5–15–03 Thursday Vol. 68 No. 94 May 15, 2003
Pages 26201–26456
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1 II Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public interest. Subscriptions: Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–741–6005 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http:// www.archives.gov/federallregister/. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 68 FR 12345.
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2 III
Contents Federal Register Vol. 68, No. 94
Thursday, May 15, 2003
Administration on Aging See Engineers Corps See Aging Administration PROPOSED RULES Acquisition regulations: Aging Administration Purchases from required source; competition NOTICES requirements, 26265–26269 Grants and cooperative agreements; availability, etc.: National Consumer Protection Technical Resource Center, Drug Enforcement Administration 26298 PROPOSED RULES Agriculture Department Schedules of controlled substances: Fenfluramine; removal; withdrawn, 26247 See Animal and Plant Health Inspection Service NOTICES See Forest Service Applications, hearings, determinations, etc.: See Natural Resources Conservation Service Banerjee, Sankar N., M.D., 26355 See Rural Utilities Service Bristol-Myers Squibb Pharma Co., 26355 NOTICES Cerilliant Corp., 26355–26356 Committees; establishment, renewal, termination, etc.: Chattem Chemicals, Inc., 26356 Dietary Guidelines Advisory Committee, 26280 Kooker, Robert A., M.D., 26357 Animal and Plant Health Inspection Service NOTICES Education Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 26281 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Army Department Advanced Placement Incentive Program, 26425–26429 See Engineers Corps Arts in Education Model Development and NOTICES Dissemination Program, 26431–26456 Meetings: Western Hemisphere Institute for Security Cooperation Energy Department Board of Visitors, 26292–26293 See National Nuclear Security Administration Centers for Disease Control and Prevention NOTICES NOTICES Electricity export and import authorizations, permits, etc.: Grants and cooperative agreements; availability, etc.: OGE Energy Resources, Inc., 26294 Occupational safety and health— Grants and cooperative agreements; availability, etc.: Education programs, 26298–26306 Controlled Hydrogen Fleet and Infrastructure Demonstration and Validation Project, 26294–26295 Centers for Medicare & Medicaid Services Natural gas exportation and importation: See Inspector General Office, Health and Human Services H.Q. Energy Services (U.S.) Inc. et al., 26295–26296 Department Engineers Corps Civil Rights Commission NOTICES NOTICES Environmental statements; availability, etc.: Meetings; State advisory committees: Harrison County, MS; Royal D’Iberville Hotel and Casino North Carolina, 26287–26288 development, 26293 South Carolina, 26288 Environmental statements; notice of intent: Hotspot Miami Beach, Dade County, FL; Section 227 Coast Guard National Shoreline Erosion Control Demonstration RULES Project, 26293–26294 Drawbridge operations: Texas, 26208 Ports and waterways safety: Environmental Protection Agency Anchorage, Knik Arm, AK; security zone, 26208–26210 RULES PROPOSED RULES Air quality implementation plans; approval and Ports and waterways safety: promulgation; various States; air quality planning Chesapeake Bay, MD; Cove Point Liquefied Natural Gas purposes; designation of areas: Terminal; safety and security zone, 26247–26248 Colorado, 26212–26220 Air quality implementation plans; approval and Commerce Department promulgation; various States: See International Trade Administration Utah, 26210–26212 See National Oceanic and Atmospheric Administration PROPOSED RULES Air pollutants, hazardous; national emission standards: Defense Department Control technology determinations; general provisions; See Army Department amendments, 26249–26265
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Air quality implementation plans; approval and Reports and guidance documents; availability, etc.: promulgation; various States; air quality planning Medical devices— purposes; designation of areas: Surgical masks; premarket notification submissions, Colorado, 26248–26249 26308–26309 Air quality implementation plans; approval and promulgation; various States: Forest Service Utah, 26248 NOTICES Environmental statements; notice of intent: Federal Aviation Administration Chugach National Forest, AK, 26281–26283 RULES Idaho Panhandle National Forest, ID, 26283–26284 Airworthiness directives: Meetings: Rolls-Royce plc, 26201–26202 Black Hills National Forest Advisory Board, 26284–26285 VOR Federal airways and jet routes, 26202–26204 Resource Advisory Committees— PROPOSED RULES North Central Idaho, 26285 Airworthiness directives: Ravalli County, 26285 Cessna, 26239–26242, 26244–26247 Tuolumne County, 26285 Dornier, 26242–26244 Airworthiness standards: Health and Human Services Department Special conditions— See Aging Administration Cessna Model 680 Sovereign airplane, 26237–26239 See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Environmental statements; availability, etc.: See Health Resources and Services Administration Potomac Consolidated Terminal Radar Approach Control See Inspector General Office, Health and Human Services (TRACON) airspace redesign, 26373 Department Exemption petitions; summary and disposition, 26373– See National Institutes of Health 26374 See Public Health Service NOTICES Federal Communications Commission Committees; establishment, renewal, termination, etc.: RULES Dietary Guidelines Advisory Committee, 26280 Television broadcasting: Noncommercial educational broadcast station applicants; Health Resources and Services Administration comparative standards reexamination; motion for NOTICES stay of low power television auction, 26220–26230 Agency information collection activities; proposals, NOTICES submissions, and approvals, 26309–26310 Agency information collection activities; proposals, Grants and cooperative agreements; availability, etc.: submissions, and approvals, 26297 Bioterrorism Training and Curriculum Development Program; correction, 26310 Federal Election Commission PROPOSED RULES Homeland Security Department Bipartisan Campaign Reform Act; implementation: See Coast Guard Presidential candidates and nominating conventions; See Transportation Security Administration public financing, 26237 Housing and Urban Development Department Federal Motor Carrier Safety Administration NOTICES NOTICES Agency information collection activities; proposals, Motor carrier safety standards: submissions, and approvals, 26327–26329 Controlled substances and alcohol testing regulations; exemption applications— Aero Mayflower Transit et al., 26374–26375 Indian Affairs Bureau NOTICES Federal Reserve System Net Common Fund; partial settlement; payment and distribution: NOTICES Banks and bank holding companies: Ramah Navajo Chapter et al., NM, 26329–26352 Change in bank control, 26297 Formations, acquisitions, and mergers; correction, 26297– Inspector General Office, Health and Human Services 26298 Department NOTICES Food and Drug Administration Program exclusions; list, 26310–26313 RULES Animal drugs, feeds, and related products: Interior Department Carprofen, 26205 See Indian Affairs Bureau Fenbendazole suspension, 26204–26205 See Land Management Bureau Penicillin G potassium in drinking water, 26204 Xylazine injection, 26205–26206 Internal Revenue Service NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 26306–26308 submissions, and approvals, 26379–26381
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International Trade Administration Warren Grant Magnuson Clinical Center Board of NOTICES Governors, 26325 Antidumping: Stainless steel wire rods from— National Nuclear Security Administration India, 26288–26291 NOTICES Antidumping and countervailing duties: Environmental statements; availability, etc.: Administrative review requests, 26288 Los Alamos National Laboratory, NM; Chemical and Metallurgy Research Building Replacement Project, Justice Department 26296–26297 See Drug Enforcement Administration NOTICES National Oceanic and Atmospheric Administration Pollution control; consent judgments: RULES Corbett, Charles E., Jr., 26352 Fishery conservation and management: Ed Krewatch Partnership et al., 26352–26354 Alaska; fisheries of Exclusive Economic Zone— Wisconsin Electric Power Co., 26354 Pacific halibut; subsistence fishing; correction, 26230 Caribbean, Gulf, and South Atlantic fisheries— Land Management Bureau Gulf of Mexico and South Atlantic coastal migratory NOTICES pelagic resources and Gulf of Mexico reef fish, Coal leases, exploration licenses, etc.: 26230–26236 Montana, 26352 NOTICES Meetings: National Archives and Records Administration Regional fisheries management, 26291–26292 NOTICES Agency records schedules; availability, 26357–26359 Natural Resources Conservation Service NOTICES National Commission on Terrorist Attacks Upon the Field office technical guides; changes: United States Indiana, 26285–26286 NOTICES Hearings, 26359 Nuclear Regulatory Commission NOTICES National Council on Disability Meetings: NOTICES Yucca Mountain, NV; potential high-level waste Meetings: repository— Cultural Diversity Advisory Committee, 26359 Activities overview, 26360–26361 Applications, hearings, determinations, etc.: National Highway Traffic Safety Administration Envirocare of Utah, Inc., 26359–26360 PROPOSED RULES Motor vehicle safety standards: Pension Benefit Guaranty Corporation Brake hoses, 26383–26424 RULES Transmission shift lever sequence, starter interlock, and Single-employer plans: transmission braking effect, 26269–26279 Allocation of assets— NOTICES Interest assumptions for valuing and paying benefits, Agency information collection activities; proposals, 26206–26208 submissions, and approvals, 26375–26376 NOTICES Multiemployer plans: National Institutes of Health Interest rates and assumptions, 26361 NOTICES Inventions, Government-owned; availability for licensing, Public Health Service 26313–26314 NOTICES Meetings: National Toxicology Program: National Cancer Institute, 26314–26316 Center for Evaluation of Risks to Human Reproduction— National Center for Complementary and Alternative Ethylene glycol and propylene glycol; developmental Medicine, 26318 and reproductive toxicity; expert panel reports, National Center for Research Resources, 26316–26319 26325–26326 National Heart, Lung, and Blood Institute, 26319–26320 National Institute of Allergy and Infectious Diseases, Rural Utilities Service 26320–26322, 26324 NOTICES National Institute of Biomedical Imaging and Agency information collection activities; proposals, Bioengineering, 26324 submissions, and approvals, 26286–26287 National Institute of Dental and Craniofacial Research, 26324–26325 Securities and Exchange Commission National Institute of Diabetes and Digestive and Kidney NOTICES Diseases, 26322–26323 Meetings; Sunshine Act, 26361 National Institute of Nursing Research, 26324 Self-regulatory organizations; proposed rule changes: National Institute on Aging, 26323 Boston Stock Exchange, Inc., 26361–26363 National Institute on Deafness and Other Communication Chicago Board Options Exchange, Inc., 26363–26364 Disorders, 26320–26321 Chicago Mercantile Exchange, 26364–26366 National Library of Medicine, 26325 International Securities Exchange, Inc., 26366–26369
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OneChicago, LLC, 26369–26371 Transportation Statistics Bureau NOTICES State Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 26378–26379 Passport travel restrictions, U.S.: Iraq, 26371 Treasury Department See Internal Revenue Service
Surface Transportation Board United States Institute of Peace NOTICES NOTICES Railroad operation, acquisition, construction, etc.: Grants and cooperative agreements; availability, etc.: Burlington Northern & Santa Fe Railway Co., 26376– Solicited grants— 26377 Senior Fellowship competition, 26381 Riverview Trenton Railroad Co., 26377–26378 Union Pacific Railroad Co., 26378 Separate Parts In This Issue Tennessee Valley Authority NOTICES Part II Environmental statements; availability, etc.: Transportation Department, National Highway Traffic Scott and Campbell Counties, TN; Koppers Coal Reserve Safety Administration, 26383–26424 management plan, 26371–26373 Part III Transportation Department Education Department, 26425–26429 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Part IV See National Highway Traffic Safety Administration Education Department, 26431–26456 See Surface Transportation Board See Transportation Statistics Bureau NOTICES Reader Aids Aviation proceedings: Consult the Reader Aids section at the end of this issue for Hearings, etc.— phone numbers, online resources, finding aids, reminders, USA Jet Airlines, Inc., 26373 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Transportation Security Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 26326–26327 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.
11 CFR Proposed Rules: 104...... 26237 107...... 26237 110...... 26237 9003...... 26237 9004...... 26237 9008...... 26237 9032...... 26237 9033...... 26237 9034...... 26237 9035...... 26237 9036...... 26237 9038...... 26237 14 CFR 39...... 26201 71...... 26202 Proposed Rules: 25...... 26237 39 (3 documents) ...... 26239, 26242, 26244 21 CFR 520 (2 documents) ...... 26204 522 (2 documents) ...... 26205 Proposed Rules: 1308...... 26247 29 CFR 4022...... 26206 4044...... 26206 33 CFR 117...... 26208 165...... 26208 Proposed Rules: 165...... 26247 40 CFR 52 (2 documents) ...... 26210, 26212 81...... 26212 Proposed Rules: 52 (2 documents) ...... 26248 63...... 26249 81...... 26248 47 CFR 73...... 26220 74...... 26220 48 CFR Proposed Rules: 208...... 26265 219...... 26265 252...... 26265 49 CFR Proposed Rules: 571 (2 documents) ...... 26269, 26384 50 CFR 300...... 26230 600...... 26230 622...... 26230 679...... 26230
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Rules and Regulations Federal Register Vol. 68, No. 94
Thursday, May 15, 2003
This section of the FEDERAL REGISTER • By fax: (781) 238–7055. D021, Revision 2, dated March 5, 2001, contains regulatory documents having general • By e-mail: 9-ane- requires that the improved design parts applicability and legal effect, most of which [email protected] listed in SB RB.211–72–9446, dated are keyed to and codified in the Code of You may get the service information October 15, 1993, be installed before or Federal Regulations, which is published under referenced in this AD from Rolls-Royce 50 titles pursuant to 44 U.S.C. 1510. concurrently with the installation of the plc, PO Box 31, Derby, England, improved design LP compressor The Code of Federal Regulations is sold by DE248BJ; telephone: 011–44–1332– location bearing assembly listed in SB the Superintendent of Documents. Prices of 242424; fax: 011–44–1332–245–418. RB.211–72–D021. The Civil Aviation new books are listed in the first FEDERAL You may examine the AD docket, by Authority (CAA), which is the REGISTER issue of each week. appointment, at the FAA, New England airworthiness authority for the U.K., Region, Office of the Regional Counsel, classified MSB No. RB.211–72–D021 as 12 New England Executive Park, mandatory and issued AD 001–12–2000, DEPARTMENT OF TRANSPORTATION Burlington, MA. dated December 5, 2000, in order to FOR FURTHER INFORMATION CONTACT: Ian Federal Aviation Administration assure the airworthiness of these RR Dargin, Aerospace Engineer, Engine RB211–524C2–19 and RB211–524C2–B– Certification Office, FAA, Engine And 19 series turbofan engines in the U.K. 14 CFR Part 39 Propeller Directorate, 12 New England [Docket No. 2003–NE–15–AD; Amendment Executive Park; Burlington, MA 01803– FAA’s Determination and Requirements 39–13146; AD 2003–10–02] 5299, telephone (781) 238–7178; fax of This AD (781) 238–7199. RIN 2120–AA64 Although none of these affected SUPPLEMENTARY INFORMATION: The engine models are used on any airplanes Airworthiness Directives; Rolls-Royce manufacturer has performed statistical that are registered in the United States, plc RB211 Series Turbofan Engines analysis of in-service bearing failures in the possibility exists that the engine RR RB211–524C2–19 and RB211– models could be used on airplanes that AGENCY: Federal Aviation 524C2–B–19 series turbofan engines. Administration (FAA), DOT. are registered in the United States in the The analysis indicates a more rapid future. Since an unsafe condition has ACTION: Final rule; request for deterioration of the LP compressor comments. been identified that is likely to exist or location bearing assembly and IP develop on other RR RB211–524C2–19 compressor location bearing than the SUMMARY: The FAA is adopting a new and RB211–524C2–B–19 series turbofan latest bearing standard used on other airworthiness directive (AD) for Rolls- engines of the same type design, this AD model RB211 turbofan engines. This AD Royce plc (RR) RB211–524C2–19 and is being issued to prevent LP requires replacing the existing LP RB211–524C2–B–19 series turbofan compressor failure and uncontained compressor location bearing assembly, engines. This AD requires replacing the disc failures, resulting in damage to the IP compressor location bearing, IP existing low pressure (LP) compressor airplane. This AD requires replacing the compressor bearing support housing, IP location bearing assembly, intermediate LP compressor location bearing compressor rear stub shaft, LP pressure (IP) compressor location assembly, IP compressor location compressor location bearing support, oil bearing, IP compressor bearing support bearing, IP compressor bearing support transfer connector assembly, hydraulic housing, IP compressor rear stub shaft, housing, IP compressor rear stub shaft, oil seal housing, and hydraulic oil seal LP compressor location bearing support, LP compressor location bearing support, with improved design parts. The actions oil transfer connector assembly, oil transfer connector assembly, specified in this AD are intended to hydraulic oil seal housing, and hydraulic oil seal housing, and prevent LP compressor failure and hydraulic oil seal with improved design hydraulic oil seal with improved design uncontained disc failures, resulting in parts. This AD is prompted by statistical parts. damage to the airplane. analysis by the manufacturer of in- service premature bearing failures. The Relevant Service Information Bilateral Airworthiness Agreement actions specified in this AD are We have reviewed the technical These engine models are intended to prevent LP compressor contents of RR Mandatory Service manufactured in the U.K. and is type failure and uncontained disc failures, Bulletin (MSB) No. RB.211–72–D021, certificated for operation in the United resulting in damage to the airplane. Revision 2, dated March 5, 2001, that States under the provisions of § 21.29 of DATES: Effective June 19, 2003. introduces an improved design LP the Federal Aviation Regulations (14 We must receive any comments on compressor location bearing assembly. CFR 21.29) and the applicable bilateral this AD by July 14, 2003. We have also reviewed Service Bulletin airworthiness agreement. Pursuant to ADDRESSES: Use one of the following (SB) No. RB.211–72–9446, dated this bilateral airworthiness agreement, addresses to submit comments on this October 15, 1993, that introduces an the CAA has kept the FAA informed of AD: improved design IP compressor location the situation described above. The FAA • By mail: The Federal Aviation bearing, IP compressor bearing support has examined the findings of the CAA, Administration (FAA), New England housing, IP compressor rear stub shaft, reviewed all available information, and Region, Office of the Regional Counsel, LP compressor location bearing support, determined that AD action is necessary Attention: Rules Docket No. 2003–NE– oil transfer connector assembly, for products of this type design that are 15–AD, 12 New England Executive Park, hydraulic oil seal housing, and certificated for operation in the United Burlington, MA 01803–5299. hydraulic oil seal. MSB No. RB.211–72– States.
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FAA’s Determination of the Effective the national Government and the States, Compliance Date or on the distribution of power and (e) Compliance with this AD is required at Since there are currently no domestic responsibilities among the various next parts exposure, but not later than operators of this engine model, notice levels of government. October 10, 2005, unless already done. and opportunity for prior public For the reasons discussed above, I Replacement of LP Location Bearing comment are unnecessary. Therefore, a certify that the regulation: Assembly situation exists that allows the 1. Is not a ‘‘significant regulatory (f) Replace LP compressor location bearing immediate adoption of this regulation. action’’ under Executive Order 12866; assembly P/N UL22848 or UL29054 with an 2. Is not a ‘‘significant rule’’ under the improved design LP compressor location Changes to 14 CFR Part 39—Effect on bearing assembly. Information on the the AD DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and replacement of the LP compressor bearing assembly can be found in RR Mandatory On July 10, 2002, we issued a new 3. Will not have a significant version of 14 CFR part 39 (67 FR 47997, Service Bulletin No. RB.211–72–D021, economic impact, positive or negative, July 22, 2002), which governs our AD Revision 2, dated March 5, 2001. on a substantial number of small entities system. This regulation now includes under the criteria of the Regulatory Concurrent Parts Replacement material that relates to special flight Flexibility Act. (g) Either concurrently with, or before permits, alternative methods of We prepared a summary of the costs replacing the LP compressor location bearing compliance, and altered products. This assembly as specified in paragraph (f) of this material previously was included in to comply with this AD and placed it in AD, unless already done, replace IP each individual AD. Since this material the AD Docket. You may get a copy of compressor location bearing, IP compressor is included in 14 CFR part 39, we will this summary by sending a request to us bearing support housing, IP compressor rear not include it in future AD actions. at the address listed under ADDRESSES. stub shaft, LP compressor location bearing Include ‘‘AD Docket No. 2003–NE–15– support, oil transfer connector assembly, Comments Invited AD’’ in your request. hydraulic oil seal housing, and hydraulic oil seal, with improved design parts. Information This AD is a final rule that involves List of Subjects in 14 CFR Part 39 requirements affecting flight safety and on the replacement of these improved design Air transportation, Aircraft, Aviation parts can be found in RR Service Bulletin No. was not preceded by notice and an RB.211–72–9446, dated October 15, 1993. opportunity for public comment; safety. Alternative Methods of Compliance however, we invite you to submit any Adoption of the Amendment written relevant data, views, or (h) Alternative methods of compliance arguments regarding this AD. Send your ■ Accordingly, under the authority must be requested in accordance with 14 CFR comments to an address listed under delegated to me by the Administrator, 39.19, and must be approved by the Manager, ADDRESSES. Include ‘‘AD Docket No. the Federal Aviation Administration Engine Certification Office, FAA. 2003–NE–15–AD’’ in the subject line of amends part 39 of the Federal Aviation Related Information your comments. If you want us to Regulations (14 CFR part 39) as follows: (i) CAA airworthiness directive 001–12– acknowledge receipt of your mailed 2000, dated December 5, 2000, also addresses comments, send us a self-addressed, PART 39—AIRWORTHINESS the subject of this AD. stamped postcard with the docket DIRECTIVES Issued in Burlington, Massachusetts, on number written on it; we will date- May 7, 2003. stamp your postcard and mail it back to ■ 1. The authority citation for part 39 Francis A. Favara, you. We specifically invite comments continues to read as follows: Acting Manager, Engine and Propeller on the overall regulatory, economic, Authority: 49 U.S.C. 106(g), 40113, 44701. environmental, and energy aspects of Directorate, Aircraft Certification Service. the rule that might suggest a need to § 39.13 [Amended] [FR Doc. 03–11974 Filed 5–14–03; 8:45 am] modify it. If a person contacts us ■ 2. The FAA amends § 39.13 by adding BILLING CODE 4910–13–P through a nonwritten communication, the following new airworthiness and that contact relates to a substantive directive: DEPARTMENT OF TRANSPORTATION part of this AD, we will summarize the 2003–10–02 Rolls-Royce plc: Amendment contact and place the summary in the 39–13146. Docket No. 2003–NE–15–AD. Federal Aviation Administration docket. We will consider all comments Effective Date received by the closing date and may 14 CFR Part 71 amend the AD in light of those (a) This airworthiness directive (AD) comments. becomes effective June 19, 2003. [Docket No. FAA 2002–13362; Airspace We are reviewing the writing style we Affected ADs Docket No. 02–ASO–7] currently use in regulatory documents. (b) None. RIN 2120–AA66 We are interested in your comments on whether the style of this document is Applicability Revision of VOR Federal Airways and clear, and your suggestions to improve (c) This AD is applicable to Rolls-Royce plc Jet Routes in the Vicinity of Savannah, the clarity of our communications with (RR) RB211–524C2–19 and RB211–524C2–B– GA you. You may get more information 19 series turbofan engines. These engines are about plain language at http:// installed on, but not limited to Boeing 747 AGENCY: Federal Aviation www.plainlanguage.gov. airplanes. Administration (FAA), DOT. ACTION: Regulatory Findings Unsafe Condition Final rule. (d) This AD was prompted by statistical SUMMARY: We have determined that this AD will analysis by the manufacturer of in-service This action revises four jet not have federalism implications under premature bearing failures. The actions routes and seven Very High Frequency Executive Order 13132. This AD will specified in this AD are intended to prevent Omnidirectional Range (VOR) Federal not have a substantial direct effect on LP compressor failure and uncontained disc airways in the vicinity of Savannah, GA. the States, on the relationship between failures, resulting in damage to the airplane. The FAA is taking this action because
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the Savannah Very High Frequency matter that will only affect air traffic Joli, PQ, Canada, excluding the portion Omnidirectional Range/Tactical Air procedures and air navigation, it is within Canada. Navigation (VORTAC) facility has been certified that this rule, when * * * * * relocated to the Savannah International promulgated, will not have a significant J–79 [Revised] Airport as a result of environmental economic impact on a substantial From Key West, FL; INT Key West 038° restrictions at the previous site. number of small entities under the and Dolphin, FL, 244° radials; Dolphin; Palm EFFECTIVE DATE: 0901 UTC, July 10, criteria of the Regulatory Flexibility Act. Beach, FL; Vero Beach, FL; Ormond Beach, 2003. Jet routes and Domestic VOR Federal FL; INT Savannah, GA, 178° and Charleston, airways are published in paragraphs SC, 212° radials; Charleston; Tar River, NC; FOR FURTHER INFORMATION CONTACT: Paul 2004 and 6010(a), respectively, of FAA Franklin, VA; Salisbury, MD; INT Salisbury Gallant, Airspace and Rules Division, Order 7400.9K, dated August 30, 2002, 018° and Kennedy, NY, 218° radials; ATA–400, Office of Air Traffic Airspace ° and effective September 16, 2002, which Kennedy; INT Kennedy 080 and Nantucket, Management, Federal Aviation ° ° is incorporated by reference in 14 CFR MA, 254 radials; INT Nantucket 254 and Administration, 800 Independence Marconi. MA, 205° radials; Marconi; INT 71.1. The jet routes and VOR Federal Avenue, SW., Washington, DC 20591; Marconi 006° and Bangor, ME, 206° radials; airways listed in this document will be telephone: (202) 267–8783. Bangor. published subsequently in the Order. SUPPLEMENTARY INFORMATION: * * * * * List of Subjects in 14 CFR Part 71 Background J–103 [Revised] Airspace, Incorporation by reference, From Ormond Beach, FL; to Savannah, GA. On January 23, 2003, the FAA Navigation (air). proposed to revise four jet routes and * * * * * seven VOR Federal airways in the The Amendment Paragraph 6010(a)—Domestic VOR Federal vicinity of Savannah, GA, due to the Airways ■ planned relocation of the Savannah In consideration of the foregoing, the * * * * * VORTAC (68 FR 3196). Federal Aviation Administration Interested parties were invited to amends 14 CFR part 71 as follows: V–3 [Revised] participate in this rulemaking From Key West, FL; INT Key West 083° PART 71—DESIGNATION OF CLASS A, ° proceeding by submitting written and Dolphin, FL, 191 radials; Dolphin; Ft. CLASS B, CLASS C, CLASS D, AND Lauderdale, FL; Palm Beach, FL; Vero Beach, comments. No comments to the CLASS E, AIRSPACE AREAS; FL; Melbourne, FL; Ormond Beach, FL; proposal were received. Except for AIRWAYS; ROUTES; AND REPORTING Brunswick, GA; INT Brunswick 014° and editorial changes and the correction of ° POINTS Savannah, GA, 177 radials; Savannah; INT obsolete radial information contained in Savannah 028° and Vance, SC, 203° radials; the description for V–441 between St. ■ 1. The authority citation for part 71 Vance; Florence, SC; Sandhills, SC; Raleigh- Petersburg, FL, and Gators, FL, this rule Durham, NC; INT Raleigh-Durham 016° and continues to read as follows: ° is the same as that proposed in the Flat Rock, VA, 214 radials; Flat Rock; Authority: 49 U.S.C. 106(g), 40103, 40113, Gordonsville, VA; INT Gordonsville 331° and notice. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Martinsburg, WV, 216° radials; Martinsburg; The Rule 1963 Comp., p. 389. Westminster, MD; INT Westminster 048° and Modena, PA, 258° radials; Modena; Solberg, This action amends 14 CFR part 71 by § 71.1 [Amended] NJ; INT Solberg 044° and Carmel, NY, 243° revising the legal descriptions of Jet ■ 2. The incorporation by reference in 14 radials; Carmel; Hartford, CT; INT Hartford Routes J–51, J–55, J–79, and J–103; and CFR 71.1 of FAA Order 7400.9K, 084° and Boston, MA, 224° radials; Boston; VOR Federal Airways V–3, V–37, V– INT Boston 014° and Pease, NH, 185° radials; Airspace Designations and Reporting ° ° 154, V–185, V–437, V–441, and V–578, Points, dated August 30, 2002, and Pease; INT Pease 004 and Augusta, ME, 233 in the vicinity of Savannah, GA. This radials; Augusta; Bangor, ME; INT Bangor effective September 16, 2002, is 039° and Houlton, ME, 203° radials; Houlton; action is being taken as a result of the amended as follows: Presque Isle, ME; to PQ, Canada. The relocation of the Savannah, GA, airspace within R–2916, R–2934, R–2935, VORTAC to a site at the Savannah Paragraph 2004—Jet Routes and within Canada is excluded. International Airport due to * * * * * * * * * * environmental restrictions at the previous site. This action aligns the J–51 [Revised] V–37 [Revised] affected segments of the above jet routes From Craig, FL; INT Craig 004° and From Craig, FL; Brunswick, GA; INT Savannah, GA, 193° radials; Savannah; Brunswick 014° and Savannah, GA, 177° and VOR Federal airways with the new ° geographical position of the Savannah Columbia, SC; INT Columbia 042 and Flat radials; Savannah; Allendale, SC; Columbia, Rock, VA, 212° radials; Flat Rock; SC; Charlotte, NC; Pulaski, VA; Elkins, WV; VORTAC. Nottingham, MD; Dupont, DE; to Yardley, NJ. Clarksburg, WV; INT Clarksburg 359° and The FAA has determined that this ° * * * * * Ellwood City, PA, 185 radials; Ellwood City; regulation only involves an established Erie, PA; INT Erie 010° and Toronto, ON, body of technical regulations for which J–55 [Revised] Canada 210° radials; to Toronto. The airspace frequent and routine amendments are From Dolphin, FL; INT Dolphin 331° and within Canada is excluded. necessary to keep them operationally Gators, FL, 160° radials; INT Gators 160° and * * * * * current. Therefore, this regulation: (1) Is Craig, FL, 192° radials; Craig; INT Craig 004° V–154 [Revised] not a ‘‘significant regulatory action’’ and Savannah, GA, 193° radials; Savannah; ° under Executive Order 12866; (2) is not Charleston, SC; Florence, SC; INT Florence From Rome, GA; INT Rome 166 and ° ° ° a ‘‘significant rule’’ under Department of 003 and Raleigh-Durham, NC, 224 radials; Macon, GA, 301 radials; Macon; Dublin, GA; ° INT Dublin 105° and Savannah, GA, 289° Transportation (DOT) Regulatory Raleigh-Durham; INT Raleigh-Durham 035 and Hopewell, VA, 234° radials; Hopewell; radials; to Savannah. Policies and Procedures (44 FR 11034, INT Hopewell 030° and Nottingham, MD, * * * * * February 26, 1979); and (3) does not 174° radials. From Sea Isle, NJ; INT Sea Isle warrant preparation of a Regulatory 050° and Hampton, NY, 223° radials; V–185 [Revised] Evaluation as the anticipated impact is Hampton; Providence, RI; Boston, MA; From Savannah, GA; INT Savannah 335° so minimal. Since this is a routine Kennebunk, ME; Presque Isle, ME; to Mont and Colliers, SC, 150° radials; Colliers;
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Greenwood, SC; Sugarloaf Mountain, NC; Rockville, MD 20855, 301–827–8549, e- Dated: May 6, 2003. Snowbird, TN; INT Snowbird 301° and mail: [email protected]. Stephen F. Sundlof, Volunteer, TN, 069° radials; to Volunteer. SUPPLEMENTARY INFORMATION: Phoenix Director, Center for Veterinary Medicine. * * * * * Scientific, Inc., 3915 South 48th Street [FR Doc. 03–12194 Filed 5–14–03; 8:45 am] V–437 [Revised] Ter., St. Joseph, MO 64503, filed BILLING CODE 4160–01–S From Dolphin, FL; INT Dolphin 354° and ANADA 200–347 that provides for use Pahokee, FL, 157° radials; Pahokee; of Penicillin G Potassium, USP, in the Melbourne, FL; INT Melbourne 322° and drinking water of turkeys for the DEPARTMENT OF HEALTH AND Ormond Beach, FL, 211° radials; Ormond treatment of erysipelas caused by HUMAN SERVICES Beach; INT Ormond Beach 360° and Erysipelothrix rhusiopathiae. Phoenix ° Food and Drug Administration Savannah, GA, 177 radials; Savannah; INT Scientific’s Penicillin G Potassium, ° ° Savannah 053 and Charleston, SC, 231 USP, is approved as a generic copy of 21 CFR Part 520 radials; Charleston; to Florence, SC. The Fort Dodge Animal Health’s Penicillin G airspace within R–2935 is excluded. Potassium, USP, approved under NADA * * * * * Oral Dosage Form New Animal Drugs; 55–060. The ANADA is approved as of Fenbendazole Suspension V–441 [Revised] January 22, 2003, and the regulations AGENCY: From Melbourne, FL; INT Melbourne 269° are amended in 21 CFR 520.1696b to Food and Drug Administration, and Lakeland, FL, 081° radials; Lakeland; St. reflect the approval. The basis of HHS. Petersburg, FL; INT St. Petersburg 011° and approval is discussed in the freedom of ACTION: Final rule. Ocala, FL, 208° radials; Ocala; Gators, FL; information summary. SUMMARY: The Food and Drug INT Gators 014° and Brunswick, GA, 223° In accordance with the freedom of ° Administration (FDA) is amending the radials; Brunswick; INT Brunswick 060 and information provisions of 21 CFR part ° animal drug regulations to reflect Savannah, GA, 177 radials; to Savannah. 20 and 21 CFR 514.11(e)(2)(ii), a approval of a supplemental new animal * * * * * summary of safety and effectiveness drug application (NADA) filed by data and information submitted to V–578 [Revised] Intervet, Inc. The supplemental NADA support approval of this application From Pecan, GA; Tift Meyers, GA; Alma, provides for a change to over-the- may be seen in the Dockets Management GA; INT Alma 072° and Savannah, GA, 196° counter marketing status for the oral use Branch (HFA–305), Food and Drug radials; to Savannah. of fenbendazole suspension in goats for Administration, 5630 Fishers Lane, rm. * * * * * removal and control of stomach worms. 1061, Rockville, MD 20852, between 9 Issued in Washington, DC, on May 9, 2003. a.m. and 4 p.m., Monday through DATES: This rule is effective May 15, Reginald C. Matthews, Friday. 2003. Manager, Airspace and Rules Division. The agency has determined under 21 FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–12049 Filed 5–14–03; 8:45 am] CFR 25.33(a)(1) that this action is of a Janis R. Messenheimer, Center for BILLING CODE 4910–13–P type that does not individually or Veterinary Medicine (HFV–130), Food cumulatively have a significant effect on and Drug Administration, 7500 Standish the human environment. Therefore, Pl., Rockville, MD 20855; 301–827– DEPARTMENT OF HEALTH AND neither an environmental assessment 7578; e-mail: [email protected]. HUMAN SERVICES nor an environmental impact statement SUPPLEMENTARY INFORMATION: Intervet, is required. Inc., PO Box 318, 405 State St., Food and Drug Administration This rule does not meet the definition Millsboro, DE 19966, filed a supplement of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because to NADA 128–620 for the oral use of 21 CFR Part 520 it is a rule of ‘‘particular applicability.’’ SAFE-GUARD (fenbendazole) Therefore, it is not subject to the Suspension 10% in goats for removal Oral Dosage Form New Animal Drugs; congressional review requirements in 5 and control of stomach worms. The Penicillin G Potassium in Drinking U.S.C. 801–808. supplemental NADA is approved as of Water February 13, 2003, and the regulations List of Subjects in 21 CFR Part 520 AGENCY: Food and Drug Administration, are amended in 21 CFR 520.905a to HHS. Animal drugs. reflect the approval. The basis of ■ approval is discussed in the freedom of ACTION: Final rule. Therefore, under the Federal Food, Drug, and Cosmetic Act and under information summary. SUMMARY: The Food and Drug authority delegated to the Commissioner In accordance with the freedom of Administration (FDA) is amending the of Food and Drugs and redelegated to the information provisions of 21 CFR part animal drug regulations to reflect Center for Veterinary Medicine, 21 CFR 20 and 21 CFR 514.11(e)(2)(ii), a approval of an abbreviated new animal part 520 is amended as follows: summary of safety and effectiveness drug application (ANADA) filed by data and information submitted to Phoenix Scientific, Inc. The ANADA PART 520—ORAL DOSAGE FORM support approval of this application provides for the use of penicillin G in NEW ANIMAL DRUGS may be seen in the Dockets Management the drinking water of turkeys for the Branch (HFA–305), Food and Drug ■ 1. The authority citation for 21 CFR treatment of erysipelas caused by Administration, 5630 Fishers Lane, rm. part 520 continues to read as follows: Erysipelothrix rhusiopathiae. 1061, Rockville, MD 20852, between 9 Authority: 21 U.S.C. 360b. a.m. and 4 p.m., Monday through DATES: This rule is effective May 15, Friday. 2003. § 520.1696b [Amended] FDA has determined under 21 CFR FOR FURTHER INFORMATION CONTACT: ■ 2. Section 520.1696b Penicillin G 25.33(a)(1) that this action is of a type Lonnie W. Luther, Center for Veterinary potassium in drinking water is amended that does not individually or Medicine (HFV–104), Food and Drug in paragraph (b) by adding ‘‘059130’’ in cumulatively have a significant effect on Administration, 7519 Standish Pl., numerical sequence. the human environment. Therefore,
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neither an environmental assessment relief of pain and inflammation PART 522—IMPLANTATION OR nor an environmental impact statement associated with osteoarthritis. INJECTABLE DOSAGE FORM NEW is required. DATES: This rule is effective May 15, ANIMAL DRUGS This rule does not meet the definition 2003. ■ of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 1. The authority citation for 21 CFR it is a rule of ‘‘particular applicability.’’ FOR FURTHER INFORMATION CONTACT: part 522 continues to read as follows: Therefore, it is not subject to the Melanie R. Berson, Center for Veterinary Authority: 21 U.S.C. 360b. congressional review requirements in 5 Medicine (HFV–110), Food and Drug ■ 2. Section 522.312 is added to read as U.S.C. 801–808. Administration, 7500 Standish Pl., follows: Rockville, MD 20855, 301–827–7540, e- § 522.312 Carprofen. List of Subjects in 21 CFR Part 520 mail [email protected]. Animal drugs. (a) Specifications. Each milliliter of SUPPLEMENTARY INFORMATION: Pfizer, solution contains 50 milligrams (mg) ■ Therefore, under the Federal Food, Inc., 235 East 42d St., New York, NY carprofen. Drug, and Cosmetic Act and under 10017–5755, filed NADA 141–199 for (b) Sponsor. See No. 000069 in authority delegated to the Commissioner RIMADYL (carprofen) Injection. The § 510.600(c) of this chapter. of Food and Drugs and redelegated to the NADA provides for the veterinary (c) [Reserved] Center for Veterinary Medicine, 21 CFR prescription use of carprofen solution in (d) Conditions of use in dogs—(1) part 520 is amended as follows: dogs, by subcutaneous injection, for the Amount. 1 mg per pound (2.2 mg per relief of pain and inflammation kilogram) body weight twice daily, by PART 520—ORAL DOSAGE FORM associated with osteoarthritis. The NEW ANIMAL DRUGS subcutaneous injection. application is approved as of March 3, (2) Indications for use. For the relief ■ 1. The authority citation for 21 CFR 2003, and the regulations in part 522 (21 of pain and inflammation associated part 520 continues to read as follows: CFR part 522) are amended by adding with osteoarthritis. new § 522.312 to reflect the approval. (3) Limitations. Federal law restricts Authority: 21 U.S.C. 360b. The basis of approval is discussed in the this drug to use by or on the order of ■ 2. Section 520.905a is amended by freedom of information summary. a licensed veterinarian. revising paragraph (d)(4)(ii) and in In accordance with the freedom of Dated: May 6, 2003. paragraph (d)(4)(iii) by removing the last information provisions of 21 CFR part Steven F. Sundlof, sentence to read as follows: 20 and 514.11(e)(2)(ii), a summary of Director, Center for Veterinary Medicine. safety and effectiveness data and [FR Doc. 03–12041 Filed 5–14–03; 8:45 am] § 520.905a Febendazole suspension. information submitted to support * * * * * approval of this application may be seen BILLING CODE 4160–01–S (d) * * * in the Dockets Management Branch (4) * * * (HFA–305), Food and Drug DEPARTMENT OF HEALTH AND (ii) Indications for use. For the Administration, 5630 Fishers Lane, rm. HUMAN SERVICES removal and control of stomach worms 1061, Rockville, MD 20852, between 9 (adults) Haemonchus contortus and a.m. and 4 p.m., Monday through Food and Drug Administration Teladorsagia circumcincta. Friday. * * * * * Under section 512(c)(2)(F)(ii) of the 21 CFR Part 522 Dated: April 30, 2003. Federal Food, Drug, and Cosmetic Act Implantation or Injectable Dosage Steven F. Sundlof, (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of Form New Animal Drugs; Xylazine Director, Center for Veterinary Medicine. marketing exclusivity beginning March AGENCY: Food and Drug Administration, [FR Doc. 03–12121 Filed 5–14–03; 8:45 am] 3, 2003. BILLING CODE 4160–01–S HHS. The agency has determined under 21 ACTION: Final rule. CFR 25.33(d)(1) that this action is of a DEPARTMENT OF HEALTH AND type that does not individually or SUMMARY: The Food and Drug HUMAN SERVICES cumulatively have a significant effect on Administration (FDA) is amending the the human environment. Therefore, animal drug regulations to reflect Food and Drug Administration neither an environmental assessment approval of a supplemental new animal nor an environmental impact statement drug application (NADA) filed by Lloyd, 21 CFR Part 522 is required. Inc. The supplemental NADA provides This rule does not meet the definition for use of a 300 milligram per milliliter Implantation or Injectable Dosage of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because strength of xylazine hydrochloride Form New Animal Drugs; Carprofen it is a rule of ‘‘particular applicability.’’ solution in elk and wild deer to produce Therefore, it is not subject to the sedation, accompanied by a shorter AGENCY: Food and Drug Administration, congressional review requirements in 5 period of analgesia. A food safety HHS. U.S.C. 801–808. cautionary statement regarding the use ACTION: Final rule. of xylazine in elk and wild deer List of Subjects in 21 CFR Part 522 (Cervidae) is also being codified for SUMMARY: The Food and Drug currently approved products. Administration (FDA) is amending the Animal drugs. animal drug regulations to reflect ■ Therefore, under the Federal Food, DATES: This rule is effective May 15, approval of a new animal drug Drug, and Cosmetic Act and under 2003. application (NADA) filed by Pfizer, Inc. authority delegated to the Commissioner FOR FURTHER INFORMATION CONTACT: The NADA provides for the veterinary of Food and Drugs and redelegated to the Melanie R. Berson, Center for Veterinary prescription use of carprofen solution in Center for Veterinary Medicine, 21 CFR Medicine (HFV–110), Food and Drug dogs, by subcutaneous injection, for the part 522 is amended as follows: Administration, 7500 Standish Pl.,
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Rockville, MD 20855, 301–827–7543, e- Authority: 21 U.S.C. 360b. tailed deer (Odocoileus virginianus): 1 mail: [email protected]. ■ 2. Section 522.2662 and the section to 2 mg/lb. SUPPLEMENTARY INFORMATION: Lloyd, heading are revised to read as follows: (C) Fallow deer (Dama dama): 2 to 4 Inc., 604 West Thomas Ave., mg/lb. § 522.2662 Xylazine. Shenandoah, IA 51601, filed a (ii) Indications for use. supplement to NADA 139–236 that (a) Specifications. Each milliliter (mL) (A) To produce sedation, as an provides for use of CERVIZINE 300 of solution contains xylazine analgesic, and as a preanesthetic to local (xylazine hydrochloride) solution in elk hydrochloride equivalent to: anesthesia. (1) 20 milligrams (mg) xylazine. and wild deer to produce sedation, (B) To produce sedation, (2) 100 mg xylazine. accompanied by a shorter period of accompanied by a shorter period of (3) 300 mg xylazine. analgesia. The supplemental NADA is (b) Sponsors. See sponsors in analgesia. May be used to calm and approved as of February 10, 2003, and § 510.600(c) of this chapter for uses as facilitate handling of fractious animals the regulations are amended in in paragraph (d) of this section. for diagnostic procedures, for minor § 522.2662 (21 CFR 522.2662) to reflect (1) No. 000010 for use of product surgical procedures, for therapeutic the approval. The basis of approval is described in paragraph (a)(2) of this medication for sedation and relief of discussed in the freedom of information section as in paragraph (d)(2) of this pain following injury or surgery, and as summary. section. a preanesthetic to local anesthetic. At Section 522.2662 is also being (2) No. 000856 for use of product the recommended dosages, can be used amended to revise a codified food safety described in paragraph (a)(2) of this in conjunction with local anesthetics, limitation and to add a food safety section as in paragraphs (d)(2), (d)(3)(i), such as procaine or lidocaine. cautionary statement regarding the use (d)(3)(ii)(A), and (d)(3)(iii) of this (iii) Limitations. Do not use in of xylazine in elk and wild deer section. domestic food-producing animals. Do (Cervidae). Both statements are (3) Nos. 000859 and 061651 for use of not use in Cervidae less than 15 days currently used in labeling for both product described in paragraph (a)(1) of before or during the hunting season. pioneer and generic xylazine products. this section as in paragraph (d)(1); and Dated: April 2, 2003. Section 522.2662 is also revised to product described in paragraph (a)(2) of Steven D. Vaughn, reflect a current format. this section as in paragraphs (d)(2), In accordance with the freedom of Director, Office of New Animal Drug (d)(3)(i), (d)(3)(ii)(A), and (d)(3)(iii) of Evaluation, Center for Veterinary Medicine. information provisions of 21 CFR part this section. 20 and 21 CFR 514.11(e)(2)(ii), a (4) No. 061690 for use of product [FR Doc. 03–12120 Filed 5–14–03; 8:45 am] summary of safety and effectiveness described in paragraph (a)(1) of this BILLING CODE 4160–01–S data and information submitted to section as in paragraph (d)(1) of this support approval of this application section; product described in paragraph may be seen in the Dockets Management (a)(2) of this section as in paragraphs PENSION BENEFIT GUARANTY Branch (HFA–305), Food and Drug (d)(2), (d)(3)(i), (d)(3)(ii)(A), and CORPORATION Administration, 5630 Fishers Lane, rm. (d)(3)(iii) of this section; and product 29 CFR Parts 4022 and 4044 1061, Rockville, MD 20852, between 9 described in paragraph (a)(3) of this a.m. and 4 p.m., Monday through section as in paragraphs (d)(3)(i), Benefits Payable in Terminated Single- Friday. (d)(3)(ii)(B), and (d)(3)(iii) of this Employer Plans; Allocation of Assets The agency has determined under 21 section. in Single-Employer Plans; Interest CFR 25.33(d)(1) that this action is of a (c) Special considerations. Federal Assumptions for Valuing and Paying type that does not individually or law restricts this drug to use by or on Benefits cumulatively have a significant effect on the order of a licensed veterinarian. the human environment. Therefore, (d) Conditions of use—(1) Dogs and AGENCY: Pension Benefit Guaranty neither an environmental assessment cats—(i) Amount. 0.5 mg/pound (lb) Corporation. nor an environmental impact statement intravenously or 1.0 mg/lb ACTION: Final rule. is required. subcutaneously. This rule does not meet the definition (ii) Indications for use. To produce SUMMARY: The Pension Benefit Guaranty of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because sedation, as an analgesic, and as a Corporation’s regulations on Benefits it is a rule of ‘‘particular applicability.’’ preanesthetic to local or general Payable in Terminated Single-Employer Therefore, it is not subject to the anesthesia. Plans and Allocation of Assets in congressional review requirements in 5 (2) Horses--(i) Amount. 0.5 mg/lb Single-Employer Plans prescribe interest U.S.C. 801–808. intravenously or 1.0 mg/lb assumptions for valuing and paying intramuscularly. benefits under terminating single- List of Subjects in 21 CFR Part 522 (ii) Indications for use. To produce employer plans. This final rule amends Animal drugs. sedation, as an analgesic, and as a the regulations to adopt interest ■ Therefore, under the Federal Food, preanesthetic to local or general assumptions for plans with valuation Drug, and Cosmetic Act and under anesthesia. dates in June 2003. Interest assumptions authority delegated to the Commissioner (iii) Limitations. Not for use in horses are also published on the PBGC’s Web of Food and Drugs and redelegated to the intended for food. site (http://www.pbgc.gov). (3) Elk and deer--(i) Amount. Center for Veterinary Medicine, 21 CFR EFFECTIVE DATE: June 1, 2003. part 522 is amended as follows: Administer intramuscularly, by hand syringe, or by syringe dart, in the heavy FOR FURTHER INFORMATION CONTACT: PART 522—IMPLANTATION OR muscles of the croup or shoulder as Harold J. Ashner, Assistant General INJECTABLE DOSAGE FORM NEW follows: Counsel, Office of the General Counsel, ANIMAL DRUGS (A) Elk (Cervus canadensis): 0.25 to Pension Benefit Guaranty Corporation, 0.5 mg/lb. 1200 K Street, NW., Washington, DC ■ 1. The authority citation for 21 CFR (B) Mule deer (Odocoileus hemionus), 20005, 202–326–4024. (TTY/TDD users part 522 continues to read as follows: sika deer (Cervus nippon), and white- may call the Federal relay service toll-
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free at 1–800–877–8339 and ask to be PBGC’s historical methodology for making the assumptions set forth in this connected to 202–326–4024.) valuation dates during June 2003. amendment effective less than 30 days For valuation of benefits for allocation SUPPLEMENTARY INFORMATION: The after publication. PBGC’s regulations prescribe actuarial purposes, the interest assumptions that The PBGC has determined that this assumptions—including interest the PBGC will use (set forth in action is not a ‘‘significant regulatory assumptions—for valuing and paying Appendix B to part 4044) will be 4.70 action’’ under the criteria set forth in plan benefits of terminating single- percent for the first 20 years following Executive Order 12866. employer plans covered by title IV of the valuation date and 5.25 percent Because no general notice of proposed the Employee Retirement Income thereafter. These interest assumptions rulemaking is required for this Security Act of 1974. The interest represent a decrease (from those in amendment, the Regulatory Flexibility assumptions are intended to reflect effect for May 2003) of 0.20 percent for Act of 1980 does not apply. See 5 U.S.C. current conditions in the financial and the first 20 years following the valuation 601(2). annuity markets. date and are otherwise unchanged. The interest assumptions that the List of Subjects Three sets of interest assumptions are PBGC will use for its own lump-sum 29 CFR Part 4022 prescribed: (1) A set for the valuation of payments (set forth in Appendix B to benefits for allocation purposes under part 4022) will be 3.50 percent for the Employee benefit plans, Pension section 4044 (found in Appendix B to period during which a benefit is in pay insurance, Pensions, Reporting and part 4044), (2) a set for the PBGC to use status and 4.00 percent during any years recordkeeping requirements. to determine whether a benefit is preceding the benefit’s placement in pay 29 CFR Part 4044 payable as a lump sum and to determine status. These interest assumptions are Employee benefit plans, Pension lump-sum amounts to be paid by the unchanged from those in effect for May insurance, Pensions. PBGC (found in Appendix B to part 2003. 4022), and (3) a set for private-sector For private-sector payments, the ■ In consideration of the foregoing, 29 pension practitioners to refer to if they interest assumptions (set forth in CFR parts 4022 and 4044 are amended as wish to use lump-sum interest rates Appendix C to part 4022) will be the follows: determined using the PBGC’s historical same as those used by the PBGC for PART 4022—BENEFITS PAYABLE IN methodology (found in Appendix C to determining and paying lump sums (set TERMINATED SINGLE-EMPLOYER part 4022). forth in Appendix B to part 4022). Accordingly, this amendment (1) adds The PBGC has determined that notice PLANS to Appendix B to part 4044 the interest and public comment on this amendment ■ 1. The authority citation for part 4022 assumptions for valuing benefits for are impracticable and contrary to the continues to read as follows: allocation purposes in plans with public interest. This finding is based on valuation dates during June 2003, (2) the need to determine and issue new Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. adds to Appendix B to part 4022 the interest assumptions promptly so that interest assumptions for the PBGC to the assumptions can reflect, as ■ 2. In appendix B to part 4022, Rate Set use for its own lump-sum payments in accurately as possible, current market 116, as set forth below, is added to the plans with valuation dates during June conditions. table. (The introductory text of the table 2003, and (3) adds to Appendix C to Because of the need to provide is omitted.) part 4022 the interest assumptions for immediate guidance for the valuation private-sector pension practitioners to and payment of benefits in plans with Appendix B to Part 4022—Lump Sum refer to if they wish to use lump-sum valuation dates during June 2003, the Interest Rates For PBGC Payments interest rates determined using the PBGC finds that good cause exists for * * * * *
For plans with a valuation date Immediate Deferred annuities (percent) Rate set annuity rate On or after Before (percent) i 1 i 2 i 3 n 1 n 2
******* 116 ...... 6–1–03 ...... 7–1–03 ...... 3.50 4.00 4.00 4.00 7 8
■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 116, as set forth below, is added to the Interest Rates For Private-Sector table. (The introductory text of the table Payments is omitted.) * * * * *
For plans with a valuation date Immediate Deferred annuities (percent) Rate set annuity rate On or after Before (percent) i 1 i 2 i 3 n 1 n 2
******* 116 ...... 6–1–03 ...... 7–1–03 ...... 3.50 4.00 4.00 4.00 7 8
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PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits PLANS ■ 5. In appendix B to part 4044, a new entry, as set forth below, is added to the * * * * * ■ 4. The authority citation for part 4044 table. (The introductory text of the table continues to read as follows: is omitted.)
The values of it are: For valuation dates occuring in the month— i t for t= i t for t= i t for t=
******* June 2003 ...... 0470 1–20 .0525 >20 N/A N/A
Issued in Washington, DC, on this 9th day maintains the public docket for this DEPARTMENT OF HOMELAND of May 2003. temporary deviation. SECURITY Joseph H. Grant, FOR FURTHER INFORMATION CONTACT: Kay Deputy Executive Director and Chief Wade, Bridge Administration Branch, Coast Guard Operating Officer, Pension Benefit Guaranty telephone (504) 589–2965. Corporation. 33 CFR Part 165 SUPPLEMENTARY INFORMATION: The Port [FR Doc. 03–12116 Filed 5–14–03; 8:45 am] of Corpus Christi Authority has [COTP Western Alaska 03–001] BILLING CODE 7708–01–P requested a temporary deviation in order to remove and replace the main RIN 1625–AA00 drive bearings of the Tule Lake vertical DEPARTMENT OF HOMELAND Security zone; Port of Anchorage, Knik lift span bridge across Corpus Christi— Arm, AK SECURITY Port Aransas Channel, mile 14.0 at Corpus Christi, Nueces County, Texas. AGENCY: Coast Guard, DHS. Coast Guard This maintenance is essential for the ACTION: Temporary final rule. continued safe operation of the bridge. 33 CFR Part 117 This temporary deviation will allow the SUMMARY: The Coast Guard is [CGD08–03–021] bridge to remain in the closed-to- establishing a temporary 1000-yard navigation position from 7 a.m. through security zone in the navigable waters off Drawbridge Operation Regulations; 7 p.m. on Thursday, May 22, 2003. the Port of Anchorage, Alaska. This Corpus Christi—Port Aransas The vertical lift span bridge has a security zone temporarily closes all Channel—Tule Lake, Corpus Christi, vertical clearance of 9.0 feet above mean navigable waters extending out from the TX high water, elevation 1.0 feet Mean Sea Port of Anchorage. This action is necessary to protect the Port of AGENCY: Coast Guard, DHS. Level and 11.0 feet above mean low water, elevation ¥1.0 Mean Sea Level Anchorage, vessels moored at the Port, ACTION: Notice of temporary deviation in the closed-to-navigation position. and its personnel against sabotage or from regulations. Navigation at the site of the bridge subversive acts. SUMMARY: The Commander, Eighth consists mainly of oil tankers and tows DATES: This temporary final rule is Coast Guard District, has issued a with barges. There is no recreational effective from 1:01 p.m. March 19, 2003, temporary deviation from the regulation pleasure craft usage at the bridge site. to 12:01 p.m. June 19, 2003. governing the operation of the Tule Lake Due to prior experience, as well as ADDRESSES: Documents indicated in this Vertical Lift Span Highway and Railroad coordination with water way users, it preamble as being available in the Bridge across the Corpus Christi—Port has been determined that this one day docket are part of docket (COTP Aransas Channel, mile 14.0, at Corpus closure will not have a significant effect Western Alaska 03–001) and are Christi, Nueces County, TX. This on these vessels. The bridge normally available for inspection or copying at deviation allows the bridge to remain opens to pass navigation an average of Coast Guard Marine Safety Office closed to navigation on May 22, 2003. 850 times per month. The bridge opens Anchorage, AK between 7:30 a.m. and 4 The deviation is necessary to conduct on signal as required by 33 CFR 117.5. p.m., Monday through Friday, except emergency repairs to the drawbridge. The bridge will not be able to open for Federal holidays. emergencies during the closure period. DATES: This deviation is effective from FOR FURTHER INFORMATION CONTACT: Alternate routes are not available. 7 a.m. through 7 p.m. on May 22, 2003. In accordance with 33 CFR 117.35(c), Lieutenant Commander Chris Woodley, ADDRESSES: Materials referred to in this this work will be performed with all due USCG Marine Safety Office Anchorage, document are available for inspection or speed in order to return the bridge to at (907) 271–6700. copying at the office of the Eighth Coast normal operation as soon as possible. SUPPLEMENTARY INFORMATION: Guard District, Bridge Administration This deviation from the operating Regulatory Information Branch, Hale Boggs Federal Building, regulations is authorized under 33 CFR room 1313, 501 Magazine Street, New 117.35. We did not publish a notice of Orleans, Louisiana 70130–3396 between proposed rulemaking (NPRM) for this 7 a.m. and 3 p.m., Monday through Dated: May 7, 2003. regulation. Under 5 U.S.C. 553(b)(B), the Friday, except Federal holidays. The Marcus Redford, Coast Guard finds that good cause exists telephone number is (504) 589–2965. Bridge Administrator. for not publishing an NPRM, and that The Bridge Administration Branch of [FR Doc. 03–12182 Filed 5–14–03; 8:45 am] under 5 U.S.C. 553(d)(3), good cause the Eighth Coast Guard District BILLING CODE 4910–15–P exists for making this rule effective less
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than 30 days after publication in the regulatory policies and procedures of that may result in the expenditure by a Federal Register. The Port of the Department of Homeland Security State, local, or tribal government, in the Anchorage, Alaska recently experienced (DHS). This finding is based on the aggregate, or by the private sector of a terrorist threat of damage to the port limited size of the security zone which $100,000,000 or more in any one year. and its personnel. We are immediately will have minimal, if any, impact on Though this rule will not result in such establishing this temporary security vessels transiting the waters of Knik an expenditure, we do discuss the zone to protect the Port, the vessels Arm and to facilities near the Port of effects of this rule elsewhere in this within the Port, and its personnel from Anchorage. preamble. sabotage or subversive acts. Small Entities Taking of Private Property Background and Purpose Under the Regulatory Flexibility Act This rule will not effect a taking of In light of a recent terrorist threat to (5 U.S.C. 601–612), we have considered private property or otherwise have the Port of Anchorage, the Coast Guard whether this rule would have a taking implications under Executive is establishing a security zone on the significant economic impact on a Order 12630, Governmental Actions and navigable waters off the Port of substantial number of small entities. Interference with Constitutionally Anchorage to safeguard the Port, the The term ‘‘small entities’’ comprises Protected Property Rights. vessels within the Port, and its small businesses, not-for-profit Civil Justice Reform personnel from sabotage or subversive organizations that are independently acts and incidents of a similar nature. owned and operated and are not This rule meets applicable standards This security zone prohibits movement dominant in their fields, and in sections 3(a) and 3(b)(2) of Executive within or entry into the specified area. governmental jurisdictions with Order 12988, Civil Justice Reform, to This rule establishes a temporary populations of less than 50,000. minimize litigation, eliminate 1000-yard security zone in the navigable The Coast Guard certifies under 5 ambiguity, and reduce burden. waters of Knik Arm off the Port of U.S.C. 605(b) that this rule will not have Protection of Children Anchorage, Alaska. This security zone is a significant economic impact on a designed to permit the safe loading and substantial number of small entities. We have analyzed this rule under unloading of vessels moored at the Port This rule will affect the following Executive Order 13045, Protection of and to protect its personnel from entities, some of which may be small Children from Environmental Health possible sabotage, subversive acts or entities: The owners or operators of Risks and Safety Risks. This rule is not incidents of a similar nature. vessels intending to transit in the an economically significant rule and does not create an environmental risk to Discussion of Rule vicinity of the Port of Anchorage. This security zone will not have a health or risk to safety that may The Coast Guard is establishing a significant economic impact on a disproportionately affect children. temporary 1000-yard security zone in substantial number of small entities for Indian Tribal Governments the navigable waters of Knik Arm off the the following reasons. Marine traffic Port of Anchorage. Specifically, the will still be able to transit through Knik This rule does not have tribal zone includes the waters of Knik Arm Arm during the zone’s activation. implications under Executive Order that are within an area bounded by a Additionally, vessels with cargo to load 13175, Consultation and Coordination line drawn from a point located at or unload at the Port of Anchorage will with Indian Tribal Governments, ° ′ ° ′ 61 15.14 North, 149 52.78 West, then not be precluded from mooring at or because it does not have a substantial ° ′ west to a point located at 61 15.14 getting underway from the Port. Tow direct effect on one or more Indian ° ′ North, 149 53.84 West, then south to a vessels contracted to assist vessels will tribes, on the relationship between the ° ′ point located at 61 14.17 North, not be precluded from transiting the Federal government and Indian tribes, ° ′ 149 54.43 West, then east to a point zone to assist vessels. or on the distribution of power and located at 61°13.94′ North, 149°53.55′ responsibilities between the Federal West. All cargo vessels scheduled to Collection of Information government and Indian tribes. moor at the Port of Anchorage and that This rule calls for no new collection Energy Effects have submitted the required Advance of information under the Paperwork Notice of Arrival will be allowed to Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this final rule transit the zone. All tow vessels 3520). under Executive Order 13211, Actions contracted, specifically Cook Inlet Tug Concerning Regulations That and Barge, to assist the vessels into the Federalism Significantly Affect Energy Supply, Port of Anchorage, may transit the A rule has implications for federalism Distribution, or Use. We have security zone when actually assisting a under Executive Order 13132, determined that it is not a ‘‘significant vessel. The limited size of the zone is Federalism, if it has a substantial direct energy action’’ under that order because designed to minimize the impact on effect on State or local governments and it is not a ‘‘significant regulatory action’’ other vessels transiting to facilities near would either preempt State law or under Executive Order 12866 and is not the Port of Anchorage. impose a substantial direct cost of likely to have a significant adverse effect compliance on them. We have analyzed on the supply, distribution, or use of Regulatory Evaluation this rule under that Order and have energy. It has not been designated by the This rule is not a ‘‘significant determined that it does not have Administrator of the Office of regulatory action’’ under section 3(f) of implications for federalism. Information and Regulatory Affairs as a Executive Order 12886, Regulatory significant energy action. Therefore, it Unfunded Mandates Reform Act Planning and Review, and does not does not require a Statement of Energy require an assessment of potential costs The Unfunded Mandates Reform Act Effects under Executive Order 13211. and benefits under section 6(a)(3) of that of 1995 (2 U.S.C. 1531–1538) requires Order. The Office of Management and Federal agencies to assess the effects of Environment Budget has not reviewed it under that their discretionary regulatory actions. In We have analyzed this rule under Order. It is not ‘‘significant’’ under the particular, the Act addresses actions Commandant Instruction M16475.lD,
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which guides the Coast Guard in assist vessels to the dock at the Port of 300, Denver, Colorado, 80202. Copies of complying with the National Anchorage. the documents relevant to this action Environmental Policy Act of 1969 (2) All persons and vessels shall are available for public inspection (NEPA) (42 U.S.C. 4321–4370f), and comply with the instructions of the during normal business hours at the Air have concluded that there are no factors Captain of the Port representative or the and Radiation Program, Environmental in this case that would limit the use of designated on-scene patrol personnel. Protection Agency, Region 8, 999 18th a categorical exclusion under section These personnel are comprised of Street, Suite 300, Denver, Colorado, 2.B.2 of the Instruction. Therefore, this commissioned, warrant, and petty 80202 and copies of the Incorporation rule is categorically excluded, under officers of the Coast Guard. Upon being by Reference material are available at figure 2–1, paragraph (34)(g) of the hailed by a U.S. Coast Guard vessel by the Air and Radiation Docket and Instruction, from further environmental siren, radio, flashing light, or other Information Center, U.S. Environmental documentation. A final ‘‘Environmental means, the operator of a vessel shall Protection Agency, Room B–108 (Mail Analysis Check List’’ and a final proceed as directed. Code 6102T), 1301 Constitution Ave., ‘‘Categorical Exclusion Determination’’ Dated: March 19, 2003. NW., Washington, DC 20460. Copies of the State documents relevant to this will be available in the docket where Ronald J. Morris, indicated under ADDRESSES. action are available for public Captain, Coast Guard, Captain of the Port, inspection at the Utah Department of Western Alaska. List of Subjects in 33 CFR Part 165 Environmental Quality, Division of Air [FR Doc. 03–12048 Filed 5–14–03; 8:45 am] Harbors, Marine safety, Navigation Quality, 150 North 1950 West, Salt Lake (water), Reporting and Record keeping BILLING CODE 4910–15–P City, Utah 84114. requirements, Security measures, FOR FURTHER INFORMATION CONTACT: Waterways. Laurel Dygowski, EPA, Region 8, (303) ENVIRONMENTAL PROTECTION ■ 312–6144. For the reasons discussed in the AGENCY preamble, the Coast Guard amends 33 SUPPLEMENTARY INFORMATION: CFR part 165 as follows: 40 CFR Part 52 Throughout this document, wherever the term ‘‘we’’ or ‘‘our’’ is used means PART 165—REGULATED NAVIGATION [SIP NO. UT–001–0052a; FRL–7483–4] EPA. AREAS AND LIMITED ACCESS AREAS Approval and Promulgation of Air I. Summary of SIP Revisions ■ Quality Implementation Plans; State of 1. The authority citation for part 165 A. September 7, 1999 Submittal continues to read as follows: Utah; Continuous Emission Monitoring Program On September 7, 1999 and February Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 11, 2003, the Governor of Utah 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; AGENCY: Environmental Protection submitted revisions to the SIP. The Department of Homeland Security Delegation Agency (EPA). No. 0170. September 7, 1999 submittal revises ACTION: Direct final rule. Utah’s Air Conservation Regulations ■ 2. Add § 165.T17–017 to read as (UACR) by repealing and re-enacting the SUMMARY: EPA is taking direct final follows: Continuous Emission Monitoring action approving State Implementation Program (CEM) rule, R307–170, in order § 165.T17–017 Security Zone: Port of Plan (SIP) revisions submitted by the to clarify the requirements of the rule. Anchorage, Knik Arm, Alaska. Governor of Utah on September 7, 1999 R307–170 applies to sources in Utah and February 11, 2003. The September (a) Location. The following area is a that use continuous monitoring systems 7, 1999 submittal revises Utah’s Air security zone: All navigable waters to report their emissions. The changes to Conservation Regulations (UACR) by within 1000-yards of the Port of the CEM rule clarify points which were repealing and re-enacting the Anchorage. Specifically, the zone vague in the old rule, identify reporting Continuous Emission Monitoring includes the waters of Knik Arm that are parameters, reduce quarterly reporting Program (CEM) rule in order to clarify within an area bounded by a line drawn for some CEM sources, and require ° ′ the requirements of the rule. The from a point located at 61 15.14 North, electronic data reporting. The rule is ° ′ February 11, 2003 submittal makes 149 52.78 West, then west to a point also changed to reflect that when ° ′ ° ′ additional revisions to the CEM rule to located at 61 15.14 North, 149 53.84 sources are planning on conducting a make it in agreement with Federal West, then south to a point located at relative accuracy test audit, they must ° ′ ° ′ regulations and the Clean Air Act 61 14.17 North, 149 54.43 West, then give notice to the executive secretary ° ′ (CAA). The intended effect of this action east to a point located at 61 13.94 forty-five days instead of thirty days ° ′ is to make the CEM rule federally North, 149 53.55 West. before performing a relative accuracy enforceable. This action is being taken (b) Effective period. This section is test audit and also submit the pretest under section 110 of the CAA. effective from 1:01 p.m. March 19, 2003 protocol. In addition, the new rule to 12:01 p.m. June 19, 2003. DATES: This rule is effective on July 14, separates monitor unavailability into (c) Regulations. (1) For the purpose of 2003 without further notice, unless EPA categories which are exempt and non- this section, the general regulations receives adverse comment by June 16, exempt for reporting purposes and does contained in 33 CFR 165.33 apply to all 2003. If adverse comment is received, not require reporting emissions during but the following vessels in the areas EPA will publish a timely withdrawal of shutdowns. described in paragraph (a): the direct final rule in the Federal (i) Vessels scheduled to moor and Register informing the public that the B. February 11, 2003 Submittal offload or load cargo at the Port of rule will not take effect. On April 2, 2002, EPA Region 8 sent Anchorage that have provided the Coast ADDRESSES: Written comments may be a letter from Richard Long, Director, Air Guard with an Advance Notice of mailed to Richard R. Long, Director, Air and Radiation Program, to Richard Arrival. and Radiation Program, Mailcode 8P- Sprott, Director, Utah Division of Air (ii) Tow vessels contracted, AR, Environmental Protection Agency Quality to explain that certain sections specifically Cook Inlet Tug and Barge, to (EPA), Region 8, 999 18th Street, Suite in R307–170, as submitted on
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September 7, 1999, were not a separate document that will serve as on the relationship between the national approvable. Specifically, the letter the proposal to approve the SIP revision government and the States, or on the pointed out a typographical error in if adverse comments be filed. This rule distribution of power and R307–170–4, as well as director will be effective July 14, 2003 without responsibilities among the various discretion provisions in the following further notice unless the Agency levels of government, as specified in sections: R307–170–5(c), R307–170–5(d) receives adverse comments by June 16, Executive Order 13132 (64 FR 43255, and R307–107–9(4)(c). Director 2003. If the EPA receives adverse August 10, 1999). This action merely discretion means that sections R307– comments, EPA will publish a timely approves a state rule implementing a 170–5(c), R307–170–5(d) and R307– withdrawal in the Federal Register Federal standard, and does not alter the 107–9(4)(c) contain language that allows informing the public that the rule will relationship or the distribution of power the State to approve alternative not take effect. EPA will address all and responsibilities established in the sampling methods and determine when public comments in a subsequent final Clean Air Act. This rule also is not continuous emission monitoring rule based on the proposed rule. The subject to Executive Order 13045 breakdowns are not a violation. These EPA will not institute a second ‘‘Protection of Children from director discretion provisions comment period on this action. Any Environmental Health Risks and Safety essentially allow for a variance from SIP parties interested in commenting must Risks’’ (62 FR 19885, April 23, 1997), requirements, which is not allowed do so at this time. Please note that if because it is not economically under section 110(i) of the Clean Air EPA receives adverse comment on an significant. Act. The April 2, 2002 letter stated that amendment, paragraph, or section of In reviewing SIP submissions, EPA’s unless the State corrected these this rule and if that provision may be role is to approve state choices, provisions, we would not be able to severed from the remainder of the rule, provided that they meet the criteria of approve them. On February 11, 2003, EPA may adopt as final those provisions the Clean Air Act. In this context, in the the Governor of Utah submitted of the rule that are not the subject of an absence of a prior existing requirement revisions to R307–170 to correct the adverse comment. for the State to use voluntary consensus typographical error in R307–170–4 and standards (VCS), EPA has no authority III. Statutory and Executive Order director discretion provisions in R307– to disapprove a SIP submission for Review 170–5(c), R307–170–5(d) and R307– failure to use VCS. It would thus be 107–9(4)(c). Under Executive Order 12866 (58 FR inconsistent with applicable law for We have reviewed the revisions 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, identified above. We believe the not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission revisions are acceptable and are therefore is not subject to review by the that otherwise satisfies the provisions of approving them into the SIP. Office of Management and Budget. For the Clean Air Act. Thus, the this reason, this action is also not requirements of section 12(d) of the II. Final Action subject to Executive Order 13211, National Technology Transfer and EPA is approving SIP revisions ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. submitted by the Governor of Utah on Significantly Affect Energy Supply, 272 note) do not apply. This rule does September 7, 1999 and February 11, Distribution, or Use’’ (66 FR 28355, May not impose an information collection 2003. The September 7, 1999 submittal 22, 2001). This action merely approves burden under the provisions of the revises UACR by repealing and re- state law as meeting Federal Paperwork Reduction Act of 1995 (44 enacting R307–170, CEM rule, in order requirements and imposes no additional U.S.C. 3501 et seq.). to clarify the requirements of the rule. requirements beyond those imposed by The Congressional Review Act, 5 The February 11, 2003 submittal makes state law. Accordingly, the U.S.C. 801 et seq., as added by the Small additional revisions to the CEM rule to Administrator certifies that this rule Business Regulatory Enforcement make it in agreement with Federal will not have a significant economic Fairness Act of 1996, generally provides regulations and the CAA. impact on a substantial number of small that before a rule may take effect, the Section 110(l) of the Clean Air Act entities under the Regulatory Flexibility agency promulgating the rule must states that a SIP revision cannot be Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a approved if the revision would interfere rule approves pre-existing requirements copy of the rule, to each House of the with any applicable requirement under state law and does not impose Congress and to the Comptroller General concerning attainment and reasonable any additional enforceable duty beyond of the United States. EPA will submit a further progress towards attainment of that required by state law, it does not report containing this rule and other the NAAQS or any other applicable contain any unfunded mandate or required information to the U.S. Senate, requirements of the Act. The Utah SIP significantly or uniquely affect small the U.S. House of Representatives, and revisions that are the subject of this governments, as described in the the Comptroller General of the United document do not interfere with the Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in maintenance of the NAAQS or any other (Pub. L. 104–4). the Federal Register. A major rule applicable requirement of the Act This rule also does not have tribal cannot take effect until 60 days after it because the revisions meet the implications because it will not have a is published in the Federal Register. requirements of 40 CFR 51.214, 40 CFR substantial direct effect on one or more This action is not a ‘‘major rule’’ as 51, Appendix P and 40 CFR 60. Indian tribes, on the relationship defined by 5 U.S.C. section 804(2). Therefore, section 110(l) requirements between the Federal Government and Under section 307(b)(1) of the Clean are satisfied. Indian tribes, or on the distribution of Air Act, petitions for judicial review of EPA is publishing this rule without power and responsibilities between the this action must be filed in the United prior proposal because the Agency Federal Government and Indian tribes, States Court of Appeals for the views this as a noncontroversial as specified by Executive Order 13175 appropriate circuit by July 14, 2003. amendment and anticipates no adverse (65 FR 67249, November 9, 2000). This Filing a petition for reconsideration by comments. However, in the ‘‘Proposed action also does not have Federalism the Administrator of this final rule does Rules’’ section of today’s Federal implications because it does not have not affect the finality of this rule for the Register publication, EPA is publishing substantial direct effects on the States, purposes of judicial review nor does it
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extend the time within which a petition ENVIRONMENTAL PROTECTION Room B–108 (Mail Code 6102T), 1301 for judicial review may be filed, and AGENCY Constitution Ave., NW., Washington, shall not postpone the effectiveness of DC 20460. Copies of the State such rule or action. This action may not 40 CFR Parts 52 and 81 documents relevant to this action are available for public inspection at the be challenged later in proceedings to [CO–001–0070a; FRL–7489–4] enforce its requirements. (See section Colorado Department of Public Health 307(b)(2).) Approval and Promulgation of Air and Environment, Air Pollution Control Quality Implementation Plans; Division, 4300 Cherry Creek Drive List of Subjects in 40 CFR Part 52 Colorado; Designation of Areas for Air South, Denver, Colorado 80246–1530. FOR FURTHER INFORMATION CONTACT: Environmental protection, Air Quality Planning Purposes, Aspen Libby Faulk, EPA, Region VIII, (303) pollution control, Carbon monoxide, AGENCY: Environmental Protection 312–6083. Incorporation by reference, Agency (EPA). SUPPLEMENTARY INFORMATION: Intergovernmental relations, Lead, ACTION: Direct final rule. Throughout this document, wherever Nitrogen dioxide, Ozone, Particulate ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean matter, Reporting and recordkeeping SUMMARY: EPA is taking direct final the Environmental Protection Agency requirements, Sulfur oxides, Volatile action to approve a State (EPA). organic compounds. Implementation Plan (SIP) revision Table of Contents Dated: April 3, 2003. submitted by the Governor of the State of Colorado on November 9, 2001, for I. EPA’s Final Action Robert E. Roberts, the purpose of redesignating the Aspen, What Action Is EPA Taking in this Direct Regional Administrator, Region 8. Colorado area from nonattainment to Final Rule? attainment for particulate matter with II. Summary of Redesignation Request and ■ 40 CFR part 52 is amended as follows: Maintenance Plan an aerodynamic diameter less than or A. What Requirements Must Be Followed PART 52—[AMENDED] equal to a nominal 10 micrometers for Redesignation to Attainment? (PM10) under the 1987 standards. The B. Does the Aspen Redesignation Request 1. The authority citation for part 52 Governor’s submittal, among other and Maintenance Plan Meet the CAA continues to read as follows: things, documents that the Aspen area Requirements? has attained the PM10 national ambient C. Have the Transportation Conformity Authority: 42 U.S.C. 7401 et seq. air quality standards (NAAQS), requests Requirements Been Met? redesignation to attainment and D. Did Colorado Follow the Proper Subpart TT—Utah Procedures for Adopting this Action? includes a maintenance plan for the area III. Background demonstrating maintenance of the PM ■ 2. Section 52.2320 is amended by 10 IV. CAA Section 110(l) Requirements NAAQS for ten years. EPA is approving V. Statutory and Executive Order Reviews adding paragraph (c)(57) to read as this redesignation request and follows: maintenance plan because Colorado has I. EPA’s Final Action § 52.2320 Identification of plan. met the applicable requirements of the What Action Is EPA Taking in This Clean Air Act (CAA), as amended. Upon Direct Final Rule? * * * * * the effective date of this approval, the We are approving the Governor’s (c) * * * Aspen area will be designated submittal of November 9, 2001, that attainment for the PM NAAQS. This (57) On September 7, 1999 and 10 requests redesignation of the Aspen action is being taken under sections 107, February 11, 2003, the Governor of Utah nonattainment area to attainment for the 110, and 175A of the Clean Air Act. submitted revisions to the SIP. The 1987 PM10 standards. Included in submittals revise Utah’s Air DATES: This rule is effective on July 14, Colorado’s submittal are changes to the Conservation Regulations (UACR), 2003, without further notice, unless ‘‘State Implementation Plan—Specific R307–170, Continuous Emission EPA receives adverse comment by June Regulations for Nonattainment— Monitoring Program, by repealing and 16, 2003. If adverse comment is Attainment/Maintenance Areas (Local re-enacting the rule to clarify received, EPA will publish a timely Areas)’’ which we are approving, under requirements of the rule. The revisions withdrawal of the direct final rule in the section 110 of the CAA, into Colorado’s are being approved into the SIP. Federal Register informing the public SIP. We are also approving the that the rule will not take effect. maintenance plan for the Aspen PM (i) Incorporation by reference. 10 ADDRESSES: Written comments may be nonattainment area, which was (A) UACR R307–170, effective 4/1/ mailed to Richard R. Long, Director, Air submitted with the Governor’s 1999, except sections R307–170–4, and Radiation Program, Mailcode 8P– November 9, 2001, redesignation R307–170–5 and R307–170–9. AR, Environmental Protection Agency request. We are approving this request (B) UACR sections R307–170–4, (EPA), Region VIII, 999 18th Street, and maintenance plan because Colorado R307–170–5 and R307–170–9, effective Suite 300, Denver, Colorado 80202. has adequately addressed all of the December 5, 2002. Copies of the documents relevant to this requirements of the CAA for action are available for public redesignation to attainment applicable [FR Doc. 03–12027 Filed 5–14–03; 8:45 am] inspection during normal business to the Aspen PM10 nonattainment area. BILLING CODE 6560–50–P hours at the Air and Radiation Program, Upon the effective date of this action, Environmental Protection Agency, the Aspen area designation status under Region VIII, 999 18th Street, Suite 300, 40 CFR part 81 will be revised to Denver, Colorado 80202 and copies of attainment. the Incorporation by Reference material EPA is publishing this rule without are available at the Air and Radiation prior proposal because the Agency Docket and Information Center, views this as a noncontroversial Environmental Protection Agency, amendment and anticipates no adverse
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comments. However, in the ‘‘Proposed requirements of the CAA for 1992, with revisions submitted on Rules’’ section of today’s Federal redesignation of the Aspen area to March 17, 1993, and December 9, 1993. Register publication, EPA is publishing attainment for PM10. EPA fully approved the PM10 SIP for a separate document that will serve as Aspen on September 14, 1994 (59 FR B. Does the Aspen Redesignation the proposal to approve the SIP revision 47088). Additional revisions consisting Request and Maintenance Plan Meet the if adverse comments are filed. This rule of further updating of the technical and CAA Requirements? will be effective July 14, 2003, without administrative information, adopting further notice unless the Agency i. Attainment of the PM10 NAAQS emission budgets for the Aspen area, receives adverse comments by June 16, A State must demonstrate that an area and removing the voluntary no-drive 2003. If the EPA receives adverse has attained the PM NAAQS through program from consideration as part of 10 the Federal SIP were submitted by comments, EPA will publish a timely submittal of ambient air quality data Colorado on March 13, 1995, and were withdrawal in the Federal Register from an ambient air monitoring network approved by EPA on December 17, 1997 informing the public that the rule will representing maximum PM 10 (62 FR 66007). The PM SIP for Aspen not take effect. EPA will address all concentrations. The data, which must be 10 was approved as meeting the moderate public comments in a subsequent final quality assured and recorded in the PM nonattainment plan requirements rule based on the proposed rule. The Aerometric Information Retrieval 10 that were due to EPA on November 15, EPA will not institute a second System (AIRS), must show that the 1991. comment period on this action. Any average annual number of expected parties interested in commenting must exceedances for the area is less than or iii. Improvement in Air Quality Due to do so at this time. Please note that if equal to 1.0, pursuant to 40 CFR 50.6. Permanent and Enforceable Measures EPA receives adverse comment on an In making this showing, the three most amendment, paragraph, or section of Section 107(d)(3)(E)(iii) of the CAA recent years of complete air quality data provides that for an area to be this rule and if that provision may be must be used. severed from the remainder of the rule, redesignated to attainment, the Colorado operates one PM10 EPA may adopt as final those provisions Administrator must determine that the monitoring site in the Aspen PM10 improvement in air quality is due to of the rule that are not the subject of an nonattainment area. For this adverse comment. emission reductions which are redesignation request, the Colorado Air permanent and enforceable. Control II. Summary of Redesignation Request Pollution Control Division (APCD) measures in the Aspen PM10 element of and Maintenance Plan designated the Tapered Element the Colorado SIP were adopted by the Oscillating Microbalance (TEOM) Colorado Air Quality Control A. What Requirements Must Be monitor as the primary sampler for Commission in January 1993 and Followed for Redesignations to determining attainment of the PM10 November 1993, and were approved by Attainment? NAAQS in the Aspen area, beginning in EPA on September 14, 1994 (59 FR In order for a nonattainment area to be 1998. Colorado submitted ambient air 47088). The primary sources of PM10 redesignated to attainment, the quality data from the monitoring site emissions in the Aspen area are re- following conditions in section which demonstrate that the area has entrained road dust (from highways, 107(d)(3)(E) of the CAA must be met: attained the PM10 NAAQS. These air paved roads, chip sealed roads, and (i) We must determine that the area quality data were quality-assured and unpaved roads) and woodburning. The has attained the NAAQS; placed in AIRS. The 24-hour PM10 permanent and enforceable control (ii) The applicable implementation NAAQS was exceeded once in Aspen in measures that brought the Aspen area plan for the area must be fully approved 1991 and the annual PM10 NAAQS has into attainment of the NAAQS are under section 110(k) of the CAA; never been exceeded. We reviewed the explained in more detail below. (iii) We must determine that the three most recent years of data for the The City of Aspen and Pitkin County improvement in air quality is due to area (1999–2001) and determined that have adopted local ordinances that limit permanent and enforceable reductions the data is complete (i.e., data are the number of woodburning devices in in emissions resulting from available for at least 75% of the new construction in the Aspen area, and implementation of the applicable scheduled PM10 samples per quarter) the City of Aspen adopted a local implementation plan and applicable with no recorded violations of either the ordinance that requires emission Federal air pollutant control regulations 24-hour or annual PM10 NAAQS. We controls for new restaurant grills. These and other permanent and enforceable believe that Colorado has adequately woodburning and restaurant controls reductions; demonstrated, through ambient air were adopted and implemented locally (iv) We must fully approve a quality data, that the PM10 NAAQS have in the late 1980’s and early 1990’s and maintenance plan for the area as been attained in the Aspen area. included in State regulation in 1993 meeting the requirements of CAA (section III.C.4. of the State section 175A; and, ii. State Implementation Plan Approval Implementation Plan—Specific (v) The State containing such an area Those States containing initial Regulations for Nonattainment— must meet all requirements applicable moderate PM10 nonattainment areas Attainment/Maintenance Areas (Local to the area under section 110 and part were required by the 1990 amendments Areas)). The rule was approved by EPA D of the CAA. to the CAA to submit a SIP by into the SIP in 1994. Our September 4, 1992, guidance November 15, 1991, which In addition, Aspen has adopted street entitled ‘‘Procedures for Processing demonstrated attainment of the PM10 sanding controls that require the use of Requests to Redesignate Areas to NAAQS by December 31, 1994. To street sanding material containing less Attainment’’ outlines how to assess the approve a redesignation request, the SIP than ‘‘one percent fines’’ with a adequacy of redesignation requests for the area must be fully approved durability index of less than 30 percent. against the conditions listed above. under section 110(k) and must satisfy all This control strategy was adopted in The following is a brief discussion of requirements that apply to that area. 1993 and approved by EPA in 1994, and how Colorado’s redesignation request The Aspen PM10 SIP was initially is defined in detail in section III.C.1. of and maintenance plan meet the submitted by Colorado on January 15, the ‘‘State Implementation Plan—
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Specific Regulations for and approved by EPA in 1994 and have prompt correction of any violation of Nonattainment—Attainment/ been completed. the NAAQS. (See sections 175A(b) and Maintenance Areas (Local Areas).’’ In addition to the State and local (d).) Our September 4, 1992, guidance In addition, Aspen has adopted street control measures, the Federal Motor outlines 5 core elements that are sweeping control requirements for any Vehicle Emission Control Program has necessary to ensure maintenance of the user of street sanding materials on reduced PM10 emissions in Aspen as relevant NAAQS in an area seeking defined roadways in the Aspen older, higher emitting diesel vehicles redesignation from nonattainment to attainment/maintenance area. Street are replaced with newer vehicles that attainment. Those elements, as well as cleaning using broom sweepers or any meet tighter emission standards. guidelines for subsequent maintenance other sweepers with equal efficiency Overall, despite growth in the Aspen plan revisions, are as follows: must be performed within four days of nonattainment area (e.g., in population, a. Attainment Inventory the roadways becoming free and clear of employment and vehicle miles snow and ice following each sanding traveled), attainment of the PM10 The maintenance plan should include deployment. These requirements are NAAQS has been demonstrated. We an attainment emission inventory to defined in detail in section III.C.2. of the have evaluated the various control identify the level of emissions in the ‘‘State Implementation Plan—Specific measures, in addition to the 1997 area which is sufficient to attain the Regulations for Nonattainment— attainment year emission inventory and NAAQS. An emission inventory for Attainment/Maintenance Areas (Local the projected emissions described Aspen was developed for the attainment Areas).’’ below, and have concluded that the year 1997 as well as a projection Aspen also has paid parking continued attainment of the PM10 inventory for the year 2015. The requirements that were adopted in 1993 NAAQS in the Aspen area has resulted emission inventory incorporates the and approved by EPA in 1994 and will from emission reductions that are emission estimates for woodburning, remain as part of the federal SIP. permanent and enforceable. arterial and local street re-entrained Parking on public streets within the City emissions, gravel road emissions, of Aspen’s commercial core and iv. Fully Approved Maintenance Plan restaurant exhaust emissions, and surrounding residential areas is Under Section 175A of the CAA mobile exhaust emissions that are restricted through parking fees and Section 107(d)(3)(E) of the CAA contained in the nonattainment area SIP permits to reduce traffic and encourage requires that, for a nonattainment area Element that was approved by EPA on transit ridership. This requirement is to be redesignated to attainment, we September 22, 1994. The emission defined in detail in section III.C.3. of the must fully approve a maintenance plan inventory reflects 1997 emissions for ‘‘State Implementation Plan—Specific which meets the requirements of section airport emissions based on information Regulations for Nonattainment— 175A of the CAA. The plan must provided by the Federal Aviation Attainment/Maintenance Areas (Local demonstrate continued attainment of Administration (FAA) and highway re- Areas).’’ the relevant NAAQS in the area for at entrained road dust emissions using the In addition, the City of Aspen least 10 years after our approval of the latest traffic counts from the Colorado implemented local transit measures redesignation. Eight years after our Department of Transportation (CDOT). such as expansion of the bus fleet by 14 approval of a redesignation, Colorado There are no stationary sources in the buses, establishment of a 400 space Park must submit a revised maintenance plan attainment/maintenance area. Summary ‘n Ride lot and a 250 space intercept demonstrating attainment for the 10 emission figures from the 1997 parking lot, and establishment of cross- years following the initial 10 year attainment year and the 2015 projected town and intercept lot shuttle services. period. The maintenance plan must also year are provided in Tables 1, 2 and 3 These measures were adopted in 1993 contain a contingency plan to ensure below.
TABLE 1.—1997 AND 2015 PM10 TOTAL EMISSION INVENTORY FOR ROAD DUST ACTIVITY IN POUNDS PER WINTER DAY FOR ASPEN/PITKIN COUNTY
Paved roads Highway 82 Gravel roads Arterial Local
1997 ...... 7540 1468 1000 79 2015 ...... 12109 2358 1606 127 * 1997 emissions from Highway 82, paved arterial roads, paved local roads, and gravel roads were increased by 60.6% based on long-term traffic projections from CDOT (58%) through 2015 and adding some additional VMT (1.65%) in the year 2015 to account for eliminating from the federally-approved plan some transit and parking measures.
TABLE 2.—1997 AND 2015 PM10 TOTAL EMISSION INVENTORY FOR RESTAURANT, MOBILE SOURCE, AND AIRCRAFT ACTIVITY IN POUNDS PER WINTER DAY FOR ASPEN/PITKIN COUNTY
Vehicle exhaust Aircraft Restaurants
1997 ...... 44 28 27 2015 ...... 44 44 36 * 1997 emissions from restaurants were increased by 33.1% based on Pitkin County population projections to determine 2015 emissions. ** Aircraft emissions are based on FAA activity projections. *** 1997 emissions from vehicle exhaust are assumed to remain constant through 2015.
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TABLE 3.—1997 AND 2015 PM10 TOTAL EMISSION INVENTORY FOR WOOD STOVES/INSERTS AND FIREPLACES IN POUNDS PER WINTER DAY FOR ASPEN/PITKIN COUNTY
Wood stoves/ inserts Fireplaces
1997 ...... 84 233 2015 ...... 112 233 * 1997 emissions from wood stoves/inserts were increased by 33.1% based on Pitkin County population projections to determine 2015 emis- sions. ** Fireplace emissions were held at 1997 levels due to a city/county cap on new fireplace construction.
More detailed descriptions of the samples), the third highest maintenance of the 24-hour PM10 1997 attainment year inventory and the concentration measured during that NAAQS in this area through the year 2015 projected inventory are period is used as the design value. 2015, it is reasonable and adequate to documented in the maintenance plan in Because the third highest concentration assume that protection of the 24-hour chapter 3, section B and in the Colorado measured during that period occurred standard will be sufficient to protect the technical support documentation. outside of the traditional late winter/ annual standard as well. Thus, EPA Colorado’s submittal contains detailed early spring high pollution season, the believes Colorado has adequately emission inventory information that was second highest concentration of 89 µg/ demonstrated that the Aspen area will 3 prepared in accordance with EPA m was selected as the design value for maintain the PM10 NAAQS for at least emission inventory guidance.1 this redesignation request and the next ten years. Following our review, we have maintenance plan. Colorado prepared a determined that Colorado prepared an maintenance inventory for the year 2015 i. Control Strategy adequate attainment inventory for the and rolled forward the design day According to the Calcagni area. concentration based on the changes that memorandum, any assumptions occurred in the emission inventory from concerning emission rates must reflect b. Maintenance Demonstration the attainment year to the maintenance permanent, enforceable measures. A A State may generally demonstrate year. Based on this process, the Aspen State can’t take credit in the maintenance of the NAAQS by either 2015 maintenance concentration is 130 maintenance demonstration for showing that future emissions of a µg/m3. Since these 2015 projections for reductions unless there are regulations pollutant or its precursors will not Aspen are below the 24-hour PM10 in place requiring those reductions or exceed the level of the attainment NAAQS of 150 µg/m3, maintenance is the reductions are otherwise shown to inventory, or by modeling to show that demonstrated. be permanent. States are expected to the future mix of sources and emission Although EPA would normally insist maintain implemented control strategies rates will not cause a violation of the on some interim year projections despite redesignation to attainment, NAAQS. Colorado chose the modeling between the attainment year and 2015, unless such measures are shown to be approach for the Aspen area. we have no reason to believe that total unnecessary for maintenance or are The maintenance demonstration for emissions will be greater than the 2015 replaced with measures that achieve the Aspen area uses the chemical mass projections in any of the interim years. equivalent reductions. In preparing the balance (CMB) roll-forward Colorado applied simple, Aspen PM10 maintenance plan, methodology, which is the same level of environmentally conservative, growth Colorado has chosen to retain the street modeling used in the original rates to all source categories. Thus, total sand specifications, street sweeping attainment demonstration for the emissions in all years before 2015 requirements, paid parking provisions, moderate PM10 SIP for this area. The should be less than 2015 total emissions and woodburning and restaurant CMB receptor model data are used to and no interim year projections are emissions requirements previously identify the sources of emissions that required. included in the SIP, with some minor influence PM concentrations in the 10 Since no violations of the annual revisions which are explained in more area. Colorado used the attainment PM10 NAAQS have ever occurred in detail below. inventories to further refine the CMB Aspen and since the maintenance Colorado is making minor revisions to source identification and then apportion demonstration clearly shows the materials applicability section the design day concentration. The (III.C.1.a and III.C.2.a, ‘‘Applicability’’) design day concentration was the highest design value for developing the of the street sanding and street sweeping determined using EPA’s ‘‘Table look- maintenance plan, and the higher the design value, requirements (contained in the State up’’ method. Based on the number of the higher the predicted concentration in the Implementation Plan—Specific samples collected during a three year maintenance year. In other words, the State’s approach was conservative. Use of TEOM data Regulations for Nonattainment— period from 1996–1998 2 (1005 alone would have resulted in a lower design value, Attainment/Maintenance Areas (Local and thus, a lower predicted concentration in the Areas). These minor revisions delete 1 EPA’s current guidance on the preparation of maintenance year. Although the TEOM monitor 3 PM10 emission inventories includes, ‘‘PM10 recorded a value of 109 µg/m in 1999—a higher language specific to salt and de-icing Emission Inventory Requirements,’’ September value than the three highest Hi-vol values in 1996– material making the language consistent 1994, ‘‘Emission Inventory Improvement Program 1998—the use of the 1999 TEOM data would not with the SIP’s federally approved Technical Report Series, Volumes I–VII,’’ July 1997 have altered the design value. This is because the and September 1999, ‘‘Revised 1999 National high three values from both monitors would have definition of ‘‘Street Sanding Materials’’ Emission Inventory Preparation Plan,’’ February fallen within the high pollution season, and the 3rd which excludes salt and other de-icing 2001. high—89 µg/m3—would’ve been the appropriate chemicals. Since these changes do not 2 Colorado used years 1996–1998 instead of 1998– design value. Colorado used the TEOM monitoring change the enforceability of the street 2000 to develop the design value because there method for data collected from 1998–2000 to were data completeness issues with their Hi-vol demonstrate attainment because to demonstrate sanding or street sweeping control data in 1999 and 2000. Using the Hi-vol data from attainment, the latest 3 years of data must be used, measures and make the language 1996–1998 to calculate the design value resulted in and the TEOM is an equivalent monitoring method. consistent with the SIP’s federally
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approved definition, we are approving that were assigned to these measures in c. Monitoring Network the changes. the 1994 nonattainment SIP Element Once a nonattainment area has been Colorado also submitted revisions to were used to determine VMT increases redesignated to attainment, the State their SIP—Specific Regulations that in 2015 for all roads in order to account must continue to operate an appropriate change the reporting requirements for for the potential for emissions increases air quality monitoring network, in street sanding materials, street due to the elimination of these accordance with 40 CFR part 58, to sweeping, and the implementation measures. In accordance with section verify the attainment status of the area. section for local control strategies in 175A(d) of the CAA, these transit The maintenance plan should contain Aspen to recordkeeping requirements control measures are being retained as provisions for continued operation of air only and delete the reporting possible contingency measures that quality monitors that will provide such requirements for Division Audit could be re-implemented should the verification. Colorado operates one PM Authority and for paid parking. These Aspen area violate the PM NAAQS 10 10 monitoring site in the Aspen area. We changes require users to retain records requirements. for 2 years. Users are no longer required Colorado is also eliminating a approve this site annually, and any to submit monthly and annual reports to voluntary woodburning curtailment future change would require discussion the State. Since these changes in program. The voluntary woodburning with, and approval from, us. In their reporting requirements do not change curtailment program was not November 9, 2001, submittal, Colorado the enforceability of the street sanding implemented because forecasts of high committed to continue to operate this control measure, street sweeping control pollution events were never issued by PM10 monitoring station in Aspen, in measure, paid parking control measure, the Air Pollution Control Division due accordance with 40 CFR part 58. Detailed information regarding the or the implementation of local control to low PM10 levels. However, the strategies in Aspen, we are approving program is being retained as a potential State’s monitoring efforts and historical the changes. contingency measure to bring the Aspen monitoring data can be found in chapter Colorado also submitted revisions to area back into compliance with the 2 of the ‘‘PM10 Redesignation Request and Maintenance Plan for the Aspen section III.C.4 of the SIP—Specific PM10 NAAQS should a violation occur. Regulations. The City of Aspen and Colorado is also eliminating the Area.’’ Pitkin County adopted local ordinances President’s Day event strategies program d. Verification of Continued Attainment in the late 1980’s and early 1990’s that of maximized sweeping and driving limit the number of woodburning reduction efforts, which were adopted A State’s maintenance plan submittal devices in new construction in the in 1993. These programs did not receive should indicate how it will track the Aspen area. These ordinances were emission reduction credits and were progress of the maintenance plan. This included in State regulations in 1993 sporadically implemented. is necessary due to the fact that (section III.C.4 of the State Although there are no stationary emission projections made for the Implementation Plan—Specific sources located in the Aspen maintenance demonstration depend on Regulations for Nonattainment— attainment/maintenance area, the State’s assumptions of point and area source Attainment/Maintenance Areas (Local comprehensive permit rules will limit growth. Colorado commits to operate Areas)). EPA approved section III.C.4 in emissions from any new source that the Aspen PM10 monitoring network 1994. Colorado’s changes to section may, in the future, locate in the area. and analyze the PM10 concentrations in III.C.4 allow the City and the County to These rules include: (1) Regulation No. accordance with 40 CFR part 58 to revise the ordinances to allow greater 3, ‘‘Air Pollution Emission Notices, verify continued maintenance of the use of natural gas devices. Since the use Construction Permits and Fees, PM10 NAAQS. In addition, Colorado of such devices will not increase Operating Permits, and Including the commits to track the progress of the primary PM10 emissions, we are Prevention of Significant Deterioration,’’ Aspen maintenance plan through a approving the changes. (2) the ‘‘Common Provisions’’ periodic review (every three years) of In addition to the revised control regulation, and (3) Regulation No. 6, the assumptions made in the emissions measures, there are also certain control ‘‘Standards for Performance for New inventories to verify continued measures which are being removed from Stationary Sources.’’ The Common maintenance of the PM10 NAAQS in the the control strategy with this Provisions, and Part A and B of Aspen area. EPA relies on these maintenance plan. This is acceptable Regulation No. 3 are already included in commitments in approving the Aspen under the Calcagni Memorandum as the approved SIP. Regulation No. 6 maintenance plan. long as the area can still demonstrate implements the federal standards of e. Contingency Plan maintenance of the PM10 standard in its performance for new stationary sources. projections. Through this redesignation, This reference to Regulation No. 6 shall Section 175A(d) of the CAA requires Colorado is requesting removal of not be construed to mean that this that a maintenance plan also include specific control measures that were regulation is included in the SIP. Once contingency provisions, as necessary, to previously approved in the Aspen PM10 this redesignation request and promptly correct any violation of the SIP. The control measures being maintenance plan is approved by the NAAQS that occurs after redesignation removed are expansion of the bus fleet EPA, the prevention of significant of the area. For the purposes of section by 14 buses, establishment of a 400 deterioration (PSD) permitting 175A, a State is not required to have space Park’n Ride lot and a 250 space requirements become effective. fully adopted contingency measures that intercept parking lot, establishment of In addition to the State and local will take effect without further action by intercept lot and crosstown shuttle control measures mentioned above, the the State in order for the maintenance services, and establishment of a bus Federal Motor Vehicle Emission Control plan to be approved. However, the priority lane (which was removed from Program remains in effect and will contingency plan is an enforceable part service shortly after implementation continue to reduce PM10 emissions in of the SIP and should ensure that because of the severe traffic congestion Aspen as older, higher-emitting diesel contingency measures are adopted that resulted from converting a driving vehicles are replaced with newer expeditiously when a violation of the lane into the bus lane). The vehicle vehicles that meet tighter emission NAAQS has occurred in a redesignated miles traveled (VMT) reduction credits standards. area. The plan should clearly identify
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the measures to be adopted, a schedule measures designed to reduce vehicle b. Part D Requirements and procedure for adoption and miles traveled; re-implementing the Before a PM10 nonattainment area implementation, and a specific time following measures (but only if they are may be redesignated to attainment, the limit for action by the State. The State not being implemented at the time the State must have fulfilled the applicable should also identify the specific contingency measures are triggered): requirements of part D. Subpart 1 of part indicators, or triggers, which will be expansion of the bus fleet by 14 buses, D establishes the general requirements used to determine when the establishment of 400 Park ‘n Ride lot applicable to all nonattainment areas, contingency plan will be implemented. spaces and a 250 space intercept subpart 4 of part D establishes specific Chapter 3, section H, contains the parking lot, and establishment of requirements applicable to PM Aspen PM contingency plan. 10 10 intercept lot and cross-town shuttle nonattainment areas. Exceedances trigger one level of services; or other measures as deemed The requirements of sections 172(c) response and violations trigger another. appropriate, considering various factors. and 189(a) regarding attainment of the If there’s an exceedance, APCD and PM NAAQS, and the requirements of local government staff will develop f. Subsequent Maintenance Plan 10 section 172(c) regarding reasonable appropriate contingency measures Revisions further progress, imposition of intended to prevent or correct a Reasonably Available Control Measures violation of the PM standard. APCD In accordance with section 175A(b) of 10 (RACM), the adoption of contingency and local government staff will consider the CAA, the State of Colorado is measures, and the submission of an relevant information, including required to submit a revision to the emission inventory, have been satisfied information about historical maintenance plan eight years after the through our September 14, 1994 (59 FR exceedances, meteorological data, the redesignation of the Aspen area to 47088), and December 17, 1997 (62 FR most recent estimates of growth and attainment for PM10. This revision is to 66007), approvals of the Aspen PM emissions, and whether the exceedance provide for maintenance of the NAAQS 10 SIP. might be attributed to an exceptional for an additional 10 years following the Although EPA’s regulations (see 40 event. The maintenance plan indicates first ten year period. Colorado commits, CFR 51.396) require that States adopt that the State will generally notify EPA in the Aspen redesignation request, to transportation conformity provisions in and local governments in the Aspen submit a revised maintenance plan to their SIPs for areas designated area within 30 days of the exceedance, EPA eight years after the approval of the nonattainment or subject to an EPA- but in no event later than 45 days. The redesignation request and maintenance approved maintenance plan, we have process for exceedances will be plan. decided that a transportation conformity completed within six months of the v. Meeting Applicable Requirements of SIP is not an applicable requirement for exceedance notification. Section 110 and Part D of the CAA purposes of evaluating a redesignation If a violation of the PM10 NAAQS has occurred, a public hearing process at the request under section 107(d) of the In order for an area to be redesignated CAA. This decision is reflected in EPA’s State and local level will begin. If the to attainment, section 107(d)(3)(E) Air Quality Control Commission 1996 approval of the Boston carbon requires that it must have met all monoxide redesignation. (See 61 FR (AQCC) agrees that the implementation applicable requirements of section 110 of local measures will prevent further 2918, January 30, 1996.) and part D of the CAA. We interpret this Although there are no stationary exceedances or violations, the AQCC to mean that, for a redesignation request sources currently located in the Aspen may endorse or approve of the local to be approved, the State must have met attainment/maintenance area, once the measures without adopting State all requirements that applied to the Aspen area is redesignated to requirements. If, however, the AQCC subject area prior to, or at the time of, attainment, the prevention of significant finds locally adopted contingency submitting a complete redesignation deterioration (PSD) requirements of part measures to be inadequate, the AQCC request. In our evaluation of a C of the CAA will apply. Colorado’s will adopt State enforceable measures as redesignation request, we don’t need to PSD regulations, which we have deemed necessary to prevent additional consider other requirements of the CAA previously approved as meeting all exceedances or violations. Contingency that became due after the date of the applicable Federal requirements (See 51 measures will be adopted and fully submission of a complete redesignation FR 31125, September 2, 1986), apply to implemented within one year of the request. any area designated as unclassifiable or PM NAAQS violation. Any State- 10 attainment and, thus, will become fully enforceable measures will become part a. Section 110 Requirements effective in the Aspen area upon of the next revised maintenance plan, redesignation of the area to attainment. submitted to us for approval. Section 110(a)(2) contains general The maintenance plan specifies the requirements for nonattainment plans. c. Have the Transportation Conformity following as potential contingency These requirements were met for Aspen Requirements Been Met? measures for the Aspen area: Increased with Colorado’s January 15, 1992, Transportation conformity is required street sweeping; road paving submittal and revisions submitted on by section 176(c) of the CAA. Our requirements; more stringent street sand March 17, 1993, and December 9, 1993. conformity rule requires that specifications; voluntary or mandatory EPA fully approved the Aspen PM10 SIP transportation plans, programs and woodburning curtailment or bans on all on September 14, 1994 (59 FR 47088). projects conform to SIPs and that woodburning; expanded mandatory use Additional revisions were submitted by transportation activities will not of alternative de-icers; re-establishing the State on March 13, 1995, and were produce new air quality violations, nonattainment new source review approved by EPA on December 17, 1997 worsen existing violations, or delay permitting requirements for stationary (62 FR 66007). timely attainment of the NAAQS. On sources; 3 transportation control March 2, 1999, the United States Court requirements will apply to the area after the 3 The maintenance plan refers to ‘‘Re-establishing effective date of this action, we interpret the of Appeals for the District of Columbia new source review permitting requirements for maintenance plan’s reference to mean Circuit issued a decision in stastionary soruces.’’ Given that PSD permitting ‘‘nonattainment new source review.’’ Environmental Defense Fund v. the
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Environmental Protection Agency, No. after reasonable notice and public redesignate the Aspen moderate PM10 97–1637, that we must make an hearing. nonattainment area to attainment (for affirmative determination that the Colorado held a public hearing for the the 1987 PM10 NAAQS) and submitted submitted motor vehicle emission proposed rule changes on January 11, a maintenance plan for the area. budgets contained in State 2001. The rulemaking was adopted by IV. Consideration of CAA Section 110(l) Implementation Plans (SIPs) are the Air Pollution Control Division adequate before they are used to (APCD) directly after the January 11, Section 110(l) of the CAA states that determine the conformity of 2001, hearing and was formally a SIP revision cannot be approved if the Transportation Plans or Transportation submitted to EPA by the Governor on revision would interfere with any Improvement Programs. In response to November 9, 2001. We have evaluated applicable requirement concerning the court decision, we make any the Governor’s submittal and have attainment and reasonable further submitted SIP revision containing an determined that Colorado met the progress towards attainment of a emission budget available for public requirements for reasonable notice and NAAQS or any other applicable comment and respond to these public hearing under section 110(a)(2) requirement of the CAA. As stated comments before announcing our of the CAA. above, the Aspen area has shown continuous attainment of the PM adequacy determination. The criteria III. Background 10 and process by which we determine NAAQS and has met the applicable whether a SIP’s motor vehicle emission To implement our 1987 revisions to Federal requirements for redesignation budgets are adequate for conformity the PM10 NAAQS, on August 7, 1987 (52 to attainment. The maintenance plan purposes are outlined in 40 CFR FR 29383), we categorized areas of the and associated SIP revisions will not 93.118(e)(4) and in the guidance nation into three groups based on the interfere with attainment, reasonable ‘‘Conformity Guidance on likelihood that protection of the PM10 further progress, or any other applicable NAAQS would require revisions of the Implementation of March 2, 1999, requirement of the CAA. existing SIP. We identified Aspen as a Conformity Court Decision,’’ dated May PM ‘‘Group I’’ area of concern, i.e., V. Statutory and Executive Order 14, 1999. 10 areas with a strong likelihood of Reviews In the Aspen maintenance plan, violating the PM10 NAAQS and Under Executive Order 12866 (58 FR Colorado established a new mobile requiring a substantial SIP revision. The 51735, October 4, 1993), this action is source emissions budget of 16,244 lbs./ Aspen area was among several Group I not a ‘‘significant regulatory action’’ and day for the year 2015 and beyond. This PM10 areas, all of which were therefore is not subject to review by the budget is the total of the 2015 mobile designated and classified as moderate Office of Management and Budget. For source PM10 emissions and includes PM10 nonattainment areas by operation this reason, this action is also not emissions from vehicle exhaust, of law upon enactment of the Clean Air subject to Executive Order 13211, highways, paved arterial and local Act Amendments of 1990 (November ‘‘Actions Concerning Regulations That roads, and gravel roads. EPA’s approval 15, 1990). See 56 FR 56694 at 56705– Significantly Affect Energy Supply, of 16,244 lbs./day as the budget means 706 (November 6, 1991). Distribution, or Use’’ (66 FR 28355, May that this value must be used for By November 15, 1991, States 22, 2001). This action merely approves conformity determinations for 2015 and containing initial moderate PM10 State law as meeting Federal beyond. nonattainment areas were required to requirements and imposes no additional EPA sent a letter to the Colorado Air submit most elements of their PM10 requirements beyond those imposed by Pollution Control Division (APCD) on SIPs. (See sections 172(c), 188, and 189 State law. Accordingly, the May 16, 2002 stating that the motor of the CAA.) Some provisions, such as Administrator certifies that this rule vehicle emissions budget in the PM10 contingency measures required by will not have a significant economic submitted Aspen PM10 maintenance section 172(c)(9) of the CAA and impact on a substantial number of small plan is adequate. This finding has also nonattainment new source review (NSR) entities under the Regulatory Flexibility been announced on EPA’s conformity provisions, were due at later dates. In Act (5 U.S.C. 601 et seq.). Because this Web site: http://www.epa.gov/oms/ order for a nonattainment area to be rule approves pre-existing requirements transp/conform/adequacy.htm. We redesignated to attainment, the above under State law and does not impose documented our adequacy mentioned conditions in section any additional enforceable duty beyond determination for Aspen in the Federal 107(d)(3)(E) of the CAA must be met. that required by State law, it does not Register on August 20, 2002 (67 FR We fully approved the PM10 SIP for contain any unfunded mandate or 53925). The budgets took effect on Aspen on September 14, 1994 (59 FR significantly or uniquely affect small September 4, 2002 (15 days after our 47088). governments, as described in the announcement in the Federal Register). EPA promulgated new standards for Unfunded Mandates Reform Act of 1995 PM on September 18, 1997. Areas d. Did Colorado Follow the Proper 10 (Pub. L. 104–4). were to be designated under the new This rule also does not have tribal Procedures for Adopting This Action? PM10 standard by July 2000. On May 14, implications because it will not have a The CAA requires States to observe 1999, the United States Court of substantial direct effect on one or more certain procedural requirements in Appeals for the DC Circuit in American Indian tribes, on the relationship developing implementation plans and Trucking Associations, Inc., et al. v. between the Federal government and plan revisions for submission. Section United States Environmental Protection Indian tribes, or on the distribution of 110(a)(2) of the CAA provides that each Agency vacated the 1997 PM10 standard. power and responsibilities between the implementation plan submitted by a Because of the Court ruling, we are Federal government and Indian tribes, State must be adopted after reasonable continuing to implement the pre- as specified by Executive Order 13175 notice and public hearing. Section existing PM10 standard, and are (65 FR 67249, November 9, 2000). This 110(l) of the CAA similarly provides therefore approving redesignations to action also does not have federalism that each revision to an implementation qualified PM10 nonattainment areas. On implications because it does not have plan submitted by a State under the November 9, 2001, the Governor of substantial direct effects on the States, CAA must be adopted by such State Colorado submitted a request to on the relationship between the national
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government and the States, or on the the Federal Register. A major rule (97) On November 9, 2001, the State distribution of power and cannot take effect until 60 days after it of Colorado submitted a maintenance responsibilities among the various is published in the Federal Register. plan for the Aspen PM10 nonattainment levels of government, as specified in This action is not a ‘‘major rule’’ as area and requested that this area be Executive Order 13132 (64 FR 43255, defined by 5 U.S.C. 804(2). redesignated to attainment for the PM10 August 10, 1999). This action merely Under section 307(b)(1) of the Clean National Ambient Air Quality approves a State rule implementing a Air Act, petitions for judicial review of Standards. The redesignation request Federal standard, and does not alter the this action must be filed in the United and maintenance plan satisfy all relationship or the distribution of power States Court of Appeals for the applicable requirements of the Clean Air and responsibilities established in the appropriate circuit by July 14, 2003. Act. Clean Air Act. This rule also is not Filing a petition for reconsideration by (i) Incorporation by reference. subject to Executive Order 13045 the Administrator of this final rule does (A) Colorado Air Pollution Control ‘‘Protection of Children from not affect the finality of this rule for the Division, ‘‘State Implementation Plan— Environmental Health Risks and Safety purposes of judicial review nor does it Specific Regulations for Risks’’ (62 FR 19885, April 23, 1997), extend the time within which a petition Nonattainment—Attainment/ because it is not economically for judicial review may be filed, and Maintenance Areas (Local Areas),’’ 5 significant. shall not postpone the effectiveness of CCR 1001–20, revisions adopted January In reviewing SIP submissions, EPA’s such rule or action. This action may not 11, 2001, effective February 28, 2001 as role is to approve State choices, be challenged later in proceedings to follows: Section III, which is titled provided that they meet the criteria of enforce its requirements. (See section ‘‘Aspen/Pitkin County PM10 the Clean Air Act. In this context, in the 307(b)(2).) Attainment/Maintenance Area,’’ and absence of a prior existing requirement which supersedes and replaces all prior for the State to use voluntary consensus List of Subjects versions of Section III. standards (VCS), EPA has no authority 40 CFR Part 52 ■ 3. Section 52.332 is amended by to disapprove a SIP submission for adding paragraph (m) to read as follows: failure to use VCS. It would thus be Environmental protection, Air inconsistent with applicable law for pollution control, Incorporation by § 52.332 Control strategy: Particulate EPA, when it reviews a SIP submission, reference, Intergovernmental relations, matter. to use VCS in place of a SIP submission Particulate Matter, Reporting and * * * * * that otherwise satisfies the provisions of recordkeeping requirements. the Clean Air Act. Thus, the 40 CFR Part 81 (m) On November 9, 2001, the State requirements of section 12(d) of the of Colorado submitted a maintenance Air pollution control. National Technology Transfer and plan for the Aspen PM10 nonattainment Advancement Act of 1995 (15 U.S.C. Dated: April 18, 2003. area and requested that this area be 272 note) do not apply. This rule does Robert E. Roberts, redesignated to attainment for the PM10 not impose an information collection Regional Administrator, Region 8. National Ambient Air Quality burden under the provisions of the Standards. The redesignation request ■ 40 CFR parts 52 and 81, chapter I, title Paperwork Reduction Act of 1995 (44 and maintenance plan satisfy all 40 are amended as follows: U.S.C. 3501 et seq.). applicable requirements of the Clean Air The Congressional Review Act, 5 PART 52—[AMENDED] Act. U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement ■ 1. The authority citation for part 52 PART 81—[AMENDED] Fairness Act of 1996, generally provides continues to read as follows: ■ 1. The authority citation for part 81 that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. agency promulgating the rule must continues to read as follows: submit a rule report, which includes a Subpart G—Colorado Authority: 42 U.S.C. 7401 et seq. copy of the rule, to each House of the ■ 2. In section 81.306, the table entitled Congress and to the Comptroller General ■ 2. Section 52.320 is amended by ‘‘Colorado-PM–10’’ is amended by of the United States. EPA will submit a adding paragraph (c)(97) to read as revising the entries under Pitkin County report containing this rule and other follows: for the ‘‘Aspen/Pitkin County Area’’ to required information to the U.S. Senate, read as follows: the U.S. House of Representatives, and § 52.320 Identification of plan. the Comptroller General of the United * * * * * § 81.306 Colorado. States prior to publication of the rule in (c) * * * * * * * *
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COLORADO—PM–10
Designation Classification Designated area Date Type Date Type
******* Pitkin County: Aspen/Pitkin County Area—The area encompassed by the following Parcel ID 7/14/03 Attainment. numbers, as defined by the Pitkin County Planning Department: 2337–29, 2737–28, 2737–21, 2737–20, 2737–19, 2737–18, 2737–17, 2737–08, 2737–07, 2737–06, 2735–22, 2735–15, 2735–14, 2735–13, 2735–12, 2735–11, 2735–10, 2735–03, 2735–02, 2735–01, 2641–31, 2643–36, 2643–35, 2643–34, 2643–27, 2643–26.
