Gillem Co: Forest Park GA 30050–5101 Property Number: 21200340019 Golden Co: Jefferson CO 80020– Landholding Agency: Army Landholding Agency: Energy Status: Unutilized Property Number: 21200340014 Reason: Extensive deterioration Property Number: 41200340013 Status: Unutilized Status: Excess Reason: Extensive deterioration Bldgs. T4354, T4394, Devens RFTA Reasons: Within 2000 ft. of flammable or Bldg. 00226 Devens Co: MA 01432–4429 explosive material; Secured Area Fort Gillem Landholding Agency: Army Bldgs. 447, 448 Ft. Gillem Co: Forest Park GA 30050–5101 Property Number: 21200340020 Rocky Flats Env Tech Site Landholding Agency: Army Status: Unutilized Golden Co: Jefferson CO 80020– Property Number: 21200340015 Reason: Extensive deterioration Landholding Agency: Energy Status: Unutilized Property Number: 41200340014 Reason: Extensive deterioration Bldg. T4364 Status: Excess Bldgs. 00733, 00753 Devens RFTA Reasons: Within 2000 ft. of flammable or Fort Gillem Devens Co: MA 01432–4429 explosive material; Secured Area Ft. Gillem Co: Forest Park GA 30050–5101 Landholding Agency: Army Property Number: 21200340021 Bldgs. 450, 451, 455 Landholding Agency: Army Status: Unutilized Rocky Flats Env Tech Site Property Number: 21200340016 Reason: Extensive deterioration Golden Co: Jefferson CO 80020– Status: Unutilized Landholding Agency: Energy Reason: Extensive deterioration New Jersey Property Number: 41200340015 Hawaii Bldg. P4329 Status: Excess Bldg. 450 Fort Dix Reasons: Within 2000 ft. of flammable or Fleet Ind. Supply Center Ft. Dix Co: Burlington NJ 08640–5506 explosive material; Secured Area Pearl Harbor Co: Honolulu HI 96860– Landholding Agency: Army Bldg. 460 Landholding Agency: Navy Property Number: 21200340022 Rocky Flats Env Tech Site Property Number: 77200340009 Status: Unutilized Golden Co: Jefferson CO 80020– Status: Unutilized Reason: Extensive deterioration Landholding Agency: Energy Reasons: Secured Area; Extensive Bldg. P4334 Property Number: 41200340016 deterioration Fort Dix Status: Excess Bldg. 10 Ft. Dix Co: Burlington NJ 08640–5506 Reasons: Within 2000 ft. of flammable or NAVMAG Landholding Agency: Army explosive material; Secured Area Lualualei Co: Honolulu HI 96792– Property Number: 21200340023 6 Bldgs. Landholding Agency: Navy Status: Unutilized Rocky Flats Env Tech Site Property Number: 77200340010 Reason: Extensive deterioration Golden Co: Jefferson CO 80020– Status: Unutilized Bldgs. T9428, T9422 Location: 549, 551, 552, 553, 554, 556 Reasons: Secured Area; Extensive Fort Dix Landholding Agency: Energy deterioration Ft. Dix Co: Burlington NJ 08640–5506
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Landholding Agency: Army Landholding Agency: Army Bldg. 37225 Property Number: 21200340024 Property Number: 21200340033 Fort Bragg Status: Unutilized Status: Excess Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Army Bldg. T9461 Bldgs. C6032, C6231, C6329 Property Number: 21200340044 Fort Dix Fort Bragg Status: Excess Ft. Dix Co: Burlington NJ 08640–5506 Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Landholding Agency: Army Landholding Agency: Army Bldg. 37450 Property Number: 21200340025 Property Number: 21200340034 Fort Bragg Status: Unutilized Status: Excess Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Army Bldgs. T9489, T9468 Bldgs. C6427, C6432, C6433 Property Number: 21200340045 Fort Dix Fort Bragg Status: Excess Ft. Dix Co: Burlington NJ 08640–5506 Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Landholding Agency: Army Landholding Agency: Army Ohio Property Number: 21200340026 Property Number: 21200340035 Bldg. T091 Status: Unutilized Status: Excess Defense Supply Center Reason: Extensive deterioration Reason: Extensive deterioration Columbus Co: Franklin OH 43216–5000 New York Bldgs. C6525, C6530 Landholding Agency: Army Fort Bragg Bldg. 00138 Property Number: 21200340046 Ft. Bragg Co: Cumberland NC 28310– Fort Drum Status: Unutilized Landholding Agency: Army Ft. Drum Co: Jefferson NY 13602– Reason: Extensive deterioration Property Number: 21200340036 Landholding Agency: Army Status: Excess Pennsylvania Property Number: 21200340027 Reason: Extensive deterioration Bldg. 00011 Status: Unutilized Defense Distribution Depot Reason: Extensive deterioration Bldgs. C6628, C6726, C6931 Fort Bragg New Cumberland Co: York PA 17070–5002 Bldg. T–215 Ft. Bragg Co: Cumberland NC 28310– Landholding Agency: Army Fort Drum Landholding Agency: Army Property Number: 21200340047 Ft. Drum Co: Jefferson NY 13602– Property Number: 21200340037 Status: Unutilized Landholding Agency: Army Status: Excess Reason: Extensive deterioration Property Number: 21200340028 Reason: Extensive deterioration Bldg. 00060 Status: Unutilized Defense Distribution Depot Reason: Extensive deterioration Bldgs. C7037, C7137 Fort Bragg New Cumberland Co: York PA 17070–5002 Bldg. 00526 Ft. Bragg Co: Cumberland NC 28310– Landholding Agency: Army Fort Drum Landholding Agency: Army Property Number: 21200340048 Ft. Drum Co: Jefferson NY 13602– Property Number: 21200340038 Status: Unutilized Landholding Agency: Army Status: Excess Reason: Extensive deterioration Property Number: 21200340029 Reason: Extensive deterioration Bldg. 00086 Status: Unutilized Defense Distribution Depot Reason: Extensive deterioration Bldgs. C7236, C7334, C7339 Fort Bragg New Cumberland Co: York PA 17070–5002 Gardiners Point Ft. Bragg Co: Cumberland NC 28310– Landholding Agency: Army Long Island Co: Suffolk NY Landholding Agency: Army Property Number: 21200340049 Landholding Agency: GSA Property Number: 21200340039 Status: Unutilized Property Number: 54200340003 Status: Excess Reason: Extensive deterioration Status: Excess Reason: Extensive deterioration Bldgs. 00402, 00442 Reasons: no access/unexploded ordnance; Bldgs. C7433, C7437 Defense Distribution Depot Extensive deterioration New Cumberland Co: York PA 17070–5002 GSA Number: 1–N–NY–897 Fort Bragg Ft. Bragg Co: Cumberland NC 28310– Landholding Agency: Army North Carolina Landholding Agency: Army Property Number: 21200340050 Bldgs. C3731, C3831 Property Number: 21200340040 Status: Unutilized Fort Bragg Status: Excess Reason: Extensive deterioration Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Bldg. 02006 Landholding Agency: Army Bldgs. C7535, C7540 Defense Distribution Depot Property Number: 21200340030 Fort Bragg New Cumberland Co: York PA 17070–5002 Status: Excess Ft. Bragg Co: Cumberland NC 28310– Landholding Agency: Army Reason: Extensive deterioration Landholding Agency: Army Property Number: 21200340051 Bldgs. C5430, C5528 Property Number: 21200340041 Status: Unutilized Fort Bragg Status: Excess Reason: Extensive deterioration Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Puerto Rico Landholding Agency: Army Bldgs. C7634, C7732 Bldgs. 01108, 01119, 01128 Property Number: 21200340031 Fort Bragg Fort Buchanan Status: Excess Ft. Bragg Co: Cumberland NC 28310– Ft. Buchanan Co: Guaynabo PR 00934– Reason: Extensive deterioration Landholding Agency: Army Landholding Agency: Army Bldgs. C5626, C5630 Property Number: 21200340042 Property Number: 21200340052 Fort Bragg Status: Excess Status: Excess Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Reasons: Secured Area; Extensive Landholding Agency: Army Bldg. 25453 deterioration Property Number: 21200340032 Fort Bragg Bldgs. 01222, 01251, 01258 Status: Excess Ft. Bragg Co: Cumberland NC 28310– Fort Buchanan Reason: Extensive deterioration Landholding Agency: Army Ft. Buchanan Co: Guaynabo PR 00934– Bldgs. C5725, C5823, C5826 Property Number: 21200340043 Landholding Agency: Army Fort Bragg Status: Excess Property Number: 21200340053 Ft. Bragg Co: Cumberland NC 28310– Reason: Extensive deterioration Status: Excess
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Reasons: Secured Area; Extensive Kamack Co: Harrison TX 75661– 0022G, 0025G, 0031W, 0049W, 0501E, deterioration Location: 0003Y, 0004Y, 004Y2, 0013Y, 510B2, 0601B, 018K1 Bldgs. 01260, 01262, 01264 0016Y, 16Y1, 16Y2, 0018Y, 018Y1, 0029Y, Landholding Agency: Army Fort Buchanan 0032Y, 0034Y, 0038Y, 0040Y, 0045Y Property Number: 21200340069 Ft. Buchanan Co: Guaynabo PR 00934– Landholding Agency: Army Status: Excess Landholding Agency: Army Property Number: 21200340062 Reason: Secured Area Property Number: 21200340054 Status: Excess Bldgs. SHOPS Status: Excess Reason: Secured Area Longhorn Army Ammo Plant Reasons: Secured Area; Extensive Bldgs. P–3X, 3X–4 of 5 Karnack Co: Harrison TX 75661– deterioration Longhorn Army Ammo Plant Location: 00723, 0722P, 0704D, 00715, Bldgs. 01266, 01268, 01270 Karnack Co: Harrison TX 75661– 00744, 0722G Fort Buchanan Location: 00P10, 00P11, 0046A, 0049B, Landholding Agency: Army Ft. Buchanan Co: Guaynabo PR 00934– 0053B, 0054B, 0055B, 0056B, 0059B, Property Number: 21200340070 Landholding Agency: Army 0060B, 0068F, 0026E, 0032E, 0029D Status: Excess Property Number: 21200340055 Landholding Agency: Army Reason: Secured Area Status: Excess Property Number: 21200340063 Bldgs. Magaz Reasons: Secured Area; Extensive Status: Excess Longhorn Army Ammo Plant deterioration Reason: Secured Area Karnack Co: Harrison TX 75661– Location: 08111, 08117, 81110, 81111, 81112, Tennessee Bldgs. P–3X, 3X–3 of 5 Longhorn Army Ammo Plant 81113, 81114, 81117, 81118, 81121, 81122, Bldg. A–35 Karnack Co: Harrison TX 75661– 81124, 81128, 81141, 81143, 81156 Holston Army Ammo Plant Location: 00S13, 00P13, 00B10, 00B16, Landholding Agency: Army Kingsport Co: Sullivan TN 37660– Property Number: 21200340071 Landholding Agency: Army SHEDC, 00B15, 00B13, 00B11, 000B9, 000B7, SHEDJ, SHEDD, 000M4, 000P3, Status: Excess Property Number: 21200340056 Reason: Secured Area Status: Unutilized 000P1 Bldgs. P–3X SHT1of 5 Reason: Within 2000 ft. of flammable or Landholding Agency: Army Longhorn Army Ammo Plant explosive material; Secured Area Property Number: 21200340064 Status: Excess Karnack Co: Harrison TX 75661– Bldg. SC–3 Reason: Secured Area Location: 02121thru21211, 21214thru21221, ORISE Bldgs. P–3X 5 of 5 21223, 21225, 21227, 21231Dthru21240, Oak Ridge Co: Anderson TN 37831– 21242, 21244, 21246, 21248 Landholding Agency: Energy Longhorn Army Ammo Plant Karnack Co: Harrison TX 75661– Landholding Agency: Army Property Number: 41200340001 Property Number: 21200340072 Status: Unutilized Location: 0025D, 0025C, 0050G, 0054F, 0053D, 0054G, 0031G, 00403, 00406, Status: Excess Reasons: Secured Area; Extensive Reason: Secured Area deterioration 00408, 00409, 0016T, 0020T, 0035T, 0036T036T1 Bldgs. P–3X SHT2of5 Texas Landholding Agency: Army Longhorn Army Ammo Plant Bldg. 1159 Property Number: 21200340065 Karnack Co: Harrison TX 75661– Fort Bliss Status: Excess Location: 21250thru21257, 21259, 0027X, El Paso Co: TX 79916– Reason: Secured Area 0022X, 0035X Landholding Agency: Army Bldgs. Inert SH1of 3 Landholding Agency: Army Property Number: 21200340057 Longhorn Army Ammo Plant Property Number: 21200340073 Status: Unutilized Karnack Co: Harrison TX 75661– Status: Excess Reason: Extensive deterioration Location: 00101, 00102, 0102R, 00103, Reason: Secured Area Bldg. 6078 000L6, 00402, 000L5, SHEDL, SHEDB, Virginia Fort Bliss 0061I, 0060I, 0022B, 0032B, 0029A, 0031A Bldg. 02611 El Paso Co: TX 79916– Landholding Agency: Army Fort Lee Landholding Agency: Army Property Number: 21200340066 Ft. Lee Co: Prince George VA 23801– Property Number: 21200340058 Status: Excess Landholding Agency: Army Status: Unutilized Reason: Secured Area Property Number: 21200340074 Reason: Extensive deterioration Bldgs. Inert SH3of 3 Status: Unutilized Bldg. 7289 Longhorn Army Ammo Plant Reason: Extensive deterioration Fort Bliss Karnack Co: Harrison TX 75661– El Paso. Co: TX 79916– Location: 016T1, 020T1, 0034T, 034T1, Washington Landholding Agency: Army 0020X, 022X1 Bldg. 81 Property Number: 21200340059 Landholding Agency: Army 39307 Kelly Road Status: Unutilized Property Number: 21200340067 Benton City Co: Benton WA 99320– Reason: Extensive deterioration Status: Excess Landholding Agency: Interior Bldgs. 11309, 11311 Reason: Secured Area Property Number: 61200340001 Fort Bliss Bldgs. SH2 of 3 Status: Unutilized El Paso. Co: TX 79916– Longhorn Army Ammo Plant Reason: Extensive deterioration Landholding Agency: Army Karnack Co: Harrison TX 75661– Garage/81 Property Number: 21200340060 Location: 068G1, 068F1, 0022B, 0032B, 39307 Kelly Road Status: Unutilized 054F1, 0040H, 00402, 00404, 00405, Benton City Co: Benton WA 99320– Reason: Extensive deterioration 0018G, 0015G, 0009G, 0010G, 0011G Landholding Agency: Interior Bldgs. D5026, D5027, D5029, Landholding Agency: Army Property Number: 61200340002 Grand Prairie Reserve Complex Property Number: 21200340068 Status: Unutilized Grand Prairie Co: Tarrant TX 75051– Status: Excess Reason: Extensive deterioration Landholding Agency: Army Reason: Secured Area Bldg. 73 Property Number: 21200340061 Bldgs. Inert 1171 Beane Road Status: Unutilized Longhorn Army Ammo Plant Moxee Co: Yakima WA 98936– Reason: Extensive deterioration Karnack Co: Harrison TX 75661– Landholding Agency: Interior Bldgs. YAREA Location: 00703, 0703A, 0703C, 0707E, Property Number: 61200340003 Longhorn Army Ammo Plant 0018K, 01ST1, 0201A, 00202, 00204, Status: Unutilized
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Reason: Extensive deterioration Landholding Agency: GSA request for a copy of such documents to: Garage/73 Property Number: 54200340005 U.S. Fish and Wildlife Service, Division 1171 Beane Road Status: Excess of Management Authority, 4401 North Moxie Co: Yakima WA 98936– Reasons: Within 2000 ft. of flammable or Fairfax Drive, Room 700, Arlington, explosive material; Within airport runway Landholding Agency: Interior Virginia 22203; fax 703/358–2281. Property Number: 61200340004 clear zone Status: Unutilized GSA Number: 9–I–AK–791 FOR FURTHER INFORMATION CONTACT: Reason: Extensive deterioration [FR Doc. 03–26034 Filed 10–16–03; 8:45 am] Division of Management Authority, telephone: 703/358–2104. Bldg. 129 BILLING CODE 4210–29–M 1917 Marsh Road SUPPLEMENTARY INFORMATION: Notice is Yakima Co: WA 98901– hereby given that on the dates below, as Landholding Agency: Interior DEPARTMENT OF THE INTERIOR authorized by the provisions of the Property Number: 61200340005 Endangered Species Act of 1973, as Status: Unutilized Reason: Extensive deterioration Fish and Wildlife Service amended (16 U.S.C. 1531, et seq.), and the Marine Mammal Protection Act of Unsuitable Properties Issuance of Permits 1972, as amended (16 U.S.C. 1361, et Land (by State) AGENCY: Fish and Wildlife Service, seq.), the Fish and Wildlife Service Interior. issued the requested permit(s) subject to Alabama certain conditions set forth therein. For ACTION: Notice of issuance of permits for Tract E715 each permit for an endangered species, endangered species and/or marine Demopolis Lock & Dam the Service found that (1) the mammals. Greensboro Co: Hale AL 36744– application was filed in good faith, (2) Landholding Agency: GSA Property Number: 54200340001 SUMMARY: The following permits were the granted permit would not operate to Status: Excess issued. the disadvantage of the endangered species, and (3) the granted permit Reason: no legal access ADDRESSES: Documents and other would be consistent with the purposes GSA Number: 4–D–AL–564D–I information submitted with these and policy set forth in Section 2 of the Alaska applications are available for review, Endangered Species Act of 1973, as subject to the requirements of the 0.56 acre amended. Sitka Airport Privacy Act and Freedom of Information Sitka Co: AK Act, by any party who submits a written Endangered Species
Permit No. Applicant Receipt of application Federal Register notice Permit issuance date
075567 ...... Adam Vinatieri .. 68 FR 50804; August 22, 2003 ...... September 29, 2003.
Marine Mammals
Permit No. Applicant Receipt of application Federal Register notice Permit issuance date
073605 ...... Charles Walker 68 FR 41167; July 10, 2003 ...... September 24, 2003.
Dated: October 3, 2003. DATES: Written data, comments or endangered species. This notice is Charles S. Hamilton, requests must be received by November provided pursuant to Section 10(c) of Senior Permit Biologist, Branch of Permits, 17, 2003. the Endangered Species Act of 1973, as Division of Management Authority. ADDRESSES: Documents and other amended (16 U.S.C. 1531, et seq.). [FR Doc. 03–26234 Filed 10–16–03; 8:45 am] information submitted with these Written data, comments, or requests for copies of these complete applications BILLING CODE 4310–55–P applications are available for review, subject to the requirements of the should be submitted to the Director Privacy Act and Freedom of Information (address above). Act, by any party who submits a written DEPARTMENT OF THE INTERIOR PRT–077886 request for a copy of such documents Fish and Wildlife Service within 30 days of the date of publication Applicant: Gary H. Tennison, Gig of this notice to: U.S. Fish and Wildlife Harbor, WA Receipt of Applications for Permit Service, Division of Management Authority, 4401 North Fairfax Drive, The applicant requests a permit to AGENCY: Fish and Wildlife Service, Room 700, Arlington, Virginia 22203; import the sport-hunted trophy of one Interior. fax: 703/358–2281. male bontebok (Damaliscus pygargus FOR FURTHER INFORMATION CONTACT: dorcas) culled from a captive herd ACTION: Notice of receipt of applications maintained under the management for permit. Division of Management Authority, telephone: 703/358–2104. program of the Republic of South Africa, for the purpose of enhancement of the SUPPLEMENTARY INFORMATION: SUMMARY: The public is invited to survival of the species. comment on the following applications Endangered Species PRT–077300 to conduct certain activities with The public is invited to comment on endangered species and/or marine the following application(s) for a permit Applicant: Grant R. Oliver, Coolidge, mammals. to conduct certain activities with AZ
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The applicant requests a permit to marine mammals. The application(s) DEPARTMENT OF THE INTERIOR import the sport-hunted trophy of one was/were submitted to satisfy male bontebok (Damaliscus pygargus requirements of the Endangered Species Bureau of Indian Affairs dorcas) culled from a captive herd Act of 1973, as amended (16 U.S.C. maintained under the management 1531, et seq.) and/or the Marine Submission of Information Collection program of the Republic of South Africa, Mammal Protection Act of 1972, as to the Office of Management and for the purpose of enhancement of the amended (16 U.S.C. 1361, et seq.), and Budget (OMB) for Review Under the survival of the species. the regulations governing endangered Paperwork Reduction Act species (50 CFR part 17) and/or marine PRT–077297 AGENCY: Bureau of Indian Affairs, mammals (50 CFR part 18). Written Interior. Applicant: Greg J. Gallacher, Wantagh, data, comments, or requests for copies ACTION: Notice. NY of the complete applications or requests The applicant requests a permit to for a public hearing on these SUMMARY: As required by the Paperwork import the sport-hunted trophy of one applications should be submitted to the Reduction Act of 1995, this notice male bontebok (Damaliscus pygargus Director (address above). Anyone announces that the Information dorcas) culled from a captive herd requesting a hearing should give Collection Request for the Payment for maintained under the management specific reasons why a hearing would be Appointed Counsel in Involuntary program of the Republic of South Africa, appropriate. The holding of such a Indian Child Custody Proceedings in for the purpose of enhancement of the hearing is at the discretion of the State courts has been submitted to the survival of the species. Director. Office of Management and Budget for review and renewal. This information PRT–049136 PRT–077812 collection is cleared under OMB Control Applicant: Philip J. Gaines, Davis, CA Applicant: Charles J. Grossman/Xavier Number 1076–0111. The applicant requests a permit to University, Cincinnati, OH DATES: Written comments must be import the sport-hunted trophy of one The applicant requests amendment of submitted on or before November 17, male bontebok (Damaliscus pygargus their permit to conduct auditory 2003. dorcas) culled from a captive herd response research on captive held and ADDRESSES: Comments should be maintained under the management or captive born manatees (Trichechus submitted to the Desk Officer for the program of the Republic of South Africa, manatus latirosis), to include more then Department of the Interior, Office of for the purpose of enhancement of the two specimens and broadened scope Management and Budget, either by survival of the species. including response to playback sounds facsimile at (202) 395–6566 or you may PRT–076576 of motor boats, manatee vocalizations, send an e-mail to: etc., in captivity. This notification [email protected] Applicant: George H. Brannen, covers activities to be conducted by the Please send a copy of your comments Inverness, FL applicant through June 18, 2005. to Larry Blair, Office of Tribal Services, The applicant requests a permit to Concurrent with the publication of Bureau of Indian Affairs, 1951 import the sport-hunted trophy of one this notice in the Federal Register, the Constitution Avenue, NW., MS–320– male bontebok (Damaliscus pygargus Division of Management Authority is SIB, Washington, DC 20240. dorcas) culled from a captive herd forwarding a copy of the above FOR FURTHER INFORMATION CONTACT: maintained under the management application to the Marine Mammal Larry Blair (202) 513–7621. program of the Republic of South Africa, Commission and the Committee of SUPPLEMENTARY INFORMATION: for the purpose of enhancement of the Scientific Advisors for their review. survival of the species. I. Abstract PRT–077783 PRT–067307 A State court that appoints counsel for an indigent Indian parent or Indian Applicant: Shark Reef at Mandalay Bay, Applicant: Julian Alfredo, Vancouver, WA custodian in an involuntary Indian Las Vegas, NV child custody proceeding in a State The applicant requests amendment of The applicant requests a permit to court may send written notice to the their permit for interstate commerce to import a polar bear (Ursus maritimus) Bureau of Indian Affairs (Bureau) when obtain three live, captive born Komodo sport hunted from the Norwegian Bay appointment of counsel is not monitors (Varanus komodoensis) from polar bear population in Canada for authorized by State law. The cognizant the Miami Metro Zoo. The applicant personal use. Bureau Regional Director uses this now indicates that only two specimens PRT–077954 information to decide whether to certify will be available from Miami with the that the client in the notice is eligible to third captive born animal to be obtained Applicant: Richard Guy Ferrara, South have his counsel compensated by the based on AZA SSP recommendation Bend, IN Bureau in accordance with the Indian from an institution yet to be designated. The applicant requests a permit to Child Welfare Act, Public Law 95–608. The purpose will remain enhancement import a polar bear (Ursus maritimus) On June 9, 2003, the Department of of the survival of the species through sport hunted from the Southern the Interior published a notice in the both conservation education and in-situ Beaufort Sea polar bear population in Federal Register (68 FR 34413) conservation. Canada for personal use. requesting public comments on the proposed information collection. The Endangered Marine Mammals and Dated: October 3, 2003. Marine Mammals comment period ended August 8, 2003. Charles S. Hamilton, No comments were received. The public is invited to comment on Senior Permit Biologist, Branch of Permits, the following application(s) for a permit Division of Management Authority. II. Method of Collection to conduct certain activities with [FR Doc. 03–26235 Filed 10–16–03; 8:45 am] The following information is collected endangered marine mammals and/or BILLING CODE 4310–55–P from State courts in order to certify
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payment of appointed counsel in is submitted to obtain or retain a benefit; reasons for the collection are listed in involuntary Indian child custody i.e., payment for appointed counsel. The the following table: proceedings. The information collection
Information collected Reason for collection
(a) Name, address and telephone number of attorney appointed ...... (a) To identify attorney appointed as counsel and method of contact. (b) Name and address of client for whom counsel is appointed ...... (b) To identify indigent party in an Indian child custody proceeding for whom counsel is appointed. (c) Applicant’s relationship to child ...... (c) To determine if the person is eligible for payment of attorney fees as specified in Public Law 95–608. (d) Name of Indian child’s tribe ...... (d) To determine if the child is a member of a federally recognized tribe and is covered by the Indian Child Welfare Act (ICWA). (e) Copy of petition or complaint ...... (e) To determine if this custody proceeding is covered by the ICWA. (f) Certification by the court that State law does not provide for appoint- (f) To determine if other State laws provide for such appointment of ment of counsel in such proceedings. counsel and to prevent duplication of effort. (g) Certification by the court that the Indian client is indigent ...... (g) To determine if the client has resources to pay for counsel. (h) The amount of payments due counsel utilizing the same procedures (h) To determine if the amount of payment due appointed counsel is used to determine expenses in juvenile delinquency proceedings. based on State court standards in juvenile delinquency proceedings. (i) Approved vouchers with court certification that the amount requested (i) To determine the amount of payment considered reasonable in ac- is reasonable considering the work and the criteria used for deter- cordance with State standards for a particular case. mining fees and expenses for juvenile delinquency proceedings.