*******
* * * * * Street, SW., Room CY–-A257, Portals II, existing relaxed reservation criteria, [FR Doc. 03–12026 Filed 5–14–03; 8:45 am] Washington, DC 20554, and may also be which enable would-be applicants for BILLING CODE 6560–50–P purchased from the Commission’s copy NCE stations in the full-power FM and contractor, Qualex International, Room TV services to add to the number of CY—B402, telephone (202) 863–2893, or channels reserved for their use when FEDERAL COMMUNICATIONS via e-mail [email protected]. This they demonstrate that they are COMMISSION document is also available to persons technically precluded from using an with disabilities requiring accessible already-reserved channel, and they will 47 CFR Parts 73 and 74 formats (electronic ASCII text, Braille, provide needed NCE service in a given large print, and audiocassette) by area. Interested parties may use these [MM Docket No. 95–31; FCC 03–44] contacting Brian Millin at (202) 418– criteria to reserve channels in future RIN 3060–AH96 7426 (voice), (202) 418–7365 (TTY), or allocation proceedings, as well as to by sending an e-mail to [email protected]. reserve channels already in the Table of Reexamination of the Comparative Allotments for which the Commission Standard for Noncommercial Synopsis of Second Report and Order initiated an allocation proceeding prior Educational Applicants; Association of I. Introduction to the August 7, 2000 effective date of America’s Public Television Stations’ the relaxed reservation standards, and Motion for Stay of Low Power 1. In this 2R&O, we establish new for which the Commission has never Television Auction (No. 81) policies for licensing spectrum that the accepted applications. Interested parties Commission has not reserved for the may not use these criteria to reserve AGENCY: Federal Communications exclusive use of broadcast stations that channels already in the Table for which Commission. provide or intend to provide the Commission initiated an allocation ACTION: Final rule. noncommercial educational (‘‘NCE’’) rulemaking after August 7, 2000, or service. In developing our new policies SUMMARY: In this document the channels for which the Commission has and procedures, we are constrained by already accepted applications. Commission modifies its rules and a number of court decisions, procedures for allocating and licensing regulations, and statutory provisions II. Background ‘‘non-reserved’’ broadcast spectrum that, taken together, limit our options. 2. The Commission licenses NCE where conflicting uses are proposed by We have come to the following stations on channels reserved for their commercial and noncommercial conclusions. First, those stations that a exclusive use and also on other educational broadcast stations. The nonprofit educational organization broadcast spectrum. In the FM service, Commission received several comments shows will be used to advance an the Commission has reserved twenty in how to resolve solutions. These educational program are eligible to be specific channels out of a total of one methods were established to select licensed as NCE radio or television hundred channels, exclusively for full- among competing noncommercial and stations and thus are exempt from power FM and FM translator use by commercial applicants. auction. Nonprofit educational NCE stations. In the television service, DATES: Effective June 16, 2003. organizations that do not make such a the Commission has reserved a similar FOR FURTHER INFORMATION CONTACT: Eric showing must compete at auction for proportion of channels, but using J. Bash (202) 418–1188 or licenses. Second, we will not hold different channels in the Table of [email protected], Peter Corea (202) 418– applicants for NCE stations ineligible to Allotments in different geographic areas 7931 or [email protected], Media Bureau, apply for non-reserved channels, and across the country. The Commission has Policy Division. instead will permit such applicants to not reserved any particular frequencies SUPPLEMENTARY INFORMATION: This is a continue to apply for this spectrum in for exclusive use in the AM service, or summary of the Media Bureau’s Second filing windows. Any applications for secondary TV services, such as low Report and Order (‘‘2R&O’’) in MM NCE stations determined to be mutually power television (LPTV) and TV Docket No. 95–31; FCC 03–44, adopted exclusive with applications for translators. March 4, 2003, and released on April commercial stations will be dismissed, 3. The Commission initiated this 10, 2003. The full text of this 2R&O is although applicants for services in proceeding in 1995 to revise the criteria available for inspection and copying which engineering solutions are it used to select among competing during regular business hours in the possible will have a prior opportunity applicants for new NCE stations. In the FCC Reference Center, 445 Twelfth for settlement. Third, we reaffirm our past, the Commission had used
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comparative criteria to resolve mutually for non-reserved spectrum at auction. In III. Discussion exclusive applications in both the order to minimize any hardship on A. Scope of Exemption for NCE Stations commercial and NCE services, although applicants for NCE stations, the From Competitive Bidding the criteria were different for reserved Commission also relaxed the criteria and non-reserved spectrum. NCE used to evaluate requests to reserve new 1. Generally applicants competing against channels. 9. Background. In the 2FNPRM, we commercial applicants for a non- sought comment on the breadth of reserved channel were evaluated using 7. The Association of Public Television Stations, the Corporation for section 309(j)(2)(C), which exempts NCE the commercial criteria. Both stations from competitive bidding. As comparative processes, however, were Public Broadcasting, National Public Radio, and the State of Oregon indicated, that section exempts the called into question in the 1990s, licenses issued ‘‘for stations described leading the Commission to revisit its challenged the Commission’s decision in court. In NPR v. FCC, 254 F.3d 226 in section 397(6) of this Act.’’ comparative criteria for applicants for Subsection (A) defines ‘‘noncommercial (DC Cir. 2001), the U.S. Court of both commercial and NCE stations. The educational broadcast station’’ by Appeals for the D.C. Circuit rejected the Commission has adopted new selection incorporation of the Commission’s criteria for NCE stations. Commission’s construction of section eligibility rules for such stations in 4. The Balanced Budget Act of 1997 309. The court held that ‘‘nothing in the effect in 1978. Subsection (B) defines as (‘‘1997 Budget Act’’) amended certain Act authorizes the Commission to hold NCE stations those that are provisions of the Communications Act auctions for licenses issued to NCEs to municipality-owned and transmit only (‘‘Act’’) germane to the Commission’s operate in the unreserved spectrum,’’ noncommercial programs for ongoing review of its licensing because section 309(j)(2) denied the processes. The 1997 Budget Act educational purposes. Commission the authority to use 10. Discussion. We conclude that the amended section 309(j) of the Act. As competitive bidding ‘‘based on the auction exemption for NCE stations revised, section 309(j)(1) states: ‘‘If nature of the station that ultimately applies to two types of broadcast * * * mutually exclusive applications receives the license, and not on the part stations: (1) AM, full-power FM, FM are accepted for any initial licenses or translator, and full-power TV stations construction permits, then, except as of the spectrum in which the station that a nonprofit educational provided in paragraph (2), the operates.’’ 254 F.3d at 229. Commission shall grant the license or 8. In order to resolve the issues raised organization shows will be used to permit to a qualified applicant through by the court’s decision, we issued a advance an educational program, and are eligible to be licensed as NCE a system of competitive bidding that Second Further Notice of Proposed stations pursuant to the Commission’s meets the requirements of this Rulemaking (2FNPRM), 67 FR 9945, subsection.’’ Section 309(j)(2) sets forth service-specific standards, in effect as of March 5, 2002. We asked for comment November 1978; and (2) stations that the limited exceptions to section on the scope of the auction exemption, 309(j)(1), including ‘‘licenses or will be used by a municipality to and offered three options, not transmit only noncommercial programs construction permits issued by the necessarily mutually exclusive, on how Commission * * * (C) for stations for educational purposes. Section to resolve the competing interests of 309(j)(2)(C) states that ‘‘(t)he described in section 397(6) of this Act.’’ applicants for commercial and NCE Section 397(6) of the Act provides the competitive bidding authority granted stations in the non-reserved spectrum. definition of NCE stations. by this paragraph shall not apply to 5. Given the different licensing First, we proposed to hold applicants licenses or construction permits issued mechanisms for NCE stations and all for NCE stations ineligible for this by the Commission * * * (C) for other stations, the Commission issued a spectrum, stating that such an approach stations described in section 397(6) of Further Notice of Proposed Rulemaking ‘‘is consistent with the statutory this Act.’’ Section 397(6), in turn, states (‘‘FNPRM’’), 63 FR 58358, October 30, language’’ and ‘‘has the advantage of that ‘‘(t)he terms ‘noncommercial 1998, in this docket and sought clarity and simplicity.’’ Second, educational broadcast station’ and comment on how to resolve conflicts recognizing that, under our first ‘public broadcast station’ mean a between commercial and NCE proposal, spectrum might lie fallow if television or radio broadcast station applicants for non-reserved spectrum. no commercial applicants applied to use which (A) under the rules and The Commission also sought comment it, we proposed to permit applicants for regulations of the Commission in effect on whether section 309 of the Act NCE stations to apply for non-reserved on the effective date of this paragraph, prohibited it from using competitive spectrum, subject to dismissal of their is eligible to be licensed by the bidding to resolve any mutually applications if they were mutually Commission as a noncommercial exclusive applications when they exclusive with those filed by educational radio or television included at least one filed by an commercial applicants. Third, given broadcast station and which is owned applicant for an NCE station, or instead that applicants for NCE stations may not and operated by a public agency or nonprofit private foundation, only when they involved competing legally participate in auctions, we also corporation, or association; or (B) is applications for reserved channels. sought comment on whether we should 6. In the Report and Order (‘‘R&O’’), owned and operated by a municipality 65 FR 36375, June 8, 2000, the further relax the criteria for would-be and which transmits only Commission concluded that ‘‘the applicants for NCE stations to reserve noncommercial programs for education exemption of NCE applicants from our additional channels in the future, and purposes.’’ Defining stations within the general mandatory auction authority whether we should permit NCE scope of section 397(6)(A) must begin does not prohibit us from auctioning applicants the opportunity to apply with the content of our eligibility rules non-reserved spectrum, even when NCE such criteria, or other criteria, to reserve as of November 2, 1978, because that is entities apply for those channels.’’ The existing or ‘‘vacant’’ allotments. We also the date section 397(6) became effective. Commission decided to require welcomed comment on other options. The substance of the eligibility rules for applicants for NCE stations to compete NCE stations has not changed since that with applicants for commercial stations time. Section 73.503(a) of the
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Commission rules set forth the current organization is licensed to operate as an stations) will not apply to lower power eligibility rule for FM stations: ‘‘A NCE station. stations. noncommercial educational FM 2. LPTV and TV Translators The same applies to TV translators, broadcast station will be licensed only because LPTV and TV translators are to a nonprofit educational organization 12. Background. We also sought virtually the same; the difference and upon showing that the station will comment on the applicability of the between the two is that LPTV licenses be used for the advancement of an auction exemption in section can originate more programming than educational program.’’ Section 73.621(a) 309(j)(2)(C) to LTPV and TV translator TV translator licensees, but licensees of the rules sets forth the current stations specifically. The Commission can switch between the two through eligibility rule for TV stations: does not now issue, and has never simple letter notification to the ‘‘(N)oncommercial educational issued, licenses for NCE stations in Commission. Although we have broadcast stations will be licensed only these services. As a result, we asked exempted LPTV and TV translator to nonprofit educational organizations whether the auction exemption extends licensees from administrative fees on upon showing that the proposed to applicants for LPTV and TV certain conditions, we do not license stations will be used primarily to serve translator licenses that could qualify as these facilities as NCE stations, with the the educational needs of the applicants for NCE stations in other result that the programming and service services. If the fact that we have not community; for the advancement of requirements for NCE stations do not licensed LPTV and TV translator educational programs; and to furnish a apply. Given that we do not license facilities as NCE stations in the past nonprofit and noncommercial television LPTV and TV translator facilities as means that applicants must compete for broadcast service.’’ Weaving together NCE stations, and did not do so as of the these license at auction, we asked effective date of section 397(6), these these various regulatory and statutory whether, and if so how, we should stations (other than those defined in provisions, in the manner the Act create an NCE LPTV and TV service. section 397(6)(B)) do not fall within the instructs, under section 397(6)(A), an Even if we took such action, we sought scope of section 309(j)(2)(C). NCE station is either an FM or TV comment on whether it would have any 14. Section 397(6)(B) defines an NCE station that is licensed to a nonprofit impact on the auctions exemption, station as one that ‘‘is owned and educational organization that shows that given that section 397(6)(A) of the Act operated by a municipality and which the station will be used to advance an defines NCE stations in terms of our transmits only noncommercial programs educational program. A TV station must eligibility rules as they existed on for education purposes.’’ This definition also show that the station will be used November 2, 1978. does not incorporate the Commission’s to furnish a nonprofit and Discussion. We conclude that no eligibility rules for NCE stations. LPTV noncommercial service that will serve licenses for LPTV and TV translator and TV translator stations that are the educational needs of its community. facilities fall within the scope of section owned and operated by municipalities The Commission has also licensed AM 397(6)(A), and that adopting new NCE and transmit only noncommercial stations that satisfy the FM station eligibility criteria for these services programming for educational purposes eligibility rules, as well as FM would not bring applicants for such are exempt from auction under section translators that rebroadcast the signals services within the scope of the auction 309(j)(2)(C). of an NCE FM station, as NCE stations, exemption. LPTV and TV translator B. Licensing of Non-Reserved Spectrum and has done so both before and since facilities, however, qualify as NCE the November 1978 effective date of stations under section 397(6)(B) of the 15. Background. In the 2FNPRM, we section 397(6). In terms of paragraph Act, if they are owned and operated by offered two different proposals for 397(6)(B), an NCE station is also any municipalities and transmit only NCE licensing noncommercial educational station that is owned and operated by a programs. This definition does not turn applicants on non-reserved spectrum. municipality and transmits only on our eligibility rules, and so As one option, we proposed to hold noncommercial programs for applicants of the latter type are exempt applicants for NCE station licenses educational purposes, regardless of the from auction. simply ineligible for non-reserved Commission’s eligibility rules. We 13. Section 397(6)(A) of the Act spectrum. As an alternative, we conclude that applicants are exempt defines the NCE stations that are exempt proposed to accept applications for both from auctions, pursuant to section from auction in terms of the commercial and NCE stations in the 309(j)(2)(C), only when they file Commission’s eligibility rules in effect non-reserved spectrum, with the latter applications for broadcast stations on November 2, 1978. We did not applications subject to dismissal if they expressly defined by sections 397(6)(A) license LPTV and TV translator facilities were mutually exclusive with the and 397(6)(B). as NCE stations as of that date. Indeed, former. We also asked whether we the Commission did not create the LPTV should amend the anti-collusion rule to 11. This construction of the governing permit mutually exclusive commercial service until 1982, and at that time legal standards for NCE stations is and NCE applicants for AM stations a expressly rejected the approach of consistent with our current practice. prior opportunity to resolve their licensing these facilities as NCE The Commission has long licensed conflicts through settlements. nonprofit educational organizations, stations. With respect to the LPTV 16. Discussion. We adopt our proposal such as universities, to provide service, the Commission stated that to allow applicants for NCE stations to commercial service on non-reserved Whether a low power applicant or licensee submit applications for non-reserved channels. When licensed to operate is noncommercial or not-for-profit is a spectrum in a filing window, subject to commercial broadcast stations, these decision properly made by the licensee on being returned as unacceptable for filing nonprofit educational organizations are the basis of applicable corporate and tax law, if there is any mutually exclusive subject to the requirements applicable to pertinent requirements of the Corporation for Public Broadcasting and perceived application for a commercial station. We all commercial stations. For example, characteristics of the market in which it also will allow applicants for AM they must pay filing fees; by contrast, proposes to operate. Section 73.621 of the stations and secondary services a prior fees are not required with respect to any Commission rules (the eligibility and opportunity to resolve their mutually station that a nonprofit educational programming rules regarding NCE TV exclusive applications through
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settlements. We prefer this approach to mutually exclusive applications from C. Allocating Spectrum that of holding applicants for NCE ‘‘discussing or negotiating settlement 20. Background. In the R&O in this stations ineligible to apply for non- agreements’’ among themselves after the proceeding, the Commission decided to reserved spectrum. These policies are short-form filing deadline. The allocate a channel as reserved if a designed to preserve opportunities for Commission, however, has carved out proponent demonstrated: For radio, that applicants for NCE broadcast stations to limited exceptions for certain applicant it is technically precluded from using a use non-reserved spectrum, consistent groups in the broadcast and reserved channel and would provide a with section 309(j), as amended, and in Instructional Fixed Television (ITFS) first or second NCE radio service to 10% a manner that will not unduly delay the services, namely those involving of the population within its 1mV/m initiation of any broadcast service to the applications for major modifications contour, and for television, that there is public. We recognize that these that are mutually exclusive with one no reserved channel available in the opportunities are limited to those another or with applications for new proponent’s community and it would situations in which commercial stations, as well as those involving provide the first or second NCE applicants do not file mutually secondary services. The Commission television service to 2000 or more exclusive applications for the spectrum, created these exceptions based in part people who constitute 10% of the and to certain services in which the on the fact that it is possible for the population within its noise limited applicants reach a settlement, but these applicants to devise engineering contour. The Commission adopted these situations can and do happen. solutions to remove the technical standards for use at the allocation stage 17. As a practical matter, and as is conflicts between their applications. currently our practice, we will begin the of the licensing process, and thus 19. As a consequence of the exception licensing process for non-reserved expressly declined to extend them to for secondary services, applicants for spectrum by opening an auctions filing existing (vacant) allotments, pending NCE stations in the LPTV and translator window. Applicants for NCE stations applications, and services such as AM services already have the opportunity to may submit applications in the window that do not use an allocations process. resolve their mutually exclusivity in the same way as commercial In the 2FNPRM, we asked whether we applications. Applicants for new AM applicants, using FCC Form 175, the should further relax the reservation stations also have the opportunity to ‘‘short-form’’ application to participate standards, and if so what the standard settle when their applications are in an auction. Applicants that seek an should be. We also asked whether we mutually exclusive with those for major NCE station license must identify should establish opportunities for themselves by checking the box labeled modifications. We believe it will serve interested parties to reserve existing ‘‘noncommercial educational,’’ which the public interest if we expand the allotments that we have not yet licensed will serve as a preliminary showing that settlement opportunity to applicants for (i.e., ‘‘vacant’’ allotments), and if so they intend to use the station to advance new AM stations that are mutually what the standards should be. an educational program and that they exclusive with one another, when at 21. Discussion. We reaffirm the meet all other Commission eligibility least one of them is an applicant for an relaxed reservation standard that the requirements for NCE stations. NCE station. Given the limited number Commission adopted in the R&O in this Applicants that do not check this box of opportunities for any new stations proceeding. We will permit the use of will be considered, as a matter of law, using AM frequencies, this expansion to these criteria to reserve channels not applicants for commercial broadcast the groups that qualify for settlement is only in future allocation proceedings, stations. Because an applicant’s self- incremental. This is buttressed by the but also in allocation proceedings that identification as ‘‘noncommercial fact that we limit the groups of AM the Commission initiated prior to its educational’’ affects its eligibility to applicants eligible to enter into adoption of the relaxed reservation hold an NCE station license and settlements to only those that include standard. We believe these policies best therefore its eligibility to participate in applicants for both commercial and NCE satisfy the public interest, and are the an auction, we will treat any applicant’s stations. We do not believe that fairest to all parties concerned. attempt to change its self-identification extending settlement opportunities to 22. Future Allocations. The as a major amendment, which is applicants for NCE stations is Commission already has reserved prohibited after the short-form particularly likely to compromise the twenty (201–220) out of a total of one application filing deadline. purpose of the anti-collusion rule, hundred FM channels for the exclusive Applications for NCE stations that are which is to enhance the competitiveness use of NCE stations, and will reserve mutually exclusive only with one of the auction process, given that these any of the remaining eighty channels another will not proceed to auction and applicants will never compete at (221–300) for NCE stations if one of instead will be resolved by the same auction for the licenses for which they three tests is satisfied. The point system selection procedures that have applied. As a result, mixed groups Commission’s original purpose in we have established for the reserved of applicants for AM stations will have reserving a band of channels was simply band. Any application for an NCE the opportunity to design engineering to ensure that NCE stations would station that is mutually exclusive with solutions or reach other settlements, develop; when establishing the FM and any application for a commercial which must conform to all requirements TV services, the Commission was broadcast station will, after any in our settlement process for broadcast concerned that commercial stations, due settlement opportunities expire, be applicants. Because we only accept to their financial advantage, would returned as unacceptable for filing. applications for non-reserved full-power make such immediate use of the 18. Anti-Collusion Rule. We adopt the FM and full-power TV channels that are spectrum for these services that none approach outlined in the 2FNPRM to already in the Table of Allotments, it is would remain available for NCE stations amend our anti-collusion rule to permit not possible for applicants that file when they were prepared to make use mutually exclusive applicants for AM mutually exclusive applications for of it. In order to ensure that NCE stations to settle, when the applicants such channels to resolve their conflicts stations could in fact make use of the include at least one for an NCE station. through engineering means; as a result, reserved band of channels, the The anti-collusion rule generally we will not extend a similar settlement Commission adopted two tests for prohibits applicants that have filed opportunity to them. reserving channels outside this band;
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the Commission will allocate a new FM population is at least 2000 persons. The would satisfy the ‘‘first or second channel as reserved if a would-be Commission will not reserve a service’’ criterion. If no acceptable applicant for an NCE station can show particular allotment if this ‘‘first or rebuttal showing is submitted, the that it cannot use another reserved second service’’ criterion is not satisfied allotment generally will be reserved. channel to provide its service without at the allotment site’s reference The staff may reject reservation causing interference to either a foreign coordinates. showings if it determines that station or a domestic TV station 25. Secondly, a reservation request technically acceptable reserved band operating on channel 6. Moreover, in must include a technical preclusion facilities can be licensed to the order ‘‘to mitigate any potential showing. The following test is designed particular community, provided that hardship that the auction process might to provide a reliable and efficient proxy such facilities meet the ‘‘first or second impose on noncommercial entities,’’ the of technical preclusion. It is not a service’’ criterion. Commission adopted a third test for conclusive test, but one that the 28. We also clarify that a reservation reserving channels outside 201–220 in Commission will treat as establishing a request, accompanied with a complete the R&O in this proceeding. Under this rebuttable presumption of technical technical preclusion showing, may be third standard, the Commission will preclusion. The showing will be based submitted as an original petition for allocate a new FM channel as reserved on a circle, centered in the proposed rulemaking or as a timely if a would-be applicant for an NCE community of license and drawn with a counterproposal. If a reservation request station can show that it is technically radius one kilometer less than the is filed as a counterproposal and precluded from using a reserved distance to the predicted 60 dBu specifies the same community as the channel, and that it will provide a first strength signal of a maximum same- initial petition, the station class and or second NCE service to 10% of the class facility. The reservation showing allotment coordinates set forth in the population within its proposed must establish that no rule-compliant initial petition would be used to protected service contour. Since the facility can be authorized at maximum determine technical preclusion. Commission further relaxed the antenna height above average terrain Conflicts between mutually exclusive standard, several parties have asked the (‘‘HAAT’’) and with maximum effective allotments for different communities Commission to allocate a particular FM radiated power (‘‘ERP’’) on any reserved when a party has made the two-part channel as reserved pursuant to the band channel at four equally-spaced reservation showing with respect to one relaxed reservation standards, and we locations on the circle, beginning with community will be resolved under have done so. 0 (zero) degrees. In addition, the established Section 307(b) precedent. 23. Our third test thus requires a reservation showing must establish that Reserved allotments will be conditioned proponent for reservation to no same-class rule-compliant facility on the construction and licensing of an demonstrate that NCE service is needed can be authorized at minimum antenna NCE station that provides the requisite in their proposed service area (by HAAT and with minimum ERP on any level of first and second NCE service. In showing that they will provide the first reserved band channel at the city center the event that all applications for a or second NCE service within some coordinates for the community of reserved band allotment fail to propose portion of their proposed service license. If these two criteria are such service, the allotment will become contour), and to show that they are satisfied, the reservation proponent has unreserved by operation of law and ‘‘technically precluded’’ from using a presumptively established that the subject to the Commission’s competitive reserved channel. NCE service is not allotment should be reserved, i.e., that a bidding licensing procedures. technically precluded if it is possible to nonreserved band FM station licensed 29. Vacant Allotments. We will specify a location at which same-class to the proposed community with the authorize entities to use the relaxed reserved band NCE facilities could be proposed class facilities is technically reservation standards that we reaffirm licensed to the proposed community in precluded from providing service on a today not only for future allocations, but compliance with NCE technical rules. A reserved band channel. also for FM channels for which we reservation proponent must satisfy two 26. In the event that an NCE station initiated an allocation proceeding before criteria: First, that class-maximum can be licensed on one or more channels the effective date of these standards, facilities at the allotment reference site at any of these five sites in compliance August 7, 2000, and for which we never would provide a new first or second with the NCE technical rules, the opened a filing window to accept NCE service to ten percent or more of reservation showing must undertake a applications. There are approximately the population in a station’s service ‘‘first or second service’’ analysis of the 450 such FM channels, including area; and second, that a same-class technically acceptable facilities at each approximately 350 that were previously reserved band facility that would acceptable site. If any analyzed facility scheduled for auction. In determining provide the requisite level of new NCE would satisfy the ‘‘first or second whether to reevaluate the status of an service is—to a reasonable degree of service’’ criterion, the allotment will not FM channel that already has been the certitude—technically precluded. be reserved. If none of the identified subject of an allocation rulemaking 24. In order to expedite new service channel/site combinations satisfy the proceeding, we believe that the public and minimize burdens to prospective ‘‘first or second service’’ criterion, then interest requires us to weigh the delay NCE applicants, we will use the the reservation proponent has in the introduction of new FM service following methodology to evaluate presumptively established that the to the public that would be associated allotment reservation requests. A allotment should be reserved. with such a review, against the public reservation showing must satisfy two 27. A reservation showing will be interest benefits of additional review, distinct criteria. First, it must establish conclusively rebutted if a party that and fairness to all interested parties. For the relative need for a new NCE service desires a non-reserved allotment can FM channels for which Commission by demonstrating that maximum class both identify a single location from initiated an allocation proceeding before facilities at the proposed allotment site which a facility with a class-permissible August 7, 2000, and for which it has no would provide a first or second NCE power/height combination can be applications on file, we believe that the service to at least ten percent of the authorized in compliance with the balance of these concerns favors further population within the proposed rules, and show, with respect to that review. On the one hand is delay, as station’s service area and that such location, that the specified facilities some commenters indicate, as well as
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unfairness to the proponents of these stations yet another opportunity to application in accordance with our channels, each of which petitioned the attempt to reserve these channels using applicable rules. This approach will end Commission to allocate the channel, and the criteria that have already been the administrative delay in processing has affirmatively expressed an interest available to them. these applications, and will result in in filing an application and competing 31. Pending Applications. Consistent licensing new broadcast facilities to for the channel at auction. On the other with our conclusion not to open these serve the public more quickly. hand, proponents of channels have no newer vacant allotments to reconsider 32. Other Allocation Issues. NPR, ‘‘finder’s preference’’ for them, and reserving the channels, we also reaffirm with the support of a few other entities that wish to use these FM the decision in then R&O in this commenters, asked us to reallocate TV channels to operate NCE stations have proceeding not to permit applicants for channel 6 for NCE radio use. A number not had meaningful opportunities to NCE stations in pending mixed groups of NCE TV licensees, however, stated acquire the licenses for them. This is a further opportunity to reserve the that this issue is outside the scope of because these entities never had channels for which they have applied. this proceeding. We agree, and decline opportunities to reserve these channels At the time of the 2FNPRM, a total of to adopt NPR’s proposal. We also using our relaxed reservation standards, forty mixed groups were pending. We conclude that Amherst Alliance’s and although we will still permit them offered these groups an opportunity to request that we expand the reserved to apply for these channels, their settle, and many took advantage of that band, and limit eligibility to the applications will be returned as soon as opportunity, with the result that expanded reserved particular types of they become mutually exclusive with approximately twenty groups remain. NCE stations, is likewise outside the those for commercial stations. Allowing The channels at issue here are altogether scope of this proceeding. entities that wish to use these FM different from the allotments discussed IV. Conclusion channels to operate NCE stations an because they have advanced to a farther opportunity to reserve them also 33. This proceeding has required us to point in our licensing process: the undertake the difficult task of deciding ensures that we will allocate them as Commission opened a filing window for reserved or non-reserved according to how to resolve the competing interests some of these channels nearly ten years of applicants for commercial and NCE whether there is a greater need for ago, already had long-form applications commercial or NCE service, as stations for non-reserved spectrum. We on file for them, and in fact had have attempted to create and maintain determined by our relaxed reservation originally scheduled to award the standards, such that the delay of service opportunities for applicants for NCE licenses by auction in 1999. As a result, stations insofar as possible, consistent occasioned by our further review of the when compared to the allotments for nature of the channel is offset by the with the applicable legal standards, and which we never opened a filing fairness toward applicants for public interest benefit of more diverse window, further review of the channels service. Thus, on balance, we believe commercial stations. Our resolution of associated with the pending these issues will now enable the that the public interest is best served by applications would cause even greater allowing interested parties an Commission to move forward quickly delay in our licensing process and the with licensing non-reserved spectrum, opportunity to reserve FM channels introduction of broadcast service, and using the standards that were not so that the ultimate licensees may also would cause greater unfairness to provide service to the public. previously available to them. As a applicants for commercial stations, result, we will direct the staff to open because all interested parties have spent V. Final Regulatory Flexibility Analysis a short window in the near future, the time and money necessary to 34. As required by the Regulatory during which interested parties may complete all of the engineering and legal Flexibility Act of 1980, as amended attempt to reserve any FM channel for components of a long-form application. (‘‘RFA’’), an Initial Regulatory which we initiated an allocation Particularly given that we have already Flexibility Analysis (‘‘IRFA’’) was rulemaking before August 7, 2000, using offered settlement opportunities to all incorporated in the 2FNPRM in this the standards that became effective that applicants in these pending cases, we docket. The Commission sought written day and that we reaffirm and clarify are not persuaded that the equities public comment on the proposals in the here. Interested parties objecting to any favoring the applicants for NCE stations 2FNPRM, including comment on the proffered reservation showing we in these pending proceedings outweigh IRFA. No comments addressed the receive may of course file opposing the delay in initiating new broadcast IRFA. This present Final Regulatory pleadings. We will release a Public service to the public as well as the Flexibility Analysis (‘‘FRFA’’) conforms Notice containing the details of our unfairness to applicants for commercial to the RFA. procedures for reserving vacant stations. As a result, we believe that it allotments in advance of the window. will serve the public interest best to Need for, and Objectives of, the Second 30. We will not allow interested return as unacceptable for filing the Report and Order parties to use the relaxed reservation pending applications for NCE stations, 35. The Commission adopts the 2R&O standards for any FM channel for which and move the process forward by to establish new policies for licensing we initiated an allocation rulemaking subjecting any remaining mutually spectrum that the Commission has not after August 7, 2000. We believe the exclusive applications to auction. This specifically reserved for the exclusive cost-benefit analysis associated with auction will be closed; we will not open use of noncommercial educational opening these rulemakings is different. a new filing window. Prior to auction, (‘‘NCE’’) broadcast stations. In the R&O The relaxed reservation standards were we will not review these applicants’ in this docket, the Commission decided available to reserve any of these long-form applications already on file, to resolve competing applications for channels. Indeed, several parties have nor will we accept amendments to these commercial and NCE stations in this reserved allotments using the forms. If only one commercial ‘‘non-reserved’’ spectrum via Commission’s new standards. We do not application remains after the return of competitive bidding, but the U.S. Court believe it would serve the public all mutually exclusive NCE of Appeals for the D.C. Circuit interest to introduce additional delay to applications, we will process that overturned that result. In the 2FNPRM offer would-be applicants for NCE applicant’s pending long-form in this docket, the Commission sought
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comment on how to allocate and license new policies may cause some delay to TV stations have revenues of $12 this spectrum, consistent with the applicants for commercial stations, million or less. Many commercial TV court’s opinion and the whether large or small, that seek to use stations, however, are affiliated with Communications Act. The 2R&O certain vacant allotments; although as a larger corporations with higher revenue, resolves the issues we raised in the general matter we will allow applicants with the result that the estimate of 870 2FNPRM. for NCE stations to attempt to reserve commercial TV stations overstates the channels only when we are conducting number that qualify as small entities. Summary of Significant Issues Raised by an allocation proceeding to amend the The Commission does not compile and the Public in Responses to the IRFA Table of Allotments, we will permit otherwise does not have access to 36. No comments addressed the IRFA, applicants for NCE stations an information on the revenue of NCE or otherwise discussed issues that may opportunity to reserve channels for stations that would permit it to impact small entities. which we have already concluded the determine how many such stations Description and Estimate of the Number allocation proceeding, if the would qualify as small entities. Commission initiated the proceeding of Small Entities to Which the Rules Description of Projected Reporting, before August 7, 2000, and never Will Apply Recordkeeping, and Other Compliance accepted applications for the channel. Requirements 37. The RFA directs the Commission Thus, the rules may affect ‘‘small to provide a description of, and, where business concerns,’’ ‘‘small 41. The Commission anticipates that feasible, an estimate of the number of organizations,’’ and ‘‘small none of the rules adopted in the 2R&O small entities that will be affected by the governmental jurisdictions.’’ The will result in an increase in the existing rules. The RFA defines the term ‘‘small number of possible future applicants reporting and recordkeeping entity’’ as having the same meaning as cannot be determined. requirements of potential applicants. ‘‘small business,’’ ‘‘small organization,’’ 39. Radio. Applicants could also Steps Taken To Minimize Significant and ‘‘small governmental jurisdiction.’’ include existing radio stations. As of In addition, the term ‘‘small business’’ Economic Impact on Small Entities, and June 30, 2002, the Commission had Significant Alternatives Considered has the same meaning as the term licensed a total of 13,261 radio stations, ‘‘small business concern’’ under the of which 4,811 were AM stations, 6,147 42. The RFA requires an agency to Small Business Act. A ‘‘small business were commercial FM stations, and 2,303 describe any significant alternatives that concern’’ is one that: (1) Is were NCE FM stations. As of the same it has considered in adopting its rules, independently owned and operated; (2) date, the Commission had also licensed which may include the following four is not dominant in its field of operation; 3,770 FM translator and booster stations alternatives (among others): (1) The and (3) satisfies any additional criteria (commercial and NCE). SBA defines as establishment of differing compliance or established by the SBA. A ‘‘small a small business those radio reporting requirements or timetables organization’’ is generally defined as broadcasting stations that have no more that take into account the resources ‘‘any not-for-profit enterprise which is than $6 million in annual receipts. available to small entities; (2) the independently owned and operated and According to Commission staff review clarification, consolidation, or is not dominant in its field * * *.’’ A of BIA Publications, Inc. Master Access simplification of compliance or ‘‘small governmental jurisdiction’’ is Radio Analyzer Database on August 22, reporting requirements under the rule generally defined as ‘‘governments of 2002, about 10,800 commercial radio for small entities; (3) the use of cities, counties, towns, townships, stations have revenue of $6 million or performance, rather than design, villages, school districts, or special less. Many commercial radio stations, standards; and (4) an exemption from districts, with a population of less than however, are affiliated with larger coverage of the rule, or any part thereof, fifty thousand * * *.’’ corporations with higher revenue, with for small entities. 38. The rules adopted in the 2R&O the result that the estimate of 10,800 43. The 2R&O establishes new will affect applicants for NCE stations commercial radio stations overstates the policies for licensing non-reserved on non-reserved channels and number that qualify as small entities. spectrum, in a manner consistent with frequencies. Under the applicable The Commission does not compile and the court’s decision in the NPR case, provisions of the Act, NCE stations are otherwise does not have access to and the applicable provisions of the those owned and operated by: (1) information on the revenue of NCE statute. As explained in detail in the Nonprofit educational organizations stations that would permit it to 2R&O, section 309(j)(1) of the Act after showing that they will use the determine how many such stations generally requires the Commission to stations to advance educational would qualify as small entities. resolve mutually exclusive applications programs, or (2) municipalities that use 40. Television. Applicants could also for licenses to use spectrum via the stations to air only noncommercial include TV stations. As of June 30, competitive bidding, but section programs for educational purposes. The 2002, the Commission had licensed a 309(j)(2)(C) exempts the licenses for rules could also affect commercial total of 1,712 full-power TV stations, of NCE stations from this process. In the stations by causing delay in processing which 1,331 commercial TV stations, R&O in this docket, the Commission their applications; although the new were 381 were NCE TV stations. As of concluded that the auction exemption rules establish that applications for NCE the same date, the Commission had applied only to licenses for NCE stations stations will be returned as licensed 4,741 TV translator stations, to use the channels that Commission unacceptable for filing if they become 2,120 LPTV stations, and 554 Class A has reserved for their exclusive use, and and remain mutually exclusive with TV stations. SBA defines a television that applicants for licenses for NCE applications for commercial stations, broadcasting station that has no more stations to use non-reserved spectrum the rules continue to permit applicants than $12 million in annual receipts as must compete for them via competitive for NCE stations to apply for non- a small business. According to bidding; in the NPR case, the D.C. reserved channels, and in some services, Commission staff review of the BIA Circuit decided that the auction the opportunity to negotiate a settlement Publications, Inc. Master Access exemption extended to licenses for NCE with a competing applicant for a Television Analyzer Database on August stations to use non-reserved spectrum. commercial station. In addition, our 22, 2002, about 870 of the commercial As a result, the Commission’s new
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policies and rules must distinguish of the 2R&O and this FRFA (or (2) * * * between commercial station and NCE summaries thereof) will also be (i) Identifying the short-form stations in terms of how it allocates and published in the Federal Register. applications received during the licenses this spectrum. Thus, the window filing period which are found Ordering Clauses Commission cannot distinguish between to be mutually exclusive, including any ‘‘small’’ and ‘‘non-small’’ entities in 46. Pursuant to the authority applications for noncommercial applying the relevant statutory contained in sections 1, 2(a), 4(i), 303, educational broadcast stations, as standards. 307, and 309 of the Communications described in 47 U.S.C. 397(6), as well as 44. Although it is not necessarily true Act, as amended, 47 U.S.C. 151, 152(a), the procedures the FCC will use to that more applicants for NCE stations 154(i), 303, 307, and 309 of this 2R&O resolve the mutually exclusive would qualify as ‘‘small entities’’ than is adopted, and parts 73 and 74 of the applications; Commission’s rules are amended, applicants for commercial stations, the * * * * * effective June 16, 2003. Commission has attempted, within the (3) After the close of the filing 47. The Commission’s Consumer and applicable legal constraints, to window, the FCC will also release a Governmental Affairs Bureau, Reference maximize the opportunities for Public Notice identifying any short-form Information Center, shall send a copy of applicants for NCE stations to obtain applications received which are found this 2R&O, including the Final licenses to use non-reserved spectrum, to be non-mutually exclusive, including Regulatory Flexibility Analysis, to the consistent with the mandate in section any applications for noncommercial Chief Counsel for Advocacy of the Small 604(a)(5) of the RFA that an agency educational broadcast stations, as consider alternatives to minimize Business Administration. described in 47 U.S.C. 397(6). All non- significant economic impact on small 48. This proceeding is terminated. mutually exclusive applicants will be entities. For example, in the 2FNPRM, List of Subjects in 47 CFR Parts 73 and required to submit an appropriate long the Commission proposed two 74 form application within 30 days of the alternatives for licensing non-reserved Public Notice and, for applicants for spectrum: Hold applicants for NCE Radio, Television. commercial broadcast stations, pursuant stations ineligible for the spectrum, or Federal Communications Commission. to the provisions of § 73.5005(d). Non- permit them to apply for this spectrum, William F. Caton, mutually exclusive applications for subject to the Commission returning Deputy Secretary. commercial broadcast stations will be their applications as unacceptable for filing if any mutually exclusive Rule Changes processed and the FCC will periodically release a Public Notice listing such non- applications for commercial stations ■ For the reasons discussed in the mutually exclusive applications remained after the expiration of any preamble, the Federal Communications settlement period. In the 2R&O, the determined to be acceptable for filing Commission amends 47 CFR parts 73 and announcing a date by which Commission has adopted the second of and 74 as follows: these alternatives, which permits NCE petitions to deny must be filed in stations to obtain licenses for non- PART 73—RADIO BROADCAST accordance with the provisions of reserved spectrum, while the first one SERVICES §§ 73.5006 and 73.3584. Non-mutually exclusive applications for did not. This alternative is equally ■ beneficial to both large and small 1. The authority citation for part 73 noncommercial educational broadcast entities, because it permits all entities continues to read as follows: stations, as described in 47 U.S.C. the opportunity to acquire licenses for Authority: 47 U.S.C. 154, 303, 334 and 336. 397(6), will be processed and the FCC non-reserved spectrum. Moreover, the ■ 2. Section 73.3571 is amended by will periodically release a Public Notice Commission has also reaffirmed its revising paragraphs (h)(1)(i), (h)(2)(i), listing such non-mutually exclusive process that permits would-be and (h)(3) to read as follows: applications determined to be applicants for NCE stations, both large acceptable for filing and announcing a and small, to reserve more FM and TV § 73.3571 Processing of AM broadcast date by which petitions to deny must be station applications. channels for their exclusive use upon filed in accordance with the provisions showing that an already-reserved * * * * * of §§ 73.7004 and 73.3584. If the channel is not available for use, and (h) * * * applicant is duly qualified, and upon there is a need for NCE service in a (1)(i) The FCC will specify by Public examination, the FCC finds that the given area. The Commission will allow Notice, pursuant to § 73.5002, a period public interest, convenience and interested parties an opportunity to for filing AM applications for a new necessity will be served by the granting apply these criteria to future allocation station or for major modifications in the of the non-mutually exclusive long form proceedings, and to channels already in facilities of an authorized station. AM application, the same will be granted. the Table of Allotments for which the applications for new facilities or for * * * * * major modifications, whether for Commission initiated an allocation ■ 3. Section 73.3572 is amended by proceeding before the effective date of commercial broadcast stations or noncommercial educational broadcast revising the section heading and the criteria, and for which it never paragraph (e) to read as follows: accepted applications. stations, as described in 47 U.S.C. 397(6), will be accepted only during § 73.3572 Processing of TV broadcast, Report to Congress these specified periods. Applications Class A TV broadcast, low power TV, TV 45. The Commission will send a copy submitted prior to the appropriate filing translators, and TV booster applications. of the 2R&O, including this FRFA, in a period or ‘‘window’’ opening date * * * * * report to be sent to Congress pursuant identified in the Public Notice will be (e) The FCC will specify by Public to the Congressional Review Act. In returned as premature. Applications Notice a period for filing applications addition, the Commission will send a submitted after the specified deadline for a new non-reserved television, low copy of the 2R&O, including this FRFA, will be dismissed with prejudice as power TV and TV translator stations or to the Chief Counsel for Advocacy of the untimely. for major modifications in the facilities Small Business Administration. A copy * * * * * of such authorized stations, whether for
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commercial broadcast stations or commercial broadcast stations, pursuant a public notice announcing the noncommercial educational broadcast to the provisions of § 73.5005(d). Non- upcoming auction and specifying the stations, as described in 47 U.S.C. mutually exclusive applications for period during which all applicants 397(6), and major modifications in the commercial broadcast stations will be seeking to participate in an auction, and facilities of Class A TV stations. processed and the FCC will periodically all applicants for noncommercial * * * * * release a Public Notice listing such non- educational broadcast stations, as ■ 4. Section 73.3573 is amended by mutually exclusive applications described in 47 U.S.C. 397(6), on non- revising paragraphs (f)(2)(i), (f)(3)(i), and determined to be acceptable for filing reserved channels, must file their (f)(4) to read as follows: and announcing a date by which applications for new broadcast or ITFS petitions to deny must be filed in facilities or for major changes to existing § 73.3573 Processing of FM broadcast accordance with the provisions of facilities. Broadcast service or ITFS station applications. §§ 73.5006 and 73.3584. Non-mutually applications for new facilities or for * * * * * exclusive applications for major modifications will be accepted (f) * * * noncommercial educational broadcast only during these specified periods. (2)(i) The FCC will specify by Public stations, as described in 47 U.S.C. This initial and other public notices will Notice, pursuant to § 73.5002(a), a 397(6), will be processed and the FCC contain information about the period for filing non-reserved band FM will periodically release a Public Notice completion and submission of applications for a new station or for listing such non-mutually exclusive applications to participate in the major modifications in the facilities of applications determined to be broadcast or ITFS auction, and an authorized station. FM applications acceptable for filing and announcing a applications for noncommercial for new facilities or for major date by which petitions to deny must be educational broadcast stations, as modifications, whether for commercial filed in accordance with the provisions described in 47 U.S.C. 397(6), on non- broadcast stations or noncommercial of §§ 73.7004 and 73.3584. If the reserved channels, as well as any educational broadcast stations, as applicant is duly qualified, and upon materials that must accompany the described in 47 U.S.C. 397(6), will be examination, the FCC finds that the applications, and any filing fee that accepted only during the appropriate public interest, convenience, and must accompany the applications or any filing period or ‘‘window.’’ Applications necessity will be served by the granting upfront payments that will need to be submitted prior to the window opening of the non-mutually exclusive long-form submitted. Such public notices will date identified in the Public Notice will application, it will be granted. also, in the event mutually exclusive be returned as premature. Applications * * * * * applications are filed for broadcast submitted after the specified deadline construction permits or ITFS licenses will be dismissed with prejudice as Subpart I—Procedures for Competitive that must be resolved through untimely. Bidding and for Applications for competitive bidding, contain * * * * * Noncommercial Educational Broadcast information about the method of (3) * * * Stations on Non-Reserved Channels competitive bidding to be used and (i) Identifying the short-form more detailed instructions on applications received during the ■ 5. The heading in subpart I of part 73 submitting bids and otherwise window filing period which are found is revised as set forth above. participating in the auction. In the event to be mutually exclusive, including any ■ 6. Section 73.5000 is amended by applications are submitted that are not applications for noncommercial revising paragraph (b) to read as follows: mutually exclusive with any other educational broadcast stations, as application in the same service, or in § 73.5000 Services subject to competitive described in 47 U.S.C. 397(6), as well as bidding. the event that any applications that are the procedures the FCC will use to submitted that had been mutually resolve the mutually exclusive * * * * * exclusive with other applications in the applications; (b) Mutually exclusive applications same service are resolved as a result of for broadcast channels in the reserved the dismissal or modification of any * * * * * portion of the FM band (Channels 200– (4) If, after the close of the appropriate applications, the non-mutually 220) and for television broadcast exclusive applications will be identified window filing period, a non-reserved channels reserved for noncommercial FM allotment remains vacant, the by public notice and will not be subject educational use are not subject to to auction. window remains closed until the FCC, competitive bidding procedures. by Public Notice, specifies a subsequent Applications for noncommercial (b) To participate in broadcast service period for filing non-reserved band FM educational broadcast stations, as or ITFS auctions, or to apply for a applications for a new station or for described in 47 U.S.C. 397(6), on non- noncommercial educational station, as major modifications in the facilities of reserved channels also are not subject to described in 47 U.S.C. 397(6), on a non- an authorized station pursuant to competitive bidding procedures. reserved channel, all applicants must paragraph (f)(2)(i) of this section. After timely submit short-form applications ■ the close of the filing window, the FCC 7. Section 73.5002 is amended by (FCC Form 175), along with all required will also release a Public Notice revising the section heading and certifications, information and exhibits, identifying the short-form applications paragraphs (a), (b), (c) introductory text pursuant to the provisions of § 1.2105(a) which are found to be non-mutually and adding paragraph (d)(4) to read as of this chapter and any Commission exclusive, including any applications follows: public notices. So determinations of for noncommercial educational § 73.5002 Application and certification mutual exclusivity for auction purposes broadcast stations, as described in 47 procedures; return of mutually exclusive can be made, applicants for non-table U.S.C. 397(6). These non-mutually applications not subject to competitive broadcast services or for ITFS must also exclusive applicants will be required to bidding procedures; prohibition of submit the engineering data contained submit the appropriate long-form collusion. in the appropriate FCC form (FCC Form application within 30 days of the Public (a) Prior to any broadcast service or 301, FCC Form 346, FCC Form 349 or Notice and, for applicants for ITFS auction, the Commission will issue FCC Form 330). Beginning January 1,
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1999, all short-form applications must relevant service and according to any stations, as described in 47 U.S.C. be filed electronically. If any application procedures for filing such applications 397(6)(B). for a noncommercial educational set out by public notice. The long-form broadcast station, as described in 47 application filed by a non-mutually PART 74—EXPERIMENTAL RADIO, U.S.C. 397(6), is mutually exclusive exclusive applicant need not contain the AUXILIARY, SPECIAL BROADCAST with applications for commercial additional exhibits, identified in AND OTHER PROGRAM broadcast stations, and the applicants paragraph (a) of this section, required to DISTRIBUTIONAL SERVICES that have the opportunity to resolve the be submitted with the long-form ■ 11. The authority citation for part 74 mutually exclusivity pursuant to applications filed by winning bidders. continues to read as follows: paragraph (c) and (d) of this section fail When electronic procedures become to do so, the application for available, the Commission may require Authority: 47 U.S.C. 154, 303, 307, 336(f), noncommercial educational broadcast any non-mutually exclusive applicants 336(h) and 554. station, as described in 47 U.S.C. 397(6), to file their long-form applications ■ 12. Section 74.1233 is amended by will be returned as unacceptable for electronically. revising paragraphs (d)(2)(i), (d)(3)(i), filing, and the remaining applications ■ 9. Section 73.5006 is amended by (d)(4) to read as follows: for commercial broadcast stations will revising paragraph (a) to read as follows: § 74.1233 Processing FM translator and be processed in accordance with booster station applications. competitive bidding procedures. § 73.5006 Filing of petitions to deny against long-form applications. * * * * * (c) Applicants in all broadcast service (d) * * * or ITFS auctions, and applicants for (a) As set forth in 47 CFR 1.2108, (2)(i) The FCC will specify by Public noncommercial educational stations, as petitions to deny may be filed against Notice, pursuant to § 73.5002(a) of this described in 47 U.S.C. 397(6), on non- the long-form applications filed by chapter, a period for filing non-reserved reserved channels will be subject to the winning bidders in broadcast service or band FM translator applications for a provisions of § 1.2105(b) of this chapter ITFS auctions and against the long-form new station or for major modifications regarding the modification and applications filed by applicants whose in the facilities of an authorized station. dismissal of their short-form short-form applications were not FM translator applications for new applications. Notwithstanding the mutually exclusive with any other facilities or for major modifications, general applicability of § 1.2105(b) of applicant, or whose short-form whether for commercial broadcast this chapter to broadcast and ITFS applications were mutually exclusive stations or noncommercial educational auctions, and applicants for only with one or more short-form broadcast stations, as described in 47 noncommercial educational stations, as applications for a noncommercial U.S.C. 397(6), will be accepted only described in 47 U.S.C. 397(6), on non- educational broadcast station, as during these specified periods. reserved channels, the following described in 47 U.S.C. 397(6). Applications submitted prior to the applicants will be permitted to resolve * * * * * window opening date identified in the their mutual exclusivities by making Public Notice will be returned as amendments to their engineering Subpart K—Application and Selection premature. Applications submitted after submissions following the filing of their Procedures for Reserved the specified deadline will be dismissed short-form applications: Noncommercial Educational Channels, with prejudice as untimely. and for Certain Applications for * * * * * * * * * * Noncommercial Educational Stations (d) * * * (3) * * * on Non-Reserved Channels (4) Applicants for the AM broadcast (i) Identifying the short-form service who file applications that are ■ 10. The heading in subpart K of part 73 applications received during the mutually exclusive with at least one is revised as set forth above. appropriate filing period or ‘‘window’’ which are found to be mutually application for a noncommercial ■ 11. Section 73.7001 is amended by exclusive, including any applications educational station, as defined in 47 revising paragraph (b) and adding for noncommercial educational U.S.C. 397(6). paragraph (c) to read as follows: ■ 8. Section 73.5005 is amended by broadcast stations, as defined in 47 revising paragraph (d) to read as follows: § 73.7001 Services subject to evaluation U.S.C. 397(6), as well as the procedures by point system. the FCC will use to resolve the mutually § 73.5005 Filing of long-form applications. * * * * * exclusive applications; * * * * * (b) A point system will be used to * * * * * (d) An applicant whose short-form evaluate mutually exclusive (4) After the close of the filing application, submitted pursuant to applications for new radio, television, window, the FCC will also release a § 73.5002(b), was not mutually and FM translator facilities, and for Public Notice identifying any short-form exclusive with any other short-form major changes to existing facilities, on applications which are found to be non- application in the same service, or non-reserved channels, only when all of mutually exclusive, including any whose short-form application was the mutually exclusive applications are applications for noncommercial mutually exclusive only with one or for noncommercial educational educational broadcast stations, as more short-form applications for a broadcast stations, as described in 47 described in 47 U.S.C. 397(6). These noncommercial educational broadcast U.S.C. 397(6)(A) or 47 U.S.C. 397(6)(B). non-mutually exclusive applicants will station, as described in 47 U.S.C. 397(6), (c) A point system will be used to be required to submit the appropriate shall submit an appropriate long-form evaluate mutually exclusive long form application within 30 days of application within thirty (30) days applications for new television the Public Notice and, for applicants for following release of a public notice translator and low power television commercial broadcast stations, pursuant identifying any such non-mutually facilities, and for major changes to to the provisions of § 73.5005 of this exclusive applicants. The long-form existing facilities, only when all of the chapter. Non-mutually exclusive application should be submitted mutually exclusive applications are for applications for commercial broadcast pursuant to the rules governing the noncommercial educational broadcast stations will be processed and the FCC
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will periodically release a Public Notice types’’ and by adding in its place DEPARTMENT OF COMMERCE listing such non-mutually exclusive ‘‘Authorized gear types.’’ This action applications determined to be will not have any substantive regulatory National Oceanic and Atmospheric acceptable for filing and announcing a effect. Administration date by which petitions to deny must be filed in accordance with the provisions Classification 50 CFR Part 622 of §§ 73.5006 and 73.3584 of this This action corrects a typographic chapter. Non-mutually exclusive [Docket No. 030303053–3118–02; I.D. error, a non-discretionary technical applications for noncommercial 022403C] change with no substantive effects. educational broadcast stations, as Pursuant to 5 U.S.C. 553(b)(B), the described by 47 U.S.C. 397(6), will be RIN 0648–AQ70 processed and the FCC will periodically Assistant Administrator of Fisheries (AA), NOAA, finds good cause to waive Fisheries of the Caribbean, Gulf of release a Public Notice listing such non- Mexico, and South Atlantic; Coastal mutually exclusive applications prior notice and comment procedures otherwise required by the section. Migratory Pelagic Resources of the determined to be acceptable for filing Gulf of Mexico and South Atlantic; and announcing a date by which NOAA finds that prior notice and comment are unnecessary as this final Reef Fish Fishery of the Gulf of petitions to deny must be filed in Mexico; Revision of Charter Vessel accordance with the provisions of rule makes a minor, non-substantive change to correct wording in a heading and Headboat Permit Moratorium §§ 73.7004 and 73.3584 of this chapter. Eligibility Criterion If the applicants are duly qualified, and of a table. NOAA finds that because of upon examination, the FCC finds that the technical, non-substantive nature of AGENCY: National Marine Fisheries the public interest, convenience and the correction, no particular public Service (NMFS), National Oceanic and necessity will be served by the granting interest exists in this rule for which Atmospheric Administration (NOAA), of the non-mutually exclusive long-form prior notice and comment would Commerce. application, the same will be granted. otherwise be needed. For the above ACTION: Final rule. * * * * * reasons, the AA also finds good cause, SUMMARY: NMFS issues this final rule to [FR Doc. 03–12057 Filed 5–14–03; 8:45 am] under 5 U.S.C. 553(d) not to delay for 30 days the effective date of this action. implement a corrected Amendment for BILLING CODE 6712–01–P the charter vessel/headboat permit List of Subjects in 50 CFR Part 679 moratorium established in Amendment 14 to the Fishery Management Plan for Alaska, Fisheries, Recordkeeping and DEPARTMENT OF COMMERCE the Coastal Migratory Pelagic Resources reporting requirements. of the Gulf of Mexico and South National Oceanic and Atmospheric Dated: May 8, 2003. Atlantic (Amendment 14) and in Administration Rebecca Lent, Amendment 20 to the Fishery Management Plan for the Reef Fish 50 CFR Parts 300, 600, and 679 Deputy Assistant Administrator for Regulatory Programs, National Marine Resources of the Gulf of Mexico [Docket No. 020801186 3073 02; Fisheries Service. (Amendment 20). This final rule revises, I.D.053102D] consistent with the actions taken by the RIN 0648 AQ09 PART 600—MAGNUSON-STEVENS Gulf of Mexico Fishery Management ACT PROVISIONS Council (Council), one of the eligibility Pacific Halibut Fisheries; Subsistence criteria for obtaining a charter vessel/ Fishing; Correction ■ 1. The authority citation for part 600 headboat permit under the moratorium. continues to read as follows: This final rule also reopens the AGENCY: National Marine Fisheries application process for obtaining Gulf Service (NMFS), National Oceanic and Authority: 5 U.S.C 561, 16 U.S.C. 773 et charter vessel/headboat moratorium Atmospheric Administration (NOAA), seq., and 16 U.S.C. 1801 et seq. permits and extends the applicable Commerce. ■ 2. On page 18161, bottom of second deadlines; extends the expiration dates ACTION: Final rule; correction. column, in § 600.725, paragraph (v), of valid or renewable open access correct table VII. NORTH PACIFIC permits for these fisheries; clarifies, as SUMMARY: This document corrects the requested by the Council, a constraint final rule that implemented the Pacific FISHERY MANAGEMENT COUNCIL, by removing the second heading in the on issuance of historical captain permits Halibut Subsistence Program, which under the moratorium; and extends the published on April 15, 2003. boxhead, ‘‘Allowable gear types’’, and adding in its place ‘‘Authorized gear expiration date of the moratorium to DATES: Effective on May 15, 2003. types’’. account for the delay in FOR FURTHER INFORMATION CONTACT: implementation. In addition, NMFS [FR Doc. 03–12040 Filed 5–14–03; 8:45 am] Patsy A. Bearden, NMFS, 907–586–7228 informs the public of the approval by or e-mail at [email protected]. BILLING CODE 3510–22–S the Office of Management and Budget SUPPLEMENTARY INFORMATION: This (OMB) of the collection-of-information document corrects the final rule, which requirements contained in this final rule published on April 15, 2003 (68 FR and publishes the OMB control numbers 18145) FR Doc. 03–8822, and which for those collections. The intended will become effective on May 15, 2003. effect of this final rule is to implement The intext table entitled VII. NORTH the charter vessel/headboat moratorium PACIFIC FISHERY MANAGEMENT in the Gulf of Mexico consistent with COUNCIL of 50 CFR part 600.725(v) was the actions taken by the Council. incorrect. This action corrects the DATES: This final rule is effective June heading by removing ‘‘Allowable gear 16, 2003.
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ADDRESSES: Copies of the final September 2002 Minority Report Comment 3: Action taken at this regulatory flexibility analysis (FRFA) meeting was not properly noticed to the may be obtained from the Southeast A minority report was submitted by affected public. Therefore, it will be a Regional Office, NMFS, 9721 Executive two Council members that contained surprise move to affected parties, many Center Drive N., St. Petersburg, FL objections to the Council’s action at its of whom participated in the 33702. September 2002 meeting regarding a negotiations relating to passage of the Comments on the collection-of- letter to NMFS which modified a final original language, and many of whom information requirements contained in Council motion adopted in March 2001. can be substantially adversely impacted this rule should be sent to Robert The September 2002 Council motion by this new move, clearly contrary to Sadler, Southeast Regional Office, stated, ‘‘To write a letter to NMFS the principles of public notice NMFS, 9721 Executive Center Drive N., stating that it was the intent of the contained in the M-S Act [sic] St. Petersburg, FL 33702, and to the Council under C–1. Eligibility - to (Magnuson-Stevens Act) and other Office of Information and Regulatory provide for fully transferable reef fish or applicable law. Affairs, Office of Management and coastal migratory pelagic charter/ Response: The published agenda Budget (OMB), Washington, DC 20503 headboat permits to individuals/charter indicated that on Tuesday, September (Attention: NOAA Desk Officer). vessels who held valid permits on 10, 2002, the Mackerel Management March 29, 2001, or who had applied for FOR FURTHER INFORMATION CONTACT: Phil Committee would hear a ‘‘Status Report such permits received in NMFS’ office Steele, telephone: 727–570–5305, fax: on the Charter Vessel/Headboat by March 29, 2001. The intent of the 727–570–5583, e-mail: Moratorium Amendment.’’ NMFS Council was to cap the effort and [email protected]. presented this status report, which passenger capacity of vessels as of included a discussion of the fact that SUPPLEMENTARY INFORMATION: The March 29, 2001.’’ Following are the one of the eligibility requirements fishery for reef fish is managed under minority report comments related to this included in the amendment prepared by the Fishery Management Plan for the action. staff was not supported elsewhere in the Reef Fish Resources of the Gulf of Comment 1: The action clearly administrative record. The Council Mexico (Reef Fish FMP) that was violates the basic rules of statutory agreed that NMFS’ review was correct prepared by the Council. The fisheries construction to the detriment of persons and that such criterion was in error. As for coastal migratory pelagic resources who have taken or may take actions a result, the Council voted to are managed under the Fishery based on the language of the original acknowledge in writing to the Secretary, Management Plan for the Coastal Council motion. its concurrence with this determination, Migratory Pelagic Resources of the Gulf Response: In determining the scope of along with another suggested of Mexico and South Atlantic (Coastal the measures proposed by the Council, clarification which is not part of this Migratory Pelagics FMP) that was NMFS promulgates appropriate final rule. No new action was taken by prepared jointly by the Council and the regulations in light of the entire the Council at the September 2002 South Atlantic Fishery Management administrative record. The final rule is meeting for which further public notice Council. These FMPs were approved by the result of a detailed review of such was required. Those members of the NMFS and implemented under the record, and the eligibility requirements public who had participated throughout authority of the Magnuson-Stevens are consistent with Council discussions the process were aware of the inclusion Fishery Conservation and Management on the issue. Further, NMFS is not of the erroneous criterion in the final Act (Magnuson-Stevens Act) by construing a statute, but rather a motion rule, and first indicated the possibility regulations at 50 CFR part 622. made by a Council member, and the of error to NMFS just prior to the NMFS approved the corrected agency has a duty to examine the record effective date of the final rule. Amendment on May 6, 2003. NMFS developed by the Council in order to Comment 4: Five Council members published a proposed rule on March 12, clarify ambiguities and resolve who participated in the original vote in 2003, to implement the corrected inconsistencies in the language used. Mobile were not at this Metairie meeting Amendment and requested comments The Council assisted in this endeavor by to tell what they thought or knew of the on the proposed rule through March 27, providing clarification of its intent. original adopted language. 2003 (68 FR 11794, March 12, 2003). Response: It is true that the The rationale for the measures in the Comment 2: Some remarks from the membership of the Council had corrected Amendment was provided in minutes of the ’01 Mobile meeting changed, and all new members the proposed rule and is not repeated contradict the newly construed meaning abstained from discussing the issue and here. of the eligibility provisions of the voting on the letter to the Secretary. Amendment as stated in the action Comment 5: The original action in Comments and Responses contested herein. Therefore, the present Mobile was taken as a joint effort of the NMFS received a September 2002 action is not fully supported even on its Reef Fish and Coastal Migratory Pelagic minority report signed by two Council merits. Fisheries Committees. The charterboat members, a November 2002 minority Response: With the exception of the moratorium affects both fisheries. The report signed by one Council member, single eligibility criterion, which present action at the Metairie meeting and nine letters opposing aspects of the Council staff acknowledged was seeking to modify the results of the joint corrected amendment and/or the included in the amendment effort passed through only the Reef Fish proposed rule. Twelve letters in support erroneously, and is being removed in Committee, and did not pass through a of the proposed rule were received. this final rule, the record supports joint committee, nor was the joint Neither minority report was filed NMFS’ current interpretation of the committee convened for this purpose. specifically in response to the proposed Mobile motion. The fact that some Response: See the response to rule or the corrected amendment, but members held different views does not comment 3 as to the ‘‘action’’ taken by both reports addressed prior Council mean that the action is not supported by the Council. The only committee to hear requests that are related to the proposed the record. Unanimous votes are fairly the update at the September 2002 rule. Therefore, responses to the uncommon, and a majority of the meeting was the Coastal Migratory minority reports are also provided here. Council concurred with the action. Pelagic committee, but the topic was
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addressed at length during full Council motion adopted by the Council at its did exactly as this comment advocates session; hence, all persons who would September 9–12, 2002, meeting in using an emergency rule to prevent have comprised a joint committee had amended as follows: ‘‘It was the intent the potential economic disruption of the an opportunity to participate in the full of the Council that under C–1 - to charter industry upon implementation Council session. provide for fully transferable reef fish or of the previous final rule which Comment 6: The Council members coastal migratory pelagic charter/ contained the erroneous criterion. and the public did not have, before headboat permits to individuals/charter Comment 12: No scientific taking this action, any alternatives, vessels who held valid permits on justification or information was given impacts, scoping or other facts and March 29, 2001, or held a valid permit upon which to base the Council’s documents required by the National during the preceding year or had actions (contrary to national standard 2 Environmental Policy Act (NEPA) and applied for such permits received in the and other applicable laws). M-S [sic]. NMFS office by March 29, 2001. The Response: The original decision to Response: See the response to intent of the Council was to cap the implement a moratorium was based on comment 3 as to the ‘‘action’’ taken by effort and passenger capacity of vessels the best available scientific information the Council. When ‘‘action’’ was taken as of March 29, 2001.’’ Following are the regarding the status of certain on this amendment in March 2001, the minority report comments related to this overfished species in the Gulf, which Council had before it all the pertinent action. were subject to considerable increasing materials and was fully compliant with Comment 9: This action was taken pressure by the expanding charter fleet the applicable laws in its consideration without any notice to the public or to in the region. No new management and approval of the amendment. the affected classes of vessel owners. measures subject to national standard 2 Comment 7: Since the present action Response: The only action taken at have been proposed by NMFS or the will affect a fishery jointly shared with the November 2002 meeting was that Council with regard to the charter the South Atlantic Council, the action, the Council requested NMFS to permit moratorium. Also, see the as was the original action, must be implement via emergency rule a following response regarding the change passed through the South Atlantic moratorium containing the eligibility to the eligibility requirements from the Council for approval. requirements supported by the record. March 2001 Mobile motion. Response: See the response to While no notice was included in the Comment 13: Changing the eligibility comment 3 as to the ‘‘action’’ taken by published agenda, section 302(i)(2)(C) of provisions without following the Plan the Council. Given that there was no the Magnuson-Stevens Act expressly Amendment process will be a serious ‘‘action’’ taken on the amendment itself, excludes from the prior public notice insult to the M-S [sic] Act Council only a confirmation of an error in the requirement modifications to the Conservation and Management process. document, which in no way pertained published agenda addressing emergency to the South Atlantic Council’s area of actions. As the Magnuson-Stevens Act Response: NMFS has not changed the jurisdiction, there was no need for the requires, notice of the perceived eligibility provisions from those South Atlantic Council to approve it emergency and need for action was approved by the Council at the March again. given immediately at the meeting. 2001 meeting in Mobile, Alabama. As Comment 8: Allowing this to happen Comment 10: The actions by NMFS in the record clearly indicates, this final sets a bad precedent as to the ability of publishing the regulations and by the rule merely removes a single eligibility the fishing industry to rely on anything Council at both meetings since the criterion that was erroneously included the Council or NMFS does. It should be Mobile meeting would result in in the amendment and thereby viewed as an action by the Council at regulations that implement something incorporated in the prior regulations. As the request of NMFS that will seriously more restrictive than the Council Plan to the suggestion that the motion from erode confidence in the system. Amendment Motion establishing the the March 2001 Mobile meeting made Response: The provisions in this final moratorium. eligible all persons who had ever held rule reflect what was discussed at the Response: NMFS actions in a permit for either fishery, this claim is meetings and what is contained in the promulgating this final rule will simply not supported by the record. The record, rather than the erroneous implement the moratorium supported maker of the motion for the Reef Fish eligibility criterion which appeared in by the administrative record as Management Committee stated that the the document after Council approval. developed at the March 2001 Council intent of the moratorium criteria was to Maintaining erroneous regulations, meeting in Mobile, Alabama. This final cap effort (hence the number of eligible which differ from those discussed at rule will actually be less restrictive than vessels) at 2001 levels. Allowing all public meetings, would not promote the prior final rule which contained an persons who ever held such a permit for public confidence in NMFS or the erroneous eligibility criterion. The either fishery regardless of the lack of Council. erroneous eligibility criterion was a recent participation is clearly requirement to hold a valid permit on inconsistent with the concept of November 2002 Minority Report the effective date of the final rule. capping effort at 2001 levels. A minority report was submitted by Contrary to the assertions contained in Comment 14: NMFS was (and would one Council member that contained the minority report, the correction be) acting outside its authority in objections to the Council’s action at its would slightly increase, rather than publishing implementing regulations November 2002 meeting regarding a decrease, the number of participants changing the eligibility requirements of letter requesting that the Secretary of compared to the erroneous regulation. the Council’s Plan Amendment motion. Commerce implement via emergency Comment 11: The requirements Response: See the response to the action a provision that again amends relative to emergency action are not met previous comment. two fishery management plans without by the content of the eligibility Comment 15: NEPA was not followed going through the plan amendment measures; only by the pending at the Mobile meeting, and that let the process. The Council’s November 2002 termination of existing permits. eligibility requirements of the motion stated ‘‘To write a letter to the Response: NMFS is not implementing implementing regulations differ from Secretary of Commerce to implement the moratorium with the corrected the Motion establishing the permit via emergency action the language of the criteria via emergency rule. The agency moratorium system.
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Response: The duty to satisfy NEPA Council’s stated intent and the objective an interim measure prior to correcting rests with NMFS and it was complied of the amendment. this error via normal rulemaking, NMFS with through the Council’s preparation promulgated an emergency rule that Change From the Proposed Rule of an Environmental Assessment and a extended several dates associated with finding of no significant impact (FONSI) In § 622.4(r)(3), the third sentence is the moratorium to allow those considering the proposed action, a revised to indicate that the letter of participants erroneously excluded from reasonable range of alternatives, and the eligibility for an historical captain is qualifying for a moratorium permit to potential impacts of such measures on valid only for a vessel of the same or continue participation in the fishery, the human environment. lesser authorized passenger capacity as pending completion of the normal the vessel used to document earned rulemaking process. The primary Other Public Comments income for eligibility purposes. The objective of this final rule is, therefore, Comment 16: Eight individuals stated proposed rule language required that the to correct the error associated with the that the permit moratorium restricted passenger capacity be the same as the eligibility criterion for the for-hire free enterprise throughout the vessel used to document earned income moratorium permit. This final rule will recreational for-hire sector. (i.e., would not be valid for a vessel revise, consistent with the Council’s Response: During the moratorium, with lesser passenger capacity). This clarification of intent, one of the new participation into the fisheries can change from the proposed rule is eligibility criteria for obtaining a Gulf still occur through the transfer of consistent with the Council’s intent to charter vessel/headboat moratorium existing permits, albeit at a higher entry cap fishing effort (not to discourage or permit to remove a restrictive provision cost than in the absence of the preclude reduction in fishing effort); requiring that a valid permit was held moratorium. Thus, new entry can makes the rule language regarding this on July 29, 2002. Complementary continue to occur without resulting in eligibility and transferability provision logistical adjustments, e.g., reopening increased fishing mortality rates on the consistent; and avoids unnecessary the application process, extension of affected stocks. administrative procedures (i.e., issuance deadlines, etc., are also included. Comment 17: There has been no and an otherwise unnecessary transfer The qualification requirements for the discussion of the impact or profitability to a vessel of lesser capacity). initial issuance of the moratorium permit will mandate the provision of of restricting vessel eligibility so that Classification vessels having a valid permit at any information necessary to establish The Administrator, Southeast Region, qualification for the permit, such as time from 1987 (when permits were first NMFS, determined that the corrected issued) through 3/29/00, but not since, information on income, record of past Amendment is necessary for the participation in the fishery, and proof of would not be eligible for a moratorium conservation and management of the permit. the time a vessel was under Gulf reef fish and coastal migratory construction. Permit renewal will Response: The economic analysis for pelagics fisheries and that it is require that permitted vessels the amendment looked at the impact of consistent with the Magnuson-Stevens participate in the standard data the moratorium on new entrants to the Act and other applicable laws. collection programs implemented in the fishery, which for present purposes This final rule has been determined to region which will require that includes this class of individuals. Prior be not significant for purposes of E.O. information be maintained on standard participants, who no longer participated 12866. vessel operation information, such as in the fishery, would be affected in the NMFS prepared an FRFA for this final trips, passenger loads, catch success, identical manner as people who had rule pursuant to § 604 of the Regulatory etc. All information elements required never participated and now wanted to Flexibility Act. A summary of the FRFA for these actions are standard elements enter the fishery. follows. essential to the successful operation of Comment 18: In addition to restating The Magnuson-Stevens Act provides the business and should already be previous comments made in the the statutory basis for the rule. Under a collected and maintained as standard minority reports, and on subsequent rule promulgated on June 28, 2002 (67 operating practice by the business. rules, one individual objected to the FR 43558), all for-hire operators in the These requirements do not require amendment, specifically the manner in reef fish and/or coastal migratory professional skills, and, therefore, may which permit eligibility is established. pelagic fisheries in the Gulf of Mexico be deemed not to be onerous on the Response: As stated in the response to exclusive economic zone (EEZ) were affected participants. comment 1, NMFS must promulgate required to have a valid limited access Two categories of impacted entities regulations in light of the administrative moratorium permit beginning December are presumed, those that qualify for the record as a whole, which supports the 26, 2002. The objective of that rule was for-hire permit and those that do not. approach taken in the final rule. The to cap the number of for-hire vessels Those who qualify for permits fall under purpose of the moratorium was to cap permitted to fish for reef fish or coastal two groups; those who qualify based on current effort, while allowing historical migratory pelagics in the EEZ of the permit records and those who qualify participants to continue in the fishery, Gulf of Mexico at the current level while based on the provisions for historical and the final rule providing eligibility to the Council assesses the actions captains or vessel-under-construction. owners of vessels who held permits necessary to restore overfished reef fish Based on permit records, an estimated during the qualifying period does just and king mackerel stocks and determine 3,071 permitted for-hire vessels would this. Owners (or historical captains as whether a more comprehensive effort qualify for the moratorium permit, of the case may be) are eligible for permits management system is appropriate for which 1,917 would qualify for both reef based on participation with some vessel these fisheries. Subsequent to fish and coastal migratory pelagic in the respective fishery during the publication of the rule, it was permits, 974 would qualify for only the qualifying time period. The Council has determined that the amendment did not coastal migratory pelagic permit, and clearly expressed its intent on this issue, correctly reflect the actions approved by 180 would qualify for only the reef fish and in light of the administrative record the Council, resulting in the permit. In addition to these vessels, an as a whole, the approach suggested in unintentional exclusion of 935 indeterminate number of entities would these comments would conflict with the historical participants in the fishery. As qualify for the initial issuance of the for-
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hire moratorium permit under the of small business entities at a significant permit. The effects on profits of these historical captain or vessel-under- competitive disadvantage to large vessels is unknown since neither the construction criteria. In total, the two business entities? Although some price of the necessary permit nor the groups would constitute the universe of variation exists between vessel alternative business options (what they qualified entities. A precise estimate of operation type (guide boat, charter boat, might do and what the profitability this universe cannot be provided as, and head/party boat), vessel length, and profile of this option is in lieu of although it can be presumed that all degree of participation in the fishery participating in the for-hire fishery) for active permits will be maintained to (number of trips per year), all vessels are these vessels are known. It is also not allow either sale of the permit or classified as small business entities. possible to estimate the number of small continued use, it cannot be determined Thus, the issue of disproportionality is entities this would affect, primarily how many entities will qualify under not relevant in the present case. because it can not be determined how the historical captain or vessel-under- The profitability question is: Will the many small business entities would construction criteria. Of the 3,071 regulations significantly reduce profit seek to enter the fishery in the absence qualifying vessels, 2,136 vessels qualify for a substantial number of small of the moratorium. under the status quo moratorium entities? Two categories of operations This final rule will allow qualification program, of which 1,373 vessels qualify will be affected by the final rule, for the moratorium permit and for both permits, 99 vessels qualify for qualifying vessels and non-qualifying continued operation of 935 vessels, or only the reef fish permit, and 664 vessels. Effects on qualifying vessels approximately 30 percent of the historic vessels qualify for only the coastal may accrue through the permit fee, the participants, in addition to the 2,136 migratory pelagic for-hire permit. This reporting requirement, and the vessels qualified under the status quo final rule will, therefore, allow the limitation on passenger capacity moratorium program, plus an unknown qualification of an additional 935 expansion. While permit fees are $50 for number of qualifiers under the historic vessels, of which 544 vessels will the first permit and $20 each for any captain and boat-under-construction qualify for both permits, 81 vessels will additional permit, all vessels are provisions. Continued participation by qualify for the reef fish permit, and 310 currently required to possess a permit. these 935 vessels will allow the vessels will qualify for the coastal Thus, permit costs should not be avoidance of a significant loss in migratory pelagic permit. These 935 substantially affected, nor should they performance and profits of these small vessels represent approximately 30 significantly affect profits. The reporting business entities and the fishery as a percent of the historic fleet. It should be requirement impacts time expenses whole. It is, therefore, concluded that noted that all 3,071 vessels, including rather than actual monetary outlays and, the final rule will result in a significant the 935 vessels that would additionally therefore, do not directly affect beneficial economic impact on a qualify as a result of the final rule, are profitability. However, the time substantial number of small entities all historical participants in the fishery. expenses are estimated at $13 for (i.e., the 935 vessels). This condition is reflective of the charterboat participants (5.5 interviews No significant issues were raised by Council’s intent to stabilize x 7 minutes per interview x $20 per public comments in response to the participation at historical levels. hour) and $700 for headboat IRFA. Therefore, no changes were made Business operations in the for-hire participants (140 logbooks per headboat to the proposed rule as a result of such sector consist primarily, if not x 15 minutes per logbook x $20 per comments. exclusively, of small business entities. hour). The effects on profits of the Ten alternatives to the initial For-hire vessel operations are limitation on passenger capacity eligibility requirements were considered small business entities if expansion cannot be estimated because considered. These were: allowing all they generate receipts not in excess of neither the cost of purchasing an persons who held a for-hire permit on $6.0 million per year. The average gross existing permit, the expected rate of the date of implementation of the revenues for charter boats operating in expansion (what portion of vessels amendment; allowing all persons who 1997 was $83,000 for vessels operating might be expected to expand their held a for-hire permit on either in Alabama, Mississippi, Louisiana, and passenger capacity), or the expected September 16, 1999 or November 11, Texas (based on average numbers of average capacity expansion can be 1999; using a control date of November trips per vessel and average fee per trip) forecast. 18, 1998 and allowing for continuous and $68,000 for vessels in Florida, while Additionally, the 935 vessels that participation under permit, vessel the average gross revenues for head were previously erroneously excluded replacement by current permitted boats/party boats was $328,000 from from qualification for the moratorium participant and issuance of new permit, vessels operating in Alabama to Texas permit, and that would now be qualified purchase of permitted vessel, or and $324,000 in Florida. Current under the final rule, will be allowed to purchase of a new vessel and issuance revenues may exceed those of 1997, but continue their historic participation and of a new permit; establishment and the revenue performance of the fishery accompanying profit performance and eligibility requirements for a Class 1 clearly qualifies the participants to fit in addition will experience a substantial (fully transferable) species the definition of small business entities. increase in profitability over what endorsements; establishment and Since all entities operating in the fishery would occur under the status quo since eligibility requirements for a Class 2 as well as the 935 new qualifiers will be they would have been precluded from (non-transferable) species affected by the final rule, the criterion continued participation under the June endorsements; historical captain permit/ of a substantial number of the small 28, 2002 rule. Since this is an increase endorsement provisions (2 alternatives); business entities being affected by the in profit and not a decrease, significant boat-under-construction provisions (2 rule will be met. reductions in profit are not expected to alternatives); and allowing all persons The determination of significant occur. who held a for-hire permit on or before economic impact can be ascertained by Effects on non-qualifying vessels January 1, 2002. Since the intent of the examining two criteria, would consist of the effects on business Council is to accommodate actual disproportionality and profitability. The profits of not being allowed to continue participation existent at the time of disproportionality question is: Will the participation in the fishery or enter the amendment development and the regulations place a substantial number fishery without purchasing an existing perception was strong that many active
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participants did not possess the collection of information displays a Gulf reef fish or coastal migratory required permits, control dates more currently valid OMB control number. pelagic fish on March 29, 2001, or held restrictive than the proposed control such a permit during the preceding year List of Subjects in 50 CFR Part 622 date would increase the negative or whose application for such permit impacts on the fishery through the Fisheries, Fishing, Puerto Rico, had been received by NMFS, by March exclusion of active participants, Reporting and recordkeeping 29, 2001, and was being processed or contrary to the intent of the Council. requirements, Virgin Islands. awaiting processing. More liberal control dates, however, Dated: May 9, 2003. (ii) Any person who can provide NMFS with documentation verifying while reducing the potential universe of William T. Hogarth, excluded vessels, would also be that, prior to March 29, 2001, he/she Assistant Administrator for Fisheries, had a charter vessel or headboat under contrary to the Council’s intent of National Marine Fisheries Service. construction and that the associated stabilizing participation at the level ■ existent at the time of amendment For the reasons set out in the preamble, expenditures were at least $5,000 as of development. The transferability 50 CFR part 622 is amended as follows: that date. If the vessel owner was constructing the vessel, the vessel provisions could result in contraction of PART 622—FISHERIES OF THE owner must provide NMFS with the fleet, contrary to the intent of CARIBBEAN, GULF, AND SOUTH receipts for the required expenditures. If stabilization and would increase the ATLANTIC negative impacts on the fishery. The the vessel was being constructed by alternative historical captain provisions ■ 1. The authority citation for part 622 someone other than the owner, the would have increased the burden of continues to read as follows: owner must provide NMFS with a copy of the contract and/or receipts for the eligibility and increased the negative Authority: 16 U.S.C. 1801 et seq. impacts. The alternative provisions for required expenditures. ■ 2. In § 622.4, the suspensions of the (iii) A historical captain, defined for boats under construction are more first sentence of paragraph (r)(1), the first restrictive than those of the final rule the purposes of paragraph (r) of this sentence of paragraph (r)(6), and section as a person who provides NMFS because it would have been harder to paragraph (r)(8)(v) are lifted; and qualify for a permit. This would have with documentation verifying that paragraph (r) is revised to read as (A) Prior to March 29, 2001, he/she increased the negative impacts on the follows: was issued either a USCG Operator of fishery because more permit holders Uninspected Passenger Vessel license would have been excluded. In summary, § 622.4 Permits and fees. (commonly referred to as a 6–pack this final rule accomplishes the * * * * * license) or a USCG Masters license; Council’s intent while minimizing (r) Moratorium on charter vessel/ operated, as a captain, a federally impacts. headboat permits for Gulf coastal permitted charter vessel or headboat in Copies of the FRFA are available upon migratory pelagic fish and Gulf reef fish. the Gulf reef fish and/or coastal request (see ADDRESSES). The provisions of this paragraph (r) are migratory pelagic fisheries; but does not This final rule contains two applicable through June 16, 2006. have a fishery permit issued in their collection-of-information requirements Notwithstanding the other provisions of name; and subject to the Paperwork Reduction Act this paragraph (r), the expiration dates (B) At least 25 percent of his/her (PRA)--namely a requirement to submit of all charter vessel/headboat permits earned income was derived from charter a charter vessel/headboat permit for Gulf reef fish or Gulf coastal vessel or headboat fishing in one of the application and submission of appeals migratory pelagic fish that were not years, 1997, 1998, 1999, or 2000. of NMFS’ initial denial of a charter issued under the provision of this (3) Special conditions applicable to vessel/headboat permit -that have been paragraph (r) and that were valid or eligibility based on historical captain approved by OMB under control renewable as of December 17, 2002, will status. A person whose eligibility is number 0648–0205. The public be extended through November 13, based on historical captain status will reporting burdens for these collections 2003, provided that a permit has not be issued a letter of eligibility by the of information are estimated to average been issued under this paragraph (r) for RA. The letter of eligibility may be 20 minutes for a permit application, an the applicable vessel. redeemed through the RA for a charter additional 2 hours for additional (1) Applicability. Beginning vessel/headboat permit for Gulf coastal documentation for an application based November 13, 2003, the only valid migratory pelagic fish and/or Gulf reef on a vessel being under construction or charter vessel/headboat permits for Gulf fish, with a historical captain on historical captain status, and 5 hours coastal migratory pelagic fish or Gulf endorsement. The letter of eligibility is for an appeal. These estimates include reef fish are those that have been issued valid for the duration of the the time for reviewing instructions, under the moratorium criteria in this moratorium; is valid only for a vessel of searching existing data sources, paragraph (r). No applications for the same or lesser authorized passenger gathering and maintaining the data additional charter vessel/headboat capacity as the vessel used to document needed, and completing and reviewing permits for these fisheries will be earned income in paragraph (r)(2)(iii)(B) the collections of information. Send accepted. Existing permits may be of this section; and is valid only for the comments regarding these burden renewed, are subject to the fisheries certified on the application estimates, or any other aspect of these transferability provisions in paragraph under paragraph (r)(2)(iii)(A) of this data collections, including suggestions (r)(9) of this section, and are subject to section. A charter vessel/headboat for reducing the burden, to NMFS and the requirement for timely renewal in permit for Gulf coastal migratory pelagic OMB (see ADDRESSES). paragraph (r)(10) of this section. fish or Gulf reef fish with a historical Notwithstanding any other provision (2) Initial eligibility. Initial eligibility captain endorsement is valid only on a of law, no person is required to respond for a charter vessel/headboat permit for vessel that the historical captain to, nor shall a person be subject to a Gulf coastal migratory pelagic fish or operates as a captain. penalty for failure to comply with, a Gulf reef fish is limited to the following: (4) Determination of eligibility based collection of information subject to the (i) An owner of a vessel that had a on permit history. NMFS’ permit requirements of the PRA unless that valid charter vessel/headboat permit for records are the sole basis for
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determining eligibility based on permit headboat permit for Gulf coastal paragraph (r)(2) of this section are met, or application history. An owner of a migratory pelagic fish and/or Gulf reef the RA will issue a charter vessel/ currently permitted vessel who believes fish based on permit or application headboat permit for Gulf coastal he/she meets the permit or application history, but who does not receive an migratory pelagic fish and/or Gulf reef history criterion based on ownership of application from the RA, must request fish or a letter of eligibility for such a vessel under a different name, as may an application from the RA and provide fisheries, as appropriate, and mail it to have occurred when ownership has documentation of eligibility. The RA the applicant not later than November 3, changed from individual to corporate or will mail applications and notifications 2003. vice versa, must document his/her to vessel owner addresses as indicated (7) Notification of ineligibility. If the continuity of ownership. An owner will in NMFS’ permit records. applicant does not meet the applicable not be issued initial charter vessel/ (iii) Application based on a charter eligibility requirements of paragraph headboat permits for Gulf coastal vessel/headboat under construction (r)(2) of this section, the RA will notify migratory pelagic fish or Gulf reef fish prior to March 29, 2001. A person who the applicant, in writing, of such under the moratorium in excess of the intends to obtain a charter vessel/ determination and the reasons for it not number of federally permitted charter headboat permit for Gulf coastal later than October 14, 2003. migratory pelagic fish and/or Gulf reef vessels and/or headboats that he/she (8) Appeal process. (i) An applicant fish based on the vessel-under- owned simultaneously at some time may request an appeal of the RA’s construction eligibility criterion in during the period March 29, 2000 determination regarding initial permit paragraph (r)(2)(ii) of this section must through March 29, 2001. eligibility, as specified in paragraph (5) Application requirements and obtain an application from the RA. Information requested on the (r)(2) of this section, by submitting a procedures—(i) General. An applicant written request for reconsideration to who desires a charter vessel/headboat application includes the standard information required in paragraph the RA with copies of the appropriate permit for Gulf coastal migratory pelagic records for establishing eligibility. Such fish or Gulf reef fish must submit an (b)(3)(ii) of this section and the documentation of construction and request must be postmarked or hand- application for such permit to the RA delivered within 45 days after the date postmarked or hand-delivered not later associated costs as specified in paragraph (r)(2)(ii) of this section. of the RA’s notification of ineligibility than September 15, 2003. Application and may include a request for an oral forms are available from the RA. The (iv) Application based on historical captain status. A person who intends to hearing. If an oral hearing is granted, the information requested on the obtain a charter vessel/headboat permit RA will notify the applicant of the place application form varies according to the for Gulf coastal migratory pelagic fish and date of the hearing and will provide eligibility criterion that the application and/or Gulf reef fish based on historical the applicant a maximum of 45 days is based upon as indicated in captain status must obtain an prior to the hearing to provide paragraphs (r)(5)(ii), (r)(5)(iii), and application from the RA. Information information in support of the appeal. (r)(5)(iv) of this section; however, all requested on the application includes (ii) A request for an appeal constitutes applicants must provide a copy of the the standard information required in the appellant’s authorization under applicable, valid USCG Operator of paragraph (b)(3)(ii) of this section and section 402(b)(1)(F) of the Magnuson- Uninspected Passenger Vessel license or documentation of the criteria specified Stevens Fishery Conservation and Masters license and valid USCG in paragraphs (r)(2)(iii)(A)and (B) of this Management Act (16 U.S.C. 1801 et. Certificate of Inspection. Failure to section. Such documentation includes seq.) for the RA to make available to the apply in a timely manner will preclude income tax records pertinent to appellate officer(s) such confidential permit issuance even when the verifying earned income; a copy of the records as are pertinent to the appeal. applicant meets the eligibility criteria applicable USCG license and/or (iii) The RA may independently for such permit. Certificate of Inspection; and a notarized review the appeal or may appoint one (ii) Application based on the prior affidavit signed by a vessel owner or more appellate officers to review the permit/application history criterion. On certifying the period the applicant appeal and make independent or about June 16, 2003, the RA will mail served as captain of a charter vessel or recommendations to the RA. The RA an application for a charter vessel/ headboat permitted for Gulf reef fish will make the final determination headboat permit for Gulf coastal and/or coastal migratory pelagic fish, regarding granting or denying the migratory pelagic fish and/or Gulf reef whether the charter vessel or headboat appeal. fish to each owner of a vessel who, was permitted for Gulf reef fish or (iv) The RA and appellate officer(s) according to NMFS’ permit records, is coastal migratory pelagic fish or both, eligible based on the permit or are empowered only to deliberate and whether the charter vessel or whether the eligibility criteria in application history criterion in headboat was uninspected (i.e., 6–pack) paragraph (r)(2)(i) of this section. paragraph (r)(2) of this section were or had a USCG Certificate of Inspection. applied correctly. Hardship or other Information requested on the (v) Incomplete applications. If an factors will not be considered in application is consistent with the application that is postmarked or hand- determining eligibility. standard information required in delivered in a timely manner is paragraph (b)(3)(ii) of this section. The incomplete, the RA will notify the (v) The RA will notify the applicant RA will also mail each such owner a applicant of the deficiency. If the of the decision regarding the appeal notice that his/her existing charter applicant fails to correct the deficiency within 45 days after receipt of the vessel/headboat permit(s) for coastal within 20 days of the date of the RA’s request for appeal or within 45 days migratory pelagic fish and/or Gulf reef notification, the application will be after the conclusion of the oral hearing, fish will expire November 13, 2003, and considered abandoned. if applicable. The RA’s decision will that the new permit(s) required under (6) Issuance of initial permits. If a constitute the final administrative this moratorium will be required as of complete application is submitted in a action by NMFS. that date. A vessel owner who believes timely manner and the applicable [FR Doc. 03–12184 Filed 5–14–03; 8:45 am] he/she qualifies for a charter vessel/ eligibility requirements specified in BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 68, No. 94
Thursday, May 15, 2003
This section of the FEDERAL REGISTER NW., Washington, DC 20463. DEPARTMENT OF TRANSPORTATION contains notices to the public of the proposed Commenters are strongly encouraged to issuance of rules and regulations. The submit comments electronically to Federal Aviation Administration purpose of these notices is to give interested ensure timely receipt and consideration. persons an opportunity to participate in the The Commission will make every effort 14 CFR Part 25 rule making prior to the adoption of the final rules. to post public comments on its Web site [Docket No. NM254; Notice No. 25–03–02– within 10 business days of the close of SC] the comment period. The hearing will FEDERAL ELECTION COMMISSION be held in the Commission’s ninth floor Special Conditions: Cessna Model 680 meeting room, 999 E Street, NW., Sovereign; Side Facing Single 11 CFR Parts 104, 107, 110, 9003, 9004, Washington, DC. Occupant Seats 9008, 9032 Through 9036, and 9038 FOR FURTHER INFORMATION CONTACT: J. AGENCY: Federal Aviation Duane Pugh Jr., Senior Attorney, 999 E [Notice 2003–10] Administration (FAA), DOT. Street, NW., Washington, DC, 20463, ACTION: Extension of Public Comment Period (202) 694–1650 or (800) 424–9530. Notice of proposed special conditions. for Public Financing of Presidential SUPPLEMENTARY INFORMATION: The Candidates and Nominating Federal Election Commission recently SUMMARY: This document proposes Conventions requested comment on proposed special conditions for the Cessna Model changes to its rules governing publicly AGENCY: Federal Election Commission. 680 Sovereign airplane. This airplane financed presidential candidates, in will have a novel or unusual design ACTION: Proposed rule; reopening of both the primary and general elections, public comment period. feature(s) associated with side-facing and national nominating conventions. single-occupant seats. The applicable SUMMARY: This notice extends the public See Notice of Proposed Rulemaking on airworthiness regulations do not contain comment period on the Federal Election Public Financing of Presidential adequate or appropriate safety standards Commission’s notice of proposed Candidates and Nominating for this design feature. These proposed rulemaking on public financing of Conventions, 68 FR 18484 (Apr. 15, special conditions contain the presidential candidates and nominating 2003) (‘‘Public Financing NPRM’’). The additional safety standards that the conventions to May 23, 2003. The document states that the public Administrator considers necessary to Commission will hold a hearing on the comment period closed on May 9, 2003, establish a level of safety equivalent to proposed rules on June 6, 2003, at 10 and a hearing on the proposed rules was that established by the existing a.m. tentatively scheduled for May 19, 2003. airworthiness standards. On May 2, 2003, the United States DATES: Comments must be received on DATES: Comments must be received on District Court for the District of or before June 30, 2003. or before May 23, 2003. The Columbia issued a decision in ADDRESSES: Comments on this proposal Commission will hold a hearing on the McConnell v. FEC, Civ. No. 02–582, may be mailed in duplicate to: Federal proposed rules for June 6, 2003, at 10 2003 WL 21003144 (D.D.C. May 1, Aviation Administration, Transport a.m., if it receives sufficient requests to 2003), notice of appeal filed (U.S. May Airplane Directorate, Attn: Rules Docket testify. Commenters wishing to testify at 2, 2003), which addresses certain (ANM–113), Docket No. NM254, 1601 the hearing must so indicate in their provisions of the Bipartisan Campaign Lind Avenue, SW., Renton, Washington written or electronic comments. Reform Act of 2002, Public Law 107– 98055–4056; or delivered in duplicate to ADDRESSES: All comments should be 155, 116 Stat. 81 (Mar. 27, 2002). A the Transport Airplane Directorate at addressed to Ms. Mai T. Dinh, Acting portion of the notice of proposed the above address. Comments must be Assistant General Counsel, and must be rulemaking concerned the application of marked: Docket No. NM254. Comments submitted in either electronic or written the Bipartisan Campaign Reform Act may be inspected in the Rules Docket form. Electronic mail comments should and the Commission’s implementing weekdays, except Federal holidays, be sent to [email protected] and regulations to national nominating between 7:30 a.m. and 4 p.m. must include the full name, electronic conventions. See Public Financing mail address and postal service address NPRM, 68 FR at 18502–07. In order to FOR FURTHER INFORMATION CONTACT: of the commenter. Electronic mail permit commenters the opportunity to Mark Quam, FAA, Standardization comments that do not contain the full consider the McConnell v. FEC decision Branch, ANM–113, Transport Airplane name, electronic mail address and and its impact on national nominating Directorate, Aircraft Certification postal service address of the commenter conventions, the Commission is Service, 1601 Lind Avenue, SW., will not be considered. If the electronic extending the comment period until Renton, Washington 98055–4056; mail comments include an attachment, May 23, 2003, and rescheduling the telephone (425) 227–2145, facsimile the attachment must be in the Adobe hearing on the proposed rules to June 6, (425) 227–1149. Acrobat (.pdf) or Microsoft Word (.doc) 2003, at 10 a.m. SUPPLEMENTARY INFORMATION: format. Faxed comments should be sent to (202) 219–3923, with printed copy Dated: May 8, 2003. Comments Invited follow-up to ensure legibility. Written Ellen L. Weintraub, The FAA invites interested persons to comments and printed copies of faxed Chair, Federal Election Commission. participate in this rulemaking by comments should be sent to the Federal [FR Doc. 03–11978 Filed 5–14–03; 8:45 am] submitting written comments, data, or Election Commission, 999 E Street, BILLING CODE 6715–01–P views. The most helpful comments
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reference a specific portion of the facing divans or sofas, as they do not facing seats. Side facing seating special conditions, explain the reason account for possible interaction among installations were not adequately for any recommended change, and the occupants. addressed for transport category include supporting data. We ask that airplanes in this Amendment. Type Certification Basis you send us two copies of written Discussion comments. Under the provisions of 14 CFR 21.17, We will file in the docket all the Cessna Aircraft Company must show The following injury criteria and comments we receive, as well as a that the Model 680 Sovereign airplane testing represent the minimum report summarizing each substantive meets the applicable provisions of 14 acceptable standards, and are being public contact with FAA personnel CFR part 25, effective February 1, 1965, proposed for certification of the Model concerning these special conditions. as amended by Amendments 25–1 680 single-occupant side-facing seats, The docket is available for public through 25–98; 14 CFR part 34, effective and are to be included as requirements inspection before and after the comment September 10, 1990, as amended by any in the proposed special conditions. closing date. If you wish to review the amendment in effect on the date of However, the existing requirements call docket in person, go to the address in certification. Subsequent changes have for a ‘‘no yaw’’ test condition. Cessna is the ADDRESSES section of this preamble been made to § 21.101 as part of proposing to demonstrate values of between 7:30 a.m. and 4 p.m., Monday Amendment 21–77, but those changes thoracic trauma index (TTL) and lateral through Friday, except Federal holidays. do not become effective until June 10, pelvic acceleration (LPA) for a ‘‘10 We will consider all comments we 2003. degree yaw’’ for which it has some test receive on or before the closing date for If the Administrator finds that the data. In this case, Cessna must show the comments. We will consider comments applicable airworthiness regulations ‘‘10 degree yaw’’ yields results that will filed late if it is possible to do so (i.e., 14 CFR part 25) do not contain only differ slightly from the ‘‘no yaw’’ without incurring expense or delay. We adequate or appropriate safety standards condition and that these differences may change these special conditions in for the Cessna Model 680 Sovereign would not be of such magnitude as to light of the comments we receive. airplane because of a novel or unusual exceed the maximum allowable. If you want the FAA to acknowledge design feature, special conditions are receipt of your comments on this prescribed under the provisions of Proposed Injury Criteria proposal, include with your comments § 21.16. (a) Existing Criteria. As referenced by In addition to the applicable a pre-addressed, stamped postcard on § 25.785(b), all injury protection criteria airworthiness regulations and special which the docket number appears. We of §§ 25.562(c)(1) through (c)(6) apply to conditions, the Cessna Model 680 will stamp the date on the postcard and the occupants of the single-occupant Sovereign must comply with the fuel mail it back to you. side-facing seats. Head injury criteria vent and exhaust emission requirements (HIC) assessments are only required for Background of part 34 and the noise certification head contact with the seat and/or On November 24, 1999, Cessna requirements of part 36, and the FAA adjacent structures. Aircraft Company, One Cessna must issue a finding of regulatory Boulevard, Wichita, KS 67277, applied adequacy pursuant to § 611 of Public (b) Body-to-wall/furnishing contact. for type certificate for their new Cessna Law 92–574, the ‘‘Noise Control Act of The seat must be installed aft of a Model 680 Sovereign airplane. The 1972.’’ structure such as an interior wall or Model 680 Sovereign is a twin engine Special conditions, as defined in 14 furnishing that will contact the pelvis, pressurized executive jet airplane with CFR 11.19, are issued in accordance upper arm, chest, or head of an standard seating provisions for 12 with § 11.38 and become part of the type occupant seated next to the structure. A passenger/crew and allowance for certification basis in accordance with conservative representation of the baggage and optional equipment. This § 21.17(a)(2), Amendment 21–69, structure and its stiffness must be airplane will have a maximum takeoff effective September 16, 1991. Special included in the tests. It is weight of 30,000 pounds with a conditions are initially applicable to the recommended, but not required, that the wingspan of 63.1 feet and will have two model for which they are issued. Should contact surface of this structure be aft-mounted Pratt & Whitney 306C the type certificate for that model be covered with at least two inches of engines. amended later to include any other energy absorbing protective padding Cessna Model 680 offers interior model that incorporates the same novel (foam or equivalent), such as Ensolite. arrangements, which include single- or unusual design feature, the special (c) Thoracic Trauma. Testing with a occupant side-facing seat installations. conditions would also apply to the other Side Impact Dummy (SID), as defined These seats are installed on the LH and model under the provisions of by 49 CFR part 572, subpart F, or its RH side of the cabin’s forward section, § 21.101(a)(1), Amendment 21–69, equivalent, must be conducted and TTI forward of and opposite to the entry effective September 16, 1991. injury criteria acquired with the SID door respectively. Dynamic testing of all must be less than 85, as defined in 49 seats approved for occupancy during Novel or Unusual Design Features CFR part 572, subpart F. Side Impact takeoff and landing is required by 14 The Cessna Model 680 offers interior Dummy TTI must be processed as CFR 25.562. The pass/fail criteria for the arrangements, which include single- defined in Federal Motor Vehicle Safety testing developed in Amendment 25–64 occupant side-facing seat installations. Standard (FMVSS) part 571.214, section to § 25.562 focused primarily on fore/aft These seats are installed on the LH and S6.13.5. Rational analysis, comparing an facing seats. Side facing seating RH side of the cabin’s forward section, installation with another installation installations were not adequately forward and opposite to the entry door where TTI data were acquired and addressed for transport category respectively. Dynamic testing of all seats found acceptable, may also be viable. airplane in this Amendment. approved for occupancy during takeoff (d) Pelvis. Pelvic lateral acceleration These special conditions are and landing is required by § 25.562. The must not exceed 130g, pelvic applicable to single-occupant side- pass/fail criteria for the testing acceleration data must be processed as facing seats only. They are not intended developed in Amendment 25–64 to defined in FMVSS part 571.214, section to be used for multiple-occupant side- § 25.562 focused primarily on fore/aft S6.13.5
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(f) Shoulder Strap Loads. Where covered with at least two inches of performed fatigue and crack growth upper torso straps (shoulder straps) are energy absorbing protective padding analyses of the wings of these airplanes, used for sofa occupants, tension loads in (foam or equivalent), such as Ensolite. and the Federal Aviation individual straps must not exceed 1,750 (c) Thoracic Trauma. Testing with a Administration (FAA) has evaluated pounds. If dual straps are used for Side Impact Dummy (SID), as defined this information and determined that a restraining the upper torso, the total by 49 CFR Part 572, Subpart F, or its wing spar modification is necessary as strap tension loads must not exceed equivalent, must be conducted and TTI well as periodic inspections. This 2,000 pounds. injury criteria acquired with the SID proposed AD would require you to must be less than 85, as defined in 49 repetitively inspect the wing spar caps Applicability CFR Part 572, Subpart F. SID TTI must for fatigue cracks with any necessary As discussed above, these special be processed as defined in Federal repair or replacement on all airplanes conditions are applicable to the Cessna Motor Vehicle Safety Standard (FMVSS) and incorporate a spar strap Model 680 Sovereign. Should Cessna Part 571.214, section S6.13.5. Rational modification on each wing spar on Aircraft Company apply at a later date analysis, comparing an installation with certain airplanes. The actions specified for a change to the type certificate to another installation where TTI data by this proposed AD are intended to include another model incorporating the were acquired and found acceptable, prevent wing spar cap failure due to same novel or unusual design feature, may also be viable. undetected fatigue cracks. Such failure the special conditions would apply to (d) Pelvis. Pelvic lateral acceleration could result in loss of a wing with that model as well under the provisions must not exceed 130g, pelvic consequent loss of airplane control. of § 21.101(a)(1), Amendment 21–69, acceleration data must be processed as DATES: The FAA must receive any effective September 16, 1991. defined in FMVSS Part 571.214, section comments on this proposed rule on or Conclusion S6.13.5 before August 8, 2003. (f) Shoulder Strap Loads. Where ADDRESSES: Submit comments to FAA, This action affects only certain novel upper torso straps (shoulder straps) are Central Region, Office of the Regional or unusual design features on the used for occupants, tension loads in Counsel, Attention: Rules Docket No. Cessna Model 680 Sovereign airplane. It individual straps must not exceed 1,750 2002–CE–05–AD, 901 Locust, Room is not a rule of general applicability, and pounds. If dual straps are used for 506, Kansas City, Missouri 64106. You it affects only the applicant who applied restraining the upper torso, the total may view any comments at this location to the FAA for approval of these features strap tension loads must not exceed between 8 a.m. and 4 p.m., Monday on the airplane. 2,000 pounds. through Friday, except Federal holidays. List of Subjects in 14 CFR Part 25 Issued in Renton, Washington, on May 5, You may also send comments Aircraft, Aviation safety, Reporting 2003. electronically to the following address: and recordkeeping requirements. Ali Bahrami, 9–ACE–7–[email protected]. Comments The authority citation for these Acting Manager, Transport Airplane sent electronically must contain special conditions is as follows: Directorate, Aircraft Certification Service. ‘‘Docket No. 2002–CE–05–AD’’ in the Authority: 49 U.S.C. 106(g), 40113, 44701, [FR Doc. 03–12043 Filed 5–14–03; 8:45 am] subject line. If you send comments 44702, 44704. BILLING CODE 4910–13–P electronically as attached electronic files, the files must be formatted in The Proposed Special Conditions Microsoft Word 97 for Windows or Accordingly, the Federal Aviation DEPARTMENT OF TRANSPORTATION ASCII text. Administration (FAA) proposes the You may get service information that following special conditions as part of Federal Aviation Administration applies to this proposed AD from the the type certification basis for the Cessna Aircraft Company, Product Cessna Aircraft Company Model 680 14 CFR Part 39 Support, PO Box 7706, Wichita, Kansas Sovereign airplanes. [Docket No. 2002–CE–05–AD] 67277; telephone: (316) 517–5800; The minimum acceptable standards of facsimile: (316) 942–9006. You may also RIN 2120–AA64 injury criteria and testing requirements view this information at the Rules for dynamic certification of the Model Airworthiness Directives; Cessna Docket at the address above. 680 side-facing single-occupant seats are Aircraft Company Models 401, 401A, FOR FURTHER INFORMATION CONTACT: Paul as follows: 401B, 402, 402A, 402B, 411, and 411A Nguyen, Aerospace Engineer, FAA, (a) Existing Criteria. As referenced by Airplanes Wichita Aircraft Certification Office, § 25.785(b), all injury protection criteria 1801 Airport Road, Mid-Continent of §§ 25.562(c)(1) through (c)(6) apply to AGENCY: Federal Aviation Airport, Wichita, Kansas 67209; the occupants of the side-facing seats. Administration, DOT. telephone: (316) 946–4125; facsimile: Head injury criteria (HIC) assessments ACTION: Notice of proposed rulemaking (316) 946–4107. are only required for head contact with (NPRM). SUPPLEMENTARY INFORMATION: the seat and/or adjacent structures. (b) Body-to-wall/furnishing contact. SUMMARY: This document proposes to Comments Invited The seat must be installed aft of a supersede Airworthiness Directive (AD) structure such as an interior wall or 79–10–15 R2, which applies to all How Do I Comment on This Proposed furnishing that will contact the pelvis, Cessna Aircraft Company (Cessna) AD? upper arm, chest, or head of an Models 401, 401A, 401B, 402, 402A, The FAA invites comments on this occupant seated next to the structure. A 402B, 411, and 411A airplanes. AD 79– proposed rule. You may submit conservative representation of the 10–15 R2 currently requires repetitive whatever written data, views, or structure and its stiffness must be inspections of the right and left wing arguments you choose. You need to included in the tests. It is spar lower cap areas for fatigue cracks include the rule’s docket number and recommended, but not required, that the and requires wing spar cap repair or submit your comments to the address contact surface of this structure must be replacement as necessary. Cessna has specified under the caption ADDRESSES.
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We will consider all comments received on analytical results, available test The FAA’s Determination and an on or before the closing date. We may data, and service information; Explanation of the Provisions of This amend this proposed rule in light of —Classical fatigue analyses; Proposed AD comments received. Factual information that supports your ideas and suggestions —Crack growth and residual strength What Has FAA Decided? is extremely helpful in evaluating the analyses including use of linear elastic fracture mechanics methods; After examining the circumstances effectiveness of this proposed AD action and reviewing all available information and determining whether we need to —Full-scale ground testing to validate related to the incidents described above, take additional rulemaking action. analytical models; and we have determined that: Are There Any Specific Portions of This —A flight strain survey to develop stress —Cessna’s analysis of the problems Proposed AD I Should Pay Attention to? spectra used in the analyses. with the eddy current inspection on The FAA specifically invites The inspections required by AD 79– the wing spar cap area on the Cessna comments on the overall regulatory, 10–15 R2 in accordance with Cessna 401, 402, and 411 series airplanes is economic, environmental, and energy Service Bulletin ME79–16, Revision 3, valid; aspects of this proposed rule that might are accomplished using a surface eddy —The unsafe condition referenced in suggest a need to modify the rule. You current inspection method. this document exists or could develop may view all comments we receive Based on the analysis, Cessna has before and after the closing date of the on these airplanes that are the same found that the eddy current method will type design; rule in the Rules Docket. We will file a not find the crack until it is .03 inch report in the Rules Docket that longer than the critical crack length. —The actions specified in the summarizes each contact we have with When the crack reaches the critical previously-referenced service the public that concerns the substantive length, it is not reliably detectable information should be accomplished parts of this proposed AD. because it is under the head of the on the affected airplanes; and How Can I Be Sure FAA Receives My fastener. Once the main spar cap is —AD action should be taken in order to Comment? severed, the remaining structure will no correct this unsafe condition. longer meet the residual strength If you want FAA to acknowledge the What Would This Proposed AD Require? requirements. Wing separation could receipt of your mailed comments, you must include a self-addressed, stamped then occur under loading conditions This proposed AD would supersede postcard. On the postcard, write significantly less than those established AD 79–10–15 R2 with a new AD that ‘‘Comments to Docket No. 2002–CE–05– for the design limit load. would require you to either (depending AD.’’ We will date stamp and mail the Cessna reported only one instance on the aircraft configuration): where cracks were detected using the postcard back to you. —For airplanes that do not incorporate nondestructive inspection (NDI) eddy one of certain Cessna Service Kits: Discussion current procedure. There are other repetitively inspect the wing spar Has FAA Taken Any Action to This reported instances where cracks were caps for fatigue cracks and repair or Point? detected visually in the wheel well area replace the wing spar caps as Reports of fatigue cracks on Cessna on the aft flange. The problem with visual inspections is the access doubler necessary and incorporate a spar strap 401, 402, and 411 series airplanes modification on each wing spar; or caused FAA to take AD action (AD 79– flanges cover a large percentage of the —For airplanes that incorporate one of 10–15 R2, Amendment 39–3711) to forward spar flange. This limits the certain Cessna Service Kits: require repetitive inspections of the effectiveness of the visual inspections. right and left wing spar lower cap areas To meet industry NDI standards, repetitively inspect the wing spar for fatigue cracks and to require wing cracks need to be found on Cessna caps for fatigue cracks and repair or spar cap repair or replacement as Models 401, 401A, 401B, 402, 402A, replace the wing spar caps as necessary. 402B, 411, and 411A airplanes through necessary. Accomplishment of the inspections NDI inspection methods with a 90- How Does the Revision to 14 CFR Part required by AD 79–10–15 R2 is required percent probability of detection at a 95- 39 Affect This Proposed AD? in accordance with Cessna Service percent confidence level. Bulletin ME79–16, Revision 3, dated Cessna’s analysis indicates that the On July 10, 2002, FAA published a February 8, 1980. probability and confidence levels are new version of 14 CFR part 39 (67 FR AD 79–10–15 R2 allowed for the not being met. 47997, July 22, 2002), which governs incorporation of Cessna Service Kit FAA’s AD system. This regulation now SK402–36 or SK411–56 on the front Is There Service Information That includes material that relates to special wing spar lower cap as terminating Applies to This Subject? flight permits, alternative methods of action for the repetitive inspections on compliance, and altered products. This the applicable wing. Cessna has issued the following: material previously was included in What Has Happened Since AD 79–10– —Service Bulletin MEB01–06 and each individual AD. Since this material 15 R2 To Initiate This Proposed Action? Service Kit SK402–46, both dated is included in 14 CFR part 39, we will September 24, 2001; and not include it in future AD actions. Since issuance of AD 79–10–15, Cessna has analyzed the wing, including —Service Bulletin MEB01–07 and Cost Impact fatigue and crack growth analyses, on Service Kit SK411–59, both dated September 24, 2001. How Many Airplanes Would This the affected airplanes. Analysis Proposed AD Impact? included: This service information includes —A determination of the probable procedures for inspecting and We estimate that this proposed AD location and modes of damage based modifying the lower wing spar caps. affects 400 airplanes in the U.S. registry.
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What Would Be the Cost Impact of This Proposed AD on Owners/Operators of the Affected Airplanes? We estimate the following costs to accomplish the proposed modification and initial inspection:
Total cost Total cost on Labor cost Parts cost per airplane U.S. operators
485 workhours × $60 per hour = $29,100 per $1,763 per airplane ...... $29,100 + $1,763 = $30,863 $30,863 × 400 = $12,345,200. airplane. per airplane.
The above figures do not take into economic impact, positive or negative, R2, Amendment 39–3711, and by account the cost of repetitive on a substantial number of small entities adding a new AD to read as follows: inspections. The FAA does not have any under the criteria of the Regulatory Cessna Aircraft Company: Docket No. 2002– way of determining the number of Flexibility Act. A copy of the draft CE–05–AD; Supersedes AD 79–10–15 repetitive inspections each owner/ regulatory evaluation prepared for this R2, Amendment 39–3711. operator would incur during the action has been placed in the Rules (a) What airplanes are affected by this AD? operating life of the affected airplanes. Docket. A copy of it may be obtained by This AD affects Models 401, 401A, 401B, Regulatory Impact contacting the Rules Docket at the 402, 402A, 402B, 411, and 411A airplanes, all location provided under the caption serial numbers, that are certificated in any Would This Proposed AD Impact ADDRESSES. category. Various Entities? List of Subjects in 14 CFR Part 39 (b) Who must comply with this AD? The regulations proposed herein Anyone who wishes to operate any of the would not have a substantial direct Air transportation, Aircraft, Aviation airplanes identified in paragraph (a) of this effect on the States, on the relationship safety, Safety. AD must comply with this AD. between the national government and The Proposed Amendment (c) What problem does this AD address? The actions specified by this AD are intended the States, or on the distribution of Accordingly, under the authority power and responsibilities among the to prevent wing spar cap failure due to delegated to me by the Administrator, undetected fatigue cracks. Such failure could various levels of government. Therefore, the Federal Aviation Administration it is determined that this proposed rule result in loss of a wing with consequent loss proposes to amend part 39 of the would not have federalism implications of airplane control. Federal Aviation Regulations (14 CFR (d) What actions must I accomplish to under Executive Order 13132. part 39) as follows: address this problem? To address this Would This Proposed AD Involve a problem, you must repetitively inspect the Significant Rule or Regulatory Action? PART 39—AIRWORTHINESS wing spar caps for fatigue cracks and repair DIRECTIVES or replace the wing spar caps as necessary For the reasons discussed above, I and incorporate a spar strap modification (as certify that this proposed action (1) is 1. The authority citation for part 39 specified) on each wing spar in accordance not a ‘‘significant regulatory action’’ continues to read as follows: with Cessna Service Bulletin MEB01–6 and under Executive Order 12866; (2) is not Authority: 49 U.S.C. 106(g), 40113, 44701. Cessna Service Kit SK402–46, both dated a ‘‘significant rule’’ under DOT September 24, 2001; or Cessna Service Regulatory Policies and Procedures (44 § 39.13 [Amended] Bulletin MEB01–7 and Cessna Service Kit FR 11034, February 26, 1979); and (3) if 2. FAA amends § 39.13 by removing SK411–59, both dated September 24, 2001, as promulgated, will not have a significant Airworthiness Directive (AD) 79–10–15 follows:
Initial and repetitive compliance times Affected airplanes
(1) Inspect and modify at whichever of the following that occurs later and repair Cessna Models 411 and 411A airplanes that do not incor- or replace as necessary prior to further flight after the inspection, unless al- porate Cessna Service Kit SK411–56, SK411–56A, or ready accomplished, and repetitively inspect at the intervals specified in para- SK411–56B. graphs (d)(3)(i), (d)(3)(ii), and (d)(3)(iii) of this AD: (i) Upon accumulating 5,500 hours time-in-service (TIS) on a wing spar; or (ii) Within the next 200 hours TIS after the effective date of this AD or 12 months after the effective date of this AD, whichever occurs first. (2) Inspect and modify at whichever of the following that occurs first and repair or Cessna Models 401, 401A, 401B, 402, 402A, and 402B air- replace as necessary prior to further flight after the inspection, unless already planes that do not incorporate Cessna Service or Kit accomplished, and repetitively inspect at the intervals specified in paragraphs SK402–36, SK402–36A, (SK402–36B, or SK402–36C. (d)(4)(i) and (d)(4)(ii) of this AD: (i) Upon accumulating 6,500 hours TIS on a wing spar; or (ii) Within the next 200 hours TIS after the effective date of this AD or 12 months after the effective date of this AD, whichever occurs first.
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Initial and repetitive compliance times Affected airplanes
(3) Inspect in the following areas (modification not required for these airplanes) Cessna Models 411 and 411A airplanes that incorporate and repair or replace as necessary prior to further flight after the inspection Cessna Service Kit SK411–56, SK411–56A, SK411–56B, where cracks are found. Inspection areas are defined in the Cessna Model 411 or SK411–59. This includes airplanes that had Cessna Supplemental Inspection Document (SID): Service Kit SK411–59 incorporated as required by para- (i) Area ‘‘A’’ (Inspection ID 57–10–11): Initially upon accumulating 5,400 hours graph (d)(1) of this AD. TIS after incorporating the applicable service kit on a wing spar or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, unless already accomplished, and thereafter at intervals not to exceed 2,500 hours TIS. (ii) Area ‘‘B’’ (Inspection ID 57–10–12): Initially upon accumulating 5,400 hours TIS after incorporating the applicable service kit on a wing spar or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, unless already accomplished, and thereafter at intervals not to exceed 1,000 hours TIS. (iii) Area ‘‘C’’ (Inspection ID 57–10–08): Upon accumulating 19,900 hours TIS after incorporating the applicable service kit on a wing spar or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, unless already accomplished, and thereafter at intervals not to exceed 2,000 hours TIS. (4) Inspect in the following areas (modification not required for these airplanes) Cessna Models 401, 401A, 401B, 402, 402A, and 402B air- and repair or replace as necessary prior to further flight after the inspection. In- planes that incorporate Cessna Service Kit SK402–36, spection areas are defined in the Cessna Model 401/402 Supplemental Inspec- SK402–36A, SK402–36B, SK402–36C, or SK402–46. This tion Document (SID): includes airplanes that had Cessna Service Kit SK402–46 (i) Area ‘‘A’’ (Inspection ID 57–10–11) and Area ‘‘B’’ (Inspection ID 57–10–12): incorporated as required by paragraph (d)(2) of this AD. Initially upon accumulating 7,400 hours TIS after incorporating the applicable service kit on a wing spar or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, unless already accomplished, and thereafter at intervals not to exceed 5,000 hours TIS. (ii) Area ‘‘C’’ (Inspection ID 57–10–08): Initially upon accumulating 19,900 hours TIS after incorporating the applicable service kit on a wing spar or within the next 100 hours TIS after the effective date of this AD, whichever occurs later, unless already accomplished, and thereafter at intervals not to exceed 2,500 hours TIS.
(e) Can I comply with this AD in any other Issued in Kansas City, Missouri, on May 9, cockpit heater option P05 or option P09 way? 2003. installed. This proposed AD would (1) To use an alternative method of James E. Jackson, require you to modify the cockpit and compliance or adjust the compliance time, Acting Manager, Small Airplane Directorate, cabin auxiliary heating wiring. This follow the procedures in 14 CFR 39.19. Send Aircraft Certification Service. proposed AD is the result of mandatory these requests to the Manager, Wichita [FR Doc. 03–12113 Filed 5–14–03; 8:45 am] continuing airworthiness information Aircraft Certification Office (ACO). For BILLING CODE 4910–13–P (MCAI) issued by the airworthiness information on any already approved authority for Germany. The actions alternative methods of compliance, contact specified by this proposed AD are Paul Nguyen, Aerospace Engineer, FAA, DEPARTMENT OF TRANSPORTATION intended to correct problems with the Wichita Aircraft Certification Office, 1801 current design of the heater wiring, Airport Road, Mid-Continent Airport, Federal Aviation Administration which could result in failure of the Wichita, Kansas 67209; telephone: (316) 946– auxiliary cabin heater. Such failure 4125; facsimile: (316) 946–4107. 14 CFR Part 39 could lead to overheating and smoke in (2) Alternative methods of compliance the cockpit. approved in accordance with AD 79–10–15 [Docket No. 2003–CE–20–AD] DATES: The Federal Aviation R2, which is superseded by this AD, are not RIN 2120–AA64 Administration (FAA) must receive any approved as alternative methods of comments on this proposed rule on or compliance with this AD. Airworthiness Directives; Dornier before June 23, 2003. (f) How do I get copies of the documents Luftfahrt GMBH Models 228–100, 228– ADDRESSES: referenced in this AD? You may get copies of 101, 228–200, 228–201, 228–202, and Submit comments to FAA, the documents referenced in this AD from 228–212 Airplanes Central Region, Office of the Regional the Cessna Aircraft Company, Product Counsel, Attention: Rules Docket No. Support, PO Box 7706, Wichita, Kansas AGENCY: Federal Aviation 2003–CE–20–AD, 901 Locust, Room 67277; telephone: (316) 517–5800; facsimile: Administration, DOT. 506, Kansas City, Missouri 64106. You (316) 942–9006. You may view these ACTION: Notice of proposed rulemaking may view any comments at this location documents at FAA, Central Region, Office of (NPRM). between 8 a.m. and 4 p.m., Monday the Regional Counsel, 901 Locust, Room 506, through Friday, except Federal holidays. Kansas City, Missouri 64106. SUMMARY: This document proposes to You may also send comments (g) Does this AD action affect any existing adopt a new airworthiness directive electronically to the following address: AD actions? This amendment supersedes AD (AD) that would apply to certain 9–ACE–7–[email protected]. Comments 79–10–15 R2, Amendment 39–3711. Dornier Luftfahrt GMBH (Dornier) sent electronically must contain Models 228–100, 228–101, 228–200, ‘‘Docket No. 2003–CE–20–AD’’ in the 228–201, 228–202, and 228–212 subject line. If you send comments airplanes that have electrical cabin/ electronically as attached electronic
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files, the files must be formatted in acknowledge the receipt of your mailed The FAA’s Determination and an Microsoft Word 97 for Windows or comments, you must include a self- Explanation of the Provisions of This ASCII text. addressed, stamped postcard. On the Proposed AD You may get service information that postcard, write ‘‘Comments to Docket applies to this proposed AD from No. 2003–CE–20–AD.’’ We will date What has FAA decided? The FAA has Dornier Luftfahrt GMBH, Customer stamp and mail the postcard back to examined the findings of the LBA; Support, P.O. Box 1103, D–82230 you. reviewed all available information, Wessling, Federal Republic of Germany; including the service information telephone: (08153) 300; facsimile: Discussion referenced above; and determined that: (08153) 304463. You may also view this What events have caused this —The unsafe condition referenced in information at the Rules Docket at the proposed AD? The Luftfahrt-Bundesamt this document exists or could devlop address above. (LBA), which is the airworthiness on other Dornier Models 228–100, FOR FURTHER INFORMATION CONTACT: Karl authority for Germany, recently notified 228–101, 228–200 and 228–201, 228– Schletzbaum, Aerospace Engineer, FAA, FAA that an unsafe condition may exist 202, and 228–212 airplanes of the Small Airplane Directorate, 901 Locust, on certain Dornier Models 228–100, same type design that are on the U.S. Room 301, Kansas City, Missouri 64106; 228–101, 228–200 and 228–201, 228– registry; telephone: (816) 329–4146; facsimile: 202, and 228–212 airplanes. The LBA —The actions specified in the (816) 329–4090. reports an occurrence of stuck contacts previously-referenced service SUPPLEMENTARY INFORMATION: of the power relay of the heating circuit information should be accomplished to the auxiliary cabin heater, Dornier on the affected airplanes; and Comments Invited option P05 or P09. How do I comment on this proposed What are the consequences if the —AD action should be taken in order to AD? The FAA invites comments on this condition is not corrected? Failure of the correct this unsafe condition. proposed rule. You may submit auxiliary cabin heater could lead to What would this proposed AD whatever written data, views, or overheating and smoke in the cockpit. require? This proposed AD would arguments you choose. You need to Is there service information that require you to incorporate the actions in include the proposed rule’s docket applies to this subject? Dornier has the previously-referenced service number and submit your comments to issued Service Bulletin No. 228–249, bulletin. the address specified under the caption Revision No. 1, dated November 19, How does the revision to 14 CFR part ADDRESSES. We will consider all 2001. 39 affect this proposed AD? On July 10, What are the provisions of this service comments received on or before the 2002, FAA published a new version of information? The service bulletin closing date. We may amend this 14 CFR part 39 (67 FR 47997, July 22, includes procedures for modifying the proposed rule in light of comments 2002), which governs FAA’s AD system. auxiliary cabin heater wiring. received. Factual information that This regulation now includes material What action did the LBA take? The supports your ideas and suggestions is that relates to special flight permits, LBA classified this service bulletin as extremely helpful in evaluating the alternative methods of compliance, and effectiveness of this proposed AD action mandatory and issued German AD altered products. This material and determining whether we need to Number 2002–264, dated September 19, previously was included in each take additional rulemaking action. 2002, in order to ensure the continued individual AD. Since this material is Are there any specific portions of this airworthiness of these airplanes in included in 14 CFR part 39, we will not proposed AD I should pay attention to? Germany. The FAA specifically invites comments Was this in accordance with the include it in future AD actions. on the overall regulatory, economic, bilateral airworthiness agreement? Cost Impact environmental, and energy aspects of These airplane models are this proposed rule that might suggest a manufactured in Germany and are type How many airplanes would this need to modify the rule. You may view certificated for operation in the United proposed AD impact? We estimate that all comments we receive before and States under the provisions of section this proposed AD affects 14 airplanes in after the closing date of the rule in the 21.29 of the Federal Aviation the U.S. registry. Rules Docket. We will file a report in Regulations (14 CFR 21.29) and the What would be the cost impact of this the Rules Docket that summarizes each applicable bilateral airworthiness proposed AD on owners/operators of the contact we have with the public that agreement. affected airplanes? We estimate the concerns the substantive parts of this Pursuant to this bilateral following costs to accomplish this proposed AD. airworthiness agreement, the LBA has proposed modification. We have no way How can I be sure FAA receives my kept FAA informed of the situation of determining the number of airplanes comment? If you want FAA to described above. that may need such modification:
Total cost Labor cost Parts cost per airplane
3 workhours × $60 per hour = $180 ...... $95. $275.
Regulatory Impact government and the States, or on the Would this proposed AD involve a distribution of power and significant rule or regulatory action? For Would this proposed AD impact responsibilities among the various the reasons discussed above, I certify various entities? The regulations levels of government. Therefore, it is that this proposed action (1) is not a proposed herein would not have a determined that this proposed rule ‘‘significant regulatory action’’ under substantial direct effect on the States, on would not have federalism implications Executive Order 12866; (2) is not a the relationship between the national under Executive Order 13132. ‘‘significant rule’’ under DOT
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Regulatory Policies and Procedures (44 the Federal Aviation Administration 228–200, 228–201, 228–202, and 228–212 FR 11034, February 26, 1979); and (3) if proposes to amend part 39 of the airplanes, all serial numbers, that are: promulgated, will not have a significant Federal Aviation Regulations (14 CFR (1) certificated in any category; and economic impact, positive or negative, part 39) as follows: (2) equipped with electrical cabin/cockpit on a substantial number of small entities heater option P05 or option P09 auxiliary under the criteria of the Regulatory PART 39—AIRWORTHINESS cabin heater(s) (32HA/35HA or 51HA/52HA). Flexibility Act. A copy of the draft DIRECTIVES (b) Who must comply with this AD? regulatory evaluation prepared for this Anyone who wishes to operate any of the action has been placed in the Rules 1. The authority citation for part 39 airplanes identified in paragraph (a) of this Docket. A copy of it may be obtained by continues to read as follows: AD must comply with this AD. contacting the Rules Docket at the Authority: 49 U.S.C. 106(g), 40113, 44701. (c) What problem does this AD address? location provided under the caption The actions specified by this AD are intended ADDRESSES. § 39.13 [Amended] to correct problems with the current design of the heater wiring, which could result in List of Subjects in 14 CFR Part 39 2. FAA amends § 39.13 by adding a failure of the auxiliary cabin heater. Such new airworthiness directive (AD) to Air transportation, Aircraft, Aviation failure could lead to overheating and smoke read as follows: safety, Safety. in the cockpit. Dornier Luftfahrt GMBH: Docket No. 2003– (d) What actions must I accomplish to The Proposed Amendment CE–20–AD. address this problem? To address this Accordingly, under the authority (a) What airplanes are affected by this AD? problem, you must accomplish the following: delegated to me by the Administrator, This AD affects Models 228–100, 228–101,
Actions Compliance Procedures
(1) Modify any installed cockpit and cabin auxil- Within the next 50 hours time-in-service (TIS) In accordance with Fairchild Dornier Dornier iary cabin heater (32HA/35HA or 51HA/ after the effective date of this AD, unless al- 228 Service Bulletin No. SB–228–249, Re- 52HA) heating wiring. ready accomplished. Removal from the air- vision No. 1, dated November 19, 2001, plane of any unmodified auxiliary cabin and following standard practices. heater (32HA/35HA or 51HA/52HA) or 51HA/52HA) is terminating action for this AD. (2) Do not install any auxiliary cabin heater As of the effective date of this AD ...... Not applicable. (32HA/35HA or 51HA/52HA) (or FAA-ap- proved equivalent part number) unless it has been modified as required in paragraph (d)(1) of this AD.
(e) Can I comply with this AD in any other Issued in Kansas City, Missouri, on May 9, forward, aft, and auxiliary wing spars way? To use an alternative method of 2003. for cracks, and repair or replacement as compliance or adjust the compliance time, James E. Jackson, necessary. Cessna has performed fatigue follow the procedures in 14 CFR 39.19. Send Acting Manager, Small Airplane Directorate, and crack growth analyses of the wings these requests to the Manager, Standards Aircraft Certification Service. of these airplanes, and the Federal Office, Small Airplane Directorate. For [FR Doc. 03–12112 Filed 5–14–03; 8:45 am] Aviation Administration (FAA) has information on any already approved BILLING CODE 4910–13–P evaluated this information and alternative methods of compliance, contact determined that a wing spar Karl Schletzbaum, Aerospace Engineer, FAA, modification and inspections are Small Airplane Directorate, 901 Locust, DEPARTMENT OF TRANSPORTATION necessary on the Model 414A airplanes Room 301, Kansas City, Missouri 64106; as well as the Model 402C airplanes. telephone: (816) 329–4146; facsimile: (816) Federal Aviation Administration This proposed AD would require you to 329–4090. inspect the wing spar caps for fatigue (f) How do I get copies of the documents 14 CFR Part 39 cracks with any necessary repair or referenced in this AD? You may get copies of [Docket No. 2002–CE–57–AD] replacement and to incorporate a spar the documents referenced in this AD from strap modification on each wing spar. Dornier Luftfahrt GmbH, Customer Support, RIN 2120–AA64 The actions specified by this proposed P.O. Box 1103, D–82230 Wessling, Federal Airworthiness Directives; Cessna AD are intended to prevent wing spar Republic of Germany; telephone: (08153) cap failure due to undetected fatigue 300; facsimile: (08153) 304463. You may Aircraft Company Models 402C and cracks. Such failure could result in loss view these documents at FAA, Central 414A Airplanes of a wing with consequent loss of Region, Office of the Regional Counsel, 901 AGENCY: Federal Aviation airplane control. Locust, Room 506, Kansas City, Missouri Administration, DOT. 64106. DATES: The Federal Aviation ACTION: Notice of proposed rulemaking Administration (FAA) must receive any Note: The subject of this AD is addressed (NPRM). in German AD Number 2002–264, dated comments on this proposed rule on or before August 8, 2003. September 19, 2002. SUMMARY: This document proposes to supersede Airworthiness Directive (AD) ADDRESSES: Submit comments to FAA, 2000–23–01, which applies to all Cessna Central Region, Office of the Regional Aircraft Company (Cessna) Model 402C Counsel, Attention: Rules Docket No. airplanes. AD 2000–23–01 currently 2002–CE–57–AD, 901 Locust, Room requires repetitive inspections of the 506, Kansas City, Missouri 64106. You
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may view any comments at this location No. 2002–CE–57–AD.’’ We will date nondestructive inspection (NDI) eddy between 8 a.m. and 4 p.m., Monday stamp and mail the postcard back to current procedure. There are other through Friday, except Federal holidays. you. reported instances where cracks were You may also send comments detected visually in the wheel well area Discussion electronically to the following address: on the aft flange. The problem with 9–ACE–7–[email protected]. Comments Has FAA taken any action to this visual inspections is the access doubler sent electronically must contain point? Reports of fatigue cracks on flanges cover a large percentage of the ‘‘Docket No. 2002–CE–57–AD’’ in the Cessna 401, 402, and 411 series forward spar flange. This limits the subject line. If you send comments airplanes caused FAA to take AD action effectiveness of the visual inspections. electronically as attached electronic (AD 79–10–15 R2, Amendment 39– To meet industry NDI standards, files, the files must be formatted in 3711) to require repetitive inspections of cracks need to be found on Cessna Microsoft Word 97 for Windows or the right and left wing spar lower cap Models 402C and 414A airplanes ASCII text. areas for fatigue cracks and to require through NDI inspection methods with a You may get service information that wing spar cap repair or replacement as 90-percent probability of detection at a applies to this proposed AD from the necessary. 95-percent confidence level. Cessna Aircraft Company, Product Cessna Models 402C and 414A Cessna’s analysis indicates that the Support, P.O. Box 7706, Wichita, airplanes incorporate a similar design to probability and confidence levels are Kansas 67277; telephone: (316) 517– those airplanes affected by AD 79–10– not being met. 5800; facsimile: (316) 942–9006. You 15 R2. We issued AD 2000–23–01, Is there service information that may also view this information at the Amendment 39–11971 (65 FR 70645, applies to this subject? Cessna has Rules Docket at the address above. November 27, 2000), to require issued Service Bulletin MEB02–05 and FOR FURTHER INFORMATION CONTACT: Paul repetitive inspections of the forward, Cessna Service Kit SK402–47, both Nguyen, Aerospace Engineer, FAA, aft, and auxiliary wing spars for cracks dated June 24, 2002. This service Wichita Aircraft Certification Office, on Cessna Models 402C airplanes with information includes procedures for 1801 Airport Road, Mid-Continent repair or replacement as necessary. inspecting and modifying the lower Airport, Wichita, Kansas 67209; There is no similar AD action wing spar caps. addressing the Model 414A airplanes. telephone: (316) 946–4125; facsimile: The FAA’s Determination and an (316) 946–4107. What has happened since AD 79–10– 15 R2 and AD 2000–23–01 to initiate Explanation of the Provisions of this SUPPLEMENTARY INFORMATION: this proposed action? Since issuance of Proposed AD Comments Invited AD 79–10–15 and AD 2000–23–01, What has FAA decided? After How do I comment on this proposed Cessna has analyzed the wing, including examining the circumstances and AD? The FAA invites comments on this fatigue and crack growth analyses, on reviewing all available information proposed rule. You may submit the affected airplanes. Analysis related to the incidents described above, whatever written data, views, or included: we have determined that: arguments you choose. You need to —A determination of the probable —Cessna’s analysis of the problems include the rule’s docket number and location and modes of damage based with the eddy current inspection on submit your comments to the address on analytical results, available test the wing spar cap area on the Cessna specified under the caption ADDRESSES. data, and service information; Models 401, 401A, 401B, 402A, 402B, We will consider all comments received —Classical fatigue analyses; 411, and 411A airplane is valid; on or before the closing date. We may —Crack growth and residual strength —The unsafe condition referenced in amend this proposed rule in light of analyses including use of linear this document also exists or could comments received. Factual information elastic fracture mechanics methods; develop on Cessna Models 402C and that supports your ideas and suggestions —Full-scale ground testing to validate 414A airplanes that are the same type is extremely helpful in evaluating the analytical models; and design; effectiveness of this proposed AD action —A Flight strain survey to develop —The actions specified in the and determining whether we need to stress spectra used in the analyses. previously-referenced service take additional rulemaking action. The inspections required by AD 79– information should be accomplished Are there any specific portions of this 10–15 R2 in accordance with Cessna on the affected airplanes; and proposed AD I should pay attention to? Service Bulletin ME79–16, Revision 3, —AD action should be taken in order to The FAA specifically invites comments are accomplished using a surface eddy correct this unsafe condition. on the overall regulatory, economic, current inspection method. What would this proposed AD environmental, and energy aspects of Based on the analysis, Cessna has require? This proposed AD would this proposed rule that might suggest a found that the eddy current method will supersede AD 2000–23–01 with a new need to modify the rule. You may view not find the crack until it is .03 inch AD that would apply to Cessna Models all comments we receive before and longer than the critical crack length. 402C and 414A airplanes and would after the closing date of the rule in the When the crack reaches the critical require you to: Rules Docket. We will file a report in length, it is not reliably detectable —Inspect the wing spar caps for fatigue the Rules Docket that summarizes each because it is under the head of the cracks; contact we have with the public that fastener. Once the main spar cap is —Repair or replace the wing spar caps concerns the substantive parts of this severed, the remaining structure will no as necessary; and proposed AD. longer meet the residual strength —Incorporate a spar strap modification How can I be sure FAA receives my requirements. Wing separation could on each wing spar. comment? If you want FAA to then occur under loading conditions How does the revision to 14 CFR part acknowledge the receipt of your mailed significantly less than those established 39 affect this proposed AD? On July 10, comments, you must include a self- for the design limit load. 2002, FAA published a new version of addressed, stamped postcard. On the Cessna reported only one instance 14 CFR part 39 (67 FR 47997, July 22, postcard, write ‘‘Comments to Docket where cracks were detected using the 2002), which governs FAA’s AD system.
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This regulation now includes material included in 14 CFR part 39, we will not What would be the cost impact of this that relates to special flight permits, include it in future AD actions. proposed AD on owners/operators of the alternative methods of compliance, and Cost Impact affected airplanes? We estimate the altered products. This material following costs to accomplish the previously was included in each How many airplanes would this proposed modification and initial individual AD. Since this material is proposed AD impact? We estimate that inspection: this proposed AD affects 656 airplanes in the U.S. registry.
Labor cost Parts cost Total cost per airplane Total cost on U.S. operators
485 workhours × $60 per hour = $14,000 per airplane ...... $29,100 + $14,000 = $43,100 per $43,100 × 656 = $28,273,600. $29,100 per airplane. airplane.
The above figures do not take into economic impact, positive or negative, § 39.13 [Amended] account the cost of repetitive on a substantial number of small entities ■ 2. FAA amends § 39.13 by removing inspections. The FAA does not have any under the criteria of the Regulatory Airworthiness Directive (AD) 2000–23– way of determining the number of Flexibility Act. A copy of the draft 01, Amendment 39–11971 (65 FR 70645, repetitive inspections each owner/ regulatory evaluation prepared for this November 27, 2000), and by adding a operator would incur during the action has been placed in the Rules new AD to read as follows: operating life of the affected airplanes. Docket. A copy of it may be obtained by Cessna Aircraft Company: Docket No. 2002- Regulatory Impact contacting the Rules Docket at the CE–57-AD; Supersedes AD 2000–23–01, location provided under the caption Amendment 39–11971. Would this proposed AD impact ADDRESSES. (a) What airplanes are affected by this AD? various entities? The regulations This AD affects Models 402C and 414A proposed herein would not have a List of Subjects in 14 CFR Part 39 airplanes, all serial numbers, that are substantial direct effect on the States, on certificated in any category. the relationship between the national Air transportation, Aircraft, Aviation (b) Who must comply with this AD? government and the States, or on the safety, Safety. Anyone who wishes to operate any of the airplanes identified in paragraph (a) of this distribution of power and The Proposed Amendment responsibilities among the various AD must comply with this AD. levels of government. Therefore, it is (c) What problem does this AD address? Accordingly, under the authority The actions specified by this AD are intended determined that this proposed rule delegated to me by the Administrator, to prevent wing spar cap failure due to would not have federalism implications the Federal Aviation Administration undetected fatigue cracks. Such failure could under Executive Order 13132. proposes to amend part 39 of the result in loss of a wing with consequent loss Would this proposed AD involve a Federal Aviation Regulations(14 CFR of airplane control. significant rule or regulatory action? For part 39) as follows: (d) What actions must I accomplish to the reasons discussed above, I certify address this problem? To address this that this proposed action (1) is not a PART 39—AIRWORTHINESS problem, you must inspect the wing spar ‘‘significant regulatory action’’ under caps for fatigue cracks and repair or replace DIRECTIVES the wing spar caps as necessary and Executive Order 12866; (2) is not a incorporate a spar strap modification on each ‘‘significant rule’’ under DOT ■ 1. The authority citation for part 39 wing spar in accordance with Cessna Service Regulatory Policies and Procedures (44 continues to read as follows: Bulletin MEB02–5, dated June 24, 2002, and FR 11034, February 26, 1979); and (3) if Cessna Service Kit SK402–47, dated June 24, promulgated, will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701. 2002, as follows:
Compliance times Affected airplanes
(1) Inspect and modify at whichever of the following that occurs later and repair or replace as Cessna Models 402C and 414A airplanes, se- necessary prior to further flight after the inspection, unless already accomplished (no repet- rial number 414A0001 through 414A0047 itive actions necessary): and 414A0049 through 414A0200. (i) Upon accumulating 8,500 hours time-in-service (TIS) on a wing spar; or. (ii) Within the next 500 hours TIS after the effective date of this AD or 12 months after the effective date of this AD, whichever occurs first. (2) Inspect and modify at whichever of the following that occurs first and repair or replace as Cessna Models 402C and 414A airplanes, se- necessary prior to further flight after the inspection, unless already accomplished (no repet- rial numbers 414A0201 through 414A1212. itive actions necessary): (i) Upon accumulating 14,500 hours TIS on a wing spar; or. (ii) Within the next 500 hours TIS after the effective date of this AD or 12 months after the effective date of this AD, whichever occurs first.
(e) Can I comply with this AD in any other information on any already approved (2) Alternative methods of compliance way? alternative methods of compliance, contact approved in accordance with AD 2000–23–01 (1) To use an alternative method of Paul Nguyen, Aerospace Engineer, FAA, and AD 99–11–13 are not approved as compliance or adjust the compliance time, Wichita Aircraft Certification Office, 1801 alternative methods of compliance with this follow the procedures in 14 CFR 39.19. Send Airport Road, Mid-Continent Airport, AD. these requests to the Manager, Wichita Wichita, Kansas 67209; telephone: (316) 946– (f) How do I get copies of the documents Aircraft Certification Office (ACO). For 4125; facsimile: (316) 946–4107. referenced in this AD? You may get copies of
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the documents referenced in this AD from petitioned DEA to decontrol DEA no longer considers it appropriate the Cessna Aircraft Company, Product fenfluramine. The fenfluramine product to remove fenfluramine from schedule Support, P.O. Box 7706, Wichita, Kansas Redux, an anorectic indicated for the IV. The health and safety concerns that 67277; telephone: (316) 517–5800; facsimile: management of exogenous obesity, was prompted the manufacturers’ voluntary (316) 942–9006. You may view these approved by the Food and Drug documents at FAA, Central Region, Office of withdrawal of fenfluramine from the the Regional Counsel, 901 Locust, Room 506, Administration (FDA) of the Department marketplace and DHHS’s subsequent Kansas City, Missouri 64106. of Health and Human Services (DHHS) codification of this withdrawal, see 21 (g) Does this AD action affect any existing for marketing in the United States in CFR 216.24, occurred after DEA’s AD actions? This amendment supersedes AD 1996. After receiving Interneuron’s proposed rulemaking was published. 2000–23–01, Amendment 39–11971. petition, and in accordance with the Based on these events, DEA has Issued in Kansas City, Missouri, on May 9, CSA requirements at 21 U.S.C. 811(b), determined that fenfluramine’s current 2003. DEA reviewed available data about placement in schedule IV should not be James E. Jackson, fenfluramine. On June 3, 1996, the altered. Accordingly, DEA withdraws DHHS Assistant Secretary of Health Acting Manager, Small Airplane Directorate, the proposed rule published in the Aircraft Certification Service. submitted a recommendation to DEA Federal Register on May 6, 1997 (62 FR that the substance be decontrolled. As a [FR Doc. 03–12111 Filed 5–14–03; 8:45 am] 24620) and hereby terminates this result of DEA’s review and DHHS’s rulemaking. BILLING CODE 4910–13–P recommendation, a notice of proposed Dated: May 2, 2003. rulemaking titled ‘‘Schedules of Controlled Substances: Proposed John B. Brown, III, DEPARTMENT OF JUSTICE Removal of Fenfluramine From the Acting Administrator. Controlled Substances Act’’ was [FR Doc. 03–12150 Filed 5–14–03; 8:45 am] Drug Enforcement Administration published on May 6, 1997 in the BILLING CODE 4410–09–P Federal Register (62 FR 24620). This 21 CFR Part 1308 notice of proposed rulemaking was in [Docket No. DEA–162W] direct response to Interneuron’s petition DEPARTMENT OF HOMELAND to decontrol fenfluramine. A sixty day SECURITY Schedules of Controlled Substances: comment period was provided during Proposed Removal of Fenfluramine which four comments were received, Coast Guard From the Controlled Substances Act; two in favor of the proposed action and Withdrawal of Proposed Rule two against decontrol. 33 CFR Part 165 On July 8, 1997, two months after the AGENCY: Drug Enforcement [CGD05–03–023] proposed rulemaking was published, Administration (DEA), Justice. FDA issued a public health advisory RIN 1625–AA00 ACTION: Withdrawal of proposed rule. regarding the use of fenfluramine, Safety and Security Zone; Cove Point SUMMARY: The Drug Enforcement especially in conjunction with phentermine (commonly known as ‘‘fen- Liquefied Natural Gas Terminal, Administration (DEA) is withdrawing a Chesapeake Bay, MD proposed rule that appeared in the phen’’), citing evidence of significant Federal Register of May 6, 1997 (62 FR side effects associated with AGENCY: Coast Guard, DHS. fenfluramine. FDA announced a 24620) and is terminating the ACTION: Notice of proposed rulemaking; rulemaking. The proposed rule would voluntary withdrawal by the pharmaceutical manufacturers of notice of public meeting; reopening of have removed fenfluramine from comment period. schedule IV of the Controlled fenfluramine (brand name Pondimin) Substances Act. The drug’s and dexfenfluramine (brand name SUMMARY: On March 20, 2003, the U.S. manufacturer has withdrawn its original Redux) from United States markets on Coast Guard Captain of the Port, petition that requested decontrol. DEA September 15, 1997. DHHS issued a Baltimore (COTP) published a notice of has determined that fenfluramine final rule on March 8, 1999 listing drug proposed rulemaking for revising a should remain in schedule IV due to the products that were withdrawn or safety and security zone for the Cove removed from the market because they withdrawal of the petition, the removal Point Liquefied Natural Gas Terminal. were found to be unsafe or not effective, of products containing the drug from the In response to that notice, the COTP including fenfluramine hydrochloride. United States marketplace, and the received requests for a public meeting to (64 FR 10944). This regulation is public health and safety concerns discuss the proposed rule. In this notice, codified at 21 CFR 216.24. the COTP is announcing a public expressed by the Department of Health In a February 27, 2003 letter meeting to receive comments regarding and Human Services that arose after addressed to DEA’s Acting the proposed safety and security zone publication of the proposed rule. Administrator, John B. Brown III, and is reopening the comment period FOR FURTHER INFORMATION CONTACT: Indevus Pharmaceuticals, Inc., formerly for this rulemaking. Frank Sapienza, Chief, Drug and known as Interneuron Pharmaceuticals, Chemical Evaluation Section, Drug Inc., wrote to withdraw its petition to DATES: The meeting will be held Enforcement Administration, decontrol fenfluramine because the Thursday, June 5, 2003, from 6 p.m. to Washington, DC 20537, (202) 307–7183. company no longer markets 9 p.m. Comments and related material SUPPLEMENTARY INFORMATION: In 1973, fenfluramine products in the United must reach the Coast Guard on or before fenfluramine, its salts, isomers and salts States. June 12, 2003. of isomers were placed into schedule IV As a result of the recent withdrawal ADDRESSES: The meeting location is: of the Controlled Substances Act (CSA), of the petition and the earlier removal The Holiday Inn, 155 Holiday Drive, 21 CFR 1308.14(d). On March 18, 1991, of the drug from the United States Solomon’s Island, Maryland. You may Interneuron Pharmaceuticals, Inc., the marketplace by FDA due to health and mail comments and related material to manufacturer of a fenfluramine product safety concerns, DEA now has reason to Commander, U.S. Coast Guard (dexfenfluramine, brand name Redux), reconsider its proposed rulemaking. Activities, 2401 Hawkins Point Road,
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Building 70, Port Safety, Security and Information on Services for Individuals will not institute a second comment Waterways Management Branch, With Disabilities period on this action. Any parties Baltimore, Maryland, 21226–1791. The For information on facilities or interested in commenting must do so at Port Safety, Security and Waterways services for individuals with this time. Please note that if EPA Management Branch of Coast Guard disabilities, or to request assistance at receives adverse comment on an Activities Baltimore maintains the the meeting, contact Commander amendment, paragraph, or section of public docket, CGD05–03–023, for this Gordon Loebl listed under FOR FURTHER this rule and if that provision may be rulemaking. Comments and material INFORMATION CONTACT as soon as severed from the remainder of the rule, received from the public, as well as possible. EPA may adopt as final those provisions documents indicated in this preamble as of the rule that are not the subject of an being available in the docket, will Dated: May 5, 2003. adverse comment. Roger B. Peoples, become part of this docket and will be DATES: Comments must be received in available for inspection or copying at Captain, Coast Guard, Captain of the Port, writing on or before June 16, 2003. Baltimore, MD. Commander, U.S. Coast Guard ADDRESSES: [FR Doc. 03–12050 Filed 5–14–03; 8:45 am] Written comments may be Activities, 2401 Hawkins Point Road, mailed to Richard R. Long, Director, Air BILLING CODE 4910–15–P Building 70, Port Safety, Security and and Radiation Program, Mailcode 8P– Waterways Management Branch, AR, Environmental Protection Agency Baltimore, Maryland, 21226–1791 (EPA), Region 8, 999 18th Street, Suite ENVIRONMENTAL PROTECTION between 9 a.m. and 3 p.m., Monday 300, Denver, Colorado, 80202. Copies of AGENCY through Friday, except Federal holidays. the documents relevant to this action FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 are available for public inspection Commander Gordon Loebl at U.S. Coast during normal business hours at the Air Guard Activities Baltimore (410) 576– [SIP NO. UT–001–0052b; FRL–7483–5] and Radiation Program, Environmental 2526. Protection Agency, Region 8, 999 18th Approval and Promulgation of Air SUPPLEMENTARY INFORMATION: Street, Suite 300, Denver, Colorado, Quality Implementation Plans; State of 80202. Copies of the State documents Utah; Continuous Emission Monitoring Background Information relevant to this action are available for Program On March 20, 2003, the Coast Guard public inspection at the Utah published a notice of proposed AGENCY: Environmental Protection Department of Environmental Quality, rulemaking entitled ‘‘Safety and Agency (EPA). Division of Air Quality, 150 North 1950 Security Zone; Cove Point Liquefied ACTION: Proposed rule. West, Salt Lake City, Utah 84114. Natural Gas Terminal, Chesapeake Bay, FOR FURTHER INFORMATION CONTACT: Maryland. (68 FR 13647). The Coast SUMMARY: EPA is proposing to take Laurel Dygowski , EPA, Region 8, (303) Guard received several requests for direct final action approving State 312–6144. public meetings before the comment Implementation Plan (SIP) revisions SUPPLEMENTARY INFORMATION: See the submitted by the Governor of Utah on period closed on April 21, 2003. The information provided in the Direct Final September 7, 1999 and February 11, Captain of the Port has decided that a action of the same title which is located 2003. The September 7, 1999 submittal public meeting is in the public’s interest in the Rules and Regulations Section of revises Utah’s Air Conservation and is therefore issuing this notice to this Federal Register. advise the public of the time and place Regulations (UACR) by repealing and re- of the meeting, and of the reopening of enacting the Continuous Emission Authority: 42 U.S.C. 7401 et seq. the comment period. Monitoring Program (CEM) rule in order Dated: April 3, 2003. to clarify the requirements of the rule. Public Meeting Robert E. Roberts, The February 11, 2003 submittal makes Regional Administrator, Region 8. The public meeting will be held June additional revisions to the CEM rule to [FR Doc. 03–12030 Filed 5–14–03; 8:45 am] 5, 2003, from 6 p.m. to 9 p.m., at the make it in agreement with Federal Holiday Inn, 155 Holiday Drive, regulations and the Clean Air Act BILLING CODE 6560–50–P Solomon’s Island, Maryland. (CAA). The intended effect of this action Attendance is open to the public. is to make the CEM rule federally ENVIRONMENTAL PROTECTION During this meeting, the Coast Guard enforceable. This action is being taken AGENCY will receive comments from the public under section 110 of the CAA. on the proposed rule for the safety and In the ‘‘Rules and Regulations’’ 40 CFR Parts 52 and 81 security zone. section of this Federal Register, EPA is With advance notice, members of the approving the State’s SIP revision as a [CO–001–0070b; FRL–7489–3] public may provide oral statements. direct final rule without prior proposal Approval and Promulgation of Air Oral statements will be limited to five because the Agency views this as a Quality Implementation Plan; minutes. Persons wishing to make oral noncontroversial SIP revision and Colorado; Designation of Area for Air statements should notify Commander anticipates no adverse comments. A Quality Planning Purposes, Aspen Gordon Loebl listed under FOR FURTHER detailed rationale for the approval is set INFORMATION CONTACT no later than two forth in the preamble to the direct final AGENCY: Environmental Protection days before the meeting. rule. If EPA receives no adverse Agency (EPA). Written comments may be submitted comments, EPA will not take further ACTION: Proposed rule. to the docket under ADDRESSES 30 action on this proposed rule. If EPA minutes before, during, or up to one receives adverse comments, EPA will SUMMARY: EPA is proposing to approve week after the meeting. You may also withdraw the direct final rule and it will a State Implementation Plan (SIP) submit written comments directly to not take effect. EPA will address all revision submitted by the Governor of Coast Guard personnel at the public public comments in a subsequent final the State of Colorado on November 9, meeting. rule based on this proposed rule. EPA 2001, for the purpose of redesignating
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the Aspen, Colorado area from and Environment, Air Quality Control performers; those who go beyond nonattainment to attainment for Commission, 4300 Cherry Creek Drive compliance with regulatory particulate matter with an aerodynamic South, Denver, Colorado 80246–1530. requirements to attain levels of diameter less than or equal to a nominal FOR FURTHER INFORMATION CONTACT: environmental performance and 10 micrometers (PM10) under the 1987 Libby Faulk, EPA, Region VIII, (303) management that provide greater benefit standards. The Governor’s submittal, 312–6083. to people, communities, and the among other things, documents that the SUPPLEMENTARY INFORMATION: See the environment. Aspen area has attained the PM 10 information provided in the Direct Final DATES: Comments. Submit comments on national ambient air quality standards action of the same title which is located or before July 14, 2003. (NAAQS), requests redesignation to in the Rules and Regulations section of Public Hearing. If anyone contacts the attainment, and includes a maintenance this Federal Register. EPA requesting to speak at a public plan for the area demonstrating hearing by June 5, 2003, a public maintenance of the PM NAAQS for 10 Authority: 42 U.S.C. 7401 et seq. 10 hearing will be held on June 12, 2003. years. EPA is proposing to approve this Dated: April 18, 2003. redesignation request and maintenance Robert E. Roberts, ADDRESSES: Comments. The official public docket is the collection of plan because Colorado has met the Regional Administrator, Region 8. materials that is available for public applicable requirements of the Clean Air [FR Doc. 03–12025 Filed 5–14–03; 8:45 am] Act (CAA), as amended. Subsequent to viewing at the EPA Docket Center (EPA/ BILLING CODE 6560–50–P this approval, the Aspen area would be DC), EPA West, Room B102, 1301 designated attainment for the PM10 Constitution Ave., NW., Washington, DC. NAAQS. This action is being taken ENVIRONMENTAL PROTECTION under sections 107, 110, and 175A of AGENCY Public Hearing. If a public hearing is the Clean Air Act. In the ‘‘Rules and requested, it will be held at the new Regulations’’ section of this Federal 40 CFR Part 63 EPA facility complex in Research Register, EPA is approving the State’s Triangle Park, NC at 10 a.m. Persons [Docket ID No. OAR–2002–0044; FRL interested in attending the hearing or SIP revision as a direct final rule –7497–8] without prior proposal because the wishing to present oral testimony Agency views this as a noncontroversial RIN 2060–AF31 should notify Dorothy Apple, Policy, SIP revision and anticipates no adverse Planning, and Standards Group (MD- comments. A detailed rationale for the National Emission Standards for C439–04), U.S. EPA, Research Triangle approval is set forth in the preamble to Hazardous Air Pollutants for Source Park, NC 27711, telephone (919) 541– the direct final rule. If EPA receives no Categories: General Provisions 4487 at least 2 days in advance of the hearing. adverse comments, EPA will not take AGENCY: Environmental Protection further action on this proposed rule. If Agency (EPA). FOR FURTHER INFORMATION CONTACT: EPA receives adverse comments, EPA Steve Fruh, Policy, Planning, and ACTION: Proposed rule; amendments. will withdraw the direct final rule and Standards Group (MD–C439–04), it will not take effect. EPA will address SUMMARY: On March 16, 1994, the EPA Emission Standards Division, Office of all public comments in a subsequent promulgated General Provisions for Air Quality Planning and Standards, final rule based on this proposed rule. national emission standards for U.S. EPA, Research Triangle Park, NC EPA will not institute a second hazardous air pollutants (NESHAP) and 27711, telephone (919) 541–2837, comment period on this action. Any other regulatory requirements that are electronic mail (e-mail) address, parties interested in commenting must established under section 112 of the [email protected]. do so at this time. Please note that if Clean Air Act (CAA). On April 5, 2002, SUPPLEMENTARY INFORMATION: Regulated EPA receives adverse comment on an we amended the General Provisions to Entities. Categories and entities amendment, paragraph, or section of revise and clarify several of the potentially affected by this action this and if that provision may be requirements. In this action, we are include all source categories listed severed from the remainder of the rule, proposing additional amendments that pursuant to section 112(c) and (k) of the EPA may adopt as final those provisions would provide regulatory relief, where CAA: of the rule that are not the subject of an appropriate, to facilities that use adverse comment. pollution prevention (P2) to achieve and Industry Group: Source Categories DATES: Comments must be received in maintain hazardous air pollutant (HAP) With Major and Area Sources writing on or before June 16, 2003. emissions reductions equivalent to or Fuel Combustion ADDRESSES: Written comments may be better than the maximum achievable mailed to Richard R. Long, Director, Air control technology (MACT) level of Combustion Turbines and Radiation Program, Mailcode 8P– control required under applicable Engine Test Facilities AR, Environmental Protection Agency NESHAP. Industrial Boilers (EPA), Region VIII, 999 18th Street, We are proposing these amendments Process Heaters Suite 300, Denver, Colorado, 80202. to encourage and promote pollution Reciprocating Internal Combustion Copies of the documents relevant to this prevention, which is our strategy of first Engines action are available for public choice for reducing HAP emissions. Rocket Testing Facilities inspection during normal business EPA is also proposing additional Non-Ferrous Metals Processing hours at the Air and Radiation Program, incentives specifically designed for, and Environmental Protection Agency, only available to, facilities that are Primary Aluminum Production Region VIII, 999 18th Street, Suite 300, members of the National Environmental Primary Copper Smelting Denver, Colorado, 80202. Copies of the Performance Track program Primary Lead Smelting State documents relevant to this action (Performance Track). The Performance Primary Magnesium Refining are available for public inspection at the Track program recognizes and Secondary Aluminum Production Colorado Department of Public Health encourages top environmental Secondary Lead Smelting
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Ferrous Metals Processing Off-Site Waste and Recovery Operations Reinforced Plastic Composites Coke By-Product Plants Publicly Owned Treatment Works Production Coke Ovens: Charging, Top Side, and (POTW) Emissions Styrene-Acrylonitrile Production Door Leaks Sewage Sludge Incineration Styrene-Butadiene Rubber and Latex Coke Ovens: Pushing, Quenching, Site Remediation Production Solid Waste Treatment, Storage and Battery Stacks Production of Inorganic Chemicals Ferroalloys Production: Disposal Facilities (TSDF) Ammonium Sulfate Production— Silicomanganese and Ferromanganese Agricultural Chemicals Production Caprolactam By-Product Plants Integrated Iron and Steel Manufacturing Iron Foundries Electric Arc Furnace Pesticide Active Ingredient Production Carbon Black Production Chlorine Production (EAF) Operation Fibers Production Processes Steel Foundries Cyanide Chemicals Manufacturing Acrylic Fibers/Modacrylic Fibers Steel Pickling—HCl Process Facilities Fumed Silica Production Production and Hydrochloric Acid Regeneration Hydrochloric Acid Production Rayon Production Hydrogen Fluoride Production Mineral Products Processing Spandex Production Phosphate Fertilizers Production Phosphoric Acid Manufacturing Alumina Processing Food and Agriculture Processes Asphalt Concrete Manufacturing Uranium Hexafluoride Production Manufacturing of Nutritional Yeast Asphalt Processing Cellulose Food Casing Manufacturing Production of Organic Chemicals Asphalt Roofing Manufacturing Vegetable Oil Production Asphalt/Coal Tar Application—Metal Ethylene Processes Quaternary Ammonium Compounds Pipes Pharmaceutical Production Processes Clay Products Manufacturing Production Pharmaceuticals Production Lime Manufacturing Synthetic Organic Chemical Mineral Wool Production Polymers and Resins Production Miscellaneous Processes Portland Cement Manufacturing Acetal Resins Production Refractories Manufacturing Benzyltrimethylammonium Chloride Acrylonitrile-Butadiene-Styrene Production Taconite Iron Ore Processing Production Wool Fiberglass Manufacturing Butadiene Dimers Production Alkyd Resins Production Carbonyl Sulfide Production Petroleum and Natural Gas Production Amino Resins Production Cellulosic Sponge Manufacturing and Refining Boat Manufacturing Chelating Agents Production Butyl Rubber Production Oil and Natural Gas Production Chlorinated Paraffins Carboxymethylcellulose Production Natural Gas Transmission and Storage Chromic Acid Anodizing Petroleum Refineries—Catalytic Cellophane Production Commercial Dry Cleaning Cellulose Ethers Production Cracking (Fluid and other) Units, (Perchloroethylene)—Transfer Epichlorohydrin Elastomers Production Catalytic Reforming Units, and Sulfur Machines Epoxy Resins Production Plant Units Commercial Sterilization Facilities Ethylene-Propylene Rubber Production Petroleum Refineries—Other Sources Decorative Chromium Electroplating Flexible Polyurethane Foam Production Not Distinctly Listed Dry Cleaning (Petroleum Solvent) Hypalon (tm) Production Ethylidene Norbornene Production Liquids Distribution Maleic Anhydride Copolymers Explosives Production Gasoline Distribution (Stage 1) Production Flexible Polyurethane Foam Fabrication Marine Vessel Loading Operations Methylcellulose Production Operations Organic Liquids Distribution (Non- Methyl Methacrylate-Acrylonitrile- Friction Products Manufacturing Gasoline) Butadiene-Styrene Production Halogenated Solvent Cleaners Methyl Methacrylate-Butadiene-Styrene Hard Chromium Electroplating Surface Coating Processes Terpolymers Production Hydrazine Production Aerospace Industries Neoprene Production Industrial Cleaning Auto and Light Duty Truck Nitrile Butadiene Rubber Production (Perchloroethylene)—Dry-to-dry Large Appliance Nitrile Resins Production Machines Magnetic Tapes Non-Nylon Polyamides Production Industrial Dry Cleaning Manufacture of Paints, Coatings, and Phenolic Resins Production (Perchloroethylene)—Transfer Adhesives Polybutadiene Rubber Production Machines Metal Can Polycarbonates Production Industrial Process Cooling Towers Metal Coil Polyester Resins Production Leather Tanning and Finishing Metal Furniture Polyether Polyols Production Operations Miscellaneous Metal Parts and Products Polyethylene Terephthalate Production OBPA/1,3-Diisocyanate Production Paper and Other Webs Polymerized Vinylidene Chloride Paint Stripping Operations Plastic Parts and Products Production Photographic Chemicals Production Printing, Coating, and Dyeing of Fabrics Polymethyl Methacrylate Resins Phthalate Plasticizers Production Printing/Publishing Production Plywood and Composite Wood Products Shipbuilding and Ship Repair Polystyrene Production Polyether Polyols Production Wood Building Products Polysulfide Rubber Production Pulp and Paper Production Wood Furniture Polyvinyl Acetate Emulsions Production Rubber Chemicals Manufacturing Polyvinyl Alcohol Production Rubber Tire Manufacturing Waste Treatment and Disposal Polyvinyl Butyral Production Semiconductor Manufacturing Hazardous Waste Incineration Polyvinyl Chloride and Copolymers Symmetrical Tetrachloropyridine Municipal Landfills Production Production
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Categories With Area Sources Only and comment system, EPA Dockets. You Please ensure that your comments are Agriculture Chemicals & Pesticides may use EPA Dockets at http:// submitted within the specified comment Manufacturing www.epa.gov/edocket/ to submit or period. Comments submitted after the Autobody Refinishing Paint Shops view public comments, access the index close of the comment period will be Cadmium Refining & Cadmium Oxide of the contents of the official public marked ‘‘late.’’ EPA is not required to Production docket, and to access those documents consider these late comments. Electronically. If you submit an Cyclic Crude and Intermediate in the public docket that are available electronic comment as prescribed Production electronically. Once in the system, below, EPA recommends that you Hospital Sterilizers select ‘‘search’’ and key in the Industrial Inorganic Chemical appropriate docket identification include your name, mailing address, and an e-mail address or other contact Manufacturing number. Industrial Organic Chemical Certain types of information will not information in the body of your be placed in the EPA Dockets. comment. Also include this contact Manufacturing Lead and Acid Battery Manufacturing Information claimed as confidential information on the outside of any disk Medical Waste Incinerators business information (CBI) and other or CD ROM you submit and in any cover Mercury Cell Chlor-Alkali Plants information whose disclosure is letter accompanying the disk or CD Miscellaneous Organic Chemical restricted by statute, which is not ROM. This ensures that you can be Manufacturing (MON) included in the official public docket, identified as the submitter of the Municipal Waste Combustors will not be available for public viewing comment and allows EPA to contact you Other Solid Waste Incinerators (Human/ in EPA’s electronic public docket. The in case EPA cannot read your comment Animal Cremation) EPA’s policy is that copyrighted due to technical difficulties or needs Plastic Materials and Resins material will not be placed in EPA’s further information on the substance of Manufacturing electronic public docket but will be your comment. EPA’s policy is that EPA Plating and Polishing available only in printed, paper form in will not edit your comment, and any Pressed and Blown Glass & Glassware the official public docket. Although not identifying or contact information Manufacturing all docket materials may be available provided in the body of a comment will Secondary Copper Smelting electronically, you may still access any be included as part of the comment that Secondary Nonferrous Metals of the publicly available docket is placed in the official public docket Stainless and Nonstainless Steel materials through the docket facility and made available in EPA’s electronic Manufacturing Electric Arc Furnaces previously identified in this document. public docket. If EPA cannot read your For public commenters, it is (EAF) comment due to technical difficulties important to note that EPA’s policy is Stationary Internal Combustion Engines and cannot contact you for clarification, that public comments, whether Synthetic Rubber Manufacturing EPA may not be able to consider your submitted electronically or in paper, Wood Preserving comment. will be made available for public Your use of EPA’s electronic public This list is not intended to be viewing in EPA’s electronic public docket to submit comments to EPA exhaustive, but rather provides a guide docket as EPA receives them and electronically is EPA’s preferred method for readers regarding entities likely to be without change, unless the comment for receiving comments. Go directly to regulated by this action. To determine contains copyrighted material, CBI, or EPA Dockets at http://www.epa.gov/ whether your facility is regulated by this other information whose disclosure is edocket, and follow the online action, you should examine your source restricted by statute. When EPA instructions for submitting comments. category-specific section 112 regulation. identifies a comment containing Once in the system, select ‘‘search’’ and Additional information on the listing of copyrighted material, EPA will provide key in Docket ID No. OAR–2002–0044, source categories is available at http:// a reference to that material in the Category VI, Part 63 General Provisions www.epa.gov/ttn/atw/socatlst/ version of the comment that is placed in (Subpart A) Pollution Prevention socatpg.html. If you have any questions EPA’s electronic public docket. The Compliance Alternative Amendments. regarding the applicability of this action entire printed comment, including the The system is an ‘‘anonymous access’’ to a particular entity, consult the person copyrighted material, will be available system, which means EPA will not listed in the preceding FOR FURTHER in the public docket. know your identity, e-mail address, or INFORMATION CONTACT section. Public comments submitted on other contact information unless you Docket. EPA has established an computer disks that are mailed or provide it in the body of your comment. official public docket for this action delivered to the docket will be Comments may be sent by electronic under Docket ID No. OAR–2002–0044. transferred to EPA’s electronic public mail (e-mail) to air-and-r- The official public docket is the docket. Public comments that are [email protected], Attention Docket ID collection of materials that is available mailed or delivered to the docket will be No. OAR–2002–0044, Category VI, Part for public viewing in the General scanned and placed in EPA’s electronic 63 General Provisions (Subpart A) Provisions Docket at the EPA Docket public docket. Where practical, physical Pollution Prevention Compliance Center (Air Docket), EPA West, Room objects will be photographed, and the Alternative Amendments. In contrast to B–108, 1301 Constitution Avenue, NW., photograph will be placed in EPA’s EPA’s electronic public docket, EPA’s e- Washington, DC 20004. The Docket electronic public docket along with a mail system is not an ‘‘anonymous Center is open from 8:30 a.m. to 4:30 brief description written by the docket access’’ system. If you send an e-mail p.m., Monday through Friday, excluding staff. comment directly to the docket without legal holidays. The telephone number Comments. You may submit going through EPA’s electronic public for the reading room is (202) 566–1744 comments electronically, by mail, by docket, EPA’s e-mail system and the telephone number for the Air facsimile, or through hand delivery/ automatically captures your e-mail Docket is (202) 566–1742. courier. To ensure proper receipt by address. E-mail addresses that are Electronic Access. An electronic EPA, identify the appropriate docket automatically captured by EPA’s e-mail version of the public docket is available identification number in the subject line system are included as part of the through EPA’s electronic public docket on the first page of your comment. comment that is placed in the official
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public docket and made available in policy and guidance page for newly I. Summary of Proposed Action EPA’s electronic public docket. proposed rules at http://www.epa.gov/ We are proposing to amend the You may submit comments on a disk ttn/oarpg. The TTN provides NESHAP General Provisions in 40 CFR or CD ROM that you mail to the mailing information and technology exchange in part 63, subpart A. The individual address identified in this document. various areas of air pollution control. If NESHAP (which are frequently referred These electronic submissions will be more information regarding the TTN is to as MACT standards) are codified as accepted in WordPerfect or ASCII file needed, call the TTN HELP line at (919) subparts within 40 CFR part 63. We are format. Avoid the use of special 541–5384. proposing two options: characters and any form of encryption. Concurrent Rulemaking: In a • By Mail. Send your comments (in Option 1: If a facility completely duplicate, if possible) to: General proposed rule dated August 13, 2002 (67 eliminates all HAP emissions from all Provisions Docket, Category VI, Part 63 FR 52674), EPA solicited comments on sources of emissions regulated by the General Provisions (Subpart A) the incentives designed for Performance subpart, it could request to no longer be Pollution Prevention Compliance Track member facilities. These proposed subject to that subpart. This option Alternative Amendments, EPA Docket amendments contain additional would be available only where the Center (Air Docket), U.S. EPA West incentives for Performance Track subpart does not already require (MD–6102T), Room B–108, 1200 member facilities. Persons interested in complete elimination of HAP emissions Pennsylvania Avenue, NW., doing so are encouraged to comment on from any of the regulated sources of the additional incentives as they emissions. Washington, DC 20460, Attention • Docket ID No. OAR–2002–0044. specifically relate to the MACT Option 2: If a facility uses P2 to By Hand Delivery or Courier. Deliver incentives in the Performance Track reduce HAP emissions either to the your comments (in duplicate, if proposed rule. It is EPA’s intent to level required by the subpart, or below, possible) to: EPA Docket Center, Room finalize both proposed rules as they it could request ‘‘P2 alternative B–108, U.S. EPA West, 1301 relate to the NESHAP General compliance requirements.’’ The Constitution Avenue, NW., Washington, Provisions in one final rulemaking. In alternative compliance requirements DC 20004, Attention Docket ID No. the final rule, EPA intends to reconcile would include monitoring, OAR–2002–0044, Category VI, Part 63 the two different definitions of recordkeeping, reporting, and/or other General Provisions (Subpart A) ‘‘pollution prevention’’ and ‘‘source at a requirements which match the P2 Pollution Prevention Compliance Performance Track member facility’’ as measures implemented by the facility. Alternative Amendments. Such they appear in these proposed Alternative emission limits could not be deliveries are only accepted during the amendments and in the Performance included. If approved, the alternative Docket Center’s normal hours of Track proposed rule by adopting the compliance requirements would replace operation as identified in this definitions contained in these proposed specified requirements in the subpart. document. amendments. This option would be available for any By Facsimile. Fax your comments to: Outline. The information presented in regulated portion of the facility; it (202) 566–1741, Attention General this preamble is organized as follows: would not be necessary for the facility Provisions Docket, Category VI, Part 63 to implement P2 on every source of General Provisions (Subpart A) I. Summary of Proposed Action emissions that is subject to the subpart. II. Background Pollution Prevention Compliance Under this option, the facility would III. Proposed Amendments to the Part 63 Alternative Amendments, Docket ID No. General Provisions remain subject to the subpart, but some OAR–2002–0044. A. Definitions of the requirements would be changed. CBI. Do not submit information that B. Option 1: Facilities that Implement Either option would be effective only you consider to be CBI through EPA’s Pollution Prevention to Eliminate HAP as long as the facility continued to use electronic public docket or by e-mail. Emissions Subject to Regulation under a the P2 measures and to eliminate or Send or deliver information identified NESHAP Subpart reduce HAP emissions as described in as CBI only to the following address: C. Option 2: Facilities that Implement the approved request. If the facility Roberto Morales, OAQPS Document Pollution Prevention to Reduce HAP discontinued the P2 measures or failed Control Officer (MD–C404–02), Emissions to at Least the Level of a to eliminate or reduce HAP emissions as Attention Steve Fruh, U.S. EPA, NESHAP Subpart approved, all applicable requirements of Research Triangle Park, NC 27709, IV. Statutory and Executive Order Reviews the subpart would again apply A. Executive Order 12866, Regulatory Attention Docket ID No. OAR–2002– immediately, and the facility would be Planning and Review 0044. You may claim information that B. Paperwork Reduction Act required to comply beginning on that you submit to EPA as CBI by marking C. Regulatory Flexibility Act (RFA), as date. any part or all of that information as CBI Amended by the Small Business We are also proposing additional (if you submit CBI on disk or CD ROM, Regulatory Enforcement Fairness Act of incentives for sources at facilities that mark the outside of the disk or CD ROM 1996 (SBREFA), 5 U.S.C. 601 et seq. are members of the Performance Track as CBI and then identify electronically D. Unfunded Mandates Reform Act of 1995 program. within the disk or CD ROM the specific E. Executive Order 13132, Federalism II. Background information that is CBI). Information so F. Executive Order 13175, Consultation marked will not be disclosed except in and Coordination with Indian Tribal Consistent with the Pollution accordance with procedures set forth in Governments Prevention Act of 1990 (42 U.S.C. 40 CFR part 2. G. Executive Order 13045, Protection of 13101–13109), it is our policy to Worldwide Web (WWW). In addition Children from Environmental Health promote and encourage P2 in all our Risks and Safety Risks to being available in the docket, an programs. We seek to reduce HAP H. Executive Order 13211, Actions electronic copy of this proposal will Concerning Regulations that emissions with alternative approaches also be available on the WWW through Significantly Affect Energy Supply, that achieve results in innovative and the Technology Transfer Network Distribution, or Use sustainable ways. Preventing pollution (TTN). Following signature, a copy of I. National Technology Transfer at the source is our strategy of first this action will be posted on the TTN’s Advancement Act choice. Pollution prevention strategies
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allow facilities the advantage of meeting to maintaining their qualifications as Pollution Prevention Act. The definition pollution reduction goals in ways that program participants. is as follows: are most cost effective and appropriate In line with these premises and (1) Source reduction is any practice criteria, we are proposing provisions for their individual situations. that: Furthermore, State and local air that would provide additional pollution agencies have urged us on incentives only to those sources at (i) Reduces the amount of any numerous occasions to do more to facilities that are members of the hazardous substance, pollutant, or encourage P2 in the MACT standards Performance Track program. contaminant entering any waste stream or otherwise released into the program. For these reasons, we are III. Proposed Amendments to the Part environment (including fugitive proposing revisions to the part 63 63 General Provisions General Provisions which encourage the emissions) prior to recycling, treatment, development and implementation of P2 We are proposing to amend the or disposal; and measures at facilities that are already General Provisions for the MACT-based NESHAP, which are codified at 40 CFR (ii) Reduces the hazards to public subject to NESHAP subparts. By health and the environment associated working with State and local agencies in part 63, subpart A. The General Provisions establish the framework for with the release of such substances, a series of meetings, we have developed pollutants, or contaminants. this proposal to further this goal. emission standards and other We are also proposing provisions that requirements developed pursuant to (2) The term source reduction would further promote improved section 112 of the CAA. The General includes equipment or technology environmental performance through Provisions eliminate the repetition of modifications, process or procedure incentives that are only available to general information and requirements in modifications, reformulation or redesign facilities participating in the individual NESHAP subparts by of products, substitution of raw Performance Track program. For consolidating all generally applicable materials, and improvements in example, the Administrator will information in one location. They housekeeping, maintenance, training, or designate a central contact within the include sections on applicability, inventory control. EPA to facilitate and expedite the definitions, compliance dates and (3) The term source reduction does review of a Performance Track member requirements, monitoring, and not include any practice that alters the facility’s request for pollution recordkeeping and reporting, among physical, chemical, or biological prevention alternatives. The others. In addition, they include characteristics or the volume of a Performance Track program was created administrative sections concerning to recognize, provide incentives, and actions that the EPA Administrator must hazardous substance, pollutant, or reward individual facilities that go take, such as making determinations of contaminant through a process or beyond compliance in their applicability, reviewing applications for activity which itself is not integral to environmental operations and approval of new construction, and necessary for the production of a management. The Performance Track responding to requests for extensions or product or the providing of a service. program is based on the following waivers of applicable requirements, and This definition is taken directly from premises: Better environmental generally enforcing NESHAP. The the Pollution Prevention Act of 1990 (42 performance warrants different General Provisions apply to every U.S.C. 13101–13109). We are proposing oversight; the EPA should induce facility that is subject to a NESHAP to add this definition to clarify the types facilities to perform beyond basic subpart, except where specifically of actions that we intend to consider in compliance; environmental overridden by that subpart. qualifying a facility for Option 1 or 2. accomplishments should be recognized We are proposing to add definitions The Pollution Prevention Act and rewarded; private and public for ‘‘pollution prevention’’ and ‘‘source establishes the following hierarchy for resources should be used efficiently to at a Performance Track member facility’’ managing pollution and wastes: source these ends; and demonstrated to § 63.2 of the General Provisions. innovative ideas should be included in The proposed amendments would reduction, recycling, treatment, and regulations. also add two sections to the General disposal. Because Congress’ primary The Agency selects its Performance Provisions. New § 63.17 (Option 1) focus in this statute was source Track members for entry into the would provide a mechanism for a reduction, we are proposing to limit program based on certain criteria. facility that uses P2 to eliminate availability of Options 1 and 2 to Member facilities must: completely all HAP emissions regulated facilities whose P2 measures qualify as • Have adopted and implemented an under a NESHAP subpart to become source reduction. environmental management system that exempt from that subpart. New § 63.18 Source at a Performance Track includes specific elements; (Option 2) would provide a mechanism • member facility means a major or area Be able to demonstrate enabling a facility that uses P2 to reduce source located at a facility which has environmental achievements and HAP emissions to at least the level been accepted by EPA for membership commit to continued improvement in required by a NESHAP subpart to in the Performance Track program (as particular environmental categories; replace select requirements of the described at http://www.epa.gov/ • Engage the public, and report to the subpart with requirements appropriate performancetrack, formerly known as public on the facilities’ performance; to the P2 measures. and the Achievement Track Program) and is • Have a record of sustained A. Definitions still a member of the program. The compliance with environmental We are proposing to add the following Performance Track program is a requirements. definitions for ‘‘pollution prevention’’ voluntary public-private partnership In addition, member facilities must and ‘‘source at a Performance Track that encourages continuous commit to providing annual reports on member facility’’ to § 63.2 of the General environmental improvement through the status of their efforts to achieve their Provisions: the use of environmental management commitments to making improvements Pollution prevention means source systems, local community outreach, and in specific environmental categories and reduction as defined under the measurable results.
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B. Option 1: Facilities That Implement implementation of P2 measures for such emissions for which they have Pollution Prevention To Eliminate HAP facilities. eliminated HAP emissions. Emissions Subject to Regulation Under As a general matter, we already Option 1 could be used only when a NESHAP Subpart encourage facilities to develop and none of the emission limitations in the implement P2 measures prior to the first subpart require the facility to We are proposing to add § 63.17 to the applicable compliance date. Facilities completely eliminate HAP emissions. General Provisions to address facilities that eliminate HAP through P2 (or Any zero HAP limitation could only be that were subject to a NESHAP subpart otherwise) prior to the first compliance achieved through P2. (Add-on controls, on the first applicable compliance date, date avoid becoming subject to major work practices, etc., can never achieve and which subsequently have source NESHAP subparts. The proposed zero HAP emissions as long as HAP are implemented P2 measures that General Provisions section (§ 63.17) used or produced.) Thus, a facility that eliminate all HAP emissions that are would extend the same benefits to implements P2 to eliminate HAP regulated under that subpart. Under the facilities that implement P2 measures to emissions from the subject source of proposed provision, such facilities eliminate HAP after this initial window emissions is simply meeting the could submit a request to the of opportunity. This condition would required limitation. We do not believe Administrator to no longer be subject to require the facility to use P2 to reduce that such a facility should be exempted the subpart. If approved, the facility HAP emissions to zero for all the from an emission limitation, and the would no longer be subject to the sources of emissions subject to any associated monitoring, recordkeeping, subpart, as long as it does not resume requirement under a particular NESHAP and reporting, if the subpart already has emitting HAP from the regulated subpart. For purposes of this proposal, a requirement to meet a zero HAP source(s) of emissions. ‘‘pollution prevention’’ means ‘‘source limitation. A facility would be eligible for Option reduction’’ as defined in the Pollution Furthermore, we believe that subparts 1 if the following three conditions are Prevention Act. As discussed earlier in that include a requirement to meet a met for a particular NESHAP subpart: this preamble, we are proposing to add zero HAP emission limitation contain • The facility was subject to the this definition to § 63.2 of the General associated compliance provisions (such subpart on the first compliance date that Provisions. as testing, monitoring, recordkeeping, applied to the facility under the subpart. By ‘‘sources of emissions’’ we mean and reporting) that are appropriate for • The facility has implemented P2 all emission units or processes, which that limitation, and that no further relief measures which ensure that no HAP is includes sources of fugitive emissions as is warranted. However, if a facility emitted from any source of emissions well as sources with identifiable points implements P2 measures that were that is subject to any requirement under of emissions (such as stacks). ‘‘Subject unanticipated during development of the subpart. to any requirement under the subpart’’ the subpart, rendering the subpart’s • None of the emission limitations refers to sources of emissions to which compliance provisions inappropriate, any type of requirement applies under the facility could use the second option under the subpart already require the the subpart. This includes sources of to obtain appropriate provisions. complete elimination of HAP emissions. emissions to which emission limitations It should be noted that requirements By ‘‘first applicable compliance date’’ apply. ‘‘Emission limitations’’ include for zero visible emissions or zero we mean the first date by which a operation and maintenance, design, opacity do not qualify as ‘‘zero HAP source must comply with an emission equipment, work practice, and emission limitations.’’ Such limits can limitation or other substantive operational requirements, as well as be met without completely eliminating regulatory requirement (i.e., emission emission limits, opacity limits, HAP from a process. Thus, such limits limit, leak detection and repair program, operating limits, and visible emissions do not preclude a source from using this work practice standard, housekeeping limits. Moreover, this includes sources option. measure, etc., but not a notice of emissions that are below a cutoff in Under Option 1, a facility could requirement) in the applicable NESHAP the subpart so that an emission submit a written request to the subpart. For an existing major source, limitation does not apply, but Administrator to no longer be subject to the first applicable compliance date is monitoring or recordkeeping the subpart at any time after the the compliance date defined in the requirements apply. subpart’s first applicable compliance subpart for such sources, typically 3 Option 1 would apply subpart by date. As defined in § 63.2 of the General years after the effective date (i.e., subpart. That is, a facility could use this Provisions, ‘‘Administrator’’ means the promulgation date) of the subpart. (This mechanism to cease being subject to one EPA Administrator or his or her is also true for subparts that apply to NESHAP subpart, even if it continued to authorized representative, such as a area sources.) For subparts that have emit HAP from equipment that is State that has been delegated the multiple and staggered compliance subject to a different NESHAP subpart. authority to implement the provisions of dates for different emission limitations, Option 1 would be ‘‘all or nothing.’’ part 63. For Performance Track member this means the first such date. For a new A facility would not be eligible to use facilities, the Administrator would source, the first applicable compliance this mechanism if it eliminated HAP designate a central contact within the date is either the date of startup or the emissions from only some of the sources EPA to facilitate and expedite the effective date of the subpart, whichever of emissions that are regulated under review of such requests for a P2 is later. the NESHAP subpart. For example, if a exemption. Owners and operators of We have included this condition subpart includes multiple affected Performance Track member facilities because this mechanism is intended sources, a facility could not use this would be encouraged to submit their primarily for facilities that have initially provision to become exempt from the requests to the designated Performance been subject to a NESHAP subpart and subpart for individual affected sources. Track contact within EPA in addition to complied through conventional means, However, such facilities could likely use the EPA Administrator. such as add-on emission control the second option to obtain reduced The request may include any equipment or mandated work practices. monitoring, recordkeeping, and information that the facility considers In this way, we intend to encourage and reporting requirements for those useful in demonstrating that the subpart reward the development and affected sources or individual sources of should no longer apply. At a minimum,
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the written request would be required to If the Administrator intends to member facility and determine whether include these six items: disapprove the request, he or she would it should be approved or denied, • A statement identifying the include the following three items in the particularly with the support of a NESHAP subpart and the operations written notification: designated central contact within EPA that are currently subject to the subpart, • Notice of the information and to facilitate and expedite the and indicating that the facility is findings on which the intended Performance Track request. Performance applying to no longer be subject to the disapproval is based. Track member facilities would be subpart. • Notice of the opportunity for the accorded a shorter review period in • A description of the P2 measures facility to present additional recognition of their top environmental used to eliminate HAP emissions and a information before final action on the performance, because of EPA’s demonstration that the measures qualify request. increased familiarity with operations at • as P2 as defined in § 63.2. A deadline for the facility to present these member facilities, and to provide • A demonstration that the P2 the additional information. an incentive to promote increased measures have eliminated all HAP If the facility fails to provide participation in the Performance Track emissions from each and every source of additional information by the deadline program. However, we have proposed emissions subject to an emission established above, the Administrator that a failure to meet this deadline limitation under the subpart. would disapprove the request. If the should not be deemed approval because • Documentation that the subpart facility provided additional information we believe that an action of this does not include a limit of zero HAP by the deadline, the Administrator importance should not go into effect emissions for any of the sources of would notify the facility of approval or without affirmative approval. emissions subject to an emission disapproval within 45 days after After a facility’s request has been limitation under the subpart. receiving the information. (Performance approved, the facility would be required Track member facilities would be • A certification (signed by a to keep the commitments it agreed to notified within 30 days.) However, responsible official) that the facility will during the request/approval process. failure by the Administrator to meet this These include the commitment not to not resume emitting HAP without deadline would not constitute approval emit HAP from the affected sources of notifying the Administrator in writing at of the request. emissions without giving at least 30 least 30 days prior to doing so. If the Administrator finds that the days prior notice and the requirement to • A certification (signed by a facility meets the requirements under carry out any additional compliance responsible official) agreeing that, upon Option 1, he or she would approve the measures upon which the approval was resuming HAP emissions, the relevant facility’s request to no longer be subject conditioned. subpart again applies, and the facility to the subpart. However, the In addition, we believe that the must immediately comply with the Administrator could condition approval facility should keep records sufficient to requirements of the subpart. on additional compliance measures as show that it is meeting its commitments. The first four items that would be deemed necessary. The Administrator Nevertheless, we have not proposed that required simply identify the NESHAP would transmit written approval to the the facility must accept specified subpart and the affected equipment, facility that includes the following monitoring, recordkeeping, and indicate that the facility wishes to use components: reporting requirements for this purpose. this provision to be exempt from the • Identification of the subpart that no We believe that the situation after an subpart, and demonstrate that the longer applies. approval is analogous to that of any facility meets the eligibility • Identification of the sources of other facility in a source category for requirements. The fifth is an enforceable emissions to which the subpart would which a NESHAP subpart is commitment by the facility not to otherwise apply. promulgated. These facilities would be resume emitting HAP from the affected • Any additional compliance required to determine whether they are operations without giving at least 30 measures deemed necessary. subject to the subpart, and, if not, they days written notice. The sixth is an • A requirement that the facility would be required to produce enforceable acknowledgment by the provide written notice to the documentation to satisfy the facility that if it resumes emitting HAP Administrator at least 30 days prior to Administrator that they are not subject from the affected operations, the beginning to emit HAP from the when asked to do so. If a facility relevant subpart applies immediately designated sources of emissions. incorrectly asserted that it was not and the facility would be required to • A condition that the applicable subject to the subpart, it would be comply with the subpart immediately requirements of the subpart will again subject to an enforcement action for upon beginning to emit HAP. apply to the designated sources of failing to meet the requirements of the A facility that submits a request under emissions on the date that the facility subpart. Option 1 would remain subject to the begins to emit HAP from the sources of This being said, we also acknowledge NESHAP subpart in question until the emissions, and that the facility must that all facilities are unique. We are Administrator notifies it in writing that comply with the requirements of the proposing that the Administrator may the request to no longer be subject to the subpart on that date. This written condition approval on additional subpart has been approved. When the approval would serve as an enforceable compliance measures, and these may Administrator receives a request under agreement between the enforcing agency include monitoring, recordkeeping, and/ Option 1, he or she would notify the and the facility. or reporting as warranted by individual facility in writing of approval or intent We believe that 45 days is a circumstances. However, we do not to deny approval within 45 days after reasonable period for the Administrator think the level required for receiving the original request. to review a request and determine demonstrating continuous compliance (Performance Track member facilities whether it should be approved or under a NESHAP subpart is likely to be would be notified within 30 days.) denied. We also believe that a reduced appropriate here. However, failure by the Administrator period of 30 days is a reasonable period If a facility resumes HAP emissions to meet this deadline would not of time for the Administrator to review from the affected operations, the constitute approval of the request. a request from a Performance Track NESHAP subpart would apply to the
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facility immediately, and the facility would replace requirements specified in require that the written request include would be required to comply with the the subpart. The P2 alternative these nine items: subpart immediately upon emitting compliance requirements would remain • A statement identifying the HAP. This would be a condition of in force as long as the facility continues NESHAP subpart and the operations approval, and the facility must agree to to use the P2 measures and maintains that are subject to the subpart, and it during the request/approval process. the HAP emissions reductions described indicating that the facility is applying If the facility fails to give 30 days notice in the approved request. for P2 alternative compliance of its intent to emit HAP from the A facility would be eligible for Option requirements. affected operations and/or fails to 2 if the following two conditions are • A description of each source of comply with the subpart upon emitting met for a particular NESHAP subpart: emissions for which the facility is HAP, it could be subject to an • The facility was subject to the requesting P2 alternative compliance enforcement action. subpart on the first compliance date that requirements. If the facility has no reason to be applied to the facility under the subpart. • A description of the P2 measures subject to CAA title V permitting • The facility has implemented P2 used to reduce HAP emissions, and a requirements after approval of a request measures to reduce HAP emissions to at demonstration that the measures qualify under Option 1, it could apply to its least the level required under the as P2 as defined in § 63.2. (This permitting authority to rescind the subpart for one or more of the regulated definition is proposed to be added as permit. This would be the case if the sources of emissions, and continues to part of this rulemaking; see section III.A only reason that a facility was required maintain those reductions. of this document.) to have a title V permit was the fact that The first condition is the same as • A demonstration that the P2 it was subject to the NESHAP subpart presented above in Option 1 for measures have reduced HAP emissions that no longer applies after the approval. facilities that eliminate regulated HAP from each source of emissions for which If the facility continued to be subject emissions entirely. The second alternative compliance requirements are to title V for other reasons, such as condition would require the facility to being requested to at least the level that major status for HAP or other pollutants, use P2 to reduce HAP emissions, to at is required by the subpart. the ‘‘applicable requirements’’ that least the level of the subpart • Proposed specific P2 alternative come out of the request/approval requirements, for at least one source of compliance requirements for the process would be added to the title V designated sources of emissions which permit. These would include the emissions that is subject to an emission ensure that the commitment both to requirement not to emit HAP from the limitation under the subpart. Option 2 affected operations without 30 days differs from Option 1 in that this continue using the P2 measures and to notice; the stipulation that the NESHAP condition would not require the facility maintain the described HAP emissions subpart applies, and that the facility either to completely eliminate HAP reductions is enforceable as a practical must comply immediately upon emissions or to apply P2 across all the matter, along with a demonstration that emitting HAP; and any additional sources of emissions regulated under the proposed alternative requirements compliance measures imposed as a the subpart. Instead, the facility could will effectively assure continuous apply for P2 alternative compliance compliance with the commitment. condition of approval. Similarly, the • requirements of the subpart itself would requirements for any regulated sources A citation of each applicable be removed from the title V permit. of emissions on which it has requirement in the subpart and General From the perspective of part 63, the implemented P2 and achieved or Provisions that the facility proposes to facility would no longer be subject to exceeded the HAP emissions reductions replace with the P2 alternative the subpart upon receiving written required under the subpart. compliance requirements, accompanied approval of its request from the A facility could submit a written by an explanation of how the proposed Administrator. We believe that the request to the Administrator for P2 alternative requirements satisfy the facility should generally be able to alternative compliance requirements at intent of the replaced requirements and/ implement the approved change in any time after the subpart’s first or why the replaced requirements are status immediately, with any process applicable compliance date. As defined not necessary. • needed to revise the title V permit in § 63.2 of the General Provisions, A certification (signed by a taking place afterwards. ‘‘Administrator’’ means the EPA responsible official) that the facility will Administrator or his or her authorized not discontinue the P2 measures or fail C. Option 2: Facilities That Implement representative, such as a State that has to maintain the HAP emissions Pollution Prevention To Reduce HAP been delegated the authority to reductions described in the request Emissions To at Least the Level of a implement the provisions of part 63. For without notifying the Administrator in NESHAP Subpart Performance Track member facilities, writing at least 30 days prior to doing We are proposing to add § 63.18 to the the Administrator would designate a so. General Provisions to address facilities central contact within the EPA to • A certification (signed by a that are subject to a NESHAP subpart on facilitate and expedite the review of responsible official) agreeing that, upon the first applicable compliance date, such requests for P2 alternative discontinuing the P2 measures and/or and have subsequently implemented P2 requirements. Owners and operators of failing to maintain the HAP emissions measures to achieve and maintain HAP Performance Track member facilities reductions described in the request, the emissions reductions equivalent to or would be encouraged to submit their subpart again applies and the facility better than the MACT level of control requests to the designated Performance must comply immediately with all of for some or all of the regulated sources Track contact within EPA in addition to the requirements of the subpart. of emissions. Under the proposed the EPA Administrator. • A certification (signed by a Option 2, such facilities could submit a The request may include any responsible official) that the facility is request to the Administrator for P2 information that the facility considers subject to all applicable requirements of alternative compliance requirements. useful to demonstrate that alternative the subpart not proposed to be replaced If the request is approved, the compliance requirements are justified. by P2 alternative compliance alternative compliance requirements At a minimum, the proposed rule would requirements.
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The first four required items would To demonstrate and assure subpart in question until the simply identify the NESHAP subpart continuous compliance, we expect that Administrator notifies it in writing that and the affected equipment, indicate the P2 alternative compliance the request for P2 alternative that the facility wishes to use this requirements will include monitoring, compliance requirements has been provision to obtain P2 alternative recordkeeping, and reporting approved. When the Administrator compliance requirements, and requirements. In this context, we mean receives a request under Option 2, he or demonstrate that the facility meets the ‘‘monitoring’’ in a broad sense, which she would notify the facility in writing eligibility requirements. For the fifth could involve simply tracking the of approval or intent to deny approval and sixth items, the facility would purchases and composition of the within 45 days after receiving the propose and justify the alternative materials used in the operations covered original request. (Performance Track compliance requirements and identify by the alternative requirements. member facilities would be notified the requirements in the subpart that the Depending on the situation, appropriate within 30 days.) However, failure by the alternative requirements would replace. monitoring may involve more rigorous Administrator to meet this deadline The seventh and eighth items certify measures, up to and including would not constitute approval of the that the facility acknowledges it would continuous instrumental monitoring of request. be required to continue the approved process or control device operating If the Administrator intends to alternative P2 measures, and parameters or of the exhaust stream. In disapprove the request, he or she would understands the consequences for general, the monitoring program should include the following three items in the failing to do so. The ninth item certifies gather relevant data with sufficient written notification: that the facility will continue to comply frequency and accuracy to form a • Notice of the information and with those portions of the subpart that conclusive basis for assessing whether findings on which the intended were not replaced by approved the facility maintained continuous disapproval is based. alternative P2 measures. compliance with its commitments for P2 • Notice of the opportunity for the Under Option 2, approved P2 and HAP emissions reductions. The facility to present additional alternative compliance requirements monitoring program should include information before final action on the would actually replace the compliance appropriate quality assurance and request. requirements in the NESHAP subpart quality control procedures to ensure the • A deadline for the facility to present and become the facility’s applicable continued reliability of monitoring data. the additional information. requirements under part 63 for the Similarly, the facility would be If the facility failed to provide subpart. However, unlike Option 1, the required to propose recordkeeping additional information by the deadline facility would remain subject to the requirements sufficient to document established above, the Administrator subpart. Thus, the facility would be conclusively whether the facility would deny the request. If the facility required to continue to meet all maintained continuous compliance. provided additional information by the requirements of the subpart for any One existing recordkeeping requirement deadline, the Administrator would regulated sources of emissions not in the General Provisions that we notify the facility of approval or included in the request, and it would believe generally should not be replaced disapproval within 45 days after remain subject to title V permitting by alternative requirements is requirements. § 63.10(b)(1), which governs availability receiving the information. (Performance To provide certainty to both the and retention of records. The facility’s Track member facilities would be facility and the enforcement agency as proposed reporting requirements would notified within 30 days.) However, to exactly what requirements apply to include periodic reporting to disclose failure by the Administrator to meet this each regulated source of emissions, the periods of noncompliance or to confirm deadline would not constitute approval proposed rule would require that the continuous compliance, as applicable, of the request. facility’s request clearly tie the proposed for each reporting period. Reports also If the Administrator found that the P2 alternative compliance requirements should address the performance of the facility meets the requirements under to the designated sources of emissions. facility’s monitoring program. We Option 2, he or she would approve the Where appropriate, the facility could expect that alternative reporting facility’s request for P2 alternative propose different alternative requirements typically will conform to compliance requirements. However, the requirements for different sources of the schedule of the existing Administrator could condition approval emissions, as long as applicability is requirements for the sources of on additional compliance measures as clear. In addition, the facility would be emissions not covered by the P2 deemed necessary. The Administrator required to specify exactly which alternative compliance requirements, would transmit written approval to the requirements of the subpart and General and that the facility would submit facility that would include the following Provisions would be replaced by the combined reports for all of the sources components: • proposed P2 alternative compliance of emissions subject to the subpart. Identification of the specific requirements, and for which sources of The facility should not overlook regulated sources of emissions covered emissions. startup, shutdown, and malfunction by the approval. For its P2 alternative compliance (SSM) requirements in its request for P2 • The P2 alternative compliance requirements, the facility would be alternative compliance requirements. It requirements that apply, including any required to propose measures that may need to revise its SSM plan, and additional compliance measures assure compliance with its may want to propose alternative SSM deemed necessary. (If necessary, the commitments both to continue using the recordkeeping or reporting requirements alternative requirements that apply to P2 measures and to maintain the HAP to match its P2 measures. different sources of emissions would be emissions reductions described in the The mechanics of the review process clearly specified.) request. Because the facility would under Option 2 would be identical to • The applicable requirements of the remain subject to the subpart, the the process under Option 1. A facility subpart that no longer apply to the alternative requirements would be that submits a request under Option 2 designated sources of emissions. (Again, sufficient to demonstrate continuous would remain subject to all the requirements would be differentiated by compliance. applicable requirements of the NESHAP source of emissions, if necessary.)
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• A requirement that the facility will help justify the alternative facility to continue using the P2 provide written notice to the requirements. measures and to maintain the described Administrator at least 30 days prior to The facility and the reviewing agency HAP emissions reductions. To be discontinuing the P2 measures and/or must have a common understanding of approved, the alternative requirements failing to maintain the HAP reductions the sources of emissions designated for must be adequate to demonstrate and described in the request. P2 alternative compliance requirements, document continuous compliance. • A condition that the applicable the proposed alternative requirements For example, if a process has been requirements of the subpart will again (i.e., the actions that the facility would modified to make it inherently less apply to the designated source(s) of be required to carry out), and the polluting and incapable of emitting HAP emissions on the date that the facility provisions of the NESHAP subpart and at or near the level of the MACT discontinues the P2 measures and/or General Provisions that would no longer emission limit, the alternative fails to maintain the HAP reductions apply. In addition, three unambiguous compliance requirements might consist described in the request, and that the certifications, signed by a responsible of documenting and periodically facility must comply on that date. This official of the facility (as defined in certifying that the process continues to written approval would serve as an § 63.2 of the General Provisions) would be operated as described in the request. enforceable agreement between the be included in the request. The If the P2 measures consist of switching enforcing agency and the facility. reviewing agency would not grant a raw materials to reduce HAP emissions, As noted previously, we believe that request until these aspects are clearly tracking raw material purchases and 45 days is a reasonable period for the and completely specified in writing. HAP content may be adequate to Administrator to review a request and A key component of the request demonstrate continuous compliance. determine whether it should be would be a clear and comprehensive The margin of compliance achieved description of the P2 measures that the through the P2 measures can be an approved or denied. We also believe facility has implemented and a important consideration in developing that a reduced period of 30 days is a demonstration that these measures meet proposed alternative requirements. reasonable period of time for the the definition of ‘‘pollution prevention’’ When HAP emissions are at or near the Administrator to review a request from in the proposed amendments. As emission limit, greater accuracy would a Performance Track member facility detailed earlier (in Section III A.), typically be desired than when and determine whether it should be ‘‘pollution prevention’’ means ‘‘source emissions are well below allowable approved or denied, particularly with reduction’’ as defined in the Pollution levels and the likelihood of exceeding the support of a designated central Prevention Act. the limit is low. Many existing contact within EPA to facilitate and Another key component of the request regulations and policies are based on expedite the Performance Track request. would be a demonstration that the P2 this principle. For example, the General Performance Track member facilities measures have achieved, and will Provisions already provide a mechanism would be accorded a shorter review maintain, HAP emissions reductions whereby a facility with a continuous period in recognition of their top equivalent to or better than the MACT emission monitoring system may apply environmental performance, because of level of control. Because of the for a less-rigorous alternative to the EPA’s increased familiarity with uniqueness of each situation, the facility relative accuracy test when its emission operations at these member facilities, should describe operations before and rate is less than 50 percent of the and to provide an incentive to promote after implementation of the P2 measures applicable emission limit. (See increased participation in the so as to demonstrate that the P2 § 63.8(f)(6).) Performance Track program. However, measures obtain equivalent (or better) Many subparts include emission we are proposing that a failure to meet results. Facilities have detailed limits and/or compliance options based this deadline should not be deemed knowledge of their operations and, as on P2. For such subparts, we do not approval because an action of this such, are in the best position to believe that simply meeting these limits importance should not go into effect determine how to make this automatically entitles a facility to P2 without affirmative approval. demonstration. alternative compliance requirements, In implementing Option 2, the We will encourage State, local, and since the requirements are based on the Administrator will remain cognizant of tribal agencies that receive requests for use of P2. In general, we believe that the the fact that the purpose of these P2 alternative compliance requirements existing requirements are appropriate in provisions is to provide an incentive for to collaborate with the EPA Regional such cases; however, there may be facilities to develop and implement P2 Offices and Headquarters in reviewing situations where an alternative measures. At the same time, the these requests. In this manner, we requirement is equally appropriate. For reviewing agency must ensure that HAP expect to build a common awareness of example, the reviewing agency may emissions will be reduced to at least the the issues that arise as a basis for forging wish to consider approving alternative level of MACT, and that the P2 a common approach to review and compliance requirements where a alternative compliance requirements approval. facility’s P2 measures have reduced will assure compliance with the We invite comment on this approach HAP emissions to well below the facility’s commitments in a practically to demonstrating that P2 measures emission limit (i.e., where the margin of enforceable way. Option 2 is not reduce HAP emissions to at least the compliance is large). The margin of intended to be a mechanism for level required by the NESHAP subpart. compliance is relevant because we have obtaining an exemption from necessary Commenters who believe that we typically developed compliance compliance requirements. should provide more specific criteria or requirements based on what is needed As a first step, a facility would submit guidance on this demonstration should to assure continuous compliance when a clear and complete request for P2 provide specific suggestions on a facility operates at or near the alternative compliance requirements. At appropriate criteria/guidance. emission limit. In addition, a facility a minimum, the request would include In addition to proposing clear P2 that has introduced P2 measures that the nine components previously listed. alternative compliance requirements, were not considered during The facility would be free to submit any the proposed rule would require that the development of the applicable subpart’s additional information that it believes request include a commitment from the compliance requirements is a prime
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candidate for P2 alternative compliance comply with the subpart immediately facility would be removed from the title requirements. upon discontinuing the P2 measures V permit. From the perspective of 40 After a facility’s request has been and/or failing to maintain the HAP CFR part 63, the facility would be approved under Option 2, the facility reductions described in the approved subject to the P2 alternative compliance would keep the commitments it agreed request, whether or not the facility gave requirements (and not to the replaced to during the request/approval process. the required prior notice. The facility NESHAP subpart and General This includes the commitment to may be subject to an enforcement action Provisions requirements) upon receiving neither discontinue the P2 measures, if it does not comply with all portions written approval of its request from the nor fail to maintain the HAP emissions of the NESHAP subpart immediately. Administrator. As noted previously, we reductions described in the request A facility operating under approved believe that the facility should generally without giving at least 30 days prior P2 alternative compliance requirements be able to implement the approved notice. It also includes the commitment could submit a request, at any time, to change in status immediately, with the to comply with the NESHAP subpart for modify the alternative requirements. needed title V permit revisions taking all sources of emissions not designated The request may involve changes to any place afterwards. in the request and approval, and the combination of the approved P2 commitment to carry out the approved measures, levels of HAP reductions, and IV. Statutory and Executive Order P2 alternative compliance requirements alternative compliance requirements. Reviews (including any added by the A request for a modification would A. Executive Order 12866, Regulatory Administrator as a condition of include, at a minimum, the same Planning and Review approval). information required for an initial Under Executive Order 12866 (58 FR After approval, the P2 alternative request for P2 alternative compliance 51735, October 4, 1993), the EPA must compliance requirements would replace requirements. The facility may include determine whether the regulatory action the identified portions of the NESHAP any additional information that it is ‘‘significant’’ and therefore subject to subpart and General Provisions for the believes will help demonstrate that review by the Office of Management and designated sources of emissions. They modifications are justified. would become the enforceable The Administrator would review the Budget (OMB) and the requirements of requirements for the facility under 40 request and approve or disapprove it the Executive Order. The Executive CFR part 63 for the subpart. according to the procedures for an Order defines a ‘‘significant regulatory Note that the facility would be initial request. The facility would action’’ as one that is likely to result in required to maintain the HAP emissions remain subject to the existing P2 a rule that may: reductions described in its request and alternative compliance requirements (1) Have an annual effect on the approved by the Administrator, even if and all associated commitments until it economy of $100 million or more or this requirement is more stringent than received written approval of the adversely affect in a material way the the subpart’s emission limit. This would requested modifications. economy, a sector of the economy, be a condition of approval, and the A facility that receives approval of P2 productivity, competition, jobs, the facility would be required to agree to it alternative compliance requirements environment, public health or safety, or during the request/approval process. would remain subject to the NESHAP State, local, or tribal governments or Because the facility’s margin of subpart. As a result, the facility also communities; compliance with the MACT emission would remain subject to title V (2) Create a serious inconsistency or limits may have been an important permitting requirements. otherwise interfere with an action taken consideration in development and The ‘‘applicable requirements’’ that or planned by another agency; approval of its P2 alternative come out of the request/approval (3) Materially alter the budgetary compliance requirements, it is process would be added to the title V impact of entitlements, grants, user fees, important that the compliance margin permit. These would include the or loan programs or the rights and be maintained. Alternative compliance following: obligations of recipients thereof; or requirements approved based on a large • The approved P2 alternative (4) Raise novel legal or policy issues margin of compliance may not be compliance requirements (including any arising out of legal mandates, the adequate to demonstrate continuous requirements added by the President’s priorities, or the principles compliance during times when the Administrator as a condition of set forth in the Executive Order. facility operates closer to the emission approval), with associated sources of It has been determined that these limit in the subpart. Thus, facilities emissions. proposed amendments are not a should be aware that they will be held • Citations for the subpart and ‘‘significant regulatory action’’ under to the HAP reductions described in their General Provisions requirements that the terms of Executive Order 12866 and requests. If necessary, they may want to have been replaced by the P2 alternative are therefore not subject to OMB review. build in some flexibility by claiming compliance requirements, with B. Paperwork Reduction Act less HAP reductions than they are able associated sources of emissions. to obtain with the P2 measures under • A requirement to give at least 30 The information collection optimum current operating conditions. days notice prior to discontinuing the requirements in the proposed If a facility discontinued the P2 P2 measures and/or failing to maintain amendments have been submitted for measures and/or failed to maintain the the HAP emissions reductions described approval to OMB under the Paperwork HAP emissions reductions described in in the request. Reduction Act, 44 U.S.C. 3501 et seq. the approved request without giving at • A stipulation that all portions of the An information collection request (ICR) least 30 days prior notice, it may be subpart apply, and the facility must document has been prepared by EPA subject to an enforcement action for comply immediately upon (ICR No. 2099.01), and a copy may be violating the commitments it agreed to discontinuing the P2 measures and/or obtained from Susan Auby by mail at as a condition of approval. In addition, failing to maintain the HAP emissions U.S. EPA, Office of Environmental all portions of the NESHAP subpart reductions described in the request. Information, Collection Strategies would apply to the facility immediately, Similarly, any requirements in the Division (2822T), 1200 Pennsylvania and the facility would be required to subpart which no longer apply to the Avenue, Washington, DC 20460, by e-
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mail at [email protected], or by provide information to or for a Federal For purposes of assessing the impacts calling (202) 566–1672. A copy may also agency. This includes the time needed of the proposed amendments on small be downloaded off the Internet at http:/ to review instructions; develop, acquire, entities, small entity is defined as: (1) A /www.epa.gov/icr. The information install, and utilize technology and small business as defined in each requirements are not effective until systems for the purposes of collecting, applicable subpart; (2) a government OMB approves them. validating, and verifying information; jurisdiction that is a government of a The information requirements are processing and maintaining city, county, town, school district or based on notification, recordkeeping, information, and disclosing and special district with a population of less and reporting requirements in the providing information; adjust the than 50,000; and (3) a small NESHAP General Provisions (40 CFR existing ways to comply with any organization that is any not-for-profit part 63, subpart A), which are previously applicable instructions and enterprise which is independently mandatory for all operators subject to requirements; train personnel to be able owned and operated and that is not NESHAP. These recordkeeping and to respond to a collection of dominant in its field. reporting requirements are specifically information; search data sources; After considering the economic authorized by section 114 of the CAA complete and review the collection of impacts of the proposed amendments on (42 U.S.C. 7414). All information information; and transmit or otherwise small entities, I certify that this action submitted to EPA pursuant to the disclose the information. will not have a significant economic recordkeeping and reporting An Agency may not conduct or impact on a substantial number of small requirements for which a claim of sponsor, and a person is not required to entities. In determining whether a rule confidentiality is made is safeguarded respond to, a collection of information has significant economic impact on a according to Agency policies in 40 CFR unless it displays a currently valid OMB substantial number of small entities, the part 2, subpart B. control number. The OMB control impact of concern is any significant The proposed amendments would number for EPA’s regulations are listed adverse economic impact on small require that owners or operators who in 40 CFR part 9 and 48 CFR chapter 15. entities, since the primary purpose of wish to apply for P2 compliance Comments are requested on EPA’s the regulatory flexibility analysis is to alternatives to submit a written request need for this information, the accuracy identify and address regulatory that provides all information needed to of the provided burden estimates, and alternatives which minimize any document the P2 measures that have any suggested methods for minimizing significant economic impact on a been implemented and the alternative respondent burden, including through substantial number of small entities (5 compliance provisions that are the use of automated collection U.S.C. 603–604). Thus, an agency may requested. Upon approval of the request, techniques. Send comments on the ICR certify that a rule will not have a the owner or operator would be required to the Director, Collection Strategies significant economic impact on a to implement any alternative Division (2822), U.S. EPA (2136), 1200 substantial number of small entities if monitoring, reporting, and Pennsylvania Avenue, NW., the rule relieves regulatory burden, or recordkeeping requirements associated Washington, DC 20460; and to the otherwise has a positive economic effect with the P2 compliance alternative. Office of Information and Regulatory on all of the small entities subject to the Participation in the program of P2 Affairs, Office of Management and compliance alternatives is voluntary. Budget, 725 17th Street, NW., rule. Only facilities that qualify for a reduced Washington, DC 20503, marked Small entities that are subject to burden associated with monitoring, ‘‘Attention: Desk Officer for EPA.’’ MACT standards would not be required reporting, and recordkeeping are Include the ICR number in any to take any action under this proposal; expected to participate. correspondence. Because OMB is P2 alternative compliance requirements The annual public reporting and required to make a decision concerning are strictly voluntary. In addition, we recordkeeping burden for this collection the ICR between 30 and 60 days after expect that any sources implementing of information (averaged over the first 3 May 15, 2003, a comment to OMB is P2 compliance alternatives will years after the effective date of the final best assured of having its full effect if experience cost savings that will rule) is estimated to reduce the burden OMB receives it by June 16, 2003. The outweigh the cost of requesting the associated with existing MACT final rule will respond to any OMB or alternative requirements. standards by 82,160 labor hours per year public comments on the information The only mandatory cost that would at a total annual cost reduction of $4.7 collection requirements contained in the be incurred by air pollution control million. The average burden reduction proposed amendments. agencies would be the cost of reviewing per facility is 137 hours per year. This sources’ requests for P2 compliance estimate includes savings for facilities C. Regulatory Flexibility Act (RFA) as alternatives. No small governmental that completely eliminate all HAP Amended by Small Business Regulatory jurisdictions operate their own air emissions and qualify for an exemption Enforcement Fairness Act of 1996 pollution control agencies, so none from the applicable standards. The (SBREFA), 5 U.S.C. 601 et seq. would be required to incur costs under estimate also includes savings from The RFA generally requires an agency the proposal. In addition, any costs reduced monitoring, reporting, and to prepare a regulatory flexibility associated with these reviews are recordkeeping for facilities that analysis of any proposed rule subject to expected to be offset by reduced agency implement P2 measures for specific notice and comment rulemaking oversight obligations for sources with emission points that reduce HAP requirements under the Administrative approved P2 alternative compliance emissions to, or below, the level Procedure Act or any other statute requirements. required by the applicable standards. unless the agency certifies that the rule Based on the considerations above, There are no capital or startup costs will not have a significant economic we have concluded that the proposed associated with the proposed impact on a substantial number of small amendments will relieve regulatory amendments. entities. Small entities include small burden for all affected small entities. Burden means the total time, effort, or businesses, small not-for-profit Nevertheless, we continue to be financial resources expended by persons enterprises, and small governmental interested in the potential impacts of the to generate, maintain, retain, disclose, or jurisdictions. proposed amendments on small entities
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and welcome comments on issues that obtains approval of such alternative demanding for sources with approved related to such impacts. requirements. Under the proposed P2 alternative compliance requirements. amendments, a State, local, or tribal air Thus, Executive Order 13132 does not D. Unfunded Mandates Reform Act of pollution control agency to which we apply to these proposed amendments. 1995 have delegated section 112 authority Although section 6 of Executive Order Title II of the Unfunded Mandates would be required to review any 13132 does not apply to the proposed Reform Act of 1995 (UMRA), Public requests for P2 compliance alternatives amendments, we consulted extensively Law 104–4, establishes requirements for submitted by sources in its jurisdiction. with State and local air pollution Federal agencies to assess the effects of However, such requests are not control officials during the development their regulatory actions on State, local, expected to be plentiful and will not of this proposal. and tribal governments and the private approach the $100 million annual In the spirit of Executive Order 13132, sector. Under section 202 of the UMRA, threshold. In addition, any costs and consistent with EPA policy to EPA generally must prepare a written associated with these reviews are promote communications between EPA statement, including a cost-benefit expected to be offset by reduced agency and State and local governments, EPA analysis, for proposed and final rules oversight obligations for sources with specifically solicits comment on these with ‘‘Federal mandates’’ that may approved P2 alternative compliance proposed amendments from State and result in expenditures by State, local, requirements. Thus, the proposed local officials. and tribal governments, in aggregate, or amendments are not subject to the F. Executive Order 13175, Consultation by the private sector, of $100 million or requirements of sections 202 and 205 of more in any 1 year. Before promulgating and Coordination With Indian Tribal UMRA. EPA has determined that the Governments an EPA rule for which a written proposed amendments contain no statement is needed, section 205 of the regulatory requirements that might Executive Order 13175, entitled UMRA generally requires EPA to significantly or uniquely affect small ‘‘Consultation and Coordination with identify and consider a reasonable governments because they contain no Indian Tribal Governments’’ (65 FR number of regulatory alternatives and requirements that apply to such 67249, November 6, 2000), requires EPA adopt the least costly, most cost- governments or impose obligations to develop an accountable process to effective, or least burdensome upon them. Thus, the proposed ensure ‘‘meaningful and timely input by alternative that achieves the objectives amendments are not subject to the tribal officials in the development of of the rule. The provisions of section requirements of section 203 of the regulatory policies that have tribal 205 do not apply when they are UMRA. implications.’’ inconsistent with applicable law. These proposed amendments do not Moreover, section 205 allows EPA to E. Executive Order 13132, Federalism have tribal implications, as specified in adopt an alternative other than the least Executive Order 13132, entitled Executive Order 13175. They will not costly, most cost-effective, or least ‘‘Federalism’’ (64 FR 43255, August 10, have substantial direct effects on tribal burdensome alternative if the 1999), requires EPA to develop an governments, on the relationship Administrator publishes with the final accountable process to ensure between the Federal government and rule an explanation why that alternative ‘‘meaningful and timely input by State Indian tribes, or on the distribution of was not adopted. Before EPA establishes and local officials in the development of power and responsibilities between the any regulatory requirements that may regulatory policies that have federalism Federal government and Indian tribes. significantly or uniquely affect small implications.’’ ‘‘Policies that have Any tribal government that owns or governments, including tribal federalism implications’’ is defined in operates a source subject to MACT governments, it must have developed the Executive Order to include standards would not be required to take under section 203 of the UMRA a small regulations that have ‘‘substantial direct any action under this proposal; P2 government agency plan. The plan must effects on the States, on the relationship alternative compliance requirements are provide for notifying potentially between the national government and strictly voluntary. In addition, P2 affected small governments, enabling the States, or on the distribution of compliance alternatives are expected to officials of affected small governments power and responsibilities among the result in reduced burden on any source to have meaningful and timely input in various levels of government.’’ that obtains such alternative the development of EPA regulatory These proposed amendments do not requirements. Under the proposed proposals with significant Federal have federalism implications. They will amendments, a tribal government with intergovernmental mandates, and not have substantial direct effects on the an air pollution control agency to which informing, educating, and advising States, on the relationship between the we have delegated section 112 authority small governments on compliance with national government and the States, or would be required to review any the regulatory requirements. on the distribution of power and requests for P2 compliance alternatives EPA has determined that these responsibilities among the various submitted by sources in its jurisdiction. proposed amendments do not contain a levels of government, as specified in However, such requests are not Federal mandate that may result in Executive Order 13132. Although the expected to be plentiful, so the effects expenditures of $100 million or more proposed amendments would require will not be substantial. In addition, any for State, local, and tribal governments, State air pollution control agencies costs associated with these reviews are in the aggregate, or the private sector in which have voluntarily taken delegation expected to be offset by reduced agency any 1 year. Sources subject to MACT of the part 63 program to conduct case- oversight obligations for sources with standards would not be required to take by-case reviews where sources elect to approved P2 alternative compliance any action under this proposal, apply for P2 alternative compliance requirements. Thus, Executive Order including sources owned or operated by requirements, the burden on States will 13175 does not apply to these proposed State, local, or tribal governments; P2 not be substantial. In addition, we amendments. alternative compliance requirements are expect that the overall effect of the However, in the spirit of Executive strictly voluntary. In addition, P2 proposed amendments will be to reduce Order 13175, and consistent with EPA compliance alternatives are expected to the burden on State agencies as their policy to promote communications result in reduced burden on any source oversight obligations become less between EPA and Indian tribes, EPA
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specifically solicits comment on the sampling procedures, business (2) The term source reduction proposed amendments from tribal practices) that are developed or adopted includes equipment or technology officials. by voluntary consensus standards modifications, process or procedure bodies. The NTTAA directs EPA to modifications, reformulation or redesign G. Executive Order 13045, Protection of provide Congress, through OMB, of products, substitution of raw Children From Environmental Health materials, and improvements in Risks and Safety Risks explanations when the Agency decides not to use available and applicable housekeeping, maintenance, training, or Executive Order 13045, entitled voluntary consensus standards. inventory control. ‘‘Protection of Children from These proposed amendments do not (3) The term source reduction does Environmental Health Risks and Safety involve technical standards. Therefore, not include any practice that alters the Risks’’ (62 FR 19885, April 23, 1997) EPA is not considering the use of any physical, chemical, or biological applies to any rule that: (1) Is voluntary consensus standards. EPA characteristics or the volume of a determined to be ‘‘economically welcomes comments on this aspect of hazardous substance, pollutant, or significant’’ as defined under Executive the proposed amendments, specifically, contaminant through a process or Order 12866, and (2) concerns an invites the public to identify activity which itself is not integral to environmental health or safety risk that potentially-applicable voluntary and necessary for the production of a EPA has reason to believe may have a consensus standards and to explain why product or the providing of a service. disproportionate effect on children. If such standards should be used in the * * * * * the regulatory action meets both criteria, proposed amendments. Source at a Performance Track the Agency must evaluate the member facility means a major or area environmental health or safety effects of List of Subjects in 40 CFR Part 63 source located at a facility which has the planned rule on children, and Environmental protection, been accepted by EPA for membership explain why the planned regulation is Administrative practice and procedure, in the National Environmental preferable to other potentially effective Air pollution control, Hazardous Performance Track program (as and reasonably feasible alternatives substances, Intergovernmental relations, described at http://www.epa.gov/ considered by the Agency. Reporting and recordkeeping performancetrack, formerly known as EPA interprets Executive Order 13045 requirements. the Achievement Track Program) and is as applying only to regulatory actions Dated: May 8, 2003. still a member of the program. The that are based on health or safety risks, Performance Track program is a Christine Todd Whitman, such that the analysis required under voluntary public-private partnership section 5–501 of the Executive Order Administrator. that encourages continuous has the potential to influence the For the reasons cited in the preamble, environmental improvement through regulation. These proposed amendments part 63, title 40, chapter I of the Code the use of environmental management are not subject to Executive Order 13045 of Federal Regulations is proposed to be systems, local community outreach, and because all MACT standards governed amended as follows: measurable results. by the General Provisions are based on PART 63—[AMENDED] * * * * * technology performance and not on 3. Section 63.17 is added to read as health or safety risks. Furthermore, the 1. The authority citation for part 63 follows: proposed amendments have been continues to read as follows: determined not to be ‘‘economically § 63.17 Pollution prevention exemption. Authority: 42 U.S.C. 7401, et seq. significant’’ as defined under Executive Consistent with EPA’s commitment to Order 12866. Subpart A—[Amended] promote and encourage pollution prevention, this section provides a H. Executive Order 13211, Actions 2. Section 63.2 is amended by adding, mechanism for a major or area source to Concerning Regulations That in alphabetical order, definitions for the cease being subject to a particular Significantly Affect Energy Supply, terms Pollution prevention and Source subpart of this part if the owner or Distribution, or Use at a Performance Track member facility operator has implemented pollution The proposed amendments are not to read as follows: prevention measures that eliminate all subject to Executive Order 13211, hazardous air pollutant emissions from ‘‘Actions Concerning Regulations That § 63.2 Definitions. all sources of emissions subject to Significantly Affect Energy Supply, * * * * * regulation under that subpart after the Distribution, or Use’’ (66 FR 28355, May Pollution prevention means source initial compliance date specified in that 22, 2001) because they are not a reduction as defined under the subpart. significant regulatory action under Pollution Prevention Act (42 U.S.C. (a) Applicability of pollution Executive Order 12866. 13101–13109). The definition is as prevention exemption. The owner or follows: operator of a major or area source I. National Technology Transfer and (1) Source reduction is any practice subject to a subpart in this part that Advancement Act that: meets the requirements in paragraphs Section 12(d) of the National (i) Reduces the amount of any (a)(1) through (3) of this section may Technology Transfer and Advancement hazardous substance, pollutant, or submit a written request to the Act (NTTAA) of 1995, Public Law 104– contaminant entering any waste stream Administrator that the major or area 113,12(d) (15 U.S.C. 272 note) directs or otherwise released into the source no longer be subject to the EPA to use voluntary consensus environment (including fugitive subpart. standards in its regulatory activities emissions) prior to recycling, treatment, (1) The major or area source was unless to do so would be inconsistent or disposal; and subject to the subpart on the first with applicable law or otherwise (ii) Reduces the hazards to public applicable compliance date specified in impractical. Voluntary consensus health and the environment associated the subpart. standards are technical standards (e.g., with the release of such substances, (2) The owner or operator has materials specifications, test methods, pollutants, or contaminants. implemented pollution prevention
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measures (as defined in § 63.2) such that paragraphs (c)(2)(i) through (c)(2)(vi) of request does not constitute approval of no hazardous air pollutant is emitted this section. the request. from any source of emissions to which (i) A statement identifying the subpart (3) The Administrator may specify any requirement under the subpart and each source of emissions that is additional compliance requirements as a applies. currently subject to the subpart, and condition of approving the request that (3) Each emission limitation under the indicating that the owner or operator is the subpart no longer apply. subpart is greater than zero. applying for the major or area source to (4) If the Administrator intends to (b) General requirements for pollution no longer be subject to the subpart. disapprove the request that the subpart prevention exemption. (1) Until the (ii) A description of the pollution no longer apply, the Administrator will owner or operator receives written prevention measures used to eliminate notify the owner or operator in writing notification that the Administrator has the hazardous air pollutant emissions, of the intent to deny approval within approved a pollution prevention and a demonstration that the measures the applicable notification period after exemption according to this section, the qualify as pollution prevention as receiving the request. The written major or area source is subject to all defined in § 63.2. notification will include the information applicable requirements in the subpart. (iii) A demonstration that the in paragraphs (d)(4)(i) through (d)(4)(iii) (2) Upon receipt by the owner or pollution prevention measures have of this section. operator of the written notification of eliminated all hazardous air pollutant (i) Notice of the information and approval from the Administrator, the emissions from each source of emissions findings on which the intended major or area source is no longer subject to which any requirement under the disapproval is based. to the subpart. (ii) Notice of opportunity for the (3) The approved exemption applies subpart applies. (iv) Documentation that the subpart owner or operator to present additional only as long as no hazardous air information to the Administrator before pollutant is emitted from any source of does not include a limit of zero hazardous air pollutant emissions for final action on the request. emissions to which any requirement (iii) A deadline for presenting the any source of emissions to which any under the subpart applies. The owner or additional information to the requirement under the subpart applies. operator must notify the Administrator Administrator. at least 30 days prior to emitting a (v) A certification signed by a (5) If additional information is hazardous air pollutant. If any responsible official that the major or submitted according to paragraph hazardous air pollutant is emitted from area source will not resume emitting (d)(4)(ii) of this section, the any such source of emissions, the major any hazardous air pollutant from any Administrator will notify the owner or or area source is subject to the subpart, source of emissions to which any operator in writing of the approval or and the owner or operator must comply requirement under the subpart applies disapproval of the request within the with the subpart as of that date. unless the owner or operator notifies the applicable notification period after (4) If the applicability of the subpart Administrator in writing at least 30 days receiving any additional information. If is the only reason that the major or area prior to emitting a hazardous air additional information has not been source is subject to requirements under pollutant. submitted by the deadline established 40 CFR part 70 or 71 (i.e., the title V (vi) A certification signed by a according to paragraph (d)(4)(iii) of this operating permits program), after responsible official that the subpart will section, the Administrator will receiving the written notification that again apply to the major or area source disapprove the request. Failure of the the source is no longer subject to the on the date that the source resumes Administrator to notify the owner or subpart, the owner or operator may emitting a hazardous air pollutant, and operator in writing of the approval or apply to the permitting authority to no that the owner or operator will comply disapproval within the applicable longer be subject to the title V operating with all applicable requirements of the notification period after receiving the permits program and to have the subpart on that date. additional information does not existing permit rescinded. (d) Review and approval or constitute approval of the request. (c) Request for pollution prevention disapproval of request for pollution (6) If the Administrator approves the exemption. (1) The owner or operator prevention exemption. (1) For each request that the subpart no longer apply, may submit a written request to the request submitted for a pollution the Administrator will transmit written Administrator at any time after the first prevention exemption in accordance approval to the owner or operator that applicable compliance date for the with paragraph (c) of this section, the includes the elements in paragraphs major or area source to no longer be Administrator will notify the owner or (d)(6)(i) through (d)(6)(v) of this section. subject to the subpart. For a source at a operator in writing of the approval of, or The written approval document shall be Performance Track member facility, the intent to deny approval of, the request enforceable under the CAA. owner or operator must submit the within a 45-day notification period after (i) Identification of the subpart of this request to the Administrator and is receiving the request. For a source at a part that no longer applies. encouraged to submit it to the Performance Track member facility, the (ii) Identification of each specific designated performance track contact notification period for approval or source of emissions to which the within EPA. (The Administrator will intent to deny is 30 days after receiving approval would apply, i.e., the source(s) designate a central contact within the the request. of emissions to which the subpart EPA to facilitate and expedite the (2) The major or area source is subject would no longer apply. review of a Performance Track member to the subpart until the Administrator (iii) Any additional compliance facility’s request for a pollution notifies the owner or operator in writing measures deemed necessary by the prevention exemption.) of the approval of the request to no Administrator. (2) The written request may include longer be subject to the subpart. Failure (iv) A requirement that the owner or any information that the owner or of the Administrator to notify the owner operator provide written notice to the operator considers useful to or operator in writing of the approval of, Administrator at least 30 days prior to demonstrate that the subpart should no or intent to deny approval of, the emitting a hazardous air pollutant from longer apply. At a minimum, the written request within the applicable the source of emissions to which the request must include the information in notification period after receiving the approval applies.
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(v) A condition that the subpart will hazardous air pollutant emissions to at Administrator has provided written again apply on the date that the major least the level that is required by the notification according to paragraph or area source begins to emit a applicable emission limitation(s), and (d)(4) of this section that an applicable hazardous air pollutant from the source maintained hazardous air pollutant requirement under the subpart does not of emissions to which the approval emissions at that level. If the owner or apply. applies, and that the owner or operator operator is applying for pollution (c) Request for pollution prevention of a major or area source must comply prevention alternative requirements for alternative requirements. (1) The owner with the subpart on that date. an affected source subject to an or operator may submit a written 4. Section 63.18 is added to read as emission limitation, the hazardous air request to the Administrator at any time follows: pollutant emissions must be reduced at after the first applicable compliance least to the level required by the date for use of pollution prevention § 63.18 Pollution prevention alternative alternative requirements. For a source at requirements. emission limitation that applies to that affected source. a Performance Track member facility, Consistent with EPA’s commitment to (b) General requirements for pollution the owner or operator must submit the promote and encourage pollution prevention alternative requirements. (1) request to the Administrator and is prevention, this section provides a Until the owner or operator receives encouraged to submit it to the mechanism for a major or area source to written notification that the designated performance track contact replace particular requirements of a Administrator has approved pollution within EPA. (The Administrator will subpart of this part with pollution prevention alternative requirements designate a central contact within the prevention alternative requirements if according to this section, the affected EPA to facilitate and expedite the the owner or operator has implemented source is subject to all applicable review of a Performance Track member pollution prevention measures that requirements in the subpart. For an facility’s request for pollution reduce hazardous air pollutant affected source that is currently exempt prevention alternative requirements.) emissions to at least the level required from a subpart pursuant to § 63.17, the (2) The written request may include by the emission limitation(s) in that affected source is subject to all any information that the owner or subpart after the initial compliance date requirements contained in the written operator considers useful to specified in that subpart. approval document for the exemption demonstrate that pollution prevention (a) Applicability of pollution until the owner or operator receives alternative requirements are justified. At prevention alternative requirements. written notification that the a minimum, the written request must The owner or operator of an affected Administrator has approved pollution include the information in paragraphs source subject to emission limitation(s) prevention alternative requirements. (c)(2)(i) through (c)(2)(ix) of this section. in a subpart of this part may submit a (2) Upon receipt by the owner or (i) A statement identifying the subpart written request to the Administrator for operator of the written notification of and each source of emissions that is approval of pollution prevention approval from the Administrator, the currently subject to the subpart, and alternative requirements, including (as approved pollution prevention indicating that the owner or operator is desired) alternative compliance alternative requirements become the applying for the use of pollution demonstration procedures, monitoring, applicable requirements for the source prevention alternative requirements. recordkeeping, and reporting. This of emissions. Accordingly, the source of (Indicate if the affected source is mechanism may not be used to request emissions is no longer subject to the currently exempt from the subpart alternative test methods or emission compliance requirements in the subpart pursuant to § 63.17.) limits. The owner or operator of an that the alternative requirements (ii) A description of each source of affected source that is currently exempt specifically replace. emissions for which pollution from a subpart of this part pursuant to (3) The approved pollution prevention alternative requirements are § 63.17 may also apply for alternative prevention alternative requirements requested. requirements. The request for approval apply only as long as the owner or (iii) A description of the pollution of pollution prevention alternative operator continues to use the approved prevention measures used to reduce requirements may be for a portion of an pollution prevention measures and to hazardous air pollutant emissions from affected source (for example, where the reduce hazardous air pollutant each source of emissions, and a emission limitation applies to a source emissions to at least the level specified demonstration that the measures qualify of emissions within the affected source in the approved request. The owner or as pollution prevention as defined in rather than to the entire affected source), operator must notify the Administrator § 63.2. for an affected source, or for multiple at least 30 days prior to discontinuing (iv) A demonstration that the affected sources (for example, where the the approved pollution prevention pollution prevention measures have subpart includes several affected measures or failing to maintain the reduced hazardous air pollutant sources with different emission hazardous air pollutant reductions. If emissions from each identified source of limitations for each affected source). To the owner or operator discontinues the emissions at least to the level that is apply for pollution prevention approved pollution prevention required by the applicable emission alternative requirements, the owner or measures and/or fails to maintain the limitation. operator of an affected source must meet hazardous air pollutant reductions (v) Proposed specific pollution the requirements in paragraphs (a)(1) specified in the approved request, all prevention alternative requirements, and (2) of this section for each affected applicable requirements of the subpart including (as needed) procedures for source. again apply, and the owner or operator demonstrating continuous compliance, (1) The affected source was subject to must comply with the applicable monitoring (which may include tracking the subpart on the first applicable requirements as of that date. of material purchases and composition), compliance date specified in the (4) At all times after the first recordkeeping, and reporting to assure subpart. applicable compliance date identified in compliance with the commitment to (2) The owner or operator has the subpart, the affected source must continue using the pollution prevention implemented pollution prevention comply with each applicable measures and to maintain the described measures (as defined in § 63.2) to reduce requirement in the subpart, unless the hazardous air pollutant reductions.