Proposed use of the information: The Estimated Total Annual Burden disclosing and providing information; to information collected will be used by Hours: 12 hours. train personnel and to be able to the respective Bureau Regional Director Estimated Annual Costs: $540.00 (12 respond to a collection of information, to determine: hours × $45.00 per hour). to search data sources, to complete and (a) If an individual Indian involved in (3) Description of the need for the review the collection of information; an Indian child custody proceeding is information and proposed use of the and to transmit or otherwise disclose eligible for payment of appointed information: Submission of this the information. counsel’s attorney fees; information is required in order to The comments, names and addresses (b) If any State statutes provide for receive payment for appointed counsel of commenters will be available for coverage of attorney fees under these under 25 CFR 23.13. The information is public view during regular business circumstances; collected to determine applicant hours. If you wish us to withhold this (c) The State standards for payment of eligibility for services. information, you must state this attorney fees in juvenile delinquency prominently at the beginning of your IV. Request for Comments proceedings; and, comment. We will honor your request to (d) The name of the attorney, and his The Department of the Interior invites the extent allowable by law. actual voucher certified by the court for comment on: An agency may not conduct or the work completed on a preapproved (a) Whether the collection of sponsor, and a person is not required to case. This information is required for information is necessary for the proper respond to a collection of information payment of appointed counsel as performance of the functions of the unless it displays a currently valid authorized by Public Law 95–608. agency, including whether the Office of Management and Budget information will have practical utility; control number. III. Data (b) the accuracy of the agency’s Dated: September 3, 2003. estimate of the burden (including hours (1) Title of the Collection of Aurene M. Martin, Information: The Department of the and cost) of the proposed collection of Acting Assistant Secretary—Indian Affairs. Interior, Bureau of Indian Affairs, information, including the validity of Payment for Appointed Counsel in the methodology and assumptions used; [FR Doc. 03–26288 Filed 10–16–03; 8:45 am] Involuntary Indian Child Custody (c) ways to enhance the quality, BILLING CODE 4310–4J–P Proceedings in State Courts, 25 CFR utility, and clarity of the information to 23.13. be collected; and DEPARTMENT OF THE INTERIOR OMB Control Number: 1076–0111. (d) ways to minimize the burden of Type of Review: Extension of a the collection of information on those Bureau of Land Management currently-approved collection. who are to respond, including through Affected Entities: State courts and the use of appropriate automated, [1610 DP 001H] individual Indians eligible for payment electronic, mechanical, or other of attorney fees pursuant to 25 CFR collection techniques or other forms of Notice of Availability of the Draft Upper 23.13 in order to obtain a benefit. information technology. Deschutes Resource Management Plan Estimated number of respondents: 4. Burden means the total time, effort, or and Draft Environmental Impact Proposed frequency of response: 1. financial resources expended by persons Statement (2) Estimate of total annual reporting to generate, maintain, retain, disclose or AGENCY: Bureau of Land Management, and record keeping burden that will provide information to a federal agency. Interior. result from the collection of this This includes the time needed to review ACTION: Notice of availability. information: 12 hours. instructions; to develop, acquire, install Reporting: 2 hours per response × 4 and utilize technology and systems for SUMMARY: In accordance with the respondents = 8 hours. the purpose of collecting, validating, Federal Land Policy and Management Recordkeeping: 1 hour per response × and verifying information, processing Act and the National Environmental 4 respondents = 4 hours. and maintaining information, and Policy Act, a Draft Resource
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Management Plan/Environmental Sisters, and Madras, east to Ochoco and ACTION: Notice of intent. Impact Statement (DRMP/EIS) has been Prineville Reservoirs, and south to the prepared for the Upper Deschutes Deschutes National Forest boundary. SUMMARY: In accordance with the planning area of the Prineville District. The planning effort was first initiated in Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), as DATES: Written comments on the DRMP/ 1995 as the Urban Interface EIS and was EIS will be accepted for 90 days reinitiated in October 2001 with the amended; the National Environmental following the date the Environmental publication of the Upper Deschutes Policy Act of 1969 (NEPA) (42 U.S.C. Protection Agency publishes the Notice Resource Management Plan Analysis of 4321), as amended; and the Council on of Availability in the Federal Register. the Management Situation (AMS). Environmental Quality (CEQ) Future meetings or hearings and any The Upper Deschutes Resource regulations (40 CFR parts 1500–1508), other public involvement activities will Management Plan will supersede and the Bureau of Land Management (BLM) be announced at least 15 days in revise portions of the Brothers-La Pine will prepare a Programmatic advance through public notices, media Resource Management Plan (1989) and Environmental Impact Statement (EIS) new releases, and/or mailings. the Two Rivers Resource Management to evaluate issues associated with wind energy development on western public ADDRESSES: Written comments should Plan (1986). Some management lands (excluding Alaska) administered be sent to: Prineville District Office, direction would clarify or improve by the BLM. ATTN: Teal Purrington. Comments management direction within the submitted by electronic mail should be Middle Deschutes and Lower Crooked DATES: The BLM will accept written sent to: River Wild and Scenic River Plans. The comments on the scope of the [email protected]. Upper Deschutes Resource Management Programmatic EIS postmarked by Individual respondents may request Plan will also incorporate strategies and December 19, 2003, and electronic or confidentiality. direction identified in the National and faxed comments received by December If you wish to withhold your name or Central Oregon Fire Management Plan. 19, 2003. street address from public review or The following local, state, or Federal The BLM will hold public scoping from disclosure under the Freedom of Governments are Cooperative Agencies meetings to obtain comments for the Information Act, you must state this for the DRMP/EIS: Deschutes County, Programmatic EIS at the locations and prominently at the beginning of your City of Redmond, Oregon Military dates specified in the SUPPLEMENTARY Department, Oregon Department of written comment. Such request will be INFORMATION section of this notice. Transportation, and the Federal honored to the extent allowed by law. ADDRESSES: You may submit comments Highway Department. by the following methods: All submissions from organizations and A no action alternative and six businesses, and from individuals Written: BLM Wind Energy ‘‘action’’ alternatives were developed Programmatic EIS Scoping, Argonne identifying themselves as using a community-based collaboration representatives or officials of National Laboratory EAD/900, 9700 S. strategy. The Resource Management Cass Avenue, Argonne, IL 60439. organizations or businesses, will be Plan provides future broad-scale available for public inspection in their Web site: windeis.anl.gov management direction for land use Fax: 1–866–542–5903 entirety. allocations and allowable uses on public Copies of the DRMP/EIS (or an FOR FURTHER INFORMATION, CONTACT: lands within the planning area. The For executive summary) have been sent to DEIS examines seven alternatives that general information, including approximately 1,000 affected federal, respond to the significant issues information on how to comment, you state and local agencies, tribal identified during scoping. These issues may contact Lee Otteni, Bureau of Land governments and interested members of include: Ecosystem Health, Land Uses, Management, Farmington Field Office, the public. Copies of the Upper Recreation, Land Ownership, 1235 La Plata Highway, Suite A, Deschutes Draft Resource Management Transportation and Utility Corridors, Farmington, NM 87401, (505) 599–8911 Plan and Environmental Impact and Public Health and Safety. or visit the Wind Energy Development Statement are available in the Prineville Alternative 7 has been identified as the Programmatic EIS Web site at District Office at the above address Preferred Alternative. windeis.anl.gov. during normal working hours (8 a.m. to SUPPLEMENTARY INFORMATION: 4:30 p.m.) Copies may also be obtained Dated: August 12, 2003. at public libraries located in Bend, Elaine M. Brong, Meetings Redmond, Prineville, Sisters, and State Director, Oregon–Washington USDI– The BLM will hold public scoping Madras. Copies of the Draft Resource Bureau of Land Management. meetings to obtain comments for the Management Plan and Environmental [FR Doc. 03–24809 Filed 10–16–03; 8:45 am] Programmatic EIS at the following Impact Statement and associated maps BILLING CODE 4310–33–P locations on the dates specified below: are also available on-line at: Sacramento, California: Monday, www.or.blm.gov/Prineville/ _ DEPARTMENT OF THE INTERIOR November 3, 2003 Deschutes RMP/Home.html. Salt Lake City, Utah: Wednesday, FOR FURTHER INFORMATION CONTACT: Bureau of Land Management November 5, 2003 Mollie Chaudet, Project Manager, Cheyenne, Wyoming: Wednesday, Prineville District, Prineville, Oregon [WO–350–1430–PB] November 12, 2003 (541) 416–6872. Las Vegas, Nevada: Tuesday, November Notice of Intent To Prepare a SUPPLEMENTARY INFORMATION: 18, 2003 The area Programmatic Environmental Impact covered by the DRMP/EIS includes Boise, Idaho: Thursday, November 20, Statement (EIS) To Evaluate Wind 2003 approximately 400,000 acres of public Energy Development on Western domain lands in portions of Deschutes, Public Lands Administered by the BLM will announce all public Crook, Jefferson, and Klamath Counties Bureau of Land Management meetings through the local media, in central Oregon. The planning newsletters, and the project Web site boundary extends roughly north AGENCY: Bureau of Land Management, (windeis.anl.gov) at least 15 days prior between the communities of La Pine, Interior. to the meeting.
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Comments energy development on public lands, and Record of Decision will be The public is encouraged to contact including the establishment of a completed in approximately 24 months the BLM with information and national wind energy program and and will include public and agency comments on specific issues it believes policy. The BLM currently administers scoping; coordination and consultation BLM should address in the numerous wind energy right-of-way with Federal, State, and local agencies Programmatic EIS. The agency requests authorizations on lands in several and tribal governments; publication of a information and comments on resources western states and has received a large draft EIS; public review of the draft EIS; number of new project proposals. The in the western United States that wind and publication of a final EIS and BLM has issued interim wind energy energy development may impact. Record of Decision. As currently development policy (Instruction Comments may be in terms of broad envisioned, the Programmatic EIS will Memorandum No. 2003–020) that areas or restricted to specific areas of pay special attention to the resources establishes requirements for wind concern. energy site monitoring and testing listed below as we understand they are After gathering public comments on activities and full commercial significant issues associated with wind what issues BLM should address in the development activities. Under the energy development: Programmatic EIS, the BLM will interim policy industry is required to identify and provide rationale on those Wildlife and wildlife habitat including conduct appropriate levels of issues we will address in the EIS or avian impacts, environmental review before BLM will those issues beyond the scope of the issue a right-of-way authorization for Proximity to military activities, EIS. In addition to the major issues, either monitoring and testing or full Visual environment, and BLM will address a number of commercial development. management questions and concerns in Proximity to wilderness or other special The BLM has determined that the management areas. the Programmatic EIS. The public is establishment of a national wind energy encouraged to help identify these program and additional related policy The Programmatic EIS will also questions and concerns during the would be a major federal action as address the indirect and cumulative public scoping period. defined by the NEPA and, thus, the impacts associated with wind energy Scoping comments will be available BLM will prepare a Programmatic EIS. development on a wide range of other for public review approximately 45 days This NOI provides public notice of resource issues. following closure of the scoping period. preparation of the Programmatic EIS The Programmatic EIS will describe Scoping comments will be posted on the and announces the opportunity for the wind energy technologies, activities Internet (windeis.anl.gov). You may also public to provide comments relating to undertaken for site monitoring and view the public scoping comments at the preparation, scope, and content of the Argonne National Laboratory, 1200 the Programmatic EIS. evaluation, activities undertaken for full Internationale Parkway, Woodridge, IL The Programmatic EIS will address commercial development, and the 60517, Monday through Friday, 9 a.m. the possible amendment of individual distribution of wind energy resources on to 11:30 a.m., except holidays. To land use plans to address future a regional scale. The Programmatic EIS ensure easy access to the comments at development of wind energy resources will also describe the impact associated Argonne’s offices, we ask that you on BLM-administered lands. BLM will with current technologies, monitoring, contact the Document Retrieval Center develop a reasonably foreseeable and mitigation measures and constraints at (630) 252–4587 prior to your visit. development scenario to define the relevant to wind energy development. It Visitors to Argonne will be escorted at magnitude of future wind energy will include a statement of the purpose all times and will be issued a temporary development activities and to identify and need for the proposed action, badge; specific arrangements must be which land use plans might be including the effect of wind energy made for visitors who are not U.S. amended. Examples of possible development on the nation’s energy citizens. amendments to land use plans include supply, economy, and energy security. Individual respondents may request the: confidentiality. If you wish BLM to (1) Adoption of stipulations (e.g., The BLM will work collaboratively withhold your name or street address, wildlife management guidelines) with interested parties to identify the except for the city or town, from public applicable to wind energy development management decisions that are best view or from disclosure under the projects, and suited to local, regional, and national Freedom of Information Act, you must (2) Designation of lands for needs and concerns. Early participation state this prominently at the beginning competitive leasing of wind energy is encouraged and will help determine of your written comment. We will honor resources. the future management of the public requests to the extent allowed by law. BLM will include in the scope of this lands. In addition to the ongoing public All submissions from organizations or analysis all BLM-administered lands in participation process, we will provide businesses, and from individuals the western United States, excluding opportunities for formal participation identifying themselves as Alaska. The Programmatic EIS will also through comment on the alternatives representatives or officials of address the no-action alternative of not and upon publication of the draft EIS. organizations or businesses, will be establishing national wind energy available for public inspection in their policies or amending land use plans. Ray Brady, entirety. Under the no-action alternative, BLM Group Manager, Lands and Realty. will continue to allow wind energy [FR Doc. 03–26123 Filed 10–16–03; 8:45 am] Background Information development in accordance with the BILLING CODE 4310–84–P In response to recommendations requirements of the interim policy, contained in the President’s National Instruction Memorandum No. 2003– Energy Policy that encourages the 020. BLM may develop other development of renewable energy alternatives as a result of scoping. resources, the BLM is undertaking The BLM anticipates that the Wind efforts to evaluate additional wind Energy Development Programmatic EIS
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DEPARTMENT OF THE INTERIOR your subject line and mark your the spill-response plans and to witness message for return receipt. Include your spill-response exercises; Minerals Management Service name and return address in your • Assess the sufficiency and message text. availability of contractor equipment and Agency Information Collection FOR FURTHER INFORMATION CONTACT: materials; Activities: Submitted for Office of Arlene Bajusz, Rules Processing Team, • Verify that sufficient quantities of Management and Budget (OMB) (703) 787–1600. You may also contact Review; Comment Request equipment are available and in working Arlene Bajusz to obtain a copy, at no order; cost, of the regulations that require the AGENCY: Minerals Management Service • Oversee spill-response efforts and subject collection of information. (MMS), Interior. maintain official records of pollution ACTION: Notice of extension of an SUPPLEMENTARY INFORMATION: events; and information collection (1010–0091). Title: 30 CFR part 254, Oil-Spill • Response Requirements for Facilities Assess the efforts of owners/ SUMMARY: To comply with the Located Seaward of the Coast Line. operators to prevent oil spills or prevent Paperwork Reduction Act of 1995 OMB Control Number: 1010–0091. substantial threats of such discharges. (PRA), we are notifying the public that Abstract: The Federal Water Pollution No proprietary, confidential, or we have submitted to OMB an Control Act, as amended by the Oil sensitive information is collected. information collection request (ICR) to Pollution Act of 1990 (OPA), requires However, we will protect any renew approval of the paperwork that a spill-response plan be submitted information from respondents requirements in the regulations under for offshore facilities prior to February considered proprietary under the 30 CFR part 254, ‘‘Oil-Spill Response 18, 1993. The OPA specifies that after Freedom of Information Act (5 U.S.C. Requirements for Facilities Located that date, an offshore facility may not 552) and its implementing regulations Seaward of the Coast Line.’’ This notice handle, store, or transport oil unless a (43 CFR part 2) and under regulations at also provides the public a second plan has been submitted. This authority 30 CFR parts 250, 251, and 252. opportunity to comment on the and responsibility have been delegated Responses are mandatory or required to paperwork burden of these regulatory to the Minerals Management Service obtain or retain a benefit. requirements. (MMS). Regulations at 30 CFR part 254 Frequency: On occasion and annual. establish requirements for spill-response DATES: Submit written comments by Estimated Number and Description of plans for oil-handling facilities seaward Respondents: Approximately 197 November 17, 2003. of the coast line, including associated owners or operators of facilities located ADDRESSES: You may submit comments pipelines. either by fax (202) 395–6566 or email MMS uses the information collected in both State and Federal waters _ (OIRA [email protected]) directly under 30 CFR part 254 to determine seaward of the coast line. to the Office of Information and compliance with OPA by owners/ Estimated Reporting and Regulatory Affairs, OMB, Attention: operators. Specifically, MMS needs the Recordkeeping ‘‘Hour’’ Burden: The Desk Officer for the Department of the information to: estimated annual ‘‘hour’’ burden for this Interior (1010–0091). Mail or hand carry • Determine effectiveness of the spill- information collection is a total of a copy of your comments to the response capability of owners/operators; 38,322 hours. The following chart Department of the Interior; Minerals • Review plans prepared under the details the individual components and Management Service; Attention: Rules regulations of a State and submitted to estimated hour burdens. In calculating Processing Team; Mail Stop 4024; 381 MMS to satisfy the requirements of this the burdens, we assumed that Elden Street; Herndon, Virginia 20170– rule to ensure that they meet minimum respondents perform certain 4817. If you wish to e-mail your requirements of OPA; requirements in the normal course of comments to MMS, the address is: • Verify that personnel involved in their activities. We consider these to be [email protected]. Reference oil-spill response are properly trained usual and customary and took that into Information Collection 1010–0091 in and familiar with the requirements of account in estimating the burden.
Average No. Annual Citation 30 CFR 254 Reporting requirement Hour annual burden burden responses hours
254.1(a) thru (d); 254.2(a); 254.3 thru 254.5; Submit spill response plan for OCS facilities and 120 25 new plans 3,000 254.7; 254.20 thru 254.29; related documents. 254.44(b) ...... 254.1(e) ...... Request MMS jurisdiction over facility landward of 0.5 2 requests .... 1 coast line (no recent request received). 254.2(b) ...... Submit certification of capability to respond to 15 1 certification 15 worst case discharge or substantial threat of such. 254.2(c); 254.30 ...... Submit revised spill response plan for OCS facili- 36 174 revised 6,264 ties at least every 2 years. plans. 254.2(c) ...... Request deadline extension for submission of re- 4 10 ...... 40 vised plan. 254.8 ...... Appeal MMS orders or decisions ...... Burden covered under 30 0 CFR 290 (1010–0121). 254.42(f) ...... Inform MMS of the date of any exercise (triennial) 1 158 notifica- 158 tions. 254.46(a) ...... Notify NRC of all oil spills from owner/operator fa- Burden would be included 0 cility. in the NRC inventory.
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Average No. Annual Citation 30 CFR 254 Reporting requirement Hour annual burden burden responses hours
254.46(b) ...... Notify MMS of oil spills of one barrel or more from 2 60 notifica- 120 owner/operator facility; submit followup report. tions & re- ports. 254.46(c) ...... Notify MMS & responsible party of oil spills from 2 24 notifica- 48 operations at another facility. tions. 254.50; 254.51 ...... Submit response plan for facility in State waters 42 10 plans...... 420 by modifying existing OCS plan. 254.50; 254.52 ...... Submit response plan for facility in State waters 100 9 plans...... 900 following format for OCS plan. 254.50; 254.53 ...... Submit response plan for facility in State waters 89 18 plans...... 1,602 developed under State reqmts. 254.54 ...... Submit description of oil-spill prevention proce- 5 36 submis- 180 dures. sions.
Subtotal—Reporting ...... 527.
254.40 ...... Make records of all OSRO-provided services, 5 20 ...... 100 equipment, personnel available to MMS.
254.41 ...... Conduct annual training; retain training records for 50 180 owners/ 9,000 2 years. operators. 254.42(a) thru (e) ...... Conduct triennial response plan exercise; retain 1101 31 exercises 14,410 exercise records for 3 years. 254.43 ...... Inspect response equipment monthly; retain in- 3.5 42 inspec- 1,764 spection & maintenance records for 2 years. tions x 12 months = 504. 254.1 thru 254.54 ...... General departure or alternative compliance re- 50 6 ...... 300 quests not specifically covered elsewhere in part 254.
Subtotal—Recordkeeping ...... 841 Record- keepers (RKs).
Total Hour Burden ...... 1,368 Re- 38,322 sponses/ RKs.
Estimated Reporting and usefulness, and clarity of the but may respond after 30 days. Recordkeeping ‘‘Non-Hour Cost’’ information to be collected; and (d) Therefore, to ensure maximum Burden: We have identified no non-hour minimize the burden on the consideration, OMB should receive cost burdens for this collection. respondents, including the use of public comments by November 17, Public Disclosure Statement: The PRA automated collection techniques or 2003. (44 U.S.C. 3501, et seq.) provides that an other forms of information technology. Public Comment Policy: MMS agency may not conduct or sponsor a To comply with the public practice is to make comments, including collection of information unless it consultation process, on April 24, 2003, names and home addresses of displays a currently valid OMB control we published a Federal Register notice respondents, available for public review number. Until OMB approves a (68 FR 20168) announcing that we during regular business hours. collection of information, you are not would submit this ICR to OMB for Individual respondents may request that obligated to respond. approval. The notice provided the their home address be withheld from Comments: Section 3506(c)(2)(A) of required 60-day comment period. In the record, which will be honored to the the PRA (44 U.S.C. 3501, et seq.) addition, § 254.9 displays the OMB extent allowable by the law. If you wish requires each agency ‘‘* * * to provide control number, specifies that the public your name and/or address to be notice * * * and otherwise consult may comment at anytime on the withheld, you must state this with members of the public and affected collection of information required in the prominently at the beginning of your agencies concerning each proposed 30 CFR part 254 regulations, and comment. However, anonymous collection of information * * *’’ provides the address to which they comments will not be considered. MMS Agencies must specifically solicit should send comments. We have will make all submissions from comments to: (a) Evaluate whether the received no comments in response to organizations or businesses, and from proposed collection of information is those efforts. individuals identifying themselves as necessary for the agency to perform its If you wish to comment in response representatives or officials of duties, including whether the to this notice, you may send your organizations or businesses, available information is useful; (b) evaluate the comments to the offices listed under the for public inspection in their entirety. accuracy of the agency’s estimate of the ADDRESSES section of this notice. OMB MMS Information Collection burden of the proposed collection of has up to 60 days to approve or Clearance Officer: Denise Johnson, (202) information; (c) enhance the quality, disapprove the information collection 208–3976.
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Dated: July 22, 2003. may also be constructed to de-water 3. Ratification List. E.P. Danenberger, alternate sides of the river during 4. Inv. Nos. 731–TA–1054–1055 Chief, Engineering and Operations Division. dredging activities. The EA provides (Preliminary) (Light-Walled Rectangular [FR Doc. 03–26326 Filed 10–16–03; 8:45 am] details of the action, explains the Pipe and Tube from Mexico and BILLING CODE 4310–MR–P purpose and need for the action, and Turkey)—briefing and vote. (The assesses the potential impacts of the Commission is currently scheduled to Proposed Action. The EA also analyzes transmit its determination to the INTERNATIONAL BOUNDARY AND the No Action Alternative. On the basis Secretary of Commerce on October 24, WATER COMMISSION UNITED of the Draft EA, the United States 2003; Commissioners’ opinions are STATES AND MEXICO Section has determined that an currently scheduled to be transmitted to environmental impact statement is not the Secretary of Commerce on or before Notice of Availability of a Draft required to implement the proposed October 31, 2003.) Environmental Impact Statement and action and hereby provides notice of a 5. Outstanding action jackets: None. Draft Finding of No Significant Impact finding of no significant impact. An In accordance with Commission for Sediment Removal Downstream of environmental impact statement will policy, subject matter listed above, not Retamal Diversion Dam, in the Lower not be prepared unless additional disposed of at the scheduled meeting, Rio Grande Flood Control Project, information which may affect this may be carried over to the agenda of the located in Hidalgo County, TX decision is brought to our attention following meeting. within thirty (30) days of the date of this AGENCY: United States Section, Issued: October 15, 2003. Notice. International Boundary and Water By order of the Commission. The Draft EA and Draft Finding of No Commission, United States and Mexico. Marilyn R. Abbott, Significant Impact have been sent to the ACTION: Notice of Availability of Draft Environmental Protection Agency and Secretary to the Commission. Environmental Assessment (EA) and various federal, state, and local agencies [FR Doc. 03–26393 Filed 10–15–03; 12:36 Draft Finding of No Significant Impact and interested parties. The Draft EA and pm] (FONSI). Draft FONSI are available under BILLING CODE 7020–02–P SUMMARY: Pursuant to Section 102(2)(c) ‘‘What’s New?’’ on the USIBWC Home Page at www.ibwc.state.gov; the of the National Environmental Policy INTERNATIONAL TRADE reference desk at the public libraries in Act of 1969; the Council on COMMISSION Environmental Quality Final Weslaco or Harlingen, TX; or at the Regulations (40 CFR parts 1500 through USIBWC Mercedes Field Office at 325 [USITC SE–03–032] 1508); and the U.S. Section’s Golf Course Road, Mercedes, TX 78570. Operational Procedures for DATES: Written comments on the Draft Sunshine Act Meeting EA and Draft FONSI will be accepted Implementing Section 102 of NEPA, AGENCY HOLDING THE MEETING: through November 17, 2003. published in the Federal Register International Trade Commission. September 2, 1981, (46 FR 44083); the ADDRESSES: Written comments and TIME AND DATE: October 22, 2003 at 11 U.S. Section hereby gives notice that the inquiries on the Draft FONSI and Draft a.m. Draft Environmental Assessment and EA should be directed to Mr. Daniel Draft Finding of No Significant Impact Borunda, 4171 N. Mesa, Suite C–100, El PLACE: Room 101, 500 E Street SW., for Sediment Removal Downstream of Paso, Texas 79902. Phone: (915) 832– Washington, DC 20436, Telephone: Retamal Diversion Dam, in the Lower 4701, Fax: (915) 832–4167, e-mail: (202) 205–2000. Rio Grande Flood Control Project, [email protected]. STATUS: Open to the public. located in Hidalgo County, Texas are Dated: October 7, 2003. MATTERS TO BE CONSIDERED: available. 1. Agenda for future meetings: None. The project includes dredging the Mario Lewis, General Counsel. 2. Minutes. sediment and beneficially use or 3. Ratification List. [FR Doc. 03–25980 Filed 10–16–03; 8:45 am] dispose of all the material on vacant 4. Inv. No. 731–TA–1022 (Final) Mexican Federal Government land BILLING CODE 4710–03–P (Refined Brown Aluminum Oxide From adjacent to the river at the dredging China)—briefing and vote. (The location. The size of the project area is Commission is currently scheduled to approximately 4.94 acres, which INTERNATIONAL TRADE transmit its determination and includes 2.1 acres of wetland. The EA COMMISSION Commissioners’ opinions to the analyzes potential impacts from [USITC SE–03–033] Secretary of Commerce on or before dredging approximately 54,000 cubic November 3, 2003.) yards of sediment material, either Sunshine Act Meeting 5. Outstanding action jackets: None. hydraulically or mechanically, during In accordance with Commission the non-irrigation season between AGENCY HOLDING THE MEETING: policy, subject matter listed above, not September and February when water International Trade Commission. disposed of at the scheduled meeting, levels in the Rio Grande are maintained TIME AND DATE: October 24, 2003 at 11 may be carried over to the agenda of the at lower levels. Construction activities a.m. following meeting. include transporting dredged materials to dewatering cells on the Mexican PLACE: Room 101, 500 E Street SW., Issued: October 15, 2003. riverbank. A hydraulic piping system Washington, DC 20436, Telephone: By order of the Commission. may be set up to transport the slurry (202) 205–2000. Marilyn R. Abbott, mix directly to the final disposal area or STATUS: Open to the public. Secretary to the Commission. the materials may be transported by MATTERS TO BE CONSIDERED: [FR Doc. 03–26394 Filed 10–15–03; 12:36 trucks provided by Mexico, depending 1. Agenda for future meetings: None. pm] on the disposal method. A coffer dam 2. Minutes. BILLING CODE 7020–02–P
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DEPARTMENT OF JUSTICE public comment period, the proposed idling trucks at the Paulsboro Travel Consent Judgment may also be Central on Interstate 295 in New Jersey. Notice of Lodging of Consent examined on the following Department New Jersey joined in the settlement as Judgment Pursuant to Comprehensive of Justice Web site, http:// a co-plaintiff and co-signatory to the Environmental Response, www.usdoj.gov/enrd/open.html. A copy Consent Decree. Compensation, and Liability Act of the proposed Consent Judgment may The Department of Justice will receive be obtained by mail from the Consent for a period of thirty (30) days from the Notice is hereby given that on Decree Library, P.O. Box 7611, U.S. date of this publication comments September 30, 2003, a proposed Consent Department of Justice, Washington, DC relating to the Consent Decree. Judgment in United States v. City of 20044–7611 or by faxing or e-mailing a Comments should be addressed to the Glen Cove, et al., Civil Action No. CV– request to Tonia Fleetwood Assistant Attorney General, 03–4975, was lodged with the United ([email protected]), fax no. Environment and Natural Resources States District Court for the Eastern (202) 514–0097, phone confirmation Division, P.O. Box 7611, U.S. District of New York. number (202) 514–1547. If requesting a Department of Justice, Washington, DC The Proposed Consent Judgment will copy of the proposed Consent Judgment, 20044–7611, and should refer to United resolve the United States’ claims under please so note and enclose a check in States and New Jersey v. Coastal Eagle the Comprehensive Environmental the amount of $14.25 (25 cent per page Point Refining Co., D.J. Ref. No. 90–5– Response, Compensation, and Liability reproduction cost) payable to the U.S. 2–1–08096. Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., Treasury. The Consent Decree may be examined on behalf of the U.S. Environmental at the Office of the United States Protection Agency (‘‘EPA’’) against Ronald Gluck, Attorney, 401 Market St., 4th Floor, defendants City of Glen Cove (‘‘City’’), Assistant Chief, Environmental Enforcement Camden, NJ 08101, and at U.S. EPA and Wah Chang Smelting and Refining Section, Environment and Natural Resources Region 2, 290 Broadway, New York, Company of America, Inc. (‘‘WCSRCA’’) Division. New York, 10007–1866. During the in connection with the Li Tungsten [FR Doc. 03–26248 Filed 10–16–03; 8:45 am] public comment period, the Consent Superfund Site in Glen Cove, New York. BILLING CODE 4410–15–M Decree may also be examined on the The proposed Consent Judgment also following Department of Justice Web resolves the potential contribution site, http://www.usdoj.gov/enrd/ DEPARTMENT OF JUSTICE liability of four Settling Federal open.html. A copy of the Consent Agencies, the Department of Defense, Notice of Lodging of Consent Decree Decree may also be obtained by mail the General Services Administration, Under the Clean Air Act from the Consent Decree Library, P.O. the Department of Commerce, and the Box 7611, U.S. Department of Justice, Department of the Treasury, to the City Under 28 CFR 50.7, notice is hereby Washington, DC 20044–7611 or by and WCSRCA. Pursuant to the Consent given that on September 30, 2003, a faxing or e-mailing request to Tonia Judgment, based on their respective Consent Decree in United States and Fleetwood ([email protected]), ability to pay, the City will pay $1.6 New Jersey v. Coastal Eagle Point Oil fax number (202) 514–0097, phone million (in addition to the $3.6 million Co., Civil Action No. 1:03cv04525 (JHR) confirmation number (202) 514–1547. In in funds and in-kind services it has was lodged with the United States requesting a copy from the Consent already provided to EPA) and WCSRCA District Court for the District of New Decree Library, please enclosed a check will pay $700,000 to a Li Tungsten Site Jersey. in the amount of $32.00 (25 Cents per Special Account within the Superfund. In a complaint that was filed page reproduction cost) payable to the The United States, on behalf of the simultaneously with the Consent U.S. Treasury. Settling Federal Agencies, will pay $20 Decree, the United States and New million to the Special Account, and Jersey sought injunctive relief and Robert D. Brook, thereafter be required to make penalties against Coastal Eagle Point Oil Assistant Section Chief, Environmental additional payments in the amount of Co. (‘‘CEOPOC’’), pursuant to sections Enforcement Section, Environment and 51 percent of the amount by which the 113(b) and 304(a) of the Clear Air Act Natural Resources Division. total response costs at the Site exceed (‘‘CAA’’), 42 U.S.C. 7413(b), 7604(a) [FR Doc. 03–26243 Filed 10–16–03; 8:45 am] $39,216,000. (1983), amended by, 42 U.S.C. 7413(b) BILLING CODE 4410–15–M The Department of Justice will receive (Supp. 1991), for alleged CAA and New for a period of thirty (30) days from the Jersey Air Pollution Control Act date of this publication comments violations at CEPOC’s refinery in DEPARTMENT OF JUSTICE relating to the proposed Consent Westville, New Jersey. Notice of Lodging of Consent Decree Judgment. Comments should be Under the settlement, CEPOC will Under Clean Air Act addressed to the Assistant Attorney implement innovative pollution control General of the Environment and Natural technologies to reduce emissions of Under 28 CFR 50.7, notice is hereby Resources Division, Department of nitrogen oxides, sulfur dioxide, and given that on September 30, 2003, the Justice, Washington, DC 20530, and particulate matter from refinery process United States lodged a proposed should refer to United States v. City of units. CEPOC also will adopt facility- consent Decree between the United Glen Cove, et al., Civil Action No. CV– wide enhanced benzene waste States, the Mississippi Commission on 03–4975, D.J. Ref. 90–11–3–06561/2. monitoring and fugitive emission Environmental Quality, the West The proposed Consent Judgment may control programs. In addition, CEPOC Virginia Department of Environmental be examined at the Office of the United will pay a civil penalty of $2.5 million Protection, Ergon Refining, Inc. (‘‘ERI’’), States Attorney, Eastern District of New for settlement of the claims in the and Ergon-West Virginia, Inc. (‘‘EWV’’) York, One Pierrepont Plaza, 14th Fl., United States’ and New Jersey’s with the United States District Court for Brooklyn, New York 11201, and at the complaint. Finally, CEPOC will pay $1 the South District of Mississippi in the United States Environmental Protection million to the Northeast States for case of United States, et al. v. Ergon Agency, Region II, 290 Broadway, New Coordinated Air Use Management to be Refining, Inc. et al., Civil Action No. York, New York 10007–1866. During the used to eliminate diesel emissions from 3:03CV1140WSU.
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In a complaint that was filed The Consent Decree may be examined United States Department of Justice, simultaneously with the Consent at U.S. EPA Region 4, Sam Nunn Environmental and Natural Resources Decree, the United States sought Atlanta Federal Center, 61 Forsyth Division, P.O. Box 23986, Washington, injunctive relief and penalties against Street, SW., Atlanta, Georgia 30303– DC 20026–3986 and refer to United ERI and EWV pursuant to section 113(b) 3104, and U.S. EPA Region 3, 1650 Arch States v. G &R Farms and Robert E. of the Clean Air Act, 42 U.S.C. 7413(b), Street, Philadelphia, Pennsylvania, Dasher (S.D. Ga) CV603–115, DJ #90–5– for alleged Clean Air Act violations at 19103–2029. During the public 1–1–05552. ERI’s refinery located in Vicksburg, comment period, the Consent decree The proposed Consent Decree may be Mississippi, and EWV’s refinery located may be viewed on the following examined at the Clerk’s Office, United in Newell, West Virginia. Department of Justice Web site, http:// States District Court for the Southern Under the settlement, ERI and EWV www.usdoj.gov/enrd/open.html. a copy District of Georgia, Statesboro Division, will implement innovative pollution of the Consent Decree may also be 52 N. Main Street, Statesboro, GA control technologies to greatly reduce obtained by mail from the Consent 30458. In addition, the proposed emissions of nitrogen oxides (‘‘NO2’’), Decree Library, P.O. Box 7611, U.S. Consent Decree may be viewed at sulfur dioxide (‘‘SO2’’), particulate Department of Justice, Washington, DC http://www.usdoj.gov/enrd/open.html. matter (‘‘PM’’), carbon monoxide 20044–7611, or by faxing or emailing a Stephen Samuels, (‘‘CO’’), and benzene from refinery request to Tonia Fleetwood process units and will adopt facility- Assistant Chief, Environmental Defense ([email protected]), fax no. Section, Environment & Natural Resources wide enhanced monitoring and fugitive (202) 514–0097, phone confirmation Division. emission control programs. ERI and number (202) 514–1547. In requesting a [FR Doc. 03–26245 Filed 10–16–03; 8:45 am] EWV have estimated that this injunctive copy from the Consent Decree Library, relief will cost the companies please enclose a check in the amount of BILLING CODE 4410–15–M approximately $8,315,000. ERI will pay $35.50 (25 cents per page reproduction a civil penalty of $138,000, which the cost) payable to the U.S. Treasury. DEPARTMENT OF JUSTICE State of Mississippi will share, and Robert D. Brook, spend more than $80,000 on a Notice of Lodging of a Consent Decree Assistant Chief, Environmental Enforcement supplemental environmental project to Under the Comprehensive make modifications to and purchase Section, Environment and Natural Resources Division. Environmental Response, equipment for the Vicksburg Volunteer Compensation and Liability Act Fire Department. EWV will pay a civil [FR Doc. 03–26247 Filed 10–16–03; 8:45 am] penalty of $111,6000, which the State of BILLING CODE 4410–15–M Under 28 CFR 50.7 and 42 U.S.C. West Virginia will share, and spend 9622(i), notice is hereby given that on October 2, 2003, a proposed Consent more than $167,000 on supplemental DEPARTMENT OF JUSTICE environmental projects by upgrading Decree in United States v. Sidney controls on existing drains, replacing Notice of Lodging Proposed Consent Hasselquist, et al., Civil Action No. four conventional burners with ultra Decree 8:03CV404 was lodged with the United low NOX burners, and purchasing States District Court for the District of equipment for the Newell Volunteer In accordance with Department Nebraska. Fire Department. ERI also will perform Policy, 28 CFR 50.7, notice is hereby In this action the United States sought additional injunctive relief by installing given that a proposed Consent Decree in response costs relating to response a new oil water separator tank for the United States v. G & R Farms, Inc. and actions by the Environmental Protection wastewater treatment system totaling Robert E. Dasher (S.D. Ga.), CV 603–115, Agency (‘‘EPA’’) at the 10th Street approximately $1.5 million. The States was lodged with the United States Superfund Site in Columbus, Nebraska of Mississippi and West Virginia will District Court for the Southern District at which concentrations of join in this settlement as signatories to of Georgia, Stateboro Division, on trichloroethylene and the Consent Decree. In addition, EPA September 25, 2003. tetrachloroethylene were discovered in and EWV have entered into an This proposed Consent Decree the soil, soil gas and groundwater. The administrative Consent Agreement and concerns a compliant filed by the Consent Decree settles the United Final Order in which EWV has agreed United States against G & R Farms, Inc. States’ claims in exchange for EPA to pay a $155,000 civil penalty to EPA, and Robert E. Dasher, pursuant to access to the Site and injunctive relief. and an Administrative Compliance section 309(b) and (d) of the Clean The Department of Justice will receive Order by consent in which EWV has Water Act, 33 U.S.C. 1319(b) and (d), to for a period of thirty (30) days from the agreed to install certain wastewater obtain injunctive relief from and impose date of this publication, comments treatment controls. The administrative civil penalties against the Defendants relating to the Consent Decree. orders are incorporated by reference and for violating the Clean Water Act by Comments should be addressed to the fully enforceable under the Consent discharging pollutants without a permit Assistant Attorney General, Decree. into waters of the United States. The Environment and Natural Resources The Department of Justice will receive proposed Consent Decree resolves these Division, P.O. Box 7611, U.S. for a period of thirty (30) days from the allegations by requiring the defendants Department of Justice, Washington, DC date of this publication comments to restore the impacted areas and to pay 20044–7611, and should refer to U.S. v. relating to the Consent Decree. a civil penalty. The Consent Decree also Sidney Hasselquist Consent Decree, D.J. Comments should be addressed to the provides for the defendants to perform Ref. 90–11–2–07430. Assistant Attorney General, a supplemental environmental project. The Consent Decree may be examined Environment and Natural Resources The Department of Justice will accept at the Office of the United States Division, P.O. Box 7611, U.S. written comments relating to this Attorney, District of Nebraska, 1620 Department of Justice, Washington, DC proposed Consent Decree for thirty (30) Dodge Street, Suite 1400, Omaha, NE 20044–7611, and should refer to United days from the date of publication of this 68102–1506, (402) 661–3700, and at States, et al., v. Ergon Refining, Inc. et Notice. Please address comments to U.S. EPA Region VII, U.S. EPA, Region al., D.J. Ref. 90–5–2–1–06064/3. Pamela S. Tonglao, Trial Attorney, VII, 901 N. 5th Street, Kansas City, KS
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66101, (913) 551–7471. During the Department of Justice, Washington, DC of Natural Resources (‘‘WDNR’’). The public comment period, the Consent 20044–7611, and should refer to United Defendants would pay for that remedial Decree may also be examined on the States, et al. v. National Cooperative action work using a specially-dedicated following Department of Justice Web Refinery Association, Civil Action No. fund to be established by the site, http://www.usdoj.gov/enrd/ 03–1348–JTM (D.Kan.), D.J. Ref. 90–5– companies. That fund would ultimately open.html. A copy of the Consent 1–1–06025/2. hold more than $60 million, including Decree may also be obtained by mail The Consent Decree may be examined $50 million from the Defendants, an from the Consent Decree Library, P.O. at the Office of the United States additional $10 million available under a Box 7611, U.S. Department of Justice, Attorney, District of Kansas, 1200 Epic prior interim settlement with Appleton Washington, DC 20044–7611 or by Center, 301 N. Main St., Wichita, Kansas Paper Inc. and NCR Corporation, and all faxing or e-mailing a request to Tonia 67202 and at the Region 7 offices of the interest earned on the money placed in Fleetwood ([email protected]), US EPA at 901 North Fifth Street, the fund. If that dedicated fund is not fax no. (202) 514–0097, phone Kansas City, KS 66101. During the sufficient to finance the completion of confirmation number (202) 514–1547. In public comment period, the Consent the work, the Consent Decree reserves requesting a copy form the Consent Decree, may also be examined on the the Plaintiffs’ rights to require the Decree Library, please enclose a check Department of Justice Web site, http:// Defendants to perform or pay for the in the amount of $10.50 (25 cents per www.usdoj.gov/enrd/open.html. A copy continuation and completion of the page reproduction cost) payable to the of the Consent Decree may also be work. The settlement would not resolve U.S. Treasury. obtained by mail from the Consent the Defendants’ potential liability for Decree Library, P.O. Box 7611, U.S. response activities or response costs Robert Maher, Department of Justice, Washington, DC Assistant Chief, Environmental Enforcement relating to areas of the Site other than 20044–7611 or by faxing or e-mailing a Operable Unit 1. The Consent Decree Section, Environment and Natural Resources request to Tonia Fleetwood Division. also would require the Defendants to ([email protected]), fax no. pay $3,000,000 for natural resource [FR Doc. 03–26246 Filed 10–16–03; 8:45 am] (202) 514–0097, phone number (202) BILLING CODE 4410–15–M damages and $1,050,000 as partial 514–1547. In requesting a copy from the reimbursement of past costs incurred by Consent Decree Library, please enclose EPA, WDNR, and the U.S. Department DEPARTMENT OF JUSTICE a check in the amount of $24.50 (25 of the Interior. Even so, the Consent cents per page reproduction cost) Decree would not resolve the Notice of Lodging of Consent Decree payable to the U.S. Treasury. Defendant’s potential liability for Under the Clean Air Act Robert E. Maher, payment of additional natural resources In accordance with 28 CFR 50.7, Assistant Chief, Environmental Enforcement damages or for additional unreimbursed notice is hereby given that on October Section, Environment and Natural Resources past costs incurred by the United States 7, 2003, a proposed Consent Decree in Division. or the State of Wisconsin. United States, et al. v. National [FR Doc. 03–26241 Filed 10–16–03; 8:45 am] The United States intends to hold a Cooperative Refinery Association, Civil BILLING CODE 4410–15–M public meeting regarding the Consent Action No. 03–1348–JTM was lodged Decree in the affected area, in with the United States District Court for accordance with Section 7003(d) of the the District of Kansas. DEPARTMENT OF JUSTICE Resource Conservation and Recovery This Consent Decree resolved claims Act, 42 U.S.C. 6973(d). The meeting will Notice of Lodging of Consent Decree be held at the Neenah Public Library, by the United States on behalf of the Under the Comprehensive Environmental Protection Agency and 240 E. Wisconsin Street in Neenah, from Environmental Response, 7:00 p.m. to 9 p.m. on Wednesday, the State of Kansas on behalf of the Compensation, and Liability Act Kansas Department of Health and the October 29, 2003. Representatives of the Environment for injunctive relief and Under 42 U.S.C. 9622(d)(2), 42 U.S.C. Department of Justice, EPA, and WDNR civil penalties pursuant to the Clean Air 6973(d), and 28 C.F.R. 50.7, notice is will attend the public meeting to Act, against the National Cooperative hereby given that on October 1, 2003, a provide information and to answer Refinery Association (NCRA) arising out proposed Consent Decree in United questions concerning the Consent of their operation of the McPherson, States and the State of Wisconsin v. P.H. Decree. Formal comments relating to the Kansas petroleum refinery. The Consent Glatfelter Company and WTM I Consent Decree will not be accepted in Decree requires NCRA to pay a civil Company, Civil Action No. 03–C–949 oral form at the public meeting. Any penalty of $350,000, to implement (E.D. Wis.) was lodged with the United such comments should be submitted in technologies and programs valued at States District Court for the Eastern writing as described below. more than $339 million to reduce District of Wisconsin. The Department of Justice will receive sulphur dioxide, nitrogen oxides and The Consent Decree concerns comments relating to the Consent particulate matter emissions and polychlorinated biphenyl (‘‘PCB’’) Decree for a period of thirty (30) days perform a supplemental environmental contamination in the portion of the from the date of this publication. project valued at $1.5 million to remove Lower Fox River and Green Bay Site Comments should be addressed to the chloride pollutants from groundwater at designated as Operable Unit 1. Under Assistant Attorney General, the faculty. the proposed settlement set forth in the Environment and Natural Resources For a period of thirty (30) days from Consent Decree, P.H. Glatfelter Division, P.O. Box 7611, U.S. the date of this publication, the Company and WTM I Company (the Department of Justice, Washington, DC Department of Justice will receive ‘‘Defendants’’) would implement the 20044–7611, and should refer to United comments relating to the Consent cleanup remedy for Operable Unit 1 that States and the State of Wisconsin v. P. Decree. Comments should be addressed was selected in a December 2002 Record H. Glatfleter Company and WTM I to the Assistant Attorney General, of Decision issued jointly by the U.S. Company, Civil Action No. 03–C–949 Environment an Natural Resources Environmental Protection Agency (E.D. Wis.) and D.J. Ref. 90–11–2–1045/ Division, P.O. Box 7611, U.S. (‘‘EPA’’) and the Wisconsin Department 2.
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The Consent Decree may be examined consent decrees. Comments should be as amended (46 Stat. 1494, as amended, at: (1) The offices of the United States addressed to the Assistant Attorney 40 U.S.C. 276a) and of other Federal Attorney, 517 E. Wisconsin Avenue, General, Environmental and Natural statutes referred to in 29 CFR Part 1, Room 530, Milwaukee, Wisconsin; and Resources Division, P.O. Box 7611, U.S. Appendix, as well as such additional (2) the offices of EPA Region 5, 77 West Department of Justice, Washington, DC statutes as may from time to time be Jackson Boulevard, 14th Floor, Chicago, 20044–7611, and should refer to United enacted containing provisions for the Illinois. During the public comment States v. State of Washington Through payment of wages determined to be period, the Consent Decree may also be The Washington Department of Natural prevailing by the Secretary of Labor in examined on the following Department Resources, DOJ Ref. #90–11–2–1049/1. accordance with the Davis-Bacon Act. of Justice Web site, http:// The proposed consent decrees may be The prevailing rates and fringe benefits www.usdoj.gov/enrd/open.htm. A copy examined at the office of the United determined in these decisions shall, in of the Consent Decree may also be States Attorney, 601 Union Street, Suite accordance with the provisions of the obtained by mail from the Consent 5100, Seattle, WA 98101 and at U.S. foregoing statutes, constitute the Decree Library, P.O. Box 7611, U.S. EPA Region 10, 1200 Sixth Avenue, minimum wages payable on Federal and Department of Justice, Washington, DC Seattle, WA 98101. During the comment federally assisted construction projects 20044–7611 or by faxing or e-mailing a period, the consent decrees may be to laborers and mechanics of the request to Tonia Fleetwood examined on the following Department specified classes engaged on contract ([email protected]), fax no. of Justice Web site, http:// work of the character and in the (202) 514–0097, phone confirmation www.usdoj.gov/enrd/open.html. Copies localities described therein. number (202) 514–1547. In requesting a of the consent decrees also may be Good cause is hereby found for not copy from the Consent Decree Library, obtained by mail from the Consent utilizing notice and public comment please enclose a check in the amount of Decree Library, P.O. Box 7611, U.S. procedure thereon prior to the issuance $77.00 (308 pages at 25 cents per page Department of Justice, Washington, DC of these determinations as prescribed in reproduction cost) payable to the U.S. 20044–7611 or by faxing or e-mailing a 5 U.S.C. 553 and not providing for delay Treasury. For a copy of the Consent request to Tonia Fleetwood in the effective date as prescribed in that Decree alone, without appendices, ([email protected]), fax no. section, because the necessity to issue please enclose a check a check in the (202) 514–0097, phone confirmation current construction industry wage amount of $27.50 (110 pages at 25 cents number (202) 514–1547. In requesting a determinations frequently and in large per page reproduction cost) payable to copy, please enclose a check in the volume causes procedures to be the U.S. Treasury. amount of $11.25, (25 cents per page impractical and contrary to the public reproduction cost) payable to the U.S. interest. William D. Brighton, Treasury. General wage determination Assistant Chief, Environmental Enforcement decisions, and modifications and Section, Environment and Natural Resources Robert Maher, supersedes decisions thereto, contain no Division. Assistant Section Chief, Environmental expiration dates and are effective from [FR Doc. 03–26244 Filed 10–16–03; 8:45 am] Enforcement Section. their date of notice in the Federal BILLING CODE 4410–15–M [FR Doc. 03–26242 Filed 10–16–03; 8:45 am] Register, or on the date written notice BILLING CODE 4410–15–M is received by the agency, whichever is earlier. These decisions are to be used DEPARTMENT OF JUSTICE in accordance with the provisions of 29 DEPARTMENT OF LABOR Notice of Lodging of Consent Decree CFR Parts 1 and 5. Accordingly, the Pursuant to the Comprehensive applicable decision, together with any Employment Standards modifications issued, must be made a Environmental Response, Administration, Wage and Hour Compensation, and Liability Act part of ever contract for performance of Division the described work within the In accordance with Departmental Minimum Wages for Federal and geographic area indicated as required by policy, 28 CFR 50.7, notice is hereby Federally Assisted Construction; an applicable Federal prevailing wage given that a proposed consent decree in General Wage Determination Decisions law and 29 CFR part 5. The wage rates United States v. State of Washington and fringe benefits, notice of which is Through The Washington Department of General wage determination decisions published herein, and which are Natural Resources, Civil Action No. of the Secretary of Labor are issued in contained in the Government Printing C03–5543RBL was lodged on October 6, accordance with applicable law and are Office (GPO) document entitled 2003, with the United States District based on the information obtained by ‘‘General Wage Determinations Issued Court for the Western District of the Department of Labor from its study Under The Davis-Bacon And Related Washington. The consent decree of local wage conditions and data made Acts,’’ shall be the minimum paid by requires the defendant to perform available from other sources. They contractors and subcontractors to injunctive relief, requiring two groups of specify the basic hourly wage rates and laborers and mechanics. performing parties to perform the fringe benefits which are determined to Any person, organization, or cleanup of the Thea Foss and Wheeler be prevailing for the described classes of governmental agency having an interest Osgood Waterway Problem Areas of the laborers and mechanics employed on in the rates determined as prevailing is Commencement Bay/Nearshore construction projects of a similar encouraged to submit wage rate and Tideflats Superfund Site and the character and in the localities specified fringe benefit information for funding parties to pay a total of therein. consideration by the Department. $13,000,000 to fund cleanup activities at The determinations in these decisions Further information and self- the Site. of prevailing rates and fringe benefits explanatory forms for the purpose of The Department of Justice will have been made in accordance with 29 submitting this data may be obtained by receive, for a period of thirty (30) days CFR Part 1, by authority of the Secretary writing to the U.S. Department of Labor, from the date of this publication, of Labor pursuant to the provisions of Employment Standards Administration, comments relating to the proposed the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of
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Wage Determinations, 200 Constitution desktop, the ability to access prior wage cultural institutions and to promote Avenue, NW., Room S–3014, decisions issued during the year, public understanding of the arts and the Washington, DC 20210. extensive Help desk Support, etc. humanities. Hard-copy subscriptions may be Any interested persons may attend as Modification to General Wage purchased from: Superintendent of observers, on a space available basis, but Determination Decisions Documents, U.S. Government Printing seating is limited. Therefore, for this The number of the decisions listed to Office, Washington, DC 20402, (202) meeting, individuals wishing to attend the Government Printing Office 512–1800. must contact Georgiana Paul of the document entitled ‘‘General Wage When ordering hard-copy President’s Committee seven days in Determinations Issued Under the Davis- subscription(s), be sure to specify the advance at (202) 682–5409 or write to Bacon and Related Acts’’ being modified State(s) of interest, since subscriptions the Committee at 1100 Pennsylvania are listed by Volume and State. Dates of may be ordered for any or all of the six Avenue, NW., Suite 526, Washington, publication in the Federal Register are separate Volumes, arranged by State. DC 20506. Further information with in parentheses following the decisions Subscriptions include an annual edition reference to this meeting can also be being modified. (issued in January or February) which obtained from Ms. Paul. includes all current general wage If you need special accommodations Volume I determinations for the States covered by due to a disability, please contact Ms. Rhode Island each volume. Throughout the remainder Hoffman through the Office of RI030001 (Jun. 13, 2003) of the year, regular weekly updates will AccessAbility, National Endowment for Volume II be distributed to subscribers. the Arts, 1100 Pennsylvania Avenue, None Signed at Washington, DC this 9th day of NW., Washington, DC 20506, 202/682– October 2003. 5532, TDY–TDD 202/682–5496, at least Volume III Terry Sullivan, seven (7) days prior to the meeting. None Acting Chief, Branch of Construction Wage Dated: October 14, 2003. Volume IV Determinations. Kathy Plowitz-Worden, None [FR Doc. 03–26045 Filed 10–16–03; 8:45 am] Panel Coordinator, Panel Operations, BILLING CODE 4510–27–M National Endowment for the Arts. Volume V [FR Doc. 03–26354 Filed 10–16–03; 8:45 am] None BILLING CODE 7537–01–P Volume VI NATIONAL FOUNDATION ON THE Wyoming ARTS AND THE HUMANITIES WY030005 (Jun. 13, 2003) NATIONAL FOUNDATION ON THE WY030006 (Jun. 13, 2003) National Endowment for the Arts; ARTS AND THE HUMANITIES WY030007 (Jun. 13, 2003) President’s Committee on the Arts and WY030008 (Jun. 13, 2003) the Humanities: Meeting #54 National Endowment for the Arts; WY030009 (Jun. 13, 2003) Combined Arts Advisory Panel Pursuant to section 10 (a)(2) of the Volume VII Federal Advisory Committee Act (Public Pursuant to section 10(a)(2) of the None Law 92–463), as amended, notice is Federal Advisory Committee Act (Public hereby given that a meeting of the Law 92–463), as amended, notice is General Wage Determination President’s Committee on the Arts and hereby given that a meeting of the Publication the Humanities will be held on Combined Arts Advisory Panel, Arts General wage determinations issued Thursday, November 6, 2003 from 9 Education section (Learning in the Arts under the Davis-Bacon and related Acts, a.m. to approximately 12 p.m. The for Children and Youth category, Music, including those noted above, may be meeting will be held in the Potomac Musical Theater, Opera, & Theater) to found in the Government Printing Office Room at the St. Regis Hotel, 923 16th the National Council on the Arts will be (GPO) document entitled ‘‘General Wage Street, NW., Washington, DC. held on November 3–7, 2003 in Room determinations Issued Under the Davis- The Committee meeting will begin at 714 at the Nancy Hanks Center, 1100 Bacon and Related Acts’’. This 9 a.m. with a welcome, introduction of Pennsylvania Avenue, NW., publication is available at each of the 50 new staff members, announcements, Washington, DC 20506. Regional Government Depository and remarks by Adair Margo, Committee A portion of this meeting, from 12:30 Libraries and many of the 1,400 Chairman. The meeting will include p.m. to 1:30 p.m. on November 7th, will Government Depository Libraries across updates on Youth Orchestra of the be open to the public for policy the country. Americas and Save America’s Treasures. discussion. The remaining portions of General wage determinations issued The remainder of the meeting will focus this meeting, from 9 a.m. to 6 p.m. on under the Davis-Bacon and related Acts on PCAH support for After School November 3rd, 5th, and 6th, from 9:30 are available electronically at no cost on Youth Arts and Humanities programs, a.m. to 6 p.m. on November 4th, and the Government Printing Office site at including a discussion on the Coming from 9 a.m. to 12:30 p.m. and 1:30 p.m. www.access.gpo.gov/davisbacon. They Up Taller assessment developed by the to 3:45 p.m. on November 7th, will be are also available electronically by National Assembly of State Arts closed. subscription to the Davis-Bacon Online Agencies. The meeting will adjourn The closed portions of these meetings Service (http:// following Closing Remarks. are for the purpose of Panel review, davisbacon.fedworld.gov) of the The President’s Committee on the discussion, evaluation, and National Technical Information Service Arts and the Humanities was created by recommendation on applications for (NTIS) of the U.S. Department of Executive Order in 1982 to advise the financial assistance under the National Commerce at 1–800–363–2068. This President, the two Endowments, and the Foundation on the Arts and the subscription offers value-added features Institute of Museum and Library Humanities Act of 1965, as amended, such as electronic delivery of modified Services on measures to encourage including information given in wage decisions directly to the user’s private sector support for the nation’s confidence to the agency by grant
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applicants. In accordance with the Dated: October 14, 2003. of filing would still apply. The determination of the Chairman of April Susanne Bolton, exemption is requested to allow 30, 2003, these sessions will be closed Committee Management Officer. adequate time to complete the to the public pursuant to subsection [FR Doc. 03–26303 Filed 10–16–03; 8:45 am] submittal. (c)(6) of section 552b of Title 5, United BILLING CODE 7555–01–M Environmental Impacts of the Proposed States Code. Action Any person may observe meetings, or portions thereof, of advisory panels that NUCLEAR REGULATORY The NRC has completed its evaluation are open to the public, and if time COMMISSION of the proposed action and concludes allows, may be permitted to participate that the exemption is administrative and in the panel’s discussions at the [Docket No. 50–440] would not affect any plant equipment, discretion of the panel chairman. operation, or procedures. The FSAR If you need special accommodations Firstenergy Corporation, Perry Nuclear Power Plant; Environmental contains the analysis, assumptions, and due to a disability, please contact the technical details of the facility design Office of AccessAbility, National Assessment and Finding of No Significant Impact and operating parameters. Until the Endowment for the Arts, 1100 FSAR is updated, the recent changes are Pennsylvania Avenue, NW., The U.S. Nuclear Regulatory documented in the licensee’s written Washington, DC 20506, 202/682–5532, Commission (NRC) is considering evaluations of changes prepared TDY–TDD 202/682–5496, at least seven issuance of a one-time schedular pursuant to 10 CFR 50.59, and in the (7) days prior to the meeting. exemption from Title 10 of the Code of Commission’s Safety Evaluations for Further information with reference to Federal Regulations (10 CFR) part 50, actions requiring prior approval. A this meeting can be obtained from Ms. Section 50.71(e)(4) for Facility delay in submitting the FSAR update Kathy Plowitz-Worden, Office of Operating License No. NPF–58, issued will not change the plant design or the Guidelines & Panel Operations, National to FirstEnergy Corporation (the manner in which it is operated. Endowment for the Arts, Washington, licensee), for operation of the Perry The proposed action will not DC 20506, or call 202/682–5691. Nuclear Power Plant, located in Lake significantly increase the probability or Dated: October 14, 2003. County, Ohio. Therefore, pursuant to 10 consequences of accidents, no changes Kathy Plowitz-Worden, CFR 51.21, the NRC is issuing this are being made in the types of effluents Panel Coordinator, Panel Operations, environmental assessment and finding that may be released off site, and there National Endowment for the Arts. of no significant impact. is no significant increase in [FR Doc. 03–26353 Filed 10–16–03; 8:45 am] Environmental Assessment occupational or public radiation BILLING CODE 7537–01–P exposure. Therefore, there are no Identification of the Proposed Action significant radiological environmental The proposed action would allow the impacts associated with the proposed licensee to extend the time for action. NATIONAL SCIENCE FOUNDATION submitting the periodic update to the With regard to potential Advisory Committee for Biological Final Safety Analysis Report (FSAR) by nonradiological impacts, the proposed Sciences; Notice of Meeting 120 days from September 10, 2003, to action does not have a potential to affect January 8, 2004. Specifically, 10 CFR any historic sites. It does not affect In accordance with the Federal part 50.71(e)(4) requires that licensees nonradiological plant effluents and has Advisory Committee Act (Pub. L. 92– provide the NRC with updates to the no other environmental impact. 463, as amended), the National Science FSAR annually or 6 months after each Therefore, there are no significant Foundation announces the following refueling outage provided the interval nonradiological environmental impacts meeting: between successive updates does not associated with the proposed action. Name: Advisory Committee for Biological exceed 24 months. The revisions must Accordingly, the NRC concludes that Sciences (1110). reflect changes up to 6 months prior to there are no significant environmental Date and Time the date of filing. This regulation would impacts associated with the proposed November 13, 2003; 8:30 a.m.–5 p.m. require the submittal of the Perry action. ;November 14, 2003; 8:30 a.m.–3 p.m. Nuclear Power Plant (PNPP) FSAR Place: National Science Foundation, 4201 update by September 10, 2003. Environmental Impacts of the Wilson Blvd., Arlington, VA 22230, Room The proposed action is in accordance Alternatives to the Proposed Action 375. with the licensee’s application for Type of Meeting Open. exemption dated August 8, 2003. As an alternative to the proposed Contact Person: Dr. Mary E. Clutter, action, the staff considered denial of the Assistant Director, Biological Sciences, Room The Need for the Proposed Action proposed action (i.e., the ‘‘no-action’’ 605, National Science Foundation, 4201 alternative). Denial of the application Wilson Blvd., Arlington, VA 22230. Tel. No.: While preparing the scheduled (703) 292–8400. submittal, a computer failure occurred would result in no change in current Minutes May be obtained from the contact affecting the PNPP electronic data environmental impacts. The person listed above. management system which resulted in environmental impacts of the proposed Purpose of Meeting: The Advisory the loss of over 11,000 electronic action and the alternative action are Committee for BIO provides advice, documents. Updates to the FSAR that similar. recommendations, and oversight concerning were being prepared were among the Alternative Use of Resources major program emphases, directions, and documents lost. Due to the need to goals for the research-related activities of the divisions that make up BIO. reconstruct the updated FSAR The action does not involve the use of Agenda: Planning and Issues Discussion: information that was lost, additional any different resource than those • Reports on AC Workshops. time is needed to complete the previously considered in the Final • Reports on Working Groups. submittal. The requirement to reflect Environmental Statement for Perry • Committee of Visitors Reports. changes up to 6 months prior to the date Nuclear Power Plant, dated April 1974.