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(vi) A citation of each applicable condition of approving the pollution emissions on the date that the owner or requirement in the subpart that the prevention alternative requirements. operator discontinues the pollution owner or operator proposes to replace (4) If the Administrator intends to prevention measures and/or fails to with the proposed pollution prevention disapprove the request for pollution maintain the hazardous air pollutant alternative requirements, accompanied prevention alternative requirements, the reductions described in the request for by an explanation of how the proposed written notification will include the that source of emissions, and that the alternative requirements satisfy the information in paragraphs (d)(4)(i) owner or operator must comply with all intent of the replaced requirements and/ through (d)(4)(iii) of this section. applicable requirements of the subpart or why the replaced requirements are (i) Notice of the information and on that date. not necessary. findings on which the intended (e) Review and approval or (vii) A certification signed by a disapproval is based. disapproval of request for modification responsible official that each source of (ii) Notice of opportunity for the to approved pollution prevention emissions will not discontinue the owner or operator to present additional alternative requirements. (1) If a request pollution prevention measures or fail to information to the Administrator before for pollution prevention alternative maintain the hazardous air pollutant final action on the request. requirements has been approved reductions described in the request (iii) A deadline for presenting the according to paragraph (d) of this unless the owner or operator notifies the additional information to the section, the owner or operator may Administrator in writing at least 30 days Administrator. submit a request to modify the pollution prior to discontinuing the pollution (5) If additional information is prevention alternative requirements. prevention measures or failing to submitted according to paragraph (2) The request must include, at a maintain the hazardous air pollutant (d)(4)(ii) of this section, the minimum, the information specified in reductions. Administrator will notify the owner or paragraphs (c)(2)(i) through (c)(2)(ix) of (viii) A certification signed by a operator in writing of the approval or this section. responsible official that the disapproval of the request within the (3) The Administrator will approve or requirements in the subpart will again applicable notification period after disapprove the request according to the apply to each source of emissions on the receiving any additional information. If procedures in paragraphs (d)(1) through date that the owner or operator additional information has not been (d)(6) of this section. discontinues the pollution prevention submitted by the deadline established (4) Each source of emissions is subject measures and/or fails to maintain the according to paragraph (d)(4)(iii) of this to the previously-approved pollution hazardous air pollutant reductions, and section, the Administrator will prevention alternative requirements that the owner or operator will comply disapprove the request. Failure of the until the Administrator notifies the with all applicable requirements of the Administrator to notify the owner or owner or operator in writing of the subpart on that date. operator in writing of the approval or approval of the modified pollution (ix) A certification signed by a disapproval within the applicable prevention alternative requirements. responsible official that the affected notification period after receiving the source is subject to and in compliance additional information does not [FR Doc. 03–12180 Filed 5–14–03; 8:45 am] with all applicable requirements in the constitute approval of the request. BILLING CODE 6560–50–P subpart not specifically identified in (6) If the Administrator approves the paragraph (c)(2)(vi) of this section (i.e., request for pollution prevention not proposed to be replaced by alternative requirements, the DEPARTMENT OF DEFENSE alternative compliance requirements). Administrator will transmit written (d) Review and approval or approval to the owner or operator that 48 CFR Parts 208, 219, and 252 disapproval of request for pollution includes the elements listed in [DFARS Case 2002–D003] prevention alternative requirements. (1) paragraphs (d)(6)(i) through (d)(6)(v) of For each request submitted according to this section. The written approval Defense Federal Acquisition paragraph (c) of this section, the document shall be enforceable under Regulation Supplement; Competition Administrator will notify the owner or the CAA. Requirements for Purchases From a operator of the affected source in (i) Identification of each specific Required Source writing of the approval or intent to deny source of emissions covered by the approval within a 45-day period after approval. AGENCY: Department of Defense (DoD). receiving the request. For a source at a (ii) The pollution prevention ACTION: Proposed rule with request for Performance Track member facility, the alternative requirements that apply to comments. notification period for approval or each designated source of emissions, intent to deny is 30 days after receiving including any additional compliance SUMMARY: DoD is proposing to amend the request. measures deemed necessary by the the Defense Federal Acquisition (2) The affected source is subject to all Administrator. Regulation Supplement (DFARS) to of the requirements in the subpart until (iii) The applicable requirements of implement Section 811 of the National the Administrator notifies the owner or the subpart that no longer apply to each Defense Authorization Act for Fiscal operator in writing of the approval of designated source of emissions. Year 2002 and Section 819 of the the request to use pollution prevention (iv) A requirement that the owner or National Defense Authorization Act for alternative requirements. Failure of the operator provide written notice to the Fiscal Year 2003. Sections 811 and 819 Administrator to notify the owner or Administrator at least 30 days prior to address requirements for conducting operator in writing of the approval or discontinuing the pollution prevention market research before purchasing a intent to deny approval of the request measures and/or failing to maintain the product listed in the Federal Prison within the applicable notification HAP reductions described in the Industries (FPI) catalog, and for use of period after receiving the request does request. competitive procedures if an FPI not constitute approval of the request. (v) A condition that the applicable product is found to be noncomparable (3) The Administrator may specify requirements of the subpart will again to products available from the private additional compliance requirements as a apply to each designated source of sector. Section 819 also addresses
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limitations on an inmate worker’s access clarify requirements for conducting on small business concerns, because the to information and on use of FPI as a market research before purchasing a rule permits small businesses to subcontractor. product listed in the FPI catalog; (2) participate in procurements for supplies DATES: Comments on the proposed rule specify requirements for use of that were previously allocated to FPI on should be submitted in writing to the competitive procedures or for making a a priority basis. address shown below on or before July purchase under a multiple award DoD Response: DoD expects this rule 14, 2003, to be considered in the contract if an FPI product is found to be to have a positive impact on small formation of the final rule. noncomparable to products available businesses. If an FPI product is from the private sector; (3) specify that determined to be noncomparable, small ADDRESSES: Respondents may submit a contracting officer’s determination, comments directly on the World Wide businesses will have the opportunity to regarding the comparability of an FPI Web at http://emissary.acq.osd.mil/dar/ compete. The rule further provides product to products available from the dfars.nsf/pubcomm. As an alternative, small businesses an opportunity to private sector, is not subject to the respondents may e-mail comments to: compete with FPI as their sole arbitration provisions of 18 U.S.C. [email protected]. Please cite DFARS competitor. 4124(b); (4) specify that a DoD Case 2002–D003 in the subject line of e- contractor may not be required to use 2. Micro-Purchase Exclusion mailed comments. Comment: DoD should exempt micro- Respondents that cannot submit FPI as a subcontractor; and (5) prohibit purchases ($2,500 and under) from the comments using either of the above the award of a contract to FPI that requirements of the rule. The methods may submit comments to: would allow an inmate worker access to Defense Acquisition Regulations classified or sensitive information. procedures of the rule are far too This proposed rule further Council, Attn: Ms. Susan Schneider, burdensome for micro-purchases. implements the requirements of Section Comment: The requirements of OUSD (AT&L) DPAP (DAR), IMD 3C132, 811 of Public Law 107–107 and Section 811 and FPI’s statute apply 3062 Defense Pentagon, Washington, DC implements Section 819 of Public Law regardless of whether the purchase is 20301–3062; facsimile (703) 602–0350. 107–314. DoD considered comments below the micro-purchase threshold. Please cite DFARS Case 2002–D003. DoD Response: 10 U.S.C. 2410n does At the end of the comment period, received in response to the interim rule published on April 26, 2002, in not authorize DoD to provide an interested parties may view public developing this proposed rule. A exemption for micro-purchases. comments on the World Wide Web at discussion of the comments, grouped by However, FPI’s Board of Directors http://emissary.acq.osd.mil/dar/ subject area, is provided below: recently adopted a resolution exempting dfars.nsf. purchases at or below $2,500 from FPI 1. Small Business Issues FOR FURTHER INFORMATION CONTACT: Ms. clearance requirements. This change is Susan Schneider, (703) 602–0326. Comment: DoD should provide being processed under a separate FAR SUPPLEMENTARY INFORMATION: guidance on the role of FPI participation case. When the FAR is amended to in small business set-aside A. Background reflect this exemption, the text at competitions. Some respondents want DFARS 208.606(1) will become obsolete Section 811 of the National Defense DoD to restrict FPI participation to those and will be removed. Therefore, this Authorization Act for Fiscal Year 2002 acquisitions that have not been set aside proposed rule excludes the text at (Pub. L. 107–107) added 10 U.S.C. for competition among small businesses. DFARS 208.606(1). 2410n, providing that (1) before Those respondents indicate that, prior purchasing a product listed in the FPI to the issuance of the first interim rule, 3. Competitive Procedures catalog, DoD must conduct market FPI had been defined as an ‘‘other than Comment: DoD should provide research to determine whether the FPI small’’ business and, therefore, is not examples of ‘‘competitive procedures.’’ product is comparable in price, quality, eligible to compete for small business DoD Response: Section 819 of Public and time of delivery to products set-aside awards. Other respondents Law 107–314 added a definition of available from the private sector; (2) if commented that FPI participation in ‘‘competitive procedures’’ as it applies the FPI product is not comparable in small business set-asides will have a to 10 U.S.C. 2410n. The definition in the price, quality, and time of delivery, DoD positive effect on FPI. proposed rule at 208.601–70 reflects the must use competitive procedures to DoD Response: Section 811 of Public statutory definition, and also includes acquire the product; and (3) in Law 107–107 was silent on FPI’s competition conducted using simplified conducting such a competition, DoD relationship to small business set- acquisition procedures in accordance must consider a timely offer from FPI asides. However, Section 819 of Public with FAR Part 13. for award in accordance with the Law 107–314 added a definition of specifications and evaluation factors in ‘‘competitive procedures’’ as it applies 4. GSA Multiple Award Schedules the solicitation. to 10 U.S.C. 2410n. This definition is Comment: It is questionable whether On April 26, 2002, DoD published an the one at 10 U.S.C. 2302(2), which the use of GSA multiple award interim rule at 67 FR 20687 to includes, in subsection (2)(D), schedules constitutes ‘‘competitive implement Section 811 of Public Law ‘‘procurements conducted in procedures’’ as contemplated in Section 107–107. In addition, DoD conducted a furtherance of section 15 of the Small 811. Confusion arises because orders on public meeting on June 2, 2002, to hear Business Act (15 U.S.C. 644) * * *’’ GSA schedules do not require issuance the views of interested parties. Therefore, this proposed rule adds text of a solicitation or establishment of Approximately 60 persons attended the at 208.601–70, 208.602(a)(iv)(B), subpart evaluation factors. public meeting, and 43 sources 219.5, and Part 252 to provide for the DoD Response: Section 811 of Public submitted written comments in inclusion of FPI in procurements Law 107–107 was silent on FPI’s response to the interim rule. conducted using small business set- relationship to the GSA multiple award On December 2, 2002, Section 819 of aside procedures. schedule program. However, the the National Defense Authorization Act Comment: The Initial Regulatory definition of ‘‘competitive procedures’’ for Fiscal Year 2003 (Public Law 107– Flexibility Analysis is correct in stating added by Section 819 of Public Law 314) amended 10 U.S.C. 2410n to (1) that the rule will have a positive effect 107–314 includes ‘‘the procedures
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established by the Administrator of comparability determination, a adhere to the ‘‘if-then’’ approach General Services for the multiple award requirement for a written document has established in 10 U.S.C. 2410n. schedule program * * *’’ (10 U.S.C. been included in the proposed rule at 6. The Resolution Process 2302(2)(C)). The definition of 208.602(a)(ii). This document will ‘‘competitive procedures’’ in the include an assessment of the three Comment: Does the arbitration panel proposed rule at 208.601–70 includes factors, based on the results of market affect the resolution of protests? In the use of GSA multiple award research that compares FPI products to enacting Section 811, Congress was schedules (as one of the procedures in those available from the private sector. silent regarding the arbitration panel’s FAR 6.102). The proposed rule provides Comment: Eliminate the requirement authority or whether a clearance or further clarification, at 208.602(a)(iv)(C), to allow FPI to compete if, based on waiver from FPI is required if the regarding competitive procedures market research, it is determined market research indicates that FPI’s involving multiple award schedules. noncomparable to the private sector. products are not comparable to those Comment: Contracting officers should The private sector does not receive two available from the private sector. be authorized to acquire the product off chances, so FPI should not either. DoD Response: Although Section 811 the Federal Supply Schedule, DoD Response: Do not concur. The was silent on this matter, Section 819 of eliminating further competition if recommended change does not comply Public Law 107–314 provides that the Federal Supply Schedule published with 10 U.S.C. 2410n, which requires contracting officer’s determination, prices are lower than FPI catalog prices. that an offer from FPI be considered if regarding the comparability of FPI DoD Response: Do not concur. This made in a timely fashion. products or services to those available Comment: Section 811 is not would violate 10 U.S.C. 2410n, which from the private sector that best meet appropriate for build-to-print items requires market research to determine if DoD’s needs in terms of price, quality, (spares) that support older weapons the FPI product is comparable. If the FPI and time of delivery, is not subject to 18 systems. It is more appropriate for product is determined to be U.S.C. 4124(b). 18 U.S.C. 4124(b) commercial-type items, where it is noncomparable, competitive procedures addresses the arbitration board process must be used to acquire the product. easier to conduct market surveys for as it relates to disputes as to price, comparison purposes. In some cases, the quality, character, or suitability of FPI 5. Comparability organization uses the Government’s Comment: The meaning of depot cost to fabricate, as a basis of products. The proposed rule amends the ‘‘comparable price, quality, and time of comparison. The use of the term text at DFARS 208.602(a)(i) to clarify delivery’’ is questionable with respect to ‘‘private sector’’ invalidates that that the arbitration board process does FPI products compared to private sector comparison and requires a further not apply to a contracting officer’s competition. Recognizing that it may comparison before award to FPI. comparability determination. not be feasible to produce a single DoD Response: It appears that 10 7. Delegation of Authority general methodology that applies to U.S.C. 2410n was tailored more for every product, the rule should require commercial-type items than build-to- Comment: Will the determination to disclosure of specific guidelines and the print items. However, DoD award to other than FPI be delegated methodology used. Several respondents organizations must comply with its down to the contracting officer level, as believed it was clear from both the requirements. opposed to being kept at the department statute and the interim rule that, to be Comment: The rule does not address or agency level as stated in 208.602? found comparable to a product from the buys of military-unique items, because DoD Response: The proposed rule private sector, the FPI product must those items do not have catalog prices. amends DFARS 208.602(a) to provide meet all three criteria of price, quality, Each requirement is built to customer contracting officers the authority to and time of delivery. The inability to specification and must be individually make comparability determinations meet any one of the criteria should quoted. There are no catalogs to consult with regard to FPI products. This result in an automatic failure to find FPI for pricing and delivery, from either FPI amendment is consistent with the comparable. Several other respondents or commercial sources. Section 811 language in Section 819(c)(1) of Public stated exactly the opposite, i.e., that for would require following manual Law 107–314. the FPI product to be considered procedures, outside of automated 8. Unilateral Decision at 208.602(a) comparable, it need only be comparable procurement systems, and cause in one of the three areas. Several additional unnecessary lead time. In Comment: It is inappropriate for the respondents requested that the final rule these situations, is it permissible to rule to state that the comparability contain procedures for making the solicit commercial sources and FPI determination is ‘‘a unilateral decision noncomparability determination. simultaneously and have the made solely at the discretion of the DoD Response: Section 819(b) of competitive offers and subsequent department or agency.’’ This sentence Public Law 107–314 clarifies that DoD award decision serve as the basis for should either be stricken or clarified. may determine an FPI product to be making the determination of whether The provisions of the rule may conflict noncomparable based on price, quality, the FPI product is comparable? with other statutes or lead to possible or time of delivery. The proposed rule DoD Response: Although 10 U.S.C. misapplication of applicable law. DoD clarifies this point at 208.602(a)(iv). The 2410n does not prohibit this method of should be afforded discretion in making comparability determination must be conducting comparability its decision, however, there must be fair, but it is not practicable to set the determinations, the statute clearly guidance setting forth the criteria so the criteria that will apply to all establishes an ‘‘if-then’’ situation, i.e., if decisions are not arbitrary or capricious. circumstances. The contracting officer the Secretary makes a noncomparability DoD Response: Do not concur. The must retain flexibility. The word determination, then he uses competitive comparability determination is clearly ‘‘comparable’’ is already used procedures. Therefore, section 208.602 and solely a DoD determination. throughout the FAR with its common of the proposed rule addresses the 9. Terminology dictionary meaning (‘‘having sufficient market research and resulting features in common with something else comparability determination as a step Comment: The words ‘‘FPI Schedule’’, to afford comparison’’). To support the separate from the solicitation process, to in the first sentence of 208.602(a),
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should be changed to ‘‘FPI Catalog’’ to 14. Use of the Phrase ‘‘That Best Meet C. Paperwork Reduction Act conform to the language in Section 811. the Government’s Needs’’. The Paperwork Reduction Act does DoD Response: Do not concur. The Comment: The rule should be revised not apply because the rule does not word ‘‘Schedule’’ has been retained to to conform to the text of Section 811 by impose any information collection conform to the terminology used in FAR deleting the phrase ‘‘that best meet the requirements that require the approval subpart 8.4. Government’s needs’’ at each of the of the Office of Management and Budget 10. Previous DoD Guidance three locations where it appears. This under 44 U.S.C. 3501, et seq. phrase does not meet the intent of the List of Subjects in 48 CFR Parts 208, Comment: The validity of a policy statute. 219, and 252 memorandum from the Office of the DoD Response: DoD used the phrase Assistant Secretary of Defense, dated Government procurement. ‘‘that best meet the Government’s October 1988, that directs use of GSA needs’’ in the interim rule to provide Michele P. Peterson, schedules as a ‘‘quick and efficient’’ needed guidance in this area. This Executive Editor, Defense Acquisition way to obtain furniture for DoD phrase was included in Section 819 of Regulations Council. activities is questionable. Public Law 107–314 and, therefore, has Therefore, DoD proposes to amend 48 DoD Response: DoD recommends that been retained in the proposed rule. CFR Parts 208, 219, and 252 as follows: the respondent not use this 1. The authority citation for 48 CFR memorandum for guidance. The policy 15. Application of Priorities for Use of Government Supply Sources. Parts 208, 219, and 252 continues to has been superceded by 10 U.S.C. 2410n read as follows: and its implementing regulations. Comment: If the FPI item is not Authority: 41 U.S.C. 421 and 48 CFR 11. Sole-source Purchases comparable, can the Government go Chapter 1. directly to JWOD? Comment: Is there a requirement to DoD Response: No. FPI can still fulfill PART 208—REQUIRED SOURCES OF perform a comparability determination the requirement, even though it has SUPPLIES AND SERVICES if the need is to be acquired on a sole- been determined to be source basis? 2. Section 208.601–70 is added to noncomparable.10 U.S.C. 2410n read as follows: DoD Response: 10 U.S.C. 2410n does requires DoD to consider a timely offer not provide for sole-source purchases. If from FPI under such circumstances. 208.601–70 Definitions. a product is on the FPI Schedule, the This rule was subject to Office of As used in this subpart— purchaser must follow the DFARS Management and Budget review under Competitive procedures includes the policy implementing 10 U.S.C. 2410n. Executive Order 12866, dated procedures in FAR 6.102, the set-aside 12. Architect-engineer Contracts September 30, 1993. procedures in FAR subpart 19.5, and competition conducted in accordance Comment: There is concern about B. Regulatory Flexibility Act with FAR part 13. mandating the use of FPI products for This rule may have a significant Market research means obtaining architect-engineer contracts. The rule economic impact on a substantial specific information about the price, should state that ‘‘FPI may not be number of small entities within the quality, and time of delivery of products specified as a source, nor shall an FPI meaning of the Regulatory Flexibility available in the private sector and may product be prescribed or recommended Act, 5 U.S.C. 601, et seq., because the include techniques described in FAR in any design or specification prepared rule will permit small entities to 10.002(b)(2). by an architect or engineer under compete with FPI for DoD contract 3. Sections 208.602 and 208.606 are contract to the Government.***’’ awards under certain conditions. An revised to read as follows: DoD Response: The requirements of initial regulatory flexibility analysis has 208.602 Policy. 10 U.S.C. 2410n are imposed on the been prepared and is summarized as (a)(i) Before purchasing a product Government, not on the contractor. follows: This rule proposes amendments listed in the FPI Schedule, conduct Section 819 of Public Law 107–314 to DoD policy pertaining to the market research to determine whether added text prohibiting DoD from acquisition of products from FPI. The the FPI product is comparable to requiring a contractor or potential rule implements 10 U.S.C. 2410n. The products available from the private contractor to use FPI as a subcontractor impact of the rule is unknown at this sector that best meet the Government’s or supplier. This prohibition is time. However, the rule could benefit needs in terms of price, quality, and addressed in the proposed rule at small business concerns that offer time of delivery (10 U.S.C. 2410n). This 208.670. products comparable to those listed in is a unilateral determination made at the 13. Use of the Term ‘‘Solicitation’’. the FPI Schedule, by permitting those discretion of the contracting officer. The concerns to compete for DoD contract procedures of FAR 8.605 do not apply. Comment: Use of the term awards. (ii) Prepare a written determination ‘‘solicitation’’ means one must proceed A copy of the analysis may be that includes supporting rationale with issuing a formal solicitation obtained from the point of contact explaining the assessment of price, whenever an agency determines that an specified herein. DoD invites comments quality, and time of delivery, based on FPI product is not comparable. from small businesses and other the results of market research comparing DoD Response: Do not concur. As interested parties. DoD also will FPI products to those available from the defined in FAR 2.101, ‘‘solicitation’’ consider comments from small entities private sector. means any request to submit offers or concerning the affected DFARS subparts (iii) If the FPI product is comparable, quotations to the Government. For in accordance with 5 U.S.C. 610. Such follow the policy at FAR 8.602(a). further clarification, the proposed rule comments should be submitted (iv) If the FPI product is not separately addresses the use of multiple separately and should cite DFARS Case comparable in one or more of the areas award schedules at 208.602(a)(iv)(C). 2002–D003. of price, quality, and time of delivery—
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(A) Acquire the product using— (3) Other utilities; or the set-aside and non-set-aside portion of this (1) Competitive procedures; or (c) Personal or financial information requirement. (2) The fair opportunity procedures in about any individual private citizen, [FR Doc. 03–12190 Filed 5–14–03; 8:45 am] FAR 16.505, if placing an order under including information relating to such BILLING CODE 5001–08–P a multiple award task or delivery order person’s real property however contract; described, without the prior consent of (B) Include FPI in the solicitation the individual. DEPARTMENT OF TRANSPORTATION process and consider a timely offer from FPI for award in accordance with the PART 219—SMALL BUSINESS National Highway Traffic Safety requirements and evaluation factors in PROGRAMS Administration the solicitation, including solicitations issued using small business set-aside 5. Section 219.502–70 is added to 49 CFR Part 571 procedures; and read as follows: (C) When using a multiple award [DOT Docket No. NHTSA–03–14907] 219.502–70 Inclusion of Federal Prison schedule issued under the procedures of Industries, Inc. RIN 2127–AI43 FAR subpart 8.4— (1) Establish and communicate to FPI When using competitive procedures Federal Motor Vehicle Safety the requirements and evaluation factors in accordance with 208.602(a)(iv), Standards; Transmission Shift Lever that will be used as the basis for include Federal Prison Industries, Inc. Sequence, Starter Interlock, and selecting a source, so that an offer from (FPI), in the solicitation process and Transmission Braking Effect FPI can be evaluated on the same basis consider a timely offer from FPI. AGENCY: National Highway Traffic as the schedule holder; and 6. Section 219.508 is added to read as Safety Administration (NHTSA), DOT. (2) Consider a timely offer from FPI. follows: ACTION: Notice of proposed rulemaking 208.606 Exceptions. 219.508 Solicitation provisions and (NPRM). For DoD, FPI clearances also are not contract clauses. SUMMARY: This document proposes to required when the contracting officer (c) Use the clause at FAR 52.219–6, makes a determination that the FPI amend the starter interlock Notice of Total Small Business Set- requirements of Federal Motor Vehicle product is not comparable to products Aside, with 252.219–70XX, Alternate A, available from the private sector that Safety Standard No. 102 to permit a when the procedures of 208.602(a)(iv) vehicle’s engine to stop and restart best meet the Government’s needs in apply to the acquisition. terms of price, quality, and time of automatically after the driver has (d) Use the clause at FAR 52.219–7, delivery, and the procedures at initially started the vehicle. The Notice of Partial Small Business Set- 208.602(a)(iv) are used. amendment would facilitate the Aside, with 252.219–70YY, Alternate A, 4. Sections 208.670 and 208.671 are development of propulsion systems, when the procedures of 208.602(a)(iv) added to read as follows: such as hybrid/electric systems, that apply to the acquisition. conserve energy and reduce emissions 208.670 Performance as a subcontractor. by stopping the engine (internal PART 252—SOLICITATION Do not require a contractor, or combustion engine) when it is not PROVISIONS AND CONTRACT subcontractor at any tier, to use FPI as needed. To prevent inadvertent vehicle CLAUSES a subcontractor for performance of a motion in reverse gear that may result from a driver shifting error, the contract by any means, including means 7. Sections 252.219–70XX and proposed amendment would allow a such as— 252.219–70YY are added to read as propulsion system to start and stop (a) A solicitation provision requiring follows: a potential contractor to offer to make automatically in reverse gear only if the use of FPI products or services; 252.219–70XX Alternate A. system exhibits, at least, a minimum ‘‘creep force’’ when the engine is (b) A contract specification requiring Alternate A (XXX 2003) the contractor to use specific products stopped. or services (or classes of products or As prescribed in 219.508(c), substitute the following paragraph (b) for paragraph (b) of DATES: You should submit your services) offered by FPI; or the clause at FAR 52.219–6: comments early enough to ensure that (c) Any contract modification (b) General. (1) Offers are solicited only Docket Management receives them not directing the use of FPI products or from small business concerns and Federal later than July 14, 2003. services. Prison Industries, Inc. (FPI). Offers received ADDRESSES: You should mention the from concerns that are not small business 208.671 Protection of classified and concerns or FPI shall be considered docket number of this document in your sensitive information. nonresponsive and will be rejected. comments and submit your comments Do not enter into any contract with (2) Any award resulting from this in writing to: Docket Management, FPI that allows an inmate worker access solicitation will be made to either a small Room PL–401, 400 Seventh Street, SW., to any— business concern or FPI. Washington, DC 20590. (a) Classified data; You may call the Docket at 202–366– (b) Geographic data regarding the 252.219–70YY Alternate A. 9324. You may visit the Docket from 10 a.m. to 5 p.m., Monday through Friday. location of— Alternate A (XXX 2003) (1) Surface and subsurface FOR FURTHER INFORMATION CONTACT: For infrastructure providing As prescribed in 219.508(d), add the non-legal issues, you may call Mr. communications or water or electrical following paragraph (d) to the clause at William Evans, Office of Crash power distribution; FAR 52.219–7: Avoidance Standards at (202) 366–2272. (2) Pipelines for the distribution of (d) Notwithstanding paragraph (b) of this His FAX number is (202) 493–2739. natural gas, bulk petroleum products, or clause, offers will be solicited and considered For legal issues, you may call Ms. other commodities; or from Federal Prison Industries, Inc., for both Dorothy Nakama, Office of the Chief
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Counsel at (202) 366–2992. Her FAX transmission shift lever is in a drive cause motion of a vehicle loaded to its number is (202) 366–3820. position. Gross Vehicle Weight Rating (GVWR) on You may send mail to both of these Each manufacturer requested us to a level, paved surface before the service officials at National Highway Traffic interpret S3.1.3 as it applied to these brake pedal is completely released. Safety Administration, 400 Seventh St., new vehicles. In interpretation letters to Although not required by the Federal SW., Washington, DC 20590. Toyota (November 1, 1999) and Honda Motor Vehicle Safety Standards, creep SUPPLEMENTARY INFORMATION: (January 17, 2001), we concluded that force exists on virtually all vehicles S3.1.3 would not prohibit either system. powered by ICE engines and equipped Table of Contents In each case we based our with automatic transmissions. I. Executive Summary interpretations on a finding that the To measure creep force, we propose a II. What is the Safety Need for this system met S3.1.3’s underlying purpose test procedure that will be applicable to Rulemaking? of ensuring that the vehicle will not any vehicle whose propulsion system III. How Different Hybrid/Electrical Systems Work lurch forward or backward during driver provides for automatic stopping and A. How the Toyota Hybrid System Works— activation of the engine starter because restarting when the transmission is in The Prius driver activation of the engine starter is Reverse. inoperative when the transmission shift B. How Idle-Stop Technology Works—The II. What Is the Safety Need for This Honda Insight lever is in a drive position. We also Rulemaking? IV. Previous Related Rulemaking Action— noted that these new systems were more ZEMCO Petition complex than those on vehicles that This rulemaking addresses the starter V. Notice of Proposed Rulemaking existed when S3.1.3 was first adopted, interlock requirement in S3.1.3 of A. Reed Interpretation Letter, the and that we planned to conduct FMVSS No. 102, which currently states Significance of Reverse Drive and the rulemaking to update the requirements that the engine starter shall be Park Position of FMVSS No. 102. Pending completion inoperative when the transmission shift B. Safety Importance of Creep Force in lever is in a forward or reverse drive Cueing the Driver—Creep Force in of the rulemaking, we stated that we Reverse would interpret S3.1.3 as requiring that position. The requirement was adopted C. The Level of Creep Force Specified driver activation of the engine starter as part of the original standard in 1968 D. The Safety Need for Fail-Safe Provisions must be inoperative when the for the purpose of preventing injuries for Automatic Engine Stopping and transmission shift lever is in a forward and death from the unexpected surging Restarting While the Transmission and/ or reverse drive position. of a vehicle forward or rearward in cases or Transmission Shift Lever Are in Gear This notice proposes to amend S3.1.3 where the driver starts the vehicle while VI. Leadtime to accommodate these new its transmission is inadvertently in a VII. Regulatory Analyses and Notices technologies, while preserving the forward or reverse drive gear. A. Executive Order 12866; DOT Regulatory safety purpose of the standard. With The development of the Toyota Policies and Procedures respect to vehicles with automatic Hybrid System (THS) used on the Prius B. Executive Order 13132 (Federalism) introduced a low emission, fuel saving C. Executive Order 13045 (Economically transmissions, the agency proposes that, Significant Rules Disproportionately after activation of the vehicle’s propulsion system that, by design, Affecting Children) propulsion system by the driver, the allows the engine to stop and restart D. Executive Order 12778 (Civil Justice engine may stop and restart automatically while the transmission Reform) automatically when the transmission shift lever remains in a drive position. E. Regulatory Flexibility Act shift lever is in any forward drive gear. The design of the THS satisfies the F. National Environmental Policy Act We also propose to permit the engine concern addressed in S3.1.3, that the G. Paperwork Reduction Act to start and stop automatically when the driver not be able to activate the engine H. National Technology Transfer and transmission shift lever is in Reverse, starter when the transmission shift lever Advancement Act is in a forward or reverse drive position; I. Unfunded Mandates Reform Act of 1995 but only if the vehicle’s propulsion J. Data Quality Guidelines system provides, at least, a minimum however, the THS design is not in K. Plain Language creep force in Reverse when the engine compliance with S3.1.3’s literal L. Regulation Identifier Number (RIN) is stopped, the accelerator is released meaning. Until the development of the Proposed Regulatory Text and the propulsion system is activated. THS, it was not necessary for S3.1.3 to In vehicles whose engines automatically differentiate between driver activation I. Executive Summary start and stop in Reverse, creep force is and automatic activation of the engine The starter interlock requirement of a force that must be overcome by driver starter as the driver always activated the Federal Motor Vehicle Safety Standard braking even when the engine is not starter. (FMVSS) No. 102 (presently at S3.1.3) running. Creep force is significant In response to a request by Toyota states ‘‘the engine starter shall be relative to rearward motion in that it regarding the Prius, NHTSA issued an inoperative when the transmission shift serves to warn drivers of impending interpretation letter of November 1, lever is in a forward or reverse drive rearward motion before the driver fully 1999, in which we ruled that S3.1.3 position.’’ The purpose of this releases the brake (as does an internal applied to the driver’s activation of the requirement is to prevent injuries and combustion engine (ICE) automatic engine starter when the transmission death from the unexpected motion of a transmission only vehicle with the shift lever is in a forward or reverse vehicle when the driver starts the engine running). drive position, not to automatic vehicle with the transmission In ICE automatic transmission only activation of the engine starter. The THS inadvertently in a forward or reverse vehicles, creep force is the motive force raised no other FMVSS No. 102 issues. gear. Two recently introduced vehicles, applied to the vehicle by the idling From a driver’s perspective, the THS/ the Toyota Prius and the Honda Insight, engine and automatic transmission Prius operates like an ICE automatic are powered by hybrid/electric systems whenever the transmission shift lever is transmission only vehicle. The engine (the Toyota Hybrid System (THS) and in a drive position. Creep force occurs stopping and restarting mode is in effect Honda’s Idle-stop Technology (IST)) in the direction indicated by the in both forward and reverse drive gears, that permit their gasoline engines to automatic transmission shift lever and regardless of whether the gasoline stop and restart automatically while the position and provides enough force to engine or the electric motor is powering
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the vehicle, the propulsion system provides a creep force in Reverse (when gasoline engine may or may not start. If provides a creep force that must be the engine is stopped, the accelerator is the engine is within the range of normal opposed by the vehicle brake in order to released, and the propulsion system is operating temperature and battery keep the vehicle stopped when the on) that has a ratio to gross vehicle power is sufficient, the engine will not propulsion system is on, the accelerator weight rating (GVWR) of at least .015, start, but the electric motor is is released and the transmission is in the engine may stop and restart immediately available to provide motive gear. Creep force alerts the driver to the automatically when the transmission power and creep force. If battery power vehicle’s direction of travel while the shift lever is in Reverse. This is low or the engine is not within driver is in the process of releasing the amendment permits new technologies normal operating temperature, the brake pedal and minimizes the chance that allow the engine to stop and restart gasoline engine will start in order to that the driver will be surprised due to automatically with the transmission warm up the engine and/or charge the shifting errors when he depresses the shift lever in gear, but minimizes the batteries (to power the electric motor), accelerator pedal. Creep force is a possibility that the vehicle will move in then it will shut off. During normal characteristic inherent to ICE automatic a direction unexpected to the driver vehicle operation, the engine transmission only vehicles. upon restart. Automatic engine automatically stops when the Engine Later, Honda introduced the IST on restarting would be permitted only in Control Unit (ECU) determines that the the Insight equipped with a forward drive gears so that drivers learn vehicle does not need the engine to continuously variable transmission to associate restarting with forward provide additional power (motive power (CVT) and requested an interpretation motion. However, automatic engine and/or electrical power). Also, the similar to the one that NHTSA provided restarting is allowed for vehicles that engine automatically restarts when the to Toyota. IST is another hybrid/electric provide a rearward creep force in ECU determines that the vehicle needs low emission, fuel saving system, which Reverse that must be overcome by driver extra power (motive power and/or allows the gasoline engine to stop and braking even when the engine is not electrical power). When the engine is restart automatically while the running. Because such vehicles warn required, it may start when the transmission shift lever is in a drive their drivers of impending rearward transmission and the transmission shift position. IST also satisfies FMVSS No. motion before the driver fully releases lever are in drive positions. 102, S3.1.3’s concern about driver the brake (as does an ICE automatic The THS functions in all forward and shifting errors during driver activation transmission only vehicle with the reverse drive gears. The THS also of the engine starter because it renders engine running), restarting in Reverse provides creep force in all forward and driver activation of the engine starter would also be permitted. reverse drive gears regardless of whether inoperative when the transmission shift the engine or electric motor is powering lever is in a forward or reverse drive III. How Different Hybrid/Electric the vehicle at the time. Normally, when position. However, it is not in Systems Work the batteries are charged, the engine is agreement with the literal meaning of So that the reader fully understands within normal temperature range and S3.1.3. IST is similar to Toyota’s THS the safety need to conduct this the accelerator is depressed, the vehicle relative to starter interlock, but there are rulemaking, and what NHTSA seeks to will begin to accelerate by means of significant differences in other areas of accomplish in amending FMVSS No. power from the electric motor and will operation. IST does not provide creep 102, the following describes how the move in the direction both selected by force when the engine is stopped, and Toyota Prius and the Honda Insight the automatic transmission shift lever it is employed only in the forward drive operate. NHTSA considers these two and, as previously indicated, by creep gears. From a driver’s perspective, IST vehicles as examples of the type of force. As the demand for acceleration does not operate quite like an ICE electronic control systems that we can increases beyond the capability of the automatic transmission only vehicle. expect more of in the future, and that electric motor and/or as the vehicle IST does not shut the engine off in we propose to amend FMVSS No. 102 batteries require recharging, the same Reverse and therefore creep force is to accommodate. NHTSA continues to electric motor will start the vehicle retained in Reverse by means of the ensure that FMVSS No. 102 meets the engine (while the automatic idling gasoline engine and automatic need for safety. Significant differences transmission/transmission shift lever transmission. In an interpretation of between the Toyota and the Honda remain in drive positions), to provide January 17, 2001, we ruled that IST approaches are explained, and the additional motive and/or electrical would be permitted under S3.1.2, citing consequences of these differences for power. When stopping, the electric the Toyota interpretation, but because this rulemaking are discussed. motor aids in recharging the batteries the Insight does not act like an ICE through regenerative braking. A. How the Toyota Hybrid System automatic transmission only vehicle, we Works—the Prius B. How Idle-Stop Technology Works— stated that the Honda situation raised the Honda Insight new issues that would necessitate As explained further, from the further rulemaking. driver’s perspective, the THS operates Idle-stop technology (IST) is currently This notice proposes that an like an ICE automatic transmission only used on the Insight and more recently exception be added to FMVSS No. 102 vehicle. The THS, which is currently in on the Civic hybrid electric vehicle to accommodate these new hybrid/ use on the Prius, uses both an electric (system is identical to the Insight), but electric technologies while preserving motor and a gasoline engine to provide in the future it may be used on other the safety purpose of the standard. It motive power. The electric motor is the Honda and Acura models that are not proposes that for automatic primary source of motive power and is hybrids. Both hybrid vehicles are transmission equipped vehicles, after also used to start the engine. The engine powered by a low-horsepower gasoline the driver activates the vehicle’s is used to provide supplemental motive engine assisted by an electric motor. propulsion system, the engine may stop power and to charge the batteries. When the driver manually engages the and restart automatically while the Before the driver may start or turn on starter to start the vehicle’s engine, the transmission shift lever is in any the vehicle, the transmission shift lever transmission shift lever must be in Park forward drive gear. It also proposes that must be in Park. After the vehicle is or Neutral. During vehicle operation, the if the vehicle’s propulsion system started or turned on by the driver, the engine is always running except during
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certain circumstances while the vehicle sudden (panic) braking. Also, when the interpretation of FMVSS No. 102 as it is stopped. Under normal conditions engine is stopped and the transmission applies to electronic transmission shift after the vehicle has been driven with shift lever is shifted from Drive to controls. Mr. Reed specifically asked the transmission in a forward drive Reverse, Low, or Park, the engine about controls that operate automatic position at a speed greater than or equal restarts immediately while the service transmissions used in heavy trucks and to 15 kph (9.32 mph), when the driver brake pedal is depressed. recreational vehicles (RVs) and on stops the vehicle by depressing the solenoid operated power shift IV. Previous Related Rulemaking service brake pedal, the gasoline engine transmissions used in various on and off Action—ZEMCO Petition will stop and the transmission will highway vehicles. In his letter, Mr. Reed automatically shift to Neutral even In 1979, ZEMCO Inc. asked for an cited S3.1.3, which requires that the though the transmission shift lever interpretation of S3.1.3 in FMVSS No. engine starter be inoperative when the remains in Drive. When the driver 102. ZEMCO wanted to market an add- transmission shift lever is in a forward removes his foot from the service brake on fuel savings device that conflicted or reverse drive position. The main pedal, hydraulic brake pressure is with S3.1.3. The ZEMCO system could question posed was if the intent of the maintained, the starter automatically be installed on all vehicles as original or standard was to render the starter engages the vehicle engine and the after-market equipment and would engine inoperative when the engine starts up. After the engine starts, automatically control the shutdown and transmission shift lever is in a forward the transmission automatically shifts restarting of the vehicle engine in order or reverse drive position or when the internally from Neutral back to Drive, to conserve fuel at times when the transmission was in a forward or reverse hydraulic brake fluid pressure is vehicle would be otherwise stopped drive gear. Mr. Reed noted that when automatically released, and the vehicle with the engine running at idle speed. FMVSS No. 102 was written, may start to move slowly forward due The ZEMCO system did not exhibit transmission levers communicated with to creep force from the idling engine creep force when the engine was transmissions via mechanical linkages and automatic transmission. When the stopped and was employed in both the and therefore the transmission shift accelerator is depressed, the vehicle forward and reverse gears. lever always matched the gear position moves in the direction directed by the As a result of ZEMCO’s request for an of the transmission. transmission shift lever position. interpretation and subsequent petition With the introduction of electronic Since IST does not provide creep for rulemaking, NHTSA commenced shift systems and fully electronic force when the service brake is applied, rulemaking to amend S3.1.3. As part of controlled transmissions, there is no indication of the direction of the rulemaking process, NHTSA tested communication between the vehicle movement until after the the operational safety of the ZEMCO transmission shift lever and the driver’s foot has been completely system. Several safety concerns surfaced transmission is rarely performed by removed from the service brake pedal. during testing such as the delay in direct mechanical means. This raises the After release of the service brake pedal, engine restarting, the lack of an possibility that the transmission shift the service brakes remain fully engaged automatic shut-off feature for the system lever position may not match the gear until the engine is restarted and the when the driver parks the vehicle and currently engaged by the transmission transmission automatically shifts into a leaves without specifically turning off in situations where the transmission forward drive position. This automatic the fuel savings system, the effects on control circuitry overrides the shift lever chain of events occurs very rapidly after other vehicle functions, vehicle stalling selection in the interest of safety, the service brake pedal is released, on restart and the avoidance of engine transmission protection or other criteria however, the sequence may or may not shutdown under certain conditions. related to performance and specific be completed by the time the driver These safety concerns resulted in the applications. The concern was that depresses the accelerator. agency publishing a notice of some systems automatically shift to As IST is not in effect in Reverse, the termination of rulemaking in the Neutral within the transmission when engine does not shut off when the Federal Register of March 27, 1984 (49 the engine is started, however, the transmission is in Reverse. Therefore, FR 11692). In the termination notice, transmission shift lever remains in some the propulsion system provides creep NHTSA also encouraged further other position. In these cases, the force as a result of the idling engine and research and development in the area of transmission shift lever position does the automatic transmission. In forward fuel economy devices. not coincide with the status of the gears, when the accelerator is depressed, transmission. Mr. Reed sought an the engine or the engine assisted by the V. Notice of Proposed Rulemaking interpretation stating that the intention electric motor accelerates the vehicle. The following describes NHTSA’s of S3.1.3 was that the engine starter The electric motor is used to assist the rulemaking proposal to amend FMVSS shall be inoperative when the gasoline engine when extra motive No. 102 and the four major issues transmission is in a forward or reverse power is required, and to restart the addressed in the rulemaking: first, the drive position. engine after idle-stop. significance of reverse drive and the NHTSA’s response of September 16, The Honda system receives input park position; second, the importance of 1991 essentially stated that the from numerous sensors throughout the creep force; third, the level of creep transmission shift lever position and the vehicle. The ECU will not allow the force to be specified; and fourth, the gear position of the transmission must engine to stop when the vehicle comes safety need for fail-safe provisions for always agree. Since this interpretation to a stop and the transmission lever is automatic engine stopping and in 1991, electronically controlled in Reverse, Low or S mode (another low restarting while the transmission and/or transmissions have become more gear); immediately after the engine transmission shift lever are in gear. prevalent. Today, electronically starts; when the air conditioning is in controlled transmissions are not only on ‘‘Auto Switch’’ mode; when the engine A. Reed Interpretation Letter, the large trucks and recreational vehicles, water temperature, the transmission oil Significance of Reverse Drive and the but are also appearing in the passenger temperature, ambient temperature or Park Position car fleet. In addition, vehicle electronic energy in the battery are low; when In 1991, Mr. Brett Reed of Morse control systems and control algorithms electrical load is high; and during Controls, Inc. submitted a request for an have become more sophisticated, which
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allow for more safeguards and fail-safe Although not required by the Federal opportunity for shifting errors is always systems. These systems are capable, on Motor Vehicle Safety Standards, creep present. Drivers experience creep force a limited basis, of overriding the driver’s force exists on virtually all vehicles constantly as a cue, which assures them input or lack of input to achieve optimal powered by ICEs and equipped with of what gear they are in. An engine that vehicle performance and safety. automatic transmissions. is stopping and restarting automatically The Honda Insight with the When the current wording of FMVSS may add to driver confusion, especially continuously variable transmission, No. 102 was adopted in 1968, vehicles when there is an absence of creep force. which employs idle-stop technology were equipped mostly with ICEs and This proposed amendment has the effect (IST) and which NHTSA permitted in mechanical/hydraulic automatic of assuring rearward creep force in all an interpretation letter of January 17, transmissions, which have always automatic transmission vehicles with 2001, highlights the decreasing provided creep force. Today, drivers can engine stop/start systems, either by relevance of the shift lever position in rely on creep force to avoid crashes that requiring that the engine remain certain situations. IST allows the engine would result from shifting errors. When running in Reverse for vehicles like the to stop, the transmission to briefly shift a driver places the automatic hybrid electric Insight/Civic or by virtue to Neutral while the engine is transmission shift lever in a drive of the design of the electric propulsion automatically restarting, then allows the position and reduces service brake system for vehicles like the Prius. When transmission to shift back to Drive while pressure slowly by easing up on the there is no creep force or when there is the transmission shift lever remains in service brake pedal, the vehicle begins creep force in the forward direction, the a drive position. During this procedure, to move slowly in the direction that has driver will know the vehicle is in a however, service brake pressure is been selected by the transmission shift forward drive gear, in Neutral, or Park. maintained even after the driver has lever. This creep force in the correct In examining the propulsion systems released the service brake pedal. This direction cues the driver that when the of the Honda Insight and Civic hybrid scenario was not disputed in the Honda accelerator is depressed, the vehicle will electric vehicle with IST and the Toyota interpretation even though it was in move in the anticipated direction. Prius with the THS, it was noted that conflict with the 1991 interpretation It is important for creep force to the Honda Insight/Civic hybrid electric letter to Mr. Reed. initiate motion of the vehicle before the vehicle did not provide creep force in NHTSA intends that the Honda driver’s foot leaves the service brake the forward direction, as there was no interpretation supersede the Reed pedal and before the service brakes are possibility of vehicle motion until the interpretation to the extent that, from completely disengaged. Then, if a service brake pedal was fully released. now on, for all vehicles, when the shifting error has occurred, the driver’s The Honda system provides creep force transmission shift lever is in a forward foot is still on the brake pedal and the in Reverse because IST does not drive position, the transmission gear error can be safely and quickly function in Reverse and the engine may be in another forward drive corrected. For example, if there is no remains running, allowing the engine/ position or Neutral. When the creep force associated with an automatic automatic transmission to provide creep transmission shift lever is in Reverse, transmission equipped vehicle and the force by means of the ICE and automatic the transmission gear must be in reverse driver thought he had selected Drive but transmission. For the Toyota Prius, the gear. Additionally, when the driver has instead had selected Reverse, when he engine stops in either the forward or selected the transmission shift lever removes his foot from the brake and reverse gears, however, when the ‘‘Park’’ position, the transmission must depresses the accelerator, the vehicle gasoline engine is off, creep force is always be in the Park position. This would unexpectedly move rearward provided by the electric motor. restriction is necessary to ensure that instead of forward. The unexpected the vehicle does not start moving when movement of the vehicle rearward may C. The Level of Creep Force Specified the driver does not expect the vehicle to cause the driver to further depress the In order to investigate the level of move, and cause the driver to panic. We accelerator. By the time the driver creep force that drivers are used to, and are proposing an additional provision realizes his mistake and applies the the level of creep force to require of any for vehicles with systems that allow the brake again, the vehicle may have vehicle that allows the engine to engine to start and stop automatically moved rearward a considerable distance automatically start and stop in Reverse, after driver activation of the engine and possibly struck a pedestrian or an NHTSA measured the creep force starter which states that when the object, causing injury and/or property produced by thirteen vehicles, transmission shift lever is in Park, the damage. including passenger cars, multipurpose engine automatic start/stop system shall From years of driving ICE-powered passenger vehicles, and light trucks, that not take the transmission out of Park. automatic transmission vehicles, drivers were selected on the basis of their are familiar with cues in the direction availability. Measurements were made B. Safety Importance of Creep Force in of travel indicated by creep force. Since with the vehicle engines running at idle Cueing the Driver—Creep Force in it is not inherent in hybrid vehicles, it and the vehicle automatic transmissions Reverse is NHTSA’s view that there is a safety in Drive, the lowest ratio forward gear In ICE automatic transmission only need to at least design creep force into (Low) and Reverse. vehicles, creep force is the motive force the vehicles when in Reverse. Toyota A record of the vehicles tested and applied to the vehicle by the idling designed the Prius in such a way that creep forces measured are in Table 1. engine and automatic transmission allows the electric motor to provide The creep force must be high enough to whenever the transmission shift lever is creep force so that it would function be noticeable to the driver. A heavier in a drive position. Creep force occurs like an ICE automatic transmission only vehicle requires greater creep force to in the direction indicated by the vehicle. For vehicles like the Prius that produce an obvious cue to the driver. automatic transmission shift lever provide creep force in Reverse when the The force data in Table 1 represents the position and provides enough force to engine is stopped, the changes proposed amount of creep force that each cause motion of a vehicle loaded to its in FMVSS No. 102 would allow the vehicle’s propulsion system produced. Gross Vehicle Weight Rating (GVWR) on engine to stop and restart automatically The creep force of some of these a level, paved surface before the service when the transmission shift lever is in vehicles may be in excess of what is brake pedal is completely released. Reverse as well as in forward gears. The necessary to be minimally noticeable to
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the driver. Since the motion cue to the vehicles, NHTSA selected the lowest Gross Vehicle Weight Rating (GVWR) driver depends mainly on creep force creep force to vehicle curb weight ratio, when the vehicle’s engine is stopped, and vehicle weight, NHTSA believes it which was .02. Later, for the purpose of the propulsion system is on, the is appropriate to examine the ratio of consistency, we decided to convert the accelerator is released, the vehicle is creep force (forward and reverse) to lowest creep force/curb weight ratio to loaded to its GVWR and the vehicle is vehicle weight (in Table 1, curb weight its corresponding creep force/GVWR on a level, paved surface. was used) of the vehicles tested. The ratio, which is .015. For vehicles that The agency invites input from results ranged from a minimum value of allow the engine to stop and start industry and the public relative to what 0.02 for test number one (rearward creep automatically while the transmission this minimum ratio of creep force to force) to a maximum value of 0.17 for shift lever is in Reverse, the reverse vehicle GVWR should be. The agency test number eleven (forward creep creep force designed into a vehicle’s also requests comments on the test for force). Since the creep force was propulsion system must be, at creep force in S5 of the proposed obvious to the driver for all of these minimum, 1.5 percent of the vehicle’s regulatory text.
TABLE 1
Vehicle Creep force (lbs.) Test Date Curb No. Vehicle type Year Make Model VIN Engine weight Drive Low Rev. size (L) (lbs)
1 ...... 10/19/01 Truck ...... 2000 Chevrolet ..... 1500 Pickup, 1GCEK19T0YE****** 5.3 1 4374 150 155 95 Full size, 4X4, 1⁄2 ton. 2 ...... 10/24/01 Passenger 1992 Chevrolet ..... Camaro 1G1FP2385NL****** 5.7 3103 400 400 270 Car. Sport Coupe, 2DR, Hatchback/ liftback. 3 ...... 10/31/01 MPV (Van- 1998 Mazda ...... MPV, JM3LV5239W0****** 3 4120 265 260 255 Wagon). Wagon, (4X4), JEE, HYD/ Class D. 4 ...... 11/2/01 Passenger 1997 Honda ...... Civic EX 1HGEJ824XVL****** 1.6 2518 265 255 200 Car. 2DR, Coupe/4A. 5 ...... 11/3/01 Passenger 1990 Toyota ...... Corolla, De- 2T1AE94AXLC****** 1.6 2394 270 270 225 Car. luxe, 4DR. 6 ...... 11/4/01 Passenger 1993 Saturn ...... SW2, 4DR, 1G8ZK8579PZ****** 1.9 2506 265 265 265 Car. Wagon. 7 ...... 11/4/01 Passenger 1998 Subaru ...... Forester, JF1SF6351WH****** 2.5 2795 295 295 295 Car. Wagon, L. 8 ...... 11/4/01 MPV ...... 1999 Jeep ...... Grand Cher- 1J4GW58S6XC****** 4 3932 350 350 240 okee, 4X4, Laredo, 4DR. 9 ...... 11/4/01 MPV ...... 1999 Jeep ...... Grand Cher- 1J4GW58S7XC****** 4 3932 490 490 290 okee, 4X4, Laredo, 4DR. 10 .... 11/4/01 MPV ...... 2000 Chevrolet ..... S10/Blazer, 1GNDT13W7Y2****** 4.3 5350 175 175 125 4X4, 1⁄2 ton. 11 .... 11/4/01 Truck ...... 1996 Dodge ...... Dakota, Pick- 1B7GL26X5TS****** 3.9 3124 520 520 285 up, Sport. 12 .... 11/4/01 Passenger 1988 Ford ...... Mustang, 1FABP42E5JF****** 5 3173 200 200 155 Car. GT, 2DR, Sedan, Hatchback. 13 .... 11/6/01 Passenger 2002 Toyota ...... Prius ...... JT2BK18U820****** 1.5 2765 165 167 165 Car. 1 (GVWR = 6400 lbs.).
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D. The Safety Need for Fail-Safe sense the brake release and the engine engine restarting. It is important that the Provisions for Automatic Engine would not restart. If the failure occurred time required for the engine to restart Stopping and Restarting While the while the vehicle was being driven, it not become excessive as the vehicle ages Transmission and/or Transmission Shift would fail to restart during the next and the system wears for designs where Lever Are in Gear cycle. This failure mode would be no the propulsion system is disabled while With any automatic system that is different than any of the many other the vehicle is stopped and the critical to the safe operation of a motor failures that could cause an ICE only propulsion system must be re-enabled vehicle, there is concern about what motor vehicle to stall in traffic. Thus, before the vehicle can move. happens during a failure mode. For the current designs of the Prius and NHTSA requests comments on systems that allow the engine to stop Insight do not introduce any failure requiring a control that would allow the and restart while the transmission and/ mode safety issues over those that operator to lock out or turn off the idle- or transmission shift lever remain in a presently exist in ICE automatic stop system in the event that restarting transmission only vehicles. drive position, it is important that the time becomes excessive or a It is anticipated that idle-stop automatic starting of the engine does not malfunction occurs. NHTSA seeks input technology will eventually be applied to on what would be a reasonable cause the vehicle to unexpectedly surge ICE only vehicles (non-hybrid electric). maximum allowable time for the forward or rearward both during normal We expect that these new designs will propulsion system to be available to operation and during failure modes. It is be very similar to the system used on move the vehicle after the brake pedal also important that when the vehicle is the Insight/Civic hybrid electric vehicle. stopped, the engine stops automatically, Systems that may permit unexpected, is released. the driver releases the brake pedal and sudden surging of the vehicle when the VI. Leadtime depresses the accelerator to move the ICE automatically restarts would not vehicle, that the engine restarts and is meet the need for safety. Even when the We propose that if made final, the prepared to move the vehicle in a vehicle is stopped and the accelerator is changes apply to passenger cars, reasonable amount of time. fully depressed during automatic engine multipurpose passenger vehicles, trucks From the driver’s perspective, the starting, such systems should contain and buses manufactured on or after the Prius behaves like an ICE automatic safeguards that prevent sudden, first September 1st that occurs two or transmission only vehicle. The potential unexpected surging of the vehicle. more years after the publication of the for the automatic restarting of the engine NHTSA requests comments on final rule. Public comment is sought on to confuse the driver and cause specifying a maximum throttle position this proposed lead time. We believe that unexpected surging of the vehicle due to regardless of the driver’s input, for two years is sufficient lead time for driver shifting errors is not an issue example, when the vehicle is stopped industry since we do not believe that with the THS on the Prius. The Prius is and the engine is about to automatically compliance with this proposed rule an electric vehicle with a gasoline restart, if the driver’s throttle input is would involve any new technology, or engine that assists when the batteries greater than one-fourth of the maximum performance specifications that need charging or when additional throttle, the throttle would manufacturers cannot meet with motive power is required during automatically be limited to one-fourth of existing design, tooling, or acceleration and the electric motor the maximum throttle during automatic manufacturing capabilities. We further provides creep force in both the forward engine restart. believe that conducting the proposed and rearward directions regardless of The issue of timely restarting during test procedures would not involve any whether the gasoline engine is running. normal operation is again of no concern new technologies or procedures that The Honda Insight does not have to vehicles like the Prius. The electric manufacturers would find difficult to creep force in Drive when the idle-stop motor of the Prius produces creep force conduct. Since this rulemaking would system operates. Any slow, forward and is also available to drive the vehicle not make any substantive changes in the motion of the vehicle that occurs is when the engine is not running or if it scope of FMVSS No. 102, manufacturers developed by the idling engine and would be slow to start. On the Insight/ of passenger cars, multipurpose automatic transmission after it starts. Civic hybrid electric vehicle, when the passenger vehicles, trucks or buses that This takes place after the driver has brake is depressed, the gasoline engine are available for sale at the time this released the brake pedal. One of the will stop when the vehicle speed is notice of proposed rulemaking is issued sensors that the Honda system receives below 5 miles per hour. While the would not need to make any changes in input from is the brake switch, which vehicle is stopped and the brake is vehicle manufacturing processes or indicates whether the brake is depressed depressed, the transmission procedures to ensure that their vehicles or released. If the brake switch should automatically shifts into Neutral. When meet the amended FMVSS No. 102. fail open and the brake is depressed the brake is released, brake fluid without the idle-stop sensing it, the pressure is maintained, the engine starts VII. Regulatory Analyses and Notices idle-stop would cease to function. If the in Neutral then automatically shifts to A. Executive Order 12866 and DOT failure took place while the idle-stop Drive, and the vehicle moves slowly Regulatory Policies and Procedures function was operating, the engine forward. This sequence occurs very would start and run at idle speed. This rapidly. Executive Order 12866, ‘‘Regulatory would not be an unsafe condition In normal situations, the propulsion Planning and Review’’ (58 FR 51735, because the driver’s foot is on the brake. system is available to move the vehicle October 4, 1993), provides for making The running engine would initiate slow, by the time the driver’s foot moves from determinations whether a regulatory forward motion of the vehicle but a the brake to the accelerator. As earlier action is ‘‘significant’’ and therefore small amount of additional force on the discussed, in March of 1984, NHTSA subject to Office of Management and already depressed brake pedal would terminated rulemaking on ZEMCO’s Budget (OMB) review and to the hold the vehicle stationary. If the brake crude but similar system. Among the requirements of the Executive Order. switch failed closed while the idle-stop numerous safety concerns which led the The Order defines a ‘‘significant system was operating and then the brake agency to terminate rulemaking was the regulatory action’’ as one that is likely was released, the system would not ZEMCO system’s excessive delay in to result in a rule that may:
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(1) Have an annual effect on the ‘‘substantial direct effects on the States, D. Executive Order 12778 (Civil Justice economy of $100 million or more or on the relationship between the national Reform) adversely affect in a material way the government and the States, or on the Pursuant to Executive Order 12778, economy, a sector of the economy, distribution of power and ‘‘Civil Justice Reform,’’ we have productivity, competition, jobs, the responsibilities among the various considered whether this proposed rule environment, public health or safety, or levels of government.’’ Under Executive would have any retroactive effect. We State, local, or Tribal governments or Order 13132, we may not issue a conclude that it would not have such an communities; regulation with Federalism effect. Under 49 U.S.C. 30103, whenever (2) Create a serious inconsistency or implications, that imposes substantial a Federal motor vehicle safety standard otherwise interfere with an action taken direct compliance costs, and that is not is in effect, a State may not adopt or or planned by another agency; (3) Materially alter the budgetary required by statute, unless the Federal maintain a safety standard applicable to impact of entitlements, grants, user fees, government provides the funds the same aspect of performance which or loan programs or the rights and necessary to pay the direct compliance is not identical to the Federal standard, obligations of recipients thereof; or costs incurred by State and local except to the extent that the state (4) Raise novel legal or policy issues governments, or unless we consult with requirement imposes a higher level of arising out of legal mandates, the State and local governments, or unless performance and applies only to President’s priorities, or the principles we consult with State and local officials vehicles procured for the State’s use. 49 set forth in the Executive Order. early in the process of developing the U.S.C. 30161 sets forth a procedure for We have considered the impact of this proposed regulation. We also may not judicial review of final rules rulemaking action under Executive issue a regulation with Federalism establishing, amending or revoking Order 12866 and the Department of implications and that preempts State Federal motor vehicle safety standards. That section does not require Transportation’s regulatory policies and law unless we consult with State and submission of a petition for procedures. This rulemaking document local officials early in the process of reconsideration or other administrative was not reviewed by the Office of developing the proposed regulation. Management and Budget under E.O. proceedings before parties may file suit 12866, ‘‘Regulatory Planning and This proposed rule would not have in court. substantial direct effects on the States, Review.’’ The rulemaking action is also E. Regulatory Flexibility Act not considered to be significant under on the relationship between the national the Department’s Regulatory Policies government and the States, or on the Pursuant to the Regulatory Flexibility and Procedures (44 FR 11034; February distribution of power and Act (5 U.S.C. 601 et seq., as amended by 26, 1979). responsibilities among the various the Small Business Regulatory The purpose of the proposed revision levels of government, as specified in Enforcement Fairness Act (SBREFA) of of FMVSS No. 102, Transmission shift Executive Order 13132. The reason is 1996) whenever an agency is required to lever sequence, starter interlock, and that this proposed rule, if made final, publish a notice of rulemaking for any transmission braking effect, is to keep would apply to motor vehicle proposed or final rule, it must prepare pace with existing technology, by manufacturers, and not to the States or and make available for public comment a regulatory flexibility analysis that permitting the propulsion system of a local governments. Thus, the describes the effect of the rule on small vehicle to stop and restart automatically requirements of Section 6 of the entities (i.e., small businesses, small while the automatic transmission shift Executive Order do not apply to this organizations, and small governmental lever is in any forward drive gear. We proposed rule. also propose to allow the propulsion jurisdictions). However, no regulatory system to stop and restart automatically C. Executive Order 13045 (Economically flexibility analysis is required if the when the automatic transmission shift Significant Rules Disproportionately head of an agency certifies the rule lever is in Reverse, provided that the Affecting Children) would not have a significant economic propulsion system exhibits, at least, a impact on a substantial number of small minimum creep force in Reverse when Executive Order 13045 (62 FR 19885, entities. SBREFA amended the the vehicle is stopped, the accelerator April 23, 1997) applies to any rule that: Regulatory Flexibility Act to require released and the propulsion system is (1) Is determined to be ‘‘economically Federal agencies to provide a statement activated. These proposed requirements significant’’ as defined under E.O. of the factual basis for certifying that a were developed with the agency 12866, and (2) concerns an rule would not have a significant working in concert with the motor environmental, health or safety risk that economic impact on a substantial vehicle industry while resolving NHTSA has reason to believe may have number of small entities. interpretation issues associated with the a disproportionate effect on children. If The Head of the Agency has present standard. Therefore, there are no the regulatory action meets both criteria, considered the effects of this rulemaking new costs involved with the proposed we must evaluate the environmental action under the Regulatory Flexibility revisions, and a regulatory evaluation health or safety effects of the planned Act (5 U.S.C. 601 et seq.) and certifies has not been prepared. rule on children, and explain why the that this proposal would not have a planned regulation is preferable to other significant economic impact on a B. Executive Order 13132 (Federalism) substantial number of small entities. potentially effective and reasonably Executive Order 13132 requires us to The statement of the factual basis for the feasible alternatives considered by us. develop an accountable process to certification is that since this ensure ‘‘meaningful and timely input by This proposed rule is not subject to rulemaking would not make any State and local officials in the the Executive Order because it is not substantive changes in the scope of development of regulatory policies that economically significant as defined in FMVSS No. 102, small manufacturers of have federalism implications.’’ ‘‘Policies E.O. 12866 and does not involve passenger cars, multipurpose passenger that have federalism implications’’ is decisions based on environmental, vehicles, trucks or buses would not defined in the Executive Order to health or safety risks that need to make any changes in vehicle include regulations that have disproportionately affect children. manufacturing processes or procedures
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to ensure that their vehicles meet an I. Unfunded Mandates Reform Act of of insufficient quality could file a amended FMVSS No. 102. Accordingly, 1995 complaint with the agency. The agency the agency believes that this proposal Section 202 of the Unfunded would review the disputed information, would not affect the costs of motor Mandates Reform Act of 1995 (UMRA) make an initial determination of vehicle manufacturers considered to be requires Federal agencies to prepare a whether it agreed with the complainant, small business entities. written assessment of the costs, benefits and notify the complainant of its initial determination. Once notified of the F. National Environmental Policy Act and other effects of proposed or final rules that include a Federal mandate initial determination, the affected person could file an appeal with the We have analyzed this proposal for likely to result in the expenditure by agency. the purposes of the National State, local or tribal governments, in the Environmental Policy Act and aggregate, or by the private sector, of K. Plain Language determined that it would not have any more than $100 million in any one year Executive Order 12866 requires each significant impact on the quality of the (adjusted for inflation with base year of agency to write all rules in plain human environment. 1995). Before promulgating a NHTSA language. Application of the principles rule for which a written statement is G. Paperwork Reduction Act of plain language includes consideration needed, section 205 of the UMRA of the following questions: NHTSA has determined that, if made generally requires us to identify and —Have we organized the material to suit final, this proposed rule would not consider a reasonable number of the public’s needs? impose any ‘‘collection of information’’ regulatory alternatives and adopt the —Are the requirements in the rule burdens on the public, within the least costly, most cost-effective or least clearly stated? meaning of the Paperwork Reduction burdensome alternative that achieves —Does the rule contain technical Act of 1995 (PRA). This rulemaking the objectives of the rule. The language or jargon that is not clear? action would not impose any filing or provisions of section 205 do not apply —Would a different format (grouping recordkeeping requirements on any when they are inconsistent with and order of sections, use of headings, manufacturer or any other party. For applicable law. Moreover, section 205 paragraphing) make the rule easier to this reason, we discuss neither allows us to adopt an alternative other understand? electronic filing and recordkeeping nor than the least costly, most cost-effective —Would more (but shorter) sections be do we discuss a fully electronic or least burdensome alternative if we better? reporting option by October 2003. publish with the final rule an —Could we improve clarity by adding explanation why that alternative was tables, lists, or diagrams? H. National Technology Transfer and not adopted. —What else could we do to make this Advancement Act This proposal would not result in rulemaking easier to understand? costs of $100 million or more to either If you have any responses to these Section 12(d) of the National State, local, or tribal governments, in the questions, please include them in your Technology Transfer and Advancement aggregate, or to the private sector. Thus, comments on this NPRM. Act of 1995 (NTTAA), Public Law 104– this proposal is not subject to the 113, section 12(d) (15 U.S.C. 272) L. Regulation Identifier Number (RIN) requirements of sections 202 and 205 of directs us to use voluntary consensus the UMRA. The Department of Transportation standards in our regulatory activities assigns a regulation identifier number unless doing so would be inconsistent J. Data Quality Guidelines (RIN) to each regulatory action listed in with applicable law or otherwise After reviewing the provisions of this the Unified Agenda of Federal impractical. Voluntary consensus NPRM pursuant to OMB’s Guidelines Regulations. The Regulatory Information standards are technical standards (e.g., for Ensuring and Maximizing the Service Center publishes the Unified materials specifications, test methods, Quality, Objectivity, Utility, and Agenda in April and October of each sampling procedures, and business Integrity of Information Disseminated by year. You may use the RIN contained in practices) that are developed or adopted Federal Agencies (‘‘Guidelines’’) issued the heading at the beginning of this by voluntary consensus standards by the Office of Management and document to find this action in the bodies, such as the Society of Budget (OMB) (67 FR 8452, Feb. 22, Unified Agenda. Automotive Engineers (SAE). The 2002) and issued by the Department of Comments NTTAA directs us to provide Congress, Transportation (DOT) in final form on through OMB, explanations when we October 1, 2002 (67 FR 61719), NHTSA How Do I Prepare and Submit decide not to use available and has determined that if made final, Comments? applicable voluntary consensus nothing in this rule would result in Your comments must be written and standards. ‘‘information dissemination’’ to the in English. To ensure that your After conducting a search of available public, as that term is defined in the comments are correctly filed in the sources (including data from Guidelines. Docket, please include the docket International Organization of Standards If a determination were made that number of this document in your or other standards bodies), we have public distribution of data resulting comments. determined that there are not any from this rule constituted information Your comments must not be more available and applicable voluntary dissemination and was, therefore, than 15 pages long. (49 CFR 553.21). We consensus standards that we can use in subject to the OMB/DOT Guidelines, established this limit to encourage you this notice of proposed rulemaking. We then the agency would review the to write your primary comments in a have searched the SAE’s Recommended information prior to dissemination to concise fashion. However, you may Practices for standards applicable to ascertain its utility, objectivity, and attach necessary additional documents creep force. We have found no SAE integrity (collectively, ‘‘quality’’). Under to your comments. There is no limit on Standard that provides guidance on the Guidelines, any ‘‘affected person’’ the length of the attachments. creep force. We have therefore who believed that the information Please submit two copies of your developed our own proposal. ultimately disseminated by NHTSA was comments, including the attachments,
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to Docket Management at the address You may also see the comments on § 571.102 Standard No. 102; Transmission given above under ADDRESSES. the Internet. To read the comments on shift lever sequence, starter interlock, and You may also submit your comments the Internet, take the following steps: transmission braking effect. to the docket electronically by logging 1. Go to the Docket Management S1. Purpose and scope. This standard onto the Dockets Management System System (DMS) Web page of the specifies the requirements for the Web site at http://dms.dot.gov. Click on Department of Transportation (http:// transmission shift lever sequence, a ‘‘Help & Information’’ or ‘‘Help/Info’’ to dms.dot.gov/). starter interlock, and for a braking effect obtain instructions for filing the 2. On that page, click on ‘‘search.’’ of automatic transmissions, to reduce document electronically. 3. On the next page (http:// the likelihood of shifting errors, starter dms.dot.gov/search/), type in the four- engagement by the driver when the How Can I Be Sure That My Comments digit docket number shown at the transmission is in any drive position, Were Received? beginning of this document. Example: If and to provide supplemental braking at If you wish Docket Management to the docket number were ‘‘NHTSA– speeds below 40 kilometers per hour (25 notify you upon its receipt of your 1998–1234,’’ you would type ‘‘1234.’’ miles per hour). comments, enclose a self-addressed, After typing the docket number, click on S2. Application. This standard stamped postcard in the envelope ‘‘search.’’ applies to passenger cars, multi-purpose containing your comments. Upon 4. On the next page, which contains passenger vehicles, trucks, and buses. receiving your comments, Docket docket summary information for the S3. Definitions. Management will return the postcard by docket you selected, click on the desired Creep force means a motive force mail. comments. You may download the applied exclusively by the electric comments. Although the comments are motor of a vehicle that is propelled by How Do I Submit Confidential Business both an electrical motor and a Information? imaged documents, instead of word processing documents, the ‘‘pdf’’ combustion engine while the If you wish to submit any information versions of the documents are word combustion engine is stopped, the under a claim of confidentiality, you searchable. accelerator is released, the transmission should submit three copies of your Please note that even after the shift lever is in a drive gear, and the complete submission, including the comment closing date, we will continue vehicle is turned on. information you claim to be confidential to file relevant information in the S4. Requirements. business information, to the Chief Docket as it becomes available. Further, S4.1 Automatic transmissions. Counsel, NHTSA, at the address given some people may submit late comments. S4.1.1 Location of transmission shift above under FOR FURTHER INFORMATION Accordingly, we recommend that you lever positions on passenger cars. A CONTACT. In addition, you should periodically check the Docket for new neutral position shall be located submit two copies, from which you material. between forward drive and reverse drive have deleted the claimed confidential positions. If a steering-column-mounted business information, to Docket How Does the Federal Privacy Act transmission shift lever is used, Management at the address given above Apply to My Public Comments? movement from neutral position to under ADDRESSES. When you send a Anyone is able to search the forward drive position shall be comment containing information electronic form of all comments clockwise. If the transmission shift lever claimed to be confidential business received into any of our dockets by the sequence includes a park position, it information, you should include a cover name of the individual submitting the shall be located at the end, adjacent to letter setting forth the information comment (or signing the comment, if the reverse drive position. specified in our confidential business submitted on behalf of an association, S4.1.2 Transmission braking effect. information regulation. (49 CFR Part business, labor union, etc.). You may In vehicles having more than one 512.) review DOT’s complete Privacy Act forward transmission gear ratio, one Statement in the Federal Register forward drive position shall provide a Will the Agency Consider Late published on April 11, 2000 (Volume greater degree of engine braking than the Comments? 65, Number 70; pages 19477–78) or you highest speed transmission ratio at We will consider all comments that may visit http://dms.dot.gov. vehicle speeds below 40 kilometers per Docket Management receives before the hour (25 miles per hour). List of Subjects in 49 CFR Part 571 close of business on the comment S4.1.3 Starter interlock. The engine closing date indicated above under Imports, Motor vehicle safety, Motor starter shall be inoperative when the DATES. To the extent possible, we will vehicles, Rubber and rubber products, transmission shift lever is in a forward also consider comments that Docket Tires. or reverse drive position, except that Management receives after that date. If In consideration of the foregoing, it is after the driver has activated the Docket Management receives a comment proposed that the Federal Motor Vehicle vehicle’s propulsion system: too late for us to consider it in Safety Standards (49 CFR Part 571), be S4.1.3.1 The engine may stop and developing a final rule (assuming that amended as set forth below. restart automatically when the one is issued), we will consider that transmission shift lever is in any comment as an informal suggestion for PART 571—FEDERAL MOTOR forward drive gear; and future rulemaking action. VEHICLE SAFETY STANDARDS S4.1.3.2 The engine may stop and restart automatically when the How Can I Read the Comments 1. The authority citation for part 571 transmission shift lever is in reverse Submitted by Other People? would continue to read as follows: gear if the vehicle’s propulsion system, You may read the comments received Authority: 49 U.S.C. 322, 30111, 30115, when tested under S5, provides a creep by Docket Management at the address 30117, and 30166; delegation of authority at force that is measurable before the brake 49 CFR 1.50. given above under ADDRESSES. The pedal is fully released and, when hours of the Docket are indicated above 2. Section 571.102 would be revised measured with the brake pedal fully in the same location. to read as follows: released, has a ratio to the vehicle gross
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vehicle weight rating of at least .015, forward speed manual transmissions vehicle’s longitudinal centerline and with the engine stopped. having the standard ‘‘H’’ pattern, shall attach the other end to a structure that S4.1.3.3 If the transmission shift be displayed in view of the driver at all will remain stationary during the test. In lever is in Park, automatically stopping times when a driver is present in the series with the tether and between the or restarting the engine shall not take driver’s seating position. vehicle and the stationary structure, the transmission out of Park. S5. Test Conditions and Procedures. place a force measurement device such S4.1.4 Identification of shift lever A vehicle with an automatic as a load cell that will measure tension positions. transmission that operates according to force at a minimum frequency of 10 HZ S4.1.4.1 Except as specified in S4.1.3.2 shall be tested under the and to an accuracy within ± 2 percent S4.1.4.3, if the transmission shift lever following conditions and procedures. of the actual reading in the range of 0 sequence includes a park position, S5.1 Test for Creep Force. to 4450 N (0 to 1000 lb). identification of shift lever positions, S5.1.1 The ambient temperature of S5.1.5.1 The tether and the force including the positions in relation to the test environment must be between 0 measurement device must be in a each other and the position selected, and 40 degrees Celsius (32 to 104 horizontal orientation, parallel to the shall be displayed in view of the driver degrees Fahrenheit). longitudinal axis of the vehicle during whenever any of the following S5.1.2 All parameters and measurements. conditions exist: adjustments of the vehicle are set to S5.1.6 With the transmission shift (a) the ignition is in a position where factory specifications as delivered to the lever in the Neutral or Park position and the transmission can be shifted; or customer. This includes such the parking brake applied, place the (b) the transmission is not in park. parameters as brake adjustments, engine ignition switch to the Start position then S4.1.4.2 Except as specified in adjustments, and wheel bearing release it to the Run position. Allow the S4.1.4.3, if the transmission shift lever lubrication. Initial tire inflation vehicle to remain in this state for 15 sequence does not include a park pressures shall be in accordance with 49 minutes (whether the engine is running position, identification of shift lever CFR section 571.110, S4.3(c) for or not) before the measurements are positions, including the positions in maximum loaded vehicle weight. The recorded. Depress and hold the vehicle’s relation to each other and the position initial battery charge shall be in service brake pedal to prevent vehicle selected, shall be displayed in view of accordance with manufacturer’s motion, release the parking brake and the driver whenever the ignition is in a specifications, or if the manufacturer place the transmission shift lever in the position in which the engine is capable has no specifications, at a state of charge Reverse position. of operation. of not less than 95 percent. S5.1.7 With the internal combustion S4.1.4.3 Such information need not S5.1.3 All accessory systems, except engine stopped, slowly release the be displayed when the ignition is in a those that prevent creep force from vehicle service brake pedal until the position that is used only to start the being measured with the engine measurement device begins to register a vehicle. stopped, shall be turned on to their force. S4.1.4.4 All of the information maximum setting. S5.1.8 Fully release the vehicle required to be displayed by S4.1.4.1 or S5.1.4 Load the vehicle under test to service brake pedal. Record the force S4.1.4.2 shall be displayed in view of its gross vehicle weight rating in such a indicated by the force measurement the driver in a single location. At the way as not to exceed any axle’s gross device. option of the manufacturer, redundant axle weight rating when measured at the displays providing some or all of the tire-ground interface and place it on a Issued on: May 9, 2003. information may be provided. level paved surface. Stephen R. Kratzke, S4.2 Manual transmissions. S5.1.5 Attach one end of a tether Associate Administrator for Rulemaking. Identification of the shift lever pattern such as a chain or cable to the front of [FR Doc. 03–12051 Filed 5–14–03; 8:45 am] of manual transmissions, except three the vehicle chassis at a point on the BILLING CODE 4910–59–P
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Notices Federal Register Vol. 68, No. 94
Thursday, May 15, 2003
This section of the FEDERAL REGISTER Agricultural Research Service, Beltsville endeavors. Expertise is sought in contains documents other than rules or Agricultural Research Center-West, specific specialty areas, including but proposed rules that are applicable to the Building 005, Room 309A, Beltsville, not limited to, cardiovascular disease, public. Notices of hearings and investigations, Maryland 20705. Additional cancer, pediatrics, gerontology, committee meetings, agency decisions and information is available on the Internet rulings, delegations of authority, filing of epidemiology, general medicine, petitions and applications and agency at http://www.health.gov/ overweight and obesity, physical statements of organization and functions are dietaryguidelines/. activity, public health, nutrition examples of documents appearing in this SUPPLEMENTARY INFORMATION: biochemistry and physiology, nutrient section. Authority and Purpose: The Dietary bioavailability, nutrition education, and Guidelines for Americans forms the food safety and technology. basis of Federal food and nutrition Nominations: The Departments will DEPARTMENT OF HEALTH AND education activities. Section 301 of the consider nominations for Committee HUMAN SERVICES National Nutrition Monitoring and membership of individuals qualified to Related Research Act of 1990 (Pub. L. carry out the above-mentioned tasks. A DEPARTMENT OF AGRICULTURE 101–445) requires the Secretaries of USDA and HHS to publish the Dietary nomination should include, at a Announcement of Establishment of the minimum, the following for each 2005 Dietary Guidelines Advisory Guidelines for Americans at least every five years. The Dietary Guidelines were nominee: (1) A letter of nomination that Committee and Solicitation of clearly states the name and affiliation of Nominations for Membership first published by USDA and HHS in 1980, with revisions in 1985, 1990, the nominee, the basis for the AGENCIES: U.S. Department of Health 1995, and 2000. Beginning with the nomination (i.e., specific attributes and Human Services, Office of Public 1985 edition, HHS and USDA have which qualify the nominee for service in Health and Science; and U.S. appointed a Dietary Guidelines this capacity), and a statement that the Department of Agriculture, Food, Advisory Committee of prominent nominee is willing to serve as a member Nutrition and Consumer Services experts in nutrition and health to assist of the Committee; (2) the nominator’s (FNCS) and Research, Education and in the preparation of the Dietary name, address and daytime telephone Economics (REE). Guidelines. number, and the address telephone ACTION: Notice. Structure: The Committee will number, and electronic mail address of determine if revision of the 2000 edition the individual being nominated; and (3) SUMMARY: The Department of Health and of Nutrition and Your Health: Dietary a copy of the nominee’s curriculum Human Services (HHS) and the Guidelines for Americans is warranted, vitae. Department of Agriculture (USDA) based on thorough evaluation of recent announce the establishment of a Dietary Equal opportunity practices, in line scientific and applied literature and, if with HHS and USDA policies, will be Guidelines Advisory Committee and so, will proceed to develop invite nominations for the Committee. followed in all membership recommendations for these revisions in appointments to the Committee. To DATES: Nominations must be submitted a report to the Secretaries of Agriculture by close of business on June 16, 2003. ensure that recommendations of the and Health and Human Services. The Committee take into account the needs ADDRESSES: Nominations may be Committee will hold two-to three-day of the diverse groups served by HHS submitted by electronic mail to meetings, three to four times over the and USDA, membership shall include, [email protected]. course of about a year. It is expected to Alternatively, nominations may be sent to the extent practicable, individuals begin meeting by Fall 2003 and prepare with demonstrated ability to represent to the following address: Kathryn a report of its recommendations. McMurry, M.S., HHS Office of Disease minorities, women, and persons with Pursuant to the requirements of the disabilities. Prevention and Health Promotion, Federal Advisory Committee Act, the Office of Public Health and Science, meetings will be open to the public. Dated: April 28, 2003. Room 738–G, 200 Independence Ave., Copies of the Report of the Dietary Richard H. Carmona, SW., Washington, DC 20201, (202) 690– Guidelines Advisory Committee on the Surgeon General and Acting Assistant 7102 (telephone), 202–205–0463 (fax). Dietary Guidelines for Americans, 2000 Secretary for Health, U.S. Department of FOR FURTHER INFORMATION CONTACT: HHS are available upon request from the HHS Health and Human Services. Co-Executive Secretaries: Kathryn or USDA Co-Executive Secretaries listed McMurry or Karyl Thomas (phone 202– above. Dated: May 2, 2003. 690–7102), HHS Office of Disease Prospective members of the Dietary Eric M. Bost, Prevention and Health Promotion, Guidelines Advisory Committee should Under Secretary, Food, Nutrition and Office of Public Health and Science, be knowledgeable of current scientific Consumer Services, U.S. Department of Room 738–G, 200 Independence Ave., research in human nutrition and be Agriculture. SW., Washington, DC 20201. USDA Co- respected and published experts in their Dated: May 8, 2003. Executive Secretaries: Carole Davis fields. They should be familiar with the (phone 703–305–7600), USDA Center purpose, communication, and Joseph Jen, for Nutrition Policy and Promotion, application of the Dietary Guidelines Under Secretary, Research, Education, and 3101 Park Center Drive, Room 1034, and have demonstrated interest in the Economics, U.S. Department of Agriculture. Alexandria, Virginia 22302, or Pamela public’s health and well-being through [FR Doc. 03–12136 Filed 5–14–03; 8:45 am] Pehrsson (phone 301–504–0716), USDA their research and/or educational BILLING CODE 4150–32–P
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DEPARTMENT OF AGRICULTURE treatment for fruits and vegetables (2) Evaluate the accuracy of our imported into the United States, contact estimate of the burden of the proposed Animal and Plant Health Inspection Dr. Inder P. Gadh, Import Specialist, collection of information, including the Service Phytosanitary Issues Management Team, validity of the methodology and [Docket No. 03–042–1] PPQ, APHIS, 4700 Road Unit 140, assumptions used; Riverdale, MD 20737–1236; (301) 734– (3) Enhance the quality, utility, and Notice of Request for Extension of 5210. For copies of more detailed clarity of the information to be Approval of an Information Collection information on the information collected; and collection, contact Mrs. Celeste Sickles, (4) Minimize the burden of the AGENCY: Animal and Plant Health APHIS’ Information Collection collection of information on those who Inspection Service, USDA. Coordinator, at (301) 734–7477. are to respond, through use, as ACTION: Extension of approval of an SUPPLEMENTARY INFORMATION: appropriate, of automated, electronic, information collection; comment Title: Irradiation Phytosanitary mechanical, and other collection request. Treatment for Fresh Fruits and technologies; e.g., permitting electronic submission of responses. SUMMARY: In accordance with the Vegetables. Estimate of burden: The public Paperwork Reduction Act of 1995, this OMB Number: 0579–0155. reporting burden for this collection of notice announces the Animal and Plant Type of Request: Extension of information is estimated to average Health Inspection Service’s intention to approval of an information collection. 0.0825093 hours per response. request an extension of approval of an Abstract: The Plant Protection Act (7 Respondents: Foreign plant protection information collection in support of U.S.C. 7701–7772) authorizes the services, irradiation facility personnel, regulations for the use of irradiation as Secretary of Agriculture to regulate the importers. a phytosanitary treatment for fruits and importation of plants, plant products, Estimated annual number of vegetables imported into the United and other articles into the United States respondents: 125. States. to prevent the introduction of plant pests and noxious weeds. Estimated annual number of DATES: We will consider all comments The regulations in 7 CFR part 319 responses per respondent: 999.16. that we receive on or before July 14, include specific requirements for the Estimated annual number of 2003. importation of fruits and vegetables. For responses: 124,895. ADDRESSES: You may submit comments example, fruits and vegetables from Estimated total annual burden on by postal mail/commercial delivery or certain regions of the world must be respondents: 10,305 hours. (Due to by e-mail. If you use postal mail/ treated for insect pests in order to be averaging, the total annual burden hours commercial delivery, please send four eligible for entry into the United States. may not equal the product of the annual copies of your comment (an original and The regulations in 7 CFR part 305 number of responses multiplied by the three copies) to: Docket No. 03–042–1, provide for the use of irradiation as a reporting burden per response.) Regulatory Analysis and Development, phytosanitary treatment for certain All responses to this notice will be PPD, APHIS, Station 3C71, 4700 River fruits and vegetables imported into the summarized and included in the request Road Unit 118, Riverdale, MD 20737– United States. The irradiation treatment for OMB approval. All comments will 1238. Please state that your comment provides protection against 11 species of also become a matter of public record. refers to Docket No. 03–042–1. If you fruit flies and the mango seed weevil. It Done in Washington, DC, this 12th day of use e-mail, address your comment to may be used as an alternative to other May, 2003. [email protected]. Your approved treatments for these pests in Peter Fernandez, comment must be contained in the body fruits and vegetables, such as Acting Administrator, Animal and Plant of your message; do not send attached fumigation, cold treatment, heat Health Inspection Service. files. Please include your name and treatment, and other techniques. [FR Doc. 03–12166 Filed 5–14–03; 8:45 am] address in your message and ‘‘Docket This collection requires the BILLING CODE 3410–34–P No. 03–042–1’’ on the subject line. submission of a compliance agreement, You may read any comments that we 24-hour notification, labeling receive on this docket in our reading requirements, dosimetry recordings, DEPARTMENT OF AGRICULTURE room. The reading room is located in requests for dosimetry device approval, room 1141 of the USDA South Building, recordkeeping, requests for facility Forest Service 14th Street and Independence Avenue approval, trust fund agreement, and Alaska Region, (R–10), Chugach SW., Washington, DC. Normal reading annual work plan. National Forest, Glacier and Seward room hours are 8 a.m. to 4:30 p.m., We are asking the Office of Ranger Districts, Commercially Guided Monday through Friday, except Management and Budget (OMB) to Helicopter Skiing holidays. To be sure someone is there to approve our use of these information help you, please call (202) 690–2817 collection activities for an additional 3 AGENCY: Forest Service, USDA. before coming. years. APHIS documents published in the ACTION: Notice of intent to prepare an The purpose of this notice is to solicit environmental impact statement. Federal Register, and related comments from the public (as well as information, including the names of affected agencies) concerning our SUMMARY: The Chugach National Forest organizations and individuals who have information collection. These comments proposes to authorize a 5-year special commented on APHIS dockets, are will help us: use permit to Chugach Powder Guides, available on the Internet at http:// (1) Evaluate whether the proposed Inc. (CPG) for guided helicopter skiing www.aphis.usda.gov/ppd/rad/ collection of information is necessary on National Forest lands on the Kenai webrepor.html. for the proper performance of the Peninsula near Girdwood and Seward, FOR FURTHER INFORMATION CONTACT: For functions of the Agency, including Alaska. Guided helicopter skiing would information regarding regulations for whether the information will have be permitted on 13 zones totaling the use of irradiation as a phytosanitary practical utility; 342,700 acres on the Glacier and Seward
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Ranger Districts. The season of use been used by CPG under temporary Moose Pass. 30 cycles per staging area would be from approximately December permits and five are additional per day. 15 through April 20. Three helicoptors exploratory zones. The eight core zones Alternative 6. Designed to minimize would be used and 2,400 client days are: Glacier-Winner, West Twentymile, noise and social impacts in Moose Pass. would be authorized. North Twentymile, East Twentymile, 1,800 core and 300 exploratory client DATES: Comments concerning the scope Placer-Skookum, Grandview, and Bench days. No use in Moose Creek, of the analysis must be received by June Peak. The five exploratory zones are Ptarmigan, Bench Peak West, Seattle 6, 2003. The draft environmental impact Seattle Creek, Moose Creek, Ptarmigan, Creek West, and Seattle Creek East. No statement is expected in July 2003 and Snow River and Mount Ascension. The staging area in Moose Pass. 30 cycles the final environmental impact project area is bordered on the west by per staging area per day, except statement is expected in September the Hope Highway, Seward Highway, Girdwood Airstrip which would have 2003. and the Forest boundary near 20 cycles per day. Resurrection River, on the north by the ADDRESSES: Send written comments to Responsible Officials Forest boundary, on the east by the Teresa Paquet, Interdisciplinary Team Michael R. Kania, District Ranger, Leader, Glacier Ranger District, P.O. Box divide between the Kenai Peninsula and Prince William Sound and non-National Seward Ranger District, 334 Fourth 129, Girdwood, Alaska 99587–0129, or Ave., P.O. Box 390, Seward, Alaska FAX comments to 907–783–2094, or Forest land, and on the south by the 99664–0390; and James M. Fincher, send by e-mail to: [email protected]. For Forest boundary and non-National District Ranger, Glacier Ranger District, further information contact Teresa Forest land. Forest Station Road, PO Box 129, Paquet, Interdisciplinary Team Leader, Proposed Action Girdwood, Alaska 99587–0129. Glacier Ranger District, P.O. Box 129, The Chugach National Forest Girdwood, Alaska 99587–0129. Nature of Decision To Be Made proposes to authorize a 5-year special FOR FURTHER INFORMATION CONTACT: use permit to Chugach Powder Guides, The decision to be made from this Teresa Paquet, Interdisciplinary Team Inc. (CPG) for guided helicopter skiing analysis is whether or not to issue a 5- Leader, Glacier Ranger District, P.O. Box on National Forest lands on the Kenai year permit to Chugach Powder Guides 129, Girdwood, Alaska 99587–0129. Peninsula near Girdwood and Seward, for helicopter skiing on the Glacier and SUPPLEMENTARY INFORMATION: Alaska. Guided helicopter skiing would Seward Ranger Districts, and if so, for Purpose and Need for Action be permitted on 13 use areas totaling what areas, for what period of time and 342,700 acres on the Glacier and Seward with what restrictions. The Forest Service is responding to a Ranger Districts. The season of use Scoping Process request by a commercial guide service to would be from approximately December provide helicopter skiing on the Kenai 15 through April 20. Three helicopters Public Involvement was initiated in Peninsula. Chugach National Forest would be used and 2,400 client days per September 2002 with the Chugach lands on the Kenai Peninsula provide season (1,800 core and 600 exploratory) National Forest Schedule of Proposed many winter recreational opportunities would be authorized. Actions. On October 31, 2002, a letter including snowmobiling, cross-country describing the proposed action and skiing, ski touring, fixed-wing Possible Alternatives seeking public comment was mailed to supported skiing, and helicopter Alternative 1. No Action. over 800 interested individuals, supported skiing. Heli-skiing requires Alternative 2. Submitted by businesses and environmental groups. untracked powder snow, several vertical proponent. 1,800 core clients days 600 Public meetings, to share information runs per day and a backcountry exploratory client days. All use areas. and gather comments regarding the experience. Many areas on the Kenai All staging areas and 30 cycles (take off proposal, were held at Seward and have excellent physical characteristics and landing) per staging area per day. Moose Pass on November 22, 2002, and (terrain and snow conditions) for Timing restrictions in Bench Creek at Hope and Girdwood on December 12, helicopter skiing. There is not enough West. 2002. Additional public meetings, to suitable terrain on private lands to meet Alternative 3. Proponent’s proposal share information and gather comments this need. The proposed areas are near with design features to address noise regarding draft Alternatives were held at a major population center, Anchorage, and user conflicts. 1,800 core and 600 Moose Pass on April 29, 2003, Seward which is needed to support such an exploratory client days. No use in on April 30, 2003, and at Hope and operation. This proposal would help Seattle Creek West, Moose Creek West Girdwood on May 1, 2003. meet the public demand for quality, and Ptarmigan West. No staging area in safe, guided helicopter skiing. Guided Moose Pass. 30 cycles per staging area Preliminary Issues helicopter skiing would help meet the per day. Timing restriction in Seattle 1. Wildlife. Helicopter operations and Chugach National Forest Revised Land Creek East and Bench Peak West. skiing activities can disturb wildlife. and Resource Management Plan’s goals Alternative 4. Designed to maintain Factors include the distance to to (1) maintain quality settings for current helicopter activity. No use in disturbance, sensitivity of individual motorized recreation opportunities and Seattle Creek, Ptarmigan, Moose Creek, species to noise and level of (2) provide helicopter access for skiing Mount Ascension and Snow River. habituation. Excessive disturbance can at appropriate locations. 1,200 client days. No staging areas in cause harm to overall health, growth CPG has submitted an application for Moose Pass. 30 cycles per day per rates and reproductive success. Some of a 5-year special use permit for staging area. Timing restrictions in the species with the greatest potential to outfitting/guiding helicopter skiing on Bench Peak West. be impacted in the permit area are National Forest lands on the Kenai Alternative 5. Designed to minimize brown bear, wolverine, mountain goat, Peninsula, near Girdwood and Seward user conflicts. 1,800 core and 600 and Dall sheep. Alaska. The applicant requested the use exploratory client days. No use in 2. Impacts on communities. Lifestyles of 13 zones (342,700 acres) during the Seattle Creek West, Seattle Creek East, of rural community residents can be winter ski season (December 15, through Moose Creek West, Ptarmigan West, and negatively impacted by increases in April 20). Eight of these zones have Bench Peak West. No staging area in permitted recreation activities either
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incrementally over a number of years or Harris, 490 F. Supp. 1334, 1338 (E.D. Upper Columbia River Basin by sudden increases in the number of Wis. 1980)). Because of these court Assessment along with trends observed helicopter trips. The noise of helicopters rulings, it is very important that those by interdisciplinary specialists during flights could affect the quality of interested in this proposed action conducting on the ground assessments. life for residents in the following areas: participate by the close of the June 6, The proposal improves forest health, Girdwood, Sunrise, Moose Pass, and 2003, comment period so that wildlife and fisheries habitat, and Seward. substantive comments and objections watershed health. It reduces risks to 3. Impacts to recreationists. Heli- are made available to the Forest Service wildfire, and maintains a spectrum of skiing activities could negatively impact at a time when it can meaningfully access for public recreation. The project backcountry ground-based consider them and respond to them in is intended to move the landscape recreationists’ experience by helicopter the final environmental impact toward long-term ecologic, economic noise disturbance, increasing avalanche statement. and social sustainability. hazards and their sudden presence in To assist the Forest Service in DATES: Comments concerning the scope areas that ground-based recreationists identifying and considering issues and of the analysis must be received within have expended effort to reach. concerns on the proposed action, 30 days of publication of this notice in 4. Wilderness recommendations. comments on the draft environmental the Federal Register. The draft Permitted landings in roadless areas impact statement should be as specific environmental impact statement is could affect future Wilderness as possible. It is also helpful if expected to be available for public recommendations. comments refer to specific pages or review in July 2003 and the final 5. Wildlife cumulative effects. chapters of the draft statement. environmental impact statement is Cumulative effects of various recreation Comments may also address the expected November 2003. activities (motorized and non- adequacy of the draft environmental ADDRESSES: Send written comments to motorized) can have detrimental effects impact statement or the merits of the George Bain, District Ranger, St. Joe on wildlife use of habitat in alpine alternatives formulated and discussed in Ranger District, PO Box 407, St. Maries, areas. the statement. Reviewers may wish to Idaho 83861 or electronically to refer to the Council on Environmental Permits or Licenses Required [email protected]. For further information, Quality Regulations for implementing mail correspondence to Kimberly USDA Forest Service Special Use the procedural provisions of the Permit. Johnson, EIS Team Leader at the address National Environmental Policy Act at 40 listed above. Information on this project Comment Requested CFR 1503.3 in addressing these points. can be found on the Internet by going Comments received, including the to http://www.fs.fed.us/ipnf/ and This notice of intent continues the names and addresses of those who looking under Ecosystems, scoping process which guides the comment, will be considered part of the Management, Index of NEPA Project development of the environmental public record on this proposal and will and St. Joe Ranger District. impact statement. Comments specific to be available for public inspection. the proposal and draft Alternatives are FOR FURTHER INFORMATION CONTACT: being sought. (Authority: 40 CFR 1501.7 and 1508.22; Kimberly Johnson, Quartz Gold Project Early Notice of Importance of Public Forest Service Handbook 1909.15, Section Team Leader, 208–245–6072. 21) Participation in Subsequent SUPPLEMENTARY INFORMATION: Environmental Review: A draft Dated: May 5, 2003. environmental impact statement will be Gerald F. Xavier, Purpose and Need for Action prepared for comment. The comment Acting Forest Supervisor. The purpose of this proposal is to period on the draft environmental [FR Doc. 03–11871 Filed 5–14–03; 8:45 am] improve forest health by managing impact statement will be 45 days from BILLING CODE 3410–11–P vegetative conditions that in the long the date the Environmental Protection term encourage more resilient and Agency publishes the notice of sustainable forest conditions. It also availability in the Federal Register. DEPARTMENT OF AGRICULTURE improves and maintains winter range The Forest Service believes, at this conditions and white bark pine habitat, early stage, it is important to give Forest Service which are both declining. It will reduce reviewers notice of several court rulings the risk of resource loss through fuel related to public participation in the Idaho Panhandle National Forest, management and improve growing environmental review process. First, Idaho—Quartz Gold Project EIS conditions for sapling/pole stands. The reviewers of draft environmental impact AGENCY: Forest Service, USDA. proposal will contribute to watershed statements must structure their ACTION: Notice of intent to prepare an recovery processes by correcting participation in the environmental environmental impact statement. sediment sources from the existing road review of the proposal so that it is system. Approximately 65% of stream- meaningful and alerts an agency to the SUMMARY: The Forest Service will crossing culverts surveyed are reviewer’s position and contentions, prepare an environmental impact undersized for a 100 year event (as (Vermont Yankee Nuclear Power Corp. statement on a proposal of ecosystem required by Infish). It will also improve v. NRDC, 435 U.S. 519, 553 (1978)). management in the Quartz Gold project instream habitat conditions as several Also, environmental objections that area, which is approximately 44,000 streams in the area are not meeting could be raised at the draft acres in size. Opportunities were Infish standards as directed in the environmental impact statement stage developed through a comparison of Forest Plan and provide fish passage on but that are not raised until after existing project area conditions with those road/stream crossing culverts. It completion of the final environmental desired future conditions for all the will increase wildlife security which is impact statement may be waived or resources in the project area. The currently below Forest Plan standards dismissed by the courts, (City of Angoon assessment utilized the Idaho and maintain a spectrum of access for v. Hodel, 803 F.2d 1016, 1022 (9th Cir. Panhandle Forest Plan and findings public recreation and provide 1986) and Wisconsin Heritages, Inc. v. from the St. Joe Geographic Assessment, opportunities for disabled hunters,
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which currently, one exists on the trial in the project area, and economic Comments may also address the District. cost efficiency of proposed commercial adequacy of the draft environmental harvest and road construction and impact statement or the merits of the Proposed Action decommissioning. alternatives formulated and discussed in The proposed action to meet the the statement. Reviewers may wish to Comment Requested purpose and need of the project area is: refer to the Council on Environmental commercially harvest approximately This notice of intent initiates the Quality Regulations for implementing 5,300 acres of which 4,000 acres is scoping process which guides the the procedural provisions of the intermediate harvest, 1,100 acres are development of the environmental National Environmental Policy Act at 40 sanitation salvage and approximately impact statement. To assist the Forest CFR 1503.3 in addressing these points. 200 acres of regeneration harvest Service in identifying and considering Comments received, including the (clearcut with reserve). The commercial issues and concerns on the proposed names and addresses of those who harvest would include approximately 9 action, comments should be as specific comment, will be considered part of the miles of road construction and as possible. Public participation in this public record on this proposal and will reconstruction on existing roads. The analysis is welcome at any time, be available for public inspection. proposal also includes the use of however; comments received within 30 (Authority: 40 CFR 1501. 7 and 1508.22; prescribe burning on approximately 466 days of publication of this notice will be especially useful in the preparation of Forest Service Handbook 1909.15, Section acres on big game winter range, building 21) approximately 3 miles of fuel breaks on the Draft EIS. Dated: May 9, 2003. the Idaho/Montana border, conducting Early Notice of Importance of Public Participation in Subsequent Ranotta K. McNair, pre-commercial stand improvement on Forest Supervisor. approximately 2,000 acres, Environmental Review: A draft [FR Doc. 03–12104 Filed 5–14–03; 8:45 am] enhancement of whitebark pine habitat environmental impact statement will be on 1,434 acres, by thinning around the prepared for comment. The comment BILLING CODE 3410–11–M remaining trees, and decommissioning period on the draft environmental impact statement will be 45 days from approximately 160 miles of road and DEPARTMENT OF AGRICULTURE putting approximately 68 miles of road the date the Environmental Protection Agency publishes the Notice of into storage. The proposal also adds Forest Service access for disabled hunters, provides Availability in the Federal Register. loops for ATV enthusiasts, increases The Forest Service believes, at this Public Meetings of the Black Hills early stage, it is important to give wildlife security through effective road National Forest Advisory Board reviewers notice of several court rulings closures and improves instream related to public participation in the fisheries habitat by placing structures in AGENCY: Forest Service, USDA. environmental review process. First, several streams in the area. ACTION: Notice of meeting. reviewers of draft environmental impact Responsible Official statements must structure their SUMMARY: The Black Hills National Ranotta McNair, Forest Supervisor, participation in the environmental Forest Advisory Board (NFAB) will hold Idaho Panhandle National Forest, 3815 review of the proposal so that it is meetings to become informed about Schreiber Way, Coeur D’Alene, Idaho meaningful and alerts an agency to the Black Hills Naitonal Forest issues and to 83815. reviewer’s position and contentions. reach consensus on those issues so as to Vermont Yankee Nuclear Power Corp. v. make management recommendations to Nature of Decision To Be Made NRDC, 435 U.S. 519, 553 (1978). Also, the forest supervisory. The meetings are The St. Joe Ranger District will environmental objections that could be open, and the public may attend any prepare the EIS. The Forest Supervisor raised at the draft environmental impact part of the meetings. The May 28 agenda of the Idaho Panhandle National Forest statement stage but that are not raised includes a presentation on the Phase II will decide whether to implement this until after completion of the final Amendment to the Black Hills National project, and if so, in what manner. The environmental impact statement may be Forest 1997 Land and Resource decision will be documented in a waived or dismissed by the courts. City Management Plan. Record of Decision (ROD). of Angoon v. Hodel, 803 F.2d 1016, DATES: The meetings will be held on the 1022 (9th Cir. 1986) and Wisconsin following dates: Scoping Process Heritages, Inc. v. Harris, 490 F. Supp. Wednesday, May 28, 2003 from 1 to 6 1334;, 1338 (E.D. Wis. 1980). Because of Public Scoping packages describing p.m. these court rulings, it is very important the proposed action were sent out to the Friday, July 11, 2003 from 1 to 6 p.m. that those interested in this proposed Quartz Gold Project mailing list in Wednesday, August 20, 2003 from 1 to action participate by the close of the 45 January 2003. An open house was held 6 p.m. day comment period so that substantive in February of 2003. A field trip to the Wednesday, September 17, 2003 from 1 comments and objections are made project area is planned for May or June to 6 p.m. available to the Forest Service at a time of 2003. Wednesday, October 15, 2003 from 1 to when it can meaningfully consider them 6 p.m. Preliminary Issues and respond to them in the final Wednesday, November 19, 2003 from 1 Preliminary issues from scoping have environmental impact statement. been identified. These include effects of To assist the Forest Service in to 6 p.m. the proposed vegetation management identifying and considering issues and ADDRESSES: The meetings will take and roads on water yield and sediment concerns on the proposed action, place at the Alex Johnson Hotel located delivery to streams, the effects of comments on the draft environmental at 523 Sixth Street, Rapid City, SD. management activities on riparian impact statement should be as specific FOR FURTHER INFORMATION CONTACT: habitat conservation areas, the effects of as possible. It is also helpful if Frank Carroll, Black Hills National proposed access management on the full comments refer to specific pages or Forest, 25041 North Highway 16, Custer, spectrum of recreation use of roads and chapters of the draft statement. SD, 57730, (605) 673–9200.
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Dated: May 6, 2003. determine presentation needs for the Dated: May 6, 2003. David M. Thom, upcoming June and July meetings. Ihor Mereszczak, Acting Black Hills National Forest Supervisor. DATES: The meeting will be held May Acting Forest Supervisor. [FR Doc. 03–12105 Filed 5–14–03; 8:45 am] 19, 2003, from 12 p.m. to 3 p.m. [FR Doc. 03–12126 Filed 5–14–03; 8:45 am] BILLING CODE 3410–11–M BILLING CODE 3410–11–M ADDRESSES: The meeting will be held at the City of Sonora Fire Department DEPARTMENT OF AGRICULTURE located at 201 South Shepherd Street, in DEPARTMENT OF AGRICULTURE Sonora, California (CA 95370). Forest Service FOR FURTHER INFORMATION CONTACT: Pat Natural Resources Conservation Ravalli County Resource Advisory Kaunert, Committee Coordinator, Service Committee USDA, Stanislaus National Forest, Notice of Proposed Changes to 19777 Greenley Road, Sonora, CA 95370 AGENCY: Section IV of the Field Office Technical Forest Service, USDA. (209) 532–3671; e-mail Guide (FOTG) of the Natural Resources ACTION: Notice of meeting. [email protected] Conservation Service in Indiana SUMMARY: The Ravalli County Resource SUPPLEMENTARY INFORMATION: Agenda Advisory Committee will be meeting to items to be covered include: (1) Status AGENCY: Natural Resources discuss projects for 2003 and of replacement member applicants; (2) Conservation Service (NRCS), USDA. monitoring of 2002 projects. Agenda Review project proposal submittals; (3) topics will include project proposal ACTION: Notice of availability of Determine which proposal proponents proposed changes in Section IV of the submissions and a public forum to invite to make an oral presentation at (question and answer session). The FOTG of the NRCS in Indiana for review the June and July meetings. This meeting is being held pursuant to the and comment. meeting is open to the public. authorities in the Federal Advisory Committee Act (Pub. L. 92–463) and Dated: May 7, 2003. SUMMARY: It is the intention of NRCS in under the Secure Rural Schools and Tom Quinn, Indiana to issue two revised Community Self-Determination Act of Forest Supervisor. conservation practice standards in 2000 (Pub. L. 106–393). The meeting is [FR Doc. 03–12106 Filed 5–14–03; 8:45 am] Section IV of the FOTG. The revised open to the public. standards are: Dike (356) and Wildlife BILLING CODE 3410–ED–M DATES: The meeting will be held on May Watering Facility (648). These practices 27, 2003, 6:30 p.m. may be used in conservation systems ADDRESSES: The meeting will be held at DEPARTMENT OF AGRICULTURE that treat highly erodible land and/or the Ravalli County Administration wetlands. Building, 215 S. 4th Street, Hamilton, Forest Service DATES: Comments will be received for a Montana. Send written comments to 30-day period commencing with this Jeanne Higgins, District Ranger, Notice of Resource Advisory date of publication. Stevensville Ranger District, 88 Main Committee Meeting Street, Stevensville, MT 59870, by ADDRESSES: Address all requests and facsimile (406) 777–7423, or AGENCY: North Central Idaho Resource comments to Jane E. Hardisty, State electronically to [email protected]. Advisory Committee, Kamiah, Idaho, Conservationist, Natural Resources FOR FURTHER INFORMATION CONTACT: USDA, Forest Service. Conservation Service (NRCS), 6013 Jeanne Higgins, Stevensville District ACTION: Notice of meeting. Lakeside Blvd., Indianapolis, Indiana Ranger and Designated Federal Officer, 46278. Copies of this standard will be Phone: (406) 777–5461. SUMMARY: Pursuant to the authorities in made available upon written request. Dated: May 8, 2003. the Federal Advisory Committee Act You may submit your electronic David T. Bull, (Pub. L. 92–463) and under the Secure requests and comments to [email protected]. Forest Supervisor. Rural Schools and Community Self- [FR Doc. 03–12103 Filed 5–14–03; 8:45 am] Determination Act of 2000 (Pub. L. 106– FOR FURTHER INFORMATION CONTACT: Jane BILLING CODE 3410–11–M 393) the Nez Perce and Clearwater E. Hardisty, 317–290–3200. National Forests’ North Central Idaho Resource Advisory Committee will meet SUPPLEMENTARY INFORMATION: Section DEPARTMENT OF AGRICULTURE Thursday, May 29, 2003 in Kooskia, 343 of the Federal Agriculture Idaho for a business meeting. The Improvement and Reform Act of 1996 Forest Service meeting is open to the public. states that after enactment of the law, revisions made to NRCS state technical SUPPLEMENTARY INFORMATION: Tuolumne County Resource Advisory The guides used to carry out highly erodible Committee business meeting on May 29 begins at land and wetland provisions of the law, 10 a.m. (PST), at the IOOF Hall, AGENCY: Forest Service, USDA. shall be made available for public Kooskia, Idaho. Agenda topics will review and comment. For the next 30 ACTION: Notice of meeting. include discussion of potential projects. days, the NRCS in Indiana will receive A public forum will begin at 2:30 p.m. SUMMARY: comments relative to the proposed The Tuolumne County (PST). Resource Advisory Committee will meet changes. Following that period, a on May 19, 2003 at the City of Sonora FOR FURTHER INFORMATION CONTACT: Ihor determination will be made by the Fire Department, in Sonora, California. Mereszczak, Staff Officer and NRCS in Indiana regarding disposition The purpose of the meeting is to review Designated Federal Officer at (208) 935– of those comments and a final project proposal submittals, and 2513. determination of changes will be made.
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Dated: April 21, 2003. technology. Comments may be sent to: DEPARTMENT OF AGRICULTURE Jane E. Hardisty, F. Lamont Heppe, Jr., Director, Program State Conservationist, Indianapolis, Indiana. Development and Regulatory Analysis, Rural Utilities Service Rural Utilities Service, U.S. Department [FR Doc. 03–12065 Filed 5–14–03; 8:45 am] Information Collection Activity; BILLING CODE 3410–16–P of Agriculture, STOP 1522, 1400 Independence Ave., SW., Washington, Comment Request DC 20250–1522. FAX: (202) 720–4120. AGENCY: Rural Utilities Service, USDA. DEPARTMENT OF AGRICULTURE Title: Distance Learning and ACTION: Notice and request for Telemedicine Loan and Grant Program. comments. Rural Utilities Service OMB Control Number: 0572–0096. Type of Request: Extension of a SUMMARY: In accordance with the Information Collection Activity; currently approved information Paperwork Reduction Act of 1995 (44 Comment Request collection package. U.S.C. Chapter 35, as amended), the AGENCY: Rural Utilities Service, USDA. Abstract: The Rural Utilities Service’s Rural Utilities Service (RUS) invites (RUS) Distance Learning and ACTION: Notice and request for comments on this information Telemedicine (DLT) Loan and Grant comments. collection for which RUS intends to program provides loans and grants for request approval from the Office of SUMMARY: In accordance with the advanced telecommunications services Management and Budget (OMB). Paperwork Reduction Act of 1995 (44 to improve rural areas’ access to DATES: Comments on this notice must be U.S.C. Chapter 35, as amended), the educational and medical services. The received by July 14, 2003. Rural Utilities Service (RUS) invites various forms and narrative statements FOR FURTHER INFORMATION CONTACT: F. comments on this information required are collected from the Lamont Heppe, Jr., Director, Program collection for which RUS intends to applicants (rural community facilities, Development and Regulatory Analysis, request approval from the Office of such as schools, libraries, hospitals, and Rural Utilities Service, 1400 Management and Budget (OMB). medical facilities, for example). The Independence Ave., SW., STOP 1522, DATES: Comments on this notice must be purpose of collecting the information is Room 4036 South Building, received by July 14, 2003. to determine such factors as eligibility Washington, DC 20250–1522. FOR FURTHER INFORMATION CONTACT: F. of the applicant; the specific nature of Telephone: (202) 720–9550. FAX: (202) Lamont Heppe, Jr., Director, Program the proposed project; the purposes for 720–4120. which loan and grant funds will be Development and Regulatory Analysis, SUPPLEMENTARY INFORMATION: The Office used; project financial and technical Rural Utilities Service, 1400 of Management and Budget’s (OMB) feasibility; and, compliance with Independence Ave., SW., STOP 1522, regulation (5 CFR 1320) implementing applicable laws and regulations. In Room 4036 South Building, provisions of the Paperwork Reduction addition, for grants funded pursuant to Washington, DC 20250–1522. Act of 1995 (Pub. L. 104–13) requires the competitive evaluation process, Telephone: (202) 720–9550. FAX: (202) that interested members of the public information collected facilitates RUS’ 720–4120. and affected agencies have an selection of those applications most SUPPLEMENTARY INFORMATION: The Office opportunity to comment on information consistent with DLT goals and of Management and Budget’s (OMB) collection and recordkeeping activities objectives in accordance with the regulation (5 CFR part 1320) (see 5 CFR 1320.8(d)). This notice authorizing legislation and implementing provisions of the identifies an information collection that implementing regulation. Paperwork Reduction Act of 1995 (Pub. RUS is submitting to OMB for Estimate of Burden: Public reporting L. 104–13) requires that interested extension. burden for this collection of information members of the public and affected Comments are invited on: (a) Whether is estimated to average 2.47 hours per agencies have an opportunity to the proposed collection of information response. is necessary for the proper performance comment on information collection and Respondents: Business or other for- of the functions of the Agency, recordkeeping activities (see 5 CFR profit; not-for-profit institutions; and including whether the information will 1320.8(d)). This notice identifies an State, Local or Tribal Government. have practical utility; (b) the accuracy of information collection that RUS is Estimated Number of Respondents: the Agency’s estimate of the burden of submitting to OMB for extension. 300. Comments are invited on: (a) Whether Estimated Number of Responses per the proposed collection of information the proposed collection of information Respondent: 22.00. including the validity of the is necessary for the proper performance Estimated Total Annual Burden on methodology and assumptions used; (c) of the functions of the Agency, Respondents: 16,316 hours. ways to enhance the quality, utility and including whether the information will Copies of this information collection clarity of the information to be have practical utility; (b) the accuracy of can be obtained from Michele Brooks, collected; and (d) ways to minimize the the Agency’s estimate of the burden of Program Development and Regulatory burden of the collection of information the proposed collection of information Analysis, at (202) 690–1078. FAX: (202) on those who are to respond, including including the validity of the 720–4120. through the use of appropriate methodology and assumptions used; (c) All responses to this notice will be automated, electronic, mechanical, or ways to enhance the quality, utility and summarized and included in the request other technological collection clarity of the information to be for OMB approval. All comments will techniques or other forms of information collected; and (d) ways to minimize the also become a matter of public record. technology. Comments may be sent to: burden of the collection of information F. Lamont Heppe, Jr., Director, Program on those who are to respond, including Dated: May 9, 2003. Development and Regulatory Analysis, through the use of appropriate Curtis M. Anderson, Rural Utilities Service, U.S. Department automated, electronic, mechanical, or Acting Administrator, Rural Utilities Service. of Agriculture, STOP 1522, 1400 other technological collection [FR Doc. 03–12068 Filed 5–14–03; 8:45 am] Independence Ave., SW., Washington, techniques or other forms of information BILLING CODE 3410–15–P DC 20250–1522. FAX: (202) 720–4120.