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Agencies and Persons Consulted below. The application(s) and/or affiliates of NNECO) and other On September 26, 2003, the staff declaration(s) and any amendment(s) nonaffilitated utility companies. In consulted with the Ohio State official, is/are available for public inspection March 2001, CL&P, WMECO and most Carol O’Claire of the Ohio Emergency through the Commission’s Branch of of the other joint owners of Millstone Management Agency, regarding the Public Reference. sold their interests in Millstone to a environmental impact of the proposed Interested persons wishing to subsidiary of Dominion Resources, Inc. action. The State official had no comment or request a hearing on the CL&P and WMECO sold their 100% comments. application(s) and/or declaration(s) interests in Millstone 1 and 2 and, with should submit their views in writing by other selling owners, 94% of Millstone Finding of No Significant Impact November 4, 2003, to the Secretary, 3. As a result, NNECO no longer acts as On the basis of the environmental Securities and Exchange Commission, agent for any owner in the operation assessment, the NRC concludes that the Washington, DC 20549–0609, and serve and maintenance of Millstone 1, 2 or 3. proposed action will not have a a copy on the relevant applicant(s) It is largely inactive and is winding up significant effect on the quality of the and/or declarant(s) at the address(es) its business. NU continues to maintain human environment. Accordingly, the specified below. Proof of service (by NNECO as a corporate entity in the NRC has determined not to prepare an affidavit or, in the case of an attorney at event that any unforeseen liabilities environmental impact statement for the law, by certificate) should be filed with arise from past Millstone operations. proposed action. the request. Any request for hearing Nevertheless, to simplify its corporate For further details with respect to the should identify specifically the issues of structure, NU intends to liquidate and proposed action, see the licensee’s letter facts or law that are disputed. A person dissolve NNECO eventually. dated August 8, 2003. Documents may who so requests will be notified of any NNECO would like to return up to be examined, and/or copied for a fee, at hearing, if ordered, and will receive a $16.2 million to NU, an amount equal the NRC’s Public Document Room copy of any notice or order issued in the to the approximate value of NNECO’s (PDR), located at One White Flint North, matter. After November 4, 2003, the common stockholders’ equity. The Public File Area O1F21, 11555 application(s) and/or declaration(s), as Applicants represent that, as of June 30, Rockville Pike (first floor), Rockville, filed or as amended, may be granted 2003, NNECO’s paid-in-capital surplus Maryland. Publicly available records and/or permitted to become effective. equaled approximately $15.3 million and retained earnings equaled will be accessible electronically from Northeast Utilities, et al. (70–10112) the Agencywide Documents Access and approximately $0.9 million, for total Northeast Utilities (‘‘NU’’), 174 Brush Management System (ADAMS) Public capitalization of approximately $16.2 Hill Avenue, West Springfield, Electronic Reading Room on the Internet million. As of June 30, 2003, NNECO Massachusetts 01090, a registered at the NRC Web site, http:// had approximately $48.3 million public-utility holding company, and www.nrc.gov/reading-rm/adams.html. invested in the NU system money pool Northeast Nuclear Energy Company Persons who do not have access to and approximately $0.7 million in other (‘‘NNECO’’), 107 Selden Street, Berlin, ADAMS or who encounter problems in current and accrued assets. As of June Connecticut 06037, NU’s wholly owned accessing the documents located in 30, 2003, NNECO’s net liabilities totaled subsidiary (together ‘‘Applicants’’), have ADAMS, should contact the NRC PDR approximately $32.8 million. These net filed an application-declaration under Reference staff by telephone at 1–800– liabilities are mainly comprised of (i) sections 6(a), 7 and 12(c) of the Act and approximately $20.6 million of net 397–4209 or 301–415–4737, or by e-mail rules 26(c)(3), 42, 43, 44 and 46(a). to [email protected]. accrued pension costs reflecting Applicants request authorization for amounts due former employees of Dated at Rockville, Maryland, this 30th day NNECO to pay dividends to and, or in NNECO,1 (ii) approximately $9.2 of September. the alternative, to repurchase stock million of other employee related costs, For the Nuclear Regulatory Commission. from, NU out of capital or unearned (iii) $1.4 million in federal income taxes L. Raghavan, surplus through December 31, 2004 due, and (iv) approximately $1.6 million Chief, Section 1, Project Directorate III–1, (‘‘Authorization Period’’). of other obligations.2 Division of Licensing Project Management, NNECO was incorporated in 1950. The Applicants seek authorization for Office of Nuclear Reactor Regulation. Through a Special Act of the NNECO to pay dividends to and, or in [FR Doc. 03–26279 Filed 10–16–03; 8:45 am] Connecticut Legislature passed in 1967, the alternative, to repurchase its BILLING CODE 7590–01–P the company has a valid franchise under common stock from, NU out of paid-in- Connecticut law to sell electricity to capital and unearned surplus up to utility companies engaging in electric $16.2 million during the Authorization SECURITIES AND EXCHANGE business in Connecticut and other Period. The Applicants state that they COMMISSION states; to manufacture, generate and do not anticipate any further obligations transmit electricity; and to erect and [Release No. 35–27735] being incurred. They further assert that maintain facilities on certain public the proposed transactions will not Filings Under the Public Utility Holding highways and grounds. NNECO’s sole impair NNECO’s ability to meet its Company Act of 1935, as Amended activity has been to act as agent for the (‘‘Act’’) NU system companies and other New 1 NNECO has $48.9 million of accrued pension England utilities in operating and costs and an accumulated deferred income tax October 10, 2003. maintaining the Millstone nuclear credit of $28.3 million, which is realized as NNECO Notice is hereby given that the generating facilities located in makes contributions to the pension plan, leaving a net obligation of $20.6 million. following filing(s) has/have been made Waterford, Connecticut (‘‘Millstone’’). 2 Because NNECO’s net accrued pension with the Commission under provisions Until March 2001, Millstone’s obligations are owed to the Northeast Utilities of the Act and rules promulgated under facilities were jointly owned by The Retirement Plan and the plan owes the employees, the Act. All interested persons are Connecticut Light and Power Company NNECO need not continue to exist until all former employees receive their pension benefits. The plan referred to the application(s) and/or (‘‘CL&P’’) and Western Massachusetts will pay these benefits. NNECO’s obligations to the declaration(s) for complete statements of Electric Company (‘‘WMECO’’) (two plan will be paid or otherwise satisfied prior to the proposed transaction(s) summarized public utility subsidiaries of NU and NNECO’s dissolution.
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obligations nor render its assets interest arrangement as determined Reliant Resources, Inc. Since insufficient to meet anticipated under the Financial Accounting CenterPoint expected to qualify for an expenses or liabilities. Standards Board, Interpretation No. 46 exemption from registration under the (Consolidation of Variable Interest Act within a year of the July Order, KeySpan Corporation, et al. (70–10123) Entities). Metro Energy’s business CenterPoint did not intend to form a KeySpan Corporation (‘‘KeySpan’’), a activities involve the types of energy- service company following the registered holding company under the related activities enumerated in rule restructuring. Instead, the July Order Act, and KeySpan Energy Management 58(b)(1)(vi). authorized CenterPoint to provide a LLC (‘‘KEM’’),3 an indirect, nonutility II. The Transaction variety of services to its subsidiaries on subsidiary (collectively, ‘‘Applicants’’), an interim basis, including accounting, both located at 201 Old Country Road, KEM proposes to acquire all of the rates and regulation, internal auditing, Suite 300, Melville, New York 11747, issued and outstanding membership strategic planning, external relations, have filed an application/declaration interests of Metro Energy. Upon legal services, risk management, (‘‘Application’’) under sections 9(a) and consummation of the acquisition, Metro marketing, financial services and 10 of the Act seeking authorization for Energy will become a direct, wholly- information systems and technology. KEM to acquire all of the issued and owned subsidiary of KEM. KEM will acquire Metro Energy in a cash Since the July Order, CenterPoint has outstanding securities of Metro Energy announced that it will remain a LLC (‘‘Metro Energy’’), a nonaffiliated transaction for the purchase price of approximately $600,000 payable in registered holding company under the New York limited liability company Act. In its order dated June 30, 2003 (‘‘Transaction’’). three installments within a one year period, plus the conversion of the (Holding Company Act Release No. 35– I. Parties outstanding debt owed to KEM by Metro 27692), the Commission noted that CenterPoint intended to form a service A. KEM Energy, including principal and interest amounting to approximately company and granted CenterPoint KEM is a nonutility engaged in the $13,785,763, in goodwill. The purpose interim authority to continue to provide service, installation, and construction of of the Transaction is to provide KEM goods and services to its subsidiaries power supply and HVAC systems, with the benefit of revenues currently through December 31, 2003 (the including burners and boilers for generated by Metro Energy in ‘‘Interim Period’’). heating purposes. It operates and furtherance of KeySpan’s operations as II. Request To Form the Service maintains power supply, heating, a diversified and integrated gas and Company and Provide Services ventilation and air conditioning electric public-utility system. systems, including burners and boilers A. Summary of Requests for heating purposes. KEM serves large CenterPoint Energy, Inc., et al. (70– commercial, industrial and institutional 10162) The Application seeks the customers throughout the Northeast, CenterPoint Energy, Inc. authorization and approval by the and may become involved in the (‘‘CenterPoint’’), a registered holding Commission of the provision of intra- development, ownership, construction, company, located at 1111 Louisiana, system services and goods following the financing, operation and maintenance of Houston, Texas 77002; and Utility expiration of the Interim Period, under thermal energy facilities, including Holding, LLC (‘‘Holding’’), a direct, section 13 of Act and the rules under central steam and chilled water wholly-owned registered holding the Act. Specifically, Applicants request facilities.4 company subsidiary of CenterPoint that the Commission: (1) Approve the formation and capitalization of B. Metro Energy located at 200 West Ninth Street Plaza, Suite 411, Wilmington, Delaware 19801 CenterPoint Energy Service Company, Metro Energy is an unaffiliated New (collectively, the ‘‘Applicants’’) have LLC (the ‘‘ServiceCo’’); (2) approve the York limited liability company in the filed an application/declaration (the designation of ServiceCo as a subsidiary business of developing, operating and ‘‘Application’’) under sections 6, 7, 9, service company in accordance with the maintaining thermal energy systems in 10, 12, and 13 under the Act and rules provisions of rule 88 under the Act and the New York metropolitan area. 88, 90 and 91 under the Act. find that ServiceCo is organized and Through certain loans made to Metro will conduct its operations so as to meet Energy by KEM in the aggregate I. Prior Authorizations the requirements of section 13 of the Act principal amount of $11,715,161.82, By order dated July 5, 2002 (Holding and the rules under the Act; (3) approve plus 8.38% interest per annum, KEM Company Act Release No. 27584) (the the master services agreement in the financed the construction of a central ‘‘July Order’’) the Commission form attached as Exhibit B–1 to the heating and cooling facility owned, authorized the formation of CenterPoint Application (the ‘‘Master Services operated, and maintained by Metro as a new registered holding company, Agreement’’), and the form of service Energy at a hotel in the New York and the distribution to shareholders of agreement for services rendered by metropolitan area. This prior financing the remaining common stock of Reliant system companies; and (4) authorize, to relationship between KEM and Metro Resources, Inc. (the ‘‘Distribution’’). The the extent not exempt under rules 81 Energy does not constitute a variable formation of CenterPoint and the and 87, CenterPoint and certain Distribution were part of a plan adopted CenterPoint subsidiaries providing 3 KEM is a wholly-owned subsidiary of KeySpan in 2000 for the restructuring of Reliant certain services and goods to associate Business Solutions LLC, which is a wholly-owned Energy, Incorporated under the companies. subsidiary of KeySpan Services Inc. KeySpan Services is a wholly owned subsidiary of KeySpan requirements of the Texas electric B. Services Provided by ServiceCo Energy Corporation, which is a wholly-owned restructuring legislation adopted in subsidiary of KeySpan. 1999. The Distribution, which was made Applicants request authorizations 4 By Commission order dated April 24, 2003 on September 30, 2002, completed the with respect to the activities of (HCAR No. 27670) the Commission found these activities to be functionally related to KeySpan’s separation from CenterPoint of the ServiceCo, which will be formed in integrated gas and electric operations and merchant power generation and energy Texas as a limited liability company retainable. trading and marketing business of wholly-owned by Holdings, as the
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service company for the CenterPoint by, or provided to ServiceCo constitutes are provided, costs are allocated based system. ServiceCo will: facilities used for the production, on appropriate cost allocation measures, • Have a minimal equity transmission, transportation, or such as number of meters with respect capitalization of not more than 1,000 distribution of electric energy or natural to meter reading, square footage membership interests with total equity or manufactured gas; occupied and location of shared space. capitalization of not more than $1,000; • Assume CenterPoint’s obligation to • All of these services are provided at cost Derive substantially all of its needs provide transition services and in accordance with rules 90 and 91 for additional working capital from facilities, including business, corporate, under the Act. borrowings under CenterPoint’s money and information technology services to pool and/or additional investments by Reliant Resources, Inc., which 2. GasCo and GasCo’s Pipeline CenterPoint pursuant to rule 45 and/or obligations will largely terminate in Subsidiaries’ Shared Services rule 52, as applicable; early 2004; • 5 Provide recipients certain • Assume CenterPoint’s obligation to Applicants request authorization for administrative and service functions provide business, corporate, and GasCo to share with GasCo’s pipeline involving system-wide coordination and information technology services to subsidiaries and GasCo’s other strategy, compliance and oversight, Texas Genco at cost in accordance with subsidiaries certain services when the including accounting, internal auditing, the Act and the applicable rules under companies determine it is efficient and finance and treasury, communications, the Act, until CenterPoint’s investment cost effective to do so. Services legal, human resources, executive, in Texas Genco is sold, and for a brief proposed to be shared are regulatory and governmental affairs, transition period after a sale; environmental services provided to information systems and technology, • Comply with the Commission’s GasCo by personnel from its pipeline mainframe operations, business standards for accounting and cost subsidiaries, along with support for services, and leasing services. allocation methods and procedures for compliance with the new pipeline • Administer the CenterPoint money service companies in registered holding integrity law. In addition, GasCo’s pool; company systems; • Be staffed by a transfer of personnel telephone operations provide some • Use the Commission’s ‘‘Uniform from CenterPoint and GasCo; services to its pipeline subsidiary, and System of Accounts for Mutual Service • Lease office and other space pipeline personnel use office and currently owned by CenterPoint Energy Companies and Subsidiary Service warehouse space in GasCo facilities. Properties, Inc. (Properties), and from Companies’’ for ServiceCo’s billing GasCo and its subsidiary, CenterPoint time-to-time lease other space that may system, as may be adjusted to use the Energy Gas Transmission Company Federal Energy Regulatory be acquired by Properties either in fee (‘‘CEGT’’), share signals from a system Commission’s uniform system of or by lease. ServiceCo will enter into that electronically monitors the physical one or more lease agreements with accounts; and • Provide all services to affiliated operating conditions of the distribution Properties and, as applicable, will enter system, with CEGT maintaining the into subleases with Recipients that companies on an ‘‘at cost’’ basis as determined by rules 90 and 91 of the equipment. CEGT and GasCo also share occupy space obtained from Properties, meter testing responsibilities, with at cost in accordance with the Act and Act. ServiceCo will distribute all charges among Recipients, to the extent GasCo testing small pipeline meter the applicable rules under the Act. stations and CEGT testing large Applicants state that none of the possible, based on direct assignment. distribution meters. Similarly, GasCo property proposed to be occupied, used Amounts remaining after direct and CEGT share some cathodic by, or provided to ServiceCo constitute assignment shall be allocated among facilities used for the production, Recipients in a fair and equitable protection from rectifiers at certain transmission, transportation, or manner, using the allocation methods points on the system, and GasCo reads distribution of electric energy or natural set forth in the Master Services some rural and town border station or manufactured gas; Agreement. meters where CEGT maintains the • License, lease, sublease or enter C. Services Provided by Certain equipment. All of these services are into service arrangements with Subsidiaries provided at cost in accordance with CenterPoint and T&D Utility for the use rules 90 and 91 under the Act. of computer hardware, software, 1. T&D Utility and GasCo’s Shared Services For the Commission, by the Division of communications facilities (including Investment Management, pursuant to local, long distance, internet and Applicants request authorization for delegated authority. wireless services), office equipment and the T&D Utility and GasCo to provide Margaret H. McFarland, furnishings, and vehicles currently the following services to each other in Deputy Secretary. owned, licensed or leased by their overlapping service territory: meter CenterPoint or T&D Utility at cost in reading, trenching operations, vehicle [FR Doc. 03–26255 Filed 10–16–03; 8:45 am] accordance with the Act and the maintenance, line locating, call center, BILLING CODE 8010–01–P applicable rules under the Act. and credit and collections functions Applicants state that none of the when the companies determine it is property proposed to be occupied, used efficient and cost effective to do so. The companies also share common 5 Applicants state that it is expected that warehouse space. Some of these ServiceCo will enter into service agreements with CenterPoint, CenterPoint Energy Houston Electric, functions are provided by GasCo to the LLC (the ‘‘T&D Utility’’), Texas Genco, LP (‘‘Texas T&D Utility and others are provided by Genco’’), CenterPoint Energy Resources Corp. the T&D Utility to GasCo. In addition, (‘‘GasCo’’) and any other subsidiaries that request the T&D Utility provides GIS mapping services from ServiceCo by executing a Master Services Agreement (the ‘‘Recipients’’). T&D Utility, for GasCo and its pipeline subsidiaries, Texas Genco and GasCo are the public-utility Texas Genco, and other CenterPoint subsidiaries in the CenterPoint system. system companies. When such services
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SECURITIES AND EXCHANGE in writing, by a member of senior domestic security measures, expanded COMMISSION management. surveillance powers, increased The anti-money laundering programs information sharing and broadened anti- [Release No. 34–48622; File No. SR–BSE– required by this Section shall, at a money laundering requirements. The 2003–18] minimum: Patriot Act amends, among other laws, (1) Establish and implement policies Self-Regulatory Organizations; Notice the Bank Secrecy Act, as set forth in and procedures that can be reasonably 4 of Filing and Order Granting Title 31 of the United States Code. expected to detect and cause the Accelerated Approval of Proposed Certain provisions of Title III of the reporting of transactions required under Rule Change and Amendment Nos. 1 Patriot Act, also known as the 31 U.S.C. 5318(g) and the implementing and 2 Thereto by the Boston Stock International Money Laundering regulations thereunder: Exchange, Inc. To Adopt an Anti- Abatement and Anti-Terrorist Financing (2) Establish and implement policies Act of 2001 (‘‘MLAA’’), impose Money Laundering Compliance and internal controls reasonably Program affirmative obligations on a broad range designed to achieve compliance with the of financial institutions, including October 10, 2003. Bank Secrecy Act and the implementing broker-dealers, specifically requiring the Pursuant to section 19(b)(1) of the regulations thereunder; establishment of anti-money laundering Securities Exchange Act of 1934 (‘‘Act’’ (3) Provide for independent testing for monitoring and supervisory programs. or ‘‘Exchange Act’’),1 and Rule 19b–4 compliance to be conducted by MLAA Section 352 required all thereunder,2 notice is hereby given that Participant personnel or by a qualified financial institutions (including broker- on September 24, 2003, the Boston outside party; dealers) to establish anti-money (4) Designate, and identify to the Stock Exchange, Inc. (‘‘BSE’’ or laundering programs that include, at a Exchange (by name, title, mailing ‘‘Exchange’’) filed with the Securities minimum: (i) Internal policies, address, e-mail address, telephone and Exchange Commission procedures and controls; (ii) the specific number, and facsimile number) a (‘‘Commission’’) the proposed rule designation of an anti-money laundering person or persons responsible for change as described in Items I and II compliance officer; (iii) an ongoing implementing and monitoring the day- below, which Items have been prepared employee training programs; and (iv) an to-day operations and internal controls by the Exchange. The Exchange independent audit function to test the of the program and provide prompt amended the proposal on October 3, anti-money laundering program. notification to the Exchange regarding 2003 and October 9, 2003. The The Commission has approved any change in such designation(s); and NASD’s and several other exchanges’ Commission is publishing this notice to (5) Provide ongoing training for proposals to adopt rules requiring their solicit comments on the proposed rule appropriate persons. change, as amended, from interested members and member organizations to persons and to grant accelerated * * * * * establish anti-money laundering approval to the proposed rule change. II. Self-Regulatory Organization’s compliance programs with the Statement of the Purpose of, and minimum standards described above.5 I. Self-Regulatory Organization’s Proposed BSE Section 42, entitled Statement of the Terms of Substance of Statutory Basis for, the Proposed Rule Change ‘‘Anti-Money Laundering Compliance the Proposed Rule Change Program’’ of Chapter II, Dealings on the In its filing with the Commission, the The Exchange proposes to adopt a Exchange, of the Rules of the Board of Exchange included statements new section entitled ‘‘Anti-Money Governors of the Boston Stock concerning the purpose of and basis for Laundering Compliance Program’’ to its Exchange, Inc. involves similar the proposed rule change and discussed Rules under Chapter II, Dealings on the requirements. Adoption of the proposed any comments it received on the Exchange. The text of the proposed rule rule would establish a regulatory proposed rule change. The text of these change follows. Additions are in italics. framework for members and member statements may be examined at the organizations to comply with the * * * * * places specified in Item III below. The requirements of the Patriot Act in this Exchange has prepared summaries, set Chapter II area. forth in sections A, B, and C below, of Dealings on the Exchange the most significant aspects of such 2. Statutory Basis Secs. 1–41, no change statements. The Exchange believes that the Anti-Money Laundering Compliance A. Self-Regulatory Organization’s statutory basis for the proposed rule Program Statement of the Purpose of, and change is section 6(b)(5) of the Act, 6 in that it is designed to promote just and Sec. 42. Each member organization Statutory Basis for, the Proposed Rule equitable principles of trade, to foster and each member not associated with a Change cooperation and coordination with member organization shall develop and 1. Purpose persons engaged in regulating securities implement a written anti-money In response to the events of transactions, to remove impediments to laundering program reasonably September 11, 2001, President Bush and perfect the mechanism of a free and designed to achieve and monitor signed into law on October 26, 2001 the open market and a national market compliance with the requirements of the Uniting and Strengthening America by system and, in general, to protect Bank Secrecy Act (31 U.S.C. 5311, et Providing Appropriate Tools Required investors and the public interest, and is seq.), and the implementing regulations to Intercept and Obstruct Terrorism Act not designed to permit unfair promulgated thereunder by the of 2001 (the ‘‘Patriot Act’’) 3 to address Department of the Treasury. Each terrorist threats through enhanced 4 member organization’s anti-money 31 U.S.C. 5311, et seq. 5 See, e.g., Securities Exchange Act Release No. laundering program must be approved, 3 Uniting and Strengthening America by 45798 (April 22, 2002), 67 FR 20854 (April 26, Providing Appropriate Tools Required to Intercept 2002) (Order approving SR–NASD–2002–24 and 1 15 U.S.C. 78s(b)(1). and Obstruct Terrorism Act of 2001, Pub. L. 107– SR-NYSE–2002–10). 2 17 CFR 240.19b–4. 56, 115 Stat. 272 (2001). 6 15 U.S.C. 78f(b)(5).
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discrimination between customers, and, in general, protect investors and SECURITIES AND EXCHANGE issuers, brokers or dealers. the public interest. COMMISSION B. Self-Regulatory Organization’s The Commission believes that the [Release No. 34–48623; File No. SR–CBOE– Statement on Burden on Competition Exchange’s proposal to adopt an Anti- 2003–43] Money Laundering Compliance Program The Exchange does not believe that accurately, reasonably, and efficiently Self-Regulatory Organizations; Notice the proposed rule change will impose of Filing and Immediate Effectiveness any burden on competition that is not implements the requirements of the Patriot Act as it applies to their of Proposed Rule Change and necessary or appropriate in furtherance Amendment No. 1 Thereto by the members. The Commission also of the purposes of the Act. Chicago Board Options Exchange, recognizes that anti-money laundering Incorporated To Make Changes to Its C. Self-Regulatory Organization’s compliance programs will evolve over Statement on Comments on the Fee Schedule Involving the time, and that improvements to these Exchange’s Hybrid Trading System Proposed Rule Change Received From programs are inevitable as members find Members, Participants or Others and Retail Automatic Execution new ways to combat money laundering System Orders No written comments were solicited and to detect suspicious activities. or received. The Commission finds good cause for October 10, 2003. Pursuant to Section 19(b)(1) of the approving the proposed rule change III. Solicitation of Comments Securities Exchange Act of 1934 prior to the thirtieth day after the date Interested persons are invited to (‘‘Act’’),1 and Rule 19b–4 2 thereunder, of publication of notice of filing thereof submit written data, views, and notice is hereby given that on October in the Federal Register. The arguments concerning the foregoing, 1, 2003, the Chicago Board Options including whether the proposed rule Commission notes that the Rule is Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) change, and amended, is consistent with substantially similar to anti-money submitted to the Securities and the Act. Persons making written laundering compliance program rules Exchange Commission (‘‘Commission’’) submissions should file six copies that the Commission has previously the proposed rule change as described thereof with the Secretary, Securities approved for other self-regulatory in Items I, II, and III below, which Items and Exchange Commission, 450 Fifth organizations.8 Accordingly, the have been prepared by the CBOE. On Street, NW., Washington, DC 20549– Commission believes that there is good October 7, 2003, the CBOE filed an 0609. Copies of the submission, all cause, consistent with Section 19(b) of amendment to the proposed rule subsequent amendments, all written the Act,9 to approve the proposed rule change. The Commission is publishing statements with respect to the proposed change on an accelerated basis. this notice to solicit comments on the rule change that are filed with the proposed rule change, as amended, from V. Conclusion Commission, and all written interested persons. communications relating to the It is therefore ordered, pursuant to I. Self-Regulatory Organization’s proposed rule change between the section 19(b)(2) of the Act, 10 that the Statement of the Terms of Substance of Commission and any person, other than proposed rule change, as amended, is the Proposed Rule Change those that may be withheld from the hereby approved. public in accordance with the The CBOE proposes to make four provisions of 5 U.S.C. 552, will be For the Commission, by the Division of changes to its Fee Schedule. The first available for inspection and copying at Market Regulation, pursuant to delegated three changes involve fees connected to the Commission’s Public Reference authority.11 the Exchange’s Hybrid trading system. Room. Copies of such filing will also be Margaret H. McFarland, The fourth change involves the access available for inspection and copying at Deputy Secretary. fee for Retail Automatic Execution the principal office of the Exchange. All [FR Doc. 03–26286 Filed 10–16–03; 8:45 am] System (‘‘RAES’’) orders. The text of the proposed rule change, as amended, to submissions should refer to File No. BILLING CODE 8010–01–P SR–BSE–2003–18 and should be the fee schedule is available at the submitted by November 7, 2003. Office of the Secretary, the CBOE, and at the Commission. IV. Commission’s Findings and Order Granting Accelerated Approval of II. Self-Regulatory Organization’s Proposed Rule Change Statement of the Purpose of, and 8 See Securities Exchange Act Release Nos. 45798 Statutory Basis for, the Proposed Rule The Commission finds that the (April 22, 2002), 67 FR 20854 (April 26, 2002) Change proposed rule change, as amended, is (Order approving SR–NASD–2002–24 and SR– consistent with the requirements of the NYSE–2002–10); 46041 (June 6, 2002), 67 FR 40366 In its filing with the Commission, the Act and the rules and regulations (June 12, 2002) (Order Approving SR–Phlx–2002– CBOE included statements concerning thereunder applicable to a national 29); 46258 (July 25, 2002), 67 FR 49715 (July 31, the purpose of and basis for the securities exchange. In particular, the 2002) (Order Approving SR–Amex–2002–52); proposed rule change, as amended, and Commission believes that the proposed 446462 (September 5, 2002), 67 FR 58665 discussed any comments it received on (September 17, 2002) (Notice of Filing and Order the proposed rule change. The text of rule change is consistent with section Granting Accelerated Approval of SR–CBOE–2002– 7 these statements may be examined at 6(b)(5) of the Act, which, among other 45); 46468 (September 6, 2002), 67 FR 58095 things, requires that the Exchange’s (September 13, 2002) (Notice of Filing and the places specified in Item IV below. rules be designed to prevent fraudulent Immediate Effectiveness of SR–PCX–2002–44); and The CBOE has prepared summaries, set and manipulative acts and practices, 46739 (October 29, 2002), 67 FR 67432 (November forth in Sections A, B, and C below, of 5, 2002) (Notice of Filing and Immediate the most significant aspects of such Effectiveness of SR–NASD–2002–146). statements. 7 15 U.S.C. 78f(b)(5). In approving this rule, the 9 15 U.S.C. 78f(b)(5) and 78s(b). Commission notes that it has considered the proposed rule’s impact on efficiency, competition, 10 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). and capital formation. 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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A. Self-Regulatory Organization’s CBOE begin to recover its substantial necessary or appropriate in furtherance Statement of the Purpose of, and investment in CBOEdirect. of the purposes of the Act. Statutory Basis for, the Proposed Rule However, as the Exchange expands its Change rollout of the Hybrid trading system, C. Self-Regulatory Organization’s which also uses CBOEdirect, the Statement on Comments on the 1. Purpose Exchange proposes to waive the Proposed Rule Change Received From The Exchange proposes to make CBOEdirect connectivity fees for all Members, Participants or Others several changes to its Fee Schedule connections to CBOEdirect for the involving Hybrid and RAES fees. No written comments were solicited purpose of using the CBOE’s Hybrid or received with respect to the proposed Actant Infrastructure User Charge system effective October 1, 2003. The rule change. Exchange believes that this wavier will The Exchange is providing certain encourage members to begin using III. Date of Effectiveness of the hardware and related maintenance Hybrid, and help offset the related costs Proposed Rule Change and Timing for needed by Actant, a third party vendor that members must incur in order to Commission Action that is providing quoting software and a stream quotes for Hybrid. connection to the CBOEdirect system The Exchange will review the subject The proposed rule change, as that many CBOE members are using to of this waiver again when it conducts amended, has become effective pursuant stream quotes to the Hybrid trading next year’s budget review of fees. to Section 19(b)(3)(A)(ii) of the Act 6 and system. The Exchange provided the Rule 19b–4(f)(2) 7 thereunder because it hardware and maintenance in order to RAES Access Fee Waiver for Non- establishes or changes a due, fee, or facilitate Actant’s service of Exchange Customer Equity Orders Submitted other charge imposed by the CBOE. At members; however, the Exchange From the Trading Floor any time within 60 days of the filing of wishes to recover its costs in doing so. Currently, the Exchange charges a the proposed rule change, as amended, As a result, beginning on October 1, $.30 per contract access fee for all Non- the Commission may summarily 2003, all users of Actant software for the Customer orders (i.e., those with an abrogate such rule change if it appears Hybrid system will incur a $100 per origin code other than ‘‘C’’) entered into to the Commission that such action is month Exchange user fee. The Exchange RAES.3 The Exchange proposes to waive necessary or appropriate in the public states that this fee will offset the cost of this fee, effective October 1, 2003, in interest, for the protection of investors, the hardware and ongoing maintenance cases where a RAES order in an equity or otherwise in furtherance of the that the Exchange is incurring in order option class is entered from the purposes of the Act.8 to facilitate Actant’s service. Exchange trading floor. In such cases, a IV. Solicitation of Comments Market Data User Fee floor broker, who assumes responsibility for filling such an order in exchange for The Exchange states that numerous Interested persons are invited to a floor brokerage fee, may have come to Exchange members making markets on submit written data, views and believe that his/her customer will the CBOE’s trading floor in the Hybrid arguments concerning the foregoing, receive a better ‘‘fill’’ electronically trading system make use of data feeds of including whether the proposed rule through RAES. However, the Exchange underlying market information that are change, as amended, is consistent with believes that imposing the RAES access provided by the CBOE through its the Act. Persons making written fee burdens such orders with what is TickerXpress service (‘‘TX’’). The tantamount to a second execution fee (in submissions should file six copies Exchange proposes to charge a fee of addition to the floor broker’s fee). The thereof with the Secretary, Securities $100 per month to members receiving Exchange does not believe that it should and Exchange Commission, 450 Fifth TX market data to compensate the CBOE place such an additional burden on the Street, NW, Washington, DC 20549– for providing the infrastructure to make best execution of such orders. For this 0609. Copies of the submission, all this market data available. Alternatively, reason, the Exchange believes it is fair subsequent amendments, all written members may receive TX market data and equitable to waive the fee in such statements with respect to the proposed from the Exchange that has been circumstances. rule change that are filed with the enhanced by the data processing Commission, and all written services of a third party service provider 2. Statutory Basis communications relating to the to the Exchange. The Exchange proposes The Exchange believes that its proposed rule change between the to charge a fee of $200 per month to proposed rule change is consistent with Commission and any person, other than members receiving the enhanced TX Section 6(b) of the Act 4 in general, and those that may be withheld from the data to compensate the CBOE for furthers the objectives of Section 6(b)(4) public in accordance with the providing the infrastructure to make this of the Act 5 in particular, in that it is provisions of 5 U.S.C. 552, will be market data available. The Exchange designed to provide for the equitable available for inspection and copying in proposes to waive these TX fees through allocation of reasonable dues, fees, and the Commission’s Public Reference the end of 2003 and to make them other charges among the CBOE Room. Copies of such filing will also be effective on January 1, 2004. members. available for inspection and copying at the principal office of the CBOE. All CBOEdirect Connectivity Fee Waiver B. Self-Regulatory Organization’s Currently, the Exchange charges Statement on Burden on Competition submissions should refer to File No. monthly connection fees for users of its SR–CBOE–2003–43 and should be The Exchange does not believe that CBOEdirect electronic trading platform submitted by November 7, 2003. the proposed rule change will impose of $900 per month for each connection any burden on competition not 6 to CBOEdirect through the CBOE Market 15 U.S.C. 78s(b)(3)(A)(ii). Interface (CMi) and $600 for a 7 17 CFR 240.19b–4(f)(2). 3 See Securities Exchange Act Release No. 48223 8 For purposes of calculating the 60-day connection through the FIX (Financial (July 24, 2003), 68 FR 44978 (July 31, 2003). abrogation period, the Commission considers the Information Exchange) interface. The 4 15 U.S.C. 78f(b). period to commence on October 7, 2003, the date Exchange states that these fees help the 5 15 U.S.C. 78f(b)(4). on which the Exchange filed Amendment No. 1.
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For the Commission, by the Division of (A) Self-Regulatory Organization’s (C) Self-Regulatory Organization’s Market Regulation, pursuant to delegated Statement of the Purpose of, and Statement on Comments on the authority.9 Statutory Basis for, the Proposed Rule Proposed Rule Change Received From Margaret H. McFarland, Change Members, Participants, or Others Deputy Secretary. No written comments relating to the In File No. SR–EMCC–2003–02, [FR Doc. 03–26285 Filed 10–16–03; 8:45 am] proposed rule change have been EMCC sought Commission approval (1) BILLING CODE 8010–01–P solicited or received. EMCC will notify to establish a fixed clearing fund the Commission of any written requirement for inter-dealer brokers comments received by EMCC. (‘‘IDBs’’) or members who clear for IDBs SECURITIES AND EXCHANGE III. Date of Effectiveness of the COMMISSION and (2) to have the difference between an IDB’s calculated clearing fund Proposed Rule Change and Timing for requirement and the fixed amount be Commission Action [Release No. 34–48615; File No. SR–EMCC– paid by other members on a pro rata Section 17A(b)(3)(F) requires, among 2003–05] basis. As part of that filing, EMCC also other things, that the rules of a clearing agency be designed to assure the Self-Regulatory Organizations; sought Commission approval to safeguarding of securities and funds Emerging Markets Clearing eliminate the ‘‘look back’’ feature from its clearing fund formula. EMCC which are in its custody or control or for Corporation; Notice of Filing and Order which it is responsible.4 Approval of Granting Accelerated Approval of a expected that the elimination of the look back feature would offset its non-IDB File No. SR–EMCC–2003–02 resulted in Proposed Rule Change Relating to a more accurate clearing fund members’ obligation to deposit Return of Clearing Fund Deposits calculation and a more timely collection additional clearing fund to cover the of members’ required clearing fund October 9, 2003. difference between the IDB’s calculated deposits. It also resulted in EMCC’s Pursuant to Section 19(b)(1) of the clearing fund requirement and the fixed members having to pay the difference Securities Exchange Act of 1934 amount. On August 19, 2003, the between the calculated clearing fund (‘‘Act’’),1 notice is hereby given that on Commission approved the proposed requirement and the fixed clearing fund September 29, 2003, Emerging Markets rule change.3 amount for each IDB or member who Clearing Corporation (‘‘EMCC’’) filed In connection with its members’ clears for IDBs. Under EMCC’s existing with the Securities and Exchange depositing additional clearing fund to rule, if a member had on deposit Commission (‘‘Commission’’) the cover the difference between the IDB’s clearing fund in excess of its required proposed rule change as described in calculated clearing fund requirement deposit, the excess could be returned to Items I and II below, which items have and the fixed amount, EMCC had the member no more frequently than been prepared primarily by EMCC. The planned on allowing its members to once a month. By providing that Commission is publishing this notice receive upon request the return of members are entitled to have their excess clearing fund deposits returned and order to solicit comments from excess clearing fund deposits on a daily to them upon request on a daily basis, interested persons and to grant basis instead of on a monthly basis. The the proposed rule change allows EMCC accelerated approval of the proposed appropriate change to EMCC’s rules to to implement the changes in File No. rule change. accomplish the daily return of excess SR–EMCC–2003–02 in a way that clearing fund deposits was I. Self-Regulatory Organization’s accommodates the needs of EMCC’s inadvertently omitted from that filing. Statement of the Terms of Substance of members while not affecting EMCC’s Accordingly, the purpose of this filing is the Proposed Rule Change ability to safeguard securities and funds to modify EMCC Rule to provide for a which are in its custody or control or for The proposed rule change consists of daily return upon request of excess which it is responsible. changes to EMCC’s rules relating to the clearing fund deposits and to provide EMCC has requested that the return of clearing fund deposits. that EMCC will begin honoring such Commission find good cause for requests concurrent with the approving the proposed rule change II. Self-Regulatory Organization’s implementation of the changes covered prior to the thirtieth day after Statement of the Purpose of, and by File No. SR–EMCC–2003–02. publication of the notice. The Statutory Basis for, the Proposed Rule Commission finds good cause for EMCC believes that the proposed rule Change approving the proposed rule change change is consistent with the prior to the thirtieth day after In its filing with the Commission, requirements of Section 17A of the Act publication of the notice because EMCC included statements concerning and the rules and regulations accelerated approval will facilitate the the purpose of and basis for the thereunder applicable to EMCC because implementation of File No. SR–EMCC– proposed rule change and discussed any it will permit the equitable allocation of 2003–02 which the Commission comments it received on the proposed charges among participants. previously determined met the rule change. The text of these statements (B) Self-Regulatory Organization’s requirements of Section 17A(b)(3)(F) of may be examined at the places specified the Act. in Item IV below. EMCC has prepared Statement on Burden on Competition IV. Solicitation of Comments summaries, set forth in sections (A), (B), EMCC does not believe that the and (C) below, of the most significant proposed rule change will have any Interested persons are invited to 2 submit written data, views, and aspects of such statements. impact on or impose a burden on arguments concerning the foregoing, competition. 9 17 CFR 200.30–3(a)(12). including whether the proposed rule 1 15 U.S.C. 78s(b)(1). change is consistent with the Act. 2 The Commission has modified parts of these 3 Securities Exchange Act Release No. 48366, 68 statements. FR 51311 (August 26, 2003). 4 15 U.S.C. 78q–1(b)(3)(F).
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Persons making written submissions SECURITIES AND EXCHANGE proposed rule change is set forth below. should file six copies thereof with the COMMISSION Proposed deletions are in [brackets]; proposed new language is in italics. Secretary, Securities and Exchange [Release No. 34–48619; File No. SR–NASD– Commission, 450 Fifth Street NW., 2003–137] * * * * * Washington, DC 20549–0609. 4613.Character of Quotations Comments may also be submitted Self-Regulatory Organizations; Notice electronically at the following e-mail of Filing and Order Granting (a) Quotation Requirements and address: [email protected]. All Accelerated Approval of Proposed Obligations comment letters should refer to File No. Rule Change and Amendment No. 1 (1) No Change. SR–EMCC–2003–05. This file number thereto by the National Association of (2) For a [two] six-month pilot period should be included on the subject line Securities Dealers, Inc. To Extend a beginning September 1, 2003, market if e-mail is used. To help us process and Pilot Relating to the Issuance of Market makers and ECNs may request the use review comments more efficiently, Participant Identifiers of a second MMID. A market maker may comments should be sent in hardcopy October 9, 2003. request the use of a second MMID for displaying Attributable Quotes/Orders or by e-mail but not by both methods. Pursuant to section 19(b)(1) of the in the Nasdaq Quotation Montage for Copies of the submission, all subsequent Securities Exchange Act of 1934 (the any security in which it is registered amendments, all written statements ‘‘Act’’),1 and Rule 19b–4 thereunder,2 and meets the obligations set forth in with respect to the proposed rule notice is hereby given that on August subparagraph (1) of this rule. An ECN change that are filed with the 28, 2003, the National Association of may request the use of a second MMID Commission, and all written Securities Dealers, Inc. (‘‘NASD’’), for displaying Attributable Quotes/ communications relating to the through its subsidiary, The Nasdaq Orders in the Nasdaq Quotation proposed rule change between the Stock Market, Inc. (‘‘Nasdaq’’), filed Montage for any security in which it Commission and any person, other than with the Securities and Exchange meets the obligations set forth in Rule those that may be withheld from the Commission (‘‘Commission’’) the 4623. A market maker or ECN that public in accordance with the proposed rule change as described in ceases to meet the obligations Items I and II below, which Items have provisions of 5 U.S.C. 552, will be appurtenant to its first MMID in any been prepared by Nasdaq. On available for inspection and copying in security shall not be permitted to use September 29, 2003, Nasdaq amended the Commission’s Public Reference the second MMID for any purpose in the proposed rule change.3 The Section, 450 Fifth Street NW., that security. Washington, DC 20549. Copies of such Commission is publishing this notice to (3) No Change. filing will also be available for solicit comments on the proposed rule (b)–(e) No Change. change, as amended, from interested inspection and copying at the principal * * * * * office of EMCC. All submissions should persons and to approve the proposed refer to the File No. SR–EMCC–2003–05 rule change, as amended, on an II. Self-Regulatory Organization’s and should be submitted by November accelerated basis. Statement of the Purpose of, and 7, 2003. I. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule Statement of the Terms of Substance of Change V. Conclusion the Proposed Rule Change In its filing with the Commission, Nasdaq included statements concerning On the basis of the foregoing, the Nasdaq is proposing to extend the purpose of and basis for the Commission finds that the proposed retroactively to September 1, 2003, and proposed rule change, as amended, and rule change is consistent with the prospectively to March 1, 2004, a pilot discussed any comments it received on requirements of the Act and in program that enables members that are the proposed rule change. The text of particular with the requirements of registered as market makers or these statements may be examined at electronic communications networks Section 17A of the Act and the rules and the places specified in Item III below. (‘‘ECNs’’) to request and receive a regulations thereunder applicable. Nasdaq has prepared summaries, set second market participant identifier It is therefore ordered, pursuant to forth in Sections A, B, and C below, of (‘‘MMID’’) with which to enter a second section 19(b)(2) of the Act, that the the most significant aspects of such Attributable Quote/Order in the Nasdaq proposed rule change (File No. SR– statements. Quotation Montage.4 The text of the EMCC–2003–05) be and hereby is A. Self-Regulatory Organization’s approved on an accelerated basis. 1 15 U.S.C. 78s(b)(1). Statement of the Purpose of, and For the Commission by the Division of 2 17 CFR 240.19b–4. Statutory Basis for, the Proposed Rule Market Regulation, pursuant to delegated 3 See letter from Mary M. Dunbar, Vice President Change and Deputy General Counsel, Nasdaq, to Katherine authority.5 England, Assistant Director, Division of Market 1. Purpose Margaret H. McFarland, Regulation, Commission, dated September 29, 2003 (‘‘Amendment No. 1’’). Amendment No. 1 replaces An NASD member that registers as a Deputy Secretary. the proposed rule change in its entirety. In market maker or ECN is permitted to [FR Doc. 03–26256 Filed 10–16–03; 8:45 am] Amendment No. 1, Nasdaq corrected a statement in enter one two-sided quotation per BILLING CODE 8010–01–P its initial proposal regarding the use of second MMIDs by market participants. Because security in the Nasdaq Quotation Amendment No. 1 was filed after the pilot program had lapsed, Amendment No. 1 also revised the immediate effectiveness pursuant to Section proposed rule change to convert it from a filing 19(b)(3) of the Act and Rule 19b–4(f)(6) thereunder. pursuant to Rule 19(b)(3)(A) under the Act to a 15 U.S.C. 78s(b)(3)(A); 17 CFR 240.19b–4(f)(6). On filing pursuant to Rule 19(b)(2) under the Act, with September 29, 2003, Nasdaq submitted Amendment a request for retroactive effectiveness. No. 1, which replaces the original proposed rule 4 Nasdaq originally filed the proposed rule change change in its entirety, and requested that the on August 28, 2003, designating it as a non- proposed rule change be approved retroactive to 5 17 CFR 200.30–3(a)(12). controversial proposed rule change suitable for September 1, 2003.
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Montage, and is assigned a unique filed Pilot. According to Nasdaq, two of inference would be drawn against the MMID with which to enter such those three ECNs are currently using use of a second MMID in a manner that quotations. The NASD 4600 Rule Series second MMIDs for displaying additional would diminish the quality or rigor of governs the character of such quotations Attributable Quotes/Orders in the regulation of the Nasdaq market. and the rights and obligations of SuperMontage. Nasdaq represents that it, in members that display quotations in the Nasdaq believes the Pilot, though not conjunction with NASD, has developed Nasdaq Quotation Montage via their yet widely used by NASD members, will procedures to maintain a high level of MMIDs. The NASD Rule 4700 Series prove to be an important step in the surveillance and member compliance sets forth the rights and obligations of evolution of its marketplace. Nasdaq with its rules with respect to members’ members that participate in the Nasdaq represents that trading of Nasdaq use of both Primary and Secondary National Market Execution System securities has changed rapidly and MMIDs to display quotations in Nasdaq (‘‘SuperMontage’’), including the entry dramatically due to increasingly systems. Nasdaq and NASD have of quotes and orders and the display of sophisticated routing and linkage implemented a review process to ensure quotations. Numerous other NASD and systems that are available to public that firms utilizing second MMIDs Commission rules govern the conduct of investors, institutions, broker/dealers under the Pilot do so in accordance with members in their use of MMIDs to enter and vendors. Nasdaq believes that the the terms under which use of the second and execute orders and display quotes, ability to enter quotes and orders and to MMID was granted. including, for example, NASD IM– display quotations under a second Further, Nasdaq represents that new, 2110–2 (the ‘‘Manning Interpretation’’), MMID would help it keep pace with fully automated surveillance technology NASD Rule 6950 (the ‘‘Order Audit recent changes and allow it to offer has been developed to enable NASD Trail System’’), and NASD Rule 2320 functionality that market participants systems to analyze trading and generate (the ‘‘Best Execution’’ rule). already find elsewhere today. Nasdaq alerts at the firm level (i.e., aggregating Effective July 1, 2003, Nasdaq believes that the Pilot should also activity across all MMIDs for a firm into amended NASD Rule 4613(a) for a two- improve the quality of executions one primary MMID) or the individual month pilot period to permit market within Nasdaq by enabling members to MMID level (i.e., treating each MMID makers and ECNs to request the use of contribute more liquidity to the market separately), depending on the particular a second MMID for displaying and add to the transparency of trading surveillance requirements. Nasdaq Attributable Quotes/Orders in the interest. Due to the surveillance believes that the use of firm-level Nasdaq Quotation Montage (the procedures described below, Nasdaq information is essential to detecting ‘‘Pilot’’).5 Under the Pilot, a market believes that the Pilot should also market participants that may exceed maker may request the use of a second improve the regulation of trading in certain surveillance thresholds at the MMID for displaying Attributable Nasdaq securities to the extent members firm level, but would otherwise go Quotes/Orders in any security in which consolidate more of their trading undetected at the individual MMID it is registered and meets the obligations activity in Nasdaq. level. Further, Nasdaq believes that the set forth in NASD Rule 4613(a)(1), Nasdaq believes that it is essential to ability to aggregate data and analyze including the maintenance of a maintain its regulation of trading on data at the firm level is critical to continuous two-sided quotation. The Nasdaq at the same high level of identifying instances where a firm is Pilot also provides that an ECN may compliance with NASD and using different MMIDs to engage in request the use of a second MMID for Commission rules that it believes it has conduct such as marking-the-close and achieved to date. Except as noted in the displaying Attributable Quotes/Orders trading ahead, among other things.6 proposed rule, members that use a in the Nasdaq Quotation Montage for Conversely, Nasdaq believes that the use second MMID would be required to any security in which it meets the of specific MMID information is critical comply with all NASD and Commission obligations set forth in NASD Rule 4623. for the surveillance of individual rules applicable to their current use of Through this rule filing, Nasdaq is quotes, trades and orders for compliance a single MMID. Members would be proposing to extend the Pilot with firm quote obligations, among prohibited from using a second MMID retroactively to September 1, 2003, and other things. to accomplish indirectly what they are prospectively to March 1, 2004. Since If it were to be determined that a prohibited from doing directly through the Pilot began, Nasdaq has granted two Secondary MMID issued under the Pilot a single MMID. For example, members market makers’ applications for second was being used improperly, Nasdaq would not be permitted to use a second MMIDs for displaying additional would withdraw its grant of the MMID to avoid their Manning Attributable Quotes/Orders. As of the Secondary MMID for all purposes for all obligations under NASD IM–2110–2, date of this filing, Nasdaq represents securities. In addition, if a market maker best execution obligations under NASD that neither market maker has begun Rule 2320, or their obligations under the or ECN were to no longer fulfill the displaying additional Attributable Commission’s Order Handling Rules. conditions appurtenant to its Primary Quotes/Orders under the Pilot. In Members would be required to continue MMID (e.g., by being placed into an addition, three ECNs are authorized to to comply with the firm quote rule, the unexcused withdrawal), it would not be use second MMIDs for displaying OATS rules, and the Commission order permitted to use the Secondary MMID additional Attributable Quotes/Orders routing and execution quality disclosure for any purpose in that security. in SuperMontage. Nasdaq represents rules. In addition, NASD Rule 4613(a) 2. Statutory Basis that those ECNs were authorized to use specifically prohibits firms from Nasdaq believes that the proposed second MMIDs prior to the launch of the displaying a second Attributable Quote/ rule change, as amended, is consistent Pilot. However, Nasdaq believes that Order to engage in passive market with the Act, including section their continued use of the second making or to enter stabilizing bids 15A(b)(6) of the Act,7 which requires, MMIDs is subsumed within the later- because this could violate NASD Rules 4614 and 4619 and Regulation M under 5 For a more detailed explanation of the Pilot, see 6 Nasdaq represents that it has had no occasion Securities Exchange Act Release No. 47954 (May the Act. To the extent that the allocation to withdraw the grant of a Secondary MMID due to 30, 2003), 68 FR 34017 (June 6, 2003) (File No. SR– of second MMIDs were to create improper usage under the Pilot. NASD–2003–87). regulatory confusion or ambiguity, every 7 15 U.S.C. 78o–3(b)(6).
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among other things, that a registered IV. Commission’s Findings and Order good cause, pursuant to section 19(b)(2) national securities association’s rules Granting Accelerated Approval of of the Act,10 for approving the proposed must be designed to promote just and Proposed Rule Change rule change, as amended, prior to the equitable principles of trades, to foster The Commission finds that the thirtieth day after the date of cooperation and coordination with proposed rule change, as amended, is publication of notice thereof in the persons engaged in regulating, clearing, consistent with the requirements of the Federal Register. settling, processing information with Act and the rules and regulations V. Conclusion respect to, and facilitating transactions thereunder applicable to a national in securities, to remove impediments to 8 It is therefore ordered, pursuant to securities association. In particular, the 11 and perfect the mechanisms of a free Commission finds that the proposed section 19(b)(2) of the Act, that the and open market and a national market rule change is consistent with section proposed rule change (SR–NASD–2003– system, and, in general, to protect 15A(b)(6) of the Act, in that it is 137), and Amendment No. 1 thereto, are investors and the public interest. designed to prevent fraudulent and hereby approved on an accelerated Nasdaq believes that the proposed rule manipulative acts and practices, to basis. change, as amended, is consistent with promote just and equitable principals of For the Commission, by the Division of these requirements because it would trade, to foster cooperation and Market Regulation, pursuant to delegated 12 facilitate transactions in securities, coordination with persons engaged in authority. remove impediments to a free and open regulating, clearing, settling, processing Margaret H. McFarland, market, and protect investors by information with respect to, and Deputy Secretary. improving the transparency and facilitating transactions in securities, to [FR Doc. 03–26257 Filed 10–16–03; 8:45 am] efficiency of transactions. remove impediments to and perfect the BILLING CODE 8010–01–P B. Self-Regulatory Organization’s mechanism of a free and open market Statement on Burden on Competition and a national market system, and, in general, to protect investors and the SECURITIES AND EXCHANGE Nasdaq does not believe that the public interest.9 COMMISSION proposed rule change, as amended, will The Commission believes that an [Release No. 34–48614; File Nos. SR– result in any burden on competition that extension of the Pilot for an additional NSCC–2003–19 and SR–DTC–2003–11] is not necessary or appropriate in six months, retroactive to September 1, furtherance of the purposes of the Act, 2003, may allow market participants Self-Regulatory Organizations; as amended. more time to utilize the Pilot. The National Securities Clearing Commission believes that the continued Corporation; The Depository Trust C. Self-Regulatory Organization’s Pilot may benefit investors by increasing Company; Notice of Filing of Proposed Statement on Comments on the transparency and liquidity of trading Rule Changes Relating to the Proposed Rule Change Received From interest in SuperMontage. The Consolidation of Settlement Members, Participants or Others Commission also believes that the Processing Operations and to the Use Written comments were neither extension of the Pilot should enable of the Federal Reserve Banks’ Net solicited nor received. Nasdaq to further evaluate the Pilot. Settlement Service The Commission notes that Nasdaq III. Solicitation of Comments has represented that it, in conjunction October 9, 2003. Pursuant to section 19(b)(1) of the Interested persons are invited to with NASD, has developed procedures Securities Exchange Act of 1934 submit written data, views and to maintain surveillance and member (‘‘Act’’),1 notice is hereby given that on arguments concerning the foregoing, compliance with NASD and September 26, 2003, the National including whether the proposed rule Commission rules. Furthermore, the Securities Clearing Corporation change, as amended, is consistent with Commission notes that Nasdaq (‘‘NSCC’’) and The Depository Trust the Act. Persons making written represents that a firm’s Secondary Company (‘‘DTC’’) filed with the submissions should file six copies MMID would be withdrawn for all Securities and Exchange Commission thereof with the Secretary, Securities purposes and for all securities if it were (‘‘Commission’’) the proposed rule and Exchange Commission, 450 Fifth to be determined that the firm was using changes (File Nos. SR-NSCC–2003–19 Street NW., Washington, DC 20549– the Secondary MMID improperly. and SR-DTC–2003–11). The proposed 0609. Copies of the submission, all Nasdaq has requested that the rule changes are described in Items I, II, subsequent amendments, all written Commission find good cause for and III below, which items have been statements with respect to the proposed approving the proposed rule change and prepared primarily by NSCC and DTC. rule change that are filed with the Amendment No. 1 thereto prior to the The Commission is publishing this Commission, and all written thirtieth day after publication of notice notice to solicit comments on the communications relating to the thereof in the Federal Register. The proposed rule changes from interested proposed rule change between the Commission believes that granting parties. Commission and any person, other than accelerated approval to extend the Pilot those that may be withheld from the for an additional six months, and I. Self-Regulatory Organization’s public in accordance with the making such extension retroactive to Statement of the Terms of Substance of provisions of 5 U.S.C. 552, will be September 1, 2003, will allow Nasdaq to the Proposed Rule Changes continue, without interruption, the available for inspection and copying in The NSCC proposed rule change the Commission’s Public Reference existing operation of the Pilot. Accordingly, the Commission finds proposes that NSCC require all its Room. Copies of the filing will also be settling banks to use the Federal Reserve available for inspection and copying at 8 In approving this proposal, as amended, the the principal office of the NASD. All 10 Commission has considered its impact on 15 U.S.C. 78s(b)(2). submissions should refer to File No. efficiency, competition, and capital formation. 15 11 15 U.S.C. 78s(b)(2). SR–NASD–2003–137 and should be U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). submitted by November 7, 2003. 9 15 U.S.C. 78o-3(b)(6). 1 15 U.S.C. 78s(b)(1).