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Title: State Telecommunications SUMMARY: In accordance with the Federal Financing Bank (FFB), a wholly- Modernization Plan. Paperwork Reduction Act of 1995 (44 owned government instrumentality OMB Control Number: 0572–0104. U.S.C. Chapter 35, as amended), the under the supervision of the Secretary Type of Request: Extension of a Rural Utilities Service (RUS) invites of the Treasury, and guaranteed by RUS. currently approved information comments on this information This regulation sets forth policy and collection. collection for which RUS intends to procedures implementing section Abstract: This information collection request approval from the Office of 306(A) of the RE Act which permits an requirement stems from passage of the Management and Budget (OMB). RUS-financed electric or telephone Rural Electrification Loan Restructuring DATES: Comments on this notice must be system to prepay an FFB loan (or any Act (RELRA, Pub. L. 103–129) on received July 14, 2003. loan advance thereunder) by paying the November 1, 1993, which amended the FOR FURTHER INFORMATION CONTACT: F. outstanding principal balance due on Rural Electrification Act of 1936, 7 Lamont Heppe, Jr., Director, Program the loan (or advance). U.S.C. 901 et seq. (the RE Act). RELRA Development and Regulatory Analysis, Estimate of Burden: Public reporting requires that a State Rural Utilities Service, 1400 burden for this collection of information Telecommunications Modernization Independence Ave., SW., STOP 1522, is estimated to average 2.21 hours per Plan (Modernization Plan), covering at a Room 4036 South Building, response. minimum the Rural Utilities Service Washington, DC 20250–1522. Respondents: Not-for-profits (RUS) borrowers in the state, be Telephone: (202) 720–9550. FAX: (202) organizations; business or, other for- established in a state or RUS cannot 720–4120. profit. make hardship or concurrent cost-of- Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: The Office money and Rural Telephone Bank (RTB) 28. of Management and Budget’s (OMB) loans for construction in that state. It is Estimated Number of Responses per regulation (5 CFR 1320) implementing the policy of RUS that every State has Respondent: 1. provisions of the Paperwork Reduction a Modernization Plan which provides Estimated Total Annual Burden on Act of 1995 (Pub. L. 104–13) requires for the improvement of the State’s Respondents: 62 hours. that interested members of the public telecommunications network. A Copies of this information collection and affected agencies have an proposed Modernization plan must be can be obtained from MaryPat Daskal, opportunity to comment on information submitted to RUS for approval. RUS Program Development and Regulatory collection and recordkeeping activities will approve a proposed Modernization Analysis, at (202) 720–7853. FAX: (202) (see 5 CFR 1320.8(d)). This notice Plan if it conforms to the provisions of 720–4120. identifies an information collection that 7 CFR part 1751, subpart B. All responses to this notice will be RUS is submitting to OMB for Estimate of Burden: Public reporting summarized and included in the request burden for this collection of information extension. Comments are invited on: (a) Whether for OMB approval. All comments will is estimated to average 350 hours per the proposed collection of information also become a matter of public record. response. is necessary for the proper performance Dated: May 9, 2003. Respondents: Business or other for- of the functions of the Agency, Curtis M. Anderson, profit; not-for-profit organizations. including whether the information will Estimated Number of Respondents: 1. Acting Administrator, Rural Utilities Service. Estimated Number of Responses per have practical utility; (b) the accuracy of [FR Doc. 03–12070 Filed 5–14–03; 8:45 am] the Agency’s estimate of the burden of Respondent: 1. BILLING CODE 3410–15–P Estimated Total Annual Burden on the proposed collection of information Respondents: 350. including the validity of the Copies of this information collection methodology and assumptions used; (c) COMMISSION ON CIVIL RIGHTS can be obtained from MaryPat Daskal, ways to enhance the quality, utility and Program Development and Regulatory clarity of the information to be Agenda and Notice of Public Meeting Analysis, at (202) 720–7853, FAX: (202) collected; and (d) ways to minimize the of the North Carolina State Advisory 720–4120. burden of the collection of information Committee on those who are to respond, including All responses to this notice will be Notice is hereby given, pursuant to summarized and included in the request through the use of appropriate automated, electronic, mechanical, or the provisions of the rules and for OMB approval. All comments will regulations of the U.S. Commission on also become a matter of public record. other technological collection techniques or other forms of information Civil Rights, that a conference call of the Dated: May 9, 2003. technology. Comments may be sent to: North Carolina Advisory Committee Curtis M. Anderson, F. Lamont Heppe, Jr., Director, Program will convene at 2 p.m. and adjourn at Acting Administrator, Rural Utilities Service. Development and Regulatory Analysis, 4 p.m. on Thursday, May 15, 2003. The [FR Doc. 03–12069 Filed 5–14–03; 8:45 am] Rural Utilities Service, U.S. Department purpose of the conference call is to BILLING CODE 3410–15–P of Agriculture, STOP 1522, 1400 finalize project proposal plans for North Independence Ave., SW., Washington, Carolina. DC 20250–1522. FAX: (202) 720–4120. This conference call is available to the DEPARTMENT OF AGRICULTURE Title: RUS Loan Prepayments and public through the following call-in Related Reporting Burdens. number: 1–800–473–8693, access code: Rural Utilities Service OMB Control Number: 0572–0088. 17002060. Any interested member of the Type of Request: Extension of a public may call this number and listen Information Collection Activity; currently approved information to the meeting. Callers can expect to Comment Request collection. incur charges for calls not initiated AGENCY: Rural Utilities Service, USDA. Abstract: 7 CFR Part 1786 establishes using the supplied call-in number or policies and procedures mandated by over wireless lines and the Commission ACTION: Notice and request for legislation. This part deals with the will not refund any incurred charges. comments. prepayment of certain loans held by the Callers will incur no charge for calls
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using the call-in number over land-line The meeting will be conducted an antidumping duty order or finding is connections. Persons with hearing pursuant to the provisions of the rules May 2003 or later, beginning with the impairments may also follow the and regulations of the Commission. orders cited in the opportunity notice proceedings by first calling the Federal Dated at Washington, DC, May 7, 2003. for May 2003 anniversary cases which published on May 1, 2003 (68 FR Relay Service at 1–800–977–8339 and Ivy L. Davis, providing the Service with the 23281). Chief, Regional Programs Coordination Unit. conference call number and access code. Further, the clarification addresses [FR Doc. 03–12135 Filed 5–12–03; 3:43 pm] To ensure that the Commission the assessment of duties on imports of BILLING CODE 6335–01–P secures an appropriate number of lines merchandise from a market-economy for the public, persons are asked to country subject to an antidumping duty register by contacting Bobby Doctor, order. The clarification does not apply DEPARTMENT OF COMMERCE Director of the Southern Regional to imports of merchandise from non- market-economy (NME) countries which Office, 404–562–7000 (TDD 404–562– International Trade Administration may be subject to an antidumping duty 7004), by 4 p.m. on Wednesday, May 14, order. In addition, the clarification does 2003. Antidumping or Countervailing Duty not apply to imports of merchandise The meeting will be conducted Order, Finding, or Suspended subject to a countervailing duty order pursuant to the provisions of the rules Investigation; Amendment to Notice of because this issue does not arise in the and regulations of the Commission. Opportunity To Request Administrative subsidy enforcement context. Review Dated at Washington, DC, May 7, 2003. Dated: May 9, 2003. Ivy L. Davis, AGENCY: Import Administration, Holly A. Kuga, Chief, Regional Programs Coordination Unit. International Trade Administration, Acting Deputy Assistant Secretary, Group II [FR Doc. 03–12134 Filed 5–12–03; 3:43 pm] Department of Commerce. for Import Administration. BILLING CODE 6335–01–P ACTION: Amendment to notice of [FR Doc. 03–12185 Filed 5–14–03; 8:45 am] Opportunity to Request Administrative BILLING CODE 3510–DS–P Review of Antidumping or COMMISSION ON CIVIL RIGHTS Countervailing Duty Order, Finding, or Suspended Investigation. DEPARTMENT OF COMMERCE Agenda and Notice of Public Meeting of the South Carolina State Advisory SUMMARY: This is an amendment to the International Trade Administration Committee notice of ‘‘Opportunity to Request [A-533–808] Administrative Review of Antidumping Notice is hereby given, pursuant to or Countervailing Duty Order, Finding, Stainless Steel Wire Rods From India: the provisions of the rules and or Suspended Investigation’’ published Final Results and Partial Rescission of regulations of the U.S. Commission on on May 1, 2003 (68 FR 23281). Antidumping Duty Administrative Civil Rights, that a conference call of the EFFECTIVE DATE: May 15, 2003. Review South Carolina Advisory Committee FOR FURTHER INFORMATION CONTACT: AGENCY: Import Administration, will convene at 2 p.m. and adjourn at Holly A. Kuga, Office of AD/CVD International Trade Administration, 4 p.m. on Tuesday, May 20, 2003. The Enforcement, Import Administration, U.S. Department of Commerce. purpose of the conference call is to International Trade Administration, ACTION: receive a briefing from key state officials U.S. Department of Commerce, 14th Notice of final results and on issues affecting South Carolina. Street and Constitution Avenue, NW., partial rescission of antidumping duty This conference call is available to the Washington, DC 20230, telephone: (202) administrative review of stainless steel public through the following call-in 482–4737. wire rods from India. number: 1–888–777–0937, access code: SUPPLEMENTARY INFORMATION: This SUMMARY: On January 8, 2003, the 17002109. Any interested member of the notice is an amendment to the Department of Commerce (‘‘the public may call this number and listen ‘‘Opportunity to Request Administrative Department’’) published in the Federal to the meeting. Callers can expect to Review’’ notice published on May 1, Register the preliminary results of its incur charges for calls not initiated 2003 (68 FR 23281). As explained in the administrative review of the using the supplied call-in number or notice the Department published on antidumping duty order on stainless over wireless lines and the Commission May 6, 2003, ‘‘Antidumping and steel wire rods from India. See Stainless will not refund any incurred charges. Countervailing Duty Proceedings: Steel Wire Rods From India: Preliminary Callers will incur no charge for calls Assessment of Antidumping Duties,’’ 68 Results and Partial Rescission of using the call-in number over land-line FR 23954, the Department has clarified Antidumping Duty Administrative connections. Persons with hearing its practice with respect to the Review, 68 FR 1040 (January 8, 2003) impairments may also follow the collection of final antidumping duties (‘‘Preliminary Results’’). This review proceedings by first calling the Federal on imports of merchandise where covers the Viraj Group Ltd., (‘‘Viraj Relay Service at 1–800–977–8339 and intermediate firms are involved. The Group’’), Panchmahal Steel Limited providing the Service with the public should be aware of this (‘‘Panchmahal’’), and Mukand Limited conference call number and access code. clarification in determining whether to (‘‘Mukand’’), manufacturers and To ensure that the Commission request an adminstrative review of exporters of subject merchandise to the secures an appropriate number of lines merchandise subject to antidumping United States. Isibars Limited (‘‘Isibars’’) for the public, persons are asked to findings and orders. See also the Import was originally a respondent in this register by contacting Bobby Doctor, Administration Web site at http:// review, but the Department rescinded Director of the Southern Regional www.ia.ita.doc.gov. the review of Isibars when petitioner, Office, 404–562–7000 (TDD 404–562– The clarification applies to all entries being the only party to request the 7004), by 4 p.m. on Monday, May 19, for which the anniversary month for review of Isibars, withdrew its request 2003. requesting an administrative review of for review. See Preliminary Results. The
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period of review is December 1, 2000 cost reconciliation. See the Department received inadequate through November 30, 2001. Department’s memorandum to the file responses to the questionnaire and Based on our analysis of the dated April 16, 2003. We have now multiple supplemental questionnaires comments received, we have made completed the administrative review in from Panchmahal and could not verify changes from the preliminary results of accordance with section 751 of the the incomplete information that review. Therefore, the final results differ Tariff Act of 1930, as amended (‘‘the Panchmahal did provide, which is from the Preliminary Results of review Act’’). necessary for the margin analysis. See with respect to the weighted-average Preliminary Results. However, in the Scope of Review dumping margin for the Viraj Group and preliminary results, the Department Mukand. The final weighted-average The merchandise under review is inadvertently failed to corroborate the dumping margin for the reviewed firms certain stainless steel wire rods ‘‘all others’’ rate it applied to is listed below in the section entitled (‘‘SSWR’’), which are hot-rolled or hot- Panchmahal. We are correcting this ‘‘Final Results of the Review.’’ rolled annealed and/or pickled rounds, oversight with the following. squares, octagons, hexagons or other EFFECTIVE DATE: May 15, 2003. Corroboration of the ‘‘All Others’’ Rate FOR FURTHER INFORMATION CONTACT: shapes, in coils. SSWR are made of alloy Stephen Bailey (Viraj Group, Isibars, steels containing, by weight, 1.2 percent Section 776(b) of the Act states that an and Panchmahal) and Jonathan Herzog or less of carbon and 10.5 percent or adverse inference may include reliance (Mukand), Import Administration, more of chromium, with or without on information derived from the International Trade Administration, other elements. These products are only petition. See also 19 CFR 351.308(c); U.S. Department of Commerce, 14th and manufactured by hot-rolling and are Uruguay Round Agreement Act, Statement of Administrative Action Constitution Avenue, N.W., normally sold in coiled form, and are of (‘‘SAA’’) at 829–831. Section 776(c) of Washington, D.C. 20230; telephone: solid cross section. The majority of the Act provides that, when the 202–482-1102, or 202–482-4271, SSWR sold in the United States are Department relies on secondary respectively. round in cross-section shape, annealed and pickled. The most common size 5.5 information (such as the petition rates) SUPPLEMENTARY INFORMATION: millimeters in diameter. as facts available, it must, to the extent Background The SSWR subject to this review are practicable, corroborate that information currently classifiable under subheadings from independent sources that are On January 8, 2003, the Department 7221.00.0005, 7221.00.0015, reasonably at its disposal. The SAA published in the Federal Register the 7221.00.0030, 7221.00.0045, and clarifies that ‘‘corroborate’’ means that preliminary results and partial 7221.00.0075 of the Harmonized Tariff the Department will satisfy itself that rescission of its administrative review of Schedule of the United States (HTSUS). the secondary information to be used the antidumping duty order on stainless Although the HTSUS subheadings are has probative value. See SAA at 870. To steel wire rods from India. See provided for convenience and customs corroborate secondary information, the Preliminary Results. We invited parties purposes (as of March 1, 2003, renamed Department will, to the extent to comment on our preliminary results the U.S. Bureau of Customs and Border practicable, examine the reliability and of review. We received case briefs from Protection), the written description of relevance of the information used. See Panchmahal on February 14, 2003, the merchandise under review is Tapered Roller Bearings and Parts referencing arguments made in its dispositive of whether or not the Thereof, Finished and Unfinished, from submissions to the Department dated merchandise is covered by the review. Japan, and Tapered Roller Bearings, January 6, 2003 and January 13, 2003. Four Inches or Less in Outside On February 11, 2003, Kurt Orban Rescission of Review Diameter, and Components Thereof, Partners LLC (‘‘Kurt Orban’’), an In our preliminary results, we stated from Japan; Preliminary Results of interested party, submitted a case brief. we are rescinding the review with Antidumping Duty Administrative Pursuant to a request from the respect to Isibars because petitioner, the Reviews and Partial Termination of Department to redact new information, only party to request a review for Administrative Reviews, 61 FR 57391, Kurt Orban resubmitted its case brief on Isibars, withdrew its request for review. 57392 (November 6, 1996); Notice of March 13, 2003. We received Mukand’s See Preliminary Results. Consequently, Preliminary Determination of Sales at case briefs on January 13, 2003, and in accordance with 19 CFR Less Than Fair Value and Postponement February 14, 2003. We received the 351.213(d)(1) and consistent with the of Final Determination: Barium Viraj Group’s case brief on February 14, Department’s practice, we preliminarily Carbonate From the People’s Republic 2003. We received petitioner’s case rescinded our review with respect to of China, 68 FR 12664 (March 17, 2003). briefs addressing Mukand and the Viraj Isibars. Since we have received no new The Department’s regulations state that Group on February 14, 2003. On information since the preliminary independent sources used to corroborate February 24, 2003, we received rebuttal results that contradicts the decision may include, but are not limited to, briefs from the Viraj Group and from made in the preliminary results of published price lists, official import petitioner addressing the arguments review, we are rescinding the statistics and customs data, and presented by Panchmahal, Mukand, and administrative review with respect to information obtained from interested the Viraj Group. Pursuant to 19 CFR Isibars. parties during the particular review. See 351.309(c)(ii), the Department directed 19 CFR 351.308(d); SAA at 870. Further, the Viraj Group to resubmit their brief Facts Available in accordance with F. LII De Cecco Di and omit certain arguments that were In the instant review, for the Filippo Fara S. Martino S.p.A. v. United not raised in a timely manner. See the preliminary results, the Department States, 216 F.3d 1027, 1034 (Fed. Cir. Department’s letter dated March 26, applied adverse facts available in 2000), we examine whether information 2003 rejecting the Viraj Group’s case accordance with section 776(a) of the on the record supporting the selected brief. The Viraj Group resubmitted their Act to Panchmahal because Panchmahal adverse facts available is reasonable and case brief on March 31, 2003. On April failed to provide or withheld has some basis in reality. 15, 2003, Kurt Orban met with the information the Department requested. To assess the reliability of the petition Department to discuss Panchmahal’s See Preliminary Results. The margins for purposes of this review, in
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accordance with section 776(c) of the the Department is not aware of other unaware of other independent sources Act, we examined the key elements of independent sources of information that of information that would permit further the calculations of export price and would enable it to further examine the corroboration of the margin calculation normal value upon which the petitioner NV calculations in the petition. in the petition, the Department found based its margins for the petition, to the With respect to the relevance aspect that their efforts corroborated extent practicable. See Certain Cut-to- of corroboration, however, the information contained in the petition to Length Carbon Steel Plate from Mexico: Department will consider information the extent practicable). Final Results of Antidumping Duty reasonably at its disposal as to whether Administrative Review, 64 FR 76, 84 there are circumstances that would Analysis of Comments Received (January 4, 1999) (‘‘CTL Plate from render data used as facts available not All issues raised in the case and Mexico’’). relevant. Where circumstances indicate rebuttal briefs by parties to this The ‘‘all others’’ rate from the that the selected data are not administrative review are addressed in investigation, which we are using in this appropriate as adverse facts available, the ‘‘Issues and Decision Memorandum’’ review as adverse facts available, is the the Department will disregard the data (‘‘Decision Memorandum’’) from average of the rates applied to each and use alternate data as facts available. Barbara Tillman, Acting Deputy original respondent in the investigation. See Fresh Cut Flowers from Mexico: Assistant Secretary, Import In the investigation, the Department Preliminary Results and Termination in Administration, to Joseph A. Spetrini, applied the highest rate obtained from Part of Antidumping Duty Acting Assistant Secretary for Import the petition margins to each respondent Administrative Review, 60 FR 49577, Administration, dated May 8, 2003, based upon a determination by the 49579 (September 26, 1995), (where the which is hereby adopted by this notice. Department to use the best information Department disregarded the highest A list of the issues which parties have available. See Final Determination of dumping margin as best information raised and to which we have responded, Sales at Less Than Fair Value: Certain available because the margin was based all of which are in the Decision Stainless Steel Wire Rods from India, 58 on another company’s uncharacteristic Memorandum, is attached to this notice FR 54110, 54111 (October 20, 1993). In business expense resulting in an as an Appendix. Parties can find a this case, the U.S. prices in the petition unusually high margin). complete discussion of all issues raised were based on quotes to U.S. customers Furthermore, in corroborating the in this review and the corresponding which were obtained through market petition rate, in this review, we found recommendations in the Decision research. See Petition for the Imposition that certain individual transactions from Memorandum, which is on file in the of Antidumping Duties, December 29, a particular company had margins Central Records Unit, Room B-099 of the 1993. We were able to corroborate the higher than the petition rate. main Department building. In addition, U.S. prices in the petition, which were Thus, we find that the 48.80 percent a complete version of the Decision used as the basis of the 48.80 percent rate that the Department is using for this Memorandum can be accessed directly rate, by comparing these prices to review does have probative value. This on the Web at http://ia.ita.doc.gov/frn/ publicly available information based on rate is relevant for Panchmahal because index.html. The paper copy and IM-145 import statistics from the U.S. we are not aware of any circumstances electronic version of the Decision International Trade Commission’s web- that would render this rate Memorandum are identical in content. site for HTS numbers 7221.00.0005, inappropriate and there is nothing on 7221.00.0015, 7221.00.0030, the record of the petition or this Sales Below Cost 7221.00.0045, and 7221.00.0075. We administrative review which calls into We disregarded sales that failed the noted that the average reported customs question the validity of this rate. cost test for Mukand and the Viraj unit value for these products for the The implementing regulation for Group during the course of the review. period of December 1, 2000 through section 776 of the Act, codified at 19 We initiated a sales below the cost of November 30, 2001 was lower than all CFR 351.308(d), states, ‘‘(t)he fact that production investigation with respect to of the U.S. prices cited in the petition, corroboration may not be practicable in Panchmahal. See the Department’s June which ranged from $1.92 per kilogram a given circumstance will not prevent 11, 2002 letter to Panchmahal initiating to $2.51 per kilogram (Quoted Price) or the Secretary from applying an adverse sales below cost of production $1.73 per kilogram to $2.36 per kilogram inference as appropriate and using the investigation; Preliminary Results. (Adjusted Price), thus corroborating the secondary information in question.’’ However, because Panchmahal was petition’s U.S. price. Additionally, the SAA at 870 states unable to provide the Department with The normal values used in the specifically that, where ‘‘corroboration a complete cost database, the petition were based on actual price may not be practicable in a given Department could not conduct the quotations obtained through market circumstance,’’ the Department may dumping analysis, including the sales research. The Department examined the nevertheless apply an adverse inference. below cost investigation. For a complete normal values from the petition and The SAA at 869 emphasizes that the discussion of Panchmahal’s incomplete attempted to corroborate the normal Department need not prove that the cost information see Comment 1 of the values used in the petition, which were facts available are the best alternative Decision Memorandum. based on actual price quotations information. Therefore, based on our obtained through market research. For a efforts, described above, to corroborate Changes Since the Preliminary Results complete discussion of the Department’s information contained in the petition Based on our analysis of comments corroboration analysis for normal value, and in accordance with 776(c) of the received, we have made changes in the see Corroboration Memorandum for Act, we consider the margins in the margin calculations for the Viraj Group Panchmahal Steel Limited, for the final petition to be corroborated to the extent and Mukand. The changes to the margin results of the 2000–2001 Administrative practicable for purposes of this final calculations are listed below: Review of Stainless Steel Wire Rods determination. See CTL Plate from from India, from Stephen Bailey to The Mexico (regarding the normal values The Viraj Group File, dated May 8, 2003. The parties did contained in the petition, although the • The Department has revised the Viraj not present information during the Department was provided no useful Group’s total cost of manufacturing to course of this administrative review and information by the parties and was reflect the actual direct material cost
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incurred for purchasing billets. See Cash Deposit Requirements with sections 751(a)(1) and 777(i)(1) of Comment 12. The following deposit requirements the Act. Mukand will be effective upon publication of Dated: May 8, 2003. • this notice of final results of Joseph A. Spetrini, The Department reclassified some of administrative review for all shipments Mukand’s sales as agency sales. See Acting Assistant Secretary for Import of stainless steel wire rods from India Administration. Comment 2. entered, or withdrawn from warehouse, • Appendix 1 The Department revised Mukand’s for consumption on or after the date of interest expense ratio to exclude certain publication, as provided by section Issues in the Decision Memorandum capitalized expenses related to the 751(a)(1) of the Act: (1) The cash deposit A. Issues with regard to Panchmahal construction of a non-subject rates for the Viraj Group, Mukand, and merchandise producing plant. See Panchmahal will be the rates shown Comment 1: Facts Available Comment 4. • above; (2) for previously reviewed or B. Issues with regard to Mukand The Department revised Mukand’s investigated companies not listed above, general and administrative expenses the cash deposit rate will continue to be Comment 2: Agency Sales (‘‘G&A’’) ratio to exclude certain the company-specific rate published for Comment 3: Use of Facts Available indirect selling expenses. As a result, the most recent period; (3) if the Comment 4: Interest Expense Comment 5: Sales Overhead Expense the Department also recalculated exporter is not a firm covered in this Comment 6: Treatment of Unrefunded Mukand’s indirect selling expenses to review, a prior review, or the original Taxes account for the reclassification. See less-than-fair-value (LTFV) Comment 5. Comment 7: Import Duties • investigation, but the manufacturer is, Comment 8: Packing Costs The Department revised Mukand’s the cash deposit rate will be the rate U.S. direct expenses to exclude certain established for the most recent period C. Issues with regard to the Viraj Group taxes already reported as part of its for the manufacturer of the Comment 9: The Viraj Group’s Cost Data direct material costs. See Comment 6. merchandise; and (4) if neither the • The Department revised Mukand’s Comment 10: Collapsing the Viraj Group exporter nor the manufacturer is a firm Comment 11: Financial Expenses of the packing costs in order to account for an covered in these or any previous improper currency conversion in the Viraj Group reviews conducted by the Department, Comment 12: Raw Material Cost preliminary margin calculation the cash deposit rate will be the ‘‘all Comment 13: Non-Dumped Sales program. See Comment 8. others’’ rate, which is 48.80 percent. Comment 14: Ministerial Errors Final Results of Review These deposit requirements shall [FR Doc. 03–12186 Filed 5–14–03; 8:45 am] remain in effect until publication of the BILLING CODE 3510–DS–S We determine that the following final results of the next administrative percentage margins exist for the period review. December 1, 2000, through November DEPARTMENT OF COMMERCE 30, 2001: Notification of Interested Parties This notice also serves as a final National Oceanic and Atmospheric Producer/Manufacturer/ Weighted-Average Exporter Margin reminder to importers of their Administration responsibility under 19 CFR [I.D. 041703A] The Viraj Group ...... 3.25% 351.402(f)(2) to file a certificate Mukand ...... 26.38% regarding the reimbursement of Notice of Regional Fisheries Panchamahl ...... 48.80% antidumping duties prior to liquidation Management Meetings of the relevant entries during this The Department shall determine, and review period. Failure to comply with AGENCY: National Marine Fisheries U.S. Bureau of Customs and Border this requirement could result in the Service (NMFS), National Oceanic and Protection (‘‘BCBP’’) shall assess, Secretary’s presumption that Atmospheric Administration (NOAA), antidumping duties on all appropriate reimbursement of the antidumping Commerce. entries. In accordance with 19 CFR duties occurred and the subsequent ACTION: Notice of public meetings 351.212(b)(1), we have calculated assessment of double antidumping exporter/importer (or customer)-specific duties. SUMMARY: NMFS is scheduling a series assessment rates for merchandise This notice also serves as a reminder of eight regional constituent meetings subject to this review. The Department to parties subject to administrative beginning in June and running through will issue appraisement instructions protective orders (‘‘APOs’’) of their September to gather public input on directly to the BCBP within 15 days of responsibility concerning the return or ways to improve the effectiveness of publication of these final results of destruction of proprietary information NMFS and its management of living review. We will direct the BCBP to disclosed under APO in accordance marine resources. The regional meetings assess the resulting assessment rates with 19 CFR 351.305, which continues will be a collaborative effort involving against the entered customs values for to govern business proprietary all major marine fisheries interests. The the subject merchandise on each of that information in this segment of the primary objective is to assemble and importer’s entries under the relevant proceeding. Timely written notification provide a comprehensive analysis of the order during the review period. For of the return/destruction of APO diverse opinions, attitudes, and customer’s duty-assessment purposes, materials or conversion to judicial perspectives of marine resource we will calculate importer-specific protective order is hereby requested. stakeholders as they relate to broad assessment rates by dividing the Failure to comply with the regulations themes in fisheries management. The dumping margins calculated for each and terms of an APO is a violation secondary objective is to identify importer by the total entered value of which is subject to sanction. performance measures. sales for each importer during the We are issuing and publishing this DATES: The meetings will be held in period of review. determination and notice in accordance eight regional locations. See Meeting
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Times, Dates, and Agenda for specific E-Comments Pilot Program DEPARTMENT OF DEFENSE dates and times. To submit comments, see FOR FURTHER INFORMATION CONTACT. NMFS encourages the public to Department of the Army participate in submitting comments by ADDRESSES: For locations of the the e-comment program. To this end, meetings see SUPPLEMENTARY Western Hemisphere Institute for NMFS is accepting comments by INFORMATION. Information on the Security Cooperation Board of submitted mail, fax, and the Internet as meetings will be updated periodically Visitors; Meeting part of its e-Comments pilot project. The on NMFS’ web page: http:// e-Comments pilot project is designed to www.nmfs.noaa.gov/ AGENCY: Department of the Army, DoD. introduce electronic commenting to its constitlsessionsl2003.html. constituents. You can respond to the ACTION: Notice of open meeting. FOR FURTHER INFORMATION CONTACT: questions on the e-comment page Patricia Lawson, NMFS, telephone: through NMFS’ web page http:// SUMMARY: This notice sets forth the 301–713–2239; fax: 301–713–1940; www.nmfs.noaa.gov/ schedule and summary agenda for the email: [email protected]. To constitlsessionsl2003.html. The meeting of the Board of Visitor (BoV) for submit e-Comments (see E-Comments public is encouraged to use the new web the Western Hemisphere Institute for Pilot Program). site to compose and submit comments Security Cooperation (WHINSEC). SUPPLEMENTARY INFORMATION: on the regional constituent meetings. In Notice of this meeting is required under submitting comments, please include the Federal Advisory Committee Act Meeting Times, Dates, and Agenda your name, address and reason for each (Pub. L. 92–463). This board was 1. Western Pacific Meeting: June 10, comment. NMFS also invites public chartered on February 1, 2002, in 2003, 6 p.m. - 8 p.m. and June 11, 2003, comments on the e-Comments program compliance with the requirements set 10 a.m. - 1 p.m. The meeting location is that allows you to submit your forth in 10 U.S.C. 2166. the Ala Moana Hotel, 410 Atkinson comments on line. Please submit your Date: June 3–4, 2003. Drive Honolulu, HI 96814, telephone: comments by only one means. 808–955–4911. Comments received from the public will Time: 3:30 p.m. to 5:30 p.m. (June 3, 2. North Pacific Meeting: June 13, become part of the public record and 2003). 8 a.m. to 2:30 p.m. (June 4, 2003). 2003, 2 p.m. - 5 p.m. and 6 p.m. - 8 p.m. will be posted on the e-Comments web Location: Pratt Hall, Building 35, 7011 The meeting location is the Kodiak Inn- site http://www.nmfs.noaa.gov/ Morrison Ave., Fort Benning, GA 31905. Best Western, 236 Rezanof Drive West, emeetings. Kodiak, AK 99615, telephone: 907–486– Proposed Agenda: the WHINSEC BoV Areas NMFS is soliciting public 5712. will elect BoV leadership for calendar 3. Caribbean Meeting: June 20, 2003, comments on: year 2003, establish its 2003 schedule; 9 a.m. - 12 p.m. and 6 p.m. - 8 p.m. The (1) Issue(s) - What are the key issue(s) validate and or establish sub- meeting location is the Wyndham Sugar facing fisheries management, nationally committees; receive status briefings of Bay Resort and Spa, 6500 Estate Smith or regionally? actions taken on last year’s BoV Bay, St. Thomas, USVI, telephone: 340– (2) Responsibility - Who should have recommendations and on new activities 777–7100. management or conservation and efforts since December 2002. The 4. Gulf of Mexico Meeting: July 15, responsibility? (If commenting, indicate Board will look into the areas deferred 2003, 2 p.m. - 5 p.m. and 6 p.m. - 8 p.m. issue comment relates to.) from the 2002 sessions: WHINSEC fiscal The meeting location is The Naples (3) Process - How could the Federal affairs and physical equipment. The Beach Hotel & Golf Club, 851 Gulf Shore process of managing fisheries be Board will also look into any matters it Blvd. North, Naples, FL 34102, improved? deems important and will meet with telephone: 800–237–7600. groups of WHINSEC students. 5. Mid-Atlantic Meeting: August 5, (4) Performance Measure - How could 2003, 1 p.m.- 4 p.m. and 6 p.m. -8 p.m. one measure whether the solution is FOR FURTHER INFORMATION CONTACT: Ken The meeting location is the Wyndham being properly implemented and LaPlante, BCPI, Limited, Army G–3 Baltimore - Inner Harbor, 101 West working? (If commenting,indicate issue (Room 2D337), 400 Army Pentagon, Fayette Street, Baltimore, MD 21201, performance measure relates to.) Washington, DC 20310, telephone (703) telephone: 410–752–1100. (5) Contact - Briefly describe the best 692–7419 or Dr. Mary Grizzard at (703) 6. Pacific Meeting: September 8, 2003, way for NMFS to keep the public 614–8414. 6 p.m. - 8 p.m. and September 9, 2003, informed about changes within the SUPPLEMENTARY INFORMATION: The 8 a.m. - 11 p.m. The meeting location is agency and fisheries management. meeting is open to the public. There the Double Tree Guest Suites Seattle will be time set aside for public Southcenter, 16500 Southcenter Special Accommodations comments by individuals and Parkway, Seattle, WA 98188, telephone: These meetings are physically 206–575–8220. organization on June 4, 2003. Public accessible to people with disabilities. comment and presentations will be 7. New England Meeting: September Requests for sign language 16, 2003, 2 p.m. - 5 p.m. and 6 p.m. - limited to two minutes each and interpretation or other auxiliary aids members of the public desiring to make 8 p.m. The meeting location is the should be directed to Patricia Lawson Holiday Inn Express, 110 Middle Street, oral statements or presentations must (see FOR FURTHER INFORMATION CONTACT) inform the contact personnel, in writing. Fairhaven, MA 02719, telephone: 508– 2 weeks before each meeting. 997–1281. Requests must be received before 8. South Atlantic Meeting: September Dated: May 12, 2003. Wednesday, May 28, 2003. Mail written 18, 2003, 1:30 p.m. - 4:30 p.m. and 6 William T. Hogarth, presentations and requests to register to p.m. - 8 p.m. The meeting location is the Assistant Administrator, National Marine attend the public sessions to: Dr. Mary Pawley’s Plantation, 70 Tanglewood Fisheries Service. Grizzard or Mr. LaPlante. Public seating Drive, Pawley’s Island, SC 29585, [FR Doc. 03–12159 Filed 5–14–03; 8:45 am] is limited, and is available on a first telephone: 800–367–9959. BILLING CODE 3510–22–S come, first served basis.
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Dated: May 5, 2003. Gulfport Public Library, Gulfport, the [email protected] by e- John C. Speedy III, Margaret Sherry Memorial Library in mail, or phone 904–232–3747. SES, Designated Federal Officer, WHINSEC Biloxi, the D’Iberville Public Library in SUPPLEMENTARY INFORMATION: BoV. D’Iberville, or in the Mobile District. a. Authorization. Authority and funds [FR Doc. 03–12154 Filed 5–14–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: for the project are provided by section BILLING CODE 3710–08–M Susan Ivester Rees, Ph.D., EIS Manager, 227, of the Water Resources (334) 694–4141, facsimile number (334) Development Act (WRDA) of 1996, as 690–2727 or e-mail address amended. The proposed section 227, DEPARTMENT OF DEFENSE ([email protected]). National Shoreline Erosion Control Demonstration Project, 63rd Street, Department of the Army; Corps of SUPPLEMENTARY INFORMATION: Public ‘‘Hotspot’’, Miami Beach, Dade County, Engineers comments can be submitted through a Florida, has awarded a contract to URS variety of methods. Written comments Group to complete 100% plans and Draft Environmental Impact Statement may be submitted to the Corps by mail, for the Proposed Royal D’Iberville specifications for an innovative facsimile, or electronic methods, breakwater to help control erosion along Hotel and Casino Development, City of comments (written or oral) may be D’Iberville, Harrison County, MS the Dade County Beach Erosion Control presented at a public meeting to be and Hurricane Protection (BEC&HP) AGENCY: Department of the Army, U.S. scheduled during the month of June in Project in the same location. The Army Corps of Engineers, DoD. D’Iberville, MS. Additional information BEC&HP for Dade County, Florida was on these meetings will be mailed in a ACTION: Notice of availability. authorized by the Flood Control Act of public notice to the agencies and public 1968 (with supplemental Appropriation SUMMARY: This notice of availability and announced in news releases. Act of 1985 and WRDA 1986) to protect, announces the public release of the Dated: May 5, 2003. reduce the loss of public beachfront and Draft Environmental Impact Statement Ronald A. Krizman, to prevent or reduce periodic damages (DEIS) for the Proposed Royal Chief, Regulatory Branch. and potential risk life, health and D’Iberville Hotel and Casino [FR Doc. 03–12156 Filed 5–14–03; 8:45 am] property in the developed lands Development, City of D’Iberville, BILLING CODE 3710–CR–M adjacent to the beach. Harrison County, MS. On February 23, b. Study Area: The project area begins 1998, Royal D’Iberville, Inc. submitted a at NE. 63rd Street and continues north Joint Permit Application and DEPARTMENT OF DEFENSE to NE. 65th Street, Miami Beach, FL, an Notification to the U.S. Army Corps of erosion hot spot. Engineers (Corps), Mobile District, the Department of the Army; Corps of c. Project Scope: The proposed project Mississippi Department of Engineers area is very specific to the erosion hot Environmental Quality, Office of spot area of Miami Beach, between NE. Pollution Control and the Mississippi Intent to Prepare a Draft Environmental 63rd Street and NE. 65th Street. The Department of Marine Resources for the Impact Statement on the Proposed proposed project footprint will cover D’Iberville project. The proposed action Section 227 National Shoreline Erosion approximately 1,800 linear foot by 40- involves the construction of a dockside Control Demonstration Project, 63rd foot wide and 4.5 to 6-foot high, covered casino adjacent to the west side of the Street, ‘‘Hotspot’’ Miami Beach, Dade by at least one foot of water at Mean I–110 bridge over the Back Bay of Biloxi County, FL Low Water (MLW), 150-foot from the toe in D’Iberville, Harrison County, of fill. AGENCY: Department of the Army, Corps Mississippi. Based on a review of the d. Preliminary Alternatives: The DEIS of Engineers, DOD. level of impacts associated with the will evaluate the No Action Plan and proposed action, the Mobile District ACTION: Notice of intent. the nearshore Submerged Artificial Reef published in Federal Register, Training (SMART) structure. SMART is November 21, 2001 (66 FR 58459), a SUMMARY: The Jacksonville District, U.S. proposed approximately 150-foot from notice of intent to prepare a DEIS for the Army Corps of Engineers (Corps) the toe of fill for the Test Beach proposed Royal D’Iberville Casino and intends to prepare a Technical Report Renourishment at Miami Beach, in the Hotel, located in D’Iberville, Harrison and 100% Plans and Specifications with vicinity of 63rd Street, ‘‘Hotspot’’, County, MS. This DEIS has been a Draft Environmental Impact Statement Miami Beach, FL. The SMART design developed by the Corps (lead agency) (DEIS) for the placement of an consists of groupings of reef modules in and 10 cooperating Federal and state innovative breakwater design to help 200-foot by 40-foot segments, attached agencies. The DEIS provides a control erosion along the upcoming Test to an articulated armor concrete mat, comprehensive environmental analysis Fill at North Miami Beach using a parallel to the shoreline for a total to aid in the decision-making process to domestic upland sand source. The length of 1,800-foot. The artificial reef deny or approve the Department of the proposed project is to be constructed modules would vary in size from 2,400 Army permit for the proposed from NE. 63rd Street to NE. 65th Street, (4.5-foot high) pounds to 9,800 (6-foot D’Iberville Hotel and Casino Project. Miami Beach, Dade County, FL. The high) pounds and be covered by a DATES: The public comment period for Secretary of the Army is responsible for minimum of 1-foot of water at MLW. the DEIS will extend through June 30, report approval. a collaborative effort The reef modules would be anchored to 2003. between the Jacksonville District and the mats to prevent ‘‘rolling’’. Mat ends ADDRESSES: To receive a copy of the Waterways Experiment Station, would be free of reefs modules to help DEIS, or to submit comments, contact Vicksburg, MS. prevent scouring. The SMART design U.S. Army Corps of Engineers, Mobile FOR FURTHER INFORMATION CONTACT: Paul breakwater is proposed to help control District, Coastal Environment Team, C. Stevenson, U.S. Army Corps of erosion along the renourished and Post Office Box 2288, Mobile, AL Engineers, Planning Division, Plan provide environmental benefits (see ftp 36628–0001. A copy of the full Formulation Branch, 701 San Marco site ftp://ftp.saj.usace.army.mil/pub/ document may also be viewed in the Blvd, Jacksonville, FL, 32207, uploads/k3cdstjv/
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URSMiamiHotSpotSection227/ for the SUPPLEMENTARY INFORMATION: Exports of OK 73105 and Tyson L. Williams, 30% submittal). electricity from the United States to a Attorney, OEG Energy Resources, Inc. e. Issues: This DEIS will evaluate the foreign country are regulated and Suite 408 Oklahoma City, OK 73105. potential impacts of the innovative require authorization under section A final decision will be made on this submerged breakwater. The 202(e) of the Federal Power Act (FPA) application after the environmental environmental analysis will incorporate (16 U.S.C. 824a(e)). impacts have been evaluated pursuant the results of studies/surveys of On February 6, 2001, the Office of to the National Environmental Policy environmental resources within the Fossil Energy (FE) of the Department of Act of 1969, and a determination is proposed project area and cumulative Energy (DOE) received an application made by the DOE that the proposed effects the proposed structure may from OERI to transmit electric energy action will not adversely impact on the produce. from the United States to Canada. On reliability of the U.S. electric power f. Scoping: Scoping for the section 227 April 16, 2001, OERI was issued an supply system. National Shoreline Erosion Control export authorization by DOE for a two Copies of this application will be Development and Demonstration year period. The authorization expired made available, upon request, for public Project, 63rd Street, ‘‘Hotspot’’, Miami on April 16, 2003. On April 22, 2003, inspection and copying at the address Beach, Date County, FL was initiated OERI applied to DOE for renewal of its provided above or by accessing the April 28, 2003, via letter. A scoping application. OERI is an Oklahoma Fossil Energy Home page at http:// meeting and teleconference was held corporation created for the purposes of www.fe.doe.gov. Upon reaching the April 14, 2003, with interested resource marketing electricity, natural gas and Fossil Energy Home page, select agency participants. The proposed other energy commodities throughout ‘‘Regulatory Programs,’’ then project area has been scoped for several North America. OERI will purchase the ‘‘Electricity Regulation,’’ and then previous Environmental Impact power to be exported from electric ‘‘Pending Proceedings’’ from the options Statements (EIS) and Environmental utilities and Federal power marketing menus. Assessments in the past. We invite the agencies in the United States. Issued in Washington, DC, on May 8, 2003. participation of affected Federal, State OERI proposes to arrange for the Anthony J. Como, delivery of electric energy to Canada and local agencies, affected Indian Deputy Director, Electric Power Regulation, tribes, other interested private over the existing international Office of Coal & Power Im/Ex, Office of Coal organizations and the public. transmission facilities owned by Basin & Power Systems, Office of Fossil Energy. Electric Power Cooperative, Bonneville g. DEIS Preparation: The forecasted [FR Doc. 03–12162 Filed 5–14–03; 8:45 am] completion date for the EIS and Power Administration, Citizens Utilities BILLING CODE 6450–01–P National Environmental Policy Act Co., Eastern Maine Electric Cooperative, work is February 4, 2004. International Transmission Company, Dated: May 1, 2003. Joint Owners of the Highgate Project, DEPARTMENT OF ENERGY Long Sault, Inc., Maine Electric Power George M. Strain, Company, Maine Public Service Controlled Hydrogen Fleet and Acting Chief, Planning Division. Company, Minnesota Power and Light Infrastructure Demonstration and [FR Doc. 03–12155 Filed 5–14–03; 8:45 am] Inc., Minnkota Power Cooperative, New Validation Project BILLING CODE 3710✖M York Power Authority, Niagara Mohawk Power Corporation, Northern States AGENCY: U.S. Department of Energy Power, and Vermont Electric (DOE). DEPARTMENT OF ENERGY Transmission Company. The ACTION: Issuance of solicitation for [Docket No. EA–232–A] construction, operation, maintenance, financial assistance applications, and connection of each of the solicitation number DE–PS36– Application to Export Electric Energy; international transmission facilities to 03GO93010. OGE Energy Resources, Inc. be utilized by OERI, as more fully SUMMARY: described in the application, has The Office of Hydrogen, Fuel AGENCY: Office of Fossil Energy, DOE. previously been authorized by a Cell, and Infrastructure Technologies of ACTION: Notice of application. Presidential permit issued pursuant to the Department of Energy (DOE) Office Executive Order 10485, as amended. of Energy Efficiency and Renewable SUMMARY: OGE Energy Resources, Inc. Procedural Matters: Any person Energy is soliciting financial assistance (OERI) has applied for authority to desiring to become a party to this Applications with the objective of transmit electric energy from the United proceeding or to be heard by filing supporting industry efforts and the States to Canada pursuant to section comments or protests to this application President’s Hydrogen Fuel Initiative in 202(e) of the Federal Power Act. should file a petition to intervene, developing a path to a hydrogen DATES: Comments, protests or requests comment or protest at the address economy. DOE intends to provide to intervene must be submitted on or provided above in accordance with financial support under provisions of before June 16, 2003. §§ 385.211 or 385.214 of the FERC’s the Hydrogen Future Act of 1996. ADDRESSES: Comments, protests or Rules of Practice and Procedures (18 DATES: Issuance of the Solicitation is requests to intervene should be CFR 385.211, 385.214). Fifteen copies of planned for May 5, 2003 with a closing addressed as follows: Office of Coal & each petition and protest should be filed date of August 15, 2003. Power Im/Ex (FE–27), Office of Fossil with the DOE on or before the date ADDRESSES: To obtain a copy of the Energy, U.S. Department of Energy, listed above. Solicitation once it is issued, interested 1000 Independence Avenue, SW., Comments on the OERI application to parties should access the DOE Industry Washington, DC 20585–0350 (FAX (202) export electric energy to Canada should Interactive Procurement System (IIPS) 287–5736). be clearly marked with Docket EA–232– Web site. The Solicitation can be FOR FURTHER INFORMATION CONTACT: A. Additional copies are to be filed obtained directly through IIPS at Xavier Puslowski (Program Office) (202) directly with Patricia Horn, Esq., http://e-center.doe.gov by browsing 586–4708 or Michael Skinker (Program General Counsel, Enogex Inc., Suite 600, opportunities by Program Office, Attorney) (202) 586–2793. 515 Central Park Drive, Oklahoma City, Financial Assistance, Golden Field
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Office, and then selecting this the Applicant. DOE anticipates selecting ACTION: Notice of orders. Solicitation number. DOE will not issue three to five Applications for paper copies of the Solicitation. negotiation toward Award. Subject to SUMMARY: The Office of Fossil Energy FOR FURTHER INFORMATION CONTACT: the availability of annual congressional (FE) of the Department of Energy gives James Damm, Contracting Officer, via appropriations, the total cumulative notice that during April 2003, it issued facsimile to (303) 275–4788 or DOE funding available under this Orders granting authority to import and electronically to Solicitation for all projects is export natural gas, including liquefied [email protected]. Once the anticipated to be between $150 million natural gas. These Orders are Solicitation is issued, all questions must and $240 million. Applicant cost share summarized in the attached appendix is required in order to be considered for be submitted through IIPS per the and may be found on the FE Web site an Award under this Solicitation. The instructions contained in the at http://www.fe.doe.gov (select gas Solicitation. Responses to questions will minimum required cost share varies with the type of Applicant and type of regulation), or on the electronic bulletin be posted on the IIPS Web site. Further board at (202) 586–7853. They are also information on DOE’s Hydrogen, Fuel proposed project and will be specified in the Solicitation. available for inspection and copying in Cells, and Infrastructure Technologies the Office of Natural Gas & Petroleum Program can be viewed at http:// Issued in Golden, Colorado, on May 5, Import & Export Activities, Docket www.eere.energy.gov/ 2003. Room 3E–033, Forrestal Building, 1000 hydrogenandfuelcells. Jerry L. Zimmer, Independence Avenue, SW., SUPPLEMENTARY INFORMATION: Under this Director, Office of Acquisition and Financial Assistance. Washington, DC 20585, (202) 586–9478. Solicitation, DOE is soliciting The Docket Room is open between the Applications for Validation projects that [FR Doc. 03–12163 Filed 5–14–03; 8:45 am] BILLING CODE 6450–01–P hours of 8 a.m. and 4:30 p.m., Monday include the testing, demonstration, and through Friday, except Federal holidays. validation of hydrogen fuel cell vehicles and infrastructure, and the required Issued in Washington, DC on May 5th, DEPARTMENT OF ENERGY vehicle and infrastructure interfaces for 2003. complete system solutions. The Office of Fossil Energy Clifford P. Tomaszewski, Validation projects should also include Manager, Natural Gas Regulation, Office of a comprehensive safety plan, a program [FE Docket No. 03–15–NG, 03–14–NG, et al.] Natural Gas & Petroleum Import & Export that enhances the development of codes Activities, Office of Fossil Energy. H.Q. Energy Services (U.S.) Inc., PG&E and standards, and a comprehensive, Energy Trading-Gas Corporation, integrated education and training Cargill, Incorporated, Statoil Natural campaign. Gas LLC, Dartmouth Power Awards under this Solicitation will be Associates, Limited Partnership; Cooperative Agreements, with a five- Orders Granting Authority to Import year Project Period. Teams under this and Export Natural Gas, Including Solicitation must include an automobile Liquefied Natural Gas manufacturer and an energy company, with one of the two entities proposed as AGENCY: Office of Fossil Energy, DOE.
APPENDIX—ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS [DOE/FE Authority]
Date Importer/exporter FE Dock- Import Export Order No. issued et No. volume volume Comments
1861 ...... 4–4–03 H.Q. Energy Services (U.S.) 200 Bcf 200 Bcf Import and export natural gas from and to Canada and Inc., 03–15–NG. Mexico, beginning on May 1, 2003, and extending through April 30, 2005. 1862 ...... 4–4–03 PG&E Energy Trading-Gas 100 Bcf 100 Bcf Import and export natural gas from and to Canada, be- Corporation, 03–14–NG. ginning on July 1, 2003, and extending through June 31, 2005. 1863 ...... 4–15–03 Cargill, Incorporation 03– 1,500 Bcf 500 Bcf Import up to a combined total of natural gas from Can- 17–NG. ada and Mexico, and to export up to a combined total of natural gas to Canada and Mexico, beginning on April 15, 2003, and extending through April 14, 2005. 1864 ...... 4–21–03 Statoil Natural Gas LLC, 190 Bcf Import liquefied natural gas from various international 03–16–LNG. sources, beginning on June 1, 2003, and extending through May 31, 2005. 1865 ...... 4–28–03 Dartmouth Power Associ- 11.68 Bcf Import natural gas from Canada, beginning on May 7, ates Limited Partnership 2003, and extending through May 6, 2005. 03–18–NG.
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[FR Doc. 03–12161 Filed 5–14–03; 8:45 am] that date. Comments postmarked after CMR’s analytical chemistry, materials BILLING CODE 6450–01–P June 30, 2003, will be considered to the characterization, and actinide research extent practicable. As part of the public and development capabilities are comment period for the Draft CMRR necessary to support the current and DEPARTMENT OF ENERGY EIS, pubic hearings will be held on June future directed stockpile work and 3rd and 4th, 2003, to provide the public campaign activities conducted at LANL. National Nuclear Security and stakeholders with an opportunity to The CMR Building is over 50 years old Administration present comments on the draft and approaching end of life. Studies document, ask questions, and discuss conducted in the late 1990s identified a Notice of Availability of the Draft concerns with DOE and NNSA officials seismic fault trace located beneath the Environmental Impact Statement for regarding the Draft CMRR EIS. The CMR Building, which greatly increases the Proposed Chemistry and dates, times, and locations for these the level of structural upgrades needed Metallurgy Research Building public hearings are as follows: for the building to meet current Replacement Project at Los Alamos structural seismic code requirements for National Laboratory, Los Alamos, NM June 3, 2003, 6:30 p.m.–9 p.m., Fuller Lodge, 2132 Central Avenue, Los a Hazard Category 2 nuclear facility. AGENCY: U.S. Department of Energy, Alamos, NM. The CMR Building has been upgraded such that operations can continue, on a National Nuclear Security June 4, 2003, 6:30 p.m.–9 p.m., Cities Administration. restricted basis, in support of national of Gold Hotel, Highway 84/285, security missions. The CMR Upgrades ACTION: Notice of availability and public Pojoaque, NM. project was designed to extend the life hearings. ADDRESSES: A copy of the Draft CMRR of the CMR Building through EIS or its Summary may be obtained SUMMARY: Pursuant to the National approximately 2010. It would be cost Environmental Policy Act (NEPA) of upon request by writing to: U.S. prohibitive to perform the needed 1969, as amended (42 U.S.C. 4321 et Department of Energy, National Nuclear repairs, upgrades, and systems seq.), and the DOE Regulations Security Administration, Los Alamos retrofitting for long-term (beyond 2010), Implementing NEPA (10 CFR part 1021), Site Office, Attn: Ms. Elizabeth Withers, unrestricted use of the CMR Building. the National Nuclear Security Office of Facility Operations, 528 35th NNSA cannot perform the assigned Administration (NNSA), an agency Street, Los Alamos, New Mexico, 87544; LANL mission critical CMR capabilities within the U.S. Department of Energy by facsimile ((505) 667–9998); or by E- in the existing CMR Building at an (DOE), announces the availability of the mail (CMRR [email protected]). Please acceptable level of risk to public and Draft Environmental Impact Statement mark all envelopes, faxes and e-mail: worker health and safety without for the Chemistry and Metallurgy ‘‘Draft CMRR EIS Comments’’. Copies of operational restrictions. These Research Building Replacement Project the Draft CMRR EIS are also available operational restrictions preclude the full at Los Alamos National Laboratory, Los for review at: the Los Alamos Outreach implementation of the level of operation Alamos, New Mexico (the Draft CMRR Center, 1619 Central Avenue, Los DOE decided upon through its Record of EIS), and the dates and locations for the Alamos, New Mexico, 87544; and the Decision for the 1999 LANL Site-wide public hearings to receive comments on Zimmerman Library, University of New Environmental Impact Statement for the the Draft CMRR EIS. The present Mexico, Albuquerque, New Mexico Continued Operation of Los Alamos National Laboratory (DOE/EIS–0238). Chemistry and Metallurgy Research 87131. CMR capabilities are necessary to (CMR) Building at Los Alamos National Specific information regarding the support the current and directed Laboratory (LANL) houses mission public hearings can also be obtained by stockpile work and campaign activities critical analytical chemistry, material the means described above. Comments at LANL. By 2010, operations will have characterization and actinide (actinides concerning the Draft CMRR EIS can be been conducted in the existing CMR are any of a series of elements with submitted by the means described above Building for 60 years; this is the atomic numbers ranging from actinium- or by leaving a message on the EIS estimated operational life span for 89 through lawrencium-103) research Hotline at (toll free) 1–877–491–4957. nuclear operations at the existing CMR and development capabilities. The Draft The Hotline will have instructions on how to record comments. Building. Given that the CMR Building CMRR EIS considers the potential is near the end of its useful life, action FOR FURTHER INFORMATION CONTACT: environmental impacts that could result For is now required by NNSA to assess due to the consolidation and relocation general information on NNSA NEPA alternatives for continuing these of these CMR capabilities from the process, please contact: Mr. James activities for the succeeding 50 years. existing aged CMR Building to a new Mangeno (NA–3.6), NEPA Compliance The CMRR EIS evaluates the facility such that these capabilities Officer for the National Nuclear Security environmental impacts associated with would be available on a long-term basis Administration, U.S. Department of relocating the CMR capabilities at LANL to successfully accomplish LANL Energy, 1000 Independence Avenue to new buildings sited at the following mission support activities or programs. SW., Washington, DC 20585, (202) 586– alternative locations: (1) Next to the The Draft CMRR EIS also considers the 8395. For general information about the Plutonium Facility at Technical Area 55 no-action alternative of maintaining the DOE NEPA process, please contact: Ms. (TA–55) at LANL (the Proposed Action), CMR capabilities at the CMR Building. Carol Borgstrom, Director, Office of and (2) a ‘‘greenfield’’ site near TA–55 DATES: The NNSA invites members of NEPA Policy and Compliance (EH–42), within TA–6. The NNSA also evaluated Congress, American Indian Tribal U.S. Department of Energy, 1000 performing minimal necessary Governments, state and local Independence Avenue SW., structural and systems upgrades and governments, other Federal agencies, Washington, DC 20585, (202) 586–4600, repairs to portions of the existing CMR and the general public to provide or leave a message at 1–800–472–2756. Building and continuing the use of these comments on the Draft CMRR EIS. The SUPPLEMENTARY INFORMATION: Mission upgraded portions of the structure for comment period runs through June 30, critical CMR capabilities at LANL administrative offices and support 2003; the NNSA will consider all support NNSA’s stockpile stewardship function purposes, as well as evaluating comments received or postmarked by and management strategic objectives. the potential decontamination and
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demolition of the entire existing CMR you anticipate that you will be also will be available for inspection at Building as disposition options coupled submitting comments, but find it the office of the Board of Governors. with the alternatives for construction difficult to do so within the period of Interested persons may express their and operation of new nuclear laboratory time allowed by this notice, you should views in writing to the Reserve Bank facilities at the two previously advise the contact listed below as soon indicated for that notice or to the offices identified locations. The EIS considers as possible. of the Board of Governors. Comments the performance of minimal necessary ADDRESSES: Direct all comments to Les must be received not later than May 29, structural and systems upgrades and Smith, Federal Communications 2003. repairs to the existing CMR Building as Commission, Room 1–A804, 445 12th A. Federal Reserve Bank of San a no-action alternative with continued Street, SW., Washington, DC 20554, or Francisco (Maria Villanueva, Consumer maintenance of limited mission critical via the Internet to [email protected]. Regulation Group) 101 Market Street, CMR capabilities at the CMR Building. FOR FURTHER INFORMATION CONTACT: For San Francisco, California 94105-1579: NNSA expects to complete the Final additional information or copies of the 1. James Patrick Koehler, Aberdeen, CMRR EIS by November 2003. A Record information collection(s) contact Les South Dakota; to acquire additional of Decision would be completed no Smith at 202–418–0217 or via the sooner than 30 days after the Final Internet at [email protected]. voting shares of Valley Bancorp, CMRR EIS is issued. Henderson, Nevada, and thereby SUPPLEMENTARY INFORMATION: indirectly acquire additional voting Signed in Washington, DC this 28th day of OMB Control Number: 3060–0249. shares of Valley Bank, Henderson, April, 2003. Title: Section 74.781, Station Records. Everet H. Beckner, Form Number: N/A. Nevada. Deputy Administrator for Defense Programs, Type of Review: Extension of a Board of Governors of the Federal Reserve National Nuclear Security Administration. currently approved collection. System, May 9, 2003. [FR Doc. 03–12164 Filed 5–14–03; 8:45 am] Respondents: Business and other for- Robert deV. Frierson, BILLING CODE 6450–01–P profit entities; not-for-profit institutions; Deputy Secretary of the Board. State, Federal or Tribal Governments. [FR Doc. 03–12056 Filed 5–14–03; 8:45 am] Number of Respondents: 7,400. BILLING CODE 6210–01–S FEDERAL COMMUNICATIONS Estimated Time per Response: 0.75 COMMISSION hours. Frequency of Response: FEDERAL RESERVE SYSTEM Notice of Public Information Recordkeeping; annual reporting requirement. Collection(s) Being Reviewed by the Formations of, Acquisitions by, and Federal Communications Commission Total Annual Burden: 5,735 hours. Total Annual Costs: $666,000. Mergers of Bank Holding Companies; May 7, 2003. Needs and Uses: 47 CFR Section Correction SUMMARY: The Federal Communications 74.781 requires licensees of low power Commission, as part of its continuing television, TV translator and TV booster This notice corrects a notice (FR Doc. effort to reduce paperwork burden stations to maintain adequate records. 03-11424) published on pages 24742 invites the general public and other FCC staff in field inspections used the and 24743 of the issue for Thursday, Federal agencies to take this records to ensure that reasonable May 8, 2003. opportunity to comment on the measures are taken to maintain proper Under the Federal Reserve Bank of following information collection(s), as station operations and to ensure Boston heading, the entry for Citizens required by the Paperwork Reduction compliance with the Commission’s Financial Group, Inc., Providence Act of 1995, Public Law 104–13. An rules. Rhode Island, is revised to read as agency may not conduct or sponsor a Federal Communications Commission. follows: collection of information unless it William F. Caton, A. Federal Reserve Bank of Boston displays a current valid control number. (Richard Walker, Community Affairs No person shall be subject to any Deputy Secretary. [FR Doc. 03–12058 Filed 5–14–03; 8:45 am] Officer) 600 Atlantic Avenue, Boston, penalty for failing to comply with a Massachusetts 02106-2204: collection of information subject to the BILLING CODE 6712–01–P Paperwork Reduction Act (PRA) that 1. Citizens Financial Group, Inc., does not display a valid control number. Providence, Rhode Island; Royal Bank Comments are requested concerning (a) FEDERAL RESERVE SYSTEM of Scotland, PLC, Theedinburgh; Royal Whether the proposed collection of Bank of Scotland Group PLC, information is necessary for the proper Change in Bank Control Notices; Theedinburgh; and RBSG International performance of the functions of the Acquisition of Shares of Bank or Bank Holdings Limited, Edinburgh, all in Commission, including whether the Holding Companies Scotland; to acquire 100 percent of the voting shares of Port Financial Corp., information shall have practical utility; The notificants listed below have (b) the accuracy of the Commission’s applied under the Change in Bank Brighton, Massachusetts, and its burden estimate; (c) ways to enhance Control Act (12 U.S.C. 1817(j)) and subsidiary, Cambridgeport Bank, the quality, utility, and clarity of the § 225.41 of the Board’s Regulation Y (12 Cambridge, Massachusetts, and to information collected; and (d) ways to CFR 225.41) to acquire a bank or bank acquire up to 9.9 percent of the voting minimize the burden of the collection of holding company. The factors that are shares of Cambridge Bancorp, information on the respondents, considered in acting on the notices are Cambridge, Massachusetts, and thereby including the use of automated set forth in paragraph 7 of the Act (12 indirectly acquire voting shares of collection techniques or other forms of U.S.C. 1817(j)(7)). Cambridge Trust Company, Cambridge, information technology. The notices are available for Massachusetts. DATES: Written comments should be immediate inspection at the Federal Comments on this application must submitted on or before July 14, 2003. If Reserve Bank indicated. The notices be received by June 2, 2003.
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Board of Governors of the Federal Reserve The AoA will provide a contact Dissemination. (30 Points); and Level of System, May 9, 2003. person for the center’s project director/ Effort (20 points). Robert deV. Frierson, staff to receive SMP grantee information DATES: The deadline date for the Deputy Secretary of the Board. and orientation on the resources submission of applications is June 30, [FR Doc. 03–12055 Filed 5–14–03; 8:45 am] available ‘‘in house’’ for start up 2003. BILLING CODE 6210–01–S activities. AOA will also conduct conference calls to identify priorities or ADDRESSES: Application kits are as a tool for planning upcoming events. available by writing to the U.S. The grantee will be required to report Department of Health and Human DEPARTMENT OF HEALTH AND semiannually on the progress of this Services, Administration on Aging, HUMAN SERVICES project. Based on the review of the Office of Consumer Choice and Administration on Aging report, AoA will negotiate any Protection, Washington, DC 20201, by modifications needed to the cooperative calling (202) 357–3532, or online at [Program Announcement No. AoA–03–04] agreement. At the end of each budget http://www.aoa.gov/egrants. period, the AoA will review the Applications may be mailed to the Fiscal Year 2003 Program project’s performance and determine at U.S. Department of Health and Human Announcement; Availability of Funds the time if future funding is justified. Services, Administration on Aging, and Notice Regarding Applications Eligibility for grant awards and other Office of Grants Management, requirements: Public and non-profit AGENCY: Administration on Aging, HHS. Washington, DC 20201, attn: Margaret agencies, organizations, institutions, Tolson (AoA–03–04). ACTION: Announcement of availability of and federally recognized tribes are Applications may be delivered to the funds and request for applications. eligible to apply under this program U.S. Department of Health and Human announcement. Faith-based SUMMARY: The Administration on Aging Services, Administration on Aging, organizations are eligible to apply. To be (AoA) announces that under this Office of Grants Management, One considered for funding, however, the program announcement it will hold a Massachusetts Avenue, NW., Room applicant must be experienced in competition for one award to support a 4604, Washington, DC 20201, attn: providing advice, guidance and National Consumer Protection Margaret Tolson (AoA–03–04). technical assistance to Medicare fraud Technical Resource Center at a federal If you elect to mail or hand deliver share of approximately $450,000 per educational/outreach efforts. Executive Order 12372 is not your application you must submit one year for a project period of three years. applicable to this grant application. original and two copies of the Legislative authority: The Health Grantees must cover at least 25% of application; an acknowledgement card Insurance Portability and the project’s total cost with non-federal will be mailed to all applicants. Accountability Act of 1996, the Older cash or in-kind resources. Grantees must SUPPLEMENTARY INFORMATION: All grant Americans Act, Public Law 106–501 contribute at least one (1) dollar in non- applicants are encouraged to obtain a D– (Catalog of Federal Domestic Assistance federal cash or in-kind resources for U–N–S number from Dun and 93.048, Title IV and Title II every three (3) dollars received in Bradstreet. It is a nine-digit Discretionary Projects). federal funding. identification number, which provides Purpose of grant award: The purpose Screening criteria: All applications unique identifiers of single business of this award is to establish one will be screened to assure a level entities. The D–U–N–S number is free National Consumer Protection playing field for all applicants. and easy to obtain from http:// Technical Resource Center to provide Applications that fail to meet the www.dnb.com/US/duns_update/. advice, guidance and technical screening criteria described below will FOR FURTHER INFORMATION CONTACT: assistance to AoA’s Senior Medicare not be reviewed and will not receive U.S. Patrol (SMP) projects. These projects further consideration. Department of Health and Human test the best ways of using the skills of 1. Applications must be postmarked Services, Administration on Aging, retired nurses, doctors, accountants and by midnight, June 30, 2003, or hand- Office of Consumer Choice and other professionals to train seniors as delivered by 5:30 p.m. Eastern Time, on Protection, Washington, DC 20201, expert resources to curb health care June 30, 2003, or submitted telephone: (202) 357–3532. error, fraud, and abuse. electronically by midnight, June 30, Dated: May 12, 2003. The award is a cooperative agreement 2003. Josefina G. Carbonell, because the Administration on Aging 2. Electronic submissions must be Assistant Secretary for Aging. will be substantially involved in the sent to: http://www.aoa.gov/egrants. [FR Doc. 03–12133 Filed 5–14–03; 8:45 am] development and execution of the Note: For electronic submissions, the BILLING CODE 4154–01–P activities of the grantee. required signature form must be The applicant and AoA will negotiate postmarked by midnight, June 30, 2003, a work plan which details activities or hand-delivered by 5:30 p.m., Eastern DEPARTMENT OF HEALTH AND necessary to implement advice, Time, on June 30, 2003. HUMAN SERVICES guidance and technical assistance to 3. The Project Narrative section of the SMP projects. The applicant will application must not exceed 20 pages. Centers for Disease Control and develop strategies with AoA to replicate Page fifteen of the application kit details Prevention nationwide best practices of the SMP the components of the application not program. The AoA will plan national included in this limitation. [Program Announcement 04001] and regional conferences, forums and Review of Applications: Applications meetings to provide program will be evaluated against the following Grants for Education Programs in information, training, and education. criteria: Purpose and Need for Occupational Safety and Health; Notice The applicant will participate in these Assistance. (20 Points), Approach, Work of Availability of Funds events to report on the activities of the Plan and Activities. (30 Points), Project center. Outcomes, Evaluation and Application Deadline: July 1, 2003.
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A. Authority and Catalog of Federal Samoa, Guam, the Trust Territory of the continuation or new training grants; one Domestic Assistance Number Pacific Islands, Wake Island, Outer of the awards is planned for $60,000 for This program is authorized under Continental Shelf lands defined in the a Hazardous Substance Academic section 670(a) of the Occupational Outer Continental Shelf Lands Act, Training (HSAT) Program and one of the Safety and Health Act (29 U.S.C. 670 Johnston Island, and any other U.S. awards is planned for $60,000 for a Hazardous Substance Training (HST) (a)). The Catalog of Federal Domestic Territory or Trust Territory not named Program. The awards are to support the Assistance number is 93.263. herein are eligible to apply for an institutional training grant. development and presentation of B. Purpose Applications may be submitted by: continuing education and short courses • The Centers for Disease Control and Universities. (HST Programs), and academic curricula • Colleges. (HSAT Programs) for trainees and Prevention (CDC) announces the • availability of fiscal year (FY) 2004 Technical schools. professionals engaged in the funds for a grant program for Note: Title 2 of the United States Code management of hazardous substances. institutional training grants in section 1611 states that an organization Program support is available for faculty occupational safety and health. This described in section 501c(4) of the Internal and staff salaries, trainee costs, and other costs to provide training and program addresses the ‘‘Healthy People Revenue Code that engages in lobbying activities is not eligible to receive Federal education for occupational safety and 2010’’ focus area of Occupational Safety funds constituting an award, grant or loan. health and other professional personnel and Health. engaged in the evaluation, management, The National Institute for D. Funding and handling of hazardous substances. Occupational Safety and Health Availability of Funds 3. Approximately $120,000 is (NIOSH) is mandated to provide an available to award two competing adequate supply of qualified personnel Approximately $3,825,000 is continuation or new grants to support to carry out the purposes of the anticipated in FY 2004 to fund the enhancement of the ERC research Occupational Safety and Health Act. approximately 23 ERC and TPG awards, training mission through the support of The specific purpose of this program is subject to availability of funds. It is pilot project research training programs. to provide financial assistance to expected that the awards will begin on Funding for TPGs: Approximately eligible applicants to assist in providing or about July 1, 2004 and will be made $780,000 is available to fund twelve an adequate supply of qualified for a 12-month budget period within a competing continuation or new TPG professional occupational safety and project period of up to 5 years. Funding grants. Awards will range from $20,000 health personnel. Projects are funded to estimates may change. ERC individual to $100,000, with the average award support Occupational Safety and Health program awards will be made for a 12- being $65,000. This includes a total of Education and Research Center Training month budget period within a project $40,000 to augment the support of Grants (ERCs) and Training Project period not to exceed that of the main trainees in occupational medicine Grants (TPGs). ERC training grant. residency programs. These awards will ERCs are academic institutions that Continuation awards within an support academic programs in the core provide interdisciplinary graduate approved project period will be made disciplines (i.e., industrial hygiene, training and continuing education in the on the basis of satisfactory progress as occupational health nursing, industrial hygiene, occupational health evidenced by required reports and the occupational medicine, and nursing, occupational medicine, availability of funds. occupational safety and ergonomics) occupational safety, and closely related and relevant components (e.g., occupational safety and health fields. Use of Funds occupational injury prevention, The ERCs also serve as regional resource At least 50 percent of the funds industrial toxicology, and ergonomics). centers for industry, labor, government, awarded for each grant must be used for These awards are intended to and the public. TPGs are academic direct trainee expenses. Post-doctoral augment the scope, enrollment, and institutions that primarily provide trainee support is discouraged with the quality of training programs rather than single-discipline graduate training in exception of occupational medicine to replace funds already available for the industrial hygiene, occupational residents. Under this announcement, current operations. health nursing, occupational medicine, only one award will be made to any Funding for ERCs and TPGs: occupational safety, and closely related single institution or organization. Approximately $405,000 is available to occupational safety and health fields. fund three competing continuation or Measurable outcomes of the program Recipient Financial Participation new grants for occupational injury will be in alignment with one or more Matching funds are not required for prevention research training. Awards of the following performance goals for this program. will range from $75,000 to $150,000, the National Institute for Occupational with the average award being $135,000. Funding Preferences Safety and Health: Ensure safer and This program is intended to encourage healthier work environments for all Funding for ERCs: Approximately new occupational injury prevention Americans through information $2,640,000 of the total funds available research training programs and will dissemination, knowledge transfer, and will be utilized as follows: only support doctoral-level training and training. 1. Approximately $2,400,000 is trainees. In institutions with existing available to award four competing NIOSH-funded occupational safety/ C. Eligible Applicants continuation or new ERC grants. This ergonomics and/or injury epidemiology Any public or private educational or includes a total of $160,000 to augment programs, funding will be considered training institution that has the support of trainees in occupational for the addition of a doctoral-level demonstrated competency in the medicine residency programs. Awards program only if it is not part of the occupational safety and health field and will range from $400,000 to $800,000 existing NIOSH-funded program. For is located in a State, the District of with the average award being $600,000. the purpose of this announcement, only Columbia, the Commonwealth of Puerto 2. Approximately $120,000 is doctoral-level programs with a specific Rico, the Virgin Islands, American available to award two competing concentration in occupational injury
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prevention will be considered. The shall oversee the general operation of and education. ERCs must also proposed program must be described in the ERC Program and shall, to the extent document that the program covers an detail, with objectives, competencies possible, directly participate in training occupational safety and health and how achieved in specified courses, activities. A Deputy Director shall be discipline in critical need or meets a curricula, recruitment, faculty and other responsible for managing the daily specific regional workforce need. Each program features. Institutions administrative duties of the ERC and to core program curriculum shall include submitting proposed programs under increase the ERC Director’s availability courses from non-core categories as well this announcement that also have to ERC staff and to the public. as appropriate clinical rotations and existing NIOSH-funded programs in c. Program Directors who are full-time field experiences with public health and safety/ergonomics and/or injury faculty and professional staff safety agencies and with labor- epidemiology must describe in detail representing various disciplines and management health and safety groups. how the proposed program differs from qualifications relevant to occupational Where possible, field experience shall the existing program. In some instances, safety and health who are capable of involve students representing other it may be necessary to replace the planning, establishing, and carrying out disciplines in a manner similar to that existing program funding with funding or administering training projects used in team surveys and other team available under this announcement. undertaken by the ERC. Each academic approaches. ERCs should address the program, as well as the continuing importance of providing training and E. Program Requirements education and outreach program, shall education content related to special In conducting activities to achieve the have a Program Director. populations at risk, including minority purpose of this program, the recipient d. Faculty and staff with workers and other sub-populations will be responsible for the following demonstrated training and research specified in the National Occupational activities that define the ERC and TPG expertise, appropriate facilities and Research Agenda (NORA) special programs to be conducted: ongoing training and research activities populations at risk category. 1. All Applicants are required to in occupational safety and health areas. f. A specific plan describing how provide Measures of Effectiveness that e. A program for conducting trainees in core and component will demonstrate the accomplishment of education and training for four core academic programs will be exposed to the various objectives of the grant. disciplines: Occupational physicians, the principles of all other occupational Measures must be objective/quantitative occupational health nurses, industrial safety and health core and allied and must measure the intended hygienists, and occupational safety disciplines. ERCs that apply as a outcomes. These Measures of personnel. ERC core academic programs consortium (contracting with other Effectiveness shall be submitted with are intended to provide multi-level institutional partners) generally have the application and shall be an element practitioner and research training. Core geographic, policy and other barriers to of evaluation. academic programs should offer masters achieving this ERC characteristic and, 2. ERC Applicants shall be an degrees and, in research institutions, therefore, must give special, innovative, identifiable organizational unit within doctoral degrees. There shall be a attention to thoroughly describing the the sponsoring organization. Applicants minimum of five full-time students or approach for fulfilling interdisciplinary must meet the following characteristics full-time equivalent students in each of interaction between students. in order to be considered for an award. the core programs and a minimum of g. Demonstrated impact of the ERC on If the characteristics are not met, the three full-time students or full-time the curriculum taught by relevant application will be considered non- equivalent students in each of the medical specialties, including family responsive and will be returned to the component programs, with a goal of a practice, internal medicine, applicant without a review. minimum of 30 full-time students (total dermatology, orthopedics, pathology, a. Cooperative arrangements with a in all of core and component programs radiology, neurology, perinatal medical school or teaching hospital together). ERCs are encouraged to medicine, psychiatry, etc., and on the (with an established program in recruit and train minority students to curriculum of undergraduate, graduate preventive or occupational medicine), a help address the under-representation of and continuing education of primary school of nursing or its equivalent, a minorities among the occupational core disciplines as well as relevant school of public health or its equivalent, safety and health professional medical specialties and the curriculum or a school of engineering or its workforce. Although it is desirable for of other schools such as engineering, equivalent. It is expected that other an ERC to have the full range of core business, and law. schools or departments with relevant programs, an ERC with a minimum of h. An outreach program to interact disciplines and resources shall be three academic programs of which two with and help other institutions or represented and shall contribute as are in the core disciplines is eligible for agencies located within the region. appropriate to the conduct of the total support providing it is demonstrated Programs shall be designed to address program, e.g., epidemiology, toxicology, that students will be exposed to the regional needs and implement biostatistics, environmental health, law, principles and issues of all four core innovative strategies for meeting those business administration, and education. disciplines. In order to maximize the needs. Partnerships and collaborative Specific mechanisms to implement the unique strengths and capabilities of relationships shall be encouraged cooperative arrangements between institutions, consideration will be given between ERCs and TPGs. Programs to departments, schools/colleges, to the development of new and address the under-representation of universities, etc., shall be demonstrated innovative academic component minorities among occupational safety in order to assure that the intended programs that are relevant to the and health professionals shall be interdisciplinary training and education occupational safety and health field, encouraged. Specific efforts should be will be engendered. e.g., ergonomics, industrial toxicology, made to conduct outreach activities to b. An ERC Director who possesses a occupational injury prevention, develop collaborative training programs demonstrated capacity for sustained occupational epidemiology, health with academic institutions serving productivity and leadership in services research, and agricultural safety minority and other special populations, occupational health and safety and health; and to innovative such as Tribal Colleges and Universities, education and training. The Director technological approaches to training Historically Black Colleges and
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Universities, and Hispanic-Serving personnel working in the workplace. on interdisciplinary teams appropriate Institutions. Examples of outreach Further, the ERC shall conduct periodic for addressing a research issue. It should activities might include: Interaction training needs assessments, shall also prepare students with the skill with other colleges and schools within develop a specific plan to meet these necessary for developing research the ERC and with other universities or needs, and shall have demonstrated protocols, pilot studies, outreach efforts institutions in the region to integrate capability for implementing such to transfer research findings into occupational safety and health training directly and through other practice, and successful research principles and concepts within existing institutions or agencies in the region. proposals. Such components of research curricula (e.g., Colleges of Business The ERC should establish and maintain training will require the ERCs to strive Administration, Engineering, cooperative efforts with labor unions, toward developing the faculty Architecture, Law, and Arts and government agencies, and industry trade composition and administrative Sciences); exchange of occupational associations, where appropriate, thus infrastructure essential to being Centers safety and health faculty among regional serving as a regional resource for of Excellence in Occupational Safety educational institutions; providing addressing the problems of occupational and Health Research Training that are curriculum materials and consultation safety and health that are faced by State required to train research leaders of the for curriculum/course development in and local governments, labor and future. The plan should address the other institutions; use of a visiting management. incremental growth of such elements faculty program to involve labor and j. A Board of Advisors or Consultants and evaluation of the plan management leaders; cooperative and representing the user and affected commensurate with funds available. In collaborative arrangements with population, including representatives of addition to the research training labor, industry, government agencies, professional societies, scientific components, the plan will also include academic institutions and professional associations, and boards of such items as specific strategies for associations, shall be established by the accreditation, certification, or licensure; obtaining student and faculty funding, ERC. The Board should meet at least and presentation of awareness seminars plans for acquiring equipment, if to undergraduate and secondary annually to advise an ERC Executive Committee and to provide periodic appropriate, and a plan for developing educational institutions (e.g., high research-oriented faculty. school science fairs and career days) as evaluation of ERC activities. The well as to labor, management and Executive Committee shall be composed 1. Evidence in obtaining support from community associations. of the ERC Director and Deputy other sources, including other Federal Director, academic Program Directors, grants, support from States and other i. A specific plan for preparing, the Director for Continuing Education public agencies, and support from the distributing and conducting courses, and Outreach and others whom the ERC private sector including grants from seminars and workshops to provide Director may appoint to assist in foundations and corporate endowments, short-term and continuing education governing the internal affairs of the ERC. chairs, and gifts. training courses for physicians, nurses, k. A plan to incorporate research industrial hygienists, safety engineers 3. TPG Applicants must document training into all aspects of training and, that the program covers an occupational and other occupational safety and in research institutions, as documented safety and health discipline in critical health professionals, paraprofessionals by on-going funded research and faculty need or meets a specific regional and technicians, including personnel publications, a defined research training workforce need. There shall be a from labor-management health and plan for training doctoral-level minimum of three full-time students or safety committees, in the geographical researchers in the occupational safety region in which the ERC is located. The and health field. The plan will include full-time equivalent students in each goal shall be that the training be made how the ERC intends to strengthen academic program. Applicants should available to a minimum of 400 trainees existing research training efforts, how it address the importance of providing per year representing all of the above will integrate research training activities training and education content related categories of personnel, on an into the curriculum, field and clinical to special populations at risk, including approximate proportional basis with experiences, how it will expand these minority and disadvantaged workers. emphasis given to providing research activities to have an impact on The types of training currently eligible occupational safety and health training other primarily clinically-oriented for support are: to physicians in family practice, as well disciplines, such as nursing and a. Graduate training for practice, as industrial practice, industrial nurses, medicine, and how it will build on and teaching, and research careers in and safety engineers. Priority shall be utilize existing research opportunities in occupational safety and health. Priority given to establishing new and the institution. Each ERC is required to will be given to programs producing innovative training technologies, identify or develop a minimum of one, graduates in areas of greatest including distance learning programs preferably more, areas of research focus occupational safety and health need. and to short-term programs designed to related to work environment problems. Strong consideration will be given to the prepare a cadre of practitioners in Consideration should be given to the establishment of innovative training occupational safety and health. Where CDC/NIOSH priority research areas technologies including distance learning appropriate, it shall be professionally identified in the National Occupational programs. acceptable that Continuing Education Health Research Agenda (NORA). b. Undergraduate and other pre- Units (as approved by appropriate Further information regarding NORA professional associations) may be may be found at the CDC/NIOSH baccalaureate training providing awarded. These courses should be Internet address: http://www.cdc.gov/ trainees with capabilities for positions structured so that higher educational niosh/norhmpg.html. The research in occupational safety and health institutions, public health and safety training plan will address how students professions. agencies, professional societies or other will be instructed and instilled with c. Special technical or other programs appropriate agencies can utilize them to critical research perspectives and skills. for long-term training of occupational provide training at the local level to This training will emphasize the safety and health technicians or occupational health and safety importance of developing and working specialists.
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F. Content CDC Procurement and Grants Office, Panel. Site visits will be made for new 2920 Brandywine Road, Atlanta, GA ERC and TPG applications, competing Applications 30341–4146. continuation ERC applications, and The Program Announcement title and Applications may not be submitted competing continuation TPG number must appear in the application. electronically. applications that have undergone major Use the information in the Program program changes during the previous Requirements, Other Requirements, and CDC Acknowledgement of Application project period. Since the site visits are Evaluation Criteria sections to develop Receipt not assured and depend on the the application content. Your A postcard will be mailed by PGO– availability of funds, the application is application will be evaluated on the TIM, notifying you that CDC has considered a complete document for criteria listed, so it is important to received your application. review purposes. All other competing follow them in laying out your program continuation applications will be Deadline plan. The narrative should be no more initially reviewed by a panel. This panel than fifteen pages per program, single- Applications shall be considered as review includes telephone spaced, printed on one side, with one- meeting the deadline if they are communication with the proposed inch margins, and unreduced 12-point received before 4 p.m. Eastern Time on Program Directors and serves to clarify font. The print must be clear and the deadline date. Any applicant who elements of the application and answer legible. Use standard size, black letters sends their application by the United reviewer questions. Site visitors and that can be clearly copied. Do not use States Postal Service or commercial panel members are extramural peer photo reduction. Prepare all graphs, delivery services must ensure that the reviewers with education and expertise diagrams, tables, and charts in black carrier will be able to guarantee delivery in specific occupational safety and ink. The application must contain only of the application by the closing date health disciplines. material that can be photocopied. Do and time. If an application is received The final official peer review will be not include course catalogue and course after closing due to (1) carrier error, conducted by a Special Emphasis Panel brochures. When additional space is when the carrier accepted the package (SEP) appointed by CDC. SEP members needed to complete any of the items, with a guarantee for delivery by the are extramural peer reviewers with use plain white paper (8.5 x 11 inches), closing date and time, or (2) significant occupational safety and health expertise leave one inch margins on each side, weather delays or natural disasters, CDC in the program areas under review, and identify each item by its title, and type will upon receipt of proper include selected members of initial site the name of the program director and documentation, consider the application visit and panel review teams. Each of the grant number (if the application is as having been received by the deadline. the following criteria will be addressed a competitive renewal) in the upper Any application that does not meet and considered by the peer reviewers in right corner of each page. All pages, the above criteria will not be eligible for assigning the overall priority score including Appendices should be competition, and will be discarded. The weighting them as appropriate for each numbered consecutively at least one- applicant will be notified of their failure application. If an application is deemed half inch from the bottom edge. to meet the submission requirements. responsive and of significant merit, a priority score will be assigned using the Please consult the detailed H. Evaluation Criteria Recommended Outline for Preparation 100–500 range representing adjectival of Competing New/Renewal Training Application equivalents from outstanding (100) to Grant Applications (CDC 2.145 A) acceptable (500). Note that applications Applicants are required to provide do not need to be strong in all categories available at the Internet address listed in measures of effectiveness that will section J. to be judged likely to have a major demonstrate the accomplishment of the scientific impact and thus deserve a G. Submission and Deadline various identified objectives of the good priority score. The NIOSH grant. Measures of effectiveness must Application Forms Training Grants Council provides an relate to the performance goals stated in internal programmatic review and Submit the signed original and two the purpose section of this provides funding recommendations to copies of CDC 2.145 A–ERC or TPG announcement. Measures must be the Director of NIOSH based (OMB Number 0920–0261). objective and quantitative and must programmatic relevance of competing Applications should be clearly measure the intended outcome. These applications to the NIOSH goals and identified as an application for an ERC measures of effectiveness must be objectives. Training Grant or TPG Training Grant. submitted with the application and will The Special Emphasis Panel will Forms are available at the following be an element of evaluation. evaluate each application against the Internet address: http://www.cdc.gov/ Upon receipt, applications will be following criteria: od/pgo/forminfo.htm. reviewed by CDC/NIOSH for 1. ERC comprehensive evaluation If you do not have access to the completeness. Incomplete applications criteria are as follows: Internet, or if you have difficulty will be returned to the applicant a. Plans to satisfy the regional needs accessing the forms on-line, you may without further consideration. Those for training in the areas outlined by the contact the CDC Procurement and applications judged to be competitive application, including projected Grants Office Technical Information will be further evaluated individually enrollment, recruitment and current Management Section (PGO–TIM) at: against the following criteria and the workforce populations. Special 770–488–2700. Application forms can extent to which they have been met. The consideration should be given to the be mailed to you. initial peer review will be conducted by development of programs addressing the means of a panel meeting or site visit. under-representation of minorities Submission Date, Time, and Address The purpose of the initial review is to among occupational safety and health The application must be received by obtain basic information regarding professionals. Indicators of regional 4 p.m. Eastern Time July 1, 2003. elements of the proposed training grant need should include measures utilized Submit the application to: Technical program and to provide a technical by the ERC such as previous record of Information Management—PA#04001, report as input to the Special Emphasis training and placement of graduates.