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Banks’ (‘‘FRBs’’) Net Settlement Service In order to promote operating fee due to a delay in wiring settlement (‘‘NSS’’) to satisfy their end-of-day efficiencies, improve risk management, funds and will permit the aggregation or settlement obligations.2 The NSCC and and lower transaction processing costs, netting of such amounts with its DTC DTC proposed rule changes propose that DTC and NSCC are seeking to introduce balance.5 NSCC and DTC consolidate their a consolidated settlement processing NSCC is proposing certain technical settlement processing operations. operation. A consolidated settlement corrections to assure that defined terms processing operation will provide II. Self-Regulatory Organization’s and other provisions are used participants/members with consolidated Statement of the Purpose of, and consistently. Accordingly, NSCC’s Rule NSCC and DTC settlement reporting, a Statutory Basis for, the Proposed Rule 1 (Definitions and Descriptions) is being single point of access for both NSCC and Changes amended to (1) include a new definition DTC settlement information, and of ‘‘Settlement Agent’’ as DTC will act In their filings with the Commission, reduced settlement risk. This as NSCC’s settlement agent in collecting NSCC and DTC included statements consolidation is intended to be and paying out settlement monies and concerning the purpose of and basis for operational only. It is not intended to (2) set forth the definition for ‘‘Net the proposed rule changes and affect the legal relationship that Credit Balance’’ which is currently used discussed any comments they received participants/members and their settling in Rule 12 (Settlement) and elsewhere on the proposed rule changes. The text banks have with NSCC or DTC. in the Rules. of these statements may be examined at The new consolidated settlement NSCC Rule 12 and Rule 55 (Settling the places specified in Item IV below. processing operation will provide DTC Banks) are being amended to make clear NSCC and DTC have prepared and NSCC participants/members and that in those instances where NSCC summaries, set forth in sections (A), (B), their settling banks with a single set of permits a Settling Member, Insurance and (C) below, of the most significant enhanced PTS functions. Each Carrier Member, or Fund Member to 3 aspects of these statements. participant/member will be able to view settle other than through a settling bank, (A) Self-Regulatory Organization’s its DTC and NSCC settlement activity it will be deemed to have failed to settle Statement of the Purpose of, and and will be provided a consolidated if it fails to pay its Net Debit Balance.6 Statutory Basis for, the Proposed Rule end-of-day netted DTC/NSCC settlement In addition, rule language is being Changes obligation. A participant/member’s modified to make clear that settlement debits and credits at DTC and at NSCC of monies will be effected in the manner 1. Consolidated Settlement Processing will be separately summarized in one provided for in NSCC’s Procedures. Operation consolidated activity statement which NSCC Procedure VIII (Money Currently, DTC and NSCC settlements will show the final DTC and NSCC Settlement Service) is being amended to are run on two separate systems each of balances and the netted amount for each reflect the requirement that settling which is fed throughout the day with participant/member. banks use NSS and to provide the debit and credit data generated by 2. Net Settlement Service procedures whereby settling banks that participant/member activities. At the To reduce settlement risk and to act as such for both NSCC and DTC end of the processing day, the data is (‘‘common settling banks’’) will have summarized and reported by product permit settling banks to settle their net- net debits at NSCC and at DTC with a their settlement balances at both category (e.g., in the case of NSCC, clearing agencies aggregated or netted continuous net settlement, mutual single payment, NSCC is amending its procedures to require that NSCC settling into a single payment or credit amount. funds, envelope services, etc. and in the Prior to using NSS, settling banks will case of DTC, delivery orders, stock banks satisfy their daily net-net debit balances at NSCC through the use of be required to sign a Settler Agreement loans, dividends, redemptions, etc.) on with an FRB which incorporates a the Participant Terminal System NSS. The change being sought is consistent requirement that the settling bank agrees (‘‘PTS’’) via separate DTC and NSCC to the terms of the FRB’s Operating screens. The data is netted separately at with DTC’s requirement that its settling banks utilize NSS.4 Circular No. 12. Under Section 6.4 of DTC and at NSCC to produce an Operating Circular No. 12, the aggregate debit or credit at each clearing As more fully described below, NSS will permit DTC, as NSCC’s settlement settlement agent (i.e., DTC acts as agency. settlement agent for NSCC) has certain Following the determination of final agent, to submit instructions to have the FRB accounts of the NSCC settling responsibilities regarding allocation net numbers for each participant/ among settling banks of a claim for member for each clearing agency, a banks charged for their NSCC net-net debit balance. By centralizing DTC and indemnity by the FRB. The allocation of participant/member’s credit balance at any such claim among NSCC’s members one clearing agency is netted against NSCC’s settlement processing and by adopting NSS as the payment will be as described in NSCC Procedure any debit balance at the other (‘‘cross- VIII, Section 4(iv). The signed Settler endorsement’’). The settling banks mechanism, each settling bank’s balance Agreement must be on the settling subsequently authorize settlement for at NSCC (whether a net-net debit or a bank’s letterhead, signed by an their participant customers in an net-net credit) will also be aggregated or authorized signer recognized by the ‘‘acknowledgement’’ process and then netted with its settlement balance at FRB, and submitted to the FRB through transmit or receive funds to or from DTC resulting in only a single debit or DTC as NSCC’s settlement agent. DTC’s account and to or from NSCC single credit having to be made to the subaccount at the Federal Reserve Bank settling bank’s FRB account. Utilization of NSS by NSCC members and their 5 Should NSS not be available for any reason, of New York (‘‘FRBNY’’). then Settling Banks will be obligated to settle their settling banks will eliminate the need NSCC and DTC obligations by wire transfer. 2 On September 2, 2003, DTC implemented the for a settling bank to initiate a wire 6 Net Debit Balance for a business day as used requirement that all DTC settling banks use NSS. transfer in satisfaction of a net-net debit with respect to a Member, Insurance Carrier Securities Exchange Act Release No. 48089 (June balance, which should reduce the risk a Member, or Fund Member means the amount by 25, 2003), 68 FR 40314 (July 7, 2003) [File No. SR- which the Member’s, Insurance Carrier Member, or DTC–2002–06]. settling bank may incur a late payment Fund Member’s gross debit balance for such 3 The Commission has modified the text of the business day exceeds its gross credit balance on summaries prepared by NSCC and DTC. 4 Supra note 2. such business day.
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Settling banks that also act as settling settlement agent, will aggregate or net have worked closely with NSCC and banks for DTC participants have to sign the net-net debit or net-net credit as DTC in developing the proposed a Settler Agreement with the FRB applicable due by or due to such bank consolidated settlement system. NSCC designating DTC as their NSS settlement from or to NSCC and DTC. If the and DTC will notify the Commission of agent. Accordingly, these settling banks common settling bank owes a settlement any written comments received. debit to both clearing agencies, DTC will will not be required to sign new Settler III. Date of Effectiveness of the debit the FRB account the sum of the Agreements to cover NSCC’s NSS Proposed Rule Changes and Timing for debit amounts. If the bank is owed a settlement. Instead, as provided in Commission Action NSCC Procedure VIII, the Settler settlement credit from both, DTC will Agreements they provide to DTC for wire the bank the sum of the credit Within thirty-five days of the date of delivery to the FRB designating DTC as amounts. publication of this notice in the Federal their NSS settlement agent will, upon Where the common settling bank Register or within such longer period (i) the approval and effectiveness of owes a debit to one clearing agency and as the Commission may designate up to NSCC’s proposed rule change, be is owed a credit from the other, the ninety days of such date if it finds such deemed to include the settling bank’s common settling bank will be obligated longer period to be appropriate and NSCC settlement obligations as well as to pay the net amount of that sum (if a publishes its reasons for so finding or its DTC settlement obligations. net debit) or be entitled to receive the (ii) as to which the self-regulatory As is currently required, each settling net amount (if a net credit). The clearing organization consents, the Commission bank will be required to acknowledge its agency which prenet owes the will: NSCC net-net balance at the end of the settlement credit to the common settling (A) By order approve such proposed day. However, any settling bank that is bank will pay the net credit difference rule changes or a Member and settles solely for its own to the other clearing agency if the other (B) Institute proceedings to determine account may elect to not acknowledge clearing agency has a prenet debit.9 whether the proposed rule changes its net-net settlement balance at the end NSCC will implement its failure to settle should be disapproved. of the day.7 This option will not be procedures if any common settling bank IV. Solicitation of Comments that had a net-net debit to NSCC before made available to settling banks that Interested persons are invited to settle for others because the aggregation or netting of such amounts with the common settling bank’s DTC submit written data, views, and acknowledgement process includes the arguments concerning the foregoing, option to refuse to pay for a participant settlement balance fails to pay its aggregate NSCC/DTC net debit amount, including whether the proposed rule for whom the settling bank provides change is consistent with the Act. settlement services. Unless a settling referred to as the ‘‘consolidated settlement debit amount,’’ in full by the Persons making written submissions bank has elected not to acknowledge its should file six copies thereof with the net-net settlement balance as provided time specified in NSCC and DTC’s procedures. Secretary, Securities and Exchange above, DTC will not send a settling Commission, 450 Fifth Street, NW., bank’s net-net debit balance to a FRB for NSCC and DTC believe that the proposed rule changes are consistent Washington, DC 20549–0609. collection until the settling bank has Comments may also be submitted acknowledged its balance. with the requirements of section 17A of the Act 10 and the rules and regulations electronically at the following e-mail As NSCC’s settlement agent, DTC will address: [email protected]. All send a ‘‘preadvice’’ to each settling thereunder applicable to NSCC and DTC because they are designed to assure the comment letters should refer to File bank, notifying the settling bank that Nos. SR–NSCC–2003–19 and SR–DTC– DTC is about to send its NSS safeguarding of securities and funds which are in the custody or control of 2003–11. These file numbers should be transmission to the FRB. If a settling included on the subject line if e-mail is bank does not have sufficient funds in the clearing agencies or for which they are responsible by reducing the risk that used. To help us process and review its FRB account to enable DTC, as comments more efficiently, comments settlement agent, to debit the full the completion of settlement will be delayed because a settling bank is late should be sent in hardcopy or by e-mail amount of its settlement balance or but not by both methods. Copies of the should NSS not be available to a settling or is unable to wire funds to DTC or NSCC in settlement of its obligations. submission, all subsequent bank for any reason, the settling bank amendments, all written statements will be obligated to wire all such (B) Self-Regulatory Organization’s with respect to the proposed rule amounts to DTC prior to the designated Statement on Burden on Competition 8 change that are filed with the cut-off time. Commission, and all written A new item 4 in NSCC Procedure VIII NSCC and DTC do not believe that the communications relating to the sets forth the netting and payment proposed rule changes will have an proposed rule change between the obligations among common settling impact on or impose a burden on Commission and any person, other than banks, NSCC, and DTC. For each competition. those that may be withheld from the common settling bank, DTC, as (C) Self-Regulatory Organization’s public in accordance with the Statement on Comments on the provisions of 5 U.S.C. 552, will be 7 Settling banks electing not to acknowledge their Proposed Rule Changes Received From available for inspection and copying in settlement balance will be required to sign an Members, Participants or Others Acknowledgement Option Form. A common the Commission’s Public Reference settling bank may not elect to opt out of NSCC and DTC have discussed this Section, 450 Fifth Street, NW., acknowledging its balances unless it settles solely proposal with various participants and Washington, DC 20549. Copies of such for its own account at both DTC and NSCC in which case that election will cover both the bank’s NSCC industry groups, a number of whom filing also will be available for and DTC net settlement balances. inspection and copying at the principal 8 If a settling bank is experiencing extenuating 9 For example, if NSCC owes the common settling offices of NSCC and DTC. circumstances and as a result needs to opt out of bank $5 million, and DTC is owed $2 million by All submissions should refer to File NSS for one business day and send its wire directly the common settling bank, NSCC will pay DTC $3 to DTC’s FRBNY account for its debit balance, that million dollars which DTC will pay to the common Nos. SR–NSCC–2003–19 and SR–DTC– settling bank must notify NSCC/DTC prior to settling bank using NSS. 2003–11 and should be submitted by acknowledging its settlement balance. 10 15 U.S.C. 78q–1. November 3, 2003.
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For the Commission by the Division of DEPARTMENT OF STATE SUMMARY: Pursuant to FAA’s rulemaking Market Regulation, pursuant to delegated provisions governing the application, [Public Notice 4282] authority.11 processing, and disposition of petitions Margaret H. McFarland, Notice of Meeting; United States for exemption part 11 of Title 14, Code Deputy Secretary. International Telecommunication of Federal Regulations (14 CFR), this [FR Doc. 03–26258 Filed 10–16–03; 8:45 am] Advisory Committee; Information notice contains a summary of certain petitions seeking relief from specified BILLING CODE 8010–01–P Meeting on the World Summit on the Information Society and the U.S. requirements of 14 CFR, dispositions of Preparatory Process certain petitions previously received, and corrections. The purpose of this The Department of State announces a SMALL BUSINESS ADMINISTRATION notice is to improve the public’s meeting of the U.S. International awareness of, and participation in, this Telecommunication Advisory aspect of FAA’s regulatory activities. [Declaration of Disaster #3545] Committee (ITAC). The purpose of the Neither publication of this notice nor Committee is to advise the Department State of North Carolina; Amendment #3 the inclusion or omission of information on matters related to telecommunication in the summary is intended to affect the and information policy matters in In accordance with a notice received legal status of any petition or its final preparation for international meetings disposition. from the Department of Homeland pertaining to telecommunication and Security—Federal Emergency information issues. DATES: Comments on petitions received Management Agency, effective October The ITAC will meet to discuss the must identify the petition docket 8, 2003, the above numbered declaration matters related to the World Summit on number involved and must be received is hereby amended to include Bladen, the Information Society (WSIS), which on or before November 6, 2003. Columbus, Cumberland, Davidson, will take place in December 2003, Duplin, Durham, Harnett, Johnston, including U.S. preparations for the ADDRESSES: You may submit comments Robeson, Sampson and Wake Counties WSIS. The meeting will take place on [identified by DOT DMS Docket Number as disaster areas due to damages caused November 6, 2003 from 10:30 a.m. to 12 FAA–200X–XXXXX] by any of the following methods: by Hurricane Isabel occurring on p.m. at the Historic National Academy September 18, 2003 and continuing of Science Building. The National • Web Site: http://dms.dot.gov. Academy of Sciences is located at 2100 through September 26, 2003. Follow the instructions for submitting C St., NW., Washington, DC. comments on the DOT electronic docket In addition, applications for economic Members of the public are welcome to site. injury loans from small businesses participate and may join in the • located in the contiguous counties of discussions, subject to the discretion of Fax: 1–202–493–2251. Chatham, Davie, Forsyth, Guilford, the Chair. Persons planning to attend • Mail: Docket Management Facility; Hoke, Lee, Montgomery, Moore, this meeting should send the following U.S. Department of Transportation, Randolph, Rowan, Scotland and Stanly data by fax to (202) 647–7407 or e-mail 400Seventh Street, SW., Nassif in the State of North Carolina; and to [email protected] not later than Building, Room PL–401, Washington, Dillon and Marlboro Counties is the 24 hours before the meeting: (1) Name DC 20590-001. State of South Carolina may be filed of the meeting, (2) your name, and (3) • Hand Delivery: Room PL–401 on until the specified date at the previously organizational affiliation. A valid photo the plaza level of the Nassif designated location. All other counties ID must be presented to gain entrance to Building,400 Seventh Street, SW., contiguous to the above named primary the National Academy of Sciences Washington, DC, between 9 a.m. and 5 counties have been previously declared. Building. Directions to the meeting p.m., Monday through Friday, except location may be obtained by calling the Federal Holidays. All other information remains the ITAC Secretariat at (202) 647–2592 or • same, i.e., the deadline for filing email to [email protected]. Federal eRulemaking Portal: Go to applications for physical damage is http://www.regulations.gov. Follow the Dated: October 7, 2003. November 17, 2003, and for economic online instructions for submitting Anne Jillson, injury the deadline is June 18, 2004. comments. Foreign Affairs Officer, Department of State. Docket: For access to the docket to (Catalog of Federal Domestic Assistance [FR Doc. 03–26301 Filed 10–16–03; 8:45 am] Program Nos. 59002 and 59008). read background documents or BILLING CODE 4710–07–U comments received, go to http:// Dated: October 9, 2003. dms.dot.gov at any time or to Room PL– S. George Camp, 401 on the plaza level of the Nassif Acting Associate Administrator for Disaster DEPARTMENT OF TRANSPORTATION Building, 400 Seventh Street, SW., Assistance. Federal Aviation Administration Washington, DC, between 9 a.m. and 5 [FR Doc. 03–26287 Filed 10–16–03; 8:45 am] p.m., Monday through Friday, except BILLING CODE 8025–01–P [Summary Notice No. PE–2003–58] Federal Holidays. Petitions for Exemption; Summary of FOR FURTHER INFORMATION CONTACT: Tim Petitions Received; Dispositions of Adams (202) 267–8033, Sandy Petitions Issued Buchanan-Sumter (202) 267–7271, Office of Rulemaking (ARM–1), Federal AGENCY: Federal Aviation Aviation Administration, 800 Administration (FAA), DOT. Independence Avenue, SW., ACTION: Notice of petitions for Washington, DC 20591. exemption received and of dispositions This notice is published pursuant to of prior petitions. 11 17 CFR 200.30–3(a)(12). 14 CFR 11.85 and 11.91.
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Issued in Washington, DC, on October 10, Seventh Street, SW., Nassif Building, SUMMARY: Pursuant to FAA’s rulemaking 2003. Room PL–401, Washington, DC 20590– provisions governing the application, Richard D. McCurdy, 001. processing, and disposition of petitions Acting Assistant Chief Counsel for • Hand Delivery: Room PL–401 on for exemption, part 11 of Title 14, Code Regulations. the plaza level of the Nassif Building, of Federal Regulations (14 CFR), this Petitions for Exemption 400 Seventh Street, SW., Washington, notice contains a summary of a certain DC, between 9 a.m. and 5 p.m., Monday petition seeking relief from specified Docket No.: FAA–2003–16105. through Friday, except Federal requirements of 14 CFR. The purpose of Petitioner: Venture Travel, LLC d.b.a. Holidays. this notice is to improve the public’s Taquan Air. • Federal eRulemaking Portal: Go to awareness of, and participation in, this Section of 14 CFR Affected: 14 CFR http://www.regulations.gov. Follow the aspect of FAA’s regulatory activities. 135.203(a)(1). online instructions for submitting Neither publication of this notice nor Description of Relief Sought: To comments. permit Venture Travel, LLC d.b.a. the inclusion or omission of information Docket: For access to the docket to in the summary is intended to affect the Taquan Air to operate under visual read background documents or flight rules outside controlled airspace legal status of any petition or its final comments received, go to http:// disposition. over water at an altitude below 500 feet. dms.dot.gov at any time or to Room PL– [FR Doc. 03–26226 Filed 10–16–03; 8:45 am] 401 on the plaza level of the Nassif DATES: Comments on petitions received must identify the petition docket BILLING CODE 4910–13–U Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 number involved and must be received p.m., Monday through Friday, except on or before November 6, 2003. DEPARTMENT OF TRANSPORTATION Federal Holidays. ADDRESSES: Send comments on the FOR FURTHER INFORMATION CONTACT: Tim petition to the Docket Management Federal Aviation Administration Adams (202) 267–8033, Sandy System, U.S. Department of [Summary Notice No. PE–2003–59] Buchanan-Sumter (202) 267–7271, Transportation, Room Plaza 401, 400 Office of Rulemaking (ARM–1), Federal Seventh Street, SW., Washington, DC Petitions for Exemption; Summary of Aviation Administration, 800 20590–0001. You must identify the Petitions Received; Dispositions of Independence Avenue, SW., docket number FAA–2003–16037 at the Petitions Issued Washington, DC 20591. beginning of your comments. If you This notice is published pursuant to wish to receive confirmation that the AGENCY: Federal Aviation FAA received your comments, include a Administration (FAA), DOT. 14 CFR 11.85 and 11.91. Issued in Washington, DC, on October 10, self-addressed, stamped postcard. ACTION: Notice of petitions for You may also submit comments exemption received and of dispositions 2003. Richard D. McCurdy, through the Internet to http:// of prior petitions. dms.dot.gov. You may review the public Acting Assistant Chief Counsel for SUMMARY: Pursuant to FAA’s rulemaking Regulations. docket containing the petition, any provisions governing the application, comments received, and any final processing, and disposition of petitions Petitions for Exemption disposition in person in the Dockets for exemption part 11 of Title 14, Code Docket No.: FAA–2003–15161. Office between 9 a.m. and 5 p.m., of Federal Regulations (14 CFR), this Petitioner: Saudi Arabian Oil Monday through Friday, except Federal notice contains a summary of certain Company. holidays. The Dockets Office (telephone petitions seeking relief from specified Section of 14 CFR Affected: 14 CFR 1–800–647–5527) is on the plaza level requirements of 14 CFR, dispositions of 61.72(a)(2). of the NASSIF Building at the certain petitions previously received, Description of Relief Sought: To Department of Transportation at the and corrections. The purpose of this permit Saudi Arabian Oil Company above address. Also, you may review notice is to improve the public’s pilots who hold foreign pilot licenses to public dockets on the Internet at http:/ awareness of, and participation in, this obtain special purpose pilot /dms.dot.gov. aspect of FAA’s regulatory activities. authorizations to operate civil aircraft of FOR FURTHER INFORMATION CONTACT: Neither publication of this notice nor U.S. registry leased to Saudi Arabian Oil Annette Kovite (425–227–1262), the inclusion or omission of information Company for a purpose other than Transport Airplane Directorate (ANM– in the summary is intended to affect the carrying persons or property for 113), Federal Aviation Administration, legal status of any petition or its final compensation or hire. 1601 Lind Ave SW., Renton, WA disposition. [FR Doc. 03–26227 Filed 10–16–03; 8:45 am] 98055–4056; or Caren Centorelli (202– DATES: Comments on petitions received BILLING CODE 4910–13–U 267–8199), Office of Rulemaking (ARM– must identify the petition docket 1), Federal Aviation Administration, number involved and must be received 800 Independence Avenue, SW., on or before October 27, 2003. DEPARTMENT OF TRANSPORTATION Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85 and ADDRESSES: You may submit comments Federal Aviation Administration 11.91. [identified by DOT DMS Docket Number FAA–200X–XXXXX] by any of the [Summary Notice No. PE–2003–61] Issued in Washington, DC, on October 14, following methods: 2003. • Web Site: http://dms.dot.gov. Petitions for Exemption; Summary of Richard D. McCurdy, Follow the instructions for submitting Petitions Received Acting Assistant Chief Counsel for comments on the DOT electronic docket AGENCY: Federal Aviation Regulations. site. Administration (FAA), DOT. • Petitions for Exemption Fax: 1–202–493–2251. ACTION: Notice of petition for exemption • Mail: Docket Management Facility; Docket No.: FAA–2003–16037. received. U.S. Department of Transportation, 400 Petitioner: Custom Air Transport.