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The need for supporting students in i. Academic and physical to provide the required training. It allied disciplines must be specifically environment in which the training will includes descriptions of the scope and justified in terms of user community be conducted, including access to magnitude of the hazardous substance requirements. appropriate occupational settings. problem in the region served by the ERC b. Extent to which arrangements for j. Extent to which the budget is and current activities and training day-to-day management, allocation of adequate, justified, and consistent with efforts. funds and cooperative arrangements are the intended use of the grant funds. This (3) Education and experience of the designed to effectively achieve the includes a separate budget for the Project Director, faculty, and staff Characteristics of an Education and academic staff’s time and effort in assigned to this project with respect to Research Center (see E.2). continuing education and outreach. handling, managing or evaluating c. The establishment of new and k. Evidence of the integration of hazardous substance sites and to the innovative programs and approaches to research experience into the curriculum, training of professionals in this field. training and education relevant to the and field and clinical experiences. In (4) Creativity and innovation of the occupational safety and health field and institutions seeking funds for doctoral project leadership with respect to based on documentation that the and post-doctoral (physician training) marketing the courses, structure in program meets specific regional level research training, evidence of a attracting trainees and/or providing workforce needs. In reviewing such plan describing the research and incentives for training. proposed programs, consideration research training the ERC proposes. This (5) Extent to which the applicant should be given to the developing should include goals, elements of the considered the work of relevant nature of the program and its capability program, research faculty and amount of agencies involved in hazardous to produce graduates who will meet effort, support faculty, facilities and substance activities, including EPA, and such workforce needs. equipment available and needed, and cooperated with these agencies in d. Extent to which curriculum content methods for implementing and developing and implementing this and design includes formalized training evaluating the program. training program. objectives, minimal course content to l. Evidence of success in attaining (6) Suitability of facilities and achieve degree, course descriptions, outside support to supplement the ERC equipment available for this project. course sequence, additional related grant funds including other Federal (7) Extent to which the budget is courses open to occupational safety and grants, support from States and other adequate, justified, and consistent with health students, time devoted to lecture, public agencies, and support from the the intended use of the grant funds. laboratory and field experience, and the private sector including grants from b. Agricultural Safety and Health nature of specific field and clinical foundations and corporate endowments, Education Programs in Education and experiences including their chairs, and gifts. Research Centers: relationships with didactic programs in m. Evidence of a strategy to evaluate (1) Evidence of a needs assessment the educational process. the impact that the ERC and its directed to the overall contribution of e. Academic training including the programs have had on the region served the training program toward meeting the number of full-time and part-time by the Center. Examples could include job market, especially within the students and graduates for each core a continuing education needs applicant’s region, for qualified and component program, the placement assessment and action plan, a workforce personnel to carry out the purposes of of graduates, employment history, and needs survey and action plan, the Occupational Safety and Health Act their current location by type of consultation and research programs of 1970. The needs assessment should institution (academic, industry, labor, provided to address regional consider the regional requirements for etc.). Previous continuing education occupational safety and health outreach, continuing education, training in each discipline and outreach problems, the impact on primary care information dissemination and special activity and assistance to groups within practice and training, a program industrial or community training needs the ERC region. graduate data base to track the that may be peculiar to the region. f. Methods in use or proposed employment history and contributions (2) Evidence of a plan to satisfy the methods for evaluating the effectiveness of graduates to the occupational safety regional needs for training in the areas of training and outreach including the and health field, and the cost outlined by the application, including use of placement services and feedback effectiveness of the program. projected enrollment, recruitment and mechanisms from graduates as well as n. Past performance based on current workforce populations. The employers, innovative strategies for evaluation of the most recent CDC/ need for supporting students in allied meeting regional needs, critiques from NIOSH Peer Review Summary disciplines must be specifically justified continuing education courses, and Statement and the grant application in terms of user community reports from consultations and Progress Report (Competing requirements. cooperative activities with other Continuation applications only). (3) The extent to which arrangements universities, professional associations, 2. ERC specialty program evaluation for day-to-day management, allocation and other outside agencies. criteria are as follows: of funds and cooperative arrangements g. Competence, experience and a. Hazardous Substance Training are designed to effectively achieve training of the ERC Director, the Deputy Program in Education and Research characteristics of an ERC. ERC Director, the Program Directors and Centers: (4) The extent to which curriculum other professional staff in relation to the (1) Relevance of the proposed project content and design includes formalized type and scope of training and to each element of the characteristics of training objectives, minimal course education involved. a hazardous substance training program. content to achieve degree, course h. Institutional commitment to ERC (2) Comprehensiveness and descriptions, course sequence, goals. An example of institutional soundness of the training plan additional related courses open to commitment to the long-term stability of developed to carry out the proposed occupational safety and health students, ERC programs is the commitment of activities. This is based on a time devoted to lecture, laboratory and tenured or tenure-track faculty positions documented need for the training and field experience, and the nature of to each participating academic program. evidence to support the approach used specific field and clinical experiences
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including their relationships with The needs assessment should consider implementing and evaluating the didactic programs in the educational the regional requirements for hazardous program. process. substance training, information (11) Evidence of success in attaining (5) Previous record of academic dissemination and special industrial, outside support to supplement the ERC training in agricultural safety and health labor or community training needs that grant funds including other federal including the number of full-time and may be peculiar to the region. grants, support from states and other part-time students and graduates, the (2) Evidence of a plan to satisfy public agencies, and support from the placement of graduates, employment regional needs for training in the areas private sector including grants from history, and their current location by outlined by the application, including foundations and corporate endowments, type of institution (academic, industry, Program projected enrollment and chairs, and gifts. labor, etc.). Previous record of recruitment and current workforce (12) Extent to which the applicant has continuing education training in populations. collaborated with state and federal agricultural safety and health and record (3) The extent to which the HSAT agencies having hazardous substance of outreach activity and assistance to curriculum content and design includes: management functions, including the agricultural groups within the ERC Formalized training objectives; minimal U.S. Environmental Protection Agency, region. course content to achieve a degree or and has cooperated with the agencies in (6) Methods in use or proposed for successful completion of the specialty developing and implementing this evaluating the effectiveness of training area requirements; course descriptions; program. and services including the use of course sequence; additional related d. ERC Pilot Project Research Training placement services and feedback courses open to occupational safety and Programs: mechanisms from graduates as well as health students; time devoted to lecture, (1) Relevance of the proposed employers, critiques from continuing laboratory, and field experience; and the program, including objectives that are education courses, and reports from nature of specific field and clinical specific and consistent. consultations and cooperative activities experiences including their (2) Adequacy of the plan proposed to with other universities, professional relationships with didactic programs in conduct the pilot projects program, associations, and other outside agencies. the educational process. including procedures for reviewing and (7) The competence, experience and (4) Previous record of academic and/ funding projects, the scientific review training of the Program Director and or short course training delivered in the mechanism, and program quality other professional staff in relation to the hazardous substances field, including assurance. type and scope of training and the number and type of students (3) Extent to which the applicant education involved. trained. Previous record of hazardous demonstrates collaboration with other (8) Institutional commitment to substances outreach activity and research training institutions in the Center goals. assistance to hazardous substance region, including NIOSH Training (9) Academic and physical groups within the ERC’s region. Project Grantees. environment in which the training will (5) Methods in use or proposed for (4) Education and experience of the be conducted, including access to evaluating the effectiveness of training proposed Research Training Program appropriate occupational agricultural and services including the use of Director and faculty in the occupational settings. placement services and feedback safety and health field, including the (10) Extent to which the budget is mechanisms from graduates as well as utilization of pilot projects as a research adequate, justified, and consistent with employers, student evaluations from training mechanism. the intended use of the grant funds. This academic and continuing education (5) Extent to which the budget is includes the budget for the academic courses, and reports from consultations adequate, justified, and consistent with program and the continuing education and cooperative activities with other the intended use of the grant funds. and outreach program. universities, professional associations, (6) Adequacy of the plan to evaluate (11) Evidence of a plan describing the and other outside agencies. the effectiveness of the proposed pilot agricultural safety and health training (6) The competence, experience and projects program. the Center proposes. This should training of the Program Director and (7) Gender and minority issues—Are include goals, elements of the program, other professional staff in relation to the plans to include women, ethnic, and faculty and amount of effort, support type and scope of training and racial groups adequately developed (as faculty, facilities and equipment education involved. appropriate for the scientific goals of the available and needed, and methods for (7) Institutional commitment to HSAT pilot projects)? (See AR–2, implementing and evaluating the Program goals. Requirements for Inclusion of Women program. (8) Academic and physical and Racial and Ethnic Minorities in (12) Evidence of success in attaining environment in which the training will Research.) outside support to supplement the ERC be conducted. e. ERC Health Services Research grant funds including other federal (9) Extent to which the budget is Training Programs: grants, support from states and other adequate, justified, and consistent with (1) Evidence of a plan to satisfy the public agencies, and support from the the intended use of the grant funds. This need for training in the area outlined by private sector including grants from includes the budget required to support the application, including projected foundations and corporate endowments, the training courses developed, as well enrollment, recruitment and job chairs, and gifts. as accounting for the academic staff’s opportunities. Indicators of need may c. Hazardous Substance Academic time. include measures utilized by the Training Program in Education and (10) Evidence of a plan describing the Program such as previous record of Research Centers: hazardous substances academic training training and placement of graduates. (1) Evidence of a needs assessment the Center proposes. This should Indicate the potential contribution of directed to the overall contribution of include goals, elements of the program, the project toward meeting the need for the proposed training program toward faculty and amount of effort, support this specialized training. meeting the needs of the job market, faculty, facilities and equipment (2) Extent to which arrangements for especially within the applicant’s region. available and needed, and methods for day-to-day management, allocation of
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funds and cooperative arrangements are 3.TPG evaluation criteria are as director must be a full-time faculty designed to effectively achieve the follows: member. program requirements. a. Need for training in the program j. Admission Requirements: Student (3) Evidence of a plan describing the area outlined by the application. This selection standards and procedures, academic and research training the should include documentation of a plan student performance standards and program proposes. This should include for student recruitment, projected student counseling services. goals, elements of the program, research enrollment, job opportunities, regional k. Advisory Committee: Membership, faculty and amount of effort, support need both in quality and quantity, and industries and labor groups represented; faculty, facilities and equipment for programs addressing the under- how often they meet; who they advise, available and needed, and methods for representation of minorities in the role in designing curriculum and implementing and evaluating the profession of occupational safety and establishing program need. The program. health. Committee should meet at least (4) Extent to which curriculum b. Potential contribution of the project annually to provide advice and periodic content and design includes formalized toward meeting the needs for graduate evaluation of TPG activities. training objectives, minimal course or specialized training in occupational l. Evidence of a strategy to evaluate content to achieve degree, course safety and health. the impact that the program has had on descriptions, course sequence, c. The establishment of new and the region. Examples could include a additional related courses open to innovative programs and approaches to workforce needs survey and action plan, students, time devoted to lecture, and training and education relevant to the consultation and research programs clinical and research experience occupational safety and health field and provided to address regional addressing the relationship with based on documentation that the occupational safety and health didactic programs in the educational program meets specific regional problems, a program graduate data base process. workforce needs. In reviewing such to track the employment history and (5) The extent to which the program proposed programs, consideration contributions of graduates to the effort is capable of supporting the should be given to the developing occupational safety and health field, number and type of students proposed. nature of the program and its capability and the cost effectiveness of the (6) Extent to which the program has to produce graduates who will meet program. initiated collaborative relationships such workforce needs. m. Past performance based on with external agencies and institutions d. Curriculum content and design evaluation of the most recent CDC/ to expand and strengthen its research which should include formalized NIOSH Peer Review Summary capabilities by providing student and program objectives, minimal course Statement and the grant application faculty research opportunities. content to achieve degree, course Progress Report (Competing (7) Evidence of previous record of sequence, related courses open to Continuation applications only). training in health services research and n. Extent to which the budget is students, time devoted to lecture, occupational safety and health, adequate, justified, and consistent with laboratory and field experience, nature including placement of graduates and the intended use of the grant funds. and the interrelationship of these employment history. 4. ERC and TPG applications for educational approaches. There should (8) The extent to which the program Occupational Injury Prevention also be evidence of integration of documents methods in use or proposed Research Training Programs evaluation research experience into the curriculum, methods for evaluating the effectiveness criteria are as follows: and field and clinical experiences. of the training, including the use of a. Evidence of a plan to satisfy the feedback mechanisms from graduates e. Previous records of training in this need for training in the area outlined by and employers, placement of graduates or related areas, including placement of the application, including projected in research positions, research graduates. enrollment, recruitment and job accomplishments of graduates and f. Methods proposed to evaluate opportunities. Indicators of need may reports from consultations and effectiveness of the training. include measures utilized by the cooperative activities with other g. Degree of institutional commitment: Program such as previous record of universities, professional associations, Is grant support necessary for program training and placement of graduates. and other outside agencies. initiation or continuation? Will support Indicate the potential contribution of (9) Competence, experience and gradually be assumed? Is there related the project toward meeting the need for training of the Program Director, faculty instruction that will go on with or this specialized training. and advisors in relation to the type and without the grant? An example of b. Extent to which arrangements for scope of research training and education institutional commitment to the long- day-to-day management, allocation of involved. term stability of TPG programs is the funds and cooperative arrangements are (10) Degree of institutional commitment of tenured or tenure-track designed to effectively achieve the commitment to Program goals. faculty positions to each academic program requirements. (11) Adequacy of the academic and program. c. Evidence of a plan describing in physical environment in which the h. Adequacy of facilities (classrooms, detail the research training the program training will be conducted, including laboratories, library services, books, and proposes. This should include goals, access to appropriate occupational journal holdings relevant to the elements of the program, research health research resources. program, and access to appropriate faculty and amount of effort, support (12) The extent to which the budget occupational settings). faculty, facilities and equipment is reasonable, adequately justified, and i. Competence, experience, training, available and needed, and methods for consistent with the intended use of the time commitment to the program and implementing and evaluating the grant funds. availability of faculty to advise students, program. (13) Evidence of a plan for faculty/student ratio, and teaching loads d. Extent to which curriculum content establishment of an Advisory of the program director and teaching and design includes formalized training Committee, including meeting times, faculty in relation to the type and scope objectives, minimal course content to roles and responsibilities. of training involved. The program achieve degree, course descriptions,
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course sequence, additional related b. Current Budget Period Financial Occupational Safety and Health, Centers courses open to students, time devoted Progress. for Disease Control and Prevention to lecture, and clinical and research c. New Budget Period Program (CDC), 4676 Columbia Parkway, experience addressing the relationship Proposed Activities and Objectives. Mailstop C–7, Cincinnati, OH 45226– with didactic programs in the d. Detailed Line-Item Budget and 1998, Telephone (513) 533–8241, e-mail educational process. Justification. address: [email protected]. e. The extent to which the program e. Additional Requested Information. Dated: May 9, 2003. 2. Financial status report, no more effort is capable of supporting the Sandra R. Manning, number and type of students proposed. than 90 days after the end of each f. Extent to which the program has budget period. The initial report is due Director, Procurement and Grants Office, Centers for Disease Control and Prevention initiated collaborative relationships September 30, 2005. (CDC). with external agencies and institutions 3. Final financial and performance [FR Doc. 03–12107 Filed 5–14–03; 8:45 am] to expand and strengthen its research reports, no more than 90 days after the capabilities by providing student and end of the project period. BILLING CODE 4163–19–P faculty research opportunities. Send all reports to the Grants g. Evidence of previous record of Management Specialist identified in the DEPARTMENT OF HEALTH AND training in occupational injury ‘‘Where to Obtain Additional HUMAN SERVICES prevention, including placement of Information’’ section of this graduates and employment history. announcement. Food and Drug Administration h. The extent to which the applicant Additional Requirements: documents methods in use or proposed [Docket No. 02N–0077] methods for evaluating the effectiveness The following additional of the training, including the use of requirements are applicable to this Agency Information Collection feedback mechanisms from graduates program. For a complete description of Activities; Announcement of OMB and employers, placement of graduates each, see Attachment I of the program Approval; Emergency Medical Device in research positions, research announcement, as posted on the CDC Shortage Program Survey accomplishments of graduates and Web site. AGENCY: Food and Drug Administration, reports from consultations and AR–2* Requirements for Inclusion of HHS. cooperative activities with other Women and Racial and Ethnic ACTION: Notice. universities, professional associations, Minorities in Research and other outside agencies. AR–3* Animal Subjects Requirements SUMMARY: The Food and Drug i. Competence, experience and AR–10 Smoke-Free Workplace Administration (FDA) is announcing training of the Program Director, faculty Requirements that a collection of information entitled and advisors in relation to the type and AR–11 Healthy People 2010 ‘‘Emergency Medical Device Shortage scope of research training involved. AR–12 Lobbying Restrictions Program Survey’’ has been approved by j. Degree of institutional commitment *Applies only to ERC Pilot Project the Office of Management and Budget to Program goals. An example of Research Training Program applications. (OMB) under the Paperwork Reduction institutional commitment to the long- Executive Order 12372 does not apply Act of 1995. term stability of academic programs is to this program. FOR FURTHER INFORMATION CONTACT: the commitment of tenured or tenure- Peggy Robbins, Office of Information J. Where To Obtain Additional track faculty positions to each Resources Management (HFA–250), Information participating academic program. Food and Drug Administration, 5600 k. Adequacy of the academic and This and other CDC announcements, Fishers Lane, Rockville, MD 20857, physical environment in which the the necessary applications, and 301–827–1223. training will be conducted, including associated forms can be found on the access to appropriate occupational SUPPLEMENTARY INFORMATION: In the CDC Web site, Internet address: http:// Federal Register of March 17, 2003 (68 injury prevention research resources. www.cdc.gov. Click on ‘‘Funding’’ then l. The extent to which the budget is FR 12705), the agency announced that ‘‘Grants and Cooperative Agreements’’. the proposed information collection had adequate, justified, and consistent with For general questions about this the intended use of the grant funds. been submitted to OMB for review and announcement, contact: Technical clearance under 44 U.S.C. 3507. An m. Evidence of a plan for Information Management, CDC establishment of an Advisory agency may not conduct or sponsor, and Procurement and Grants Office, 2920 a person is not required to respond to, Committee, including meeting times, Brandywine Road, Atlanta, GA 30341– roles and responsibilities. a collection of information unless it 4146, Telephone: 770–488–2700. displays a currently valid OMB control I. Other Requirements For business management and budget number. OMB has now approved the assistance, contact: Cynthia Y. Mitchell, Technical Reporting Requirements information collection and has assigned Grants Management Specialist, OMB control number 0910–0491. The Provide CDC with original plus two Procurement and Grants Office, Program approval expires on January 31, 2004. A copies of: Announcement 04001, Centers for copy of the supporting statement for this 1. The initial interim progress report Disease Control and Prevention (CDC), information collection is available on is due December 1, 2004. This report is 626 Cochrans Mill Rd., Mailstop P05, the Internet at http://www.fda.gov/ required on December 1, on an annual Pittsburgh, PA 15236, Telephone: (412) ohrms/dockets. basis. The progress report will serve as 386–6434, e-mail address: your non-competing continuation [email protected]. Dated: May 9, 2003. application, and must contain the For program technical assistance, Jeffrey Shuren, following elements: contact: John T. Talty, Principal Assistant Commissioner for Policy. a. Current Budget Period Objectives Engineer, Office of Extramural [FR Doc. 03–12191 Filed 5–14–03; 8:45 am] and Activities. Programs, National Institute for BILLING CODE 4160–01–S
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DEPARTMENT OF HEALTH AND comments should be identified with the (3) ways to enhance the quality, utility, HUMAN SERVICES docket number found in brackets in the and clarity of the information to be heading of this document. collected; and (4) ways to minimize the Food and Drug Administration FOR FURTHER INFORMATION CONTACT: burden of the collection of information [Docket No. 03N–0187] Peggy Robbins, Office of Information on respondents, including through the Resources Management (HFA–250), use of automated collection techniques, Agency Information Collection Food and Drug Administration, 5600 when appropriate, and other forms of Activities; Proposed Collection; Fishers Lane, Rockville, MD 20857, information technology. Comment Request; Postmarket 301–827–1223. Postmarket Surveillance of Medical Surveillance of Medical Devices SUPPLEMENTARY INFORMATION: Under the Devices—21 CFR Part 822 (OMB AGENCY: Food and Drug Administration, PRA (44 U.S.C. 3501–3520), Federal Control Number 0910–0449)—Extension HHS. agencies must obtain approval from the Section 522(a) of the Federal Food, ACTION: Notice. Office of Management and Budget (OMB) for each collection of Drug, and Cosmetic Act (the act) (21 SUMMARY: The Food and Drug information they conduct or sponsor. U.S.C. 360l(a)) authorizes the FDA to Administration (FDA) is announcing an ‘‘Collection of information’’ is defined require manufacturers to conduct PS of opportunity for public comment on the in 44 U.S.C. 3502(3) and 5 CFR any device that meets the criteria set proposed collection of certain 1320.3(c) and includes agency requests forth in the statute. information by the agency. Under the or requirements that members of the The PS regulation in part 822 (21 CFR Paperwork Reduction Act of 1995 (the public submit reports, keep records, or part 822) establishes procedures that PRA), Federal agencies are required to provide information to a third party. FDA uses to approve and disapprove PS publish notice in the Federal Register Section 3506(c)(2)(A) of the PRA (44 plans. The regulation provides specific, concerning each proposed collection of U.S.C. 3506(c)(2)(A)) requires Federal clear, and flexible instructions to information, including each proposed agencies to provide a 60-day notice in manufacturers so they know what extension of an existing information the Federal Register concerning each information is required in a PS plan collection, and to allow 60 days for proposed collection of information submission. FDA reviews submissions public comment in response to the including each proposed extension of an in accordance with §§ 822.15 through notice. This notice solicits comments on existing collection of information, 822.18 (which describe the grounds for information collection requirements for before submitting the collection to OMB approving or disapproving a PS plan). If postmarket surveillance (PS) of medical for approval. To comply with this this information is not collected, FDA devices. requirement, FDA is publishing notice cannot ensure that the PS will result in DATES: Submit written or electronic of the proposed collection of the collection of useful data that can comments on the collection of information set forth in this document. reveal unforeseen adverse events or information by July 14, 2003. With respect to the following other information necessary to protect ADDRESSES: Submit electronic collection of information, FDA invites the public health. comments on the collection of comments on: (1) Whether the proposed Respondents to this collection of information to http:// collection of information is necessary information are those manufacturers www.accessdata.fda.gov/scripts/oc/ for the proper performance of FDA’s who require PS of their products. As dockets/edockethome.cfm. Submit functions, including whether the previously stated, the collection of data written comments on the collection of information will have practical utility; and information under these regulations information to the Dockets Management (2) the accuracy of FDA’s estimate of the is conducted on a very infrequent basis Branch (HFA–305), Food and Drug burden of the proposed collection of and only as necessary. Administration, 5630 Fishers Lane, rm. information, including the validity of FDA estimates the burden of this 1061, Rockville, MD 20852. All the methodology and assumptions used; collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
21 CFR Total Annual Section No. of Respondents Responses No. of Responses Hours per Response Total Hours
822.9 and 822.10 5 1 5 120 600
822.21 2 1 2 40 80
822.26 1 1 1 8 8
822.27 1 1 1 40 40
822.28 1 1 1 40 40
822.29 1 1 1 120 120
822.30 1 1 1 40 40
822.34 1 1 1 20 20
822.38 23 2 46 80 3,680
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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued
21 CFR Total Annual Section No. of Respondents Responses No. of Responses Hours per Response Total Hours
Totals 4,628 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
Total Annual 21 CFR Section No. of Recordkeepers Records No. of Records Hours per Record Total Hours
822.31 23 1 23 20 460
822.32 69 1 69 10 690
Totals 1,150 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
FDA estimates, based on current Devices Act of 1990. Therefore, FDA ADDRESSES: Submit written requests for staffing and resources, only one actual would expect that the recordkeeping single copies on a 3.5′′ diskette of the PS action and manufacturers’ aversion requirements would apply to a draft guidance entitled ‘‘Surgical to the stigma of PS over the past year. maximum of 23 manufacturers (6 added Masks—Premarket Notification (510(k)) One PS action will be issued for generic each year) and 69 investigators (3 years Submissions; Draft Guidance for devices comprising of approximately per surveillance plan). After 3 years, Industry and FDA’’ to the Division of five manufacturers. Each manufacturer FDA would expect these numbers to Small Manufacturers, International, and will be required to submit a PS plan remain level as the surveillance plans Consumer Assistance (HFZ–220), Center (§§ 822.9 and 822.10) and interim and conducted under the earliest orders for Devices and Radiological Health, final reports on the progress of the reach completion and new orders are Food and Drug Administration, 1350 surveillance (§ 822.38). FDA anticipates issued. Piccard Dr., Rockville, MD 20850. Send that, on a case-by-case basis, requests for Dated: May 9, 2003. two self-addressed adhesive labels to additional information may be made Jeffrey Shuren, assist that office in processing your from a manufacturer. FDA expects that request or fax your request to 301–443– Assistant Commissioner for Policy. a small number of respondents will 8818. See the SUPPLEMENTARY [FR Doc. 03–12192 Filed 5–14–03; 8:45 am] propose changes to their PS plans INFORMATION section for information on (§ 822.21), request a waiver of a specific BILLING CODE 4160–01–S electronic access to the draft guidance. requirement of this regulation Submit written comments on the draft (§ 822.29), or request exemption from guidance to the Dockets Management DEPARTMENT OF HEALTH AND the requirement to conduct PS of their Branch (HFA–305), Food and Drug HUMAN SERVICES device (§ 822.30). FDA’s experience has Administration, 5630 Fishers Lane, rm. shown that a few respondents will go Food and Drug Administration 1061, Rockville, MD 20852. Submit out of business (§ 822.26) or cease electronic comments to http:// marketing the device subject to PS [Docket No. 03D–0137] www.fda.gov/dockets/ecomments. (§ 822.28) each year. In addition, Identify comments with the docket Medical Devices: Draft Guidance for manufacturers must certify transfer of number found in brackets in the Industry and FDA; Surgical Masks— records when ownership changes heading of this document. Premarket Notification Submissions; (§ 822.34). FOR FURTHER INFORMATION CONTACT: Availability Section 822.25 does not constitute Chiu S. Lin, Center for Devices and information collections subject to AGENCY: Food and Drug Administration, Radiological Health (HFZ–480), Food review under the PRA because ‘‘*** HHS. and Drug Administration, 9200 they entail no burden other than that ACTION: Notice. Corporate Blvd., Rockville, MD 20850, necessary to identify the respondent, the 301–443–8913. date, the respondent’s address, and the SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: nature of the instrument * * *’’ (5 CFR Administration (FDA) is announcing the 1320.3(h)(1)). availability of the draft guidance for I. Background FDA expects that at least some of the industry entitled ‘‘Surgical Masks— FDA previously issued on its Web site manufacturers will be able to satisfy the Premarket Notification (510(k)) a draft guidance entitled ‘‘Draft PS requirement using information or Submissions; Draft Guidance for Guidance for Industry and FDA data they already have. For purposes of Industry and FDA.’’ This draft guidance Reviewers on the Content and Format of calculating burden, however, FDA has is intended to assist industry in Premarket Notification (510(k)) assumed that each PS order can only be preparing premarket notification Submissions for Surgical Mask’’ on satisfied by a 3-year clinically-based submissions for surgical masks. This January 16, 1998; however, no notice of surveillance plan, using three draft guidance is neither final nor is it availability was published in the investigators. These estimates are based in effect at this time. Federal Register. We are seeking to on FDA’s knowledge and experience DATES: Submit written or electronic correct that error by issuing the draft with limited implementation of section comments on this draft guidance by guidance again for comment with a 522 of the act under the Safe Medical June 16, 2003. notice of availability in the Federal
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Register. FDA will consider the capability for all CDRH guidance Paperwork Reduction Act of 1995. To comments received and make every documents are also available on the request more information on the effort to issue the draft guidance for Dockets Management Branch Internet proposed project or to obtain a copy of implementation in a reasonable time site at http://www.fda.gov/ohrms/ the data collection plans and draft after the comment period has closed. dockets. instruments, call the HRSA Reports We have also revised the draft To receive a copy of ‘‘Surgical Clearance Officer on (301) 443–1129. guidance by adding information Masks—Premarket Notification (510(k)) Comments are invited on: (a) Whether concerning industry’s option to submit Submissions; Draft Guidance for the proposed collection of information an abbreviated 510(k) and retitled the Industry and FDA’’ by fax, call the is necessary for the proper performance guidance for clarity. CDRH Facts-On-Demand system at 800– of the functions of the Agency, 899–0381 or 301–827–0111 from a II. Significance of Guidance including whether the information shall touch-tone telephone. Press 1 to enter have practical utility; (b) the accuracy of This draft guidance is being issued the system. At the second voice prompt, the Agency’s estimate of the burden of consistent with FDA’s good guidance press 1 to order a document. Enter the the proposed collection of information; practices regulation (21 CFR 10.115). document number (094) followed by the (c) ways to enhance the quality, utility, The draft guidance, when finalized, will pound sign (#). Follow the remaining and clarity of the information to be represent the agency’s current thinking voice prompts to complete your request. collected; and (d) ways to minimize the on surgical masks. It does not create or Persons interested in obtaining a copy burden of the collection of information confer any rights for or on any person of the draft guidance may also do so by on respondents, including the use of and does not operate to bind FDA or the using the Internet. CDRH maintains a automated collection techniques or public. An alternative approach may be site on the Internet for easy access to other forms of information technology. used if such approach satisfies the information including text, graphics, requirements of the applicable statute and files that may be downloaded to a Proposed Project: The National Health and regulations. personal computer with Internet access. Service Corps (NHSC) Professional Updated on a regular basis, the CDRH Training and Information III. Paperwork Reduction Act of 1995 home page includes device safety alerts, Questionnaire (PTIQ) (OMB No. 0915– This draft guidance contains Federal Register reprints, information 0208)—Revision information collection provisions that on premarket submissions (including The National Health Service Corps are subject to review by the Office of lists of approved applications and (NHSC) of the HRSA’s Bureau of Health Management and Budget (OMB) under manufacturers’ addresses), small Professions (BHPr), is committed to the Paperwork Reduction Act of 1995 manufacturer’s assistance, information improving the health of the Nation’s (the PRA) (44 U.S.C. 3501–3520). The on video conferencing and electronic underserved by uniting communities in collections of information addressed in submissions, Mammography Matters, need with caring health professionals the draft guidance have been approved and other device-oriented information. and by supporting communities’ efforts by OMB in accordance with the PRA Dated: May 5, 2003. to build better systems of care. under the regulations governing The National Health Service Corps premarket notification submissions (21 Linda S. Kahan, (authorized by the Public Health CFR part 807, subpart E, OMB control Deputy Director, Center for Devices and Services Act, section 331) collects data number 0910–0120). The labeling Radiological Health. on its programs to ensure compliance provisions addressed in the draft [FR Doc. 03–12193 Filed 5–14–03; 8:45 am] with legislative mandates and to report guidance have been approved by OMB BILLING CODE 4160–01–S to Congress and policymakers on under the PRA under OMB control program accomplishments. To meet number 0910–0485. DEPARTMENT OF HEALTH AND these objectives, the NHSC requires a IV. Comments HUMAN SERVICES core set of information collected Interested persons may submit to the annually that is appropriate for Health Resources and Services Dockets Management Branch (see monitoring and evaluating performance Administration ADDRESSES) written or electronic and reporting on annual trends. The PTIQ is used to collect data comments on the draft guidance. Submit Agency Information Collection related to professional issues from a single copy of electronic comments to Activities: Proposed Collection: NHSC-obligated Scholarship Program http://www.fda.gov/dockets/ecomments. Comment Request Submit two paper copies of any mailed Recipients including physicians, comments. Identify comments with the In compliance with the requirement physician assistants (PAs), nurse docket number found in brackets in the for opportunity for public comment on practioners (NPs), certified nurse heading of this document. The draft proposed data collection projects midwives (CNMs), and other disciplines guidance and received comments are (section 3506(c)(2)(A) of Title 44, United in the current year’s placement cycle. available for public examination in the States Code, as amended by the This data is used to match an individual Dockets Management Branch between 9 Paperwork Reduction Act of 1995, health care professional with the most a.m. and 4 p.m., Monday through Public Law 104–13), the Health appropriate clinical practice setting. Friday. Resources and Services Administration The PTIQ will be mailed twelve (HRSA) publishes periodic summaries months in advance of the intended V. Electronic Access of proposed projects being developed service availability date. Estimates of The CDRH Web site may be accessed for submission to the Office of annualized reporting burden are as at http://www.fda.gov/cdrh. A search Management and Budget under the follows:
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Responses Type of respondent Number of per Hours per Total burden respondents respondent response hours
Health Care Professionals ...... 311 1 5 min 26
Send comments to Susan G. Queen, service not provided in a hospital Effective Ph.D., HRSA Reports Clearance Officer, emergency room) furnished, ordered or Subject city, state date Room 14–45, Parklawn Building, 5600 prescribed by an excluded party under Fishers Lane, Rockville, MD 20857. the Medicare, Medicaid, and all Federal WOODSIDE, NY Written comments should be received Health Care programs. In addition, no DAVIS, TERRY B ...... 05/20/2003 SARASOTA, FL within 60 days of this notice. program payment is made to any EDMOND, DOROTY ...... 05/20/2003 Dated: May 9, 2003. business or facility, e.g., a hospital, that WESTBURY, NY Jane M. Harrison, submits bills for payment for items or ESPINOSA, ORLANDO ...... 05/20/2003 services provided by an excluded party. Director, Division of Policy Review and MIAMI, FL Coordination. Program beneficiaries remain free to FEENEY, ELIZABETH A ...... 05/20/2003 decide for themselves whether they will CANAL WINCHESTER, OH [FR Doc. 03–12195 Filed 5–14–03; 8:45 am] continue to use the services of an FICK, MELISSA ...... 05/20/2003 BILLING CODE 4165–15–P excluded party even though no program SPRINGFIELD, OH payments will be made for items and FINA, JEFFREY ...... 05/20/2003 OKLAHOMA CITY, OK DEPARTMENT OF HEALTH AND services provided by that excluded GASPARYAN, ANNA ...... 05/20/2003 HUMAN SERVICES party. The exclusions have national TARZANA, CA effect and also apply to all Executive GONZALEZ, LILIA ...... 05/20/2003 Health Resources and Services Branch procurement and non- MIAMI, FL Administration procurement programs and activities. GONZALEZ, CARLOS J ...... 05/20/2003 CHIPLEY, FL GREEN, BRANDI RAE ...... 05/20/2003 HRSA–03–099 Fiscal Year 2003 Subject city, state Effective Competitive Cycle for the Bioterrorism date TUCSON, AZ Training and Curriculum Development HERNANDEZ, VERONICA Program (BCDF) 93.996 PROGRAM-RELATED CONVICTIONS CATALINA ...... 05/20/2003 HUNTINGTON PK, CA AGENCY: Health Resources and Services AGUILAR, DAVID HERAN ...... 05/20/2003 HERNANDO, GILDA ...... 05/20/2003 Administration, HHS. FLORENCE, AZ MIAMI, FL ALCANTAR, EVA ALVAREZ .... 05/20/2003 HORNSHUH, DAVID L ...... 05/20/2003 ACTION: Correction of deadline date. LOS ANGELES, CA HONOLULU, HI ALSAKER, ERIC ALLEN ...... 05/20/2003 SUMMARY: In notice document FR Doc. HOWARD, JASON ...... 05/20/2003 BUFFALO, MN 03–10934, in the issue of Monday, May MURELLS INLET, SC ARIAS, JOSE ...... 05/20/2003 JEREZ, EVARISTO ...... 05/20/2003 5, 2003, make the following correction: PENSACOLA, FL MIAMI, FL On page 23730, under the section ASHBAUGH, TERESA MARGE 05/20/2003 KALADZHYAN, OGANES ...... 05/20/2003 Application Requests, Availability, SALINA, KS LOS ANGELES, CA Deadline and Addresses, in the third BAIRD, CURTIS JAMES III ...... 05/20/2003 KRAMER, MELODY ANN ...... 05/20/2003 column, the application deadline date YUCAIPA, CA SPOKANE, WA should read June 30, 2003. BARNHOUSE, WILLIS ...... 05/20/2003 LABRADOR, JESUS MANUEL 05/20/2003 HONOLULU, HI TOPEKA, KS Dated: May 9, 2003. BARONOV, BORIS ...... 05/20/2003 MAMBREYAN, NORAYR ...... 05/20/2003 Jane M. Harrison, LOS ANGELES, CA LOS ANGELES, CA Director, Division of Policy Review and BARRETT, DONNA M ...... 05/20/2003 MARTINEZ, JOE ...... 05/20/2003 Coordination. BARRE, VT LA PUENTE, CA [FR Doc. 03–12042 Filed 5–14–03; 8:45 am] BENSON, CARRIE L ...... 05/20/2003 MED-CARE DISTRIBUTORS, BILLING CODE 4165–15–P HILLSBORO, OH INC ...... 05/20/2003 BRANDON, MARIA ...... 05/20/2003 SMITHVILLE, WV MIAMI, FL MIN, CHANPHIRUN DEPARTMENT OF HEALTH AND CAO, SANH ...... 05/20/2003 MEANOWUTH ...... 05/20/2003 FOUNTAIN VALLEY, CA DELANO, CA HUMAN SERVICES CAPLAN, STEVEN ...... 05/20/2003 MITCHELL, JENNIFER LYNN 05/20/2003 HONOLULU, HI Office of Inspector General DEL MAR, CA CASAS, OSIRIS MARIA ...... 05/20/2003 MOHAMMAD, KHADIJAH ...... 05/20/2003 Program Exclusions: April 2003 MIAMI, FL MARIANNA, FL CERDA, EDUARDO ...... 05/20/2003 MOHAMMED, KRISHNA ...... 05/20/2003 AGENCY: Office of Inspector General, POMONA, CA EGLIN, FL HHS. CHANG, ALBERT ...... 05/20/2003 MURPHY, HATTIE MAE ...... 05/20/2003 MIAMI, FL MIAMI, FL ACTION: Notice of program exclusions. CHASE, JANET A ...... 05/20/2003 PLUCER, MARK GERRY ...... 05/20/2003 During the month of April 2003, the GREELY, CO FLINT, MI CHAVEZ, LINDA MARTINEZ ... 05/20/2003 ROBINSON, JEREMY ...... 05/20/2003 HHS Office of Inspector General MONTEBELLO, CA WASHINGTON, DC imposed exclusions in the cases set COLEMAN, MAURICE ANN .... 05/20/2003 SAAVEDRA, JOSE ...... 05/20/2003 forth below. When an exclusion is MARYSVILLE, WA MIAMI, FL imposed, no program payment is made COMPETENT CARE, INC ...... 05/20/2003 SALINAS, JOHN YOLMAN ...... 05/20/2003 to anyone for any items or services NEWBURGH, NY DORAVILLE, GA (other than an emergency item or CULLEN, KENNETH C ...... 05/20/2003 SALMANS, ROBERT S ...... 05/20/2003
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WOOSTER, OH REYNOLDSBURG, OH LACEY, WA SANCHEZ, JUAN ...... 05/20/2003 DENISCO, RICHARD ALAN .... 05/20/2003 WHALEN, MARTIN ...... 05/20/2003 MIAMI, FL LAKE MARY, FL THORNTON, CO SCHLAFF, RICHARD M ...... 05/20/2003 FOLEY, COLLEEN BERNICE .. 05/20/2003 WICKRAM, IAN E ...... 05/20/2003 TERRE HAUTE, IN HEMPSTEAD, TX TRACY, CA SHAW, MARVIN LEROY ...... 05/20/2003 GRANDSTAFF, STEVEN WILLIAMS, VASIE ...... 05/20/2003 SANDY, UT WADE ...... 05/20/2003 MANSFIELD, OH SOLOMON, MARCUS A ...... 05/20/2003 SEWARD, AK WISLA, PETER BERT ...... 05/20/2003 DELMONT, NJ HUNTER, JERRY DEWAYNE 05/20/2003 PRESQUE ISLE, WI T-TECH MEDICAL SERVICES, INDIANAPOLIS, IN YOUNG, ELSIE MAE ...... 05/20/2003 INC ...... 05/20/2003 JONES, TONIANETTA COATESVILLE, PA SAFETY HARBOR, FL DENISE ...... 05/20/2003 THIGPEN, JEFFERY JEROME 05/20/2003 MARIANNA, FL CONVICTION FOR HEALTH CARE FRAUD DULUTH, MN KITLOWSKI, MARY LOU ...... 05/20/2003 THOMPSON, MICHAEL W ...... 05/20/2003 AURORA, CO VAUGHAN-SCHREIBER, LITHONIA, GA LONGCOR, MICHELLE GAY ... 05/20/2003 JANIE. TONEY, LAURA ...... 05/20/2003 STOCKTON, CA DOYLESTOWN, PA 05/20/2003 NAMPA, ID LUCIER, KATHLEEN JOAN ..... 05/20/2003 TRANS-CAPITAL INVEST- SONORA, CA CONVICTION-OBSTRUCTION OF AN MENT GROUP ...... 05/20/2003 MEADE, KIMBERLEY DAWN .. 05/20/2003 INVESTIGATION TAMPA, FL RALEIGH, NC TRIFAN, SHAUN KATHLEEN .. 05/20/2003 MEDINA, GAY LYNN ...... 05/20/2003 ALTER, SUZI ...... 05/20/2003 S PORTLAND, ME SAN ANTONIO, TX SHERMAN OAKS, CA LICARI, ANTHONY MICHAEL 05/20/2003 TY, HUYNH VAN ...... 05/20/2003 PERKINS, JANET ...... 05/20/2003 PEMBROKE PINES, FL RIALTO, CA UNIVERSITY CITY, MO URBANIK, MICHAEL STE- RIBBENTROP, PAUL HENRY 05/20/2003 LICENSE REVOCATION/SUSPENSION/ PHEN ...... 05/20/2003 CLINTON TWNSHP, MI SURRENDERED CLAWSON, MI SHARP, LANA MARIE ...... 05/20/2003 WEBER, DAVID C ...... 05/20/2003 WHITESBORO, TX AUSTIN, TX AIKEN, RHONDA L ...... 05/20/2003 MILTON, VT PATIENT ABUSE/NEGLECT CONVICTIONS FELONY CONVICTION FOR HEALTH CARE ALLEN, KIMBERLY ANN ...... 05/20/2003 LYNN, MA FRAUD BENNETT, PATRICIA ...... 05/20/2003 BABB, STEPHEN REX ...... 05/20/2003 CANTON, MS CARNEY, DEBORAH A ...... 05/20/2003 PROVO, UT BROTHERS, AELIA SINAE ..... 05/20/2003 BAKER, SHERYL R ...... 05/20/2003 LEWISVILLE, TX OKLAHOMA CITY, OK FINK, DAVID M ...... 05/20/2003 WAYNESBORO, VA BURGESS, RANDY SHANE .... 05/20/2003 BLODGETT, ERIC R ...... 05/20/2003 METUCHEN, NJ MITCHELL, SD HELLER, ELLIOT M ...... 05/20/2003 FRAMINGHAM, MA BURT, TRACY ...... 05/20/2003 BREKOSKY, DENISE P ...... 05/20/2003 NEW BRUNSWICK, NJ OXFORD, MS KATINE, SCOTT H ...... 05/20/2003 DILLSBURG, PA COMPASSIONATE HOME MONTGOMERY, PA BRENNAN, LORI JEAN ...... 05/20/2003 CARE, INC ...... 05/20/2003 KRAMER, LARRY S ...... 05/20/2003 MESA, AZ MINNEAPOLIS, MN POMONA, NY BROOKS, LYNNETTA ...... 05/20/2003 CORNISH, GEOFFREY LEON- LAYSHOCK, DAVENE MARIE 05/20/2003 PHOENIX, AZ DENVER, CO ARD ...... 05/20/2003 BROOKS, LINDA ...... 05/20/2003 MELCHOR, CYNTHIA CORCORAN, CA DIXON, WY VIOLETA ...... 05/20/2003 EVANS, STEPANIE ...... 05/20/2003 BROTHERTON, WILLIAM LES- PERRYSBURG, OH OCONOMOWOC, WI TER ...... 05/20/2003 MEYER, MARILYN KAY ...... 05/20/2003 HERNANDEZ, JOSE SERGIO 05/20/2003 FORT COLLINS, CO WOLCOTT, IN ABERDEEN, WA BROWN, CATHY ...... 05/20/2003 NGUYEN, SANDY YUNG LUN 05/20/2003 HINZO, ALEX GILBERT ...... 05/20/2003 WICHITA, KS SAN JOSE, CA SANTA MARIA, CA BROWN, NICOLA SUSAN ...... 05/20/2003 NORBY, SCOTT ...... 05/20/2003 HUDSON, SARAH E ...... 05/20/2003 DENVER, CO BONITA, CA EXETER, NH BRUCHIS, GARY ALAN ...... 05/20/2003 OLIVAS, DOLORES ANITA ..... 05/20/2003 HUMPHRIES, PAULINE ...... 05/20/2003 LAKEWOOD, CO COLORADO SPRNGS, CO CLEVELAND, OH BURKE, JAMES BENJAMIN .... 05/20/2003 SADLER, ALANE K ...... 05/20/2003 KOENIG, RYAN G ...... 05/20/2003 BIRMINGHAM, AL CLEVELAND, OH CLINTON, WI BUSHWAY, LEIGH ANN ...... 05/20/2003 VOUGHT, RAYMOND JESSE 05/20/2003 LOEB, CHARLES PHILLIP III .. 05/20/2003 IRONDALE, AL SAN PEDRO, CA LOS ANGELES, CA BUSSE, WAYNE SCOTT ...... 05/20/2003 MARIER, KUIR G ...... 05/20/2003 SANTEE, CA FELONY CONTROL SUBSTANCE TUCSON, AZ CALAME, CYNTHIA DIANE ..... 05/20/2003 CONVICTION MASSOUD, NIDAL ...... 05/20/2003 ORRVILLE, AL E PALO ALTO, CA CARBONELL, AUGUSTINA ..... 05/20/2003 ANDERSON, GINA M ...... 05/20/2003 NEELY, MICHAEL T ...... 05/20/2003 TUCSON, AZ PEMBROKE, MA GREENFIELD, WI CARMODY, CATHLEEN MARY ATHEY, ALAN JAMES ...... 05/20/2003 REILLY, TARA ...... 05/20/2003 PAT ...... 05/20/2003 AURORA, CO LENEXA, KS AURORA, CO BUCHAR, CHRIS R ...... 05/20/2003 ROSENTHAL, DAVID K ...... 05/20/2003 CARPENTER, ETTA MARIE .... 05/20/2003 BALTIMORE, MD SACRAMENTO, CA PHILPOT, KY BYRNE, MARY ANN ...... 05/20/2003 SPRUCH, REZSO ...... 05/20/2003 CARTER, VALERIE JOSLIN .... 05/20/2003 EL CAJON, CA MORELIA, MEXICO PHOENIX, AZ CHAMP, DEBORAH LEE ...... 05/20/2003 VICTORIA, PAUL SHANE ...... 05/20/2003 CERROS, JUAN JOSE ...... 05/20/2003
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WEST WENDOVER, NV LAKE PLACID, FL LOS ANGELES, CA CHAPPLE, STEVEN ...... 05/20/2003 JACKSON, KELLY P ...... 05/20/2003 PARILLO, KELLY A ...... 05/20/2003 TUCSON, AZ STAUNTON, VA PHOENIX, AZ CLEMONS, REGINALD DEAN 05/20/2003 JANES, STEVEN WILLIAM ...... 05/20/2003 PASTONES, DENNIS FORT COLLINS, CO LOWELL, MA FERNANDEZ ...... 05/20/2003 CORSELLO, SERAFINA ...... 05/20/2003 JIMENEZ, NANCY LEE ...... 05/20/2003 SAN FRANCISCO, CA NEW YORK, NY INDIO, CA PATRICK, MARY J ...... 05/20/2003 CROSS, BRADLEY JAMES ..... 05/20/2003 JONES, CHERYL R ...... 05/20/2003 LA SALLE, IL NILES, MI FORT LUPTON, CO PEPPERS, BRETT ...... 05/20/2003 CROUCH, SHANNON CE- KADERLIK, KAREN CATH- FOUNTAIN HILLS, AZ LESTE ...... 05/20/2003 ERINE ...... 05/20/2003 PERRY, ANITA A ...... 05/20/2003 YUMA, AZ ST PAUL, MN NEWPORT NEWS, VA DALTON, DEL B ...... 05/20/2003 KENNEDY, KEITH P ...... 05/20/2003 PETRIE, ROBERT JEFFERY .. 05/20/2003 SAN DIEGO, CA LEECHBURG, PA ST AUGUSTINE, FL DANIEL, ELIZABETH ...... 05/20/2003 KING, EDWARD JOSEPH III ... 05/20/2003 PEZOA, LOIS JACQUELINE ... 05/20/2003 GOODYEAR, AZ PHOENIX, AZ DENVER, CO DAVIS, CHERYL L ...... 05/20/2003 KINTER, MARK SILVON ...... 05/20/2003 POOR, GREGORY SHAWN .... 05/20/2003 NORFOLK, VA PEARCY, AR OMAHA, NE DAVIS, ROY L ...... 05/20/2003 LAFONT, DONNA CHRISTIAN 05/20/2003 RAMMING, KENNETH PAUL .. 05/20/2003 FARMINGTON, NM SAN JOSE, CA LOS ANGELES, CA DEZES, MARY ELLEN ...... 05/20/2003 LANG, MARY ANN ...... 05/20/2003 RANDEL, WILLIAM BRADLEY 05/20/2003 PALM COAST, FL KERRVILLE, TX TUCSON, AZ DONLEY, PATRICIA GAIL ...... 05/20/2003 LARIMORE, SUSAN M ...... 05/20/2003 REEVES, MYRNA LYNN ...... 05/20/2003 SANTA CLARITA, CA MONTE VISTA, CO TUCSON, AZ DRISCOLL, NANCY ELLEN .... 05/20/2003 LASPISA, JOSEPH ANTHONY 05/20/2003 RINALDI, TODD CHARLES ..... 05/20/2003 PHOENIX, AZ MELROSE PARK, IL DENVER, CO EDWARDS, LARRY JOSEPH .. 05/20/2003 LEUSCHEN, MARILYN LEE .... 05/20/2003 ROACH, DEBRA ...... 05/20/2003 PUEBLO, CO ERIE, PA PHOENIX, AZ FARMER, ROBIN SUE ...... 05/20/2003 LEVIN, JOEL L ...... 05/20/2003 ROBBINS, JILL ...... 05/20/2003 TUCSON, AZ ELKINS PARK, PA PEORIA, AZ FAROOQI, WAQAR ALI ...... 05/20/2003 LEVIN, PAULA B ...... 05/20/2003 ROBERTSON, DONNA LEE .... 05/20/2003 AUBURN, NY ELKINS PARK, PA GREENFIELD, IN FLEMING, TAMI S ...... 05/20/2003 LOVEJOY, LAWRENCE ROBINSON, PHYLLIS D ...... 05/20/2003 HOUSTON, TX DARRYL ...... 05/20/2003 WESTBURY, NY FRANK, EDITH JENEAN ...... 05/20/2003 SLOAN, IA ROUSSE, TONI F ...... 05/20/2003 VALLEJO, CA MAHDY, HELMY MOHAMED .. 05/20/2003 LONGMEADOW, MA FRY, MICKEY L ...... 05/20/2003 BRIDGEPORT, CT RUSH, CARRIE GAY ...... 05/20/2003 CORYDON, IA MALAVE, RONALD C ...... 05/20/2003 VALENCIA, CA FULTON, CARL L ...... 05/20/2003 LAKE MARY, FL SAFDARI, MEHDI ...... 05/20/2003 DALLAS, TX MALEKI, PEJMAN ...... 05/20/2003 ALTAMONTE SPRNGS, FL GARDUNO, MARTHA LETICIA 05/20/2003 IRVINE, CA SANDERS, TANYA M ...... 05/20/2003 CHICAGO, IL LOS ANGELES, CA MARBUT, CATHY ANN ...... 05/20/2003 SCHNEIDER, LISA FITZ- GIBBONS, DARLA M ...... 05/20/2003 BIRMINGHAM, AL GERALD ...... 05/20/2003 YOUNGTOWN, AZ MARLENEE, KEVIN ARLO ...... 05/20/2003 PITTSBURGH, PA GILMORE, LESLIE R ...... 05/20/2003 DES MOINES, IA SCHRYVER, KIM ELAINE ...... 05/20/2003 SANFORD, FL MCCONNAUGHEY, PAMELA LAMAR, CO GOLDFINE, BRIAN DAVID ...... 05/20/2003 S ...... 05/20/2003 SCHWAB, BRENT L ...... 05/20/2003 PALM DESERT, CA TUCSON, AZ ELKRIDGE, MD GREENE, KIMBERLY LEIGH .. 05/20/2003 MELTON, BRENDA FAYE ...... 05/20/2003 SCULLY, KIMBERLY M ...... 05/20/2003 EUFAULA, AL ANCHORAGE, AK PITTSBURGH, PA HARDING, HARRIET A ...... 05/20/2003 MESIROW, PATRICIA L ...... 05/20/2003 SELLERS, ANTHONY BRUCE 05/20/2003 FLORENCE, MA ROANOKE, VA ANAHEIM, CA HARVEY, MELINDA D ...... 05/20/2003 MICHEL, LESLIE ...... 05/20/2003 SHURLAN, VLADIMIR P ...... 05/20/2003 GREENVILLE, MS NEW ORLEANS, LA CAMBRIDGE, MA HAYES, AUDREY MUZACZ .... 05/20/2003 MILES, DELTON L ...... 05/20/2003 ST ROMAIN-KYLE, PAMELA A 05/20/2003 PHOENIX, AZ FLAGSTAFF, AZ PEORIA, AZ HEMRICK, JENNIFER L ...... 05/20/2003 MILKEY, JOHN JOSEPH ...... 05/20/2003 STATHOULOPOULOS, PETER KERRVILLE, TX LONG BEACH, CA A ...... 05/20/2003 HIGGINS, JENNIFER L ...... 05/20/2003 MOAYEDPARDAZI, SEYED B 05/20/2003 WORCESTER, MA LEWISTON, ME DECATUR, AL STONE, JEFFREY K ...... 05/20/2003 HOLT, GWENDOLYN ANNE ... 05/20/2003 MONET, DEBRA DAWN ...... 05/20/2003 SAN FRANCISCO, CA RUSTBURG, VA PUEBLO WEST, CO STUCKLESS, JENNIFER HORNER, PHILIP STANLEY ... 05/20/2003 MOSES, BRUCE DONALD JR 05/20/2003 MARTHA ...... 05/20/2003 CONCORD, NH PINEVILLE, LA TUCSON, AZ HOUSTEEN, DENIECE ...... 05/20/2003 MURPHY, GAIL SUSAN ...... 05/20/2003 TATE, SHELLY R ...... 05/20/2003 CHINLE, AZ PEORIA, AZ QUEEN CREEK, AZ HUFFMAN, JACQUELINE B .... 05/20/2003 NAGORE, LYNNE MICHELLE 05/20/2003 TEFFT, JANICE MARLENE ..... 05/20/2003 SAFFORD, AZ TUCSON, AZ CENTRAL FALLS, RI HURST, LISA MARIE ...... 05/20/2003 NEIBURG, DOROTHY E ...... 05/20/2003 THORNTON, LAWRENCE J .... 05/20/2003 JOLIET, IL ESSEX JUNCTION, VT THOMASTON, CT HURTADO, SANDRA G ...... 05/20/2003 NOWAK, VALENTINE ...... 05/20/2003 UTLEY, JOHN ROWLAND ...... 05/20/2003 VENTURA, CA JARRETTSVILLE, MD SANDIA, TX IRISH, IRENE ELIZABETH ...... 05/20/2003 O’DONNELL, DENISE MARIE 05/20/2003 VANCOR, ALBERT SCOTT ..... 05/20/2003
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Effective Effective DHHS Reference No. E–097–2003/0 Subject city, state date Subject city, state date filed March 16, 2003 Licensing Contact: Jeff Walenta; 301/ GREENVILLE, AL CLEVELAND, OH 435–4633; [email protected]. WAGHER, LISA KATHLEEN ... 05/20/2003 MARTINEZ, JOSE R ...... 05/20/2003 WILLIAMS, AZ MINEOLA, TX The human immune response WASSIF, ANTHONY A ...... 05/20/2003 involves a complex series of molecular RESEDSA, CA OWNERS OF EXCLUDED ENTITIES interactions to produce a beneficial WEINBERG, ROBERT PAUL .. 05/20/2003 response to foreign invasion within the BOSTON, MA PARKER, CHARLIE A ...... 05/20/2003 body. These molecular interactions WEINBERG, MARC ...... 05/20/2003 MINNEAPOLIS, MN orchestrate the specific responses of PARKER, ROBERTA CATO .... 05/20/2003 COLUMBIA, MD innate and adaptive immunity. When WHITE, MARGARET ...... 05/20/2003 MINNEAPOLIS, MN ASHEVILLE, NC these interactions break down, immune WILSON, JOHN STROTHER ... 05/20/2003 CIVIL MONETARY PENALTY related disorders such as cancer and MONTGOMERY, AL sepsis arise. WILTFANG, CHRIS CHARLES 05/20/2003 MATTHYS, JERRY A ...... 10/01/2002 This invention describes an advance ST SIMONS ISLAND, GA SHAWNEE MISSION, KS in understanding the regulation of the WITTRUP, LADONNA immune response. Triggering Receptors ALBERTINA ...... 05/20/2003 Dated: May 1, 2003. in Myeloid Cells (TREM) recently were GREELEY, CO Katherine B. Petrowski, discovered to modulate innate and FEDERAL/STATE EXCLUSION/ Director, Exclusions Staff Office of Inspector adaptive immunity. Specifically, SUSPENSION General. TREM1 amplifies the response to sepsis [FR Doc. 03–11681 Filed 5–14–03; 8:45 am] in innate immunity by activating NATHAN, SYLVESTER AR- BILLING CODE 4150–04–P neutrophils and other leukocytes; and THUR ...... 05/20/2003 TREM2 potentiates dendritic cell WOODRIDGE, IL maturation in adaptive immunity. This NATOLI, DENNIS ...... 05/20/2003 invention describes a new inhibitory RIVER EDGE, NJ DEPARTMENT OF HEALTH AND SMOOTS, OLIVIA L ...... 05/20/2003 HUMAN SERVICES TREM like Transcript, TLT–1. SACRAMENTO, CA TLT–1 is the first inhibitory receptor National Institutes of Health discovered to reside within the TREM OWNED/CONTROLLED BY CONVICTED gene locus. This discovery implies the ENTITIES Government-Owned Inventions; receptor has an important regulatory Availability for Licensing role in both innate and adaptive BLOSSOM HILL DENTAL immunity. Structurally, TLT–1 also CARE ...... 05/20/2003 AGENCY: National Institutes of Health, SAN JOSE, CA Public Health Service, DHHS. possesses inhibitory domains that indicate this regulatory function. TLT– CALIXTO GARCIA MEDICAL ACTION: Notice. CTR INC ...... 05/20/2003 1 is highly expressed in peripheral MIAMI, FL SUMMARY: The inventions listed below blood platelets and may modulate many DIAMOND DENTAL SERV- are owned by agencies of the U.S. other types of myeloid cells. Potential ICES, LLP ...... 05/20/2003 Government and are available for therapeutic implications are for immune POCATELLO, ID licensing in the U.S. in accordance with disorders, cancer, septic shock, FAMILY FIRST HEALTHCARE, infectious disease, stroke, heart disease, INC ...... 05/20/2003 35 U.S.C. 207 to achieve expeditious WICHITA, KS commercialization of results of myocardial infarction, vascular HOI LEE D D S ...... 05/20/2003 federally-funded research and disorders, and other platelet-associated RENTON, WA development. Foreign patent disorders. NAT’L MEDICAL EQUIP & applications are filed on selected SUPPLIES ...... 05/20/2003 17–AAG Treatment of Diseases inventions to extend market coverage Sensitive to c-KIT Down Regulation PLANTATION, FL for companies and may also be available PRINCIPLE MEDICAL MGMT, for licensing. Gerard Fumo and Len Neckers (NCI) INC ...... 05/20/2003 DHHS Reference No. E–256–2002 filed HOLLYWOOD, CA ADDRESSES: Licensing information and ROLYJANE HOME CARE, INC 05/20/2003 copies of the U.S. patent applications 22 Oct 2002 MIAMI, FL listed below may be obtained by writing Licensing Contact: George Pipia; 301/ SOLOMON’S INVALID to the indicated licensing contact at the 435–5560; [email protected]. COACH, INC ...... 05/20/2003 Office of Technology Transfer, National This invention describes the use of NEWARK, NJ Institutes of Health, 6011 Executive 17-allylamino-17- UNION PHARMACY ...... 05/20/2003 demethoxygeldanamycin (17-AAG), a MIAMI, FL Boulevard, Suite 325, Rockville, Maryland 20852–3804; telephone: 301/ derivative of geldanamycin, which DEFAULT ON HEAL LOAN 496–7057; fax: 301/402–0220. A signed inhibits mutated KIT protein kinase Confidential Disclosure Agreement will activity (the product of proto-oncogene BARBATO, BEVERLY V ...... 04/03/2003 be required to receive copies of the c-KIT). This kinase has been identified SALEM, WV patent applications. as the protein responsible for BILYEU, STUART WILLIAM .... 05/20/2003 transformation of certain human cell ANN ARBOR, MI Triggering Receptors Expressed in types into pathologic cells. The CROW, JOE A ...... 05/20/2003 Myeloid Cells (TREM) Like Transcript ROCKY FORD, CO invention is predicated on the discovery (TLT–1), A Novel Inhibitory Receptor of of a new method of inhibiting the DIEDE, CLYDE A ...... 05/20/2003 Platelets and Uses Therefore WINNER, SD activity of a mutated, constitutively FLEMING, JAMES E JR ...... 05/20/2003 Daniel W. McVicar (NCI), A. Valence active form of the tyrosine kinase, KIT. E CLEVELAND, OH Washington (NCI), Laura Quigley The method involves the administration LESINSKI, MARY CATHERINE 04/14/2003 (NCI) of 17-AAG to a cell expressing the
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mutated KIT protein, whereby the a valuable source material for IL–15 and ultimately to the nucleus. A variety activity level of KIT in the cell is production, especially should IL–15 be of signal transduction processes are reduced. The invention may prove to be proven as an alternate of more critical for normal cellular homeostasis, useful for treating diseases such as efficacious cytokine than IL–2. with protein-tyrosine kinases (PTKs) mastocytosis, gastrointestinal stromal This research has been described, in playing central roles in many of these tumors (GIST), mast cell leukemia, part, in Proc. Natl. Acad. Sci USA 2003 pathways. Examples of such PTKs myelogenenous leukemia, and testicular Mar 18; 100(6):3392–3397. include the PDGF receptor, the FGF cancer, all of which are associated with receptor, the HGF receptor, members of DNA-Binding Polyamide Drug mutations in the c-KIT proto-oncogene. the EGF receptor family, such as the Conjugates Recombinant Vaccinia Viruses EGF receptor, erb-B2, erb-B3 and erb-B4, Expressing IL–15 and Methods of Using Zoltan Szekely, Humcha K. the src kinase family, Fak kinase and the the Same Hariprakasha, Marek W. Cholody, Jak kinase family. Protein-tyrosine Christopher J. Michejda (NCI) phosphorylation that results from the Liyanage Perera et al. (NCI) action of PTKs can modulate the activity DHHS Reference No. E–060–2002/2– of certain target enzymes as well as Serial No. 60/433,703 filed 16 Dec 2002 PCT–01 filed 27 Feb 2003 (PCT/US03/ facilitate the formation of specific multi- 06006) Licensing Contact: Jonathan Dixon; 301/ protein signaling complexes through the 435–5559; [email protected]. Licensing Contact: George Pipia; 301/ actions of homologous protein modules Vaccinia-based vaccines have a 435–5560; [email protected]. termed Src homology 2 (SH2) domains, proven record of being effective Many current anti-cancer drugs have which recognize specific vaccines in humans as well as in the DNA of cancer cells as their phosphotyrosyl containging sequences. animals. However, accumulating principal target. However, in most A malfunction in this system through evidence reveals the need for instances, the drugs are not selective tyrosine kinase overexpression and/or technology to improve the immune and are plagued by toxicities, which are deregulation can be manifested by responses such vaccines generate. frequently dose limiting. The present various oncogenic and The present invention discloses invention seeks to enhance anti-tumor hyperproliferative disorders, including recombinant vaccinia viruses capable of selectivity and decrease unspecific cancers, inflammation, autoimmune expressing interleukin 15 (IL–15), and toxicity. It has been known that various disease, hyperproliferative skin methods for modulating immune polyamides can target the minor groove disorders, psoriasis and allergy/asthma, responses using such viruses. This of DNA, and rules have been devised to etc. The disclosed compounds, e.g. invention shows that by inserting the ascertain the sequence-reading peptides, preferably, macrocyclic human IL–15 gene into the vaccinia properties of the component residues of peptides, are Grb2 SH2 domain genome, more effective vaccines can be the polyamide chain. The present signaling antagonists with enhanced generated against infectious agents and binding affinity. The claims of the cancer. Currently, IL–2 has been invention utilizes sequence-selective current application are directed to approved by the FDA for use in the polyamide technology together with compositions of matter and methods of treatment of patients with metastatic groups that modify DNA, either by use which provide for the diagnosis, renal cell carcinoma or with metastatic sequence-selective alkylation or strand testing and treatment of the melanoma. It has been used as a cleavage. The DNA-modifying moieties aforementioned disease states. component of cancer vaccines and in that are used for this purpose are novel various approaches for the treatment of derivatives based on the Dated: May 7, 2003. AIDS. However, administration of IL–2 cyclopropylbenzindole (CBI) core Steven M. Ferguson, is associated with activation-induced structure. These compounds alkylate the Acting Director, Division of Technology cell death (AICD), and may lead to death DNA only when bound into the minor Development and Transfer, Office of of T-cells that recognize the antigens groove, and they provide some DNA- Technology Transfer, National Institutes of expressed in the tumor cells. Thus, IL– sequence recognizing capability of their Health. 15 may be a superior agent in the own. The DNA-modifying agents are [FR Doc. 03–12102 Filed 5–14–03; 8:45 am] treatment of cancer, or as a component either embedded in the polyamide chain BILLING CODE 4140–01–P of a vaccine directed towards cancer or as components of the chain or are infectious agents. Co-delivery of IL–15 located at the termini. These with antigens during the immunization compounds are highly toxic to cancer DEPARTMENT OF HEALTH AND process, according to the current cells that over-express a targeted DNA HUMAN SERVICES invention, leads to induction of CD8+ sequence (e.g. the c-Myc oncogene memory T cells that proliferate more promoter sequence) and are much less National Institutes of Health effectively in vivo and persist much toxic to non-cancerous tissue. The compounds of the present invention National Cancer Institute; Notice of longer in the immunized individual in Closed Meeting addition to enhancing the levels and represent a novel method for targeting persistence of antigen specific DNA of cancer cells. Pursuant to section 10(d) of the antibodies thus providing substantially SH2 Domain Binding Inhibitors Federal Advisory Committee Act, as longer lasting cellular and humoral amended (5 U.S.C. Appendix 2), notice immunity. Terrence R. Burke, Jr., et al. (NCI) is hereby given of the following This invention has the potential to be DHHS Reference No. E–262–2000/1 meeting. used in a variety of ways, including: (i) filed 28 Jun 2002 The meeting will be closed to the An improved, more efficacious vaccine public in accordance with the candidate for smallpox, (ii) for Licensing Contact: George Pipia; 301/ provisions set forth in sections incorporation into existing vaccinia 435–5560; [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., based vaccines to enhance and confer Signal transduction processes as amended. The grant applications and superior long lasting immune response underlie the transfer of extracellular the discussions could disclose to viral and cancer antigens, or (iii) as information to the interior of the cell confidential trade secrets or commercial
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property such as patentable material, discussions could disclose confidential Open: June 10, 2003, 2 p.m. to 2:45 p.m. and personal information concerning trade secrets or commercial property Agenda: Bypass Budget Update. individuals associated with the grant such as patentable material, and Place: National Cancer Institute, 9000 applications, the disclosure of which personal information concerning Rockville Pike, Building 31, C Wing, 6th would constitute a clearly unwarranted individuals associated with the grant Floor, Conference Room 10, Bethesda, MD invasion of personal privacy. applications, the disclosure of which 20892. Contact Person: Ms. Cherie Nichols, Name of Committee: National Cancer would constitute a clearly unwarranted Executive Secretary, Subcommittee on Institute Special Emphasis Panel; Rebuilding invasion of personal privacy. Planning and Budget, National Cancer Immunity for Survival. Name of Committee: National Cancer Institute, National Institutes of Health, 9000 Date: May 22–23, 2003. Advisory Board. Time: 7 p.m. to 7 p.m. Dates: June 10, 2003. Rockville Pike, Building 31, Room 11A03, Agenda: To review and evaluate grant Open: June 10, 2003, 8:30 a.m. to 12 p.m. Bethesda, MD 20892, (301) 496–5515. applications. Agenda: Program reports and Name of Committee: National Cancer Place: Wyndham City Center, 1143 New presentations; Business of the Board. Advisory Board. Hampshire Avenue, NW, Washington, DC Place: National Cancer Institute, 9000 Open: June 10, 2003, 2:45 p.m. to 4:25 p.m. 20037. Rockville Pike, Building 31, C Wing, 6th Agenda: Program reports and Contact Person: William D. Merritt, PhD, Floor, Conference Room 10, Bethesda, MD presentations; Business of the Board. Scientific Review Administrator, Grants 20892. Place: National Cancer Institute, 9000 Review Branch, National Cancer Institute, Contact: Dr. Paulette S. Gray, Acting National Institutes of Health, 6116 Executive Executive Secretary, National Cancer Rockville Pike, Building 31, C Wing, 6th Boulevard, Room 8034, MSC 8328, Bethesda, Institute, National Institutes of Health, 6116 Floor, Conference Room 10, Bethesda, MD MD 20892–8328, 301–496–9767. Executive Boulevard, 8th Floor, Room 8141, 20892. This notice is being published less than 15 Bethesda, MD 20892, (301) 496–4218. Contact Person: Dr. Paulette S. Gray, days prior to the meeting due to the timing Name of Committee: National Cancer Acting Executive Secretary, National Cancer limitations imposed by the review and Advisory Board, Ad Hoc Subcommittee on Institute, National Institutes of Health, 6116 funding cycle. Confidentiality of Patient Data. Executive Boulevard, 8th Floor, room 8141, (Catalogue of Federal Domestic Assistance Open: June 10, 2003, 12 p.m. to 1 p.m. Bethesda, MD 20892, (301) 496–4218. Program Nos. 93.392, Cancer Construction; Agenda: To discuss activities related to the Name of Committee: National Cancer 93.393, Cancer Cause and Prevention Ad Hoc subcommittee on Confidentiality of Advisory Board, Research; 93.394, Cancer Detection and Patient Data. Diagnosis Research; 93.395, Cancer Place: National Cancer Institute, 9000 Closed: June 10, 2003, 4:25 p.m. to Treatment Research; 93.396, Cancer Biology Rockville Pike, Building 31, C Wing, 6th Adjournment. Research; 93.397, Cancer Centers Support; Floor, Conference Room 10, Bethesda, MD Agenda: Review of grant applications. 93.398, Cancer Research Manpower; 93.399, 20892. Contact Person: Dr. Paulette S. Gray, Cancer Control, National Institutes of Health, Contact Person: Ms. Mary McCabe, Acting Executive Secretary, National Cancer HHS) Executive Secretary, Ad Hoc Subcommittee Institute, National Institutes of Health, 6116 on Confidentiality of Patient Data, National Dated: May 5, 2003. Executive Boulevard, 8th Floor, Room 8141, Cancer Institute, National Institutes of Bethesda, MD 20892, (301) 496–4218. Anna P. Snouffer, Health, 9000 Rockville Pike, Building 31, Acting Director, Office of Federal Advisory Room 3A44, Bethesda, MD 20892, (301) 496– Any interested person may file Committee Policy. 6404. written comments with the committee [FR Doc. 03–11714 Filed 5–14–03; 8:45 am] Name of Committee: National Cancer by forwarding the statement to the BILLING CODE 4140–01–M Advisory Board, Subcommittee on Clinical Contact Person listed on this notice. The Investigations. statement should include the name, Open: June 10, 2003, 12 p.m. to 1 p.m. address, telephone number and when DEPARTMENT OF HEALTH AND Agenda: To discuss activities related to the Subcommittee on Clinical Investigations. applicable, the business or professional HUMAN SERVICES Place: National Cancer Institute, 9000 affiliation of the interested person. Rockville Pike, Building 31, C Wing, 6th National Institutes of Health In the interest of security, NIH has Floor, Conference Room 8, Bethesda, MD instituted stringent procedures for 20892. National Cancer Institute; Notice of Contact Person: Dr. Ellen Feigal, Executive entrance into the building by non- Meeting Secretary, Subcommittee on Clinical government employees. Persons without a government I.D. will need to show a Pursuant to section 10(d) of the Investigations, National Cancer Institute, National Institutes of Health, 9000 Rockville photo I.D. and sign-in at the security Federal Advisory Committee Act, as Pike, Building 31, Room 3A44, Bethesda, MD desk upon entering the building. amended (5 U.S.C. Appendix 2), notice 20892, (301) 496–4291. Information is also available on the is hereby given of the meeting of the Name of Committee: National Cancer National Cancer Advisory Board. Institute’s/Center’s home page: http:// Advisory Board. deainfo.nci.nih.gov/advisory/ncab.htm, The meeting will be open to the Open: June 10, 2003, 1 p.m. to 2 p.m. public as indicated below, with Agenda: Program reports and where an agenda and any additional attendance limited to space available. presentations; Business of the Board. information for the meeting will be Individuals who plan to attend and Place: National Cancer Institute, 9000 posted when available. Rockville Pike, Building 31, C Wing, 6th need special assistance, such as sign (Catalogue of Federal Domestic Assistance Floor, Conference Room 10, Bethesda, MD language interpretation or other Program Nos. 93.392, Cancer Construction; reasonable accommodations, should 20892. Contact: Dr. Paulette S. Gray, Acting 93.393, Cancer Cause and Prevention notify the Contact Person listed below Executive Secretary, National Cancer Research; 93.394, Cancer Detection and in advance of the meeting. Institute, National Institutes of Health, 6116 Diagnosis Research; 93.395, Cancer A portion of the meeting will be Executive Boulevard, 8th Floor, Room 8141, Treatment Research; 93.396. Cancer Biology closed to the public in accordance with Bethesda, MD 20892, (301) 496–4218. Research; 93.397, Cancer Centers Support, the provisions set forth in sections Name of Committee: National Cancer 93.398, Cancer Research Manpower; 93.399, 552b(c)(4), and 552b(6), as amended. Advisory Board, Subcommittee on Planning Cancer Control, National Institutes of Health, The grant applications and the and Budget. HHS)
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Dated: May 8, 2003. DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Anna P. Snouffer, HUMAN SERVICES is hereby given of the following Acting Director, Office of Federal Advisory meeting. Committee Policy. National Institutes of Health The meeting will be closed to the [FR Doc. 03–12074 Filed 5–14–03; 8:45 am] public in accordance with the National Cancer Institute; Notice of provisions set forth in sections BILLING CODE 4140–01–M Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the as amended. The grant applications and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as the discussions could disclose HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following property such as patentable material, National Institutes of Health meeting. and personal information concerning The meeting will be closed to the individuals associated with the grant National Cancer Institute; Notice of public in accordance with the applications, the disclosure of which Closed Meeting provisions set forth in sections would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Pursuant to section 10(d) of the as amended. The grant applications and Name of Committee: National Cancer Federal Advisory Committee Act, as the discussions could disclose Institute Special Emphasis Panel, Therapy of amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial CML. is hereby given of the following property such as patentable material, Date: June 16–18, 2003. meeting. and personal information concerning Time: 7 p.m. to 11 a.m. individuals associated with the grant Agenda: To review and evaluate grant The meeting will be closed to the applications. public in accordance with the applications, the disclosure of which Place: Hilton Houston Plaza, 6633 Travis provisions set forth in sections would constitute a clearly unwarranted Street, Houston, TX 77030. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Contact Person: Claudio A. Dansky as amended. The grant applications and Name of Committee: National Cancer Ullmann, MD, Scientific Review the discussions could disclose Institute Initial Review Group, Subcommittee Administrator, National Cancer Institute, confidential trade secrets or commercial F—Manpower & Training. Division of Extramural Activities, Grants property such as patentable material, Date: June 11–13, 2003. Review Branch, Research Programs Review Branch, 6116 Executive Blvd., Rm 8119, MSC and personal information concerning Time: 6:30 pm to 5 pm. Agenda: To review and evaluate grant 8328, Bethesda, MD 20892, 301–451–4761, individuals associated with the grant applications. [email protected]. applications, the disclosure of which Place: Holiday Inn Georgetown, 2101 would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance Wisconsin Avenue, NW., Washington, DC Program Nos. 93.392, Cancer Construction; invasion of personal privacy. 20007. 93.393, Cancer Cause and Prevention Contact Person: Lynn M. Amende, PhD, Research; 93.394, Cancer Detection and Name of Committee: National Cancer Scientific Review Administrator, Resources Institute Initial Review Group, Subcommittee Diagnosis Research; 93.395, Cancer and Training Review Branch, Division of Treatment Research; 93,396, Cancer Biology I—Career Development. Extramural Activities, National Cancer Research; 93.397, Cancer Centers Support; Date: June 11–13, 2003. Institute, National Institutes of Health, 6116 93.398, Cancer Research Manpower; 93.399, Time: 6:30 p.m. to 12 p.m. Executive Boulevard Room 8105, Bethesda, Cancer Control, National Institutes of Health, Agenda: To review and evaluate grant MD 20892, 301–451–4759, HHS) applications. [email protected]. Dated: May 8, 2003. Place: Holiday Inn Georgetown, 2101 (Catalogue of Federal Domestic Assistance Wisconsin Avenue, NW., Washington, DC Anna P. Snouffer, Program Nos. 93.392, Cancer Construction; 20007. Acting Director, Office of Federal Advisory 93.393, Cancer Cause and Prevention Committee Policy. Contact Person: Robert Bird, PhD, Research; 93.394, Cancer Detection and Scientific Review Administrator, Resources Diagnosis Research; 93.395, Cancer [FR Doc. 03–12093 Filed 5–14–03; 8:45 am] and Training Review Branch, National Treatment Research; 93.396, Cancer Biology BILLING CODE 4140–01–M Cancer Institute, National Institutes of Research; 93.397, Cancer Centers Support; Health, Room 8113, 6116 Executive Blvd, 93.398, Cancer Research Manpower; 93.399, MSC 8328, Bethesda, MD 20892–8328, 301– Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND 496–7978, [email protected]. HHS) HUMAN SERVICES Dated: May 8, 2003. (Catalogue of Federal Domestic Assistance Anna P. Snouffer, National Institutes of Health Program Nos. 93.392, Cancer Construction; Acting Director, Office of Federal Advisory 93.393, Cancer Cause and Prevention Committee Policy. National Center for Research Research; 93.394, Cancer Detection and Resources; Notice of Closed Meetings Diagnosis Research; 93.395, Cancer [FR Doc. 03–12076 Filed 5–14–03; 8:45 am] Treatment Research; 93.396, Cancer Biology BILLING CODE 4140–01–M Pursuant to section 10(d) of the Research; 93.397, Cancer Centers Support; Federal Advisory Committee Act, as 93.398, Cancer Research Manpower; 93.399, amended (5 U.S.C. appendix 2), notice Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND is hereby given of the following HHS). HUMAN SERVICES meetings. Dated: May 8, 2003. The meetings will be closed to the National Institutes of Health public in accordance with the Anna P. Snouffer, provisions set forth in sections Acting Director, Office of Federal Advisory National Cancer Institute; Notice of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. as amended. The grant applications and [FR Doc. 03–12075 Filed 5–14–03; 8:45 am] Pursuant to section 10(d) of the the discussions could disclose BILLING CODE 4140–01–M Federal Advisory Committee Act, as confidential trade secrets or commercial
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property such as patentable material, DEPARTMENT OF HEALTH AND Contact Person: Sheryl K. Brining, PhD., and pesonal information concerning HUMAN SERVICES Acting Director, Office of Review, National individuals associated with the grant Center for Research Resources, National applications, the disclosure of which National Institutes of Health Institutes of Health, 6701 Democracy would constitute a clearly unwarranted Boulevard, 1 Democracy Plaza, Room 1074, invasion of personal privacy. National Center for Research Bethesda, MD 20817, 301–435–0809, Resources; Notice of Meeting [email protected]. Name of Committee: National Center for Research Resources Special Emphasis Panel, Pursuant to section 10(d) of the Name of Committee: National Center for Research Infrastructure. Federal Advisory Committee Act, as Research Resources Initial Review Group Date: June 17–18, 2003. amended (5 U.S.C. Appendix 2), notice Comparative Medicine Review Committee. Time: June 17, 2003, 8 a.m. to is hereby given of the following Date: June 10–11, 2003. Adjournment. meeting. Open: June 10, 2003, 8 a.m. to 8:30 a.m. Agenda: To review and evaluate grant The meetings will be open to the Agenda: To discuss program planning and applications. public as indicated below, with other issues. Place: Bethesda Marriott Suites, 6711 Place: Hyatt Regency Bethesda, One attendance limited to space available. Bethesda Metro Center, Bethesda, MD 20814. Democracy Boulevard, Bethesda, MD 20817. Individuals who plan to attend and Contact Person: Bo Hong, PhD, Scientific Closed: June 10, 2003, 8:30 a.m. to need special assistance, such as sign Review Administrator, National Institutes of Adjournment. language interpretation or other Health, National Center for Research Agenda: To review and evaluate grant Resources, Office of Review, 6701 Democracy reasonable accommodations, should applications. Boulevard, 1 Democracy Plaza, Room 1078, notify the Contact Person listed below Place: Bethesda Marriott Suites, 6711 Bethesda, MD 20817, (301) 435–0813, in advance of the meeting. Democracy Boulevard, Bethesda, MD 20817. [email protected]. The meeting will be closed to the Contact Person: Guo Zhang, MPH, MD, Name of Committee: National Center for public in accordance with the PhD, Scientific Review Administrator, Office Research Resources Special Emphasis Panel, provisions set forth in sections of Review, National Center for Research Research Infrastructure. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Resources, National Institutes of Health, One Date: June 30–July 1, 2003. as amended. The grant applications and Democracy Plaza, 6701 Democracy Blvd., Time: June 30, 2003, 8 a.m. to the discussions could disclose Room WS–1064, 10th Floor, Bethesda, MD Adjournment. confidential trade secrets or commercial 20814–9692, (301) 435–0812, Agenda: To review and evaluate grant property such as patentable material, [email protected]. applications. and personal information concerning Place: Residence Inn Bethesda, 7335 Name of Committee: National Center for individuals associated with the grant Research Resources Initial Review Group, Wisconsin Avenue, Bethesda, MD 20814. applications, the disclosure of which Contact Person: Marc Rigas, PhD, Scientific Research Centers In Minority Institutions would constitute a clearly unwarranted Review Committee. Review Administrator, National Institutes of invasion of personal privacy. Health, National Center for Research Date: July 7–8, 2003. Resources, Office of Review, 6701 Democracy Name of Committee: Scientific and Open: July 7, 2003, 8 a.m. to 9 a.m. Boulevard, 1 Democracy Plaza, Room 1080, Technical Review Board on Biomedical and Agenda: Grant applications. Bethesda, MD 20817–4814, 301 435–0806, Behavorial Research Facilities. Place: Gaithersburg Marriott [email protected]. Date: May 27–29, 2003. Washingtonian Center, 9751 Washingtonian Open: May 27, 2003, 8 a.m. to 9 a.m. Name of Committee: National Center for Boulevard, Gaithersburg, MD 20878. Agenda: To discuss program planning and Closed: July 7, 2003, 9 a.m. to Research Resources Special Emphasis Panel, other issues. Adjournment. Science Education Partnership Award Place: Residence Inn Bethesda, 7335 Special Emphasis Panel. Wisconsin Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Date: July 15–16, 2003. Closed: May 27, 2003, 9 a.m. to applications. Time: July 15, 2003, 8 a.m. to Adjournment. Place: Gaithersburg Marriott Adjournment. Agenda: To review and evaluate grant Washingtonian Center, 9751 Washingtonian Agenda: To review and evaluate grant applications. Boulevard, Gaithersburg, MD 20878. applications. Place: Residence Inn Bethesda, 7335 Contact Person: Eric H. Brown, PhD, Place: Bethesda Marriott Suites, 6711 Wisconsin Avenue, Bethesda, MD 20814. Scientific Review Administrator, Office of Democracy Boulevard, Bethesda, MD 20817. Contact Person: D.G. Patel, PhD, Scientific Review, National Center for Research Contact Person: John L. Meyer, PhD, Review Administrator, National Institutes of Resources, National Institutes of Health, 6701 Scientific Review Administrator, Office of Health, National Center for Research Democracy Boulevard, 1 Democracy Plaza, Resources, Office of Review, 6701 Review, National Center For Research Room 1068, Bethesda, MD 20817, (301) 435– Democracy, Room 1070, MSC–4874, Resources, National Institutes of Health, 6701 0815, [email protected]. Democracy Boulevard, 1 Democracy Plaza, Bethesda, MD 20892, 301–435–0824, Bethesda, MD 20817, 301–435–0807, [email protected] (Catalogue of Federal Domestic Assistance [email protected]. Name of Committee: National Center for Program Nos. 93.306, Comparative Medicine; Research Resources Initial Review Group/ 93.333, Clinical Research; 93.371, Biomedical (Catalogue of Federal Domestic Assistance Clinical Research Review Committee. Technology; 93.389, Research Infrastructure, Program Nos. 93.306, Comparative Medicine; Date: June 4–5, 2003. 93.333, Clinical Research; 93.371, Biomedical 93.306, 93.333, National Institutes of Health, Open: June 4, 2003, 8 a.m. to 9 a.m. HHS) Technology; 93.389, Research Infrastructure, Agenda: To discuss program planning and 93.306, 93.333, National Institutes of Health, other issues. Dated: May 8, 2003. HHS) Place: Holiday Inn Bethesda, 8120 Anna P. Snouffer, Dated: May 8, 2003. Wisconsin Avenue, Bethesda, MD 20814. Deputy Director, Office of Federal Advisory Anna P. Snouffer, Closed: June 4, 2003, 9 a.m. to Committee Policy. Adjournment. Deputy Director, Office of Federal Advisory Agenda: To review and evaluate grant [FR Doc. 03–12087 Filed 5–14–03; 8:45 am] Committee Policy. applications. BILLING CODE 4140–01–M [FR Doc. 03–12082 Filed 5–14–03; 8:45 am] Place: Holiday Inn Bethesda, 8120 BILLING CODE 4140–01–M Wisconsin Avenue, Bethesda, MD 20814.
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DEPARTMENT OF HEALTH AND Name of Committee: National Center for Agenda: The agenda includes Opening HUMAN SERVICES Complementary and Alternative Medicine Remarks by Director, NCCAM, Overview of Special Emphasis Panel; Training/Education Activities at the Food and Drug National Institutes of Health Application Review. Administration, report on the Working Group Date: June 25, 2003. on Cancer, Focus Groups on Cancer and National Center for Complementary Time: 8 a.m. to 5 p.m. other business in the Council. and Alternative Medicine; Notice of Agenda: To review and evaluate grant Place: Neurosicence Conference Center, applications. 6001 Executive Boulevard, Conference Closed Meetings Place: Bethesda Marriott Suites, 6711 Rooms C and D, Rockville, MD 20852. Pursuant to section 10(d) of the Democracy Boulevard, Bethesda, MD 20817. Contact Person: Jane F. Kinsel, Ph.D., Federal Advisory Committee Act, as Contact Person: Carol Pontzer, PhD, M.B.A., Executive Secretary, National Center Scientific Review Administrator, National for Complementary and Alternative amended (5 U.S.C. Appendix 2), notice Center for Complementary and Alternative Medicine, National Institutes of Health, 6707 is hereby given of the following Medicine, 6707 Democracy Blvd., Bethesda, Democracy Blvd., Suite 401, Bethesda, MD meetings. MD 20892. 20892, (301) 496–6701. The meetings will be closed to the The public comments session is scheduled Dated: May 7, 2003. public in accordance with the from 4:45–5:15 p.m. Each speaker will be provisions set forth in sections Ann P. Snouffer, permitted 5 minutes for their presentation. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Deputy Director, Office of Federal Advisory Interested individuals and representatives of as amended. The grant applications and Committee Policy. organizations are requested to notify Dr. Jane the discussions could disclose [FR Doc. 03–12097 Filed 5–14–03; 8:45 am] Kinsel, National Center for Complementary BILLING CODE 4140–01–M and Alternative Medicine, NIH, 6707 confidential trade secrets or commercial Democracy Boulevard, Suite 401, Bethesda, property such as patentable material, Maryland, 20892, (301) 496–6701, Fax: (301) and personal information concerning 480–0087. Letters of intent to present DEPARTMENT OF HEALTH AND individuals associated with the grant comments, along with a brief description of applications, the disclosure of which HUMAN SERVICES the organization represented, should be received no later than 5 p.m. on May 23, would constitute a clearly unwarranted National Institutes of Health invasion of personal privacy. 2003. Only one representative of an organization may present oral comments. Name of Committee: National Center for National Center for Complementary Any person attending the meeting who does Complementary and Alternative Medicine and Alternative Medicine; Notice of not request an opportunity to speak in Special Emphasis Panel; Clinical Science. Meeting advance of the meeting may be considered Date: June 5–6, 2003. for oral presentation, if time permits, and at Time: 8 a.m. to 5 p.m. Pursuant to section 10(d) of the the discretion of the Chairperson. In Agenda: To review and evaluate grant Federal Advisory Committee Act, as addition, written comments may be applications. amended (5 U.S.C. Appendix 2), notice submitted to Dr. Jane Kinsel at the address Place: Bethesda Marriott Suites, 6711 is hereby given of the National Advisory listed above up to ten calendar days (June 12, Democracy Boulevard, Bethesda, MD 20817. Council for Complementary and 2003) following the meeting. Contact Person: William A. Kachadorian, Alternative Medicine (NACCAM) Copies of the meeting agenda and the PhD, MTS, Scientific Review Administrator, roster of members will be furnished upon Office of Scientific Review, National Center meeting. The meeting will be open to the request by contacting Dr. Jane Kinsel, for Complementary and Alternative Executive Secretary, NACCAM, National Medicine, 6707 Democracy Blvd., Ste. 106, public as indicated below, with Institutes of Health, 6707 Democracy Bethesda, MD 20892–5475, (301) 594–2014, attendance limited to space available. Boulevard, Suite 401, Bethesda, Maryland [email protected]. Individuals who plan to attend and 20892, (301) 496–6701, Fax (301) 480–0087, Name of Committee: National Center for need special assistance, such as sign or via e-mail at [email protected]. Complementary and Alternative Medicine language interpretation or other Dated: May 7, 2003. Special Emphasis Panel; Oncology reasonable accommodations, should Anna P. Snouffer, Application Review. notify the Contact Person listed below Date: June 9–10, 2003. Deputy Director, Office of Federal Advisory in advance of the meeting. Committee Policy, NIH. Time: 8 a.m. to 5 p.m. A portion of the meeting will be Agenda: To review and evaluate grant closed to the public in accordance with [FR Doc. 03–12098 Filed 5–14–03; 8:45 am] applications. BILLING CODE 4140–01–M Place: Bethesda Marriott, 5151 Pooks Hills the provisions set forth in sections Road, Bethesda, MD 20814. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications Contact Person: Carol Pontzer, PhD, DEPARTMENT OF HEALTH AND and/or contract proposals and the Scientific Review Administrator, National HUMAN SERVICES Center for Complementary and Alternative discussion could disclose confidential Medicine, 6707 Democracy Blvd., Bethesda, trade secrets or commercial property National Institutes of Health MD 20892. such as patentable material, and Name of Committee: National Center for personal information concerning National Center for Research Complementary and Alternative Medicine individuals associated with the grant Resources; Notice of Closed Meetings Special Emphasis Panel; Basic Science applications and/or contract proposals, Application Review. the disclosure of which would Pursuant to section 10(d) of the Date: June 12–13, 2003. Federal AdvisorY Committee Act, as Time: 7 p.m. to 5 p.m. constitute a clearly unwarranted invasion of personal privacy. amended (5 U.S.C. Appendix 2), notice Agenda: To review and evaluate grant is hereby given of the following applications. Name of Committee: National Advisory meetings. Place: Bethesda Marriott Suites, 6711 Council for Complementary and Alternative The meetings will be closed to the Democracy Boulevard, Bethesda, MD 20817. Medicine. public in accordance with the Contact Person: Dale Birkle, PhD, Date: June 2, 2003. Scientific Review Administrator, NIH/ Closed: 8:30 a.m. to 12 p.m. provisions set forth in sections NCCAM, 6707 Democracy Blvd, Democracy Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Two Building, Suite 401, Bethesda, MD applications and/or proposals. as amended. The grant applications and 20892, (301) 451–6570, [email protected]. Open: 1 p.m. to adjournment. the discussions could disclose
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confidential trade secrets or commerical Time: 10:30 a.m. to adjournment. limitations imposed by the review and property such as patentable material, Agenda: To review and evaluate grant funding cycle. applications. and personal information concerning (Catalogue of Federal Domestic Assistance individuals associated with the grant Place: Holiday Inn Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 20814. Program Nos. 93.233, National Center for applications, the disclosure of which Contact Person: Mohan Viswanathan, PhD, Sleep Disorders Research; 93.837, Heart and would constitute a clearly unwarranted Scientific Review Administrator, National Vascular Diseases Research; 93.838, Lung invasion of personal privacy. Center for Research Resources, National Diseases Research; 93.839, Blood Diseases Name of Committee: National Center for Institutes of Health, Office of Review, 6701 and Resources Research, National Institutes Research Resources Special Emphasis Panel; Democracy Boulevard, 1 Democracy Plaza, of Health, HHS) Scientific and Technical Review Board on Room 1084, Bethesda, MD 20892, 301–435– Dated: May 7, 2003. 0829, [email protected]. Biomedical and Behavioral Research Anna P. Snouffer, Facilities. (Catalogue of Federal Domestic Assistance Date: May 14, 2003. Acting Director, Office of Federal Advisory Program Nos. 93.306, Comparative Medicine; Time: 2 p.m. to adjournment. Committee Policy. 93.333, Clinical Research; 93.371, Biomedical Agenda: To review and evaluate grant [FR Doc. 03–12079 Filed 5–14–03; 8:45 am] Technology; 93.389, Research Infrastructure, applications. BILLING CODE 4140–01–M Place: One Democracy Boulevard, 6701 93.306, 93.333, National Institutes of Health, Democracy Boulevard, Bethesda, MD 20817, HHS) Dated: May 7, 2003. (Telephone Conference Call). DEPARTMENT OF HEALTH AND Contact Person: D.G. Patel, PhD, Scientific Anna P. Snouffer, HUMAN SERVICES Review Administator, National Institutes of Deputy Director, Office of Federal Advisory Health, National Center For Research Committee Policy. National Institutes of Health Resources, Office of Review, 6701 Democracy [FR Doc. 03–12099 Filed 5–14–03; 8:45 am] Boulevard, 1 Democracy Plaza, Room 1070, Bethesda, MD 20892, 301–435–0824, BILLING CODE 4140–01–M National Heart, Lung, and Blood [email protected]. Institute; Notice of Closed Meeting This notice is being publlished less than 15 days prior to the meeting due to the timing DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the limitations imposed by the review and HUMAN SERVICES Federal Advisory Committee Act, as funding cycle. amended (5 U.S.C. Appendix 2), notice Name of Committee: National Center for National Institutes of Health is hereby given of the following Research Resources Special Emphasis Panel, meeting. Research Infrastructure. National Heart, Lung, and Blood Date: May 22–23, 2003. Institute; Notice of Closed Meeting The meeting will be closed to the Time: May 22, 2003, 8 a.m. to public in accordance with the adjournment. Pursuant to section 10(d) of the provisions set forth in sections Agenda: To review and evaluate grant Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and Place: Hyatt Regency Bethesda, One is hereby given of the following the discussions could disclose Bethesda Metro Center, 7400 Wisconsin meeting. confidential trade secrets or commercial Avenue, Bethesda, MD 20814. The meeting will be closed to the property such as patentable material, Contact Person: Guo Zhang, PhD, MPH, and personal information concerning Scientific Review Administrator, Office of public in accordance with the Review, National Center for Research provisions set forth in sections individuals associated with the grant Resources, National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which Democracy Boulevard, 1 Democracy Plaza, as amended. The grant applications and would constitute a clearly unwarranted Room 1064, Bethesda, MD 20814–9692, 301– the discussions could disclose invasion of personal privacy. 435–0812, [email protected]. confidential trade secrets or commercial Name of Committee: National Heart, Lung, This notice is being published less than 15 property such as patentable material, and Blood Institute Special Emphasis Panel, days prior to the meeting due to the timing limitations imposed by the review and and personal information concerning Non Human Primate Models of HIV- funding cycle. individuals associated with the grant Associated Pulmonary, Cardiovascular and, Hematological Disorders. Name of Committee: National Center for applications, the disclosure of which Date: July 10, 2003. Research Resources Special Emphasis Panel; would constitute a clearly unwarranted Research Infrastructure. invasion of personal privacy. Time: 8 a.m. to 2 p.m. Date: May 28–29, 2003. Agenda: To review and evaluate grant Name of Committee: National Heart, Lung, applications. Time: May 28, 2003, 8 a.m. to and Blood Institute Special Emphasis Panel, Place: Bethesda Marriott, 5151 Pooks Hill adjournment. Minority K–12 Mentored Clinical Scientist Road, Bethesda, MD 20814. Agenda: To review and evaluate grant Development Program Award. applications. Date: May 21, 2003. Contact Person: Zoe Huang, MD, Health Place: Hyatt Regency Bethesda, One Time: 8 a.m. to 4 p.m. Scientist Administrator, Review Branch, Bethesda Metro Center, 7400 Wisconsin Agenda: To review and evaluate grant Room 7190, Division of Extramural Affairs, Avenue, Bethesda, MD 20814. applications. National Heart, Lung, and Blood Institute, Contact Person: Carol Lambert, PhD, Place: Bethesda Marriott Suites, 6711 National Institutes of Health, 6701 Rockledge Scientific Review Administrator, Office of Democracy Boulevard, Bethesda, MD 20817. Drive, MSC 7924, Bethesda, MD 20892–7924, Review, National Center for Research Contact Person: Chitra Krishnamurti PhD, 301–435–0314. Resources, National Institutes of Health, 6701 Scientific Review Administrator, Review Democracy Boulevard, 1 Democracy Plaza, Branch, Room 7206, Division of Extramural (Catalogue of Federal Domestic Assistance Room 1076, Bethesda, MD 20892–4874, 301– Affairs, National Heart, Lung, and Blood Program Nos. 93.233, National Center for 435–0814, [email protected]. Institute, National Institutes of Health, 6701 Sleep Disorders Research; 93.837, Heart and Name of Committee: National Center for Rockledge Drive, MSC 7924, Bethesda, MD Vascular Diseases Research; 93.838, Lung Research Resources Special Emphasis Panel; 20892. Diseases Research; 93.839, Blood Diseases Clinical Research This notice is being published less than 15 and Resources Research, National Institutes Date: June 5, 2003. days prior to the meeting due to the timing of Health, HHS)
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Dated: May 8, 2003. DEPARTMENT OF HEALTH AND The meeting will be closed to the Anna P. Snouffer, HUMAN SERVICES public as indicated below in accordance Acting Director, Office of Federal Advisory with the provisions set forth in section Committee Policy. National Institutes of Health 552b(c)(6), Title 5 U.S.C., as amended [FR Doc. 03–12090 Filed 5–14–03; 8:45 am] for the review, discussion, and National Heart, Lung, and Blood evaluation of individual intramural BILLING CODE 4140–01–M Institute; Notice of Closed Meeting programs and projects conducted by the Pursuant to section 10(d) of the National Institute of Allergy and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Infectious Diseases, including HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice consideration of personnel is hereby given of the following qualifications and performance, and the National Institutes of Health meeting. competence of individual investigators, The meeting will be closed to the the disclosure of which would National Heart, Lung, and Blood public in accordance with the constitute a clearly unwarranted Institute; Notice of Closed Meeting provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Board of Scientific Pursuant to section 10(d) of the as amended. The grant applications and Counselors, NIAID. Federal Advisory Committee Act, as the discussions could disclose Date: June 9–10, 2003. amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Time: June 9, 2003, 8 AM to 7 PM. is hereby given of the following property such as patentable material, Agenda: To review and evaluate personal qualifications and performance, and meeting. and personal information concerning individuals associated with the grant competence of individual investigators. The meeting will be closed to the applications, the disclosure of which Place: National Institutes of Health, public in accordance with the would constitute a clearly unwarranted Building 10, 10 Center Drive, Wolff Memorial provisions set forth in sections invasion of personal privacy. Conference Room, Bethesda, MD 20892. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: June 10, 2003, 8 AM to 12:30 PM. Name of Committee: National Heart, Lung, Agenda: To review and evaluate personal as amended. The grant applications and and Blood Institute Special Emphasis Panel, qualifications and performance, and the discussions could disclose Summer Institute for Training in Biostatistics competence of individual investigators. confidential trade secrets or commercial (SIBS) (Review of T–15s). Date: June 3, 2003. Place: National Institutes of Health, property such as patentable material, Building 10, 10 Center Drive, Wolff Memorial and personal information concerning Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Conference Room, Bethesda, MD 20892. individuals associated with the grant applications. Contact Person: Thomas J. Kindt, PhD, applications, the disclosure of which Place: Bethesda Marriott Suites, 6711 Director, Division of Intramural Research, would constitute a clearly unwarranted Democracy Boulevard, Bethesda, MD 20817. National Institute of Allergy and Infectious invasion of personal privacy. Contact Person: Chitra Krishnamurti, PhD, Diseases, Building 10, Room 4A31, Bethesda, Scientific Review Administrator, Review MD 20892, 301 496–3006, [email protected]. Name of Committee: National Heart, Lung, Branch, Room 7206, Division of Extramural and Blood Institute Special Emphasis Panel, Affairs, National Heart Lung, and Blood In the interest of security, NIH has Viability and Remodeling. Institute, National Institutes of Health, 6701 instituted stringent procedures for Date: June 9, 2003. Rockledge Drive, MSC 7924, Bethesda, MD entrance into the building by non- Time: 10 a.m. to 12 p.m. 20892. government employees. Persons without Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance a government I.D. will need to show a applications. Program Nos. 93.233, National Center for photo I.D. and sign-in at the security Place: Hilton Crystal City, 2399 Jefferson Sleep Disorders Research; 93.837, Heart and desk upon entering the building. Davis Hwy, Arlington, VA 22202. Vascular Diseases Research; 93.838, Lung (Catalogue of Federal Domestic Assistance Contact Person: Anne P. Clark, PhD, Chief, Diseases Research; 93.839, Blood Diseases Program Nos. 93.855, Allergy, Immunology, Review Branch, Review Branch, Division of and Resources Research, National Institutes of Health, HHS) and Transplantation Research; 93.856, Extramural Affairs, National Heart, Lung, and Microbiology and Infectious Diseases Blood Institute, NIH, Rockledge II, Room Dated: May 7, 2003. Research, National Institutes of Health, HHS) 7214, 6701 Rockledge Drive, Bethesda, MD Anna P. Snouffer, Dated: May 8, 2003. 20892, (301) 435–0270. Acting Director, Office of Federal Advisory Anna P. Snouffer, Committee Policy. (Catalogue of Federal Domestic Assistance Deputy Director, Office of Federal Advisory Program Nos. 93.233, National Center for [FR Doc. 03–12095 Filed 5–14–03; 8:45 am] Committee Policy. Sleep Disorders Research; 93.837, Heart and BILLING CODE 4140–01–M [FR Doc. 03–12073 Filed 5–14–03; 8:45 am] Vascular Diseases Research; 93.838, Lung BILLING CODE 4140–01–M Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes DEPARTMENT OF HEALTH AND HUMAN SERVICES of Health, HHS) DEPARTMENT OF HEALTH AND Dated: May 7, 2003. National Institutes of Health HUMAN SERVICES Anna P. Snouffer, National Institutes of Health Acting Director, Office of Federal Advisory National Institute of Allergy and Committee Policy. Infectious Diseases; Notice of Closed Meeting National Institute on Deafness and [FR Doc. 03–12092 Filed 5–14–03; 8:45 am] Other Communication Disorders; BILLING CODE 4140–01–M Pursuant to section 10(d) of the Notice of Closed Meetings Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice Pursuant to section 10(d) of the is hereby given of a meeting of the Federal Advisory Committee Act, as Board of Scientific Counselors, NIAID. amended (5 U.S.C. Appendix 2), notice
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is hereby given of the following DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND meetings. HUMAN SERVICES HUMAN SERVICES The meetings will be closed to the National Institutes of Health National Institutes of Health public in accordance with the provisions set forth in sections National Institute on Deafness and National Institute of Allergy and 552b(c)(4), and 552b(c)(6), Title 5 Other Communication Disorders; Infectious Diseases; Notice of Closed U.S.C., as amended. The grant Notice of Closed Meetings Meetings applications and the discussions could disclose confidential trade secrets or Pursuant to section 10(d) of the Pursuant to section 10(d) of the commercial property such as patentable Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice material, and personal information is hereby given of the following is hereby given of the following concerning individuals associated with meetings. meetings. the grant applications, the disclosure of The meetings will be closed to the The meetings will be closed to the which would constitute a clearly public in accordance with the public in accordance with the unwarranted invasion of personal provisions set forth in sections provisions set forth in sections privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Communication as amended. The grant applications and as amended. The grant applications and Disorders Review Committee. the discussions could disclose the discussions could disclose Date: June 11–12, 2003. confidential trade secrets or commercial confidential trade secrets or commercial Time: June 11, 2003, 8 a.m. to 5 p.m. property such as patentable material, property such as patentable material, Agenda: To review and evaluate grant and personal information concerning and personal information concerning applications. individuals associated with the grant individuals associated with the grant Place: Wyndham Washington, DC, 1400 M applications, the disclosure of which applications, the disclosure of which Street, NW., Washington, DC 20005. would constitute a clearly unwarranted would constitute a clearly unwarranted Time: June 12, 2003, 8 a.m. to 4 p.m. invasion of personal privacy. invasion of personal privacy. Agenda: To review and evaluate grant Name of Committee: National Institute on Name of Committee: National Institute of applications. Deafness and Other Communications Allergy and Infectious Diseases Special Place: Wyndham Washington, DC, 1400 M Disorders Special Emphasis Panel; NIDCD Emphasis Panel, Comprehensive Street, NW., Washington, DC 20005. Training Grants. International Program of Research on AIDS Contact Person: Melissa J. Stick, PhD., Date: June 18, 2003. (CIPRA)—Uganda/Kenya. MPH, Scientific Review Administrator, Time: 1 p.m. to 3 p.m. Date: May 30, 2003. Scientific Review Branch, Division of Agenda: To review and evaluate grant Time: 12 p.m. to 4 p.m. Extramural Research, NIDCD/NIH, 6120 applications. Agenda: To review and evaluate grant Executive Blvd., Bethesda, MD 20892, 301– Place: National Institutes of Health, 6120 applications. Executive Blvd., Rockville, MD 20852, Place: National Institutes of Health, 496–8683. (Telephone Conference Call). Rockledge 6700, 6700B Rockledge Drive, Name of Committee: Communication Contact Person: Ali A. Azadegan, DVM, Bethesda, MD 20817, (Telephone Conference Disorders Review Committee, Loan PhD, Scientific Review Administrator, Call). Repayment Review. Scientific Review Branch, Division of Contact Person: Eleazar Cohen, PhD, Date: June 12, 2003. Extramural Research, NIDCD, NIH, EPS– Scientific Review Administrator, Scientific Time: 4 p.m. to 5 p.m. 400C, 6120 Executive Blvd. MSC 7180, Review Program, National Institute of Allergy Agenda: To review and evaluate grant Bethesda, MD 20892–7180, (301) 496–8683, and Infectious Diseases, DEEA/NIH/DHHS, [email protected]. applications. 6700 B Rockledge Drive, MSC 7616, Room 3112, Bethesda, MD 20892–7616, 301–435– Place: Wyndham Washington, DC, 1400 M Name of Committee: National Institute on Deafness and Other Communications 3564, [email protected]. Street, NW., Washington, DC 20005. Disorders Special Emphasis Panel; ‘‘Stem cell Name of Committee: National Institute of Contact Person: Melissa J. Stick, PhD., potential of olfactory epithelium’’. Allergy and Infectious Disease Special MPH, Scientific Review Administrator, Date: June 26, 2003. Emphasis Panel, Comprehensive Scientific Review Branch, Division of Time: 2 p.m. to 4:30 p.m. International Program of Research on AIDS Extramural Research, NIDCD/NIH, 6120 Agenda: To review and evaluate grant (CIPRA)—Thailand. Executive Blvd., Bethesda, MD 20892, 301– applications. Date: June 4, 2003. 496–8683. Place: National Institutes of Health, 6120 Time: 10 a.m. to 12:30 p.m. Executive Blvd., Rockville, MD 20852, (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant (Telephone Conference Call). applications. Program Nos. 93.173, Biological Research Contact Person: Sheo Singh, PhD, Place: National Institutes of Health, Related to Deafness and Communicative Scientific Review Administrator, Scientific Rockledge 6700, 6700B Rockledge Drive, Disorders, National Institutes of Health, HHS) Review Branch, Division of Extramural Bethesda, MD 20817, (Telephone Conference Dated: May 7, 2003. Research, Executive Plaza South, Room 400C, Call). 6120 Executive Blvd, Bethesda, MD 301– Anna P. Snouffer, Contact Person: Eleazar Cohen, PhD, 496–8683. Scientific Review Administrator, Scientific Acting Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Review Program, National Institute of Allergy Committee Policy. Program Nos. 93.173, Biological Research and Infectious Diseases, DEA/NIH/DHHS, [FR Doc. 03–12077 Filed 5–14–03; 8:45 am] Related to Deafness and Communicative 6700 B Rockledge Drive, MSC 7616, Room BILLING CODE 4140–01–M Disorders, National Institutes of Health, HHS) 3112, Bethesda, MD 20892–7616, 301–435– Dated: May 7, 2003. 3564, [email protected]. Anna P. Snouffer, Name of Committee: National Institute of Allergy and Infectious Diseases Special Acting Director, Office of Federal Advisory Emphasis Panel, Partnerships: Hepatitis B Committee Policy. and Vector Borne Diseases Control (Part B: [FR Doc. 03–12078 Filed 5–14–03; 8:45 am] Tick-borne Diseases Transmission). BILLING CODE 4140–01–M Date: June 13, 2003.
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Time: 2 p.m. to 5 p.m. DEPARTMENT OF HEALTH AND Activities, NIAID, NIH, DHHS, Room 3124, Agenda: To review and evaluate grant HUMAN SERVICES 6700–B Rockledge Drive, MSC, 7616, applications. Bethesda, MD 20892–7616, 301–496–8424, Place: National Institutes of Health, National Institutes of Health [email protected]. Rockledge 6700, 6700B Rockledge Drive, Name of Committee: National Institute of Bethesda, MD 20817, (Telephone Conference National Institute of Allergy and Allergy and Infectious Diseases Special Call). Infectious Diseases; Notice of Closed Emphasis Panel, Biodefense and Emerging Contact Person: Gary S. Madonna, PhD, Meetings Infectious Diseases Research Program Projects. Scientific Review Administrator, Scientific Pursuant to section 10(d) of the Date: June 25, 2003. Review Program, Division of Extramural Federal Advisory Committee Act, as Time: 10 a.m. to 1 p.m. Activities NIAID, NIH, DHHS, 6700–B amended (5 U.S.C. appendix 2), notice Agenda: To review and evaluate grant Rockledge Drive, MSC 7616, Room 2149, is hereby given of the following applications and/or proposals. Bethesda, MD 20892–7616, 301–496–3528, meetings. Place: National Institutes of Health, [email protected]. The meetings will be closed to the Rockledge 6700, 6700–B Rockledge Drive, Name of Committee: National Institute of Room 1202, Bethesda, MD 20817 (Telephone public in accordance with the Conference Call). Allergy and Infectious Diseases Special provisions set forth in sections Emphasis Panel, Partnerships: Hepatitis B Contact Person: Paula S. Strickland, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Administrator, Scientific and Vector Borne Diseases Control (Part C: as amended. The grant applications and Review Program, DHHS/NIH/NIAID/DEA/ Arthropod Vector Control). the discussions could disclose OD, Room 2139, 6700–B Rockledge Drive, Date: June 17, 2003. confidential trade secrets or commercial MSC, 7616, Bethesda, MD 20892–7616, 301– Time: 11 a.m. to 2 p.m. property such as patentable material, 435–8563, [email protected]. Agenda: To review and evaluate grant and personal information concerning (Catalogue of Federal Domestic Assistance applications. individuals associated with the grant Program Nos. 93.855, Allergy, Immunology, Place: National Institutes of Health, applications, the disclosure of which and Transplantation Research; 93.856, Rockledge 6700, 6700–B Rockledge Drive, would constitute a clearly unwarranted Microbiology and Infectious Diseases Bethesda, MD 20817, (Telephone Conference invasion of personal privacy. Research, National Institutes of Health, HHS) Call). Dated: May 8, 2003. Contact Person: Gary S. Madonna, PhD, Name of Committee: National Institute of Anna P. Snouffer, Scientific Review Administrator, Scientific Allergy and Infectious Diseases Special Deputy Director, Office of Federal Advisory Review Program, Division of Extramural Emphasis Panel, National Biocontainment Laboratories. Committee Policy. Activities NIAID, NIH, DHHS, 6700–B Date: June 2–3, 2003. Rockledge Drive, MSC 7616, Room 2149, [FR Doc. 03–12081 Filed 5–14–03; 8:45 am] Time: 8 a.m. to 5 p.m. BILLING CODE 4140–01–M Bethesda, MD 20892–7616, 301–496–3528, Agenda: To review and evaluate grant [email protected]. applications. Name of Committee: National Institute of Place: Holiday Inn Georgetown, 2101 DEPARTMENT OF HEALTH AND Wisconsin Avenue, NW., Washington, DC Allergy and Infectious Diseases Special HUMAN SERVICES Emphasis Panel, Partnerships: Hepatitis B 20007. and Vector Borne Diseases Control (Part A: Contact Person: Peter R. Jackson, PhD, Scientific Review Administrator, Scientific National Institutes of Health Hepatitis B Therapies). Review Program, Division of Extramural Date: June 18, 2003. Activities, NIAID, NIH, Room 2217, 6700–B National Institute of Diabetes and Time: 2 a.m. to 5 p.m. Rockledge Drive, MSC, 7616, Bethesda, MD Digestive and Kidney Diseases; Notice Agenda: To review and evaluate grant 20892–7616, 301–496–2550. of Closed Meeting applicants. Name of Committee: National Institute of Place: National Institutes of Health Allergy and Infectious Diseases Special Pursuant to section 10(d) of the Rockledge 6700, 6700–B Rockledge Drive, Emphasis Panel, 3 Unsolicited PO1s. Federal Advisory Committee Act, as Bethesda, MD 20817, (Telephone Conference Date: June 2, 2003. amended (5 U.S.C. appendix 2), notice Call). Time: 8 a.m. to 5 p.m. is hereby given of the following Contact Person: Gary S. Madonna, PhD., Agenda: To review and evaluate grant meeting. Scientific Review Administrator, Scientific applications. The meeting will be closed to the Review Program, Division of Extramural Place: Holiday Inn Chevy Chase, 5520 Wisconsin Avenue, Chevy Chase, MD 20815. public in accordance with the Activities, NIAID, NIH, DHHS, 6700–B provisions set forth in sections Rockledge Drive, MSC 7616, Room 2149, Contact Person: Nasrin Nabavi, PhD, Scientific Review Administrator, Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892–7616, 301–496–3528, Review Program, Division of Extramural as amended. The grant applications and [email protected]. Activities, NIAID, NIH, Room 2217, 6700–B the discussions could disclose (Catalogue of Federal Domestic Assistance Rockledge Drive, MSC, 7616, Bethesda, MD confidential trade secrets or commercial 20892–7616, 301–496–2550, [email protected]. Program Nos. 93.855, Allergy, Immunology, property such as patentable material, and Transplantation Research; 93.856, Name of Committee: National Institute of and personal information concerning Microbiology and Infectious Diseases Allergy and Infectious Diseases Special individuals associated with the grant Emphasis Panel, Regional Biocontainment Research, National Institutes of Health, HHS) applications, the disclosure of which Laboratories. would constitute a clearly unwarranted Dated: May 8, 2003. Date: June 23–24, 2003. invasion of personal privacy. Anna P. Snouffer, Time: 8 a.m. to 5 p.m. Deputy Director, Office of Federal Advisory Agenda: To review and evaluate grant Name of Committee: National Institute of applications. Diabetes and Digestive and Kidney Diseases Committee Policy. Place: Gaithersburg Marriott Initial Review Group; Kidney, Urologic and [FR Doc. 03–12080 Filed 5–14–03; 8:45 am] Washingtonian Center, 9751 Washingtonian Hematologic Diseases D Subcommittee. BILLING CODE 4140–01–M Boulevard, Gaithersburg, MD 20878. Date: June 18–19, 2003. Contact Person: Robert C. Goldman, PhD, Time: 2 p.m. to 3 p.m. Scientific Review Administrator, Scientific Agenda: To review and evaluate grant Review Program, Division of Extramural applications.
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Place: Embassy Suites Hotel, 1300 Agenda: To review and evaluate contract Time: 1 p.m. to 4 p.m. Concourse Drive, Linthicum, MD 21090. proposals. Agenda: To review and evaluate grant Contact Person: Neal A. Musto, PhD, Place: National Institutes of Health, 7201 applications. Scientific Review Administrator, Review Wisconsin Avenue, Bethesda, MD 20892, Place: National Institute on Aging, Branch, DEA, NIDDK, Room 751, 6707 (Telephone Conference Call). Gateway Building, 7201 Wisconsin Avenue, Democracy Boulevard, National Institutes of Contact Person: Arthur D. Schaerdel, DVM, Bethesda, MD 20814 (Telephone Conference Health, Bethesda, MD 20892–6600, (301) The Bethesda Gateway Building, 7201 594–7798, [email protected]. Wisconsin Avenue/Suite 2C212, Bethesda, Call). Contact Person: William Cruce, PhD, (Catalogue of Federal Domestic Assistance MD 20892, (301) 496–9666. Program Nos. 93.847, Diabetes, This notice is being published less than 15 Scientific Review Administrator, National Endocrinology and Metabolic Research; days prior to the meeting due to the timing Institute on Aging, National Institutes of 93.848, Digestive Diseases and Nutrition limitations imposed by the review and Health, Scientific Review Office, Gateway Research; 93.849, Kidney Diseases, Urology funding cycle. Building 2C212, 7201 Wisconsin Avenue, and Hematology Research, National Institutes (Catalogue of Federal Domestic Assistance Bethesda, MD 20892, 301–402–7704, of Health, HHS) Program No. 93.866, Aging Research, ([email protected].) National Institutes of Health, HHS) Dated: May 8, 2003. Name of Committee: National Institute on Anna P. Snouffer, Dated: May 8, 2003. Aging Special Emphasis Panel, Economics of Acting Director, Office of Federal Advisory Anna P. Snouffer, Aging. Committee Policy. Acting Director, Office of Federal Advisory Date: June 1–2, 2003. [FR Doc. 03–12083 Filed 5–14–03; 8:45 am] Committee Policy. Time: 7 p.m. to 5 p.m. Agenda: To review and evaluate grant BILLING CODE 4140–01–M [FR Doc. 03–12084 Filed 5–14–03; 8:45 am] BILLING CODE 4140–01–M applications. Place: Hilton Boston Back Bay, 40 Dalton DEPARTMENT OF HEALTH AND Street, Boston, MA 02115. HUMAN SERVICES DEPARTMENT OF HEALTH AND Contact Person: Alfonso R. Latoni, PhD, HUMAN SERVICES Scientific Review Administrator, Scientific National Institutes of Health Review Office, National Institute on Aging, National Institutes of Health National Institutes of Health, 7201 Wisconsin National Institute on Aging; Notice of Avenue, Room 2C212, Bethesda, MD 20892, Closed Meetings National Institute on Aging; Notice of 301/496–9666, [email protected]. Closed Meetings Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance Federal Advisory Committee Act, as Pursuant to section 10(d) of the Program Nos. 93.866, Aging Research, amended (5 U.S.C. appendix 2), notice Federal Advisory Committee Act, as National Institutes of Health, HHS) is hereby given of the following amended (5 U.S.C. appendix 2), notice Dated: May 8, 2003. meetings. is hereby given of the following Anna P. Snouffer, The meetings will be closed to the meetings. Acting Director, Office of Federal Advisory public in accordance with the The meetings will be closed to the Committee Policy. provisions set forth in sections public in accordance with the [FR Doc. 03–12085 Filed 5–14–03; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections BILLING CODE 4140–01–M as amended. The contract proposals and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose as amended. The grant applications and confidential trade secrets or commercial the discussions could disclose DEPARTMENT OF HEALTH AND property such as patentable material, confidential trade secrets or commercial HUMAN SERVICES and personal information concerning property such as patentable material, individuals associated with the contract and personal information concerning National Institutes of Health proposals, the disclosure of which individuals associated with the grant would constitute a clearly unwarranted applications, the disclosure of which National Institute on Aging; Amended invasion of personal privacy. would constitute a clearly unwarranted Notice of Meeting Name of Committee: National Institute on invasion of personal privacy. Aging Special Emphasis Panel, Tissue Bank. Name of Committee: National Institute on Notice is hereby given of a change in Date: May 14, 2003. Aging Special Emphasis Panel, Translational the meeting of the Board of Scientific Time: 1 p.m. to 3 p.m. Research Centers. Counselors, NIA, May 13, 2003, 8 a.m. Agenda: To review and evaluate contract Date: May 13–14, 2003. to May 14, 2003, 3 p.m, Gerontology proposals. Time: 5 p.m. to 5 p.m. Research Center, National Institutes of Place: National Institute on Aging, Agenda: To review and evaluate grant Health, 5600 Nathan Shock Drive, Gateway Building, 7201 Wisconsin Avenue, applications. Bethesda, MD 20814, (Telephone Conference Place: Holiday Inn Chevy Chase, 5520 Baltimore, MD, 21224–6825 which was Call). Wisconsin Avenue, Chevy Chase, MD 20815. published in the Federal Register on Contact Person: Arthur D. Schaerdel, DVM, Contact Person: Alfonso R. Latoni, PhD, April 8, 1003, 68 FR 17962. The Bethesda Gateway Building, 7201 Scientific Review Administrator, Scientific The portion of the meeting being held Wisconsin Avenue/Suite 2C212, Bethesda, Review Office, National Institute on Aging, May 14, 2003 from 2:30 to 3 p.m. will MD 20892, (301) 496–9666. National Institutes of Health, 7201 Wisconsin be closed. The meeting is partially This notice is being published less than 15 Avenue, Room 2C212, Bethesda, MD 20892, days prior to the meeting due to the timing 301/496–9666, [email protected]. closed to the public. limitations imposed by the review and This notice is being published less than 15 Dated: May 8, 2003. funding cycle. days prior to the meeting due to the timing Anna P. Snouffer, Name of Committee: National Institute on limitations imposed by the review and Acting Director, Office of Federal Advisory Aging Special Emphasis Panel; Nonhuman funding cycle. Committee Policy. Primates. Name of Committee: National Institute on Date: May 16, 2003. Aging Special Emphasis Panel, Restless Legs. [FR Doc. 03–12086 Filed 5–14–03; 8:45 am] Time: 1 p.m. to 3 p.m. Date: May 30, 2003. BILLING CODE 4140–01–M
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DEPARTMENT OF HEALTH AND Bethesda, MD 20817, (Telephone Conference Agenda: To review and evaluate grant HUMAN SERVICES Call). applications. Contact Person: Gregory P. Jarosik, PhD, Place: National Institute of Nursing National Institutes of Health Scientific Review Administrator, Scientific Research, 6701 Democracy Plaza, Bethesda, Review Program, Division of Extramural MD 20817, (Telephone Conference Call). National Institute of Biomedical Activities, NIAID, 6700B Rockledge Drive, Contact Person: John E. Richters, PhD., Imaging and Bioengineering; Amended MSC–7616, Bethesda, MD 20892, 301–496– Scientific Review Administrator, Office of Notice of Meeting 2550, [email protected]. Review, Division of Extramural Activities, Name of Committee: National Institute of National Institute of Nursing Research, Notice is hereby given of a change in Allergy and Infectious Diseases Special National Institutes of Health, 6701 the meeting of the National Advisory Emphasis Panel; Comprehensive Democracy Blvd., Room 715, Bethesda, MD Council for Biomedical Imaging and International Program of Research on AIDS 20817, (301) 594–5971, [email protected]. Bioengineering, May 29, 2003, 8:30 a.m. (CIPRA). This notice is being published less than 15 Date: June 5, 2003. days prior to the meeting due to the timing to May 30, 2003, 5 p.m., National Time: 10:30 a.m. to 12:30 p.m. Institutes of health, Neuroscience limitations imposed by the review and Agenda: To review and evaluate grant funding cycle. Center, 6001 Executive Boulevard, applications. Rockville, MD 20852 which was Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance published in the Federal Register on Rockledge 6700, 6700B Rockledge Drive, Program Nos. 93.361, Nursing Research, April 22, 2003, 68 FR 7719841. Bethesda, MD 20817, (Telephone Conference National Institutes of Health, HHS). The meeting agenda has changed so Call). Dated: May 6, 2003. that the open session of the meeting will Contact Person: Gregory P. Jarosik, PhD, Anna P. Snouffer, Scientific Review Administrator, Scientific be in the morning on May 29, and the Acting Director, Office of Federal Advisory Review Program, Division of Extramural Committee Policy. closed session in the afternoon. The Activities, NIAID, 6700B Rockledge Drive, meeting is partially closed to the public. MSC–7616, Bethesda, MD 20892, 301–496– [FR Doc. 03–12096 Filed 5–14–03; 8:45 am] Dated: May 8, 2003. 2550, [email protected]. BILLING CODE 4140–01–M Anna P. Snouffer, (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, Deputy Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. and Transplantation Research; 93.856, Microbiology and Infectious Diseases HUMAN SERVICES [FR Doc. 03–12088 Filed 5–14–03; 8:45 am] Research, National Institutes of Health, HHS) BILLING CODE 4140–01–M National Institutes of Health Dated: May 8, 2003. Anna P. Snouffer, National Institute of Dental & DEPARTMENT OF HEALTH AND Deputy Director, Office of Federal Advisory Craniofacial Research; Notice of HUMAN SERVICES Committee Policy. Closed Meetings [FR Doc. 03–12089 Filed 5–14–03; 8:45 am] National Institutes of Health BILLING CODE 4140–01–M Pursuant to section 10(d) of the National Institute of Allergy and Federal Advisory Committee Act, as Infectious Diseases; Notice of Closed amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND is hereby give of the following meetings. Meetings HUMAN SERVICES The meetings will be closed to the Pursuant to section 10(d) of the National Institutes of Health public in accordance with the Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. Appendix 2), notice National Institute of Nursing Research; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following Notice of Closed Meeting as amended. The grant applications and meetings. the discussions could disclose The meetings will be closed to the Pursuant to section 10(d) of the confidential trade secrets or commercial public in accordance with the Federal Advisory Committee Act, as property such as patentable material, provisions set forth in sections amended (5 U.S.C. Appendix 2), notice and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following individuals associated with the grant as amended. The grant applications and meeting. applications, the disclosure of which the discussions could disclose The meeting will be closed to the would constitute a clearly unwarranted confidential trade secrets or commercial public in accordance with the invasion of personal privacy. property such as patentable material, provisions set forth in sections and personal information concerning Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dental and Craniofacial Research Special individuals associated with the grant as amended. The grant applications and Emphasis Panel; 03–61, Review of R01s. applications, the disclosure of which the discussions could disclose Date: May 28, 2003. would constitute a clearly unwarranted confidential trade secrets or commercial Time: 9 a.m. to 10:30 a.m. invasion of personal privacy. property such as patentable material, Agenda: To review and evaluate grant Name of Committee: National Institute of and personal information concerning applications. Allergy and Infectious Diseases Special individuals associated with the grant Place: National Institutes of Health, Emphasis Panel; Comprehensive applications, the disclosure of which Natcher Building, 45 Center Drive, Bethesda, MD 20892. (Telephone Conference Call). International Program of Research on AIDS would constitute a clearly unwarranted (CIPRA). Contact Person: Rebecca Roper, MS, MPH, Date: May 30, 2003. invasion of personal privacy. Scientific Review Administrator, Scientific Time: 12 p.m. to 3 p.m. Name of Committee: National Institute of Review Branch, Division of Extramural Agenda: To review and evaluate grant Nursing Research Special Emphasis Panel, Research, National Inst of Dental & applications. Loan Repayment Program. Craniofacial Research, National Institutes of Place: National Institutes of Health, Date: May 14, 2003. Health, 45 Center Dr., room 4AN32E, Rockledge 6700, 6700B Rockledge Drive, Time: 10 a.m. to 12 p.m. Bethesda, MD 20892, 301–451–5096.
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Name of Committee: National Institute of Building, Rm. 4AN44F, National Institutes of DEPARTMENT OF HEALTH AND Dental and Craniofacial Research Special Health, Bethesda, MD 20892, (301) 594–2372. HUMAN SERVICES Emphasis Panel 03–56, Review of R01s. Date: May 28, 2003. (Catalogue of Federal Domestic Assistance National Institutes of Health Time: 10:30 a.m. to 12 p.m. Program Nos. 93.121, Oral Diseases and Agenda: To review and evaluate grant Disorders Research, National Institutes of Clinical Center; Notice of Meeting applications. Health, HHS) Place: National Institutes of Health, Dated: May 7, 2003. Pursuant to section 10(d) of the Natcher Building, 45 Center Drive, Bethesda, Federal Advisory Committee Act, as MD 20892, (Telephone Conference Call). Anna P. Snouffer, amended (5 U.S.C. appendix 2), notice Contact Person: Rebecca Roper, MS, MPH, Acting Director, Office of Federal Advisory is hereby given of the Board of Scientific Review Administrator, Scientific Committee Policy. Review Branch, Division of Extramural Governors of the Warren Grant Research, National Inst of Dental & [FR Doc. 03–12100 Filed 5–14–03; 8:45 am] Magnuson Clinical Center. Craniofacial Research, National Institutes of BILLING CODE 4140–01–M The meeting will be closed to the Health, 45 Center Dr., room 4AN32E, public, with attendance limited to space Bethesda, MD 20892, 301–451–5096. available. Individuals who plan to Name of Committee: National Institute of DEPARTMENT OF HEALTH AND attend and need special assistance, such Dental and Craniofacial Research Special HUMAN SERVICES as sign language interpretation or other Emphasis Panel; 03–72, Review of Ks and reasonable accommodations, should R03s. National Institutes of Health notify the Contact Person listed below Date: June 3, 2003. in advance of the meeting. Time: 11 a.m. to 2 p.m. National Library of Medicine; Notice of Agenda: To review and evaluate grant Name of Committee: Board of governors of applications. Closed Meeting the Warren Grant Magnuson Clinical Center, Place: National Institutes of Health, Executive Committee. Natcher Building, 45 Center Drive, Bethesda, Pursuant to section 10(d) of the Date: June 13, 2003. MD 20892, (Telephone Conference Call). Federal Advisory Committee Act, as Time: 9 a.m. to 12 p.m. Contact Person: Lynn M King, Phd, amended (5 U.S.C. Appendix 2), notice Agenda: Updates on organizational Scientific Review Administrator, Scientific is hereby given of the following planning and budget issues. Review Branch, 45 Center Dr., Rm 4AN–38K, meeting. Place: National Institutes of Health, National Institute of Dental & Craniofacial Building 10, 10 Center Drive, Bethesda, MD Research, National Institutes of Health, The meeting will be closed to the 20892. Bethesda, MD 20892–6402, 301–594–5006. public in accordance with the Contact Person: Maureen E. Gormley, Name of Committee: National Institute of provisions set forth in sections Executive Secretary, Warren Grant Magnuson Dental and Craniofacial Research Special Clinical Center, National Institutes of Health, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Building 10, Room 2C146, Bethesda, MD Emphasis Panel 03–57, Review of R13s. as amended. The grant applications and Date: June 10, 2003. 20892, 301/496–2897. Time: 1 p.m. to 3 p.m. the discussions could disclose Information is also available on the Agenda: To review and evaluate grant confidential trade secrets or commercial Institute’s/Center’s home page: applications. property such as patentable material, www.cc.nih.gov/, where an agenda and any Place: National Institutes of Health, and personal information concerning additional information for the meeting will be posted when available. Natcher Building, 45 Center Drive, Bethesda, individuals associated with the grant MD 20892, (Telephone Conference Call). applications, the disclosure of which Dated: May 8, 2003. Contact Person: H. George Hausch, PhD, Acting Director, 45 Center Drive, Natcher would constitute a clearly unwarranted Anna P. Snouffer, Building, Rm. 4AN44F, National Institutes of invasion of personal privacy. Acting Director, Office of Federal Advisory Committee Policy. Health, Bethesda, MD 20892, (301) 594–2372. Name of Committee: National Library of Name of Committee: National Institute of Medicine Special Emphasis Panel. [FR Doc. 03–12091 Filed 5–14–03; 8:45 am] Dental and Craniofacial Research Special Date: June 5, 2003. BILLING CODE 4140–01–M Emphasis Panel 03–65, Review of R44s. Time: 1 p.m. to 3 p.m. Date: June 12, 2003. Agenda: To review and evaluate grant Time: 11 a.m. to 1 p.m. applications. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant HUMAN SERVICES applications. Place: National Institutes of Health, 6705 Place: National Institutes of Health, Rockledge Drive, Bethesda, MD 20817, Public Health Service Natcher Building, 45 Center Drive, Bethesda, (Telephone Conference Call). MD 20892, (Telephone Conference Call). Contact Person: Merlyn M. Rodrigues, MD, National Toxicology Program (NTP); Contact Person: Philip Washko, PhD, DMD, PhD, Medical Officer/SRA, National Library National Institute of Environmental Scientific Review Administrator, 45 Center of Medicine, Extramural Programs, 6705 Drive, Natcher Building, Rm. 4AN44F, Health Sciences; the NTP Center for Rockledge Drive, Suite 301, Bethesda, MD the Evaluation of Risks to Human National Institutes of Health, Bethesda, MD 20894. 20892, (301) 594–2372. Reproduction (CERHR) Expert Panel Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Report on the Developmental and Dental and Craniofacial Research Special Program Nos. 93.879, Medical Library Reproductive Toxicity of Ethylene Emphasis Panel 03–71, Review of U24 Assistance, National Institutes of Health, Glycol and the CERHR Expert Panel Progress Reports. HHS) Report on the Developmental and Date: August 20, 2003. Dated: May 7, 2003. Reproductive Toxicity of Propylene Time: 10 a.m. to 4 p.m. Anna P. Snouffer, Glycol: Notice of Availability and Agenda: To review and evaluate review Request for Public Comments Interim Progress Reports. Acting Director, Office of Federal Advisory Place: National Institutes of Health, Committee Policy. Summary Natcher Building, 45 Center Drive, Bethesda, [FR Doc. 03–12094 Filed 5–14–03; 8:45 am] MD 20892, (Telephone Conference Call). Notice is hereby given of the Contact Person: H. George Hausch, PhD, BILLING CODE 4140–01–M availability of the Expert Panel Report Acting Director, 45 Center Drive, Natcher on the Developmental and Reproductive
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Toxicity of Ethylene Glycol and the February meeting, the draft expert panel DEPARTMENT OF HOMELAND Expert Panel Report on the report for each chemical was revised to SECURITY Developmental and Reproductive incorporate the panel’s conclusions and Toxicity of Propylene Glycol. These subsequently reviewed by the Ethylene Transportation Security Administration reports include the summaries and Glycol and Propylene Glycol Expert Reports, Forms, and Record Keeping conclusions of the expert panel’s Panel, NTP scientists, and CERHR Requirements: Agency Information evaluation of the scientific data for personnel. potential reproductive and/or Collection Activity Under OMB Review; developmental hazards associated with Ethylene glycol is a high production Aviation-Related Assistance in the exposure to ethylene glycol and to volume chemical used as a chemical Emergency Wartime Supplemental propylene glycol. The CERHR held this intermediate in the production of Appropriations Act of 2003 polyester compounds. There is expert panel meeting in February 2003. AGENCY: Transportation Security widespread public exposure to ethylene CERHR is seeking public comment on Administration (TSA), Department of glycol due to its use in heating and these reports and additional information Homeland Security. about recent, relevant toxicology or cooling systems (e.g., automotive ACTION: Notice of emergency clearance human exposure studies. antifreeze and as a de-icer for aircraft). request. Propylene glycol is used commercially Availability of Reports as an intermediate in the manufacture of SUMMARY: TSA has submitted a request These expert panel reports are unsaturated polyester resins and in the for emergency processing of a new available electronically on the CERHR production of plasticizers. Similar in public information collection to the Web site (http://cerhr.niehs.nih.gov) and structure to ethylene glycol, public Office of Management and Budget in printed copy by contacting the exposure is through its FDA-approved (OMB) for review and clearance under CERHR [P.O. Box 12233, MD EC–32, use in food, tobacco, pharmaceutical the Paperwork Reduction Act of 1995 Research Triangle Park, NC 27709; products, and cosmetics, its use in (Pub. L. 104–13, 44 U.S.C. 35). This telephone: (919) 541–3455; fax: (919) various paints and coatings, and as an notice announces that the Information 316–4511; or email: antifreeze and de-icing solution. Collection Request (ICR) abstracted [email protected]]. below has been forwarded to OMB for Request for Public Comments Additional Information About CERHR review and comment. The ICR describes the nature of the information collection The CERHR invites public comments The NTP and the NIEHS established and its expected burden. on these expert panel reports and input the NTP CERHR in June 1998 [Federal DATES: regarding any recent, relevant Register Vol. 63, No. 239, page 68782, Send your comments by June 16, 2003. A comment to OMB is most toxicology or human exposure studies. December 1998]. The purpose of the effective if OMB receives it within 30 The CERHR requests that all comments CERHR is to provide scientifically days of publication. and other information be submitted to based, uniform assessments of the ADDRESSES: Comments may be faxed to the CERHR at the address above by July potential for adverse effects on the Office of Information and Regulatory 14, 2003. reproduction and development caused All public comments received by the Affairs, Office of Management and by agents to which humans may be date above will be reviewed and Budget, Attention: DHS-TSA Desk exposed. Further information on the included in the final NTP–CERHR Officer, at (202) 395–5806. CERHR’s chemical review process, monograph on ethylene glycol or FOR FURTHER INFORMATION CONTACT: including how to nominate chemicals propylene glycol to be prepared by NTP Conrad Huygen, Privacy Act Officer, staff. The NTP–CERHR monograph will for evaluation and scientists for the Information Management Programs, include the NTP brief, expert panel expert registry, can be obtained from its Office of Finance and Administration, report, and all public comments Web site (http://cerhr.niehs.nih.gov) or Transportation Security Administration received on the report. The brief will by contacting the CERHR directly (see HQ, West Tower, Floor 4, TSA–17, 400 provide the NTP’s interpretation of the address above). The CERHR also serves Seventh Street, SW., Washington, DC potential for adverse reproductive and/ as a resource for information on various 20590–0001; telephone (571) 227–1954; or developmental effects to humans environmental exposures and their facsimile (571) 227–2912. from exposure to ethylene glycol or potential to affect pregnancy and child SUPPLEMENTARY INFORMATION: propylene glycol. The NTP will transmit development. The Web site has the NTP–CERHR monograph to the information about common concerns Transportation Security Administration appropriate federal and state agencies, related to fertility, pregnancy and the Title: Aviation-related Assistance in the public, and the scientific health of unborn children and links to the Emergency Wartime Supplemental community. other resources for information about Appropriations Act of 2003. OMB Control Number: 1652–0012. Background public health. Type of Request: Emergency A 9-member expert panel composed Dated: May 7, 2003. processing request of new collection. of scientists from state and federal Samuel H. Wilson, Forms(s): NA. governments, universities, and private Deputy Director, National Institute of Affected Public: U.S. Flag commercial companies conducted an evaluation of Environmental Health Sciences. air carriers. the reproductive and developmental [FR Doc. 03–12101 Filed 5–14–03; 8:45 am] Abstract: Pursuant to Public Law No. toxicities of ethylene glycol and BILLING CODE 4140–01–P 108–11, 117 Stat. 559 (4/16/2003), propylene glycol [Federal Register Vol. ‘‘Emergency Wartime Supplemental 67 No. 236, pp. 72965–72967, December Appropriations Act, 2003’’, TSA is 9, 2002]. Public deliberations by the required to remit approximately $2.3 panel took place February 11–13, 2003 billion to U.S. Flag air carriers based on at the Holiday Inn Old Town Select in the proportional share each such carrier Alexandria, Virginia. Following the has paid or collected as of the date of
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enactment of this Act in passenger Reduction Act. The Department is Agency form numbers, if applicable: security and air carrier security fees to soliciting public comments on the HUD–27011, parts A, B, C, D, & E. TSA. Prior to remittance of these funds, subject proposal. Estimation of the total numbers of the Act requires TSA to enter into an DATES: Comments Due Date: July 14, hours needed to prepare the information executive compensation agreement with 2003. collection including number of certain carriers as defined by the statute. respondents, frequency of response, and To ascertain which carriers are required ADDRESSES: Interested persons are hours of response: The estimated total to enter into the compensation invited to submit comments regarding number of burden hours needed to agreement, TSA is requesting that the this proposal. Comments should refer to process the information collection is airlines certify whether they are bound the proposal by name and/or OMB 150,000; the number of respondents is by statutory requirements, as each Control Number and should be sent to: 450 generating approximately 200,000 carrier is in the best position to know its Wayne Eddins, Reports Management annual responses; the frequency of own situation. TSA is therefore Officer, Department of Housing and response varies from once to 5,000 requiring each carrier to certify that Urban Development, 451 7th Street, depending upon the lender’s portfolio; funds were allocated appropriately and SW., L’Enfant Plaza Building, Room and the estimated time needed to prepare a report detailing this 8003, Washington, DC 20410 or prepare the response is 45 minutes. l information. Wayne [email protected]. Status of the proposed information Number of Respondents: 70. FOR FURTHER INFORMATION CONTACT: collection: Extension of a currently Estimated Annual Burden Hours: It is Joseph McCloskey, Director, Office of approved collection. estimated that this certification and Single Family Asset Management, Authority: The Paperwork Reduction Act report will take 8 hours for each carrier Department of Housing and Urban of 1995, 44 U.S.C., chapter 35, as amended. to prepare, for a total burden of 560 Development, 451 7th Street, SW., Dated: May 8, 2003 hours. Washington, DC 20410, telephone (202) TSA is soliciting comments to— 708–1672 (this is not a toll free number) Sean G. Cassidy, (1) Evaluate whether the proposed for copies of the proposed forms and General Deputy Assistant Secretary for information requirement is necessary for other available information. Housing-Deputy Federal Housing the proper performance of the functions Commissioner. SUPPLEMENTARY INFORMATION: The [FR Doc. 03–12122 Filed 5–14–03; 8:45 am] of the agency, including whether the Department is submitting the proposed BILLING CODE 4210–27–M information will have practical utility; information collection to OMB for (2) Evaluate the accuracy of the review, as required by the Paperwork agency’s estimate of the burden; Reduction Act of 1995 (44 U.S.C. (3) Enhance the quality, utility, and DEPARTMENT OF HOUSING AND chapter 35, as amended). URBAN DEVELOPMENT clarity of the information to be This Notice is soliciting comments collected; and from members of the public and affected [Docket No. FR–4820–N–23] (4) Minimize the burden of the agencies concerning the proposed Notice of Proposed Information collection of information on those who collection of information to: (1) Evaluate Collection: Comment Request; are to respond, including through the whether the proposed collection is Multifamily Housing Service use of appropriate automated, necessary for the proper performance of Coordinator Program electronic, mechanical, or other the functions of the agency, including technological collection techniques or whether the information will have AGENCY: Office of the Assistant other forms of information technology. practical utility; (2) evaluate the Secretary for Housing-Federal Housing Issued in Arlington, Virginia, on May 8, accuracy of the agency’s estimate of the Commissioner, HUD. 2003. burden of the proposed collection of ACTION: Notice. Susan T. Tracey, information; (3) enhance the quality, Deputy Chief Administrative Officer. utility, and clarity of the information to SUMMARY: The proposed information [FR Doc. 03–12172 Filed 5–14–03; 8:45 am] be collected; and (4) minimize the collection requirement described below BILLING CODE 4910–62–P burden of the collection of information will be submitted to the Office of on those who are to respond, including Management and Budget (OMB) for the use of appropriate automated review, as required by the Paperwork DEPARTMENT OF HOUSING AND collection techniques or other forms of Reduction Act. The Department is URBAN DEVELOPMENT information technology, e.g., permitting soliciting public comments on the electronic submission of responses. subject proposal. [Docket No. FR–4820–N–22] This Notice also lists the following DATES: Comments Due Date: July 14, information: Notice of Proposed Information 2003. Title of Proposal: Single Family Collection: Comment Request; Single Application for Insurance Benefits. ADDRESSES: Interested persons are Family Application for Insurance OMB Control Number, if applicable: invited to submit comments regarding Benefits 2502–0429. this proposal. Comments should refer to the proposal by name and/or OMB AGENCY: Office of the Assistant Description of the need for the Control Number and should be sent to: Secretary for Housing-Federal Housing information and proposed use: Wayne Eddins, Reports Management Commissioner, HUD. Mortgagees are required to complete this Officer, Department of Housing and ACTION: Notice information collection in order to claim their insurance benefits on defaulted Urban Development, 451 7th Street, SUMMARY: The proposed information single-family mortgages. This SW., L’Enfant Plaza Building, Room 8003, Washington, DC 20410 or collection requirement described below information collection is used to _ will be submitted to the Office of provide HUD the information needed to Wayne [email protected]. Management and Budget (OMB) for process and pay claims on defaulted FOR FURTHER INFORMATION CONTACT: review, as required by the Paperwork FHA-insured home mortgage loans. Willie Spearmon, Director, Office of
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Housing Assistance and Grant collection including number of Urban Development, 451 7th Street SW., Administration, Department of Housing respondents, frequency of response, and Washington, DC 20410, telephone (202) and Urban Development, 451 7th Street hours of response: The estimated total 708–1515 (this is not a toll free number) SW., Washington, DC 20410, telephone number of burden hours needed to for copies of the proposed forms and (202) 708–3000 (this is not a toll free prepare the information collection is 51, other available information. number) for copies of the proposed 100; the number of respondents is 6,700 SUPPLEMENTARY INFORMATION: The forms and other available information. generating approximately 14,400 annual Department is submitting the proposed SUPPLEMENTARY INFORMATION: The responses; the frequency of response is information collection to OMB for Department is submitting the proposed quarterly, semi-annually, and annually; review, as required by the Paperwork information collection to OMB for and the estimated time needed to Reduction Act of 1995 (44 U.S.C. review, as required by the Paperwork prepare the response varies from 15 chapter 35, as amended). Reduction Act of 1995 (44 U.S.C. minutes to 40 hours. The Notice is soliciting comments chapter 35, as amended). Status of the proposed information from members of the public and affected This Notice is soliciting comments collection: Extension of a currently agencies concerning the proposed from members of the public and affected approved collection. collection of information to: (1) Evaluate agencies concerning the proposed Authority: The Paperwork Reduction Act whether the proposed collection is collection of information to: (1) Evaluate of 1995, 44 U.S.C. chapter 35, as amended. necessary for the proper performance of whether the proposed collection is Dated: May 8, 2003. the functions of the agency, including necessary for the proper performance of Sean G. Cassidy, whether the information will have the functions of the agency, including practical utility; (2) Evaluate the General Deputy Assistant Secretary for whether the information will have Housing-Deputy Federal Housing accuracy of the agency’s estimate of the practical utility; (2) Evaluate the Commissioner. burden of the proposed collection of accuracy of the agency’s estimate of the [FR Doc. 03–12123 Filed 5–14–03; 8:45 am] information; (3) Enhance the quality, burden of the proposed collection of utility, and clarity of the information to BILLING CODE 4210–27–M information; (3) Enhance the quality, be collected; and (4) Minimize the utility, and clarity of the information to burden of the collection of information be collected; and (4) Minimize the DEPARTMENT OF HOUSING AND on those who are to respond; including burden of the collection of information URBAN DEVELOPMENT the use of appropriate automated on those who are to respond; including collection techniques or other forms of the use of appropriate automated [Docket No. FR–4820–N–24] information technology, e.g., permitting collection techniques or other forms of electronic submission of responses. Notice of Proposed Information information technology, e.g., permitting The Notice also lists the following Collection: Comment Request; electronic submission of responses. information: Application for Approval—FHA Lender This Notice also lists the following Title of Proposal: Application for and/or Ginnie Mae Mortgage-Backed information: Approval—FHA Lender and/or Ginnie Securities Issuer Branch Office Title of Proposal: Multifamily Mae Mortgage-Backed Securities Issuer Notification—Title I/Title II Housing Service Coordinator Program. Branch Office Notification—Title I/Title OMB Control Number, if applicable: AGENCY: Office of the Assistant II. 2502–0447. Secretary for Housing-Federal Housing OMB Control Number, if applicable: Description of the need for the Commissioner, HUD. 2502–0005. information and proposed use: HUD ACTION: Notice. Description of the need for the evaluates the grant applications (SF–424 information and proposed use: The and related documents) for the need and SUMMARY: The proposed information Federal Housing Administration (FHA) proposed use of grant funds and owners’ collection requirement described below and the Government National Mortgage ability to administer awarded funds of will be submitted to the Office of Association (Ginnie Mae) of the the Multifamily Housing Service Management and Budget (OMB) for Department of Housing and Urban Coordinator Program. HUD staff will use review, as required by the Paperwork Development approve entities to requests for extensions to evaluate Reduction Act. The Department is participate as Title I lenders, Title II anticipated program costs and the soliciting public comments on the mortgagees, and the Ginnie Mae continued need for the program. The subject proposal. mortgage-backed securities issuers. semi-annual Performance Reports will DATES: Comments Due Date: July 14, Specific information must be obtained be used to determine how well grant 2003. and reviewed to determine if an entity funds met stated program goals. meets the criteria to obtain the Grantees will also be able to retain data ADDRESSES: Interested persons are requested approval. In addition, this on the effectiveness of the program and invited to submit comments regarding submission covers subsequent how well the public was served. The this proposal. Comments should refer to information required by FHA in order Payment Voucher is used to monitor the proposal by name and/or OMB for entities to maintain their approval, grant funds for eligible costs over the Control Number and should be sent to: update information previously term of the grant, and the grantee may Wayne Eddins, Reports Management submitted on the entity, report any non- similarly use this voucher to track and Officer, Department of Housing and compliances, and voluntarily terminate record their requests for payment Urban Development, 451 7th Street, their FHA approval. reimbursement for grant-funded SW., L’Enfant Plaza Building, Room Agency form numbers, if applicable: 8003, Washington, DC 20410 or expenses. _ HUD–11701 and HUD–92001–B. Agency form numbers, if applicable: Wayne [email protected]. Estimation of the total numbers of HUD–50080–SCMF, HUD–91186/ FOR FURTHER INFORMATION CONTACT: hours needed to prepare the information 91186–i, HUD–91186–A & HUD–92456. Phillip A. Murray, Director, Office of collection including number of Estimation of the total numbers of Lender Activities, Assistant Secretary respondents, frequency of response, and hours needed to prepare the information for Housing, Department of Housing and hours of response:
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INFORMATION COLLECTION BURDEN HOUR
Number of ex- Item No. Information collection pected Total annual Hours per Total annual respondents responses response hours
1 ...... HUD–11701—Application for FHA Approval, by paper 2,000 2,000 2.00 4,000 (including attachments). 1 ...... HUD–11701 Application for Ginnie Mae Approval, by 50 50 1.25 63 paper (including attachments). 2 ...... HUD–92100–B Application for New Branch by loan cor- 1,000 1,500 .50 750 respondents, by paper (including attachments). 3 ...... Electronic Registration of New Branch by Mortgages via 1,500 2,500 .10 250 FHA Connection. 4 ...... Electronic Termination of Existing Branch by all lenders 1,000 3,000 .05 150 via FHA Connection. 5 ...... Cover Sheet for Application Fee or Conversion of Mort- 200 200 .05 10 gagee Type for Title I Approval (by paper). 5 ...... Cover Sheet for Application Fee or Conversion of Mort- 1,800 1,800 .05 90 gagee Type for Title II Approval (by paper). 5 ...... Application Fee for Branch registration electronically or 2,500 4,000 .05 200 request for approval in paper using HUD 92001–B. 6 ...... Annual Verification Report by all approved lenders (by 11,500 11,500 .10 1,150 paper). 7 ...... Non-Address Business Change Notification (by paper) .. 600 600 .50 300 8 ...... Address Updates via FHA Connection ...... 1,500 3,000 .25 750 9 ...... Personnel Change Notification of new owners, officers, 1,000 1,000 .50 500 directors or partners (by paper). 10 ...... Non-Compliance Notification pursuant to Lender Quality 300 600 1.00 600 Control Plans (by paper). 11 ...... Voluntary Termination by a Lender (by letter) ...... 500 500 .25 125
Total ...... 25,450 32,250 ...... 8,938
Status of the proposed information FOR FURTHER INFORMATION CONTACT: Affairs, in his official capacity, Earl collection: Revision of a currently Michael P. Gross, Class Counsel, M.P. Devaney, Inspector General, in his approved collection. Gross & Associates, P.C., 460 St. official capacity, and the United States Authority: The Paper Reduction Act of Michael’s Drive, #300, Santa Fe, NM of America (No. CIV 90–0957 LH/WWD 1995, 44 U.S.C. chapter 35, as amended. 87505–7602; Telephone No. (505) 983– ACE), before the United States District 6686; Fax (505) 989–1096; E-mail Court for the District of New Mexico, Dated: May 8, 2003. address: [email protected]; or C. reads as set forth below. Sean G. Cassidy, Bryant Rogers, Co-Class Counsel, Roth, General Deputy Assistant Secretary for Dated: May 5, 2003. VanAmberg, Rogers, Ortiz, Fairbanks & Aurene M. Martin, Housing-Deputy Federal Housing Yepa, LLP, Post Office Box 1447, Santa Commissioner. Assistant Secretary—Indian Affairs. Fe, NM 87504–1447; Telephone No. [FR Doc. 03–12124 Filed 5–14–03; 8:45 am] (505) 988–8979; Fax (505) 983–7508; E- Class Distribution Notice Number 1; BILLING CODE 4210–27–M mail address: Second Partial Settlement (PSA–2); [email protected]; or Lloyd B. Introduction Miller, Co-Class Counsel for the DCSC With this notice, Class Counsel are DEPARTMENT OF THE INTERIOR Claim, Sonosky Chambers Sachse Miller commencing distribution of the Second and Munson, 900 W Fifth Street, Suite Partial Settlement (PSA–2) paid by Bureau of Indian Affairs 700, Anchorage, Alaska 99501; Defendants on March 21, 2003. The Net Telephone No. (907) 258–6377; Fax Common Fund to be distributed [No. CIV 90–0957 LH/WWD ACE] (907) 2723–8332; E-mail address: pursuant to this notice is [email protected] Notice of Distribution of Second Partial $22,230,594.49. A second distribution of Settlement: Ramah Navajo Chapter v. SUPPLEMENTARY INFORMATION: This the remaining balance in the Reserve Gale Norton notice is published in accordance with Account (to which all interest accruals the authority delegated by the Secretary of the Net Common Fund and Reserve AGENCY: Bureau of Indian Affairs, of the Interior to the Assistant Account are deposited) will occur later. Interior. Secretary—Indian Affairs by 209 PSA–2 settles remaining claims for three ACTION: Notice. Departmental Manual 8.1. years only: FY 1992, FY 1993, and FY The Class Distribution Notice in 1994. SUMMARY: A Notice of the Distribution of Ramah Navajo Chapter, Oglala Sioux The proceeds of PSA–2 were the Second Partial Settlement is Tribe, and Pueblo of Zuni, for deposited pursuant to Court Order in contained in this announcement. The themselves and on behalf of a class of the Court Registry Investment System Notice describes procedures for the persons similarly situated, v. Gale (CRIS) administered by the Clerk of the payment and distribution of the Net Norton, Secretary of the Interior, in her United States District Court for the Common Fund, including eligibility for official capacity, United States Southern District of Texas (Houston). payment, necessary documentation and Department of the Interior, Neal The Class has engaged the Albuquerque related information. McCaleb, Assistant Secretary for Indian firm of REDW, LLC, as the Independent
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CPA (Settlement Administrator) to assist under the Tribally Controlled School Federal Financial Assistance’’ from your in the distribution of the Net Common Grants Act, 25 U.S.C. 2001 et seq. may annual single agency audit or alternative Fund of these settlement proceeds. Class include their school grant amount in the documentation such as contract award Counsel have also engaged Kenton share calculation only if they had an documents and IDC agreements, etc.) Keckler, CPA to serve as Class Monitor. indirect cost rate and the grant was showing existence of the elements and As such, Mr. Keckler has responsibility included in the direct cost base for that amounts for eligibility under Part I of for confirming that the Independent rate. School grantees who did not have this Notice for each year the entity CPA’s implementation of the PSA–2 is a Public Law 93–638 contract are not claims to have had such contracts or in conformity with the provisions of the Class Members. compacts. The completed claim form PSA–2 agreement as approved by the B. To qualify for a share in PSA–2, and supporting documentation must be court. each Class Member must submit a Claim received by REDW, LLC no later than 60 The purpose of this Notice is: Form, duly executed and notarized, to days after the date of publication of this 1. To publish a provisional list of the Settlement Administrator within 60 Notice in the Federal Register and must Class Members who may be eligible for days of publication of this Notice in the also be served on Plaintiffs’ and an allocation from the Net Common Federal Register. Defendants’ Counsel within the same Fund and to provide procedures to III. Provisional List of Class Members period. Addresses for Class Counsel are challenge the stated amount of BIA and Procedure for Correcting Your set out at the end of this notice. expenditures contained in the Entry Defendant’s counsel’s address is: Karen attachment. (See Attachment A for the K. Richardson, Esq., United States Provisional List.) Attached to this Notice is a list of Department of Justice, Civil Division, 2. To give notice to any tribe or tribal tribes and tribal entities compiled by Post Office Box 883, Benjamin Franklin entity not on the provisional list of Class Counsel who may be members of Station, Washington, DC 20044. procedures it must follow in order to the Class eligible for an allocation from Challenges to inclusion or exclusions challenge omission from the list. the Net Common Fund. This list is also from the provisional list by other Class 3. To give notice to all Class Members published on the Class web site and will Members are not permitted. of the requirement to submit a timely be published in the Federal Register. Claim Form with requested documents The web site contains important IV. You Must Timely File a Claim Form and the deadline for submitting Claim pleadings, other documents, and notices To Share in This Settlement Forms to the Settlement Administrator. previously sent to the Class as well as Each Class Member must submit to (See Attachment B for the Claim Form.) the complete Second Partial Settlement the Settlement Administrator the 4. To outline procedures for Class Agreement including Appendix F. attached claim form duly executed and Members who may wish to relinquish notarized by the responsible official A. If You Are on the List But Wish To their shares in this settlement. plus such financial information about Disclaim a Share of This Settlement Any conflict between this Notice and its federal funding expenditures for each the Second Partial Settlement There are no opt outs and the period of the settlement years as may be Agreement (PSA–2) will be resolved in for opting out of the class action has required on the form. favor of the Settlement Agreement. The passed. If your tribe or tribal The preferred information to be entire Second Partial Settlement organization does not wish to receive a attached to the claim form is your Agreement including Appendix F may share of this settlement, this may be ‘‘Schedule of Federal Financial be found on the Class web site at: achieved by so indicating on the Assistance (SFFA)’’ in your annual http:www.rncsettlement.com. attached claim form or by sending a single agency audit for the relevant year letter to the Settlement Administrator or years. I. How Are Shares Calculated? disclaiming any share of this settlement. If the SFFA is not on file and cannot The allocations will be made on the Tribes which so indicate will remain be located, alternative documentation basis of each Class Member’s actual class members but will be removed from may be substituted if acceptable to the credited BIA expenditures (not the list used in future mailings Settlement Administrator. including construction expenses regarding this settlement. Audit data received from Class exceeding $100,000) as shown in the Members will be kept confidential B. If You Are Not on the List But Are Claim Form compared with those of the pursuant to Paragraph 9(C) of Appendix a Class Member Who Wishes To Be entire Class. To be eligible for a full D of the First Partial Settlement Included or Who Wishes To Challenge allocation covering all three settlement Agreement (PSA–1), except for the Provisional List Data for Your Entity years, each claimant must certify under publication of BIA funding expenditures penalty of perjury that it meets the Any tribal entity which does not data in connection with this distribution criteria for eligibility for all three years. appear on the provisional list or wishes as authorized by Appendix F, PSA–2. If the claimant meets the criteria for to challenge the accuracy of its data on Entities for whom the required only two years, it will receive a two- the provisional list and which believes documents are not received will not thirds allocation. If it meets the criteria it is a Class Member eligible to receive receive an allocation. for only one year, it will receive a one- a share of the Net Common Fund must If the Court, on petition, later finds third allocation. See Appendix F. file a statement certifying under oath that the methodology for distribution of that it had a Public Law 93–638 contract PSA–2 is unworkable, too costly, or not II. Who Is Eligible for a Share in This or self-governance compact with the beneficial to the interests of the Class, Settlement? BIA during any one or more of the some other method may be substituted A. Only Class Members which had a settlement years FY 1992 through FY after notice and an opportunity for Public Law 93–638 contract or compact 1994. The response must state that the hearing objections. with the Bureau of Indian Affairs during information provided is true and correct After expiration of the response any of the settlement years, FY 1992, FY to the best of the signatory’s knowledge, period set forth in this Notice, the 1993, or FY 1994, are eligible to share information, and belief. The statement Settlement Administrator will in the proceeds of this settlement. Class must also be accompanied by determine the Final List of Class Members who also had a school grant documentary proof (e.g., ‘‘Schedule of Members who have been determined to
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be eligible for an allocation under PSA– 87199–3659; Telephone No. 1–888– C. Bryant Rogers, Co-Class Counsel, 2. The Notice accompanying this ‘‘Final 726–9418; Web site: Roth, VanAmberg, Rogers, Ortiz, Share Percentage Schedule’’ (FSPS) will http:www.rncsettlement.com; Email Fairbanks & Yepa, LLP, Post Office provide a final means for challenging address: [email protected] Box 1447, Santa Fe, NM 87504–1447; the share percentage stated in the FSPS. Questions regarding this notice Telephone No. (505) 988–8979; Fax Unless Class Members timely submit should be directed to the Settlement No. (505) 983–7508; Email address: a claim form and provide necessary Administrator at the above address or to [email protected]. documentation to the Settlement Class Counsel below. Administrator, they will not receive a Lloyd B. Miller, Co-Class Counsel for share of the Net Common Fund. Michael P. Gross, Class Counsel, M. P. the DCSC Claim, Sonosky Chambers The claim form must be mailed to: Gross & Associates, P.C., 460 St. Sachse Miller and Munson, 900 W. REDW, LLC, Ramah Navajo Chapter Michael’s Drive, #300, Santa Fe, NM Fifth Street, Suite 700, Anchorage, Class Action Settlement Administrator, 87505–7602; Telephone No. (505) Alaska 99501; Telephone No. (907) 6401 Jefferson NE, Post Office Box 983–6686; Fax No. (505) 989–1096; 258–6377; Fax No. (907) 2723–8332; 93659, Albuquerque, New Mexico Email address: [email protected]. Email address: [email protected].
ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION [Information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional List (part 1 of 2); Alphabetical order—by organization]
1993 BIA Tribe/Organization Control No. expenditures
1854 AUTHORITY ...... 1040 $385,083 ABSENTEE–SHAWNEE TRIBE OF OKLAHOMA ...... 1 1,144,671 AKIACHAK NATIVE COMMUNITY (IRA) ...... 11 102,985 ALABAMA–COUSHATTA TRIBE OF TEXAS ...... 14 1,005,948 ALAMO NAVAJO SCHOOL BOARD INC ...... 17 2,860,123 ALEUTIAN/PRIBOLOF ISLAND ASSOCIATION ...... 22 876,862 ALL INDIAN PUEBLO COUNCIL ...... 24 572,687 ARTIC SLOPE COMMUNITY ...... 38 826,772 ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS INC ...... 43 3,372,828 BAD RIVER BAND OF LAKE SUPERIOR CHIPPEWA INDIANS ...... 51 936,549 BAY MILLS COMMUNITY COLLEGE ...... 908 665,657 BAY MILLS INDIAN COMMUNITY ...... 56 1,734,035 BIG LAGOON RANCHERIA ...... 67 81,777 BIG PINE PAUITE SHOSHONE BAND ...... 68 225,648 BISHOP PAIUTE TRIBE ...... 74 191,163 BLACKFEET TRIBE ...... 77 3,504,136 BLUE LAKE RANCHERIA OF CALIFORNIA ...... 78 131,087 BOARD OF DIRECTORS TRENTON INDIAN SERVICE AREA ...... 79 320,577 BOIS FORTE BAND OF MINNESOTA CHIPPEWA TRIBE ...... 495 549,864 BURNS PAIUTE TRIBE ...... 89 481,324 CADDO TRIBE OF OKLAHOMA ...... 93 23,325 CAHUILLA BAND OF INDIANS ...... 95 70,969 CAMPO BAND OF MISSION INDIANS ...... 97 37,358 CENTRAL COUNCIL OF THE TLINGIT AND HAIDA INDIAN TRIBES ...... 108 5,843,029 CHER-AE HEIGHTS INDIAN COMMUNITY OF THE TRINIDAD RANCHERIA ...... 117 68,449 CHEROKEE NATION ...... 120 12,135,102 CHEYENNE RIVER COMMUNITY COLLEGE ...... 920 831,795 CHEYENNE RIVER SIOUX TRIBE ...... 122 5,419,641 CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA ...... 123 2,038,243 CHICKASAW NATION ...... 126 3,667,626 CHIPPEWA CREE TRIBE ...... 138 2,460,888 CHITIMACHA TRIBE OF LOUISIANA ...... 141 2,529,525 CHOCTAW NATION OF OKLAHOMA/JONES ACADEMY ...... 144 6,268,339 CHUCACHIUT, INC...... 149 1,819,593 CITIZEN POTAWATOMI NATION ...... 156 992,281 COAST INDIAN COMMUNITY OF THE RESIGHINI RANCHERIA ...... 161 151,469 COEUR D’ALENE TRIBE ...... 164 3,116,653 COLORADO RIVER INDIAN TRIBES ...... 167 1,635,403 COLUMBIA RIVER INTERTRIBAL FISH COMMISSION ...... 1047 3,196,475 COMANCHE TRIBE OF OKLAHOMA ...... 171 1,441,674 CONCOW MAIDU TRIBE OF MOORETOWN RANCHERIA ...... 471 225,200 CONFEDERATED SALISH AND KOOTENAI TRIBES ...... 173 9,803,091 CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION ...... 890 9,086,044 CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, & SIUSL ...... 174 637,323 CONFEDERATED TRIBES OF GRAND RONDE COMMUNITY OF OR ...... 177 1,434,869 CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON ...... 175 2,072,413 CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION ...... 114 941,154 CONFEDERATED TRIBES OF THE COLVILLE RESERVATION ...... 176 9,809,752 CONFEDERATED TRIBES OF UMATILLA INDIAN RESERVATION ...... 179 3,079,881 COOK INLET TRIBAL COUNCIL, INC...... 181 1,551,039 COPPER RIVER NATIVE ASSOCIATION ...... 183 1,624,840 COQUILLE INDIAN TRIBE ...... 185 1,227,958
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional List (part 1 of 2); Alphabetical order—by organization]
1993 BIA Tribe/Organization Control No. expenditures
COUSHATTA TRIBE OF LOUISIANA ...... 191 540,290 COW CREEK BAND OF UMPQUA TRIBE OF INDIANS ...... 193 503,712 CROW CREEK SIOUX TRIBE ...... 198 1,389,634 CROW TRIBE OF INDIANS ...... 200 1,635,528 DELAWARE TRIBE OF WESTERN OKLAHOMA ...... 208 7,550 DUCKWATER SHOSHONE TRIBE ...... 219 941,575 DULL KNIFE MEMORIAL COLLEGE ...... 940 915,950 EASTERN BAND OF CHEROKEE ...... 118 8,898,982 EASTERN SHAWNEE TRIBE OF OKLAHOMA ...... 222 160,297 EASTERN SHOSHONE TRIBE ...... 223 329,697 EIGHT NORTHERN INDIAN PUEBLOS COUNCIL ...... 226 485,379 ELK VALLEY RANCHERIA ...... 232 106,652 ELY SHOSHONE TRIBE ...... 234 586,019 FAIRBANKS NATIVE ASSOCIATION ...... 240 620,669 FALLON PAIUTE SHOSHONE TRIBE ...... 241 1,187,735 FLANDREAU SANTEE SIOUX TRIBE ...... 244 300,973 FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA ...... 246 3,603,978 FOREST COUNTY POTAWAOM COMMUNITY (A.K.A. FOREST ...... 248 366,782 FORT BELKNAP TRIBAL COUNCIL ...... 250 2,772,116 FORT BIDWELL INDIAN COMMUNITY OF PAIUTE INDIANS ...... 251 99,167 FORT MCDOWELL YAVAPAI NATION ...... 256 326,827 FORT MOJAVE INDIAN TRIBE ...... 257 1,303,279 FORT PECK TRIBES ...... 42 3,446,174 GILA RIVER INDIAN COMMUNITY ...... 266 7,696,975 GRAND PORTAGE BAND OF OJIBWE ...... 269 416,474 GRAND TRAVERSE BAND OF OTTAWA & CHIPPEWA INDIANS ...... 270 2,043,822 GREAT LAKES FISH & WILDLIFE COMMISSION ...... 1039 4,260,441 HANNAHVILLE INDIAN SCHOOL ...... 280 4,313,522 HAVASUPAI TRIBE ...... 284 1,733,262 HO-CHUNK NATION ...... 286 449,947 HOH TRIBE ...... 288 586,259 HOOPA VALLEY TRIBE ...... 291 5,674,086 HOPI TRIBE ...... 295 4,538,542 HOULTON BAND OF MALISEET INDIANS ...... 299 683,317 HUALAPAI TRIBE ...... 300 1,591,245 INTER-TRIBAL COUNCIL OF MICHIGAN ...... 1055 188,131 IOWA TRIBE OF OKLAHOMA ...... 320 487,421 JAMESTOWN S’KLALLAM TRIBE ...... 327 1,939,626 JICARILLA APACHE TRIBE ...... 332 1,220,639 JOINT BUSINESS COUNCIL SHOSHONE AND ARAPAHO TRIBE ...... 716 3,282,171 KALISPEL TRIBE OF INDIANS ...... 340 701,218 KARUK TRIBE OF CALIFORNIA ...... 345 491,815 KAW NATION OF OKLAHOMA ...... 349 422,937 KAWERAK INCORPORATED ...... 350 3,542,620 KENAI VILLAGE (KENAITZE VILLAGE) ...... 352 354,419 KETCHIKAN INDIAN CORPORATION (IRA) ...... 353 2,043,122 KEWEENAW BAY INDIAN COMMUNITY ...... 354 1,136,752 KIANA VILLAGE ...... 356 34,772 KICKAPOO TRIBE IN KANSAS ...... 359 677,978 KICKAPOO TRIBE OF OKLAHOMA ...... 360 326,643 KIOWA TRIBE OF OKLAHOMA ...... 365 1,200,128 KLAMATH GENERAL COUNCIL ...... 369 2,694,361 KODIAK AREA NAVTIVE ASSOCIATION ...... 373 617,159 KOOTENAI TRIBAL COUNCIL ...... 378 336,745 KUSKOKWIM NATIVE ASSOCIATION ...... 384 915,693 KWETHLUK VILLAGE (IRA) ...... 385 217,724 KWIGILLINGOK VILLAGE (IRA) ...... 386 59,677 LAC COURTE OREILLES TRIBAL GOVERNING BOARD ...... 391 4,178,614 LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA IND ...... 392 1,751,307 LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA IN ...... 393 666,756 LAS VEGAS PAUITE TRIBE ...... 398 208,897 LEECH LAKE RESERVATION BUSINESS COMMITTEE/LEECH LA ...... 401 7,238,032 LOWER BRULE SIOUX TRIBE ...... 419 2,372,623 LOWER ELWHA COMMUNITY COUNCIL ...... 420 1,805,497 LUMMI TRIBE OF THE LUMMI RESERVATION WASHINGTON ...... 426 7,166,776 MAKAH TRIBAL COUNCIL ...... 431 3,547,205 MANILAQ ASSOCIATION ...... 435 1,296,256 MANZANITA BAND OF MISSION INDIANS ...... 440 170,475 MASHANTUCKET PEQUOT TRIBE ...... 445 570,218
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional List (part 1 of 2); Alphabetical order—by organization]
1993 BIA Tribe/Organization Control No. expenditures
MENOMINEE INDIAN TRIBE OF WISCONSIN ...... 450 7,318,025 MESA GRANDE BAND OF MISSION INDIANS ...... 453 14,946 MESCALERO APACHE TRIBE ...... 455 2,007,517 METLAKATLA INDIAN COMMUNITY ...... 456 4,118,183 MIAMI TRIBE OF OKLAHOMA ...... 459 87,088 MUCCOSUKEE TRIBE OF INDIANS OF FLORIDA ...... 461 5,316,211 MILLE LACS BAND OF CHIPPEWA INDIANS (INCLUDES MILL ...... 463 3,196,856 MINNESOTA CHIPPEWA TRIBAL EXECUTIVE COMMITTEE ...... 464 2,847,198 MISSISSIPPI BAND OF CHOCTAW INDIANS ...... 466 19,718,975 MOAPA BAND OF PAIUTES ...... 467 256,303 MUCKLESHOOT TRIBAL COUNCIL ...... 473 2,278,536 MUSCOGEE (CREEK) NATION OF OKLAHOMA ...... 475 5,975,572 NARRAGANSETT INDIAN TRIBE ...... 484 1,585,254 NAVAJO—TOHATCHI SPECIAL EDUCATION & TRAINING CEN ...... 1044 1,144,290 NAVAJO AREA SCHOOL BOARD ASSOC., INC ...... 1043 997,352 NAVAJO NATION ...... 488 89,683,454 NAVAJO PREPARATORY SCHOOL, INC...... 489 2,091,269 NEZ PERCE TRIBE ...... 502 2,925,810 NINILCHIK VILLAGE ...... 506 88,190 NISQUALLY INDIAN COMMUNITY COUNCIL ...... 507 1,624,556 NOME ESKIMO COMMUNITY ...... 511 723,663 NOOKSACK INDIAN TRIBE ...... 515 626,090 NORTHERN ARAPAHO TRIBE ...... 37 140,790 NORTHERN CHEYENNE TRIBAL SCHOOLS ...... 518 1,518,429 NORTHERN CHEYENNE TRIBE ...... 519 4,243,762 NORTHWEST INDIAN COLLEGE ...... 983 1,802,390 NORTHESET INDIAN FISHERIES COMMISSION ...... 521 4,672,570 NORTHWEST INTERTRIBAL COURT SYSTEM ...... 1065 819,622 NORTHWESTERN BAND OF THE SHOSHONI NATION ...... 522 294,918 OGLALA LAKOTA COLLEGE ...... 917 2,634,108 OGLALA SIOX DEPT. OF PUBLIC SAFETY ...... 1037 3,213,585 OGLALA SIOX PARKS & RECREATION AUTHORITY ...... 1042 330,158 OGLALA SIOUX TRIBE ...... 528 7,718,221 OMAHA TRIBE OF NEBRASKA ...... 534 2,578,480 ONEIDA TRIBE OF INDIANS OF WISCONSIN ...... 536 3,375,812 ORGANIZED VILLAGE OF KAKE ...... 338 1,034,041 ORUTSARARMUIT NATIVE COUNCIL ...... 66 960,258 OSAGE TRIBE OF INDIANS OF OKLAHOMA ...... 540 556,425 OTOE-MISSOURIA TRIBE OF OKLAHOMA ...... 542 589,598 PAIUTE INDIAN TRIBE OF UTAH ...... 548 720,711 PASCUA YAQUI TRIBE OF ARIZONA ...... 552 2,098,993 PASSAMAQUODDY TRIBE-PLEASANT POINT ...... 555 1,441,729 PASSAMAQUODDY TRIBE-INDIAN TOWNSHIP ...... 334 1,656,079 PAUMA BAND OF MISSION INDIANS ...... 557 134,990 PAWNEE NATION OF OKLAHOMA ...... 558 51,737 PENOBSCOT INDIAN NATION ...... 561 2,630,292 PLEASEANT POINT SCHOOL/MAINE INDIAN EDUCATION ...... 430 3,441,565 POARCH BAND OF CREEK INDIANS ...... 584 1,809,323 POINT NO POINT TREATY COUNCIL ...... 587 2,250,521 PONCA TRIBE OF OKLAHOMA ...... 591 573,197 PORT GAMBLES S’KLALLAM TRIBE ...... 593 1,782,476 PRAIRIE BAND OF POTAWATOMI INDIANS ...... 599 576,990 PUEBLO DE SAN FELIPE ...... 663 372,618 PUEBLO OF ACOMA ...... 2 1,673,414 PUEBLO OF ISLETA ...... 322 1,493,582 PUEBLO OF JEMEZ ...... 330 474,655 PUEBLO OF LAGUNA ...... 395 5,330,977 PUEBLO OF NAMBE ...... 479 324,349 PUEBLO OF PICURIS ...... 566 336,762 PUEBLO OF SANTA ANA ...... 674 306,039 PUEBLO OF TAOS ...... 778 1,575,756 PUELBO OF SANTA CLARA ...... 603 1,085,182 PUYALLUP TRIBE OF INDIANS ...... 604 4,346,464 PYRAMID LAKE PAIUTE TRIBAL COUNCIL ...... 606 2,719,352 QUAPAW TRIBE OF OKLAHOMA ...... 609 198,722 QUECHAN INDIAN TRIBE ...... 611 1,837,056 QUILEUTE TRIBAL ...... 612 2,561,532 QUINAULT INDIAN NATION ...... 614 10,697,379 RAMAH NAVAJO SCHOOL BOARD INC ...... 615 8,285,404
VerDate Jan<31>2003 17:27 May 14, 2003 Jkt 200001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1 26334 Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003 / Notices
ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional List (part 1 of 2); Alphabetical order—by organization]
1993 BIA Tribe/Organization Control No. expenditures
RED CLIFF BAND OF LAKE SUPERIOR CHIPPEWA ...... 621 1,069,878 RED LAKE BAND OF CHIPPEWAS INDIANS ...... 623 4,393,457 REDDING RANCHERIA ...... 629 199,816 RENO-SPARKS INDIAN COLONY ...... 631 657,671 ROCK POINT COMMUNITY SCHOOL ...... 638 4,039,611 ROSEBUD SIOUX TRIBE ...... 641 5,689,843 SAC & FOX NATION OF OKLAHOMA ...... 651 1,435,159 SAC AND FOX TRIBAL OF THE MISSISSIPPI IN IOWA ...... 653 1,019,606 SAGINAW CHIPPEWA TRIBAL COUNCIL ...... 655 1,112,858 SALISH KOOTENAI COLLEGE ...... 998 2,520,842 SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY ...... 660 2,925,067 SAN CARLOS APACHE TRIBE ...... 662 8,924,947 SAN JUAN PUEBLO TRIBAL COUNCIL ...... 666 748,666 SAN JUAN SOUTHERN PAIUTE COUNCIL ...... 667 380,267 SANTEE SIOUX TRIBE OF NEBRASKA ...... 683 570,245 SAUK-SUIATTLE TRIBAL COUNCIL ...... 685 187,567 SAULT STE, MARIE TRIBE OF CHIPPEWA INDIANS ...... 686 3,186,096 SEMINOLE NATION OF OKLAHOMA ...... 695 1,193,223 SEMINOLE TRIBE OF FLORIDA ...... 696 4,830,423 SENECA NATION OF INDIANS ...... 697 944,922 SENECA-CAYUGA TRIBE OF OKLAHOMA ...... 698 327,036 SHERWOOD VALLEY BAND OF POMO INDIANS ...... 706 73,250 SHOALWATER BAY INDIAN TRIBE ...... 712 359,218 SHOSHONE-BANNOCK TRIBE ...... 718 4,403,788 SHOSHONE-PALUTE TRIBES OF THE DUCK VALLEY INDIAN R ...... 217 1,963,287 SINTE GLESKA UNIVERSITY ...... 720 2,539,828 SISSETON-WAHPETON SCHOOL BOARD—TIOSPA ZINA TRIB ...... 796 2,506,011 SISSETON-WAHPETON SIOUX TRIBE ...... 721 2,715,330 SISSETON-WAHPETON SIOUX TRIBE ...... 721 2,715,330 SITKA TRIBE OF ALASKA ...... 722 1,878,699 SKAGIT SYSTEM COOPERATIVE ...... 1071 1,118,489 SKOKOMISH INDIAN TRIBE ...... 724 605,857 SKY PEOPLE EDUCATION COMMITTEE ...... 1072 188,003 SOUTHERN UTE INDIAN TRIBE ...... 740 3,132,581 SPIRIT LAKE TRIBE (FMA DEVILS LAKE SIOUX TRIBE) ...... 741 1,334,823 SPOKANE TRIBE OF INDIANS ...... 742 2,285,294 SQUAXIN ISLAND TRIBE ...... 743 1,281,992 ST. STEPHENS INDIAN SCHOOL ...... 746 2,403,284 ST. CROIX TRIBAL COUNCIL ...... 747 884,179 ST. REGIS MOHAWK TRIBE ...... 749 1,190,245 STANDING ROCK SIOUX TRIBE ...... 752 6,148,190 STILLAGUAMISH TRIBE OF INDIANS ...... 759 708,545 STOCKBRIDGE-MUNSEE COMMUNITY ...... 760 476,759 SUMMIT LAKE PAIUTE TRIBE ...... 764 271,909 SUQUAMISH TRIBE ...... 765 2,188,253 SUSANVILLE INDIAN RANCHERIA ...... 766 96,818 SWINOMISH INDIAN TRIBAL COMMUNITY ...... 768 2,159,155 TANANA CHIEFS CONFERENCE ...... 776 5,016,231 TE-MOAK TRIBE OF WESTERN SHOSHONE ...... 786 794,024 THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION ...... 178 6,178,972 THE HOPI CREDIT ASSOCIATION ...... 789 1,168,878 THE TORRES MARTINEZ DESERT CAHUILLA INDIANS ...... 809 366,142 THREE AFFILIATED TRIBES OF NORTH DAKOTA ...... 794 4,406,092 TOHONO O’ODHAM NATION ...... 800 9,825,839 TOIYABE INDIAN HEALTH PROJECT, INC...... 801 265,069 TONKAWA TRIBE OF OKLAHOMA ...... 806 179,828 TULALIP TRIBES OF WASHINGTON ...... 817 2,231,866 TULE RIVER INDIAN TRIBE ...... 818 519,067 TUNICA-BILOXI INDIAN TRIBE OF LOUISIANA ...... 820 583,456 TURTLE MOUNTAIN BAND OF CHIPPEWA ...... 824 9,977,925 TURTLE MOUNTAIN COMMUNITY COLLEGE ...... 825 1,689,949 UNITED SIOUX TRIBES ...... 846 116,012 UNITED TRIBES TECHNICAL COLLEGE ...... 847 3,683,524 UPPER SIOUX COMMUNITY ...... 852 439,712 UPER SKAGIT TRIBAL COUNCIL ...... 853 506,923 UTE INDIAN TRIBE-UINTAH & OURAY RESERVATION ...... 854 1,016,724 UTE MOUNTAIN UTE TRIBE ...... 855 6,672,883 VALDEZ NATIVE ASSOCIATION ...... 856 58,510 WALKER RIVER PAIUTE TRIBE ...... 864 1,410,644
VerDate Jan<31>2003 17:27 May 14, 2003 Jkt 200001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003 / Notices 26335
ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional List (part 1 of 2); Alphabetical order—by organization]
1993 BIA Tribe/Organization Control No. expenditures
WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH) ...... 865 1,014,577 WASHOE TRIBE OF NEVADA AND CALIFORNIA ...... 870 849,039 WHITE EARTH BAND OF CHIPPEWA INDIANS ...... 875 3,999,788 WHITE MOUNTAIN APACHE ...... 876 6,755,079 WICHITA AND AFFILIATED TRIBES ...... 881 154,425 WINGATE BOARD OF EDUCATION, INC...... 1033 675,420 WINNEBAGO TRIBE OF NEBRASKA ...... 884 951,502 WYANDOTTE TRIBE OF OKLAHOMA ...... 9889 170,656 YAKUTAT TLINGIT TRIBE/YAKUTAT NATIVE ASSOCIATION ...... 892 467,486 YANKTON SIOUX TRIBE ...... 893 769,742 YAVAPAI-PRESCOTT BOARD OF DIRECTORS ...... 895 294,266 YERINGTON PAIUTE TRIBE ...... 896 444,898 YOMBA SHOSHONE TRIBE ...... 897 159,649 YSLETA DEL SUR PUEBLO ...... 898 1,210,587 ZIA PUEBLO, AKA PUEBLO OF ZIA ...... 901 190,764 ZUNI PUEBLO ...... 902 4,134,997
Total BIA expenditures on file ...... 654,470,924 Note: If 1993 BIA expenditure information existed in settlement administrator’s files it is listed above. If no 1993 expenditure information exists in the settlement administor’s files then your entity should be listed on part two to the provisional list. A school grantee’s presence on this listing does not mean that you qualify as a member. Please see claim form.
ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
AFOGNAK NATIVE VILLAGE ...... 3 AGDAAGUX TRIBE OF KING COVE ...... 4 AGUA CALIENTE BAND OF CAHUILLA INDIANS ...... 5 AHFACHKEE DAY SCHOOL ...... 6 AHMIUM EDUCATION INC ...... 7 AK CHIN INDIAN COMMUNITY ...... 8 AK CHIN INDIAN COMMUNITY COUNCIL ...... 9 AKHIOK VILLAGE ...... 10 AKIAK NATIVE COMMUNITY (IRA) ...... 12 AKUTAN VILLAGE ...... 13 ALABAMA-QUASSARTE TRIBAL TOWN ...... 15 ALAKANUK VILLAGE ...... 16 ALAMO-NAVAJO INDIAN RESERVATION ...... 18 ALASKA NATIVE FOUNDATION ...... 1074 ALATNA VILLAGE ...... 19 ALEKNAGIK VILLAGE ...... 20 ALEUT COMMUNITY OF ST PAUL ISLAND ...... 21 ALGAACIQ VILLAGE (AKA ST MARYS) ...... 23 ALLAKAKET VILLAGE ...... 25 ALSO’ BIYA’ AZH COMMUNITY SCHOOL (SHIPROCK ELEMENT ...... 903 ALTURAS RANCHERIA ...... 26 AMBLER VILLAGE ...... 27 AMERICAN HORSE SCHOOL ...... 904 AMERICAN INDIAN CENTER OF CENTRAL CALIFORNIA ...... 28 AMERICAN INDIAN CHILD RESOURCE CENTER ...... 29 ANAKTUVUK PASS VILLAGE ...... 30 ANDREAFSKI VILLAGE ...... 31 ANETH CHAPTER ...... 32 ANETH COMMUNITY SCHOOL ...... 905 ANGOON VILLAGE (IRA) ...... 33 ANIAK VILLAGE ...... 34 ANNETTE ISLAND-METLAKATLA INDIAN COMMUNITY ...... 1045 ANVIK VILLAGE ...... 35 APACHE TRIBE OF OKLAHOMA ...... 36 ARCTIC VILLAGE ...... 39 AROOSTOOK BAND OF MICMAC INDIANS ...... 40 ASA’CARSARMIUT TRIBAL COUNCIL ...... 41 ATKA VILLAGE (IRA) ...... 44 ATMUATHLUAK VILLAGE ...... 45 ATQASUK VILLAGE ...... 46
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
ATSA’BI’YAAZH COMMUNITY SCHOOL ...... 47 AUBURN RANCHERIA ...... 48 AUGUSTINE BAND OF MISSION INDIANS ...... 49 AZTEC DOMITORY ...... 906 BACA COMMUNITY SCHOOL ...... 907 BACA/HAYSTACK CHAPTER ...... 50 BAHWETING ANISHINABE SCHOOL ...... 52 BARONA—CAPITAN GRANDE DIEGUENO TRIBE ...... 53 BARROW VILLAGE ...... 54 BATTLE MOUNTAIN BAND COUNCIL ...... 55 BEADSPRINGS CHAPTER ...... 57 BEAR RIVER BANK OF ROHNERVILLE RANCHERIA ...... 58 BEATRICE RAFFERTY SCHOOL ...... 59 BEAVER VILLAGE ...... 60 BECENTI CHAPTER ...... 61 BECLABITO CHAPTER ...... 62 BECLABITO DAY SCHOOL ...... 909 BELKOFSKI VILLAGE ...... 63 BENTON PAIUTE RESERVATION ...... 64 BENTON PAIUTE TRIBE ...... 836 BERRY CREEK RANCHERIA OF MAIDU INDIANS ...... 65 BIG SANDY RANCHERIA OF MONO INDIANS ...... 69 BIG VALLEY RANCHERIA ...... 70 BILL MOORE’S SLOUGH ELDER’S COUNCIL ...... 71 BIRCH CREEK VILLAGE ...... 72 BIRDSPRINGS CHAPTER ...... 73 BLACK MESA CHAPTER ...... 75 BLACK MESA COMMUNITY SCHOOL BOARD, INC ...... 76 BLACKFEET COMMUNITY COLLEGE ...... 910 BLACKFEET DORMITORY ...... 911 BLACKWATER COMMUNITY SCHOOL ...... 912 BODAWAY CHAPTER ...... 80 BOIS FORTE RESERVATION BUSINESS COMMITTEE ...... 81 BOQUE CHITTO ELEMENTARY SCHOOL ...... 82 BREAD SPRINGS DAY SCHOOL ...... 913 BREVIG MISSION VILLAGE ...... 83 BRIDGEPORT PAIUTE INDIAN COLONY ...... 84 BRISTOL BAY NATIVE ASSOCIATION ...... 1046 BUCKLAND VILLAGE (IRA) ...... 85 BUENA VISTA RANCHERIA OF MEWUK INDIANS ...... 86 BUG-O-NAY-GE-SHIG SCHOOL ...... 87 BURNHAM CHAPTER ...... 88 BUTTE COUNTY OFFICE OF EDUCATION ...... 90 CABAZON BAND OF MISSION INDIANS ...... 91 CACHIL DEHE BAND OF WINTUN INDIANS ...... 92 CAHTO INDIAN TRIBE ...... 94 CALIFORNIA INDIAN MANPOWER CONSORTIUM, INC ...... 180 CAMERON CHAPTER ...... 96 CANKDESKA CIKANA COMMUNITY COLLEGE ...... 914 CANONCITO CHAPTER ...... 98 CANTWELL VILLAGE ...... 99 CAPITAN GRANDE BAND OF MISSION INDIANS ...... 100 CARSON COLONY COMMUNITY COUNCIL ...... 101 CARTER SEMINARY ...... 915 CASE BLANCA DAY SCHOOL ...... 916 CASAMERO LAKE CHAPTER ...... 102 CATAWBA INDIAN NATION ...... 103 CATAWBA INDIAN TRIBE ...... 104 CAYUGA NATION ...... 105 CEDARVILLE RANCHERIA ...... 106 CEDARVILLE RANCHERIA OF NORTHERN PAIUTE INDIANS ...... 107 CENTRAL TRIBES OF THE SHAWNEE AREA INC ...... 109 CENTRAL UNION ELEMENTARY SCHOOL DISTRICT ...... 110 CHALKYITSIK VILLAGE ...... 111 CHAWANAKEE JOINT UNITED SCHOOL DISTRICT ...... 112 CHEFORNAK VILLAGE ...... 113 CHEMAWA INDIAN SCHOOL ...... 918 CHEMEHUEVI TRIBAL COUNCIL ...... 115 CHENEGA IRA COUNCIL ...... 116 CHEROKEE CENTRAL ELEMENTARY SCHOOL ...... 119
VerDate Jan<31>2003 17:27 May 14, 2003 Jkt 200001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003 / Notices 26337
ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
CHEROKEE CENTRAL HIGH SCHOOL ...... 919 CHEVAK VILLAGE ...... 121 CHEYENNE-EAGLE BUTTE SCHOOL ...... 921 CHICHHILTAH CHAPTER ...... 124 CHI-CH’IL’TAH/JONES RANCH COMMUNITY SCHOOL ...... 922 CHICKALOON NATIVE VILLAGE ...... 125 CHICKEN RANCH BAND OF ME-WUK INDIANS ...... 127 CHICO RANCHERIA ...... 128 CHIEF LESCHI SCHOOL SYSTEM (PUYALLUP) ...... 129 CHIGNIK LAGOON VILLAGE ...... 130 CHIGNIK LAKE VILLAGE ...... 131 CHIGNIK VILLAGE ...... 132 CHILCHINBETO COMMUNITY SCHOOL, INC. (FKA CHILCHINB ...... 923 CHILKAT INDIAN VILLAGE (IRA) ...... 133 CHILKOOT INDIAN ASSN (IRA) ...... 134 CHINIK ESKIMO COMMUNITY ...... 135 CHINLCHINBETO CHAPTER ...... 136 CHINLE BOARDING SCHOOL ...... 924 CHINLE CHAPTER ...... 137 CHISTOCHINA VILLAGE ...... 139 CHITIMACHA DAY SCHOOL ...... 140 CHITINA VILLAGE ...... 142 CHOCTAW CENTRAL HIGH SCHOOL ...... 925 CHOCTAW CENTRAL MIDDLE SCHOOL ...... 143 CHOTAW CENTRAL HIGH SCHOOL ...... 145 CHOTAW FIELD OFFICE ...... 146 CHUATHBALUK VILLAGE ...... 147 CHUGACH REGIONAL RESC COMMISSION ...... 148 CHULOONAWICK NATIVE VILLAGE ...... 150 CHURCH ROCK CHAPTER ...... 151 CHUSKA COMMUNITY SCHOOL ...... 926 CIBECUE COMMUNITY EDUCATION BOARD, INC ...... 152 CIKANA COMMUNITY COLLEGE (formerly Little Hoop) ...... 1072 CIRCLE NATIVE COMMUNITY (IRA) ...... 153 CIRCLE OF LIFE SURVIVAL SCHOOL ...... 154 CIRCLE OF NATIONS SCHOOL ...... 155 CLARKS POINT VILLAGE ...... 157 CLOVERDALE RANCHERIA OF POMO INDIANS ...... 158 CLOVIS UNIFIELD SCHOOL DISTIRCT ...... 159 COALMINE MESA CHAPTER ...... 160 COCHITI PUEBLO ...... 162 COCOPAH TRIBAL COUNCIL ...... 163 COEUR D’ALENE TRIBAL SCHOOL ...... 165 COLD SPRINGS RANCHERIA OF MONO INDIANS ...... 166 COLUSA COUNTY OFFICE OF EDUCATION ...... 168 COLUSA RANCHERIA ...... 169 COLVILLE BUSINESS COUNCIL ...... 170 CONEHATTA ELEMENTARY SCHOOL ...... 172 CONFEDERATED TRIBES OF THE GOSHUTE RESERVATION ...... 268 COPPER CENTER VILLAGE ...... 182 COPPERMINE ...... 184 CORNFIELDS CHAPTER ...... 186 CORTINA BAND OF WINTUN INDIANS ...... 187 COTTONWOOD DAY SCHOOL ...... 928 COUNCIL VILLAGE ...... 188 COUNSELOR CHAPTER ...... 189 COUNTY INDIAN HEALTH INC ...... 190 COVE CHAPTER ...... 192 COVE DAY SCHOOL ...... 929 COVELO INDIAN COMMUNITY COLLEGE/ROUND VALLEY RESER ...... 1049 COVELO INDIAN COMMUNITY COUNCIL ...... 1050 COYOTA VALLEY RESERVATION ...... 630 COYTE CANYON ...... 194 COYOTE VALLEY TRIBAL COUNCIL ...... 195 CRAIG COMMUNITY ASSN (IRA) ...... 196 CRAZY HORSE SCHOOL ...... 930 CROOKED CREEK VILLAGE ...... 197 CROW CREEK RESERVATION HIGH SCHOOL ...... 931 CROW CREEK SIOUX TRIBAL ELEMENTARY SCHOOL ...... 932 CROW CREEK SIIOUX TRIBAL HIGH SCHOOL & CROW CREEK S ...... 199
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
CROWNPOINT CHAPTER ...... 201 CRYSTAL BOARDING SCHOOL ...... 933 CRYSTAL CHAPTER ...... 202 CUDELL CHAPTER ...... 203 CURYUNG TRIBAL COUNCIL ...... 204 CUYAPAIPE BAND OF MISSION INDIANS ...... 205 DAKOTA PLAINS INSTITUTE OF LEARNING ...... 1051 DEERING VILLAGE (IRA) ...... 206 DELAWARE TRIBE OF INDIANS OF EAST OK ...... 207 DELAWARE TRUST BOARD ...... 209 DENNEHOTSO BOARDING SCHOOL ...... 934 DENNEHOTSO CHAPTER ...... 210 DIBE YAZHI HABITIIN OLTA, INC. (BORREGO, PASS) ...... 935 DILCON BOARDING SCHOOL ...... 936 DILKON CHAPTER ...... 211 DILLINGHAM VILLAGE ...... 212 DINE COLLEGE ...... 937 DIOMEDE VILLAGE (IRA) ...... 213 DLO’AY AZHI COMMUNITY SCHOOL (THOREAU) ...... 938 DOT LAKE VILLAGE ...... 214 DOUGLAS INDIAN ASSN (IRA) ...... 215 D–Q UNIVERSITY ...... 939 DRY CREEK RANCHERIA ...... 216 DUCKWATER SHOSHONE ELEMENTARY SCHOOL ...... 218 DZILTH-NA-O-DITH-HLE COMMUNITY SCHOOL ...... 941 EAGLE VILLAGE COUNCIL ...... 220 EASTERN BAND OF CHEROKEE INDIANS ...... 221 EEDA CONSORTIUM OF TRIBES ...... 1052 EEK VILLAGE ...... 224 EGEGIK VILLAGE ...... 225 EKLUTNA VILLAGE ...... 227 EKUK VILLAGE ...... 228 EKWOK VILLAGE ...... 229 ELEM INDIAN COLONY OF POMO INDIANS ...... 230 ELIM VILLAGE (IRA) ...... 231 ELKO BANK COUNCIL ...... 233 EMMONAK VILLAGE ...... 235 ENEMY SWIM DAY SCHOOL ...... 236 ENTERPRISE RANCHERIA OF ESTOM YUMEKA MAIDU ...... 237 EUFAULA DORMITORY ...... 942 EVANSVILLE VILLAGE ...... 238 FALSE PASS VILLAGE ...... 242 FIVE SANDOVAL INDIAN PUEBLO, INC...... 1075 FLAGSTAFF BORDERTOWN DORMITORY ...... 243 FLANDREAU INDIAN BOARDING SCHOOL ...... 943 FOND DU LAC BANK OF LAKE SUPERIOR CHIPPEWA ...... 245 FOND DU LAC RESERVATION BUSINESS COMMITTEE ...... 247 FOND DU LAC TRIBAL & COMMUNITY COMMUNITY COLLEGE ...... 944 FOREST LAKE CHAPTER ...... 249 FORT BELKNAP COMMUNITY COLLEGE ...... 945 FORT BELKNAP INDIAN COMMUNITY GROS VENTRE & ASSINI ...... 276 FORT BERTHOLD COMMUNITY COLLEGE ...... 946 FORT DEFIANCE CHAPTER ...... 252 FORT HALL BUSINESS COUNCIL ...... 253 FORT INDEPENDENCE PAIUTE INDIAN COMMUNITY ...... 254 FORT MCDERMITT TRIBAL COUNCIL ...... 255 FORT PECK COMMUNITY COLLEGE ...... 947 FORT PECK TRIBAL EXECUTIVE BOARD ...... 258 FORT SILL APACHE TRIBE OF OKLAHOMA ...... 259 FOUR WINDS ELEMENTARY (TATE TOPA TRIBAL SCHOOL) ...... 779 GAKONA VILLAGE COUNCIL ...... 261 GALENA VILLAGE ...... 262 GAMBELL VILLAGE ...... 263 GANADO CHAPTER ...... 264 GEORGETOWN VILLAGE ...... 265 GILA CROSSING DAY SCHOOL ...... 948 GRAYLING VILLAGE (IRA) (HOLIKACHUK) ...... 271 GREASEWOOD SPRINGS COMMUNITY SCHOOL INC ...... 272 GREAT LAKES INTER-TRIBAL COUNCIL ...... 1053 GREENVILLE RANCHERIA OF MAIDU INDIANS ...... 273
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
GREYHILLS ACADEMY HIGH SCHOOL ...... 274 GRINDSTONE INDIAN RANCHERIA OR WINTUN-NOMOLAKI ...... 275 GUIDIVILLE BANK OF POMO INDIANS ...... 277 GULKANA VILLAGE COUNCIL ...... 278 HAMILTON VILLAGE ...... 279 HANNAHVILLE INDIAN COMMUNITY COUNCIL ...... 281 HARD ROCK CHAPTER ...... 282 HASKELL INDIAN NATIONS UNIVERSITY ...... 949 HAVASUPAI SCHOOL ...... 283 HEALY LAKE VILLAGE ...... 285 HOGBACK CHAPTER ...... 287 HOLBROOK DORMITORY ...... 950 HOLY CROSS VILLAGE ...... 289 HOONAH INDIAN ASSN (IRA) ...... 290 HOOPER BAY VILLAGE ...... 292 HOPI CREDIT ASSOCIATION ...... 1054 HOPI DAY SCHOOL ...... 951 HOPI DAY SCHOOL ...... 293 HOPI HIGH SCHOOL ...... 294 HOPLAND BAND OF POMO INDIANS ...... 296 HOTEVILLA BACAVI COMMUNITY SCHOOL ...... 297 HOUCK CHAPTER ...... 298 HUERFANO CHAPTER ...... 301 HUERFANO DORMITORY ...... 952 HUGHES VILLAGE ...... 302 HUNTERS POINT BOARDING SCHOOL ...... 953 HURON POTAWATOMI INC ...... 303 HUSLIA VILLAGE ...... 304 HYDABURG COOPERATIVE ASSN (IRA) ...... 305 IGIUGIG VILLAGE ...... 306 ILIAMNA VILLAGE ...... 307 INAJA-COSMIT BAND OF MISSION INDIANS ...... 308 INDIAN CHILD & FAMILY SERVICES ...... 309 INDIAN HEALTH COUNCIL INC ...... 310 INDIAN ISLAND SCHOOL ...... 311 INDIAN TOWNSHIP SCHOOL ...... 312 INDIAN TOWNSHIP SCHOOL ...... 954 INDIAN TOWNSHIP—PASSAMAQUODDY ...... 313 INDIAN WELLS CHAPTER ...... 314 INSCRIPTION HOUSE CHAPTER ...... 315 INTER-TRIBAL COUNCIL OF CA INC ...... 316 INTER-TRIBAL COUNCIL OF OKLAHOMA ...... 1056 INUPIAT COMMUNITY OF ARCTIC SLOPE (IRA) ...... 317 IONE BAND OF MIWOK INDIANS ...... 318 IOWA TRIBE OF KANSAS-NEBRASKA ...... 319 IQURMUIT VILLAGE (RUSSIAN MISSION) ...... 321 ISLETA ELEMENTARY SCHOOL ...... 955 IVANOF BAY VILLAGE ...... 323 IYANBITO CHAPTER ...... 324 JACKSON BAND OF MI-WUK INDIANS ...... 325 JACKSON RANCHERIA ...... 326 JAMUL INDIAN VILLAGE ...... 328 JEDDITO CHAPTER ...... 329 JEMEZ DAY SCHOOL ...... 956 JENA BAND OF CHOCTAWS ...... 331 JICARILLA DORMITORY ...... 333 JOHN F. KENNEDY DAY SCHOOL ...... 957 JONES ACADEMY ...... 958 KAGUYAK VILLAGE ...... 335 KAIBAB-PAIUTE TRIBAL COUNCIL ...... 336 KAIBETO BOARDING SCHOOL ...... 959 KAIBETO CHAPTER ...... 337 KAKTOVIK VILLAGE ...... 339 KALTAG VILLAGE ...... 342 KANATAK NATIVE VILLAGE ...... 343 KARLUK VILLAGE (IRA) ...... 344 KASHIA BAND OF POMO INDIANS ...... 347 KASIGLUK VILLAGE ...... 348 KAYENTA BOARDING SCHOOL ...... 960 KAYENTA CHAPTER ...... 351
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
KEAMS CANYON BOARDING SCHOOL ...... 961 KIALEGEE TRIBAL TOWN ...... 355 KIAWOCK CORPORATIVE ASSN (IRA) ...... 357 KICKAPOO NATION SCHOOL ...... 962 KICKAPOO TRADITIONAL TRIBE OF TEXAS ...... 358 KING COVE VILLAGE ...... 361 KING ISLAND NATIVE COMMUNITY (IRA) ...... 362 KINGS CANYON UNIFIED SCHOOL DISTRICT ...... 363 KINLICHEE BOARDING SCHOOL ...... 963 KINLICHEE CHAPTER ...... 364 KIPNUK VILLAGE ...... 366 KLAGETOH CHAPTER ...... 368 KLAWOCK COOPERATIVE ASSN (IRA) ...... 370 KNIK VILLAGE ...... 371 KOBUK VILLAGE ...... 372 KODIAK TRIBAL COUNCIL ...... 374 KOKHANOK VILLAGE ...... 375 KOLIGANEK VILLAGE ...... 376 KONGIGANAK VILLAGE ...... 377 KOTLIK TRADITIONAL COUNCIL ...... 379 KOYUKUK VILLAGE ...... 382 KUIGPAGMIUT INC ...... 383 KWINHAGAK VILLAGE (IRA) (AKA QUINHAGAK) ...... 387 LA JOLLA BAND OF INDIANS ...... 388 LA JOLLA BAND OF LUISENO INDIANS ...... 753 LA POSTA BAND OF MISSION INDIANS ...... 389 LAC COURTE OREILLES INDIAN RESERVATION ...... 390 LAC COURTE OREILLES OJIBWA COMMUNITY COLLEGE ...... 964 LAGUNA ELEMENTARY SCHOOL ...... 965 LAGUNA MIDDLE SCHOOL ...... 394 LAKE VALLEY CHAPTER ...... 396 LAKE VALLEY NAVAJO SCHOOL ...... 966 LARSEN BAY VILLAGE ...... 397 LAYTONVILLE RANCHERIA ...... 399 LECHEE CHAPTER ...... 400 LEECH LAKE TRIBAL COLLEGE ...... 967 LEISNOI VILLAGE (AKA WOODY ISLAND) ...... 402 LEUPP CHAPTER ...... 403 LEUPP SCHOOLS INC...... 404 LEUPP SCHOOLS, INCORPORATED ...... 968 LEVELOCK VILLAGE ...... 405 LIME VILLAGE ...... 406 LITTLE BIG HORN COLLEGE ...... 969 LITTLE EAGLE DAY SCHOOL ...... 970 LITTLE PRIEST TRIBAL COLLEGE ...... 971 LITTLE RIVER BAND OF OTTAWA INDIANS INC ...... 407 LITTLE SINGER COMMUNITY SCHOOL, INC ...... 408 LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS ...... 409 LITTLE WATER CHAPTER ...... 410 LITTLE WOUND SCHOOL ...... 411 LOCAL INDIAN EDUCATION COMMITTEE, INC...... 1058 LONE PINE RESERVATION ...... 412 LONEMAN DAY SCHOOL ...... 413 LOS COYOTES BAND OF INDIANS ...... 414 LOUDEN TRIBAL COUNCIL ...... 415 LOVELOCK TRIBAL COUNCIL ...... 416 LOW MOUNTAIN ...... 417 LOW MOUNTAIN BOARDING SCHOOL ...... 972 LOWER BRULE DAY SCHOOL ...... 418 LOWER GREASEWOOD CHAPTER ...... 421 LOWER KALSKAG VILLAGE ...... 422 LOWER SIOUX INDIAN COMMUNITY COUNCIL ...... 423 LOWER SIOUX INDIAN COMMUNITY OF MINNESOTA ...... 424 LUKACHUKAI BOARDING SCHOOL ...... 973 LUKACHUKAI CHAPTER ...... 425 LUMMI COMMUNITY COLLEGE ...... 1059 LUMMI TRIBAL SCHOOL SYSTEM ...... 427 LUPTON CHPTER ...... 428 LYTTON BAND OF POMO INDIANS ...... 429 MAKAH TRIBE ...... 432
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
MANCHESTER-POINT ARENA BAND OF POMO INDIANS ...... 433 MANDAREE DAY SCHOOL ...... 434 MALEY HOT SPRINGS VILLAGE ...... 436 MAOKOTAK VILLAGE ...... 437 MANUELITO CHAPTER ...... 438 MANY FARMS CHAPTER ...... 439 MANY FARMS HIGH SCHOOL ...... 974 MARIANO LAKE CHAPTER ...... 441 MARIANO LAKE COMMUNITY SCHOOL ...... 975 MARSHALL VILLAGE ...... 442 MARTY INDIAN SCHOOL ...... 443 MARYSVILLE JOINT UNION SCHOOL DISTRICT ...... 444 MC GRATH NATIVE VILLAGE ...... 446 MECHOOPDA INDIAN TRIBE ...... 447 MEDICINE CREEK TRIBAL COLLEGE ...... 976 MEKORYUK VILLAGE (IRA) ...... 448 MENOMINEE FORESTRY CENTER ...... 449 MENOMINEE TRIBAL SCHOOL ...... 451 MENTASTA LAKE VILLAGE ...... 452 MESCALERO APACHE SCHOOL ...... 454 MEXICAN SPRINGS CHAPTER ...... 457 MICCOSUKEE INDIAN SCHOOL ...... 460 MIDDLETOWN RANCHERIA OF POMO INDIANS ...... 462 MINTO VILLAGE (IRA) ...... 465 MODOC TRIBE OF OKLAHOMA ...... 468 MOENCOPI DAY SCHOOL ...... 977 MOHAVE-APACHE COMMUNITY COUNCIL ...... 469 MOHEGAN TRIBE OF INDIANS OF CONNECTICUT ...... 470 MORONGO BAND OF MISSION INDIANS ...... 472 MUCKLESHOOT TRIBAL SCHOOL ...... 474 NAGEEZI CHAPTER ...... 476 NAHODISHGISH/DALTON PASS CHAPTER ...... 477 NAKNEK VILLAGE ...... 478 NA’NEELZHIIN JI’OLTA (TORREON) ...... 978 NANWALEK VILLAGE (IRA) ...... 480 NAPAIMUTE VILLAGE ...... 481 NAPAKIAK VILLAGE (IRA) ...... 482 NAPASKIAK VILLAGE ...... 483 NASCHITTI CHAPTER ...... 485 NATIVE AMERICAN FAMILY SERVICES INC ...... 486 NATIVE AMERICAN FISH & WILDLIFE SOCIETY ...... 1061 NATIVE VILLAGE OF EYAK ...... 239 NATIVE VILLAGE OF FORT YUKON ...... 260 NATIVE VILLAGE OF GOODNEWS BAY ...... 267 NATIVE VILLAGE OF KALSKAG ...... 341 NATIVE VILLAGE OF KIVALINA ...... 367 NATIVE VILLAGE OF KOTZEBUE (KOTZEBUE VILLAGE (IRA) ...... 380 NATIVE VILLAGE OF KOYUK (IRA) ...... 381 NATIVE VILLAGE OF POINT LAY (IRA) ...... 586 NATIVE VILLAGE OF PORT LIONS ...... 596 NATIVE VILLAGE OF SAVOONGA IRA ...... 687 NATIVE VILLAGE OF SOUTH NAKNEK, SOUTH NAKNEK VILLA ...... 736 NAVAJO MISSION ACADEMY ...... 1062 NAVOJO MOUNTAIN ...... 487 NAVAJO MOUNTAIN COMMUNITY SCHOOL ...... 979 NATIVE VILLAGE OF KASAAN (IRA) ...... 346 NATIVE VILLE OF SHAKTOOLIK (IRA) ...... 702 NAY-AH-SHING SCHOOL ...... 490 NAZJINI BOARDING SCHOOL ...... 980 NAZLINI CHAPTER ...... 491 NEBRASKA INDIAN COMMUNITY COLLEGE ...... 981 NELSON LAGOON VILLAGE ...... 492 NENAHNEZAD COMMUNITY SCHOOL ...... 982 NENAHNEZAH CHAPTER ...... 493 NENANA NATIVE COUNCIL ...... 494 NEW KOLIGANEK VILLAGE COUNCIL ...... 496 NEW LANDS (HAHATHDZILL) CHAPTER ...... 497 NEW STUYAHOK VILLAGE ...... 498 NEWCOMB CHAPTER ...... 499 NEWHALEN VILLAGE ...... 500
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
NEWTOK VILLAGE ...... 501 NIGHTMUTE VILLAGE ...... 503 NIKOLAI VILLAGE ...... 504 NIKOLSKI VILLAGE (IRA) ...... 505 NOATAK VILLAGE (IRA) ...... 508 NOLI SCHOOL ...... 509 NOME ESKIMO COMMUNITY ...... 510 NONDALTON VILLAGE ...... 512 NOOKSACK INDIAN TRIBAL COUNCIL ...... 513 NOORVIK VILLAGE (IRA) ...... 514 NORTH FORK RANCHERIA OF MONO INDIANS ...... 516 NORTH PACIFIC RIM ...... 1064 NORTHERN PUEBLOS TRIBUTARY WATER RIGHTS ASSOC...... 517 NORTHWAY VILLAGE ...... 520 NOTTAWASEPPI HURON POTAWATOMI BAND ...... 523 NOY-AH-SHING SCHOOL ...... 984 NUIQSUT VILLAGE ...... 524 NULATO VILLAGE ...... 525 NUNAPITCHUK VILLAGE (IRA) ...... 526 OAK/PINE SPRINGS CHAPTER ...... 527 OHKAY OWINGETH COMMUNITY SCHOOL (SAN JUAN) ...... 985 OHOGAMIUT VILLAGE ...... 529 OJIBWA INDIAN SCHOOL ...... 530 OJO ENCINO CHAPTER ...... 531 OJO ENCINO DAY SCHOOL ...... 986 OLD HARBOR VILLAGE ...... 532 OLJATO CHAPTER ...... 533 ONEIDA INDIAN NATION OF NEW YORK ...... 535 ONEIDA TRIBAL SCHOOL ...... 537 ONONDAGA NATION ...... 538 ORUTSARARMUIT NATIVE COUNCIL ...... 539 OSCARVILLE VILLAGE ...... 541 OTOE MISSOURIA TRIBE OF OKLAHOMA ...... 1060 OTTAWA TRIBE OF OKLAHOMA ...... 543 OUZINKIE VILLAGE ...... 544 OWENS VALLEY CAREER DEVELOP CENTER ...... 545 OWENS VALLEY INDIAN WATER COMMISSION ...... 546 PAIMIUT VILLAGE ...... 547 PAIUTE-SHOSHONE INDIANS OF THE LONE PINE COMMUNITY ...... 549 PALA BAND OF MISSION INDIANS ...... 550 PASCHAL SHERMAN INDIAN SCHOOL ...... 551 PASKENTA BAND OF NOMELAKI INDIANS ...... 553 PASSAMAQUODDY TRIBE—INDIAN TOWNSHIP ...... 554 PAULOFF HARBOR VILLAGE ...... 556 PEARL RIVER ELEMENTARY SCHOOL ...... 987 PECHANGA BAND OF LUSIENO MISSION INDIANS ...... 559 PEDRO BAY VILLAGE ...... 560 PEORIA TRIBE OF INDIANS OF OKLAHOMA ...... 562 PERRYVILLE VILLAGE (IRA) ...... 563 PETERSBURY INDIAN ASSN (IRA) ...... 564 PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS ...... 565 PIERRE INDIAN LEARNING CENTER ...... 567 PILOT POINT VILLAGE ...... 568 PILOT STATION VILLAGE ...... 569 PINE DALE CHAPTER ...... 570 PINE HILL DAY SCHOOL ...... 571 PINE HILL SCHOOL ...... 988 PINE RIDGE SCHOOL ...... 989 PINE SPRINGS COMMUNITY SCHOOL ...... 990 PINOLEVILLE BAND OF POMO INDIANS ...... 572 PINON CHAPTER ...... 573 PINON COMMUNITY SCHOOL BOARD INC ...... 574 PINON DORMITORY ...... 991 PIT RIVER TRIBE OF CALIFORNIA ...... 575 PIT RIVER TRIBE OF CALIFORNIA—BIG BEND ...... 576 PIT RIVER TRIBE OF CALIFORNIA—LIKELY ...... 577 PIT RIVER TRIBE OF CALIFORNIA—LOOKOUT ...... 578 PIT RIVER TRIBE OF CALIFORNIA—MONTGOMERY CREEK ...... 579 PIT RIVER TRIBE OF CALIFORNIA—ROARING CREEK ...... 580 PIT RIVER TRIBE OF CALIFORNIA—XL ...... 581
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
PITKA’S POINT VILLAGE ...... 582 PLATINUM TRADITIONAL VILLAGE ...... 583 POINT HOPE VILLAGE (IRA) ...... 585 POJOAQUE PUEBLO ...... 588 POKAGON BAND OF POTAWATOMI INDIANS OF MICHIGAN ...... 589 POLACCA DAY SCHOOL ...... 992 PONCA TRIBE OF NEBRASKA ...... 590 PORCUPINE SCHOOL ...... 592 PORT GRAHAM VILLAGE COUNCIL ...... 594 PORT HEIDEN VILLAGE ...... 595 PORTAGE CREEK VILLAGE ...... 597 POTTER VALLEY RANCHERIA OF POMO INDIANS ...... 598 PRAIRIE ISLAND COMMUNITY COUNCIL ...... 600 PUEBLO PINTADO ...... 602 PUEBLO PINTADO COMMUNITY SCHOOL ...... 993 PYRAMID LAKE HIGH SCHOOL ...... 605 QAGUN TAYAGUNGIN SAND POINT ...... 607 QAWALANGIN TRIBE (OF UNALASKA) ...... 608 QUARTZ VALLEY INDIAN RESERVATION ...... 610 QUILEUTE TRIBAL SCHOOL ...... 613 QUTEKCAK NATIVE TRIBE ...... 1041 RAMAH-NAVAJO CHAPTER ...... 616 RAMONA ...... 617 RAMONA BAND OF MISSION INDIANS ...... 618 RAMPART VILLAGE ...... 619 REAL RIVER ELEMENTARY SCHOOL ...... 620 RED DEVIL VILLAGE ...... 622 RED HORSE LODGE ...... 1067 RED LAKE CHAPTER ...... 624 RED MESA CHAPTER ...... 625 RED MESA TRADING POST #1019 ...... 458 RED ROCK CHAPTER ...... 626 RED ROCK DAY SCHOOL ...... 994 RED SCAFFOLD SCHOOL ...... 1068 RED VALLEY CHAPTER ...... 627 RED WATER ELEMENTARY SCHOOL ...... 628 RESERVATION FIRE PROTECTION DISTRICT ...... 632 RICHFIELD RESIDENTIAL HALL, INC...... 633 RINCON BAND OF LUISENO INDIANS ...... 634 RIVERSIDE INDIAN SCHOOL ...... 995 ROBINSON RANCHERIA ...... 635 ROBINSON RANCHERIA ...... 636 ROCK CREEK DAY SCHOOL ...... 996 ROCK POINT CHAPTER ...... 637 ROCK SPRINGS CHAPTER ...... 639 ROCKY BOYS SCHOOL ...... 1069 ROCKY RIDGE BOARDING SCHOOL ...... 997 ROSEBUD DORMITORIES ...... 640 ROSELAND SCHOOL DISTRICT ...... 642 ROUGH ROCK CHAPTER ...... 643 ROUGH ROCK SCHOOL BOARD, INC...... 644 ROUND ROCK CHAPTER ...... 645 ROUND VALLEY TRIBES ...... 646 ROUNDHOUSE COUNCIL ...... 647 RUBY VILLAGE ...... 648 RUMSEY INDIAN RANCHERIA ...... 649 SAC & FOX SETTLEMENT SHCOOL ...... 650 SAC AND FOX NATION OF MISSOURI IN KS AND NE ...... 652 SAC AND FOX TRIBE OF THE MISSISSIPPI IN IOWA ...... 654 SAINT GEORGE VILLAGE ...... 656 SAINT MICHAEL VILLAGE (IRA) ...... 657 SAINT PAUL VILLAGE ...... 658 SALAMATOF VILLAGE ...... 659 SALT RIVER DAY SCHOOL ...... 999 SAMISH TRIBE OF INDIANS ...... 661 SAN FELIPE PUEBLO ELEMENTARY SCHOOL ...... 1000 SAN ILDEFONSO DAY SCHOOL ...... 1001 SAN ILDEFONSO PUEBLO ...... 664 SAN JUAN CHAPTER ...... 665 SAN LORENZO UNIFIED SCHOOL DISTRICT ...... 668
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
SAN MANUEL BAND OF MISSION INDIANS ...... 669 SAN PASQUAL BAND OF MISSION INDIANS ...... 670 SAN SIMON SCHOOL ...... 1002 SAN XAVIER DISTRICT OF THE TOHONO O’ODHAM NATION ...... 671 SANDIA PUEBLO ...... 672 SANOSTEE CHAPTER ...... 673 SANOSTEE DAY SCHOOL ...... 1003 SANTA CLARA PUEBLO ...... 675 SANTA CLARA PUEBLO ...... 1004 SANTA CLARA UNIFIED SCHOOL DISTRICT ...... 676 SANTA FE INDIAN SCHOOL, INC...... 677 SANTA ROSA BAND OF CAHUILLA INDIANS ...... 678 SANTA ROSA BOARDING SCHOOL ...... 1005 SANTA ROSA INDIAN COMMUNITY ...... 679 SANTA ROSA RANCH SCHOOL ...... 1006 SANTA YNEZ BAND OF MISSION INDIANS ...... 680 SANTA YNEZ INDIAN HEALTH CLINIC ...... 681 SANTA YSABEL BAND OF DIEGUENO INDIANS ...... 682 SANTO DOMINGO TRIBE ...... 684 SAWMILL CHAPTER ...... 688 SAXMAN VILLAGE (IRA) ...... 689 SCAMMON BAY VILLAGE ...... 690 SCOTTS VALLEY BAND OF POMO INDIANS ...... 691 SEBA DALKAI BOARDING SCHOOL ...... 1007 SECOND MESA DAY SCHOOL ...... 692 SELAWIK VILLAGE (IRA) ...... 693 SELDOVIA VILLAGE TRIBE ...... 694 SEQUOYAH HIGH SCHOOL ...... 1008 SHAGELUK VILLAGE (IRA) ...... 699 SHAKOPEE MDEWAKANTON SIOUX COMMUNITY ...... 700 SHAKOPEE SIOUX BUSINESS COUNCIL ...... 701 SHEEP RANCH BAND OF ME-WUK INDIANS ...... 703 SHEEPSPRINGS CHAPTER ...... 704 SHELDON POINT VILLAGE ...... 705 SHINGLE SPRINGS RANCHERIA ...... 707 SHIPROCK CHAPTER ...... 708 SHIPROCK DIRECTOR OF EDUCATION ...... 1038 SHIPROCK NORTHWEST HIGH SCHOOL ...... 709 SHIPROCK RESERVATION DORMITORY ...... 710 SHISHMAREF VILLAGE (IRA) ...... 711 SHO-BAN SCHOOL DISTRICT NO. 512 ...... 713 SHONTO CHAPTER ...... 714 SHONTO PREPARATORY SCHOOL ...... 715 SHOSHONE PAIUTE BUSINESS COUNCIL ...... 717 SHUNGNAK VILLAGE (IRA) ...... 719 SINTE GLESKA UNIVERSITY ...... 1009 SIOUX CITY INDIAN EDUCATION COMMITTEE ...... 1070 SISSETON WAHPETON COMMUNITY COLLEGE ...... 1010 SITTING BULL COIMMUNITY COLLEGE (formerly Standing Rock) ...... 1073 SITTING BULL COLLEGE ...... 1011 SKAGWAY TRADITIONAL COUNCIL ...... 723 SKULL VALLEY BAND OF GOSHUTE INDIANS ...... 725 SKULL VALLEY GENERAL COUNCIL ...... 726 SKY CITY COMMUNITY SCHOOL ...... 1012 SLEETMUTE VILLAGE ...... 727 SMITH LAKE CHAPTER ...... 728 SMITH RIVER RANCHERIA OF CALIFORNIA ...... 729 SOBOBA BAND OF MISSION INDIANS ...... 730 SOBOBO BAND OF MISSION INDIANS ...... 731 SOKAOGON CHIPPEWA TRIBAL COUNCIL ...... 732 SOLOMON TRADITIONAL COUNCIL ...... 733 SOLOMON VILLAGE ...... 734 SOUTH FORK BAND COUNCIL ...... 735 SOUTHERN CALIFORNIA INDIAN CENTER ...... 737 SOUTHERN CALIFORNIA TRIBAL CHAIRMAN’S ASSOCIATION ...... 738 SOUTHERN INDIAN HEALTH COUNCIL INC ...... 1013 SOUTHWESTERN INDIAN POLYTECHNIC INSTITUTE ...... 1013 ST. GEORGE ISLAND ...... 745 ST. FRANCIS INDIAN SCHOOL ...... 744 ST. MICHAELS ASSOCIATION FOR SPECIAL EDUCATION, IN ...... 748
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
STANDING PINE ELEMENTARY SCHOOL ...... 750 STANDING ROCK CHAPTER ...... 751 STANDING ROCK COMMUNITY SCHOOL ...... 1014 STEAMBOAT ...... 754 STEBBINS VILLAGE (IRA) ...... 755 STEVENS VILLAGE (IRA) ...... 756 STEWART COMMUNITY COUNCIL ...... 757 STEWART POINT RANCHERIA ...... 758 STOCKTON UNIFIED SCHOOL DISTRICT ...... 761 STONE CHILD COMMUNITY COLLEGE ...... 1015 STONEY RIVER VILLAGE ...... 762 SUMMERVILLE ELEMENTARY SCHOOL ...... 763 SWEETWATER CHAPTER ...... 767 SYCUAN BAND OF MISSION INDIANS ...... 769 TABLE BLUFF RESERVATION OF WIYOT INDIANS ...... 770 TABLE MOUNTAIN RANCHERIA ...... 771 TACHEE/BLUE GAP CHAPTER ...... 772 TAKINA SCHOOL ...... 773 TAKOTNA VILLAGE ...... 774 TANACROSS VILLAGE (IRA) ...... 775 TANANA VILLAGE ...... 777 TAOS DAY SCHOOL ...... 1016 TATITLEK VILLAGE (IRA) ...... 780 TAZLINA VILLAGE ...... 781 TE TSU GEH OWEENGE DAY SCHOOL (TESUQUE) ...... 1017 TEECNOSPOS CHAPTER ...... 782 TEESTO CHAPTER ...... 783 TELIDA VILLAGE ...... 784 TELLER VILLAGE ...... 785 TESUQUE PUEBLO ...... 787 TETLIN VILLAGE (IRA) ...... 788 THEODORE JAMERSON ELEMENTARY SCHOOL ...... 790 THEODORE ROOSEVELT SCHOOL ...... 791 THLOPTHLOCCO TRIBAL TOWN ...... 792 THOREAU CHAPTER ...... 793 T’IIS NAZBAS COMMUNITY SCHOOL (TEECNOSPOS) ...... 1018 T’IISTS’OOZJ’BI’OLTA (CROWNPOINT) ...... 1019 TIMBISHA SHOSHONE BAND ...... 795 TIOSPAYE TOPA SCHOOL ...... 1020 TOGIAK VILLAGE ...... 797 TOHAAII’ COMMUNITY SCHOOL (TOADLENA) ...... 1021 TO’HAJFILEE-HE (CANONCITO) ...... 1022 TOHATCHI CHAPTER ...... 798 TOHONO O’ODHAM HIGH SCHOOL ...... 1023 TOHONO O’ODHAM HOUSING AUTHORITY ...... 799 TOKSOOK BAY VILLAGE ...... 802 TOLANI LAKE CHAPTER ...... 803 TONALEA CHAPTER ...... 804 TONALEA DAY SCHOOL (RED LAKE) ...... 1024 TONAWANDA BAND OF SENECAS ...... 805 TONTO APACHE TRIBAL COUNCIL ...... 807 TORREON/STAR LAKE CHAPTER ...... 808 TRENTON SCHOOL ...... 810 TRINIDAD RANCHERIA ...... 811 TSAILE/WHEATFIELDS CHAPTER ...... 812 TSAYATOH CHAPTER ...... 813 TSE’II’AHI’ COMMUNITY SCHOOL (STANDING ROCK) ...... 1025 TSELANI/COTTONWOOD CHAPTER ...... 814 TUBA CITY CHAPTER ...... 815 TUBA HIGH SCHOOL BOARD, INC...... 1026 TUCKER ELEMENTARY SCHOOL ...... 816 TULUKSAK VILLAGE (IRA) ...... 819 TUNTUTULIAK VILLAGE ...... 821 TUNUNAK VILLAGE (IRA) ...... 822 TUOLUMNE RANCHERIA ...... 823 TURNING POINT ...... 1073 TURTLE MOUNTAIN COMMUNITY COLLEGE ...... 1027 TURTLE MOUNTAIN ELEMENTARY SCHOOL ...... 1028 TURTLE MOUNTAIN HIGH SCHOOL ...... 826 TURTLE MOUNTAIN MIDDLE SCHOOL ...... 1029
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ATTACHMENT A.—RAMAH NAVAJO CHAPTER SETTLEMENT ADMINISTRATION—Continued [Settlement Administrator does not have any information on file for the base year amount for 1993; Appendix F paragraph 10(b)—Provisional list (part 2 of 2); Alphabetical order—by organization]
Tribe/Organization Control No.
TUSCARORA NATION ...... 827 TUSCARORA NATION ...... 828 TWENTY-NINE PALMS BAND OF MISSION INDIANS ...... 829 TWIN BUTTES DAY SCHOOL ...... 830 TWIN HILLS VILLAGE ...... 831 TWIN LAKES CHAPTER ...... 832 TWO EAGLE RIVER SCHOOL ...... 833 TWO GREY HILLS CHAPTER ...... 834 TYONEK VILLAGE (IRA) ...... 835 UGASHIK VILLAGE ...... 837 UINTAH AND OURAY TRIBAL BUSINESS COMMITTEE ...... 838 UMKUMIUT NATIVE VILLAGE ...... 839 UNALAKLEET VILLAGE (IRA) ...... 840 UNGA TRIBAL COUNCIL ...... 841 UNGA VILLAGE ...... 842 UNITED AUBURN INDIAN COMMUNITY ...... 843 UNITED CROW BAND INC ...... 844 UNITED KEETOOWAH BAND IN OKLAHOMA ...... 845 uNITED VILLAGES INC ...... 848 UPPER FRUITLAND CHAPTER ...... 849 UPPER LAKE BAND OF POMO INDIANS ...... 850 UPPER LAKE RANCHERIA ...... 851 VENETIE TRIBAL GOVERNMENT ...... 857 VENETIE VILLAGE (IRA) ...... 858 VIEJAS (BARON LONG) ...... 859 VIEJAS BAND OF THE KUMEYAAY NATION ...... 860 WA HE LUT INDIAN SCHOOL ...... 1030 WAINWRIGHT VILLAGE ...... 862 WALES VILLAGE (IRA) ...... 863 WASHOE TRIBE—CARSON COLONY COMMUNITY COUNCIL ...... 866 WASHOE TRIBE—DRESSLERVILLE COMMUNITY COUNCIL ...... 867 WASHOE TRIBE—STEWART COMMUNITY COUNCIL ...... 868 WASHOE TRIBE—WOODFORDS COLONY ...... 869 WELLS INDIAN COLONY BAND COUNCIL ...... 871 WESTERN APACHE CONSTRUCTION COMPANY ...... 872 WHIPPOORWILL ...... 873 WHITE CONE ...... 874 WHITE MOUNTAIN VILLAGE (IRA) ...... 877 WHITE ROCK CHAPTER ...... 878 WHITE SHIELD SCHOOL ...... 879 WHITEHORSE LAKE ...... 880 WICHITA AND AFFILIATED TRIBES ...... 882 WIDE RUINS CHAPTER ...... 883 WIDE RUINS COMMUNITY SCHOOL ...... 1031 WINGATE ELEMENTARY SCHOOL ...... 1032 WINNEMUCCA COLONY INDIAN RESERVATION ...... 885 WINSLOW DORMITORY ...... 1034 WOODFORDS COMMUNITY COUNCIL ...... 886 WOUNDED KNEE DISTRICT SCHOOL ...... 1035 WOUNDED KNEE DISTRICT SCHOOL, OGLALA LAKOTA TREATY ...... 887 WRANGELL COOPERATIVE ASSN (IRA) ...... 888 YAKAMA TRIBAL SCHOOL ...... 891 YAVAPAI-APACHE NATION ...... 894 YUPIIT OF ANDEREAFSKI ...... 899 YUROK TRIBE OF CALIFORNIA ...... 900 ZIA DAY SCHOOL ...... 1036
Attachment B.—United States District Court Jefferson NE., Post Office Box 93659, All claim forms must be signed and for the District of New Mexico Albuquerque, New Mexico 87199–3659, 1– notarized by a responsible official of the Ramah Navajo Chapter, et al., v. Gale 888–726–9418 organization under penalty of perjury. The Second Partial Settlement Agreement Norton, et al. Introduction, Instructions, and Definitions (PSA–2) may be obtained from the class [CIV No. 90–00957 LH/WWD] To share in this settlement this claim form settlement Web site at http:// Second Partial Settlement Agreement Claim must be returned to the above address and www.rncsettlement.com or by calling the Form postmarked no later than sixty (60) days after Settlement Administrator at 1–888–726– REDW, LLC, Ramah Navajo Chapter Class publication of this notice in the Federal 9418. Action Settlement Administrator, 6401 Register.
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All Class Members who wish to share in (2) For purposes of PSA–2, the definition participated in the survey is attached to this the Second Partial Settlement Agreement in of construction contained in 25 U.S.C. form. this case must complete the claimant § 450b(a) (‘‘Construction Programs’’) will be Questions may be directed to the information in Section I. Only school used: ‘‘Construction’’ means—programs for Independent CPA at REDW, LLC, Ramah grantees must complete Section II. the planning, design, construction, repair, Navajo Chapter Class Action Settlement Special Instructions improvement, and expansion of buildings or Administrator, 6401 Jefferson NE., Post facilities, including but not limited to, Office Box 93659, Albuquerque, New Mexico 1. If you do not agree with the base amount housing, law enforcement and detection shown on the attached Provisional List for 87199–3659, 1–888–726–9418, fax (505) 998– facilities, sanitation and water systems, 3333, E-mail: [email protected]. your organization for FY/CY 1993, please roads, schools, administration and health submit a letter stating why you do not agree facilities, irrigation and agricultural work, Class Members Who Participated in the with the amount shown and provide the and water conservation, flood control and DCSC Survey amount that you believe is correct, with port facilities. supporting documentation. The Settlement Bristol Bay Native Association Construction Expenditures above $100,000 Administrator has discretion to accept or Burns Paiute Tribes will not be included in the ‘‘BIA reject such documentation or to seek further Central Council of Tlingit & Haida Indian Expenditures’’ amount used to calculate class clarification or documentation. Tribes of Alaska members’ share under PSA–2. 2. If you did not receive a share of the First Confederated Tribes of the Colville [Please note that an exclusion of certain Partial Settlement in this case for the year Reservation construction activities was later added at 25 1993 please submit your 1993 documentary Grand Traverse Band of Ottawa and U.S.C. § 450b(m) from this definition. That evidence, along with the completed claim Chippewa Indians change did not become law until after the form. Great Lakes Indian Fish & Wildlife close of FY 1994, hence those later 3. If you did not have any BIA funding Commission expenditures for the year 1993 but did have exclusions for ‘‘construction purposes’’ will not be recognized in calculating shares under Hoopa Valley Tribal Council BIA funding expenditures for 1992 or 1994, Jamestown S’Klallam Tribe or both, please complete the claim form for this settlement. This means that HIP expenditures and construction planning costs Klamath Tribes the years that you meet the requirements as Lac Courte Oreilles set forth below and attach your entity’s for construction must be included as part of construction expenditures on this form.] Lac de Flambeau Band of Lake Superior supporting documentation. Chippewa Indians Information provided to the settlement Forms Lummi Indian Business Council Administrator will be reviewed for adequacy Attached is the Claim form which must be Mescalero Apache Tribe and accuracy. Class Members shall be submitted by a duly authorized official of the Miccosukee Corporation required to timely provide to the tribe or tribal organization under penalty of Independent CPA and data and Mississippi Band of Choctaw Indians perjury. documentation as may be required to Nambe Pueblo All Class Members must complete Section demonstrate their eligibility. Nez Perce Tribe 1 of this form in order to receive a share of North Slope Borough School District Definitions this settlement. Section II applies only to Northwest Indian Fisheries Commission (1) Documentary evidence to support a school grantees. Penobscot Indian Nation claim includes the Schedule of Federal Special Requirements for Direct Contract Pueblo of Zuni Financial Assistance portion of audited Support Survey Tribes and Tribal Quinault Indian Nation financial statements, contract award Organizations Ramah Navajo Chapter documents, and IDC rate agreements which Red Lake Band of Chippewa Indians show actual expenditures on BIA programs If your tribe or entity participated in the Sac & Fox Nation survey of direct contract support costs in the under Public Law 93–638 contract for each Sinte Gleska University year 2000, you can receive reimbursement of year your entity had BIA Public Law 93–638 Southern Ute Indian Tribe contracts or compacts during the settlement your out-of-pocket expenditures connected Tanana Chiefs Conference, Inc. period (1992–1994). The Schedule of Federal with the survey by submitting a separate Tohono O’Odham Nation Financial Assistance will control over all statement with receipts or other documents other data and must be provided if it exists. of your incurred costs. A list of tribes who BILLING CODE 4310–4J–P
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[FR Doc. 03–12165 Filed 5–14–03; 8:45 am] Sec. 5: SE1⁄4 submitted by Decker Coal Company, is 1 BILLING CODE 4310–4J–C Sec. 8: NE ⁄4 available for public inspection at the SUPPLEMENTARY INFORMATION: Any party Bureau of Land Management, Montana electing to participate in this State Office, 5001 Southgate Drive, DEPARTMENT OF THE INTERIOR exploration program shall notify, in Billings, Montana, during regular business hours (9 a.m. to 4 p.m.), Bureau of Land Management writing, both the State Director, Bureau of Land Management, P.O. Box 36800, Monday through Friday. [MT–921–03–1320–EL–P; MTM 92532] Billings, Montana 59107–6800; and FOR FURTHER INFORMATION CONTACT: Decker Coal Company, P.O. Box 12, Robert Giovanini, Mining Engineer, or Notice of Invitation—Coal Exploration Decker, Montana 59025. Such written Connie Schaff, Land Law Examiner, License Application MTM 92532 notice must refer to serial number MTM Branch of Solid Minerals (MT–921), AGENCY: 92532 and be received no later than Bureau of Land Management, Bureau of Land Management, Montana Interior. June 16, 2003 or 10 calendar days after State Office, P.O. Box 36800, Billings, ACTION: Notice of invitation. the last publication of this Notice in the Big Horn County News newspaper, Montana 59107–6800, telephone SUMMARY: Members of the public are whichever is later. This Notice will be (406) 896–5084 or (406) 896–5060, hereby invited to participate with published once a week for two (2) respectively. Decker Coal Company in a program for consecutive weeks in the Big Horn Dated: April 8, 2003. the exploration of coal deposits owned County News, Hardin, Montana. Randy D. Heuscher, by the United States of America in the The proposed exploration program is Chief, Branch of Solid Minerals. following-described lands located in Big fully described, and will be conducted [FR Doc. 03–12061 Filed 5–14–03; 8:45 am] Horn County, Montana, encompassing pursuant to an exploration plan to be BILLING CODE 4310–$$–P 320.00 acres: approved by the Bureau of Land T. 9 S., R. 40 E., P. M. M. Management. The exploration plan, as
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DEPARTMENT OF THE INTERIOR Dated: April 15, 2003. DEPARTMENT OF JUSTICE Randy D. Heuscher, Bureau of Land Management Chief, Branch of Solid Minerals. Notice of Lodging of Settlement [FR Doc. 03–12062 Filed 5–14–03; 8:45 am] Stipulation Under the Comprehensive Environmental Response, [MT–921–03–1320–EL–P; MTM 92544] BILLING CODE 4310–$$–P Compensation and Liability Act Notice of Invitation—Coal Exploration Notice is hereby given that on April License Application MTM 92544 DEPARTMENT OF JUSTICE 30, 2003, a proposed Stipulation and Agreement in United States of America AGENCY: Bureau of Land Management, Notice of Lodging Proposed Consent et al. v. The Ed Krewatch Partnership, Interior. Decree et al., C.A. No. 01–660 (D. Del.), was ACTION: Notice of invitation. In accordance with Departmental lodged with the United States District Policy, 28 CFR 50.7, notice is hereby Court for the District of Delaware. SUMMARY: Members of the public are given that a proposed consent decree in In this action the United States has hereby invited to participate with the case of United States of America, sought to recover costs incurred by the Kiewit Mining Group, Inc., in a program Plaintiff v. Charles E. Corbett, Jr., United States Environmental Protection for the exploration of coal deposits Defendant, Civil Action No. 4:03–0166– Agency (‘‘EPA’’) in 1996–1997, under owned by the United States of America 25 (D.S.C.), was lodged with the United Section 104(a) of the Comprehensive in the following-described lands located States District Court for the District of Environmental Response, Compensation in Prairie County, Montana, South Carolina, Florence Division, on and Liability Act, as amended encompassing 240.00 acres: May 2, 2003. This proposed Consent (‘‘CERCLA’’), 42 U.S.C. 9604(a), at the Decree concerns a complaint filed by Drum Burial Area of the Krewatch Farm T. 11 N., R. 49 E., P. M. M. Site. The United States settled its claims 1 1 1 1 the United States of America against Sec. 21: NE ⁄4SE ⁄4, NW ⁄4NE ⁄4 against The Ed Krewatch Partnership 1 1 Charles E. Corbett, Jr., pursuant to Sec. 22: NE ⁄4SE ⁄4 and Anthony Nero in 2001 and 1 1 1 1 sections 301(a) and 309(b) and (d) of the Sec. 27: NW ⁄4NW ⁄4, SE ⁄4NW ⁄4 simultaneously sued Gardner Asphalt Sec. 28: SW1⁄4NE1⁄4 Clean Water Act, 33 U.S.C. 1311(a) and 1319(b) and (d), to obtain injunctive Corporation (‘‘GAC’’), Raymond T. Hyer, SUPPLEMENTARY INFORMATION: Any party relief from, and impose civil penalties Jr. (‘‘Hyer’’), and Emulsion Products electing to participate in this against, the Defendant for unauthorized Company (‘‘Emulsion’’). The Stipulation exploration program shall notify, in discharge of dredged or fill material into and Agreement will resolve the liability writing, both the State Director, Bureau waters of the United States in of GAC, Hyer and Emulsion for their of Land Management, PO Box 36800, connection with the development of a liability under Section 107 of CERCLA, Billings, Montana 59107–6800, and portion of a 4.724 acre site adjacent to 42 U.S.C. 9607. The Krewatch Farm Site is located Kiewit Mining Group, Inc., PO Box 3, Gravelly Gully Circle on Highway 544 near Seaford, Delaware. EPA conducted Decker, Montana 59025. Such written near the City of Conway, Horry County, a removal action at the Drum Burial notice must refer to serial number MTM South Carolina. Area of the Site to remove buried drums 92544 and be received no later than The proposed Consent Decree and soil which had become June 16, 2003 or 10 calendar days after prohibits any further discharge of contaminated with hazardous the last publication of this Notice in The pollutants into waters of the United substances. In settlement, Hyer and Terry Tribune, Terry, Montana, or The States and requires the payment of civil Emulsion have agreed to pay the sum of Miles City Star, Miles City, Montana, penalties in the amount of $5,000. $300,000 over a five year period. Upon newspapers, whichever is later. This The Department of Justice will accept the District Court’s approval of the Notice will be published once a week written comments relating to this Stipulation and Agreement, Hyer and for two (2) consecutive weeks in The proposed Consent Decree for thirty (30) Emulsion will receive a covenant not to Terry Tribune, Terry, Montana and The days from the date of publication of this sue from the United States. GAC will Miles City Star, Miles City, Montana. notice. Please address comments to receive its covenant not to sue when the The proposed exploration program is Joseph P. Griffith, Jr., Assistant United principal amount of the settlement and fully described, and will be conducted States Attorney, P.O. Box 978, all accumulated interest have been paid. pursuant to an exploration plan to be Charleston, South Carolina, 29402 and All defendants will receive contribution approved by the Bureau of Land refer to United States of America v protection when the Stipulation and Management. The exploration plan, as Charles E. Corbett, Jr. submitted by Kiewit Mining Group, Inc., The proposed Consent Decree may be Agreement are approved by the Court. is available for public inspection at the examined at the Clerk’s office, United In the event Hyer and Emulsion fail to Bureau of Land Management, Montana States District Court for the District of pay an installment, the United States State Office, 5001 Southgate Drive, South Carolina, Florence Division, 401 has the right to seek entry of a judgment Billings, Montana, during regular W. Evans Street, Florence, South against them in the District Court, as business hours (9 a.m. to 4 p.m.), Carolina 29501. In addition, the soon as 10 days after the payment is Monday through Friday. proposed Consent Decree may be due. The only defense to entry of viewed on the World Wide Web at judgment would be that payment has FOR FURTHER INFORMATION CONTACT: http://www.usdoj.gov/enrd/home.html. been made. Robert Giovanini, Mining Engineer, or Upon the District Court’s approval of Connie Schaff, Land Law Examiner, Joseph P. Griffith Jr., the Stipulation and Agreement, the Branch of Solid Minerals (MT–921), Assistant United States Attorney, 151 Meeting United States will move to dismiss a Bureau of Land Management, Montana Street, Ste. 200, P.O. Box 978, Charleston, declaratory judgment action filed in the State Office, PO Box 36800, Billings, S.C. 29402, (843) 266–1667 (tel), (843) 727– United States Bankruptcy Court for the Montana 59107–6800, telephone (406) 4443 (fax), [email protected]. Southern District of Florida, in which 896–5084 or (406) 896–5060, [FR Doc. 03–12052 Filed 5–14–03; 8:45 am] the United States has been seeking respectively. BILLING CODE 4419–15–M declaratory rulings that the discharge of
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debts GAC and Hyer received under a United States District Court for the The proposed Consent Decree would plan of reorganization confirmed in Eastern District of Wisconsin. require Wisconsin Electric to reduce 1993 does not bar the United States The Consent Decree would resolve SO2, NOX, and PM emissions across its from pursuing its CERCLA claims claims asserted by the United States coal-fired system through the against them. against Wisconsin Electric pursuant to installation of state-of-the-art pollution The Department of Justice will receive Sections 113(b) and 167 of the Clean Air control technologies and the retirement for a period of thirty (30) days from the Act (the ‘‘Act’’), 42 U.S.C. 7413(b) and of certain units. In addition, the date of this publication comments 7477, seeking injunctive relief and the proposed Consent Decree would require assessment of civil penalties for WE’s relating to the proposed Stipulation and Wisconsin Electric to spend no less than Agreement. Comments should be violations of: (a) The Prevention of Significant $20 million to implement the addressed to the Assistant Attorney TOXECON Project at its Presque Isle General for the Environment and Deterioration provisions in Part C of Subchapter I of the Act, 42 U.S.C. 7470– Power Plant, which is designed to Natural Resources Division, P.O. Box implement and explore innovative ways 7611, U.S. Department of Justice, 92; (b) The nonattainment New Source to reduce mercury and PM emissions Washington, DC 20044–7611, and Review provisions in Part D of from coal-fired power plants, as a means should refer to United States of America Subchapter I of the Act, 42 U.S.C. 7501– of mitigating the harm caused by the et al. v. The Ed Krewatch Partnership, 7515; alleged violations. Finally, the proposed et al., DJ No. 90–11–3–07224. (c) The federally-enforceable State Consent Decree would require The proposed Stipulation and Implementation Plan developed by the Wisconsin Electric to pay a $3.2 million Agreement may be examined at the State of Michigan (the ‘‘Michigan SIP’’); civil penalty. office of the United States Attorney, and District of Delaware, 1201 N. Market (d) The federally-enforceable State The Department of Justice will receive Street, Wilmington, DE and at the Implementation Plan developed by the for a period of thirty (30) days from the Region III Office of the Environmental State of Wisconsin (the ‘‘Wisconsin date of this publication comments Protection Agency, 1650 Arch St., SIP’’). relating to the Consent Decree. Philadelphia, PA 19103. During the The complaint filed by the United Comments should be addressed to the public comment period, the Stipulation States alleges, among other things, that Assistant Attorney General, and Agreement may also be examined between approximately 1982 and the Environmental and Natural Resources on the following Department of Justice present, Wisconsin Electric modified Division, PO Box 7611, U.S. Department Web site, http://www.usdoj.gov/enrd/ and thereafter operated certain coal- of Justice, Washington, DC 20044–7611, open.html. A copy of the Stipulation fired electricity generating units at its and should refer to United States v. and Agreement may be obtained by mail Oak Creek Generating Station in Wisconsin Electric, D.J. Ref. No. 90–5– from the Consent Decree Library, P.O. Milwaukee County, Wisconsin, without 2–1–07493. Box 7611, U.S. Department of Justice, first obtaining a PSD permit authorizing Washington, DC 20044–7611 or by the construction and without installing The Consent Decree may be examined faxing or e-mailing a request to Tonia the best available technology to control at the Office of the United States Fleetwood ([email protected]), emissions of sulfur dioxide, nitrogen Attorney, Eastern District of Wisconsin, fax no. (202) 514–0097, phone oxides, and particulate matter, as Federal Courthouse, 517 East Wisconsin confirmation number (202) 514–1547. In required by the Act, applicable federal Ave., Milwaukee, Wisconsin 53202, and requesting a copy from the Consent regulations, and the Michigan and at U.S. EPA Region V, 77 West Jackson Decree Library, please enclose a check Wisconsin SIPs. These major Blvd., Chicago, IL 60604–3507. During in the amount of $7.25 (25 cents per modifications included, but were not the public comment period, the Consent page reproduction cost) payable to the limited to, replacement of economizers, Decree may also be examined on the U.S. Treasury. In all correspondence, induced draft fans, waterwall tubes, following Department of Justice Web please refer to the case by its title and reheaters and superheaters on one or site, http://www.usdoj.gov/enrd/ DOJ Ref. # 90–11–3–07224. more units at the Oak Creek Generating open.html. A copy of the Consent Station. These modifications resulted in Decree may also be obtained by mail Robert D. Brook, significant net emissions increases, as from the Consent Decree Library, PO Assistant Chief, Environmental Enforcement defined by 40 CFR 52.2(b)(3)(i), of one Section, Environment and Natural Resources Box 7611, U.S. Department of Justice, Division. or more of the following pollutants: Washington, DC 20044–7611 or by NOX, SO2, and PM. faxing or e-mailing a request to Tonia [FR Doc. 03–12054 Filed 5–14–03; 8:45 am] The complaint also alleges, upon BILLING CODE 4410–15–M Fleetwood ([email protected]), information and belief, that Wisconsin fax no. (202) 514–0097, phone Electric undertook similar major confirmation number (202) 514–1547. In DEPARTMENT OF JUSTICE modifications at one or more of its other requesting a copy from the Consent facilities—namely, the Presque Isle Decree Library, please enclose a check Generating Station in Marquette County, Notice of Lodging of Consent Decree in the amount of $18.00 (25 cents per Between the United States and Michigan, the Pleasant Prairie Generating Station in Kenosha County, page reproduction cost) payable to the Wisconsin Electric Power Company U.S. Treasury. Under the Clean Air Act Wisconsin, the Port Washington Generating Station in Ozaukee County, W. Benjamin Fisherow, Under 28 C.F.R. 50.7, notice is hereby Wisconsin, and the Valley Generating Deputy Chief, Environmental Enforcement given that on April 29, 2003, a proposed Station in Milwaukee County, Section, Environment and Natural Resources consent decree (‘‘Consent Decree’’) Wisconsin—which resulted in Division. between Wisconsin Electric Power significant net emissions increases, as [FR Doc. 03–12053 Filed 5–14–03; 8:45 am] Company (‘‘Wisconsin Electric’’) and defined by 40 CFR 52.21(b)(3)(i), of one the United States, Civil Action No. or more of the following pollutants: BILLING CODE 4410–15–M 2003V00451, was lodged with the NOX, SO2, and PM.
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DEPARTMENT OF JUSTICE DEA does not have statutory authority Drug Schedule under the Controlled Substances Act to Drug Enforcement Administration issue or maintain a registration if the Hydrocodone (9193) ...... II applicant or registrant is without state Oxymorphone (9652) ...... II Sankar N. Banerjee, M.D.; Revocation authority to handle controlled of Registration substances in the state in which he The firm plans to manufacture the controlled substances to make finished On April 9, 2002, the Deputy conducts business. See 21 U.S.C. products. Assistant Administrator, Office of 802(21), 823(f) and 824(a)(3). This No comments or objections have been Diversion Control, Drug Enforcement prerequisite has been consistently received. DEA has considered the Administration (DEA), issued an Order upheld. See Muttaiya Darmarajeh, M.D., factors in Title 21, United States Code, to Show Cause to Sankar N. Banerjee, 66 FR 52936 (2001); Dominick A. Ricci, Section 823(a) and determined that the M.D. (Dr. Banerjee) of Exeter, New M.D., 58 FR 51104 (1993); Bobby Watts, registration of Bristol-Myers Squibb Hampshire, notifying him of an M.D., 53 FR 11919 (1988). Pharma Company to manufacture the opportunity to show cause as to why Here, it is clear that Dr. Banerjee is listed controlled substances is DEA should not revoke his DEA not licensed to handle controlled consistent with the public interest at Certificate of Registration, AB2002436 substances in the State of New this time. DEA has investigated Bristol- under 21 U.S.C. 824(a), and deny any Hampshire, where he is registered with Myers Squibb Pharma Company to pending applications for renewal or DEA. Therefore, he is not entitled to a ensure that the company’s registration is modification of that registration. As a DEA registration in that state. consistent with the public interest. The basis for revocation, the Order to Show Accordingly, the Deputy investigation included inspection and Cause alleged that Dr. Banerjee is not Administrator of the Drug Enforcement testing of the company’s physical currently authorized to handle Administration, pursuant to the security systems, verification of the controlled substances in New authority vested in him by 21 U.S.C. 823 company’s compliance with state and Hampshire, the state in which he and 824 and 28 CFR 0.100(b) and 0.104, local laws, and a review of the practices. The order also notified Dr. hereby orders that DEA Certificate of company’s background and history. Banerjee that should no request for a Registration AB2002436, issued to Therefore, pursuant to 21 U.S.C. § 823 hearing be filed within 30 days, his Sankar N. Banerjee, M.D. be, and it and 28 CFR §§ 0.100 and 0.104, the hearing right would be deemed waived. hereby is, revoked. The Deputy Deputy Assistant Administrator, Office The Order to Show Cause was sent by Administrator further orders that any of Diversion Control, hereby orders that certified mail to Dr. Banerjee at his pending applications for renewal or the application submitted by the above registered location in Exeter, New modification of such registration be, and firm for registration as a bulk Hampshire. DEA received a signed they hereby are, denied. This order is manufacturer of the basic classes of receipt indicating that the Order to effective June 16, 2003. controlled substances listed above is Show Cause was received by Dr. Dated: April 23, 2003. granted. Banerjee on April 29, 2002. DEA has not John B. Brown III, received a request for hearing or any Deputy Administrator. Dated: April 16, 2003. other reply from Dr. Banerjee or anyone [FR Doc. 03–12157 Filed 5–14–03; 8:45 am] Laura M. Nagel, Deputy Assistant Administrator, Office of purporting to represent him in this BILLING CODE 4410–09–M matter. Therefore, the Deputy Diversion Control, Drug Enforcement Administrator, finding that (1) 30 days Administration. have passed since the receipt of the DEPARTMENT OF JUSTICE [FR Doc. 03–12151 Filed 5–14–03; 8:45 am] Order to Show Cause, and (2) no request BILLING CODE 4410–09–M for a hearing having been received, Drug Enforcement Administration concludes that Dr. Banerjee is deemed to have waived his hearing right. After Manufacturer of Controlled DEPARTMENT OF JUSTICE considering material from the Substances Notice of Registration Drug Enforcement Administration investigative file in this matter, the By Notice dated January 6, 2003, and Deputy Administrator now enters his published in the Federal Register on Importer of Controlled Substances final order without a hearing pursuant January 28, 2003, (68 FR 4233), Bristol- Notice of Registration to 21 CFR 1301.43(d) and (e) and Myers Squibb Pharma Company, 1000 1301.46. Stewart Avenue, Garden City, New York By Notice dated January 7, 2003, and The Deputy Administrator finds that 11530, made application by renewal to published in the Federal Register on Dr. Banerjee possessed DEA Certificate the Drug Enforcement Administration to January 29, 2003, (68 FR 4517), of Registration AB2002436. The Deputy be registered as a bulk manufacturer of Cerilliant Corporation, 811 Paloma Administrator further finds that an the basic classes of controlled Drive, Suite A, Round Rock, Texas investigation by DEA revealed that on substances listed below: 78664, made application by renewal to May 25, 2001, the New Hampshire the Drug Enforcement Administration to Board of Medicine suspended Dr. Drug Schedule be registered as an importer of the basic Banerjee’s license to pactice medicine in classes of controlled substances listed New Hampshire. Oxycodone (9143) ...... II below:
Drug Schedule
Cathinone (1235) ...... I Methcathinone (1237) ...... I N-Ethylamphetamine (1475) ...... I Gamma hydroxybutyric acid (2010) ...... I Ibogaine (7260) ...... I
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Drug Schedule
Tetrahydrocannabinols (7370) ...... I Mescaline (7381) ...... I 4-Bromo-2, 5-dimethoxyamphetamine (7391) ...... I 4-Bromo-2, 5-dimethoxyphenethylamine (7392) ...... I 4-Methyl-2, 5-dimethoxyamphetamine (7395) ...... I 2, 5-Dimethoxyamphetamine (7396) ...... I 3, 4-Methylenedioxyamphetamine (7400) ...... I 3, 4-Methylanedioxy-N-ethylamphetamine (7404) ...... I 3, 4-Methylenedioxymethamphetamine (7405) ...... I 4-Methoxyamphetamine (7411) ...... I Psilocybin (7437) ...... I Psilocyn (7438) ...... I Etrophine (9056) ...... I Heroin (9200) ...... I Pholcodine (9314) ...... I Cocaine (9041) ...... II Codeine (9050) ...... II Amphetamine (1100) ...... II Methamphetamine (1105) ...... II Amobarbital (2125) ...... II Pentobarbital (2270) ...... II Dihydrocodeine (9120) ...... II Oxycodone (9143) ...... II Hydromorphone (9150) ...... II Benzoylecgonine (9180) ...... II Ethylmorphine (9190) ...... II Meperidine (9230) ...... II Methadone (9250) ...... II Dextropropoxyphene, bulk (non-dosage forms) (9273) ...... II Morphine (9300) ...... II Thebaine (9333) ...... II Levo-alphacetylmethadol (9648) ...... II Oxymorphone (9652) ...... II
The firm plans to import small Dated: April 16, 2003. to import phenylacetone is consistent quantities of the listed controlled Laura M. Nagel, with the public interest and with United substances for the manufacture of Deputy Assistant Administrator, Office of States obligations under international analytical reference standards. Diversion Control, Drug Enforcement treaties, conventions, or protocols in Administration. No comments or objections have been effect on May 1, 1971, at this time. DEA received. DEA has considered the [FR Doc. 03–12152 Filed 5–14–03; 8:45 am] has investigated Chattem Chemicals, factors in Title 21, United States Code, BILLING CODE 4410–09–M Inc., on a regular basis to ensure that the Section 823(a) and determined that the company’s continued registration is consistent with the public interest. This registration of Cerilliant Corporation to DEPARTMENT OF JUSTICE import the listed controlled substances investigation included inspection and is consistent with the public interest Drug Enforcement Administration testing of the company’s physical and with United States obligations security systems, verification of the under international treaties, Importer of Controlled Substances; company’s compliance with state and conventions, or protocols in effect on Notice of Registration local laws, and a review of the company’s background and history. May 1, 1971, at this time. DEA has By Notice dated February 5, 2003, and Therefore, pursuant to Section 1008(a) investigated Cerilliant Corporation on a published in the Federal Register on of the Controlled Substances Import and regular basis to ensure that the February 20, 2003, (68 FR 8307), Export Act and in accordance with Title company’s continued registration is Chattem Chemicals, Inc., 3801 St. Elmo consistent with the public interest. The Avenue, Building 18, Chattanooga, 21, Code of Federal Regulations, Section investigations include inspection and Tennessee, made application by renewal 1301.34, the above firm is granted testing of the company’s physical to the Drug Enforcement Administration registration as an importer of the basic security systems, verification of the (DEA) to be registered as an importer of class of controlled substance stated. company’s compliance with state and phenylacetone (8501) a basic class of Dated: April 16, 2003. local laws, and a review of the controlled substance listed in Schedule Laura M. Nagel, company’s background and history. II. Therefore, pursuant to Section 1008(a) Deputy Assistant Administrator, Office of The firm plans to import the Diversion Control, Drug Enforcement of the Controlled Substances Import and phenylacetone to manufacture bulk Administration. Export Act and in accordance with Title controlled substances. [FR Doc. 03–12153 Filed 5–14–03; 8:45 am] 21, Code of Federal Regulations, Section No comments or objections have been 1301.34, the above firm is granted received. DEA has considered the BILLING CODE 4410–09–M registration as an importer of the basic factors in Title 21, United States Code, classes of controlled substances listed Section 823(a) and determined that the above. registration of Chattem Chemicals, Inc.,
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DEPARTMENT OF JUSTICE 802(21), 823(f) and 824(a)(3). This DATES: Requests for copies must be prerequisite has been consistently received in writing on or before June 30, Drug Enforcement Administration upheld. See Muttaiya Darmarajeh, M.D., 2003. Once the appraisal of the records 66 FR 52936 (2001); Dominick A. Ricci, is completed, NARA will send a copy of Robert A. Kooker, M.D.; Revocation of M.D., 58 FR 51104 (1993); Bobby Watts, the schedule. NARA staff usually Registration M.D., 53 FR 11919 (1988). prepare appraisal memorandums that On June 12, 2002, the Deputy Here, it is clear that Dr. Kooker is not contain additional information Assistant Administrator, Office of licensed to handle controlled substances concerning the records covered by a Diversion Control, Drug Enforcement in the State of California, where he is proposed schedule. These, too, may be Administration (DEA), issued an Order registered with DEA. Therefore, he is requested and will be provided once the to Show Cause to Robert A. Kooker, not entitled to a DEA registration in that appraisal is completed. Requesters will state. M.D. (Dr. Kooker) of Loomis, California, be given 30 days to submit comments. Accordingly, the Deputy notifying him of an opportunity to show ADDRESSES: To request a copy of any Administrator of the Drug Enforcement cause as to why DEA should not revoke records schedule identified in this Administration, pursuant to the notice, write to the Life Cycle his DEA Certificate of Registration, authority vested in him by 21 U.S.C. 823 AK1490779 under 21 U.S.C. 824(a), and Management Division (NWML), and 824 and 28 CFR 0.100(b) and 0.104, National Archives and Records deny any pending applications for hereby orders that DEA Certificate of renewal or modification of that Administration (NARA), 8601 Adelphi Registration AK1490779, issued to Road, College Park, MD 20740–6001. registration. As a basis for revocation, Robert A. Kooker, M.D. be, and it hereby the Order to Show Cause alleged that Requests also may be transmitted by is, revoked. The Deputy Administrator FAX to 301–837–3698 or by e-mail to Dr. Kooker is not currently authorized to further orders that any pending handle controlled substances in [email protected]. Requesters must applications for renewal or modification cite the control number, which appears California, the state in which he of such registration be, and they hereby practices. The order also notified Dr. in parentheses after the name of the are, denied. This order is effective June agency which submitted the schedule, Kooker that should no request for a 16, 2003. hearing be filed within 30 days, his and must provide a mailing address. hearing right would be deemed waived. Dated: April 23, 2003. Those who desire appraisal reports The Order to Show Cause was sent by John B. Brown, III, should so indicate in their request. certified mail to Dr. Kooker at his Deputy Administrator. FOR FURTHER INFORMATION CONTACT: Paul registered location in Loomis, [FR Doc. 03–12158 Filed 5–14–03; 8:45 am] M. Wester, Jr., Director, Life Cycle California. DEA received a signed BILLING CODE 4410–09–M Management Division (NWML), receipt indicating that the Order to National Archives and Records Show Cause was received by Dr. Kooker Administration, 8601 Adelphi Road, on or around June 27, 2002. DEA has NATIONAL ARCHIVES AND RECORDS College Park, MD 20740–6001. not received a request for hearing on ADMINISTRATION Telephone: 301–837–3120. E-mail: any other reply from Dr. Kooker or [email protected]. anyone purporting to represent him in Records Schedules; Availability and SUPPLEMENTARY INFORMATION: Each year this matter. Therefore, the Deputy Request for Comments Federal agencies create billions of Administrator, finding that (1) 30 days AGENCY: National Archives and Records records on paper, film, magnetic tape, have passed since the receipt of the Administration (NARA). and other media. To control this Order to Show Cause, and (2) no request accumulation, agency records managers ACTION: Notice of availability of for a hearing having been received, proposed records schedules; request for prepare schedules proposing retention concludes that Dr. Kooker is deemed to comments. periods for records and submit these have waived his hearing right. After schedules for NARA’s approval, using considering material from the SUMMARY: The National Archives and the Standard Form (SF) 115, Request for investigative file in this matter, the Records Administration (NARA) Records Disposition Authority. These Deputy Administrator now enters his publishes notice at least once monthly schedules provide for the timely transfer final order without a hearing pursuant of certain Federal agency requests for into the National Archives of to 21 CFR 1301.43(d) and (e) and records disposition authority (records historically valuable records and 1301.46. schedules). Once approved by NARA, authorize the disposal of all other The Deputy Administrator finds that records schedules provide mandatory records after the agency no longer needs Dr. Kooker possessed DEA Certificate of instructions on what happens to records them to conduct its business. Some Registratin AK1490779. The Deputy when no longer needed for current schedules are comprehensive and cover Administrator further finds that an Government business. They authorize all the records of an agency or one of its investigation by DEA revealed that on the preservation of records of major subdivisions. Most schedules, July 28, 2000, the California Physician’s continuing value in the National however, cover records of only one and Surgeon’s Board suspended Dr. Archives of the United States and the office or program or a few series of Kooker’s license to practice medicine in destruction, after a specified period, of records. Many of these update California and ordered that Dr. Kooker records lacking administrative, legal, previously approved schedules, and could not reapply for licensing until research, or other value. Notice is some include records proposed as July 28, 2003. published for records schedules in permanent. DEA does not have statutory authority which agencies propose to destroy No Federal records are authorized for under the Controlled Substances Act to records not previously authorized for destruction without the approval of the issue or maintain a registration if the disposal or reduce the retention period Archivist of the United States. This applicant or registrant is without state of records already authorized for approval is granted only after a authority to handle controlled disposal. NARA invites public thorough consideration of their substances in the state in which he comments on such records schedules, as administrative use by the agency of conducts business. See 21 U.S.C. required by 44 U.S.C. 3303a(a). origin, the rights of the Government and
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of private persons directly affected by The most current Individual Flight 10. Department of the Treasury, the Government’s activities, and Record and Flight Certificate Bureau of the Public Debt (N1–53–03– whether or not they have historical or (Department of the Army Form 759) will 6, 5 items, 3 temporary items). Motion other value. be placed in the service member’s picture films, video masters, video Besides identifying the Federal Official Military Personnel File on copies, and dubs regarding savings bond agencies and any subdivisions separation. programs. Included are such materials requesting disposition authority, this 5. Department of Defense, Office of as news stories, company-produced public notice lists the organizational the Inspector General (N1–509–03–3, 8 videos, infomercials, public service unit(s) accumulating the records or items, 6 temporary items). Records announcements, and focus group indicates agency-wide applicability in relating to the voluntary disclosure videos. Original films of historical the case of schedules that cover records program, including program savings bond program advertisements that may be accumulated throughout an management files and case files lacking and campaigns are proposed for agency. This notice provides the control significance. Also included are permanent retention. number assigned to each schedule, the electronic copies of documents created 11. Department of the Treasury, total number of schedule items, and the using electronic mail and word Bureau of the Public Debt (N1–53–03– number of temporary items (the records processing. Proposed for permanent 7, 5 items, 5 temporary items). Inputs, proposed for destruction). It also retention are recordkeeping copies of outputs, system documentation, and includes a brief description of the policy files and significant case files. master files of the Bureau Automated temporary records. The records 6. Department of Justice, Drug Tracking System, which is designed to schedule itself contains a full Enforcement Administration (N1–170– track correspondence from customers description of the records at the file unit 03–3, 5 items, 5 temporary items). requesting information or tracking level as well as their disposition. If System inputs, outputs, master files, transactions involving Treasury NARA staff has prepared an appraisal and documentation of the Hazardous securities. memorandum for the schedule, it too Waste Disposal System, which is used 12. Department of the Treasury, includes information about the records. to track the disposal of hazardous waste Bureau of the Public Debt, (N1–53–03– Further information about the associated with clandestine drug 8, 7 items, 7 temporary items). Records disposition process is available on laboratories and the funding of cleanup relating to securities and coupon request. operations. Also included are electronic shipments, audit copies of advices from copies of documents created using automated systems, payment due Schedules Pending electronic mail and word processing. notices, customer contact records, and 1. Department of the Air Force, 7. Department of the Navy, Agency- Treasury securities case files. Also Agency-wide (N1–AFU–03–6, 2 items, 2 wide (N1–NU–03–1, 4 items, 4 included are electronic copies of temporary items). Records used to temporary items). Records relating to documents created using electronic mail determine manpower requirements for security clearance adjudications and word processing. service-type contracts, including accumulated by the Criminal 13. Department of the Treasury, electronic copies of records created Investigative Service, including Bureau of the Public Debt (N1–53–03– using electronic mail and word electronic copies of records created 9, 150 items, 150 temporary items). processing. using electronic mail and word Inputs, outputs, system documentation, 2. Department of the Army, Agency- processing. and master files of the Savings Bond wide (N1–AU–03–7, 4 items, 4 8. Department of the Treasury, Office Replacement System, which is used to temporary items). Records relating to of the Assistant Secretary for process cash and security transactions the nomination, selection/non-selection, Management and Chief Financial Officer resulting from the sale and retirement of and appointment of individuals to (N1–56–03–4, 25 items, 20 temporary accrual and retirement type securities. honorary regimental positions. items). Committee files, collection loan 14. Environmental Protection Agency, Electronic copies of records created files, and electronic tracking systems Office of Environmental Information using electronic mail and word relating to equal employment (N1–412–03–7, 4 items, 4 temporary processing are included. opportunity complaints and human items). Software programs, inputs, 3. Department of the Army, Agency- resource needs, artifacts and gifts, and documentation, and master files wide (N1–AU–03–8, 3 items, 3 graphics and printing work. Also associated with an electronic system temporary items). Records relating to included are electronic copies of records used to catalog metadata pertaining to enlisted selection boards. Included are created using electronic mail and word the definition, sources, and uses of such records as selection board processing. Proposed for permanent environmental data, including reporting files, promotion packets, and retention are recordkeeping copies of information relating to chemical electronic copies of documents created historical structure reports, artifact identification, biological taxonomy, and using electronic mail and word collection files, and project files associated terminology. processing. This schedule authorizes the accumulated by the Office of the 15. National Archives and Records agency to apply the proposed Curator. Also proposed for permanent Administration, Office of Records disposition instructions to any retention are Treasury building Services—Washington, DC (N1–64–03– recordkeeping medium. renovation project files and related 2, 3 items, 1 temporary item). Raw input 4. Department of the Army, Agency- quarterly reports. electronic files resulting from the wide (N1–AU–03–11, 3 items, 3 9. Department of the Treasury, Bureau conversion of microfilm images of temporary items). Individual flight of the Public Debt (N1–53–03–5, 4 punch cards of Army serial numbers to records, including aeronautical rating items, 4 temporary items). Agency web ASCII data files. Proposed for orders, flying status orders, suspension site pages, which include such materials permanent retention are merged raw from flying status orders, qualification as copies of official organizational files and merged processed files. records, and reports of physical publications, bulletin board postings, 16. Small Business Administration, examinations. Electronic copies of press releases, laws and guidance, Office of Government Contracting and records created using electronic mail savings bond calculators, and frequently Business Development (N1–309–03–1, 7 and word processing are also included. asked questions. items, 5 temporary items). System
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inputs, outputs, and backups of the NATIONAL COMMISSION ON Ph.D., Program Specialist, NCD, 1331 F Technology Marketing Access Network, TERRORIST ATTACKS UPON THE Street, NW., Suite 850, Washington, DC which contains demographic data and UNITED STATES 20004; 202–272–2004 (voice), 202–272– contract information on firms that have 2074 (TTY), 202–272–2022 (fax), received awards under the Small National Commission on Terrorist [email protected] (e-mail). Business Innovation Research and Small Attacks Upon the United States; Public Cultural Diversity Advisory Business Technology Transfer Programs. Hearing Committee Mission: The purpose of Also included are electronic copies of NCD’s Cultural Diversity Advisory documents created using electronic mail ACTION: Notice of public hearing. Committee is to provide advice and and word processing. Proposed for SUMMARY: The National Commission on recommendations to NCD on issues permanent retention are the master data Terrorist Attacks Upon the United affecting people with disabilities from files and the associated technical States will hold its second public culturally diverse backgrounds. documentation. hearings on May 22 and May 23, 2003, Specifically, the committee will help 17. Small Business Administration, in Washington, DC. Congressional identify issues, expand outreach, infuse Office of Government Contracting and witnesses and people with expertise on participation, and elevate the voices of Business Development (N1–309–03–3, 7 aviation security will testify. underserved and unserved segments of items, 5 temporary items). Inputs, Representatives of the media should this nation’s population that will help outputs, and system backups of an register with the Commission in NCD develop federal policy that will electronic system used to approve advance of the hearing. Seating for the address the needs and advance the civil businesses as eligible for assistance general public will be on a first-come, and human rights of people from because they are located in ‘‘historically first-served basis. Press availability will diverse cultures. underutilized business zones.’’ Also occur at the conclusion of each day’s Dated: May 12, 2003. included are electronic copies of hearing. documents created using electronic mail Ethel D. Briggs, and word processing. Proposed for DATES: May 22, 9 a.m. to 4 p.m., May 23, Executive Director. permanent retention are master files and 9 a.m. to 1 p.m. [FR Doc. 03–12167 Filed 5–14–03; 8:45 am] the technical system documentation. ADDRESSES: Hart Senate Office Building, BILLING CODE 6820–MA–P 18. Small Business Administration, 2nd and D Streets, NE., Washington, DC Office of Government Contracting and 20515. Business Development (N1–309–03–5, FOR FURTHER INFORMATION CONTACT: Al NUCLEAR REGULATORY 11 items, 9 temporary items). Inputs, Felzenberg (202) 301–4062 and (202) COMMISSION outputs, and system backups of an 236–4878 (Cellular). electronic system containing [Docket No. 40–8989] SUPPLEMENTARY INFORMATION: Please information on small businesses that is refer to Public Law 107–306 (November Envirocare of Utah, Inc.; Notice of used for marketing their capabilities for 27, 2002), title VI (Legislation creating Receipt of Amendment Request and contracts with the Federal Government the Commission), and the Commission’s Opportunity To Request a Hearing and large businesses. Also included are Web site: www.9-11Commission.gov. electronic copies of documents created I. Introduction using electronic mail and word Dated: May 8, 2003. Philip Zelikow, The U.S. Nuclear Regulatory processing. Proposed for permanent Commission (NRC) has received, by Executive Director. retention are master data files and letter dated March 27, 2003, a request system documentation. [FR Doc. 03–12108 Filed 5–14–03; 8:45 am] from Envirocare of Utah, Inc., for 19. United States Office of Special BILLING CODE 8800–01–M approval of a license amendment to Counsel, Agency-wide (N1–481–03–1, Materials License SMC–1559 to 23 items, 13 temporary items). Reading authorize it to receive and dispose of files, conflict of interest files, surveys, NATIONAL COUNCIL ON DISABILITY byproduct material, as defined in Alternative Dispute Resolution case section 11e.(2) of the Atomic Energy Act files, program administrative files, Cultural Diversity Advisory Committee (AEA) of 1954, as amended (hereafter litigation/investigative case files, and Meetings (Teleconferences) referred to as 11e.(2) byproduct other records. Also included are material), with concentrations of Ra–226 electronic copies of records created AGENCY: National Council on Disability up to 100,000 pico curies per gram (pCi/ using electronic mail and word (NCD). g). Envirocare also requested approval of processing. Proposed for permanent Times and Dates: 1:30 p.m. EDT, June a revision to its License Application to retention are recordkeeping copies of 13, 2003, and August 15, 2003 allow disposal of containerized waste. such records as final opinions, subject Place: National Council on Disability, The Envirocare facility, located at files, and calendars of the Special 1331 F Street, NW., Suite 850, Clive, Utah, is licensed by NRC to Counsel and Deputy Special Counsel, Washington, DC. accept and dispose of 11e.(2) byproduct legal opinions, advisory opinions, Status: All parts of these meetings material received from others. record sets of directives, official will be open to the public. Those Currently, Envirocare’s license restricts publications, press releases, and interested in participating in these the concentration of Ra–226 in 11e.(2) significant litigation and investigative meetings should contact the appropriate byproduct material received by case files. staff member listed below. Due to limited resources, only a few telephone Envirocare to 4000 pCi/g. Additionally, Dated: May 9, 2003. lines will be available for the conference Envirocare’s License Application Michael J. Kurtz, calls. discusses disposal of unpackaged Assistant Archivist for Record Services— Agenda: Roll call, announcements, 11e.(2) byproduct material. The Washington, DC. reports, new business, adjournment. unpackaged material is to be put into [FR Doc. 03–12130 Filed 5–14–03; 8:45 am] Contact Person for More Information: the disposal cell in layers not exceeding BILLING CODE 7515–01–P Geraldine (Gerrie) Drake Hawkins, 12 inches.