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Section of 14 CFR Affected: 14 CFR Partial Grant, 09/10/2003, Exemption • Prioritized device categories for 25.855(a), 25.857(e) and 25.1447(c)(1). No. 8136. Phase 1 document • Description of Relief Sought: To allow [FR Doc. 03–26309 Filed 10–16–03; 8:45 am] Equipment needs or other support required the carriage of up to 12 livestock BILLING CODE 4910–13–M attendants or grooms on the main deck • Working Group 2 (Aircraft test and of Boeing 727–200 all-cargo airplanes. analysis) • Overview of SC–202 Phase 1 report [FR Doc. 03–26308 Filed 10–16–03; 8:45 am] DEPARTMENT OF TRANSPORTATION materials completed in draft form BILLING CODE 4910–13–M Federal Aviation Administration • Current state of planning for aircraft test RTCA Special Committee 202: Portable • DEPARTMENT OF TRANSPORTATION What has to be determined to be Electronic Devices already existing and useable data • Needs for airplane availability Federal Aviation Administration AGENCY: Federal Aviation • What needs to be done for Phase 1 Administration (FAA), DOT. documentation [Summary Notice No. PE–2003–60] ACTION: Notice of RTCA Special • Equipment needs or other support Committee 202 meeting. Petitions for Exemption, Disposition of required • Petition Issued SUMMARY: The FAA is issuing this notice October 30: • Continue Plenary Session to advise the public of a meeting of • AGENCY: Federal Aviation RTCA Special Committee 202: Portable Review of Working Group (WG) Administration (FAA), DOT. Electronic Devices. Progress and Identify Issues for Resolution ACTION: Notice of disposition of prior DATES: The meeting will be held on • Working Group 3 (Aircraft systems petition. October 28–30, 2003 from 9 a.m. to 4:30 susceptibility) p.m. SUMMARY: Pursuant to FAA’s rulemaking • Overview of SC–202 Phase 1 report ADDRESSES: provisions governing the application, The meeting will be held at materials completed in draft form processing, and disposition of petitions RTCA, Inc., 1828 L Street, NW., Suite • Definition of systems susceptibility for exemption part 11 of Title 14, Code 805, Washington, DC 20036–5133. presentation format of Federal Regulations (14 CFR), this FOR FURTHER INFORMATION CONTACT: • Prioritized list of on-aircraft notice contains the disposition of a RTCA Secretariat, 1828 L Street, NW., systems to identify ‘‘most critical’’ certain petition previously received. Suite 805, Washington, DC 20036–5133; victim systems The purpose of this notice is to improve telephone (202) 833–9339; fax: (202) • Summary of timeframe for data the public’s awareness of, and 833–9434; Web site: http:// availability participation in, this aspect of FAA’s www.rtca.org. • Testing requirements identified, regulatory activities. Neither publication SUPPLEMENTARY INFORMATION: Pursuant plan for initial susceptibility testing • of this notice nor the inclusion or to section 10(a)(2) of the Federal What remains to be done for Phase omission of information in the summary Advisory Committee Act (Pub. L. 92– 1 documentation • is intended to affect the legal status of 463, 5 U.S.C., Appendix 2), notice is Working Group 4 (Risk assessment, any petition or its final disposition. hereby given for a Special Committee practical application, and final documentation) FOR FURTHER INFORMATION CONTACT: 202 meeting. The agenda will include: • Overview of SC–202 Phase 1 report Caren Centorelli, Office of Rulemaking • October 28: materials completed in draft form (ARM–1), Federal Aviation • Working Groups 1 through 4 meet • First cut or current plan for what Administration, 800 Independence all day guidance, and identify where the Avenue, SW., Washington, DC 20591. • October 29: gaps are that should be addressed in Tel. (202) 267–8199. • Opening Plenary Session (Welcome and Introductory Remarks, Review SC–202 report This notice is published pursuant to • Final requests for data from other 14 CFR 11.85 and 11.91. Agenda, Review/Approve Previous Common Plenary Summary, Review WGs (what data is needed first) Issued in Washington, DC, on October 14, • What needs to be done for Phase 1 2003. Open Action Items) • Review and update of EUROCAE documentation Richard D. McCurdy, • WG58 Activities Issues identified for resolution by Acting Assistant Chief Counsel for • Report and Update on Plans for several Working Groups • Regulations. IATA SPSG#9 Activities How to address the intermodulation • Summary Scoping and Plan for SC– issue Disposition of Petition • 202 Phase 1 Deliverables How to address the multiple-PED Docket No.: FAA–2002–12918. • Review Working Group (WG) issue • Petitioner: Asia Pacific Airlines. Progress and Identify Issues for Assignment/Review of Future Work • Section of 14 CFR Affected: 14 CFR Resolution (will continue into Closing Session (Other Business, 25.785(j), 25.813(b), 25.857(e) and second day as required) Date and Place of Next Meeting, 25.1447(c)(1). • Working Group 1 (PEDs Closing Remarks, Adjourn) Description of Relief Sought/ characterization, test, and Attendance is open to the interested Disposition: To allow carriage of two evaluation) public but limited to space availability. supernumeraries with the flight deck • Overview of SC–202 Phase 1 report With the approval of the chairmen, door closed during taxi, takeoff and materials completed in draft form members of the public may present oral landing and exits in the Class E • Preliminary or summary list of statements at the meeting. Persons compartment designated for devices type/categorizations wishing to present statements or obtain supernumerary use in lieu of the right • Grouped by frequencies used, information should contact the person flight deck window exit. modulation type, power, etc. listed in the FOR FURTHER INFORMATION
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CONTACT section. Members of the public members of the public may present oral Minimum Operational Performance may present a written statement to the statements at the meeting. Persons Standards for Aircraft VDL Mode 3 committee at any time. wishing to present statements or obtain Transceiver Operating in the Issued in Washington, DC, on October 3, information should contact the person Frequency Range 117.975–137.000 2003. listed in the FOR FURTHER INFORMATION MHz, RTCA Paper No. 181–03/ Robert Zoldos, CONTACT section. Members of the public PMC–293, prepared by SC–172. • Final Draft, Next Generation Air/ FAA System Engineer, RTCA Advisory may present a written statement to the Committee. committee at any time. Ground Communication System (NEXCOM) Implementation [FR Doc. 03–26230 Filed 10–16–03; 8:45 am] Dated: Issued in Washington, DC, on Considerations: Factors to be BILLING CODE 4910–13–M September 24, 2003. Bob Zoldos, Considered in Planning for Transition to VDL Mode 3 FAA System Engineer, RTCA Advisory DEPARTMENT OF TRANSPORTATION Committee. Integrated Voice and Data Communications in the National [FR Doc. 03–26231 Filed 10–16–03; 8:45 am] Federal Aviation Administration Airspace System, RTCA Paper No. BILLING CODE 4910–13–M 188–03/PMC–295, prepared by SC– RTCA Special Committee 197: 198. • Rechargeable and Starting Batteries DEPARTMENT OF TRANSPORTATION Discussion: • Special Committee 186, ADS–B AGENCY: Federal Aviation Federal Aviation Administration • Discuss Display Integration of ADS– Administration (FAA), DOT. B and TCAS ACTION: Notice of RTCA Special Change Notice for RTCA Program • Special Committee 193 Committee 197 meeting. Management Committee • Update Terms of Reference • Special Committee 196 SUMMARY: The FAA is issuing this notice AGENCY: Federal Aviation • Review/Status of Training Guidance to advise the public of a meeting of Administration (FAA), DOT. Document RTCA Special Committee 197: ACTION: Notice of RTCA Program • Special Committee Chairman’s Rechargeable and Starting Batteries. Management Committee meeting. Reports DATES: The meeting will be held • Action Item Review: October 21–23, 2003, starting at 9 a.m. SUMMARY: The FAA is issuing this notice • Review/Status—All open action ADDRESSES: The meeting will be held at to advise the public of a meeting of the items the Wyndham Riverfront Hotel, 701 RTCA Program Management Committee. • Closing Session (Other Business, Convention Center Blvd., New Orleans, DATES: The meeting will be held Document Production, Date and LA 70130. October 28, 2003, starting at 9 a.m. Place of Next Meeting, Adjourn) FOR FURTHER INFORMATION CONTACT: ADDRESSES: The meeting will be held at Attendance is open to the interested RTCA Secretariat, 1828 L Street, NW., RTCA, Inc., 1828 L Street, NW., Suite public but limited to space availability. Washington, DC 20036; telephone (202) 805, Washington, DC 20036. With the approval of the chairmen, 833–9339; fax (202) 833–9434; Web site FOR FURTHER INFORMATION CONTACT: members of the public may present oral http://www.rtca.org. RTCA Secretariat, 1828 L Street, NW., statements at the meeting. Persons SUPPLEMENTARY INFORMATION: Pursuant Suite 850, Washington, DC 20036; wishing to present statements or obtain to section 10(a)(2) of the Federal telephone (202) 833–9339; fax (202) information should contact the person Advisory Committee Act (Pub. L. 92– 833–9434; Web site http://www.rtca.org. listed in the FOR FURTHER INFORMATION 463, 5 U.S.C., Appendix 2), notice is SUPPLEMENTARY INFORMATION: Pursuant CONTACT section. Members of the public hereby given for a Special Committee to section 10(a)(2) of the Federal may present a written statement to the 197 meeting. The agenda will include: Advisory Committee (Pub. L. 92–463, 5 committee at any time. • October 21: U.S.C., Appendix 2), notice is hereby Issued in Washington, DC, on October 1, • Opening Session (Welcome and given for a Program Management 2003. Introductory Remarks, Review of Committee meeting. The revised agenda Robert Zoldos, Agenda, Approve Summary will include: FAA System Engineer, RTCA Advisory Meeting #4) • October 28: Committee. • Review of Submitted comments • Opening Session (Welcome and [FR Doc. 03–26232 Filed 10–16–03; 8:45 am] • Review SC–197 MOPS Draft, RTCA Introductory Remarks, Review/ BILLING CODE 4910–13–M Paper No. 174–03/SC–197–011 Approve Summary of Previous • October 22: Meeting) • Continuation of Review of SC–197 • Publication Consideration/Approval: DEPARTMENT OF TRANSPORTATION MOPS Draft • Final Draft, Revised DO–236A— • October 23: Minimum Aviation System Federal Highway Administration • Proposed Schedule for Subsequent Performance Standards: Required Environmental Impact Statement: Meetings Navigation Performance for Area Somerset County, Pennsylvania and • Other Business Navigation, TRCA Paper No. 166– Garrett County, MD • Closing Session (Establish Agenda 03/PMC–290, prepared by SC–181. for Next Meeting, Date and Place of • Final Draft, Revised DO–283— AGENCY: Federal Highway Next Meeting) Minimum Operational Performance Administration (FHWA), DOT. • Meeting for Advanced Technologies Standards for Required Navigation ACTION: Notice of intent. (IEC) Performance for Area Navigation, Attendance is open to the interested RTCA Paper No. 167–03/PMC–291, SUMMARY: The FHWA is issuing this public but limited to space availability. prepared by SC–181. notice to advise the public that an With the approval of the chairmen, • Final Draft, Revised DO–271A— Environmental Impact Statement will be
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prepared for a proposed transportation Letters describing the proposed action been decided in favor of complainant project along Section 019 of U.S. 219. and soliciting comments will be sent to within the 2-year period; and (4) the This section extends from the southern appropriate federal, state, and local requirements at 49 CFR 1105.7 terminus of the Meyersdale Bypass in agencies, and to private organizations (environmental reports), 49 CFR 1105.8 Somerset County, Pennsylvania to I–68 and citizens who express an interest in (historic reports), 49 CFR 1105.11 in Garrett County, Maryland. the proposal. Public involvement and (transmittal letter), 49 CFR 1105.12 FOR FURTHER INFORMATION CONTACT: inter-agency coordination will be (newspaper publication), and 49 CFR David W. Cough P.E., Director of maintained throughout the development 1152.50(d)(1) (notice to governmental Operations, Federal Highway of the study. Public notices of the time agencies) have been met. Administration, Pennsylvania Division and place of the public meetings and any required public hearings will be As a condition to this exemption, any Office, 228 Walnut Street, Room 508, employee adversely affected by the Harrisburg, Pennsylvania, 17101–1720, provided. To ensure that the full range of issues discontinuance shall be protected under Telephone: (717) 221–3411; David L. Oregon Short Line R. Co.— Sherman, P.E., Project Manager, related to this proposed action is Abandonment—Goshen, 360 I.C.C. 91 Pennsylvania Department of addressed and that all significant issues (1979). To address whether this Transportation, Engineering District 9, are identified, comments and condition adequately protects affected 1620 North Juniata Street, suggestions are invited form interested Hollidaysburg, Pennsylvania, 16648, parties. Comments or questions employees, a petition for partial Telephone: (814) 696–7170; or Russell concerning this proposed action and the revocation under 49 U.S.C. 10502(d) Walto, P.E., Project Manager, Maryland EIS should be directed to the FHWA, must be filed. State Highway Administration, 707 PENNDOT, or MDSHA at the addresses Provided no formal expression of North Calvert Street, Mailstop C–301, provided above. intent to file an offer of financial Baltimore, Maryland 21202, Telephone: (Catalog of Federal Domestic Assistance assistance (OFA) has been received, this (410) 545–8547. Program Number 20.205, Highway Research, exemption will be effective on Planning, and Construction. The regulations 1 SUPPLEMENTARY INFORMATION: The implementing Executive Order 12372 November 18, 2003, unless stayed FHWA, in cooperation with the regarding intergovernmental consultation on pending reconsideration. Petitions to Pennsylvania Department of federal programs and activities apply to this stay that do not involve environmental Transportation (PENNDOT) and the program.) issues and formal expressions of intent Maryland State Highway Dated: October 10, 2003. to file an OFA under 49 CFR Administration (SHA), will conduct a David C. Lawton, 1152.27(c)(2),2 must be filed by October Design Location Study and will prepare Assistant Division Administrator, Harrisburg, 27, 2003. Petitions to reopen must be an Environmental Impact Statement Pennsylvania. filed by November 6, 2003, with: (EIS) to evaluate alternatives that [FR Doc. 03–26273 Filed 10–16–03; 8:45 am] Surface Transportation Board, 1925 K upgrade the current two-lane BILLING CODE 4910–22–M Street, NW, Washington, DC 20423– transportation system. The study area 0001. will extend from the southern terminus A copy of any petition filed with the of the Meyersdale Bypass in Somerset DEPARTMENT OF TRANSPORTATION Board should be sent to applicant’s County, Pennsylvania to I–68 in Garrett County, Maryland. The corridor is Surface Transportation Board representative: Natalie S. Rosenberg, approximately 8.1 miles in length. 500 Water Street, J150, Jacksonville, FL [STB Docket No. AB–55 (Sub-No. 644X)] 32202. The initial stage of this process is for development of conceptual alternatives. CSX Transportation, Inc.— If the verified notice contains false or A range of conceptual alternatives will Discontinuance of Service misleading information, the exemption be developed and examined within the Exemption—in Allegheny County, PA is void ab initio. context of the identified project needs, CSX Transportation, Inc. (CSXT) has Board decisions and notices are environmental and socioeconomic filed a verified notice of exemption available on our Web site at http:// constraints, and public input, as well as under 49 CFR 1152 Subpart F—Exempt www.stb.dot.gov. their consistency with county and Abandonments and Discontinuances of Decided: October 8, 2003. municipal plans and policies. Service to discontinue service over an Alternatives to be examined will By the Board, David M. Konschnik, approximately 11.2-mile line of railroad, Director, Office of Proceedings. include the No-Build Alternative as well extending between milepost BG 7.2 at as Build Alternatives. This analysis will Glenshaw and milepost BG 18.4 at Vernon A. Williams, be used to refine the alternatives or Bakerstown, in Allegheny, County, PA. Secretary. eliminate a particular alternative(s) from The line traverses United States Postal [FR Doc. 03–26133 Filed 10–16–03; 8:45 am] further consideration due to the Service Zip Codes 15044, 15101, and BILLING CODE 4915–00–P potential for socio-economic, 15116. There are no stations on the line. environmental, or engineering impacts. CSXT has certified that: (1) No local This stage of the study will result in a traffic has moved over the line for at 1 Because this is a discontinuance of service Preliminary Alternatives Analysis least 2 years; (2) any overhead traffic on proceeding and not an abandonment, trail use/rail Report. the line can be rerouted over other lines; banking and public use conditions are not Following the preliminary analysis, (3) no formal complaint filed by a user appropriate. Additionally, this proceeding is the alternatives that are recommended of rail service on the line (or by a state exempt from environmental and historic reporting requirements under 49 CFR 1105.6(c)(6) and 1105.8. for further study will be developed in or local government entity acting on Nevertheless, CSXT filed environmental and greater detail and the environmental behalf of such user) regarding cessation historic reports with its notice. impacts for each will be assessed and of service over the line either is pending 2 Each offer of financial assistance must be described in the Environmental Impact with the Surface Transportation Board accompanied by the filing fee, which currently is Statement. or with any U.S. District Court or has set at $1,100. See 49 CFR 1002.2(f)(25).
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DEPARTMENT OF TRANSPORTATION due no later than November 6, 2003. DEPARTMENT OF THE TREASURY Each trail use request must be Surface Transportation Board accompanied by a $150 filing fee. See 49 Submission for OMB Review; [STB Docket No. AB–55 (Sub–No. 642X)] CFR 1002.2(f)(27). Comment Request All filings in response to this notice October 7, 2003. CSX Transportation, Inc.— must refer to STB Docket No. AB–55 The Department of Treasury has Abandonment Exemption—in (Sub-No. 642X) and must be sent to: (1) Vermillion County, IL submitted the following public Surface Transportation Board, 1925 K information collection requirement(s) to On September 29, 2003, CSX Street, N.W., Washington, DC 20423– OMB for review and clearance under the Transportation, Inc. (CSXT), filed with 0001; and (2) Natalie S. Rosenberg, 500 Paperwork Reduction Act of 1995, the Surface Transportation Board a Water Street, J150, Jacksonville, FL Public Law 104–13. Copies of the petition under 49 U.S.C. 10502 for 32202. Replies to the CSXT petition are submission(s) may be obtained by exemption from the provisions of 49 due on or before November 6, 2003. calling the Treasury Bureau Clearance U.S.C. 10903 to abandon an Persons seeking further information Officer listed. Comments regarding this approximately 5.9-mile line of railroad, concerning abandonment procedures information collection should be in CSXT’s Western Region, Chicago may contact the Board’s Office of Public addressed to the OMB reviewer listed Division, Woodland Subdivision, Services at (202) 565–1592 or refer to and to the Treasury Department extending from milepost OZE 107.1 at the full abandonment or discontinuance Clearance Officer, Department of the Rossville Junction to milepost OZE regulations at 49 CFR part 1152. Treasury, Room 11000, 1750 113.0 at Henning, in Vermillion County, Questions concerning environmental Pennsylvania Avenue, NW Washington, IL. The line traverses U.S. Postal Service issues may be directed to the Board’s DC 20220. Zip Codes 61848 and 60963 and Section of Environmental Analysis DATES: Written comments should be includes no stations. (SEA) at (202) 565–1539. [Assistance for received on or before November 17, The line does not contain federally 2003 to be assured of consideration. granted rights-of-way. Any the hearing impaired is available documentation in CSXT’s possession through the Federal Information Relay Internal Revenue Service (IRS) Service (FIRS) at 1–800–877–8339.] will be made available promptly to OMB Number: 1545–0028. An environmental assessment (EA) (or those requesting it. Form Number: IRS Forms 940 and The interest of railroad employees environmental impact statement (EIS), if 940–PR. will be protected by Oregon Short Line necessary) prepared by SEA will be Type of Review: Extension. R. Co.—Abandonment—Goshen, 360 served upon all parties of record and Title: Form 940: Employer’s Annual I.C.C. 91 (1979). upon any agencies or other persons who Federal Unemployment (FUTA) Tax By issuance of this notice, the Board commented during its preparation. Return; and Form 940–R: Planilla Para is instituting an exemption proceeding Other interested persons may contact La Declaracio´n Annual Del Patrono—La pursuant to 49 U.S.C. 10502(b). A final SEA to obtain a copy of the EA (or EIS). decision will be issued by January 16, Contribucio´n Federal Para El Desempleo EAs in these abandonment proceedings (FUTA). 2004. normally will be made available within Any offer of financial assistance Description: Internal Revenue Code 60 days of the filing of the petition. The (IRC) section 3301 imposes a tax on (OFA) under 49 CFR 1152.27(b)(2) will deadline for submission of comments on be due no later than 10 days after employees based on the first $7,000 of the EA will generally be within 30 days taxable annual wages paid to each service of a decision granting the of its service. petition for exemption. Each OFA must employee. IRS uses the information be accompanied by the filing fee, which Board decisions and notices are reported on Forms 940 and 940–PR currently is set at $1,100. See 49 CFR available on the Board’s Web site at (Puerto Rico) to ensure that employers 1002.2(f)(25). ‘‘www.stb.dot.gov.’’ have reported and figured the correct All interested persons should be Decided: October 8, 2003. FUTA wages and tax. Respondents: Business or other for- aware that, following abandonment of By the Board, David M. Konschnik, profit, Individuals or households, rail service and salvage of the line, the Director, Office of Proceedings. line may be suitable for other public Farms. use, including interim trail use. Any Vernon A. Williams, Estimated Number of Respondents/ request for a public use condition under Secretary. Recordkeepers: 1,367,000. 49 CFR 1152.28 or for trail use/rail [FR Doc. 03–26039 Filed 10–16–03; 8:45 am] Estimated Burden Hours Respondent/ banking under 49 CFR 1152.29 will be BILLING CODE 4915–00–P Recordkeepers:
Form 940 Form 940–PR
Recordkeeping ...... 13 hr., 52 min...... 14 hr., 35 min. Learning about the law or the form ...... 1 hr., 17 min...... 1 hr., 0 min. Preparing and sending the form to the IRS ...... 1 hr., 50 min...... 1 hr., 35 min.
Frequency of Response: Annually. Type of Review: Revision. Chapters 41 and 42 of the Internal Estimated Total Reporting/ Title: Form 990–PF: Return of Private Revenue Code. Recordkeeping Burden: 20,940,530 Foundation or Section 4974(a)(1) Description: Internal Revenue Code hours. Nonexempt Charitable Trust Treated as (IRC) section 6033 requires all private OMB Number: 1545–0052. a Private Foundation; and Form 4720: foundations, including section Form Number: IRS Forms 990–PF and Return of Certain Excise Taxes on 4947(a)(1) trusts treated as private 4720. Charities and Other Persons Under foundations, to file an annual
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information return. Section 53.4940– 42 of the Code for prohibited acts by Respondents: Not-for-profit 1(a) of the Income Tax Regulations private foundation and certain related institutions. requires that the tax on net investment parties. Form 4720 is used by Estimated Number of Respondents/ income be reported on the return filed foundations and/or related persons to Recordkeepers: 54,000. under section 6033. Form 990–PF is report prohibited activities in detail and Estimated Burden Hours Respondent/ used for this purpose. Section 6011 pay the tax on them. requires a report of taxes under Chapter Recordkeeper:
Form 990–PF Form 4720
Recordkeeping ...... 141 hr., 20 min...... 39 hr., 55 min. Learning about the law or the form ...... 28 hr., 8 min...... 16 hr., 30 min Preparing the form ...... 33 hr., 33 min...... 23 hr., 0 min. Copying, assembling, and sending the form to the IRS ...... 32 min...... 1 hr., 22 min.
Frequency of Response: Annually. Estimated Number of Respondents: DEPARTMENT OF THE TREASURY Estimated Total Reporting/ 36,688. Recordkeeping Burden: 11,057,373 Estimated Burden Hours Respondent: Departmental Offices; Debt hours. 6 minutes. Management Advisory Committee OMB Number: 1545–0196. Meeting Correction Form Number: IRS Form 5527. Frequency of Response: Annually. Notice is hereby given, pursuant to 5 Type of Review: Revision. Estimated Total Reporting Burden: U.S.C. App. 2, § 10(a)(2), that a meeting Title: Split-Interest Trust Information 3,669 hours. Return. will be held at the U.S. Treasury Description: The data reported is used OMB Number: 1545–1851. Department, 15th and Pennsylvania to verify the beneficiaries of a charitable Regulation Project Number: REG– Avenue, NW., Washington, DC, on remainder trust include the correct 124312–02 Final. November 4, 2003, at 11 a.m. of the following debt management advisory amounts in their tax returns, and that Type of Review: Extension. the split-interest trust is not subject to committee: private foundation taxes. Title: Golden Parachute Payments. Treasury Borrowing Advisory Respondents: Business or other for- Description: These regulations deny a Committee of The Bond Market profit. deduction for excess parachute Association (‘‘Committee’’) Estimated Number of Respondents/ payments. A parachute payment is a This Notice corrects the date of the Recordkeepers: 88,640. payment in the nature of compensation meeting shown in the Notice published Estimated Burden Hours Respondent/ to a disqualified individual that is on October 10, 2003 (68 FR 58750). Recordkeeper: contingent on a change in ownership or The agenda for the meeting provides control of its corporation. Certain for a charge by the Secretary of the Recordkeeping ...... 62 hr., 24 min. payments, including payments from a Treasury or his designate that the Learning about the law or 11 hr., 19 min. small corporation, are exempt from the Committee discuss particular issues, the form. definition of parachute payment if and a working session. Following the Preparing the form ...... 19 hr., 20 min. certain requirements are met (such as Copying, assembling, and 1 hr., 52 min. working session, the Committee will sending the form to the shareholder approval and disclosure present a written report of its IRS. requirements). recommendations. The meeting will be Respondents: Business or other for- closed to the public, pursuant to 5 Frequency of Response: Annually. profit. U.S.C. App. 2, § 10(d) and Pub. L. 103– 202, § 202(c)(1)(B)(31 U.S.C. § 3121 Estimated Total Reporting/ Estimated Number of Respondents: note). Recordkeeping Burden: 7,502,233 hours. 800. OMB Number: 1545–1222. This notice shall constitute my Form Number: IRS forms 8635 and Estimated Burden Hours Respondent: determination, pursuant to the authority 9383. 15 hours. placed in heads of agencies by 5 U.S.C. Type of Review: Extension. Frequency of Response: On occasion. App. 2, Section 10(d) and vested in me Title: Form 8635: Federal Income Tax Estimated Total Reporting Burden: by Treasury Department Order No. 101– Products Order Blank; and Form 9383: 12,000 hours. 05, that the meeting will consist of Fax Order Blank for BPOL Reorders. discussions and debates of the issues Description: Form 8635 serves as an Clearance Officer: Glenn Kirkland, (202) presented to the Committee by the order blank for participants of the BPOL 622–3428, Internal Revenue Service, Secretary of the Treasury and the Program. It collects information from Room 6411–03, 1111 Constitution making of recommendations of the banks, post offices and libraries Avenue, NW., Washington, DC 20224. Committee to the Secretary, pursuant to detailing the quantities and types of tax OMB Reviewer: Joseph F. Lackey, Jr., P.L. 103–202, Section 202(c)(1)(B). forms and related materials that they (202) 395–7316, Office of Thus, this information is exempt from will distribute to taxpayers during the Management and Budget, Room disclosure under that provision and 5 tax-filing season. The fax sheet (Form 10235, New Executive Office U.S.C. 552b(c)(3)(B). In addition, the 9383) allows participants to order Building, Washington, DC 20503. meeting is concerned with information products via fax. that is exempt from disclosure under 5 Respondents: Business or other for- Lois K. Holland, U.S.C. § 552b(c)(9)(A). The public profit, Not-for-profit institutions, Treasury PRA Clearance Officer. interest requires that such meetings be Federal Government, State, Local or [FR Doc. 03–26173 Filed 10–16–03; 8:45 am] closed to the public because the Tribal Government. BILLING CODE 4830–01–P Treasury Department requires frank and
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full advice from representatives of the SUMMARY: An open meeting of the Ad DATES: The meeting will be held financial community prior to making its Hoc Committee of the Taxpayer Monday, November 17, 2003. final decision on major financing Advocacy Panel will be conducted (via FOR FURTHER INFORMATION CONTACT: operations. Historically, this advice has teleconference). The Taxpayer Mary Peterson O’Brien at 1–888–912– been offered by debt management Advocacy Panel (TAP) will be 1227, or 206–220–6096. advisory committees established by the discussing issues on IRS Customer SUPPLEMENTARY INFORMATION: Notice is several major segments of the financial Service. hereby given pursuant to section community. When so utilized, such a DATES: The meeting will be held 10(a)(2) of the Federal Advisory committee is recognized to be an Monday, November 3, 2003. Committee Act, 5 U.S.C. App. (1988) advisory committee under 5 U.S.C. App. FOR FURTHER INFORMATION CONTACT: Judi that an open meeting of the Area 6 2, Section 3. Nicholas at 1–888–912–1227, or 206– Taxpayer Advocacy Panel will be held Although the Treasury’s final Monday, November 17th, 2003 from 2 announcement of financing plans may 220–6096. SUPPLEMENTARY INFORMATION: Notice is p.m. Pacific Time to 4 p.m. Pacific Time not reflect the recommendations via a telephone conference call. The provided in reports of the Committee, hereby given pursuant to section 10(a)(2) of the Federal Advisory public is invited to make oral premature disclosure of the Committee’s comments. Individual comments will be deliberations and reports would be Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 6 limited to 5 minutes. If you would like likely to lead to significant financial to have the TAP consider a written speculation in the securities market. Taxpayer Advocacy Panel will be held Monday, November 3rd, 2003, from 8 statement, please call 1–888–912–1227 Thus, this meeting falls within the or 206–220–6096, or write to Judi exemption covered by 5 U.S.C. a.m. Pacific time to 10 a.m. Pacific time via a telephone conference call. The Nicholas, TAP Office, 915 2nd Avenue, 552b(c)(9)(A). MS W–406, Seattle, WA 98174. Due to Treasury staff will provide a technical public is invited to make oral comments. Individual comments will be limited conference lines, notification of briefing to the press on the day before intent to participate in the telephone the Committee meeting, following the limited to 5 minutes. If you would like to have the TAP consider a written conference call meeting must be made release of a statement of economic with Judi Nicholas. Ms. Nicholas can be conditions, financing estimates and statement, please call 1–888–912–1227 or 206–220–6096, or write to Judi reached at 1–888–912–1227 or 206– technical charts. This briefing will give 220–6096. the press an opportunity to ask Nicholas, TAP Office, 915 2nd Avenue, MS W–406, Seattle, WA 98174. Due to The agenda will include the questions about financing projections following: various IRS issues. and technical charts. The day after the limited conference lines, notification of Committee meeting, Treasury will intent to participate in the telephone Dated: October 10, 2003. release the minutes of the meeting, any conference call meeting must be made Tersheia Carter, charts that were discussed at the with Judi Nicholas. Ms. Nicholas can be Director, Taxpayer Advocacy Panel. meeting, and the Committee’s report to reached at 1–888–912–1227 or 206– [FR Doc. 03–26315 Filed 10–16–03; 8:45 am] the Secretary. 220–6096. BILLING CODE 4830–01–P The Office of Financial Markets is The agenda will include the responsible for maintaining records of following: various IRS issues. debt management advisory committee Dated: October 10, 2003. DEPARTMENT OF THE TREASURY meetings and for providing annual Tersheia Carter, Internal Revenue Service reports setting forth a summary of Director, Taxpayer Advocacy Panel. Committee activities and such other [FR Doc. 03–26314 Filed 10–16–03; 8:45 am] Open Meeting of the Small Business/ matters as may be informative to the BILLING CODE 4830–01–P Self Employed—Payroll Committee of public consistent with the policy of 5 the Taxpayer Advocacy Panel U.S.C. 552(b). The Designated Federal Officer or other responsible agency DEPARTMENT OF THE TREASURY AGENCY: Internal Revenue Service (IRS), official who may be contacted for Treasury. additional information is Tim Internal Revenue Service ACTION: Notice. Bitsberger, Deputy Assistant Secretary, Federal Finance, at (202) 622–2245. Open Meeting of the Area 6 Taxpayer SUMMARY: An open meeting of the Small Dated: October 14, 2003. Advocacy Panel (Including the States Business/Self Employed—Payroll of Alaska, Arizona, Colorado, Hawaii, Committee of the Taxpayer Advocacy Brian C. Roseboro, Idaho, Montana, New Mexico, Nevada, Panel will be conducted (via Assistant Secretary Financial Markets. Oregon, Washington and Wyoming) teleconference). The TAP will be [FR Doc. 03–26382 Filed 10–15–03; 2:16 pm] discussing issues pertaining to AGENCY: BILLING CODE 4810–25–M Internal Revenue Service (IRS), increasing compliance and lessoning the Treasury. burden for Small Business/Self ACTION: Notice. Employed individuals. DEPARTMENT OF THE TREASURY Recommendations for IRS systemic SUMMARY: An open meeting of the Area changes will be developed. Internal Revenue Service 6 Taxpayer Advocacy Panel will be conducted (via teleconference). The DATES: The meeting will be held Open Meeting of the Ad Hoc Taxpayer Advocacy Panel (TAP) is Thursday, November 6, 2003. Committee of the Taxpayer Advocacy soliciting public comments, ideas, and FOR FURTHER INFORMATION CONTACT: Panel suggestions on improving customer Mary O’Brien at 1–888–912–1227, or 206 220–6096. AGENCY: Internal Revenue Service (IRS), service at the Internal Revenue Service. Treasury. The TAP will use citizen input to make SUPPLEMENTARY INFORMATION: Notice is recommendations to the Internal hereby given pursuant to section ACTION: Notice. Revenue Service. 10(a)(2) of the Federal Advisory
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Committee Act, 5 U.S.C. App. (1988) DEPARTMENT OF VETERANS writing to: Robert W. Potts, Department that an open meeting of the Small AFFAIRS of Veterans Affairs, Director Technology Business/Self Employed—Payroll Transfer Program, Research and Committee of the Taxpayer Advocacy Research and Development Office; Development Office, 810 Vermont Panel will be held Thursday, November Government Owned Invention Avenue NW., Washington, DC 20420; 6th, 2003 from 3 p.m. EDT to 4:30 p.m. Available for Licensing fax: 202–254–0473; email at [email protected]. Any request EDT via a telephone conference call. If AGENCY: Research and Development for information should include the you would like to have the TAP Office, VA. consider a written statement, please call Number and Title for the relevant ACTION: Notice of Government owned 1–888–912–1227 or 206–220–6096, or invention as indicated below. Issued invention available for licensing. write to Mary O’Brien, TAP Office, 915 patents may be obtained from the Commissioner of Patents, U.S. Patent 2nd Avenue, MS W–406, Seattle, WA SUMMARY: The invention listed below is and Trademark Office, Washington, DC 98174. Due to limited conference lines, owned by the U.S. Government as 20231. notification of intent to participate in represented by the Department of the telephone conference call meeting Veterans Affairs, and is available for SUPPLEMENTARY INFORMATION: The must be made with Mary O’Brien. Ms licensing in accordance with 35 U.S.C. invention available for licensing is: O’Brien can be reached at 1–888–912– 207 and 37 CFR part 404 to achieve International Patent Application No. 1227 or 206–220–6096. expeditious commercialization of PCT/US03/19559 ‘‘Isolated/Cloned The agenda will include the results of federally funded research and Human NT2 Cell Lines Expressing following: Various IRS issues. development. Foreign patents are filed Serotonin and GABA’’ on selected inventions to extend market Dated: October 10, 2003. coverage for U.S. companies and may Dated: October 3, 2003. Tersheia Carter, also be available for licensing. Anthony J. Principi, Acting Director, Taxpayer Advocacy Panel. FOR FURTHER INFORMATION CONTACT: Secretary, Department of Veterans Affairs. [FR Doc. 03–26316 Filed 10–16–03; 8:45 am] Technical and licensing information on [FR Doc. 03–26183 Filed 10–16–03; 8:45 am] BILLING CODE 4830–01–P the invention may be obtained by BILLING CODE 8320–01–U
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Corrections Federal Register Vol. 68, No. 201
Friday, October 17, 2003
This section of the FEDERAL REGISTER DEPARTMENT OF THE INTERIOR Tuesday, September 30, 2003 make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Office of the Special Trustee for On page 56319, in the table, under the and Notice documents. These corrections are American Indians heading ‘‘CFR Section’’ in the first line, prepared by the Office of the Federal ‘‘15.705’’ should read ‘‘115.705’’ Register. Agency prepared corrections are New Information Collection issued as signed documents and appear in [FR Doc. C3–24795 Filed 10–16–03; 8:45 am] the appropriate document categories Correction BILLING CODE 1505–01–D elsewhere in the issue. In notice document 03–24795 beginning on page 56318 in the issue of
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Part II
Department of Housing and Urban Development 24 CFR Part 5 Open Competition and Government Neutrality Towards Government Contractors’ Labor Relations on Federal and Federally Funded Construction Projects; Final Rule
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DEPARTMENT OF HOUSING AND Relations on Federal and Federally economic impact on a substantial URBAN DEVELOPMENT Funded Construction Projects’’ on number of small entities. The final rule February 17, 2001 (the Order was implements Executive Order 13202, 24 CFR Part 5 published in the Federal Register on which revokes previous requirements [Docket No. FR–4695–F–02] February 22, 2001, at 66 FR 11225). encouraging the inclusion of project Executive Order 13202 is intended to labor agreements as a condition for RIN 2501–AC98 improve the internal management of the award of federally funded contracts or Executive Branch. The Order provides subcontracts on construction projects. Open Competition and Government that agencies may not require or The Executive Order directs government Neutrality Towards Government prohibit bidders, offerors, contractors, or neutrality towards the use of such Contractors’ Labor Relations on subcontractors from entering into or agreements, thus placing the decision of Federal and Federally Funded adhering to agreements with one or whether to enter into a project labor Construction Projects more labor organizations. The Executive agreement with individual contractors AGENCY: Office of the Secretary, HUD. Order also permits agency heads to and subcontractors. ACTION: Final rule. exempt a project from its requirements This applies equally to large and under special circumstances, but the small entities that seek federally funded SUMMARY: This final rule provides for exemption may not be related to the construction contracts and does not codification of the requirements of possibility of or an actual labor dispute. establish requirements applicable to Executive Order 13202 (the Executive The Order was amended by Executive entities based on their size. Further, Order), entitled ‘‘Preservation of Open Order 13208, issued on April 6, 2001. HUD neither requires nor prohibits the Competition and Government Neutrality The amendment was to add a paragraph use of project labor agreements on HUD- Towards Government Contractors’ Labor (c) to section 5 of Executive Order funded construction projects. Although Relations on Federal and Federally 13202. The new paragraph (c) addresses some HUD-funded construction projects Funded Construction Projects.’’ The exemption of a project from the are subject to project labor agreements, Executive Order provides that, to the provisions of sections 1 and 3 of the in many instances this is due to the extent permitted by law, agencies may Executive Order. (Executive Order voluntary decision of individual not permit inclusion of contract 13208 was published in the Federal contractors and subcontractors. conditions requiring or prohibiting Register on April 11, 2001, at 66 FR Therefore, the final rule will not entering into or adhering to agreements 18717.) significantly revise existing practices or with a labor organization, or otherwise HUD’s May 22, 2003, interim rule hiring costs for small contractors and discriminating against parties entering added a new section § 5.108 to HUD’s subcontractors participating in HUD’s into or adhering to such agreements, as regulations in 24 CFR part 5, subpart A. construction programs. To the extent the a condition for award of any federally The interim rule codified the rule has an impact on small entities, it funded contract or subcontract for requirements of Executive Order 13202 should be a positive economic impact construction. This final rule follows for HUD’s programs. The regulations in on those small entities that are not publication of a May 22, 2003, interim subpart A of part 5 contain the union shops, because the rule may rule. HUD did not receive any public definitions and federal requirements provide additional opportunities to comments on the interim rule and, generally applicable to all of HUD’s work on federally funded construction therefore, is adopting the interim rule programs. By placing the requirements projects by non-union small businesses. without change. of the Executive Order in those HUD Environmental Impact DATES: regulations that contain across-the- Effective Date: November 17, A Finding of No Significant Impact board requirements, HUD is ensuring 2003. with respect to the environment was the broadest applicability of the FOR FURTHER INFORMATION CONTACT: made at the interim rule stage, in requirements of Executive Order 13202. Edward L. Johnson, Director, Office of accordance with HUD regulations at 24 The preamble to the May 22, 2003, Labor Relations, Office of Departmental CFR part 50, which implement section interim rule provides a detailed Operations and Coordination, 102(2)(C) of the National Environmental description of the regulatory Department of Housing and Urban Policy Act of 1969 (42 U.S.C. 4332). The amendments to 24 CFR part 5. Development, 451 Seventh Street, SW., Finding of No Significant Impact is Washington, DC 20410–8000; telephone II. This Final Rule available for public inspection between (202) 708–0370 (this is not a toll-free This final rule follows publication of the hours of 7:30 a.m. and 5:30 p.m. number). Hearing- or speech-impaired the May 22, 2003, interim rule. The weekdays in the Office of the Rules individuals may access this number interim rule became effective on June Docket Clerk, Office of General Counsel, through TTY by calling the toll-free 23, 2003, and provided for a 60-day Room 10276, Department of Housing Federal Information Relay Service at public comment period. The comment and Urban Development, 451 Seventh (800) 877–8339. period on the interim rule closed on Street, SW., Washington, DC 20410– SUPPLEMENTARY INFORMATION: July 21, 2003. HUD did not receive any 0500. I. Background—HUD’s May 22, 2003, public comments on the interim rule. Unfunded Mandates Reform Act Interim Rule Accordingly, this final rule adopts the Title II of the Unfunded Mandates On May 22, 2003 (68 FR 28102), HUD interim rule without changes. Reform Act of 1995 (UMRA) (2 U.S.C. published an interim rule establishing III. Findings and Certifications 1531–1538) establishes requirements for regulations to codify the requirements of federal agencies to assess the effects of Executive Order 13202 for HUD’s Regulatory Flexibility Act their regulatory actions on state, local, programs. President George W. Bush The Secretary, in accordance with the and tribal governments and the private signed Executive Order 13202, entitled Regulatory Flexibility Act (5 U.S.C. sector. This final rule does not impose ‘‘Preservation of Open Competition and 605(b)), has reviewed this rule before any federal mandates on any state, local, Government Neutrality Towards publication and by approving it certifies or tribal governments or the private Government Contractors’ Labor that this rule does not have a significant sector within the meaning of the UMRA.
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Executive Order 13132, Federalism compliance costs on state and local housing, Rent subsidies, Reporting and governments or preempt state law recordkeeping requirements. Executive Order 13132 (entitled within the meaning of the Executive Accordingly, for the reasons stated in ‘‘Federalism’’) prohibits, to the extent Order. practicable and permitted by law, an the preamble, the interim rule for part agency from promulgating a regulation List of Subjects in 24 CFR Part 5 5 of subtitle A of title 24 of the Code of that has federalism implications and Administrative practice and Federal Regulations, published on May either imposes substantial direct procedure, Aged, Claims, Drug abuse, 22, 2003, at 68 FR 28102, is compliance costs on state and local Drug traffic control, Grant programs— promulgated as final, without change. governments and is not required by housing and community development, Dated: October 7, 2003. statute, or preempts state law, unless the Grant programs—Indians, Individuals Mel Martinez, relevant requirements of section 6 of the with disabilities, Loan programs— Executive Order are met. This rule does housing and community development, Secretary. not have federalism implications and Low and moderate income housing, [FR Doc. 03–26317 Filed 10–16–03; 8:45 am] does not impose substantial direct Mortgage insurance, Pets, Public BILLING CODE 4210–32–U
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Part III
The President Proclamation 7722—White Cane Safety Day, 2003
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Federal Register Presidential Documents Vol. 68, No. 201
Friday, October 17, 2003
Title 3— Proclamation 7722 of October 15, 2003
The President White Cane Safety Day, 2003
By the President of the United States of America
A Proclamation
Every day, millions of Americans who are blind or visually impaired use the white cane as they travel, attend school, or work. The white cane remains one of the most important and reliable tools for people who are blind or visually impaired. It increases the mobility of these citizens, facili- tating their inclusion in all aspects of American life. Since 1964 on White Cane Safety Day, America has reaffirmed our commitment to achieving equal opportunity and full independence for those who are blind or visually impaired. Today, more people with disabilities are attending school and working than ever before. However, much work remains to fully open the doors of oppor- tunity for citizens who are blind or visually impaired. To meet these chal- lenges, I have created the New Freedom Initiative, a comprehensive plan to assist Americans with disabilities by increasing access to educational and employment opportunities. This initiative is lowering barriers more so that Americans can participate fully in their communities, and live and work in dignity and freedom. My Administration also continues to promote implementation of section 508 of the Rehabilitation Act of 1973. This important statute requires the Federal Government to make more of its electronic and information tech- nology resources, including Government websites, accessible to people with disabilities. As we recognize the contributions of people who are blind or visually impaired, we resolve to continue building a better America where all individ- uals are celebrated for their abilities and encouraged to achieve their dreams. The Congress, by joint resolution (Public Law 88–628) approved on October 6, 1964, as amended, has designated October 15 of each year as ‘‘White Cane Safety Day.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim October 15, 2003, as White Cane Safety Day. I call upon public officials, educators, librarians, and all the people of the United States to join with me in ensuring that all the benefits and privileges of life in our great Nation are available to blind and visually impaired individuals, and to observe this day with appropriate ceremonies, activities, and programs.
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IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of October, in the year of our Lord two thousand three, and of the Independ- ence of the United States of America the two hundred and twenty-eighth. W
[FR Doc. 03–26459 Filed 10–16–03; 8:54 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 68, No. 201 Friday, October 17, 2003
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 2...... 58575 Presidential Documents 3 CFR 3...... 58575 Proclamations: Executive orders and proclamations 741–6000 94...... 59527 7710...... 56521 The United States Government Manual 741–6000 113...... 57607 7711...... 58251 Other Services 7712...... 58253 Proposed Rules: 113...... 57638 Electronic and on-line services (voice) 741–6020 7713...... 58255 7714...... 58257 Privacy Act Compilation 741–6064 10 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 7715...... 58259 Ch. 1 ...... 58792 TTY for the deaf-and-hard-of-hearing 741–6086 7716...... 58573 7717...... 59079 30...... 57327 7718...... 59305 40...... 57327 ELECTRONIC RESEARCH 7719...... 59513 70...... 57327 7720...... 59515 72...... 57785 World Wide Web 7721...... 59517 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 7722...... 59853 40...... 59346 is located at: http://www.access.gpo.gov/nara Administrative Orders: 52...... 57383 Federal Register information and research tools, including Public Presidential 72...... 57839 Determinations: Inspection List, indexes, and links to GPO Access are located at: 12 CFR http://www.archives.gov/federallregister/ No. 2003–40 ...... 57319 No. 2003–41 ...... 58261 3...... 56530 E-mail 204...... 57788 5 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 208...... 56530 an open e-mail service that provides subscribers with a digital 575...... 56665 225...... 56530 form of the Federal Register Table of Contents. The digital form 870...... 59081 325...... 56530 of the Federal Register Table of Contents includes HTML and 890...... 56523 559...... 57790 892...... 56523, 56525 PDF links to the full text of each document. 562...... 57790 6 CFR 563...... 57790 To join or leave, go to http://listserv.access.gpo.gov and select 567...... 56530 Online mailing list archives, FEDREGTOC-L, Join or leave the list 25...... 59684 702...... 56537 (or change settings); then follow the instructions. 7 CFR 704...... 56537 PENS (Public Law Electronic Notification Service) is an e-mail 712...... 56537 service that notifies subscribers of recently enacted laws. 272...... 59519 723...... 56537 275...... 59519 742...... 56537 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 301 ...... 56529, 59082, 59091, and select Join or leave the list (or change settings); then follow 910...... 59308 59307 913...... 59308 the instructions. 905...... 59446 Proposed Rules: 930...... 57321 FEDREGTOC-L and PENS are mailing lists only. We cannot 3...... 56568 945...... 59524 respond to specific inquiries. 208...... 56568 956...... 57324 Reference questions. Send questions and comments about the 225...... 56568 993...... 57783 Federal Register system to: [email protected] 1206...... 58552 325...... 56568 The Federal Register staff cannot interpret specific documents or 1220...... 57326 567...... 56568 regulations. 701...... 56586 Proposed Rules: 708a...... 56589 58...... 57382 741...... 56586 FEDERAL REGISTER PAGES AND DATE, OCTOBER 301...... 59548 923...... 58636 13 CFR 56521–56764...... 1 946...... 58638 56765–57318...... 2 1000...... 59554 102...... 59091 120...... 56553, 57960 57319–57606...... 3 1001...... 59554 121...... 59309 57607–57782...... 6 1005...... 59554 1006...... 59554 57783–58008...... 7 14 CFR 1007...... 59554 58009–58260...... 8 1030...... 59554 23 ...... 58009, 59098, 59099 58261–58574...... 9 1032...... 59554 25...... 59095, 59705 58575–59078...... 10 1033...... 59554 39 ...... 57337, 57339, 57343, 59079–59304...... 14 1124...... 59554 57346, 57609, 57611, 58263, 59305–59512...... 15 1126...... 59554 58265, 58268, 58271, 58273, 59513–59704...... 16 1131...... 59554 58578, 58581, 59101, 59104, 59705–59854...... 16 1135...... 59554 59106, 59109, 59531, 59532, 1206...... 58556 59707, 59709, 59711 71 ...... 57347, 58011, 58582, 9 CFR 59112, 59113, 59148, 59713 1...... 58575 97...... 57347, 57349
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Proposed Rules: Proposed Rules: 63...... 58172, 58615 1...... 56669 25...... 58042 301...... 59557 80...... 56776, 57815 2 ...... 56669, 56676, 56681 39 ...... 56591, 56594, 56596, 81...... 57820 4 ...... 56669, 56676, 56679 27 CFR 56598, 56792, 56794, 56796, 239...... 57824 5...... 56676 56799, 56801, 57392, 57394, 73...... 58600 258...... 57824, 59333 6...... 56676 57639, 58044, 58046, 58050, Proposed Rules: 271...... 59542 7...... 56676 58283, 58285, 58287, 58289, 9...... 57840, 57845 Proposed Rules: 8...... 56688 58291, 59136, 59138, 59139, 30...... 57850, 59563 9...... 56676 59347, 59349, 59555 29 CFR 31...... 57850, 59563 10...... 56676, 56681 73...... 58052 403...... 58374 33...... 57850, 59563 12 ...... 56676, 56681, 56682 15 CFR 408...... 58374 35...... 57850, 59563 13...... 56669, 56681 4022...... 59315 40...... 57850, 59563 14...... 56676 303...... 56555 4044...... 59315 52 ...... 58055, 58295, 58644, 19...... 56676, 56681 Proposed Rules: Proposed Rules: 59145, 59146, 59355, 59356, 22...... 56676 801...... 59750 1926...... 59751 59754 24...... 56688 60...... 58838 25 ...... 56676, 56681, 56684, 16 CFR 30 CFR 62...... 58646 56685 1000...... 57799 935...... 57352 70...... 58055 31...... 56686 17 CFR 938...... 56765, 57805 71...... 58055 32...... 56669, 56682 Proposed Rules: 80...... 56805, 57851 4...... 59113 34...... 56676 914...... 59352 82...... 56809 30...... 58583 35...... 56676 917...... 57398 131...... 58758 230...... 57760 36...... 56676 141...... 58057 52 ...... 56669, 56682, 56684, 239...... 57760 31 CFR 142...... 58057 270...... 57760 56685 Proposed Rules: 143...... 58057 274...... 57760 202...... 56560, 58631 50...... 59715, 59720 228...... 58295 275...... 56692 204...... 58631 239...... 57855 211...... 58631 279...... 56692 33 CFR 258...... 57855 212...... 58631 Proposed Rules: 261...... 56603 100 ...... 58011, 58013, 58603 213...... 56560 239...... 58226 271...... 59563 110...... 58015 226...... 56561 274...... 58226 300...... 57855 117 ...... 57356, 57614, 58018, 237...... 56563 275...... 58226 59114, 59316, 59535 41 CFR 243...... 58631 19 CFR 147...... 59116 252 ...... 56560, 56561, 58631 165 ...... 57358, 57366, 57368, 101–6...... 56560 1817...... 57629 12...... 58371 101–8...... 57730 57370, 57616, 58015, 58604, Proposed Rules: Proposed Rules: 58606, 59118, 59538, 59727 191...... 56804 42 CFR 16...... 56613 334...... 57624 39...... 56613, 59447 409...... 58756 20 CFR Proposed Rules: 511...... 59510 100...... 58640 411...... 58756 604...... 58540 552...... 59510 117...... 58642, 59143 412...... 57732 21 CFR 165...... 59752 413...... 57732, 58756 440...... 58756 49 CFR 1...... 58894, 58974 334...... 57642 483...... 58756 171...... 57629 20...... 58894 37 CFR 488...... 58756 172...... 57629 111...... 59714 489...... 58756 172...... 57799, 57957 2...... 56556 173...... 57629 260...... 57814 310...... 59714 44 CFR 175...... 57629 347...... 58273 Proposed Rules: 176...... 57629 59...... 59126 520...... 57351 201...... 58054 177...... 57629 61...... 59126 522...... 56765 178...... 57629 38 CFR 65...... 57625 529...... 57613 179...... 57629 67...... 57825, 57828 1300...... 57799 3...... 59540 544...... 59132 1301...... 58587 21...... 59729 Proposed Rules: 575...... 59249 1309...... 57799 Proposed Rules: 61...... 59146 1503...... 58281 1310...... 57799 17...... 56876, 59557 62...... 59146 36...... 58293 67...... 57856 Proposed Rules: 50 CFR 1...... 56600 39 CFR 47 CFR 356...... 57642 17 ...... 56564, 57829, 59337 111 ...... 56557, 58273, 59731 0...... 59747 21...... 58022 22 CFR 224...... 56557 1...... 58629, 59127 32...... 57308 120...... 57352 230...... 57372 5...... 59335 622...... 57375 261...... 56557 24...... 57828 635...... 56783, 59546 24 CFR 262...... 56557 25 ...... 58629, 59127, 59128 648...... 58037, 58281 5...... 59848 263...... 56557 52...... 56781 660...... 57379 598...... 57604 264...... 56557 64...... 56764, 59130 679 ...... 56788, 57381, 57634, 599...... 57604 265...... 56557 73...... 57829, 59748 57636, 57837, 58037, 58038, 982...... 57804 266...... 56557 74...... 59131 59345, 59546, 59748 Proposed Rules: 267...... 56557 76...... 59336 697...... 56789 203...... 58006 268...... 56557 78...... 59131 Proposed Rules: Proposed Rules: 17...... 57643, 57646 25 CFR 40 CFR Ch. 1 ...... 59756 300...... 58296 Proposed Rules: 52 ...... 58019, 58276, 58608, 51...... 59757 402...... 58298 514...... 58053 59121, 59123, 59318, 59321, 73 ...... 56810, 56811, 57861 622...... 57400, 59151 59327, 59741 648...... 56811 26 CFR 60...... 59328 48 CFR 660...... 59358, 59771 1...... 56556, 59114 62...... 57518, 58613 Ch. 1...... 56668, 56689 679...... 59564
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REMINDERS Housing Choice Voucher Direct farm loan programs; the Department of The items in this list were Program— appraisals; comments due Veterans Affairs; editorially compiled as an aid Homeownership option; by 10-20-03; published 8- comments due by 10- to Federal Register users. eligibility of public 21-03 [FR 03-21422] 20-03; published 8-19- Inclusion or exclusion from housing agency-owned Guaranteed farm loan 03 [FR 03-21012] this list has no legal or controlled units; program; comments due ENERGY DEPARTMENT significance. published 9-17-03 by 10-20-03; published 8- Federal Energy Regulatory Homeownership option; 19-03 [FR 03-21040] Commission eligibility of public AGRICULTURE Electric rate and corporate RULES GOING INTO housing agency-owned DEPARTMENT regulation filings: or controlled units; EFFECT OCTOBER 17, Rural Business-Cooperative Virginia Electric & Power correction; published 2003 Service Co. et al.; Open for 10-7-03 Program regulations: comments until further TREASURY DEPARTMENT AGRICULTURE Direct farm loan programs; notice; published 10-1-03 Terrorism Risk Insurance DEPARTMENT appraisals; comments due [FR 03-24818] Program: Agricultural Marketing by 10-20-03; published 8- ENVIRONMENTAL Service Disclosures and mandatory 21-03 [FR 03-21422] PROTECTION AGENCY availability requirements; Air pollutants, hazardous; Potatoes (Irish) grown in— published 10-17-03 AGRICULTURE national emission standards: Idaho and Oregon; State residual market DEPARTMENT Asbestos; comments due by published 10-16-03 insurance entities; Rural Housing Service 10-20-03; published 9-18- DEFENSE DEPARTMENT published 10-17-03 Program regulations: 03 [FR 03-23846] Vocational rehabilitation and VETERANS AFFAIRS Direct farm loan programs; Air pollution control; new education: DEPARTMENT appraisals; comments due motor vehicles and engines: Vocational rehabilitation and by 10-20-03; published 8- Veterans education— Compression-ignition marine education: 21-03 [FR 03-21422] Montgomery GI Bill- engines at or above 30 Selected Reserve; Veterans benefits— AGRICULTURE liters per cylinder; miscellaneous revisions; Montgomery GI Bill- DEPARTMENT emission standards; published 10-17-03 Selected Reserve; Rural Utilities Service correction; comments due ENVIRONMENTAL miscellaneous revisions; Program regulations: by 10-20-03; published 9- published 10-17-03 PROTECTION AGENCY Direct farm loan programs; 19-03 [FR 03-23849] Air programs; approval and appraisals; comments due Compression-ignition marine promulgation; State plans RULES GOING INTO by 10-20-03; published 8- engines at or above 30 for designated facilities and EFFECT OCTOBER 18, 21-03 [FR 03-21422] liters per cylinder; pollutants: 2003 COMMERCE DEPARTMENT emission standards Arizona and Nevada; National Oceanic and Correction; comments due published 8-18-03 HOMELAND SECURITY Atmospheric Administration by 10-20-03; published DEPARTMENT 9-19-03 [FR 03-23848] FEDERAL Fishery conservation and COMMUNICATIONS Coast Guard management: Air quality implementation plans; approval and COMMISSION Drawbridge operations: Atlantic highly migratory Florida; published 9-19-03 promulgation; various Organization, functions, and species— States; air quality planning authority delegations: Atlantic blue and white purposes; designation of Commission; published 10- RULES GOING INTO marlin; recreational areas: 17-03 EFFECT OCTOBER 19, landings limit; New Mexico; comments due HEALTH AND HUMAN 2003 comments due by 10- by 10-20-03; published 9- SERVICES DEPARTMENT 24-03; published 9-17- 18-03 [FR 03-23747] 03 [FR 03-23764] Food and Drug POSTAL SERVICE Air quality implementation Administration Domestic Mail Manual: Northeastern United States plans; approval and fisheries— Food for human consumption: Parcel return services promulgation; various experiment; published 9- Atlantic surf clam and States: Food labeling — 18-03 ocean quahog; Arizona; comments due by Iron-containing comments due by 10- 10-22-03; published 9-22- supplements and drugs; COMMENTS DUE NEXT 23-03; published 8-25- 03 [FR 03-24003] warning statements and 03 [FR 03-21609] unit-dose packaging WEEK Air quality planning purposes; DEFENSE DEPARTMENT requirements; published designation of areas: 10-17-03 AGRICULTURE Acquisition regulations: Arizona; comments due by DEPARTMENT 10-22-03; published 9-22- HOMELAND SECURITY Multiyear contracting 03 [FR 03-24002] DEPARTMENT Forest Service authority revisions; comments due by 10-20- Environmental statements; Coast Guard Alaska National Interest Lands Conservation Act; Title VIII 03; published 8-21-03 [FR availability, etc.: Vocational rehabilitation and implementation (subsistence 03-21309] Coastal nonpoint pollution education: priority): Production surveillance and control program— Veterans education— Wildlife; 2004-2005; reporting; comments due Minnesota and Texas; Montgomery GI Bill- subsistence taking; by 10-20-03; published 8- Open for comments Selected Reserve; comments due by 10-24- 21-03 [FR 03-21312] until further notice; miscellaneous revisions; 03; published 8-19-03 [FR Civilian health and medical published 10-16-03 [FR published 10-17-03 03-21121] program of uniformed 03-26087] HOUSING AND URBAN AGRICULTURE services (CHAMPUS): FEDERAL DEVELOPMENT DEPARTMENT TRICARE program— COMMUNICATIONS DEPARTMENT Farm Service Agency Coordination of benefits COMMISSION Public and Indian housing: Program regulations: between TRICARE and Common carrier services:
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Americans with Disabilities published 9-22-03 [FR 03- Saab; comments due by 10- inducement fees; Act; implementation— 23986] 20-03; published 9-19-03 comments due by 10-20- Individuals with hearing MERIT SYSTEMS [FR 03-23939] 03; published 7-21-03 [FR and speech disabilities; PROTECTION BOARD Airworthiness standards: 03-18212] telecommunications Practice and procedure: Special conditions— Retirement plans; cash or relay services and Expeditious adjudication of Douglas Models DC-8-61, deferred arrangements speech-to-speech appeals; comments due -61F, -63, -63F, -71, and matching or services; comments due by 10-20-03; published 9- -71F, -72, -72F, -73, employee contributions; by 10-24-03; published 18-03 [FR 03-23857] and -73F airplanes; comments due by 10-22- 8-25-03 [FR 03-21615] 03; published 7-17-03 [FR PERSONNEL MANAGEMENT comments due by 10- FEDERAL TRADE 03-17755] OFFICE 20-03; published 9-19- COMMISSION 03 [FR 03-23970] Employment: Securities in an S Industry guides: Class D and Class E Executive branch employees corporation; prohibited Tire advertising and labeling airspace; comments due by detailed to legislative allocations; cross- guides; comments due by 10-23-03; published 9-12-03 branch; guidelines; reference; comments due 10-24-03; published 8-25- [FR 03-23298] by 10-20-03; published 7- 03 [FR 03-21681] comments due by 10-24- 03; published 9-9-03 [FR TRANSPORTATION 21-03 [FR 03-18211] HEALTH AND HUMAN 03-22904] DEPARTMENT TREASURY DEPARTMENT SERVICES DEPARTMENT Intergovernmental Personnel Federal Motor Carrier Safety Privacy Act; implementation; Centers for Medicare & Act Mobility Programs: Administration Medicaid Services comments due by 10-22-03; Federal Government and Hazardous materials: Medicare: published 9-22-03 [FR 03- State, local, and Indian Hazardous materials 24055] Respiratory assist devices Tribal governments, higher transportation— with bi-level capacity and education institutions, etc.; TREASURY DEPARTMENT back-up rate; payment; Safety permits; comments temporary employee due by 10-20-03; Alcohol and Tobacco Tax comments due by 10-21- assignments; comments 03; published 8-22-03 [FR published 8-19-03 [FR and Trade Bureau due by 10-21-03; 03-20887] 03-21443] published 8-22-03 [FR 03- Alcoholic beverages: HOMELAND SECURITY 21417] TRANSPORTATION DEPARTMENT Flavored malt beverages; DEPARTMENT SOCIAL SECURITY comments due by 10-21- National Highway Traffic Coast Guard ADMINISTRATION 03; published 6-2-03 [FR Safety Administration Drawbridge operations: Social security benefits: 03-13670] Insurer reporting requirements: California; comments due by Federal old-age, survivors, 10-22-03; published 9-22- and disability insurance— Insurers required to file reports; list; comments 03 [FR 03-24016] Earnings; annual test for LIST OF PUBLIC LAWS due by 10-25-03; Oregon; comments due by retirement beneficiaries; published 10-14-03 [FR 10-20-03; published 9-5- comments due by 10- 03-25659] This is a continuing list of 03 [FR 03-22564] 24-03; published 8-25- public bills from the current Motor vehicle safety INTERIOR DEPARTMENT 03 [FR 03-21613] session of Congress which standards: Fish and Wildlife Service TRANSPORTATION have become Federal laws. It Rear impact protection; road Alaska National Interest Lands DEPARTMENT may be used in conjunction construction controlled Conservation Act; Title VIII with ‘‘PLUS’’ (Public Laws Federal Aviation horizontal discharge implementation (subsistence Administration Update Service) on 202–741– trailer; exclusion from 6043. This list is also priority): Airworthiness directives: standard; comments due available online at http:// Wildlife; 2004-2005; Airbus; comments due by by 10-20-03; published 9- subsistence taking; www.nara.gov/fedreg/ 10-20-03; published 9-18- 19-03 [FR 03-23960] plawcurr.html. comments due by 10-24- 03 [FR 03-23832] 03; published 8-19-03 [FR TREASURY DEPARTMENT Boeing; comments due by The text of laws is not 03-21121] Fiscal Service 10-20-03; published 9-4- published in the Federal Financial Management Endangered and threatened 03 [FR 03-22496] Register but may be ordered species: Service: Bombardier; comments due in ‘‘slip law’’ (individual Scimitar-horned oryx, addax, by 10-22-03; published 9- Automated Clearing House; pamphlet) form from the and dama gazelle; 22-03 [FR 03-23933] Federal agency Superintendent of Documents, comments due by 10-22- participation; comments U.S. Government Printing 03; published 7-24-03 [FR Eurocopter France; due by 10-20-03; comments due by 10-21- Office, Washington, DC 20402 03-18841] published 8-21-03 [FR 03- (phone, 202–512–1808). The 03; published 8-22-03 [FR 21203] Migratory bird hunting: 03-21522] text will also be made TREASURY DEPARTMENT available on the Internet from Resident Canada goose McCauley Propeller populations; management; Internal Revenue Service GPO Access at http:// Systems, Inc.; comments www.access.gpo.gov/nara/ comments due by 10-20- Income taxes: due by 10-20-03; nara005.html. Some laws may 03; published 8-21-03 [FR published 8-21-03 [FR 03- 03-21268] Modified accelerated cost not yet be available. 21519] recovery system property; INTERIOR DEPARTMENT McCauley Propeller changes in use; H.R. 2152/P.L. 108–99 Surface Mining Reclamation Systems, Inc.; correction; depreciation; comments and Enforcement Office comments due by 10-20- due by 10-20-03; To amend the Immigration Permanent program and 03; published 9-8-03 [FR published 7-21-03 [FR 03- and Nationality Act to extend abandoned mine land C3-21519] 18325] for an additional 5 years the special immigrant religious reclamation plan McDonnell Douglas; Real estate mortgage worker program. (Oct. 15, submissions: comments due by 10-23- investment conduits; 2003; 117 Stat. 1176) Pennsylvania; comments 03; published 9-8-03 [FR Section 446 application due by 10-22-03; 03-22709] with respect to Last List October 15, 2003
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enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. Notification Service publaws-l.html (PENS) Note: This service is strictly for E-mail notification of new PENS is a free electronic mail laws. The text of laws is not notification service of newly available through this service.
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