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The request from Envirocare, if In accordance with 10 CFR 2.1205(f), For the Nuclear Regulatory Commission. granted by NRC, would allow 11e.(2) each request for a hearing must also be Eric J. Leeds, byproduct material with higher served, by delivering it personally or by Deputy Director, Division of Fuel Cycle Safety concentrations of Ra–226 to be disposed mail, to: and Safeguards, Office of Nuclear Materials of at the facility. It would allow the (1) The applicant, Envirocare of Utah, Safety and Safeguards. higher activity material to be Inc., 605 North 5600 West, Salt Lake [FR Doc. 03–12114 Filed 5–14–03; 8:45 am] containerized and disposed of in City, Utah 84116; and BILLING CODE 7590–01–P containers that will not meet the existing 12 inch layering requirement. (2) The NRC staff, by delivery to the The staff will review Envirocare’s Office of the General Counsel, One NUCLEAR REGULATORY request for conformance with 10 CFR White Flint North, 11555 Rockville COMMISSION parts 20 and 40, using NUREG–1620, Pike, Rockville, MD 20852, between ‘‘Standard Review Plan for the Review 7:45 a.m. and 4:15 p.m., Federal Public Meeting on Regulatory of a Reclamation Plan for Mill Tailings workdays, or by mail addressed to the Oversight of the Potential High-Level Sites Under Title II of the Uranium Mill Office of the General Counsel, U.S. Waste Repository at Yucca Mountain, Tailings Radiation Control Act’’ and Nuclear Regulatory Commission, NV other applicable agency regulations and Washington, DC 20555. Because of guidance. If NRC approves Envirocare’s continuing disruptions in the delivery AGENCY: U.S. Nuclear Regulatory request, the approval will be of mail to United States Government Commission. documented in an amendment to offices, it is requested that requests for ACTION: Notice of public meeting in Envirocare’s license. However, before hearing also be transmitted to the Office Tecopa, California. approving the request, NRC will need to of the General Counsel, either by means make the findings required by the AEA of facsimile transmission to 301–415– SUMMARY: The U.S. Nuclear Regulatory and NRC regulations. These findings 3725, or by e-mail to Commission (NRC) staff will hold a will be documented in a Technical [email protected]. public meeting to discuss regulatory Evaluation Report and either an In addition to meeting other oversight of the potential high-level Environmental Assessment or an applicable requirements of 10 CFR part waste repository at Yucca Mountain. Environmental Impact Statement. 2 of the NRC’s regulations, a request for The meeting is intended to foster a common understanding among the II. Opportunity To Request a Hearing a hearing filed by a person other than an applicant must describe in detail: stakeholders on safety and regulatory The NRC hereby provides notice that issues, should the U.S. Department of this is a proceeding on an application (1) The interest of the requestor; Energy (DOE) submit a license for an amendment of a license falling (2) How that interest may be affected application to the NRC for a possible within the scope of Subpart L, ‘‘Informal by the results of the proceeding, geologic repository at Yucca Mountain, Hearing Procedures for Adjudications in including the reasons why the requestor Nevada. The meeting will be facilitated Materials and Operator Licensing should be permitted a hearing, with by Francis X. Cameron, Special Counsel Proceedings’’ of NRC’s rules and particular reference to the factors set out for Public Liaison, Office of the General practice for domestic licensing in § 2.1205(h); Counsel, NRC. proceedings in 10 CFR part 2. Pursuant (3) The requestor’s areas of concern The meeting is primarily to acquaint to § 2.1205(a), any person whose interest about the licensing activity that is the the public with the NRC’s oversight of may be affected by this proceeding may subject matter of the proceeding; and a potential high-level waste repository file a request for a hearing in accordance (4) The circumstances establishing at Yucca Mountain. It will include an with § 2.1205(d). A request for a hearing that the request for a hearing is timely overview of NRC’s responsibilities and must be filed within 30 days of the in accordance with § 2.1205(d). preparations for evaluating the safety of publication of this Federal Register a potential repository, including the notice. III. Further Information protection of groundwater; and The request for a hearing must be The application for the license conclude with an overview of the NRC’s filed with the Office of the Secretary, role with respect to the transportation either: amendment and the request to revise the License Application are available for and security of spent nuclear fuel. (1) By delivery to the Rulemaking and Several opportunities for questions will Adjudications Staff of the Office of the inspection at NRC’s Public Electronic Reading Room at http://www.nrc.gov/ be provided. In addition, members of Secretary of the Commission at One the NRC staff will be available for White Flint North, 11555 Rockville reading-rm/adams.html. [ADAMS Accession No. ML031000416] informal discussion with members of Pike, Rockville, MD 20852, between the public. The date, time, and location 7:45 a.m. and 4:15 p.m., Federal Documents may also be examined and/ or copied for a fee, at the NRC’s Public of the public meeting is shown below. workdays; or Date/Time: Wedneday, June 4, 2003, (2) By mail or telegram addressed to Document Room, located at One White from 6:30 p.m.–8:30 p.m. (Pacific time). the Secretary, U.S. Nuclear Regulatory Flint North, 11555 Rockville Pike, Place: Tecopa Community Center, Hot Commission, Washington, DC 20555, Rockville, MD 20854. Any questions Springs Road, Tecopa, California. Attention: Rulemaking and with respect to this action should be Adjudications Staff. Because of referred to Myron Fliegel, Fuel Cycle FOR FURTHER INFORMATION CONTACT: continuing disruptions in the delivery Facilities Branch, Division of Fuel Cycle Francis X. Cameron, Special Counsel for of mail to United States Government Safety and Safeguards, Office of Nuclear Public Liaison, Office of the General offices, it is requested that requests for Materials Safety and Safeguards, U.S. Counsel, U.S. Nuclear Regulatory hearing also be transmitted to the Nuclear Regulatory Commission, Mail Commission, Washington DC 20555– Secretary of the Commission either by Stop T8–A33, Washington, DC 20555– 0001, or by telephone: (301) 415–1642 means of facsimile transmission to 301– 0001. Telephone: (301) 415–6629. or e-mail: [email protected]. 415–1101, or by e-mail to Dated at Rockville, Maryland, this 9th day Dated at Rockville, Maryland this 8th day [email protected]. of May, 2003. of May, 2003.
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For the Nuclear Regulatory Commission. ‘‘premium payment year’’). (Although Place: 450 Fifth Street, NW., Janet R. Schlueter, the Treasury Department has ceased Washington, DC. Chief, High-Level Waste Branch, Division of issuing 30-year securities, the Internal Date and Time of Previously Announced Waste Management, Office of Nuclear Revenue Service announces a surrogate Meeting: Thursday, May 8, 2003. Material Safety and Safeguards. yield figure each month—based on the Change in the Meeting: Additional item/ [FR Doc. 03–12115 Filed 5–14–03; 8:45 am] 30-year Treasury bond maturing in additional meeting. BILLING CODE 7590–01–P February 2031—which the PBGC uses to The following item was added to the determine the required interest rate.) closed meeting of Thursday, May 8, The required interest rate to be used 2003: litigation matter. PENSION BENEFIT GUARANTY in determining variable-rate premiums An additional closed meeting was CORPORATION for premium payment years beginning held on Friday, May 9, 2003, at 3 p.m. in May 2003 is 4.90 percent. The subject matter of the closed The following table lists the required Required Interest Rate Assumption for meeting scheduled for Friday, May 9, interest rates to be used in determining Determining Variable-Rate Premium; 2003, was: litigation matter. Interest Assumptions for variable-rate premiums for premium Commissioner Goldschmid, as duty Multiemployer Plan Valuations payment years beginning between June officer, determined that Commission Following Mass Withdrawal 2002 and May 2003. business required the above change and AGENCY: Pension Benefit Guaranty For premium payment years The required that no earlier notice thereof was Corporation. beginning in: interest rate is: possible. ACTION: Notice of interest rates and At times, changes in Commission assumptions. June 2002 ...... 5.65 priorities require alterations in the July 2002 ...... 5.52 scheduling of meeting items. For further SUMMARY: This notice informs the public August 2002 ...... 5.39 information and to ascertain what, if of the interest rates and assumptions to September 2002 ...... 5.08 any, matters have been added, deleted be used under certain Pension Benefit October 2002 ...... 4.76 November 2002 ...... 4.93 or postponed, please contact the Office Guaranty Corporation regulations. These December 2002 ...... 4.96 of the Secretary at (202) 942–7070. rates and assumptions are published January 2003 ...... 4.92 Dated: May 12, 2003. elsewhere (or can be derived from rates February 2003 ...... 4.94 Margaret H. McFarland, published elsewhere), but are collected March 2003 ...... 4.81 and published in this notice for the April 2003 ...... 4.80 Deputy Secretary. convenience of the public. Interest rates May 2003 ...... 4.90 [FR Doc. 03–12221 Filed 5–12–03; 4:29 pm] are also published on the PBGC’s Web BILLING CODE 8010–01–M site (http://www.pbgc.gov). Multiemployer Plan Valuations DATES: The required interest rate for Following Mass Withdrawal SECURITIES AND EXCHANGE determining the variable-rate premium The PBGC’s regulation on Duties of COMMISSION under part 4006 applies to premium Plan Sponsor Following Mass payment years beginning in May 2003. Withdrawal (29 CFR part 4281) [Release No. 34–47816; File No. SR–BSE– The interest assumptions for performing prescribes the use of interest 2003–03] multiemployer plan valuations assumptions under the PBGC’s following mass withdrawal under part regulation on Allocation of Assets in Self-Regulatory Organizations; Notice 4281 apply to valuation dates occurring Single-Employer Plans (29 CFR part of Filing and Immediate Effectiveness in June 2003. 4044). The interest assumptions of Proposed Rule Change by the Boston Stock Exchange, Incorporated, FOR FURTHER INFORMATION CONTACT: applicable to valuation dates in June Relating to Its Floor Operations Fee Harold J. Ashner, Assistant General 2003 under part 4044 are contained in Schedule Counsel, Office of the General Counsel, an amendment to part 4044 published Pension Benefit Guaranty Corporation, elsewhere in today’s Federal Register. May 8, 2003. 1200 K Street, NW., Washington, DC Tables showing the assumptions Pursuant to section 19(b)(1) of the 20005, 202–326–4024. (TTY/TDD users applicable to prior periods are codified Securities Exchange Act of 1934 may call the Federal relay service toll- in appendix B to 29 CFR part 4044. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 free at 1–800–877–8339 and ask to be Issued in Washington, DC, on this 9th day notice is hereby given that on March 24, connected to 202–326–4024.) of May 2003. 2003, the Boston Stock Exchange, SUPPLEMENTARY INFORMATION: Joseph H. Grant, Incorporated (‘‘Exchange’’), filed with Variable-Rate Premiums Deputy Executive Director and Chief the Securities and Exchange Operating Officer, Pension Benefit Guaranty Commission (‘‘Commission’’) the Section 4006(a)(3)(E)(iii)(II) of the Corporation. proposed rule change as described in Employee Retirement Income Security [FR Doc. 03–12117 Filed 5–14–03; 8:45 am] Items I, II and III below, which Items Act of 1974 (ERISA) and § 4006.4(b)(1) BILLING CODE 7708–01–P have been prepared by the Exchange. of the PBGC’s regulation on Premium On April 22, 2003, the Exchange filed Rates (29 CFR part 4006) prescribe use Amendment No. 1 to the proposed rule of an assumed interest rate (the SECURITIES AND EXCHANGE change.3 The Exchange has designated ‘‘required interest rate’’) in determining COMMISSION a single-employer plan’s variable-rate 1 15 U.S.C. 78s(b)(1). premium. The required interest rate is Sunshine Act Meeting 2 17 CFR 240.19b–4. the ‘‘applicable percentage’’ (currently 3 In Amendment No. 1, the Exchange amended 100 percent) of the annual yield on 30- FEDERAL REGISTER CITATION OF PREVIOUS the proposal (i) to clarify the language in the ANNOUNCEMENT: (68 FR 23332, May 1, proposed rule change and (ii) to seek immediate year Treasury securities for the month effectiveness of the proposed rule change pursuant preceding the beginning of the plan year 2003). to section 19(b)(3)(A) of the Act and subparagraph for which premiums are being paid (the Status: Closed meetings. Continued
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this proposal as one establishing or Commission is publishing this notice to include a provision for the pass-through changing a due, fee or other charge solicit comments on the proposed rule of miscellaneous trading related fees. imposed by the self-regulatory change from interested persons. The text of the proposed rule change is organization under section I. Self-Regulatory Organization’s below. Proposed new language is in 19(b)(3)(A)(ii) of the Act 4 and Rule 19b– Statement of the Terms of Substance of italics. 4(f)(2) thereunder,5 which renders the the Proposed Rule Change * * * * * proposed rule change effective upon The Exchange proposes to amend its filing with the Commission. The Floor Operations Fee Schedule to
Floor Operation Fees (1) Occupancy/Technology: Occupancy Fee ...... $500.00 per post per month. Specialist/Floor Trader Technology Fee ...... $500.00 per Beacon terminal per month. Floor Broker Technology Fee ...... $100.00 per Beacon terminal per month. Security Routing Fee ...... $500.00 per month per Beacon user-ID that has stocks routed to it. Floor Facility Fee ...... $250.00 per person that regularly accesses the trading floor. Electronic Trading Permit Fee ...... $1,000.00 per trader trading from a remote location per month. (2) Specialist Post Clearing and Cashiering: Post Cashiering Fee ...... $750.00 per specialist book for first 3 books per firm. $100.00 per specialist book for any books in excess of 3 per firm. Clearing Fee ...... $.05 per trade. (3) Listed Specialist Trade Processing Fees/Credits: Pre-Opening Trades ...... No Charge. Trades in CTA Securities ranked 1,001 and greater ...... No Charge (BSE executions only). Round lot ...... $.50 per order. Odd Lot Trades (includes CSI Issues) ...... $.05 per order ($400 maximum per account). Trading Account Trades ...... $1.50 per order. ETF Trade Credit ...... $2.00 per trade (maximum annual credit capped at total amount paid in upfront annual registration fees). Listed Securities A. Maximum Total Round lot/Odd lot charges: CTA Trade Rank: Monthly Transaction Fee Maximum 1–50 ...... $400. 51–100 ...... $300. 101–500 ...... $250. 501+ ...... $0*. * Includes BSE executions only. For all other executions, the applicable trade rate will apply. B. Credit: Primary Specialist ...... $.50 per trade (based on Competing Specialist trade volume). (Total of the assessed fees for round lot/odd lot trades and trade credits will not be less than zero on a per issue basis) (4) Other Charges: ITS User Fee ...... $.003 per share on net outbound specialist trades (charge for out- going trades offset by cumulative credit for incoming trades); No charge for non-specialist firms. Quotation Services ...... Member assumes 100% of cost. Specialist Margin Account Financing ...... Charged daily at current broker call rate. Solely Listed Issue Credit ...... $50.00 Credit per issue traded. Miscellaneous Trading Charges ...... Direct pass through of all miscellaneous trading charges, such as Nasdaq fees, other market center access fees, ECN access fees, trading-related telecommunications charges, market data service charges, and other similar fees and charges. Miscellaneous Administrative Charges ...... At cost for phone, postage, courier service, fax usage, after hours BSE staff assistance and other applicable items. Late Fees ...... 1.5% will be charged on outstanding balances as of the last calendar day of the month.
* * * * * the proposed rule change and discussed A. Self-Regulatory Organization’s any comments it received on the Statement of the Purpose of, and II. Self-Regulatory Organization’s proposed rule change. The text of these Statutory Basis for, the Proposed Rule Statement of the Purpose of, and Change Statutory Basis for, the Proposed Rule statements may be examined at the Change places specified in Item IV below. The 1. Purpose Exchange has prepared summaries, set In its filing with the Commission, the forth in Sections A, B, and C below, of The purpose of the proposed rule Exchange included statements the most significant aspects of such change is to amend the Exchange’s Floor concerning the purpose of and basis for statements. Operation Fee schedule to include a
(f)(2) of Rule 19b–4 thereunder. See letter dated calculating the 60-day period within which the on April 22, 2003, the date the Exchange filed April 22, 2003, from John Boese, Vice President, Commission may summarily abrogate the proposed Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C). Legal and Compliance, Exchange, to Katherine rule change under section 19(b)(3)(C) of the Act, the 4 15 U.S.C. 78s(b)(3)(A)(ii). England, Assistant Director, Division of Market Commission considers that the period to commence 5 Regulation, Commission. For purposes of 17 CFR 240.19b–4(f)(2).
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provision for the pass-through of all Secretary, Securities and Exchange March 10, 2003, CBOE filed miscellaneous fees to its members who Commission, 450 Fifth Street, NW., Amendment No. 1 to the proposed rule incur such charges as a result of trading Washington, DC 20549–0609. Copies of change.5 This order approves the activity on the Exchange. The provision the submission, all subsequent proposed rule change, as amended. would allow for, among other things, as amendments, all written statements II. Description of the Proposed Rule applicable, the pass-through of all with respect to the proposed rule Change Nasdaq fees, other market center access change that are filed with the fees, ECN access fees, trading-related Commission, and all written A. Text of the Proposed Rule Change telecommunications charges, market communications relating to the The Exchange proposes to amend its data service charges, and other similar proposed rule change between the rules requiring members to report charges. Commission and any person, other than outside business affiliations of their those that may be withheld from the 2. Statutory Basis personnel to the Exchange. Below is the public in accordance with the text of the proposed rule change. The Exchange believes that the provisions of 5 U.S.C. 552, will be Proposed new language is italicized. proposed rule change is consistent with available for inspection and copying in Proposed deletions are in [brackets].6 section 6 of the Act,6 in general, and the Commission’s Public Reference section 6(b)(4) of the Act,7 in particular, Room. Copies of such filing will also be * * * * * in that it provides for the equitable available for inspection and copying at Chicago Board Options Exchange, Inc. allocation of reasonable dues, fees, and the principal office of the Exchange. All Rules other charges among its members. submissions should refer to File No. * * * * * B. Self-Regulatory Organization’s SR–BSE–2003–03 and should be Statement on Burden on Competition submitted by June 5, 2003. Rule 3.6A. Qualification and The Exchange does not believe that For the Commission, by the Division of Registration of Certain Associated Market Regulation, pursuant to delegated Persons the proposed rule change will result in authority.10 any burden on competition that is not (a) Financial/Operations Principal. Margaret H. McFarland, necessary or appropriate in furtherance Each individual member or member of the purposes of the Act. Deputy Secretary. organization subject to Exchange Act [FR Doc. 03–12147 Filed 5–14–03; 8:45 am] rule 15c3–1 shall designate a Financial/ C. Self-Regulatory Organization’s BILLING CODE 8010–01–P Statement on Comments on the Operations Principal. The duties of a Proposed Rule Change Received From Financial/Operations Principal shall include taking appropriate actions to Members, Participants or Others SECURITIES AND EXCHANGE assure that the member complies with COMMISSION The Exchange has neither solicited applicable financial and operational nor received comments on the proposed [Release No. 34–47818; File No. SR–CBOE– requirements under the rules and the rule change. 2003–02] Exchange Act, including but not limited III. Date of Effectiveness of the to those requirements relating to the Self-Regulatory Organizations; Order submission of financial reports and the Proposed Rule Change and Timing for Granting Approval of Proposed Rule Commission Action maintenance of books and records. Each Change by the Chicago Board Options Financial/Operations Principal is The proposed rule change has become Exchange, Inc., Relating to the required to have successfully completed immediately effective pursuant to Reporting of Other Affiliations of the Financial and Operations Principal section 19(b)(3)(A)(ii) of the Act,8 and Associated Persons to the Exchange subparagraph (f)(2) of Rule 19b–4 Examination (Series 27 Exam). Each thereunder,9 in that it establishes or May 8, 2003. Financial/Operations Principal designated by a member shall be changes a due, fee, or other charge I. Introduction imposed by the self-regulatory registered in that capacity with the organization. At any time within 60 On January 9, 2003, the Chicago Exchange in a form and manner days of the filing of such proposed rule Board Options Exchange, Inc. (‘‘CBOE’’ prescribed by the Exchange. A change, the Commission may summarily or ‘‘Exchange’’), filed with the Securities Financial/Operations Principal of a abrogate the rule change if it appears to and Exchange Commission (‘‘Commission’’), pursuant to section A.G. Edwards & Sons, Inc., to Jonathan Katz, the Commission that such action is Secretary, Commission. The commenter expressed necessary or appropriate in the public 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and rule 19b-4 support for the proposed rule change. interest, for the protection of investors, 5 thereunder,2 a proposed rule change In Amendment No. 1, CBOE added a comma or otherwise in furtherance of the immediately following the phrase ‘‘Financial / relating to a member’s obligation to purposes of the Act. Operations Principal’’ in revised CBOE rule 9.4. report other affiliations of its Associated This grammatical correction clarifies the scope of IV. Solicitation of Comments Persons (‘‘APs’’) to the Exchange. Notice application of rule 9.4(b) to Registered Options Principals and Sales Supervisors, in accordance Interested persons are invited to of the proposed rule change was with the intent of the proposal, as described in the submit written data, views, and published for comment in the Federal Notice. This is a technical amendment to the arguments concerning the foregoing, Register on February 5, 2003.3 The proposed rule change that does not require notice including whether the proposed rule Commission received one comment and comment. See e-mail from Jaime Galvan, letter on the proposed rule change.4 On Attorney, CBOE, to Andrew Shipe, Special Counsel, change is consistent with the Act. Division of Market Regulation, Commission, dated Persons making written submissions March 10, 2003 (‘‘Amendment No. 1’’). 10 should file six copies thereof with the 17 CFR 200.30–3(a)(12). 6 The text of the proposed rule change was 1 15 U.S.C. 78s(b)(1). published in the notice. This publication of rule 2 17 CFR 240.19b–4. text corrects a typographical error in the notice to 6 15 U.S.C. 78f. 3 See Securities Exchange Act Release No. 47290 show that the phrase ‘‘and Registered 7 15 U.S.C. 78f(b)(4). (January 30, 2003), 68 FR 5945 (‘‘Notice’’). Representative’’ in revised CBOE rule 9.4(b) should 8 15 U.S.C. 78s(b)(3)(A)(ii). 4 March 6, 2003 letter from Brian C. Underwood, have been marked as deleted by placing it in 9 17 CFR 240.19b–4(f)(2). Senior Vice President—Director of Compliance, [brackets].
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member may be a full-time employee [of from the Exchange in order to engage in associated persons, including any the member], [or with the prior written any business, other than that of their potential conflicts of interest involving approval of the Exchange, may be] a member organization, during business any associated person, in a manner that part-time employee or independent hours. Further, CBOE rule 3.6A assures compliance with the Act and contractor of the member. Member firms (‘‘Qualification and Registration of rules and regulations thereunder, as for which the Exchange is the Certain Associated Persons’’) provides well as applicable rules of the CBOE. To Designated Examining Authority that a member firm may employ a part- this end, the Commission notes that (‘‘DEA’’) must provide prompt written time employee or independent CBOE member firms will be obligated to notice to the Exchange’s Department of contractor as a Financial/Operations review and approve in writing any Financial and Sales Practice Principal, provided that it receives the outside business arrangements of their Compliance for each person designated prior written approval of the Exchange personnel. as a Financial/Operations Principal to do so. Therefore, the Commission believes reporting whether such person is a full- Pursuant to the proposed rule change, that the proposal is consistent with time employee, part-time employee, CBOE would amend rule 9.4 to apply to section 6(b)(5) of the Act,10 which independent contractor or has any all of a member firm’s registered APs. requires, among other things, that the outside business affiliations. The rule would now provide that, other rules of an exchange be designed to (b) No change. than in the case of a passive investment, promote just and equitable principles of * * * Interpretations and Policies: all such persons would be required to trade, and to protect investors and the .01—.03 No change. give prompt written notice to the public interest. * * * * * employing member, and to receive the IV. Conclusion member’s prior written consent, with CHAPTER IX respect to outside business activities. It is therefore ordered, pursuant to * * * * * Where CBOE is the firm’s Designated section 19(b)(2) of the Act,11 that the proposed rule change, as amended (File Doing Business with the Public Examining Authority, and the AP in question is a ROP, Sales Supervisor, or No. SR–CBOE–2003–02) be, and it Rule 9.4. Other Affiliations of Registered Financial / Operations Principal, the hereby is, approved. [Representatives] Associated Persons CBOE will also require prompt written For the Commission, by the Division of notice to the Exchange. CBOE rule Market Regulation, pursuant to delegated (a) No person associated with a 12 member in any registered capacity shall 3.6A’s restrictions on FINOPs would authority. be employed by, or accept also be amended with changes Margaret H. McFarland, compensation from, any other person or corresponding to the new provisions of Deputy Secretary. entity as a result of any business rule 9.4. [FR Doc. 03–12145 Filed 5–14–03; 8:45 am] activity, other than a passive III. Discussion BILLING CODE 8010–01–P investment, outside the scope of his/her relationship with his/her employer firm, After careful review, the Commission unless the person has provided prompt finds that the proposed rule change is SECURITIES AND EXCHANGE written notice to the member and has consistent with the requirements of the COMMISSION received prior written consent of the Act and the rules and regulations [Release No. 34–47812; File No. SR–CME– member. thereunder applicable to a national 2003–01] (b) Except with the prior written securities exchange.7 In particular, the consent of the member and [express] Commission believes that the proposal Self-Regulatory Organizations; Notice prompt written notice to [permission of] is consistent with section 6(b)(5) of the of Filing and Order Granting the Exchange, every Registered Options Act,8 which requires, among other Accelerated Approval of a Proposed Principal, Sales Supervisor, and things, that the rules of an exchange be Rule Change by the Chicago Financial/Operations Principal, designed to promote just and equitable Mercantile Exchange To Adopt, on a registered with a member for which the principles of trade and to protect Permanent Basis, a Standard Under Exchange is the Designated Examining investors and the public interest. Which a Market Maker Can Qualify for Authority (‘‘DEA’’) [and Registered The Commission believes that the Exclusion From CME’s Margin Rules Representative] shall devote his/her proposed rule change will provide May 7, 2003. entire time during business hours to the CBOE with information that it needs to Pursuant to section 19(b)(1) of the business of the member organization regulate its member firms. The Securities Exchange Act of 1934 employing [him] or compensating him/ Commission further notes that the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 her. [or to the business of its affiliates proposed rules are similar to rules of 9 notice is hereby given that on May 7, which are engaged in the transaction of other self-regulatory organizations. 2003, the Chicago Mercantile Exchange business as a broker or dealer in Finally, the proposed rule change does (‘‘CME’’ or ‘‘Exchange’’) filed with the securities or commodities or in such not alter in any way the obligation of a Securities and Exchange Commission other businesses as have been approved CBOE member or member organization (‘‘Commission’’) the proposed rule by the Exchange.] to oversee the operation of its business and supervise the performance of its change as described in Items I and II * * * * * below, which Items have been prepared B. Description of the Proposed Rule 7 In approving this proposal, the Commission has by CME. The Commission is publishing Change considered the proposed rule’s impact on this notice to solicit comments on the efficiency, competition, and capital formation. 15 proposed rule change from interested Currently, CBOE rule 9.4 (‘‘Other U.S.C. 78(c)(f). 8 15 U.S.C. 78f(b)(5). Affiliations of Registered 10 15 U.S.C. 78f(b)(5). 9 See American Stock Exchange rule 342(b), Representatives’’) requires a member 11 National Association of Securities Dealers rule 15 U.S.C. 78s(b)(2). firm’s Registered Representatives and 3030, New York Stock Exchange rule 346(b), Pacific 12 17 CFR 200.30–3(a)(12). Registered Options Principals (‘‘ROPs’’) Exchange rule 1.26(d) and Philadelphia Stock 1 15 U.S.C. 78s(b)(1). to obtain express written permission Exchange rule 793. 2 17 CFR 240.19b–4.
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persons and to grant accelerated in each calendar quarter by Market excluded from customer margin approval of the proposed rule change. Makers who have undertaken either an requirements for security futures. Unlimited Assignment or Limited The CME notes that the Market Maker I. Self-Regulatory Organization’s Assignment but where the Exchange is Exclusion has not actually been Statement of the Terms of Substance of listing four (4) or fewer Security Futures deployed in practice at the Exchange to the Proposed Rule Amendments Contracts. date. In addition, the CME notes that the CME proposes to adopt, on a For purposes of clauses (1) and (2) Commission has received no comment permanent basis, CME Rule above, beginning on the 181st calendar letters on this matter during the pilot 930.B.2.b.(3) (herein referred to as day after the commencement of trading period. The CME proposes no changes ‘‘Market Maker Exclusion’’). On of Security Futures Contracts on the to the Market Maker Exclusion and, November 8, 2002, the Commission Exchange, a ‘‘meaningful proportion of therefore, CME proposes to adopt the approved the Market Maker Exclusion the total trading volume of Security proposed rule change on a permanent on a pilot basis, ending May 7, 2003 (the Futures Contracts on the Exchange’’ basis. ‘‘Pilot’’).3 CME believes that permanent shall mean a minimum of 20% of such 2. Statutory Basis approval of the Market Maker Exclusion trading volume. The CME believes that the proposed is consistent with the jointly adopted Any Market Maker that fails to rule change is consistent with section margin rules of the Commission and the comply with the applicable Rules of the 6(b)(5) of the Act 6 in that it promotes Commodity Futures Trading Exchange, CFTC Regulations 41.41 competition and is designed to prevent Commission (‘‘CFTC’’) (collectively, through 41.49 and SEC Regulations fraudulent and manipulative acts and ‘‘Commissions’’). 242.400 through 242.406 shall be Below is the text of the proposed rule practices, to promote just and equitable subject to disciplinary action in change that CME proposes to adopt on principles of trade, and to protect accordance with Chapter 4. Appropriate a permanent basis. investors and the public interest. The sanctions in the case of any such failure CME believes that the proposed rule * * * * * shall include, without limitation, a change is designed to accomplish these revocation of such Market Maker’s 930.B. Performance Bond Rates goals by permitting members to trade registration as a Security Futures Dealer. 1. Non-Security Futures (No Change). security futures, as permitted under the 2. Security Futures c.–d. (No Change). Commission’s Rule. a.–b. (1) and (2) (No change). * * * * * B. Self-Regulatory Organization’s (3) The Market Maker: II. Self-Regulatory Organization’s Statement on Burden on Competition (i) Is assigned to a group of Security Statement of the Purpose of, and The CME does not believe that the Futures Contracts listed on the Statutory Basis for, the proposed Rule proposed rule change will have an Exchange that is either unlimited in Change nature (‘‘Unlimited Assignment’’); or, is impact on competition. assigned to no more that 20% of the In its filing with the Commission, the C. Self-Regulatory Organization’s Security Futures Contracts listed on the CME included statements concerning Statement on Comments on the Exchange (‘‘Limited Assignment’’); the purpose of, and basis for, the Proposed Rule Change Received From (ii) At least 75% of the Market proposed rule change and discussed any Members, Participants, or Others Maker’s total trading activity in comments it received on the proposed Exchange Security Futures Contracts is rule change. The text of these statements Comments on the proposed rule in its assigned Security Futures may be examined at the places specified change have not been solicited and none Contracts, measured on a quarterly in Item III below. The CME has prepared have been received. basis; summaries, set forth in sections A, B, III. Solicitation of Comments (iii) During at least 50% of the trading and C below, of the most significant day the Market Maker has bids or offers aspects of such statements. Interested persons are invited to in the market that are at or near the best submit written data, views and A. Self-Regulatory Organization’s market, except in unusual market arguments concerning the foregoing, Statement of the Purpose of, and conditions as determined by the including whether the proposed rule Statutory Basis for, the Proposed Rule Exchange (such as a fast market in either change is consistent with the Act. Change a Security Futures Contract or a security Persons making written submissions underlying a Security Futures Contract), 1. Purpose should file six copies thereof with the with respect to at least 25% (in the case Secretary, Securities and Exchange The CME proposes to adopt, on a of an Unlimited Assignment) or at least Commission, 450 Fifth Street, NW., permanent basis, the Market Maker one (in the case of a Limited Washington, DC 20549–0609. Copies of Exclusion, which sets forth the Assignment) of its assigned Security the submission, all subsequent standards under which a CME member Futures Contracts; and amendments, all written statements may be excluded from the Exchange’s (iv) The requirements in (ii) and (iii) with respect to the proposed rule margin requirements as a ‘‘market are satisfied on (a) at least 90% of the change that are filed with the maker.’’ The CME believes that the trading days in each calendar quarter by Commission, and all written proposed rule change is consistent with Market Makers who have undertaken an communications relating to the Commission Rule 400(c)(2)(v) under the Unlimited Assignment; or (b) at least proposed rule change between the Act 4 5 80% of the trading days in each and CFTC Rule 41.42(c)(2)(v), Commission and any person, other than calendar quarter by Market Makers who which establish standards by which those that may be withheld from the have undertaken a Limited Assignment; members of national securities public in accordance with the or (c) on at least 80% of the trading days exchanges may qualify as Security provisions of 5 U.S.C. 552, will be Futures Dealers and therefore be available for inspection and copying in 3 See Securities Exchange Act Release No. 46792 the Commission’s Public Reference (November 8, 2002), 67 FR 69273 (November 15, 4 17 CFR 242.400(c)(2)(v). 2002). 5 17 CFR 41.42(c)(2)(v). 6 15 U.S.C. 78f(b)(5).
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Room. Copies of such filing will also be CME pursuant to Rule 930.B.2.b.(3) Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) available for inspection and copying at satisfy this requirement. filed with the Securities and Exchange the principal office of the CME. All The CME has requested that the Commission (‘‘Commission’’) the submissions should refer to File No. Commission approve the proposed rule proposed rule change as described in SR–CME–2003–01 and should be change prior to the thirtieth day after Items I, II, and III below, which Items submitted by June 5, 2003. publication of notice of the filing in the have been prepared by the Exchange. Federal Register. The Commission finds On May 1, 2003, the ISE submitted IV. Commission Findings and Order good cause for approving the proposed Amendment No. 1 to the proposed rule Granting Accelerated Approval of a rule change prior to the thirtieth day change.3 The Commission is publishing Proposed Rule Change after the date of publication of notice of this notice to solicit comments on the filing thereof in the Federal Register. The Commission finds that the proposed rule change, as amended, from The Commission believes that proposed rule change is consistent with interested persons. accelerated approval of the proposed the requirements of the Act and the rule change should enable CME I. Self-Regulatory Organization’s rules and regulations thereunder members to trade security futures as Statement of the Terms of Substance of applicable to a national securities market makers under the Market Maker the Proposed Rule Change exchange.7 In particular, the Exclusion without undue delay. The The Exchange is proposing to amend Commission believes that the proposed Commission notes that it approved the ISE Rule 720 (the ‘‘Obvious Error rule change is consistent with the Market Maker Exclusion as a temporary Rule’’). Proposed new language is requirements of section 6(b)(5) of the pilot to give members of the public an italicized; proposed deletions are in Act,8 which requires, among other opportunity to comment on the [brackets]. things, that the rules of the Exchange be substance of the Market Maker * * * * * designed to promote just and equitable Exclusion. The Commission received no Rule 720. Obvious Errors principles of trade and, in general, to comments on the Pilot. Accordingly, the protect investors and the public The Exchange shall either bust a 9 Commission finds good cause, interest. In addition, the Commission consistent with section 19(b)(2) of the transaction or adjust the execution price believes that the proposed rule change Act,12 to approve the proposed rule of a transaction that results from an is consistent with section 7(c)(2)(B) of change prior to the thirtieth day after Obvious Error as provided in this Rule. 10 the Act, which provides, among other publication of the notice of filing. (a) Definition of Obvious Error. For things, that the margin requirements for purposes of this Rule only, an Obvious security futures must preserve the V. Conclusion Error will be deemed to have occurred financial integrity of markets trading It is therefore Ordered, pursuant to when the execution price of a security futures, prevent systemic risk, section 19(b)(2) of the Act,13 that the transaction is higher or lower than the be consistent with the margin proposed rule change (File No. SR– Theoretical Price for the series by an requirements for comparable exchange- CME–2003–01) be approved, on a amount equal to at least the amount traded options, and provide that the permanent basis, on an accelerated shown below: margin levels for security futures may basis. be no lower than the lowest level of Minimum For the Commission, by the Division of Theoretical price amount margin, exclusive of premium, required Market Regulation, pursuant to delegated 14 for any comparable exchange-traded authority. Below $2 ...... 25 option. Margaret H. McFarland, $2 to $5 ...... 40 The Commission believes that the Deputy Secretary. Above $5 to $10 ...... 50 CME’s standards for market makers [FR Doc. 03–12148 Filed 5–14–03; 8:45 am] Above $10 to $20 ...... 80 Above $20 ...... 1.00 under Rule 930.B.2.b.(3) are consistent BILLING CODE 8010–01–P with the Act, and Rule 400(c)(2)(v) [(1) If the Theoretical Price of the thereunder.11 Specifically, Rule option is less than $3.00: 400(c)(2)(v) provides that the SECURITIES AND EXCHANGE COMMISSION (i) During regular market conditions Commissions’ joint margin rules do not (including rotations), the execution apply to a member of a national [Release No. 34–47817; File No. SR–ISE– price of a transaction is higher or lower securities exchange that is registered 2003–10] than the Theoretical Price for the series with such exchange as a ‘‘Security by an amount of 35 cents or more; or Futures Dealer’’ pursuant to exchange Self-Regulatory Organizations; Notice (ii) During fast market conditions (i.e., rules that must meet several criteria, of Filing of Proposed Rule Change and the Exchange has declared a fast market including a requirement that a Security Amendment No. 1 Thereto by the status for the option in question), the Futures Dealer be required to ‘‘to hold International Securities Exchange, Inc. execution price of a transaction is itself out as being willing to buy and sell To Amend Its Obvious Error Rule higher or lower than the Theoretical security futures for its own account on Price for the series by an amount of 50 a regular and continuous basis.’’ The May 8, 2003. Pursuant to section 19(b)(1) of the cents or more. Commission believes that the (2) If the Theoretical Price of the affirmative obligations required by the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b-4 thereunder,2 option is $3.00 or higher: notice is hereby given that on February (i) During regular market conditions 7 15 U.S.C. 78s(b)(2). 28, 2003, the International Securities (including rotations), the execution 8 15 U.S.C. 78f(b)(5). 9 In approving the proposed rule, the Commission 3 See letter from Michael Simon, Senior Vice 12 15 U.S.C. 78s(b)(2). has considered the proposed rule’s impact on President and General Counsel, ISE, to Nancy 13 efficiency, competition, and capital formation. 15 15 U.S.C. 78s(b)(2). Sanow, Assistant Director, Division of Market U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). Regulation, Commission, dated April 30, 2003 10 15 U.S.C. 78g(c)(2)(B). 1 15 U.S.C. 78s(b)(1). (‘‘Amendment No. 1’’). In Amendment No. 1, the 11 17 CFR 240.400(c)(2)(v). 2 17 CFR 240.19b–4. ISE replaced the proposed rule text in its entirety.
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price of a transaction is higher or lower unless notification is made within the extension, but unusual circumstances than the Theoretical Price for the series prescribed time periods. must merit special consideration. by an amount equal to at least two (2) (2) Adjust or Bust. Market Control will (3) Procedure for Requesting Review. times the maximum bid/ask spread determine whether there was an A request for review must be made in allowed for the option, so long as such Obvious Error as defined above. If it is writing within thirty (30) minutes after amount is 50 cents or more; or determined that an Obvious Error has a party receives verbal notification of a (ii) During fast market conditions (i.e., occurred, Market Control shall take one final determination by Market Control the Exchange has declared a fast market of the [following] actions listed below.[:] under this Rule, except that if status for the option in question), the Upon taking final action, Market notification is made after 3:30 p.m. execution price of a transaction is Control shall promptly notify both Eastern Time, either party has until 9:30 higher or lower than the Theoretical parties to the trade. a.m. Eastern Time the next trading day Price for the series by an amount equal (i) [w]Where each party to the to request review. The Obvious Error to at least three (3) times the maximum transaction is a market maker on the Panel shall review the facts and render bid/ask spread allowed for the option, Exchange, the execution price of the a decision on the day of the transaction, so long as such amount is 50 cents or transaction will be adjusted by Market or the next trade day in the case where more.] Control to the prices provided in a request is properly made after 3:30 on (b) Definition of Theoretical Price. For paragraphs (A) and (B) below unless the day of the transaction or where the purposes of this Rule only, the both parties agree to adjust the request is properly made the next trade Theoretical Price of an options series is: transaction to a different price or agree day. (1) If the series is traded on at least to bust the trade within ten (10) minutes [(3)] (4) Panel Decision. The Obvious one other options exchange, the last bid of being notified by Market Control of Error Panel may overturn or modify an price with respect to an erroneous sell the Obvious Error.[; or] action taken by Market Control under transaction, [or] and last offer price with (A) Erroneous buy transactions will be this Rule upon agreement by a majority respect to an erroneous buy transaction, adjusted to their Theoretical Price (1) of the Panel representatives. All just prior to the trade, [found on] plus $.15 if the Theoretical Price is determinations by the Obvious Error disseminated by the competing options under $3, and (2) plus $.30 if the Panel shall constitute final Exchange exchange that has the most liquidity in Theoretical Price is at or above $3. action on the matter at issue. (B) Erroneous sell transactions will be that option [as provided in Supplementary Material to Rule 720 Supplementary Material .02 below]; or adjusted to their Theoretical Price (1) (2) If there are no quotes for minus $.15 if the Theoretical Price is [.01 For purposes of paragraph (a) of comparison purposes, as determined by under $3, and (2) minus $.30 if the this Rule, the maximum bid/ask spread designated personnel in the Exchange’s Theoretical Price is at or above $3. shall be the maximum bid/ask spread market control center (‘‘Market (ii) [w]Where at least one party to the allowed under Rule 803(b), unless a Control’’). Obvious Error is not a market maker on wider spread has been allowed by the [(c) Adjustments. Where the execution the Exchange, the trade will be busted Exchange for the option because of price of a transaction executed as the by Market Control unless both parties unusual market conditions, such as high result of an Obvious Error is adjusted, agree to [adjust the] an adjustment price market volatility. the adjusted price will be: [of] for the transaction within thirty (30) .02 The Theoretical Price will be (1) The Theoretical Price of the option minutes of being notified by Market determined under paragraph (b)(1) in the case where the erroneous price is Control of the Obvious Error. [Upon above as follows: (i) The bid price from displayed in the market and taking final action, Market Control shall the exchange providing the most subsequently executed by quotes or promptly notify both parties to the volume will be used with respect to an orders that did not exist in the System trade.] erroneous bid price entered on the at the time the erroneous price was (e) Obvious Error Panel. Exchange, and (ii) the offer price from entered; or (1) Composition. An Obvious Error the exchange providing the most (2) The last bid or offer, just prior to Panel will be comprised of volume will be used with respect to an the trade, found on the exchange that representatives from four (4) Members. erroneous offer price entered on the has the most liquidity in that option as Two (2) of the representatives must be Exchange. provided in Supplementary Material .03 directly engaged in market making .03 The price to which a transaction below in the case where an erroneous activity and two (2) of the is adjusted under paragraph (c)(2) above price executes against quotes or orders representatives must be employed by an will be as follows: (i) The bid price from already existing in the System at the Electronic Access Member. the exchange providing the most time the erroneous price was entered. (2) [Request for] Scope of Panel’s volume for the option will be used with (d)] (c) Obvious Error Procedure. Review. If a party affected by a respect to an erroneous offer price Market Control shall administer the determination made under this Rule so entered on the Exchange, and (ii) the application of this Rule as follows. requests within the time permitted in (3) offer price from the exchange providing (1) Notification. If a market maker on below, the Obvious Error Panel will the most volume for the option will be the Exchange believes that it review decisions made by Market used with respect to an erroneous bid participated in a transaction that was Control under this Rule, including price entered on the Exchange. If there the result of an Obvious Error, it must whether an Obvious Error occurred, are no quotes for comparison purposes, notify Market Control within five (5) whether the correct Theoretical Price the adjustment price will be determined minutes of the execution. If an was used, and whether an adjustment by Market Control.] Electronic Access Member believes an was made at the correct price. A party [.04] .01 When Market Control order it executed on the Exchange was may also request that the Obvious Error determines that an Obvious Error has the result of an Obvious Error, it must Panel provide relief [under] as provided occurred and action is warranted under notify Market Control within twenty in this Rule in cases where the party paragraph [(d)](c)(2) above, the identity (20) minutes of the execution. Absent failed to provide the notification of the parties to the trade will be unusual circumstances, Market Control required in paragraph [(d)](c)(1) and disclosed to each other in order to will not grant relief under this Rule Market Control declined to grant an encourage conflict resolution.
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[.05] .02 To qualify as a concerning the purpose of, and basis for, obvious error is a multiple of the representative of an Electronic Access the proposed rule change and discussed option’s maximum allowable bid/ask Member on an Obvious Error Panel, a any comments it received on the spread, with a greater multiple applied person must (i) be employed by a proposed rule change. The text of these in fast market conditions. Member whose revenues from options statements may be examined at the The Exchange proposes to amend the market making activity do not exceed places specified in Item IV below. The Rule to provide that the Theoretical ten percent (10%) of its total revenues; Exchange has prepared summaries, set Price for trades caused by erroneous buy or (ii) have as his or her primary forth in Sections A, B, and C below, of orders or bid quotes will be determined responsibility the handling of Public the most significant aspects of such by the offer from the other options Customer orders or supervisory statements. exchange, and that the Theoretical Price responsibility over persons with such of trades caused by erroneous sell orders A. Self-Regulatory Organization’s responsibility, and not have any or offer quotes will be determined by Statement of the Purpose of, and responsibilities with respect to market the bid from the other options exchange. Statutory Basis for, the Proposed Rule making activities. Because the side to which the Rule will [.06] .03 The Exchange shall Change look to determine the Theoretical Price designate at least ten (10) market maker 1. Purpose is switched, the Exchange proposes to representatives and at least ten (10) The Exchange proposes to amend ISE reduce the required deviation necessary Electronic Access representatives to be Rule 720 to simplify its application. for a trade to qualify as an obvious error called upon to serve on Obvious Error When the Exchange first adopted the to the amount equivalent to the Panels as needed. In no case shall an Obvious Error Rule,4 it was the first maximum bid/ask spread for the series, Obvious Error Panel include a person such rule of its kind on any options rather than a multiple of the allowable related to a party to the trade in exchange. During the nearly two-year spread. The result of these two changes question. To the extent reasonably period since the Rule was approved by taken together is not material for options possible, the Exchange shall call upon the Commission, the Exchange made priced $3 and higher, as the price at the designated representatives to which a trade must occur to qualify as minor adjustments to the Rule to 6 participate on an Obvious Error Panel address specific issues that arose.5 an obvious error does not change. For on an equally frequent basis. The current proposed rule change options priced under $3, the proposed [.07] .04 All determinations made by represents the result of a comprehensive rule change will increase the deviation the Exchange, Market Control or an analysis of the effectiveness of the Rule required for a trade to qualify as an Obvious Error Panel under this Rule in addressing obvious error situations. obvious error. shall be rendered without prejudice as After consultation with Members, the As described below, the Exchange is to the rights of the parties to the Exchange believes that the structure and also proposing a manner in which to transaction to submit a dispute to standards of the Rule have worked very address obvious errors in the purchase arbitration. well. However, the Rule itself is of certain very low-priced options. .05 Buyers of options with a zero bid unnecessarily complex, which can Finally, the Exchange proposes to and $.05 offer (i.e., a Theoretical Price create confusion and uncertainty eliminate entirely the current rule’s of $.05) may request that their execution regarding when trades qualify as distinction between regular market be busted if at least the three strikes condition and fast market condition, as obvious errors and the prices to which below (for calls) or above (for puts) in the higher standard for fast market qualifying trades may be adjusted. the same options class were quoted with conditions is unnecessary in the Accordingly, the Exchange proposes the a zero bid and $.05 offer at the time of Exchange’s electronic environment. the execution. Such buyers must follow changes described herein. Adjusting Prices the procedures of paragraph (c)(1) Determining Whether or Not an Obvious above. Error Has Occurred Paragraph (c) in Supplementary Material .03 of the current Rule governs .06 For purposes of paragraph (b)(1) Currently, under paragraph (b) of the the price to which a trade is adjusted of Rule 720, the competing options Rule and Supplementary Material .02, when there is an obvious error. exchange with the most liquidity will be the Theoretical Price for an option is Currently, the price used is dependent the options exchange that had the determined by the bid price on the on whether the erroneous price existed highest total contract volume in the options exchange other than ISE that in the market first, or whether the options class for the previous two has the most volume in the option for erroneous price executed against an months (e.g., if an obvious error occurs erroneous buy orders or bid quotes. existing order or quote in the book. The on March 9, the total contract volume Similarly, the Theoretical Price for an Exchange proposes to apply a single from January 8 to March 8 will be used). option is determined by the offer price .07 For purposes of Rule 720, an adjustment standard to all executions on the other options exchange for ‘‘erroneous sell transaction’’ is one in that qualify as an obvious error: erroneous sell orders or offer quotes. which the price received by the person erroneous buy executions will be Determining the Theoretical Price in selling the option is erroneously low, adjusted to the Theoretical Price (the this manner is counter-intuitive to and an ‘‘erroneous buy transaction’’ is offer) plus $.15 for options under $3, market participants, which generally one in which the price received by the and plus $.30 for options as or above $3. look to the offer as the price at which person purchasing the option is one can buy and the bid as the price at erroneously high. 6 For example, assume the quote on the options which one can sell. Moreover, under exchange other than ISE for an option is $6 to $6.50. * * * * * paragraph (a) of the Rule, the required Under the current Rule, the execution price of a buy II. Self-Regulatory Organization’s deviation from the Theoretical Price order must be $7 higher, i.e., the Theoretical Price necessary to qualify the trade as an (the bid from the other options exchange) plus an Statement of the Purpose of, and amount equal to twice the allowable spread ($.50). Statutory Basis for, the Proposed Rule Under the amended Rule, the execution price of the Change 4 See Securities Exchange Act Release No. 44376 buy order must still be $7 or higher, i.e., the (June 1, 2001), 66 FR 30772 (June 7, 2001). Theoretical Price (the offer from the other options In its filing with the Commission, the 5 See Securities Exchange Act Release No. 46110 exchanges) plus an amount equal to the allowable Exchange included statements (June 25, 2002), 67 FR 44487 (July 2, 2002). spread ($.50).
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Erroneous sell executions will be C. Self-Regulatory Organization’s SECURITIES AND EXCHANGE adjusted to the Theoretical Price (the Statement on Comments on the COMMISSION bid) minus $.15 for options under $3, Proposed Rule Change Received From and minus $.30 for options at or above Members, Participants, or Others [Release No. 34–47810; File No. SR–OC– $3. This change addresses two issues 2003–05] under the current Rule. First, it The Exchange did not solicit or receive written comments on the simplifies the determination of the Self-Regulatory Organizations; Notice proposed rule change. appropriate adjustment price and of Filing and Order Granting creates certainty for Members who III. Date of Effectiveness of the Accelerated Approval of a Proposed generally do not know which price was Proposed Rule Change and Timing for Rule Change and Amendment No. 1 first in the market at the time a trade Commission Action Thereto by OneChicago, LLC To occurs. Second, it protects against abuse Adopt, on a Permanent Basis, the of the Rule, as the adjustment price is Within 35 days of the date of Standards Under Which a Market not as favorable as what the party publication of this notice in the Federal Maker Can Qualify for Exclusion From Register or within such longer period (i) making the error would have received OneChicago’s Margin Rules as the Commission may designate up to had it not made an error. 90 days of such date if it finds such May 7, 2003. The ‘‘Nickel Rule’’ longer period to be appropriate and Pursuant to section 19(b)(1) of the publishes its reasons for so finding or Securities Exchange Act of 1934 The current obvious error Rule does (ii) as to which the Exchange consents, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 not contain any special criteria for the Commission will: notice is hereby given that on May 5, executions in options with a quote of $0 (A) By order approve such proposed 2003, OneChicago, LLC (‘‘OneChicago’’ to $.05 (no bid, offered at a nickel). The rule change, or or ‘‘Exchange’’) filed with the Securities Exchange proposes to create a special (B) Institute proceedings to determine and Exchange Commission standard for no-bid buyers, as a (‘‘Commission’’ or ‘‘SEC’’) the proposed purchase of these options is extremely whether the proposed rule change should be disapproved. rule change as described in Items I and rare and most often the result of an II below, which Items have been error. Under proposed Supplementary IV. Solicitation of Comments prepared by OneChicago. On May 6, Material .05, buyers of options priced at 2003, OneChicago submitted no bid, offered at a nickel, may request Interested persons are invited to Amendment No. 1 to the proposed rule that their execution be busted if at least submit written data, views, and change.3 The Commission is publishing the three strike prices below (for calls) arguments concerning the foregoing, this notice to solicit comments on the or above (for puts) in the same class including whether the proposed rule proposed rule change, as amended, from were quoted no bid, offered at a nickel change, as amended, is consistent with interested persons and to grant at the time of the erroneous execution. the Act. Persons making written accelerated approval of the proposed The buyer must notify market control as submissions should file six copies rule change. thereof with the Secretary, Securities otherwise required under the Rule. and Exchange Commission, 450 Fifth I. Self-Regulatory Organization’s 2. Statutory Basis Street, NW., Washington, DC 20549– Statement of the Terms of Substance of 0609. Copies of the submission, all the Proposed Rule Change The Exchange believes that the subsequent amendments, all written proposed rule change is consistent with statements with respect to the proposed OneChicago proposes to adopt, on a section 6(b) of the Act 7 in general, and rule change that are filed with the permanent basis, Rule 515(n)(ii)(C) furthers the objectives of section 6(b)(5)8 Commission, and all written (‘‘Exclusion for Market Makers’’) (herein in particular, in that it is designed to communications relating to the referred to as ‘‘Margin Rule’’). On prevent fraudulent and manipulative proposed rule change between the November 7, 2002, the Commission acts and practices, to promote just and Commission and any person, other than approved the Margin Rule on a pilot 4 equitable principles of trade, to remove those that may be withheld from the basis, ending May 7, 2003 (‘‘the Pilot’’). impediments to and perfect the public in accordance with the OneChicago believes that permanent mechanism for a free and open market provisions of 5 U.S.C. 552, will be approval of the Margin Rule is consistent with the jointly adopted and a national market system, and, in available for inspection and copying at margin rules of the Commission and the general, to protect investors and the the Commission’s Public Reference Commodity Futures Trading public interest. Room. Copies of such filing will also be available for inspection and copying at Commission (‘‘CFTC’’) (collectively, B. Self-Regulatory Organization’s the principal office of the Exchange. All ‘‘Commissions’’). Statement on Burden on Competition submissions should refer to File No. Below is the text of the proposed rule SR–ISE–2003–10 and should be change that OneChicago proposes to The Exchange does not believe that submitted by June 5, 2003. adopt on a permanent basis. the proposed rule change will impose any burden on competition that is not For the Commission, by the Division of * * * * * necessary or appropriate in furtherance Market Regulation, pursuant to delegated 9 of the purposes of the Act. authority. 1 15 U.S.C. 78s(b)(1). Margaret H. McFarland, 2 17 CFR 240.19b–4. 3 See letter from Madge M. Hamilton, Deputy Deputy Secretary. General Counsel, OneChicago, to Theodore Lazo, [FR Doc. 03–12146 Filed 5–14–03; 8:45 am] Senior Special Counsel, Division of Market Regulation, Commission, dated May 5, 2003. BILLING CODE 8010–01–P 4 See Securities Exchange Act Release No. 46787 7 15 U.S.C. 78f(b). (November 7, 2002), 67 FR 69059 (November 14, 8 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12). 2002).
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Customer Margin Requirements Assignment) of its assigned Contracts; 2. Statutory Basis and (z) the requirements set forth in 515. General Requirements; Offsetting OneChicago believes that the clauses (x) and (y) are satisfied on at Positions; Exclusion for Market Makers proposed rule change is consistent with least 90% (in the case of an Unlimited section 6(b)(5) of the Act,7 in that the (a)–(n)(ii)(B) No Change. Assignment) or 80% (in the case of a (C) Hold itself out as being willing to proposal promotes competition, and is Limited Assignment) of the trading days designed to prevent fraudulent and buy and sell security futures for its own in each calendar quarter. account on a regular or continuous manipulative acts and practices, to For purposes of clauses (1) and (2) promote just and equitable principles of basis. above, beginning on the 181st calendar A Market Maker satisfies condition trade, and to protect investors and the day after the commencement of trading (C) above if: public interest. OneChicago believes (1) Such Market Maker: (x) provides on the Exchange, a ‘‘meaningful that the proposed rule change is continuous two-sided quotations proportion of the total trading volume designed to accomplish these goals by throughout the trading day for all on the Exchange’’ shall mean a permitting members to qualify as delivery months of Contracts minimum of 20% of such trading Security Futures Dealers, as permitted representing a meaningful proportion of volume. under the Commission’s Rule.8 the total trading volume on the (n)(iii) No Change. B. Self-Regulatory Organization’s Exchange, subject to relaxation during Schedule A—No Change. Statement on Burden on Competition unusual market conditions as * * * * * determined by the Exchange (such as a OneChicago does not believe that the fast market in either a Contract or a II. Self-Regulatory Organization’s proposed rule change will have an security underlying such Contract) at Statement of the Purpose of, and impact on competition. which times such Market Maker must Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s use its best efforts to quote continuously Change Statement on Comments on the and competitively; and (y) when In its filing with the Commission, Proposed Rule Change Received From providing quotations, quotes with a OneChicago included statements Members, Participants, or Others maximum bid/ask spread of no more concerning the purpose of, and basis for, Comments on the proposed rule than the greater of $0.20 or 150% of the the proposed rule change and discussed change have not been solicited and none bid/ask spread in the primary market for any comments it received on the have been received. the security underlying each Contract; proposed rule change. The text of these (2) Such Market Maker: (x) responds statements may be examined at the III. Solicitation of Comments to at least 75% of the requests for places specified in Item III below. Interested persons are invited to quotation for all delivery months of OneChicago has prepared summaries, submit written data, views and Contracts representing a meaningful set forth in sections A, B, and C below, arguments concerning the foregoing, proportion of the total trading volume of the most significant aspects of such including whether the proposed rule on the Exchange, subject to relaxation statements. change, as amended, is consistent with during unusual market conditions as the Act. Persons making written A. Self-Regulatory Organization’s determined by the Exchange (such as a submissions should file six copies Statement of the Purpose of, and fast market in either a Contract or a thereof with the Secretary, Securities Statutory Basis for, the Proposed Rule security underlying such Contract) at and Exchange Commission, 450 Fifth Change which times such Market Maker must Street, NW., Washington, DC 20549– use its best efforts to quote 1. Purpose 0609. Copies of the submission, all competitively; and (y) when responding subsequent amendments, all written OneChicago proposes to adopt, on a to requests for quotation, quotes within statements with respect to the proposed permanent basis, the Margin Rule, five seconds with a maximum bid/ask rule change that are filed with the which sets forth the standards under spread of no more than the greater of Commission, and all written which a OneChicago member may be $0.20 or 150% of the bid/ask spread in communications relating to the excluded from the Exchange’s margin the primary market for the security proposed rule change between the requirements as a ‘‘market maker.’’ underlying each Contract; or Commission and any person, other than OneChicago believes that the Margin (3) (w) Such Market Maker is assigned those that may be withheld from the Rule, consistent with Rule 400(c)(2)(v) to a group of Contracts that is either public in accordance with the under the Act 5 and the CFTC Rule unlimited in nature (‘‘Unlimited provisions of 5 U.S.C. 552, will be 41.42(c)(2)(v),6 establishes standards by Assignment’’) or is assigned to no more available for inspection and copying in which members may qualify as Security than 20% of the Contracts listed on the the Commission’s Public Reference Futures Dealers and therefore be Exchange (‘‘Limited Assignment’’); (x) at Room. Copies of such filing will also be excluded from OneChicago’s margin least 75% of such Market Maker’s total available for inspection and copying at rules. trading activity in Exchange products is the principal office of OneChicago. All in its assigned Contracts, measured on The Commission did not receive any submissions should refer to File No. a quarterly basis; (y) during at least 50% comments on the Margin Rule during SR–OC–2003–05 and should be of the trading day such Market Maker the pilot period. Since OneChicago submitted by June 5, 2003. has bids or offers in the market that are believes that the Margin Rule has been at or near the best market, except in performing as anticipated during the IV. Commission Findings and Order unusual market conditions as pilot period and OneChicago proposes Granting Accelerated Approval of a determined by the Exchange (such as a no changes to the Margin Rule, Proposed Rule Change fast market in either a Contract or a OneChicago now proposes to adopt the The Commission finds that the security underlying such Contract), with Margin Rule on a permanent basis. proposed rule change, as amended, is respect to at least 25% (in the case of an Unlimited Assignment) or at least 5 17 CFR 242.400(c)(2)(v). 7 15 U.S.C. 78f(b)(5). one (in the case of a Limited 6 17 CFR 41.42(c)(2)(v). 8 See 17 CFR 240.400(c)(2)(v).
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consistent with the requirements of the should enable OneChicago members penultimate paragraph (beginning with Act and the rules and regulations that trade security futures as market ‘‘Accordingly’’) and replacing it with thereunder applicable to a national makers to continue to do so on an the following: securities exchange.9 In particular, the uninterrupted basis. The Commission ‘‘Accordingly, United States passports Commission believes that the proposed notes that it approved the Margin Rule shall continue to be invalid for travel to, rule change is consistent with the as a temporary pilot to give members of in, or through Iraq unless specifically requirements of section 6(b)(5) of the the public an opportunity to comment validated for such travel under the Act,10 which requires, among other on the substance of the Margin Rule. authority of the Secretary of State. This things, that the rules of the Exchange be The Commission received no comments restriction on the validity of U.S. designed to promote just and equitable on the Pilot. Accordingly, the passports for travel to, in or through Iraq principles of trade and, in general, to Commission finds good cause, shall not apply to U.S. passports held by protect investors and the public consistent with section 19(b)(2) of the (1) persons resident in Iraq since interest.11 In addition, the Commission Act,14 to approve the proposed rule February 1, 1991; (2) professional believes that the proposed rule change change, as amended, prior to the reporters and journalists on assignment is consistent with section 7(c)(2)(B) of thirtieth day after publication of the there; (3) persons conducting the Act,12 which provides, among other notice of filing. humanitarian activities, as defined in 31 things, that the margin requirements for V. Conclusion CFR Section 575.330; (4) persons security futures must preserve the conducting activities within the scope financial integrity of markets trading It is therefore ordered, pursuant to of a U.S. Government contract or grant, 15 security futures, prevent systemic risk, section 19(b)(2) of the Act , that the including employees of subcontractors be consistent with the margin proposed rule change (File No. SR–OC– and other persons hired to conduct such requirements for comparable exchange- 2003–05), as amended, be approved on activities; (5) personnel of the United traded options, and provide that the a permanent basis. Nations and its agencies; or (6) U.S. margin levels for security futures may For the Commission, by the Division of Government personnel on official U.S. be no lower than the lowest level of Market Regulation, pursuant to delegated Government assignment in Iraq, margin, exclusive of premium, required authority.16 including Members of Congress and for any comparable exchange-traded Margaret H. McFarland, their staffs on official business there.’’ option. Deputy Secretary. This Public Notice amending Public The Commission believes that [FR Doc. 03–12149 Filed 5–14–03; 8:45 am] Notice Number 4337 is effective May 9, OneChicago’s standards for market BILLING CODE 8010–01–P 2003, and shall expire at midnight on makers under Rule 515(n)(ii)(C) are February 25, 2004, unless sooner consistent with the Act, and Rule extended or revoked by public notice. 13 400(c)(2)(v) thereunder. Specifically, DEPARTMENT OF STATE Rule 400(c)(2)(v) provides that the Dated: May 9, 2003. Commission’s joint margin rules do not Office of the Secretary Colin L. Powell, apply to a member of a national Secretary of State, Department of State. securities exchange that is registered [Public Notice 4366] [FR Doc. 03–12296 Filed 5–14–03; 8:45 am] with such exchange as a ‘‘Security Amendment of the Restriction on the BILLING CODE 4710–10–P Futures Dealer’’ pursuant to exchange Use of United States Passports for rules that must meet several criteria, Travel To, In or Through Iraq including a requirement that a Security TENNESSEE VALLEY AUTHORITY Futures Dealer be required to ‘‘to hold By means of Public Notice 4337 of itself out as being willing to buy and sell April 16, 2003 (68 FR 18722), certain Environmental Impact Statement— security futures for its own account on amendments were made to the Koppers Coal Reserve Management a regular and continuous basis.’’ The restriction set forth in Public Notice Plan Commission believes that the 4283 of February 25, 2003 (68 FR 8791) affirmative obligations required by on the use of U.S. passports for travel AGENCY: Tennessee Valley Authority OneChicago pursuant to Rule to, in, or through Iraq. (TVA). 515(n)(ii)(C) satisfy this requirement. The security situation in Iraq remains ACTION: Notice of intent. OneChicago has requested that the unstable and consular services are not Commission approve the proposed rule currently available to U.S. citizens SUMMARY: This notice is provided in change, as amended, prior to the there. Nevertheless, it is in the U.S. accordance with the Council on thirtieth day after publication of notice national interest to continue to facilitate Environmental Quality’s regulations (40 of the filing in the Federal Register. The the humanitarian and reconstructive CFR parts 1500 to 1508), section 106 of Commission finds good cause for activities taking place in Iraq. Therefore, the National Historic Preservation Act approving the proposed rule change pursuant to the authorities set forth in (NHPA) and its implementing prior to the thirtieth day after the date 22 U.S.C. 211a, Executive Order 11295, regulations (36 CFR part 800), and of publication of notice of filing thereof and 22 CFR 51.73, I have decided to TVA’s procedures implementing the in the Federal Register. The broaden further the exemptions from the National Environmental Policy Act Commission believes that accelerated restriction on the use of U.S. passports (NEPA). TVA will prepare an approval of the proposed rule change for travel to, in, or through Iraq. Environmental Impact Statement (EIS) Accordingly, Public Notice 4337 of to assess the impacts of various 9 15 U.S.C. 78s(b)(2). April 16, 2003, which amended Public strategies for future management of 10 15 U.S.C. 78f(b)(5). Notice 4283, of February 25, 2003, is TVA’s mineral rights underlying 53,000 11 In approving the proposed rule, the acres in Scott and Campbell Counties, Commission has considered the proposed rule’s hereby amended by deleting the impact on efficiency, competition, and capital Tennessee known as the Koppers Coal formation. 15 U.S.C. 78c(f). 14 15 U.S.C. 78s(b)(2). Reserve. TVA estimates approximately 12 15 U.S.C. 78g(c)(2)(B). 15 15 U.S.C. 78s(b)(2). 5,000 acres of surface disturbance could 13 17 CFR 240.400(c)(2)(v)(B)(3). 16 17 CFR 200.30–3(a)(12). occur from mining all of the identified
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coal reserves. Maximum recoverable producing a significant quantity of coal on the Koppers property in response to coal is estimated at approximately 70 and providing substantial employment an anticipated increase in demand for million tons, including 28 million tons to miners and other satellite businesses. this coal. The market for coal from the from surface mining and 42 million tons Since 1962, production from the Koppers Coal Reserve has improved as from deep mining, having an estimated Koppers Coal Reserve has been limited. a result of utility industry efforts to value of about $140 million. TVA will During the 1970s, three coal companies comply with the 1990 amendments to select a management plan that will best conducted mining operations to provide the Clean Air Act which put a cap on guide the lease of Koppers coal over the coal to TVA facilities. There were no emissions of sulfur dioxide (SO2) from next 50 years, with the goal of requests for mining coal between 1979 electric utility boilers. These efforts by protecting both the environment and the and 1990, possibly as a result of the TVA and other electric utilities include value of TVA’s assets for the benefit of implementation of the more stringent constructing flue gas desulfurization its ratepayers. mining and reclamation requirements in units (scrubbers) at existing coal-fired Lead and Cooperating Agencies: The the Surface Mining Control and generating plants. Due to their high SO2 Tennessee Valley Authority is the lead Reclamation Act of 1977 (SMCRA). removal efficiency, the scrubbers will agency in the development of this EIS. Since 1990, 10 leases have been allow TVA and other utilities to burn The United States Department of auctioned, with mining occurring on higher sulfur coal from coalfields like Interior (USDI) Office of Surface Mining only seven of these leases. The newest Koppers while still meeting emissions (OSM), Knoxville, TN; the Tennessee lease, issued December 18, 2002, the limits and reducing the amount of SO2 Wildlife Resources Agency (TWRA); Cross/Adkins mine, is still under released. A management plan will help and the National Park Service, Big development. TVA manage the use of mineral South Fork National River and TVA issued a Draft EA (DEA) in resources at Koppers Coal Reserve to Recreation Area (BSFNRRA) will December 2002 for a proposal to mine meet the future coal demand in a participate as cooperating agencies. coal at Braden Mountain which is manner that protects both the located in the northwest corner of the DATES: Comments on the scope of issues environment and the value of TVA’s and alternatives to be considered in the Koppers Reserve. However, TVA is coal assets for the benefit of its environmental review must be received ending consideration of the Braden ratepayers. This EIS will assess the on or before June 15, 2003. Mountain mine lease as a separate environmental impacts of alternative action and will include the review of ADDRESSES: Written comments should strategies for managing the Koppers Braden Mountain coal mining activity Coal Reserve. be sent to Ruth M. Horton, Sr. NEPA in this EIS. Specialist, Environmental Policy and Since acquiring the Koppers Coal Range of Alternatives Planning, Tennessee Valley Authority, Reserve, TVA has considered requests 400 West Summit Hill Drive, WT 8C, from the coal industry for mine leases As required by Council on Knoxville, Tennessee 37902–1499. on a case by case basis. Site specific Environmental Quality (CEQ) FOR FURTHER INFORMATION CONTACT: environmental reviews of lease requests regulations (40 CFR 1502.14) TVA will Ruth M. Horton, Sr. NEPA Specialist, have tiered from the Office of Surface evaluate a reasonable range of Environmental Policy and Planning, Mining’s (OSM’s) permitting process alternatives in this EIS. At this time, Tennessee Valley Authority, 400 West and its 1985 FEIS on the Comprehensive TVA anticipates the following four Summit Hill Drive, WT 8C, Knoxville, Impacts of Permit Decisions Under alternatives would be assessed in the Tennessee 37902–1499; telephone (865) Tennessee Federal Program. Cumulative EIS in addition to the no action 632–3719 or e-mail [email protected]. impact assessments for these projects alternative: managed surface and deep SUPPLEMENTARY INFORMATION: have focused on the Cumulative coal mining; deep mining only; no mining beyond current leases; and Background Hydrological Impacts Analyses (CHIAs) prepared for each permit application to disposal of TVA’s mineral rights at fair The Koppers Coal Reserve is a 53,000 the OSM. market value. The no action alternative acre area in western Campbell County In 1992, the Tennessee Wildlife would entail continued ad hoc and eastern Scott County, straddling Resources Agency (TWRA) bought the consideration of requests for both Interstate 75 immediately north of the surface overlying most of the Koppers surface and deep mine leases. The towns of Caryville and Jacksboro in Coal Reserve and established the 50,000 managed approach would explore upper east Tennessee. TVA acquired the acre Royal Blue Wildlife Management different intensities and quantities of rights to the Koppers Coal Reserve in Area (WMA), with the understanding surface and deep coal mining. In the 1962 as part of an effort to ensure that the underlying minerals would be deep mining alternative, no surface reliable fuel supplies. The area is typical mined. A comprehensive management mining would be considered. The no of coal properties in eastern Tennessee plan for the Royal Blue WMA has not mining alternative would look at the and eastern Kentucky, with coal seams yet been developed. In late 1995, TVA possibility of discontinuing coal mining of various thickness and quality. There and TWRA reached an interim on the Koppers Coal Reserve beyond are 19 seams identified on the property agreement to enhance communication current leases. Under the disposal which vary in sulfur content from less and coordination on coal mining option, two scenarios are possible. than 1 percent to over 5 percent, and activities in the area. The Royal Blue TVA’s mineral rights could be range in thickness from 1 to more than WMA is adjacent to the newly created purchased by a coal company for the 3 feet. Total recoverable coal is 74,000 acre Sundquist WMA. purpose of mining or by an entity that estimated at approximately 70 million Additionally, the Smokey Mountain does not intend to mine. It is envisioned tons, including 28 million tons from segment of the Cumberland Trail State that the no action and the managed surface mining and 42 million tons from Park crosses the southern portion of the mining alternatives would include deep mining. This coal is presently Koppers Coal Reserve. consideration of the potential impacts valued at approximately $140 million. from the proposed lease of mineral The property was heavily surface- and Proposed Action rights at Braden Mountain. Other underground-mined in certain areas TVA is undertaking the development alternatives proposed by the public; from the 1930s through the 1950s, of a plan for managing its coal reserves local, state, and federal agencies; and
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cooperating agencies during scoping ACTION: Notice of order to show cause Air force Base (ADW), Baltimore- will also be given due consideration. (Order 2003–5–10), Dockets OST–02– Washington International Airport (BWI), 12987 and OST–02–12989. Dulles International Airport (IAD), Potential Environmental Impacts Reagan Washington National Airport TVA anticipates that the EIS will SUMMARY: The Department of (DCA) and other smaller area airports. include discussion of the potential Transportation is directing all interested The FAA’s determinations on the effects of the various alternatives on the persons to show cause why it should airspace redesign are contained in the following resources: terrestrial wildlife not issue an order finding USA Jet Record of Decision (ROD) dated May 1, and vegetation; aquatic ecology, Airlines, Inc., fit, willing, and able, and 2003. awarding it certificates of public endangered and threatened species; FOR FURTHER INFORMATION CONTACT: Mr. convenience and necessity authorizing geology; surface and groundwater; William Carver, Support Manager, it to engage in interstate and foreign wetlands; recreation and natural areas; Potomac TRACON, (540) 349–7520, E- charter air transportation of persons, cultural resources; socioeconomic and mail: [email protected]. environmental justice issues; land use; property and mail. SUPPLEMENTARY INFORMATION: As solid waste disposal; visual resources; DATES: Persons wishing to file discussed in the ROD, the revised and transportation. Other issues that objections should do so no later than aircraft routes, altitudes and procedures may also be discussed, depending on May 27, 2003. will be established in a manner the potential impact of the alternatives, ADDRESSES: Objections and answers to consistent with the alternative ‘‘Existing include noise, air quality, floodplains, objections should be filed in Dockets Peripheral Airspace Ingress/Egress and soils. OST–02–12987 and OST–02–12989 and Transfer Points with New Internal Public Participation addressed to the Department of Airspace Design,’’ Alternative 2, Transportation Dockets (SVC–124.1, TVA is interested in receiving identified as the preferred alternative in Room PL–401), U.S. Department of the Final Environmental Impact comments on issues and alternatives to Transportation, 400 Seventh Street, be addressed in the EIS. Written Statement (FEIS), Potomac Consolidated SW., Washington, DC 20590, and should TRACON (PCT) Airspace Redesign, comments on the scope of the be served upon the parties listed in environmental review should be prepared by the FAA and dated Attachment A to the order. December 2002. The FAA issued the received on or before June 15, 2003. FOR FURTHER INFORMATION CONTACT: Mr. TVA will prepare an EIS on a range of FEIS on January 10, 2003. Howard Serig, Air Carrier Fitness The ROD is available for review on alternatives for the proposed Koppers Division (X–56, Room 6401), U.S. Coal Reserve Management Plan after the Internet at http://www.faa.gov/ats/ Department of Transportation, 400 potomac. considering public comments received Seventh Street, SW., Washington, DC from this scoping process. TVA 20590, (202) 366–4822. Dated: May 8, 2003. anticipates completing the Draft EIS by Barbara Jo Cogliandro, Dated: May 9, 2003. October 2004. An opportunity to review Air Traffic Manager, Potomac TRACON. Read C. Van De Water, and comment on the Draft EIS will be [FR Doc. 03–12044 Filed 5–14–03; 8:45 am] Assistant Secretary for Aviation and provided at that time. Concurrent with BILLING CODE 4910–13–M the NEPA review, TVA also seeks International Affairs. comments from the public on the scope [FR Doc. 03–12171 Filed 5–14–03; 8:45 am] of this federal undertaking on historic BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION properties as provided under section 106 of NHPA. Federal Aviation Administration TVA plans to hold a public meeting DEPARTMENT OF TRANSPORTATION [Summary Notice No. PE–2003–28] to provide more information and to Federal Aviation Administration receive comments on the proposal on Petitions for Exemption; Summary of June 3, 2003, at Cove Lake State Park, Notice of Availability of the Record of Petitions Received 4 p.m.–8 p.m. eastern standard time. Decision on the Potomac Consolidated AGENCY: Federal Aviation The time, location, and place will be Terminal Radar Approach Control Administration (FAA), DOT. announced in local newspapers, on the (TRACON) Airspace Redesign TVA Web page at http://www.tva.gov/ ACTION: Notice of petitions for environment/calendar.htm, and may be AGENCY: Federal Aviation exemption received. obtained by contacting the persons Administration, DOT. listed above. ACTION: Notice of Availability of the SUMMARY: Pursuant to FAA’s rulemaking record of Decision for the Potomac provisions governing the application, Dated: May 7, 2003. processing, and disposition of petitions Kathryn J. Jackson, Consolidated TRACON Airspace Redesign. for exemption part 11 of Title 14, Code Executive Vice President, River System of Federal Regulations (14 CFR), this Operations & Environment. SUMMARY: In accordance with the notice contains a summary of certain [FR Doc. 03–12129 Filed 5–14–03; 8:45 am] National Environmental Policy Act of petitions seeking relief from specified BILLING CODE 8120–08–P 1969 and FAA Order 1050.1D, Policies requirements of 14 CFR, dispositions of and Procedures for Considering certain petitions previously received, Environmental Impacts, the Federal and corrections. The purpose of this DEPARTMENT OF TRANSPORTATION Aviation Administration (FAA) has notice is to improve the public’s made a final determination to modify awareness of, and participation in, this Office of the Secretary aircraft routes, altitudes and air traffic aspect of FAA’s regulatory activities. Application of USA Jet Airlines, Inc. for control procedures used in a 23,000 Neither publication of this notice nor Passenger Certificate Authority square mile area around Washington, the inclusion or omission of information DC. These procedures relate to aircraft in the summary is intended to affect the AGENCY: Department of Transportation. arriving and departing from Andrews legal status of any petition or its final
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disposition. Because the FAA is to provide nonstop service to Detroit, e.t., Monday through Friday, except intending to make a decision on the Michigan, or Ft. Lauderdale, Florida. Federal holidays. allocation of these exemption slots in [FR Doc. 03–12045 Filed 5–14–03; 8:45 am] SUPPLEMENTARY INFORMATION: the near future, the FAA is providing an BILLING CODE 4910–13–P abbreviated comment period of 10 days. Background DATES: Comments on petitions received Section 4007 of the Transportation must identify the petition docket DEPARTMENT OF TRANSPORTATION Equity Act for the 21st Century (TEA– number involved and must be received 21) (Pub. L. 105–178, 112 Stat. 107, now on or before May 27, 2003. Federal Motor Carrier Safety codified at 49 U.S.C 31315 and 31136), requires FMCSA to publish a notice in ADDRESSES: Send comments on any Administration the Federal Register for each exemption petition to the Docket Management [FMCSA Docket No. FMCSA–2003–14911] requested, explain that the request has System, U.S. Department of been filed, provide the public with an Exemptions From Certain Controlled Transportation, Room Plaza 401, 400 opportunity to inspect the safety Substances and Alcohol Testing Seventh Street, SW., Washington, DC analysis and any other relevant Regulations; Mayflower Transit LLC 20590–0001. You must identify the information known to the agency, and dba Aero Mayflower Transit and United docket number FAA–2000–XXXX at the provide an opportunity to comment on Van Lines LLC Requesting Exemptions beginning of your comments. If you the request. Prior to granting a request wish to receive confirmation that FAA AGENCY: Federal Motor Carrier Safety for an exemption, the agency must received your comments, include a self- Administration (FMCSA), DOT. publish a notice in the Federal Register addressed, stamped postcard. ACTION: identifying the person or class of You may also submit comments Notice of application for exemption; request for comments. persons who will receive the exemption, through the Internet to http:// the provisions from which the person dms.dot.gov. You may review the public SUMMARY: This notice announces the will be exempt, the effective period, and docket containing the petition, any FMCSA’s receipt of an application from all terms and conditions of the comments received, and any final Mayflower Transit LLC and United Van exemption. The terms and conditions disposition in person in the Dockets Lines LLC for exemptions from certain established by FMCSA must ensure that Office between 9 a.m. and 5 p.m., Federal controlled substance and the exemption will likely achieve a level Monday through Friday, except Federal alcohol testing requirements. The of safety that is equivalent to, or greater holidays. The Dockets Office (telephone applicants request exemptions that than, the level that would be achieved 1–800–647–5527) is on the plaza level would allow them to impose controlled by complying with the regulation. of the NASSIF Building at the substance and alcohol testing on their On December 8, 1998, FMCSA Department of Transportation at the non-CDL (commercial driver’s license) published an interim final rule above address. Also, you may review drivers using the same standards, forms implementing section 4007 of TEA–21 public dockets on the Internet at and requirements, and in the same (63 FR 67600). The regulations at 49 http://dms.dot.gov. random testing pool, as their CDL CFR part 381 establish the procedures to FOR FURTHER INFORMATION CONTACT: Tim drivers. be followed to request waivers and to apply for exemptions from the Federal Adams (202) 267–8033, Dennis Emrick DATES: Comments must be received on (202) 267–75174, or Sandy Buchanan- or before June 16, 2003. Motor Carrier Safety Regulations, and Sumter (202) 267–7271, Office of the provisions used to process them. ADDRESSES: Mail or hand deliver Rulemaking (ARM–1), Federal Aviation comments to the U.S. Department of Exemption Request Administration, 800 Independence Transportation, Dockets Management Avenue, SW., Washington, DC 20591. Mayflower and United Van Lines Facility, Room PL–401, 400 Seventh This notice is published pursuant to have requested exemptions that would Street, SW., Washington, DC 20590, or 14 CFR 11.85 and 11.91. allow them to impose controlled submit electronically at http:// substance and alcohol testing on their Issued in Washington, DC, on May 9, 2003. dmses.dot.gov/submit. All comments non-CDL drivers using the same Donald P. Byrne, received will be available for standards, forms and requirements, and Assistant Chief Counsel for Regulations. examination and copying at the above in the same random testing pool as their address from 9 a.m. to 5 p.m. e.t., Petitions for Exemption CDL drivers. Monday through Friday, except Federal Mayflower and United Van Lines note Docket No.: FAA–2003–14827. holidays. Those desiring notification of that for purposes of administrative Petitioner: Comair, Inc. receipt of comments must include a self- efficiency and to promote safety in their Section of 14 CFR Affected: 14 CFR addressed, stamped postcard, or you operations, Mayflower and United Van 93.123. may print the acknowledgment page Lines have included all of the Description of Relief Sought: To that appears after submitting comments commercial motor vehicle drivers, permit Comair to operate certain slots at electronically. including the non-CDL drivers, in the Ronald Reagan National Airport, FOR FURTHER INFORMATION CONTACT: For company controlled substance and authorized by exemption only, to information about the exemption alcohol testing programs conducted provide nonstop service to Savannah, application in this notice, Ms. Kaye under the Department of Transportation Georgia, and Lexington, Kentucky. Kirby, Office of Bus and Truck regulations. This request for exemptions Docket No.: FAA–2003–14975. Standards and Operations, (202) 366– was prompted by the results of a Petitioner: Spirit Airlines, Inc. 3109; for information about legal issues compliance review conducted by the Section of 14 CFR Affected: 14 CFR related to this notice, Mr. Mike Falk, Federal Motor Carrier Safety 93.123. Office of the Chief Counsel, (202) 366– Administration during which Description of Relief Sought: To 1384, FMCSA, Department of Mayflower was cited for including non- permit Spirit Airlines, Inc. to operate Transportation, 400 Seventh Street, CDL drivers in its controlled substances certain slots at Ronald Reagan National SW., Washington, DC 20590. Office and alcohol testing program. Airport, authorized by exemption only, hours are from 7:45 a.m. to 4:15 p.m., Consequently, Mayflower and United
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Van Lines are requesting exemptions DEPARTMENT OF TRANSPORTATION ADDRESSES: Send comments, within 30 from certain controlled substance and days, to the Office of Information and alcohol testing requirements National Highway Traffic Safety Regulatory Affairs, Office of specifically, 49 CFR 382.105, 49 CFR Administration Management and Budget, 725 17th 382.305(I)(1), and 49 CFR 40.13(a), (b), Street, NW., Washington, DC 20503, (c) and (d). Reports, Forms and Record Keeping Attention: NHTSA Desk Officer. Requirements; Agency Information Comments Are Invited On: Mayflower and United Van Lines Collection Activity Under OMB Review • Whether the proposed collection of propose two conditions for their information is necessary for the proper AGENCY: National Highway Traffic exemption that they believe would performance of the functions of the Safety Administration (NHTSA), DOT. allow the FMCSA to monitor whether Department, including whether the they have met the required annual ACTION: Emergency Federal Register information will have practical utility. random testing percentage. First, they Notice. • Whether the Department’s estimate intend to mark each driver controlled for the burden of the proposed SUMMARY: substance and alcohol testing record In compliance with the information collection is accurate. with either ‘‘CDL driver’’ or ‘‘non-CDL Paperwork Reduction Act of 1995 (44 • Ways to minimize the burden of the driver’’ so that an enforcement officer U.S.C. 3501 et seq.), this notice collection of information on can readily determine which records are announces that the Information respondents, including the use of for drivers subject to 49 CFR part 383 Collection Request (ICR) abstracted automated collection techniques or Commercial Driver’s License Standards; below has been forwarded to the Office other forms of information technology. Requirements and Penalties. Secondly, of Management and Budget (OMB) for A comment to OMB is most effective they will establish a random testing review and comment. The ICR describes if OMB receives it prior to May 30, program that will test all drivers (both the nature of the information collections 2003. and their expected burden. The Federal CDL drivers and non-CDL drivers) for Issued on: May 9, 2003. controlled substances and alcohol at an Register Notice with a 60-day comment Stephen R. Kratzke, annual rate of at least 15 percent for period was published on November 5, alcohol and at least 55 percent for 2001 [66 FR 55979]. Associate Administrator for Rulemaking. controlled substances. The applicants DATES: OMB approval has been [FR Doc. 03–12168 Filed 5–14–03; 8:45 am] believe by implementing these two requested by May 30, 2003. BILLING CODE 4910–59–P conditions they will meet the minimum FOR FURTHER INFORMATION CONTACT: annual random testing percentage while Gayle Dalrymple at the National DEPARTMENT OF TRANSPORTATION still having a single pool of drivers for Highway Traffic Safety Administration random selection. (NHTSA), Office of Crash Avoidance National Highway Traffic Safety Request for Comments Standards, 202–366–5559. 400 Seventh Administration Street, SW., Washington, DC 20590. In accordance with 49 U.S.C. SUPPLEMENTARY INFORMATION: Reports, Forms and Record Keeping 31315(b)(4) and 31136(e), FMCSA is Requirements; Agency Information requesting public comment from all National Highway Traffic Safety Collection Activity Under OMB Review Administration interested persons on these exemption AGENCY: National Highway Traffic applications. All comments received Title: Exemption from the Make Safety Administration, DOT. before the close of business on the Inoperative Prohibition. ACTION: Notice. comment closing date, indicated at the OMB Number: New. beginning of this notice, will be Type of Request: New collection. SUMMARY: In compliance with the considered and will be available for Abstract: On Febraury 27, 2001, Paperwork Reduction Act of 1995 (44 examination in the docket at the NHTSA published a final rule (66 FR U.S.C. 3501 et seq.), this notice location listed under the address section 12638) to facilitate the modification of announces that the Information of this notice. Comments received after motor vehicle so that persons with Collection Request (ICR) abstracted the comment closing date will be filed disabilities can use the vehicle. The below has been forwarded to the Office in the public docket and will be regulation is found at 49 CFR Part 595 of Management and Budget (OMB) for considered to the extent practicable, but Subpart C—Vehicle Modifications to review and comment. The ICR describes FMCSA may make its decision at any Accommodate People with Disabilities. the nature of the information collections time after the close of the comment This final rule included two new and their expected burden. The Federal period. In addition to late comments, ‘‘collection of information,’’ as that term Register Notice with a 60-day comment FMCSA will also continue to file, in the is defined in 5 CFR Part 1320 period was published on February 3, public docket, relevant information that Controlling Paperwork Burdens on the 2003 [Volume 68, No. 22, Page 5331]. becomes available after the comment Public: Modifier identification and a DATES: Comments must be submitted on closing date. Interested persons should document to be provided to the owner or before June 16, 2003. continue to examine the public docket of the modified vehicle stating the FOR FURTHER INFORMATION CONTACT: Gary for new material. exemptions used for that vehicle and Toth, NHTSA, 400 Seventh Street, SW., Authority: 49 U.S.C. 31136 and 31315; and any reduction in load carrying capacity Room 6213, NPO.122, Washington, DC 49 CFR 1.73. of the vehicle of more than 100 kg (220 20590. The telephone number for Mr. lbs). Issued on: May 9, 2003. Toth is (202) 366–5378. Affected Public: Businesses that SUPPLEMENTARY INFORMATION: Pamela M. Pelcovits, modify vehicles, after the first retail Acting Associate Administrator for Policy and sale, so that the vehicle may be used by National Highway Traffic Safety Program Development. persons with disabilities. Administration [FR Doc. 03–12173 Filed 5–14–03; 8:45 am] Estimated Total Annual Burden: 655 Title: National Automotive Sampling BILLING CODE 4910–EX–P hours and $7.48. System (NASS).
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OMB Number: 2127–0021. DEPARTMENT OF TRANSPORTATION ways to enhance the quality, utility and Type of Request: Continuation. clarity of the information to be National Highway Traffic Safety collected; and ways to minimize the Abstract: The collection of crash data Administration burden of the collection of information that support the establishment and on respondents, including the use of enforcement of motor vehicle Reports, Forms and Record Keeping automated collection techniques or regulations that reduce the severity of Requirements; Agency Information other forms of information technology. injury and property damage caused by Collection Activity Under OMB Review A Comment to OMB is most effective motor vehicle crashes is authorized AGENCY: National Highway Traffic if OMB receives it within 30 days of under the National Traffic and Motor publication. Vehicle Safety Act of 1966 (Pub. L. 89– Safety Administration, DOT. Issued in Washington, DC, on May 9, 2003. 563, Title 1, Sec. 106, 108, and 112). ACTION: Notice. Raymond P. Owings, The National Automotive Sampling SUMMARY: In compliance with the System (NASS) Crashworthiness Data Associate Administrator for Advanced Paperwork Reduction Act of 1995 (44 Research and Analysis. System (CDS) of the National Highway U.S.C. 3501 et seq.), this notice Traffic Safety Administration [FR Doc. 03–12170 Filed 5–14–03; 8:45 am] announces that the Information BILLING CODE 4910–59–P investigates high severity crashes. Once Collection Request (ICR) abstracted a crash has been selected for below has been forwarded to the Office investigation, researchers locate, visit, of Management and Budget (OMB) for DEPARTMENT OF TRANSPORTATION measure, and photograph the crash review and comment. The ICR describes scene; locate, inspect, and photograph the nature of the information collections Surface Transportation Board vehicles; conduct a telephone or and their expected burden. The Federal personal interview with the involved [STB Finance Docket No. 34320 (Sub–No. Register Notice with a 60-day comment 1)] individuals or surrogate; and obtain and period was published on December 9, record injury information received from 2002 67 FR 73005–73006. Union Pacific Railroad Company— various medical data sources. NASS DATES: Comments must be submitted on Trackage Rights Exemption—The CDS data are used to describe and or before June 16, 2003. Burlington Northern and Santa Fe analyze circumstances, mechanisms, Railway Company and consequences of high severity FOR FURTHER INFORMATION CONTACT: Mr. motor vehicle crashes in the United Glenn Karr at the National Highway AGENCY: Surface Transportation Board, States. The collection of interview data Traffic Safety Administration, National DOT. aids in this effort. Center for Statistics and Analysis (NPO– ACTION: Petition for partial revocation. 124), 202/366–4800, 400 Seventh Street, Affected Public: Passenger Motor SW, Room 6124A, Washington, DC SUMMARY: The Board, under 49 U.S.C. Vehicle Operators. 20590. 10502, exempts the trackage rights Estimated Total Annual Burden: SUPPLEMENTARY INFORMATION: described in STB Finance Docket No. 5,807 hours. 34320 1 to permit the trackage rights to National Highway Traffic Safety expire on or about May 22, 2003, in ADDRESSES: Send comments, within 30 Administration accordance with the agreement of the days, to the Office of Information and parties. Regulatory Affairs, Office of Title: National Driver Register. DATES: This exemption will be effective Management and Budget, 725–17th OMB Number: 2127–0001. Type of Request: Extension of a on May 22, 2003. Petitions to reopen Street, NW., Washington, DC 20503, currently approved collection. must be filed by June 4, 2003. Attention NHTSA Desk Officer. Abstract: The purpose of the NDR is ADDRESSES: An original and 10 copies of Comments are invited on: Whether to assist States and other authorized all pleadings referring to STB Finance the proposed collection of information users in obtaining information about Docket No. 34320 (Sub-No. 1) must be is necessary for the proper performance problem drivers. State motor vehicle filed with the Surface Transportation of the functions of the Department, agencies submit and use the information Board, 1925 K Street, NW., Washington, including whether the information will for driver licensing purposes. Other DC 20423–0001. In addition, a copy of have practical utility; the accuracy of users obtain the information for all pleadings must be served on the Departments estimate of the burden transportation safety purposes. petitioners’ representative: Robert T. of the proposed information collection; Affected Public: State, Local, or Tribal Opal, 1416 Dodge Street, Room 830, ways to enhance the quality, utility and Government. Omaha, NE 68179. clarity of the information to be Estimated Total Annual Burden: FOR FURTHER INFORMATION CONTACT: collected; and ways to minimize the 1,979. Joseph H. Dettmar (202) 565–1600 burden of the collection of information ADDRESSES: Send comments, within 30 on respondents, including the use of days, to the Office of Information and 1 On March 7, 2003, Union Pacific Railroad automated collection techniques or Regulatory Affairs, Office of Company (UP) filed a notice of exemption under other forms of information technology. Management and Budget, 725 17th the Board’s class exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the agreement by A Comment to OMB is most effective Street, NW, Washington, DC 20503, The Burlington Northern and Santa Fe Railway if OMB receives it within 30 days of Attention NHTSA Desk Officer. Company (BNSF) to grant temporary overhead publication. Comments are invited on: Whether trackage rights to UP over a BNSF line of railroad the proposed collection of information between BNSF milepost 203.0 near Keddie, CA, and Issued in Washington, DC, on May 9, 2003. BNSF milepost 0.0 near Klamath Falls, OR, a is necessary for the proper performance distance of approximately 203.0 miles. See Union Raymond P. Owings, of the functions of the Department, Pacific Railroad Company—Trackage Rights Associate Administrator for Advanced including whether the information will Exemption—The Burlington Northern and Santa Fe Research and Analysis. have practical utility; the accuracy of Railway Company, STB Finance Docket No. 34320 (STB served Mar. 26, 2003). The trackage rights [FR Doc. 03–12169 Filed 5–14–03; 8:45 am] the Department’s estimate of the burden operations under the exemption were scheduled to BILLING CODE 4910–59–P of the proposed information collection; begin on March 16, 2003.
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(Federal Information Relay Service DC 20423–0001. In addition, a copy of Docket No. 34333 (Sub-No. 1) must be (FIRS) for the hearing impaired: 1–800– all pleadings must be served on filed with the Surface Transportation 877–8339). petitioner’s representative: Robert T. Board, 1925 K Street, NW., Washington SUPPLEMENTARY INFORMATION: Opal, 1416 Dodge Street, Room 830, DC 20423–0001. In addition, a copy of Additional information is contained in Omaha, NE 68179. all pleadings must be served on the Board’s decision. To purchase a FOR FURTHER INFORMATION CONTACT: petitioner’s representative: T. copy of the full decision, write to, call, Joseph H. Dettmar, (202) 565–1600 Christopher Lewis, 1416 Dodge Street, or pick up in person from: D¯ a 2 D¯ a Legal (Federal Information Relay Service Room 830, Omaha, NE 68179. Copy Service, Suite 405, 1925 K Street, (FIRS) for the hearing impaired: 1–800– FOR FURTHER INFORMATION CONTACT: NW., Washington, DC 20006. 877–8339). Beryl Gordon, (202) 565–1600. Telephone: (202) 293–7776. (Assistance SUPPLEMENTARY INFORMATION: (Assistance for the hearing impaired is for the hearing impaired is available Additional information is contained in available through the Federal through FIRS at 1–800–877–8339.) the Board’s decision. To purchase a Information Relay Service (FIRS) at Board decisions and notices are copy of the full decision, write to, call, 1–800–877–8339.) available on our Web site at or pick up in person from: Da˜ 2 Da˜ Legal SUPPLEMENTARY INFORMATION: www.stb.dot.gov. Copy Service, Suite 405, 1925 K Street, Additional information is contained in Decided: May 9, 2003. NW., Washington, DC 20006. the Board’s decision. Copies of the ¯ By the Board, Chairman Nober and Telephone: (202) 293–7776. (Assistance decision may be purchased from Da 2 Commissioner Morgan. for the hearing impaired is available D¯ a Legal Copy Service by calling through FIRS at 1–800–877–8339.) Vernon A. Williams, (202) 293–7776 (assistance for the Board decisions and notices are Secretary. hearing impaired is available through available on our Web site at FIRS at 1–800–877–8339) or by visiting [FR Doc. 03–12137 Filed 5–14–03; 8:45 am] www.stb.dot.gov. Suite 405, 1925 K Street, NW., BILLING CODE 4915–00–P Decided: May 9, 2003. Washington DC 20006. By the Board, Chairman Nober and Board decisions and notices are DEPARTMENT OF TRANSPORTATION Commissioner Morgan. available on our Web site at Vernon A. Williams, www.stb.dot.gov. Surface Transportation Board Secretary. Decided: May 9, 2003. [STB Finance Docket No. 34321 (Sub–No. [FR Doc. 03–12138 Filed 5–14–03; 8:45 am] By the Board, Chairman Nober and 1)] BILLING CODE 4915–00–P Commissioner Morgan. Vernon A. Williams, Union Pacific Railroad Company— Secretary. Trackage Rights Exemption—The DEPARTMENT OF TRANSPORTATION [FR Doc. 03–12139 Filed 5–14–03; 8:45 am] Burlington Northern and Santa Fe BILLING CODE 4915–00–P Railway Company Surface Transportation Board [STB Finance Docket No. 34333 (Sub—No. AGENCY: Surface Transportation Board. 1)] DEPARTMENT OF TRANSPORTATION ACTION: Petition for partial revocation. Union Pacific Railroad Company— Surface Transportation Board SUMMARY: The Board, under 49 U.S.C. Trackage Rights Exemption—The 10502, exempts the trackage rights Burlington Northern and Santa Fe [STB Finance Docket No. 34040] described in STB Finance Docket No. Railway Company 34321 1 to permit the trackage rights to Riverview Trenton Railroad expire on or about May 12, 2003, in AGENCY: Surface Transportation, Board Company—Petition for Exemption accordance with the agreement of the DOT. From 49 U.S.C. 10901 To Acquire and parties. ACTION: Petition for partial revocation. Operate a Rail Line in Wayne County, MI DATES: This exemption will be effective SUMMARY: The Board, under 49 U.S.C. on May 12, 2003. Petitions to reopen 10502, exempts the temporary trackage Pursuant to 49 U.S.C. 10502, the must be filed by June 4, 2003. rights arrangement between Union Surface Transportation Board (Board) is ADDRESSES: An original and 10 copies of Pacific Railroad Company (UP) and the granting an exemption from the all pleadings referring to STB Finance Burlington Northern and Santa Fe licensing provisions of 49 U.S.C. 10901 Docket No. 34321 (Sub-No. 1) must be Railway Company (BNSF) described in to the Riverview Trenton Railroad filed with the Surface Transportation STB Finance Docket No. 34333,1 to Company (RTR) to allow RTR to begin Board, 1925 K Street, NW., Washington, permit it to expire on or about May 10, operation as a new railroad over 1.45 2003. miles of track located on a site formerly 1 On March 7, 2003, the Union Pacific Railroad DATES: This exemption is effective on owned by the McLouth Steel Company Company (UP) filed a notice of exemption under in the towns of Riverview and Trenton the Board’s class exemption procedures at 49 CFR May 9, 2003. Petitions to reopen must 1180.2(d)(7). The notice covered the agreement by be filed by June 4, 2003. in Wayne County, Michigan. On this site, RTR plans to establish an The Burlington Northern and Santa Fe Railway ADDRESSES: An original and 10 copies of Company (BNSF) to grant temporary overhead intermodal terminal involving the all pleadings referring to STB Finance trackage rights to UP over BNSF’s rail lines between interchange of rail, motor, and possibly BNSF milepost 143.2 near Los Angeles, CA, and BNSF milepost 10.5 near Riverside, CA, a distance 1 The temporary trackage rights exempted in at some undetermined future date, barge of approximately 57.2 miles. See Union Pacific Union Pacific Railroad Company—Trackage Rights traffic. RTR also plans to transport Railroad Company—Trackage Rights Exemption— Exemption—The Burlington Northern and Santa Fe traffic for the Detroit Steel Center, a The Burlington Northern and Santa Fe Railway Railway Company, STB Finance Docket No. 34333 steel mini-mill operating on an adjacent Company, STB Finance Docket No. 34321 (STB (STB served May 2, 2003), are over BNSF’s rail line served Mar. 26, 2003). The trackage rights from BNSF milepost 141.7 near Rockview, MO, to site. RTR seeks to interchange rail cars operations under the exemption were scheduled to BNSF milepost 422.2 near Jonesboro, AR, a distance with line haul carriers operating begin on March 14, 2003. of approximately 181.6 miles. adjacent to RTR.
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In granting this exemption, the Board or misleading information, the Bureau of Transportation Statistics has analyzed a substantial record exemption is void ab initio. Petitions to (BTS) generated by RTR and opponents of the revoke the exemption under 49 U.S.C. exemption. The analysis appears in a 10502(d) may be filed at any time. The Title: Part 249 Preservation of decision that is being issued filing of a petition to revoke will not Records. simultaneously with the publication of automatically stay the transaction. Type of Request: Extension of a this notice. That decision subjects RTR’s An original and 10 copies of all currently approved collection. project to comprehensive pleadings, referring to STB Finance OMB Control Number: 2138–0006. environmental, monitoring, and Docket No. 34345, must be filed with reporting conditions. the Surface Transportation Board, 1925 Forms: None. The decision is available on the K Street, NW., Washington, DC 20423– Affected Public: U.S. certificated Board’s Web site at www.stb.dot.gov. 0001. In addition, a copy of each carriers, public charter operators and Decided: May 9, 2003. pleading must be served on Michael E. overseas military personnel charter By the Board, Chairman Nober and Roper, 2500 Lou Menk Drive, PO Box operators. Commissioner Morgan. 961039, Fort Worth, TX 76161–0039. Abstract: Title 14 CFR part 249 Vernon A. Williams, Board decisions and notices are requires U.S. certificated air carriers, Secretary. available on our website at public charter operators and overseas ‘‘www.stb.dot.gov.’’ [FR Doc. 03–12144 Filed 5–14–03; 8:45 am] military personnel charter operators to BILLING CODE 4915–00–P By the Board, David M. Konschnik, retain such records as general and Director, Office of Proceedings. subsidiary ledgers, journals and journal Decided: May 7, 2003. vouchers, voucher distribution registers, DEPARTMENT OF TRANSPORTATION Vernon A. Williams, accounts receivable and payable Secretary. journals and ledgers, subsidy records Surface Transportation Board [FR Doc. 03–12000 Filed 5–14–03; 8:45 am] documenting underlying financial and [STB Finance Docket No. 34345] BILLING CODE 4915–00–P statistical reports to the Department, funds reports, consumer records, sales The Burlington Northern and Santa Fe reports, auditors’ and flight coupons, air Railway Company—Trackage Rights DEPARTMENT OF TRANSPORTATION waybills, etc. Depending on the nature Exemption—Union Pacific Railroad of the document, it may be retained for Company Bureau of Transportation Statistics a period of 30 days to 3 years. Public charter and overseas military personnel Union Pacific Railroad Company (UP) Reports, Forms and Recordkeeping charter operators must retain documents has agreed to grant limited overhead Requirements; Activity Under OMB which evidence or reflect deposits made trackage rights to The Burlington Review: Part 249 Preservation of by each charter participant and Northern and Santa Fe Railway Records commissions received by, paid to, or Company (BNSF)1 over UP lines deducted by travel agents, and all between Port Chicago, CA, at milepost AGENCY: Bureau of Transportation statements, invoices, bills and receipts 41.3 on UP’s Tracy Subdivision, and Statistics (BTS), DOT. from suppliers or furnishers of goods Stege, CA, at milepost 9.3 on UP’s ACTION: Notice. Martinez Subdivision, a distance of and services in connection with the tour or charter. These records are retained for approximately 28.7 miles—6.3 on the SUMMARY: In compliance with the Tracy Subdivision and 22.4 miles on the Paperwork Reduction Act of 1995 (44 6 months after completion of the charter Martinez Subdivision. U.S.C. 3501 et seq.), this notice program. The transaction was scheduled to be announces that the Information Estimated Annual Burden Hours: 660 consummated on May 2, 2003. The Collection Request (ICR) abstracted hours. purpose of the trackage rights is to allow below has been forwarded to the Office ADDRESSES: Send comments to the BNSF to bridge its train service while of Management and Budget (OMB) for Office of Information and Regulatory BNSF’s main line is out of service due extension of currently approved Affairs, Office of Management and to maintenance. collections. The ICR describes the Budget, 725—17th Street, NW., As a condition to this exemption, any nature of the information collection and Washington, DC 20503, Attention BTS employees affected by the trackage its expected burden. The Federal Desk Officer. rights will be protected by the Register Notice with a 60-day comment conditions imposed in Norfolk and period soliciting comments on the Comments are invited on whether the Western Ry. Co.—Trackage Rights—BN, following collection of information was record retention requirements are 354 I.C.C. 605 (1978), as modified in published on February 26, 2003 (68 FR necessary for the proper performance of Mendocino Coast Ry., Inc.—Lease and vol. 68, page 8958). the functions of the Department, Operate, 360 I.C.C. 653 (1980). including whether the record retention DATES: Written comments should be This notice is filed under 49 CFR requirements have practical utility; submitted by June 16, 2003. 1180.2(d)(7). If the notice contains false whether the accuracy of the FOR FURTHER INFORMATION CONTACT: Department’s estimate of burden hours 1 On May 6, 2003, BNSF filed a petition for Bernie Stankus, Office of Airline is correct. Also, commenters are invited termination of this trackage rights exemption in Information, K–14, Room 4125, Bureau to provide suggestions on ways to Burlington Northern and Santa Fe Railway of Transportation Statistics, 400 Seventh Company-Trackage Rights Exemption-Union Pacific enhance the quality, utility, and clarity Railroad Company, STB Finance Docket No. 34345 Street, SW., Washington, DC 20590– of the information to be collected; and (Sub-No. 1), wherein BNSF requests that the Board 0001, Telephone Number (202) 366– ways to minimize the burden of the permit the proposed overhead trackage rights 4387, Fax Number (202) 366–3383 or e- requirements on respondents, including arrangement described in the present proceeding to mail [email protected]. expire on or about May 22, 2003. That petition will the use of automated techniques or be addressed by the Board in a separate decision. SUPPLEMENTARY INFORMATION: other forms of information technology.
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Issued in Washington, DC, on May 8, 2003. large amounts of unsecured debt with ACTION: Notice and request for Donald W. Bright, regulated transportation companies (e.g. comments. Assistant Director, Office of Airline airlines). This information collection Information. allows the Department to monitor and SUMMARY: The Department of the [FR Doc. 03–12046 Filed 5–14–03; 8:45 am] disclose the amount of unsecured credit Treasury, as part of its continuing effort to reduce paperwork and respondent BILLING CODE 4910–FE–P extended by airlines to candidates for Federal office. All certificated air burden, invites the general public and carriers are required to submit this other Federal agencies to take this DEPARTMENT OF TRANSPORTATION information. opportunity to comment on proposed Estimated Annual Burden Hours: 24 and/or continuing information Bureau of Transportation Statistics hours. collections, as required by the ADDRESSES: Send comments to the Paperwork Reduction Act of 1995, Reports, Forms and Recordkeeping Office of Information and Regulatory Public Law 104–13 (44 U.S.C. Requirements; Activity Under OMB Affairs, Office of Management and 3506(c)(2)(A)). Currently, the IRS is Review: Report of Extension of Credit Budget, 725—17th Street, NW., soliciting comments concerning to Political Candidates Washington, DC 20503, Attention BTS Revenue Procedure 2003–37, Documentation Provisions for Certain AGENCY: Bureau of Transportation Desk Officer. Statistics (BTS), DOT. Comments are invited on: Whether Taxpayers Using the Fair Market Value this collection of information is Method. ACTION: Notice. necessary for the proper performance of DATES: Written comments should be SUMMARY: In compliance with the the functions of the Department received on or before July 14, 2003 to be Paperwork Reduction Act of 1995 (44 concerning extension of credit to assured of consideration. political candidates by airlines. U.S.C. 3501 et seq.), this notice ADDRESSES: Direct all written comments Comments should address whether the announces that the Information to Glenn P. Kirkland, Internal Revenue information will have practical utility; Collection Request (ICR) abstracted Service, room 6411, 1111 Constitution the accuracy of the Department’s below has been forwarded to the Office Avenue NW., Washington, DC 20224. of Management and Budget (OMB) for estimate of the burden of the proposed information collection; ways to enhance FOR FURTHER INFORMATION CONTACT: extension of currently approved Requests for additional information or collections. The ICR describes the the quality, utility and clarity of the information to be collected; and ways to copies of the revenue procedure should nature of the information collection and be directed to Carol Savage at Internal its expected burden. The Federal minimize the burden of the collection of information on respondents, including Revenue Service, room 6407, 1111 Register Notice with a 60-day comment Constitution Avenue NW., Washington, period soliciting comments on the the use of automated collection techniques or other forms of information DC 20224, or at (202) 622–3945, or following collection of information was through the Internet at published on February 26, 2003 (68 FR technology. The Confidential Information [email protected]. vol. 68, page 8959). Protection and Statistical Efficiency Act SUPPLEMENTARY INFORMATION: DATES: Written comments should be of 2002 (44 U.S.C. 3501 note), requires submitted by June 16, 2003. Title: Documentation Provisions for a statistical agency to clearly identify Certain Taxpayers Using the Fair Market FOR FURTHER INFORMATION CONTACT: information it collects for non-statistical Value Method of Internet Expense Bernie Stankus, Office of Airline purposes. BTS hereby notifies the Apportionment. Information, K–14, Room 4125, Bureau respondents and the public that BTS OMB Number: 1545–1833. of Transportation Statistics, 400 Seventh uses the information it collects under Revenue Procedure Number: Revenue Street, SW., Washington, DC 20590– this OMB approval for non-statistical Procedure 2003–37. 0001, Telephone Number (202) 366– purposes including, but not limited to, Abstract: Revenue Procedure 2003–37 4387, Fax Number (202) 366–3383 or e- publication of both Respondent’s describes documentation and mail [email protected]. identity and its data, submission of the information a taxpayer that uses the fair SUPPLEMENTARY INFORMATION: information to agencies outside BTS for market value method of apportionment review, analysis and possible use in of interest expense may prepare and Bureau of Transportation Statistics regulatory and other administrative make available to the Service upon (BTS) matters. request in order to establish the fair Title: Report of Extension of Credit to Issued in Washington, DC, on May 8, 2003. Political Candidates. market value of the taxpayer’s assets to Donald W. Bright, Type of Request: Extension of a the satisfaction of the Commissioner as currently approved collection. Assistant Director, Airline Information, required by § 1.861–9T(g)(1)(iii). It also Bureau of Transportation Statistics. OMB Control Number: 2138–0016. sets forth the procedures to be followed Forms: 183. [FR Doc. 03–12047 Filed 5–14–03; 8:45 am] in the case of elections to use the fair Affected Public: U.S. air carriers that BILLING CODE 4910–FE–P market value method. extend credit to political candidates Current Actions: There are no changes during Federal elections. being made to the revenue procedure at DEPARTMENT OF THE TREASURY this time. Background Type of Review: Extension of a The Department uses this Form 183 as Internal Revenue Service currently approved collection. Affected Public: Business or other for- the means to fulfill its obligation under Proposed Collection; Comment profit organizations. the Federal Election Campaign Act of Request for Revenue Procedure 2003– Estimated Number of Respondents 1971 (the Act). The Act’s legislative 37 history indicates that one of its statutory and/or Recordkeepers: 125. goals is to prevent candidates for AGENCY: Internal Revenue Service (IRS), Estimated Average Time Per Federal political office from incurring Treasury. Respondent/Recordkeeper: 5 hours.
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Estimated Total Annual Reporting Paperwork Reduction Act of 1995, (b) the accuracy of the agency’s estimate and/or Recordkeeping Burden: 625 Public Law 104–13 (44 U.S.C. of the burden of the collection of hours. 3506(c)(2)(A)). Currently, the IRS is information; (c) ways to enhance the The following paragraph applies to all soliciting comments concerning Form quality, utility, and clarity of the of the collections of information covered 8876, Excise Tax on Structured information to be collected; (d) ways to by this notice: Settlement Factoring Transactions. minimize the burden of the collection of An agency may not conduct or DATES: Written comments should be information on respondents, including sponsor, and a person is not required to received on or before July 14, 2003 to be through the use of automated collection respond to, a collection of information assured of consideration. techniques or other forms of information unless the collection of information ADDRESSES: Direct all written comments technology; and (e) estimates of capital displays a valid OMB control number. to Glenn P. Kirkland, Internal Revenue or start-up costs and costs of operation, Books or records relating to a collection Service, room 6411, 1111 Constitution maintenance, and purchase of services of information must be retained as long Avenue NW., Washington, DC 20224. to provide information. as their contents may become material Approved: May 9, 2003. in the administration of any internal FOR FURTHER INFORMATION CONTACT: revenue law. Generally, tax returns and Requests for additional information or Carol Savage, tax return information are confidential, copies of the form and instructions Management and Program Analyst. as required by 26 U.S.C. 6103. should be directed to Carol Savage at [FR Doc. 03–12188 Filed 5–14–03; 8:45 am] Request for Comments: Comments Internal Revenue Service, room 6407, BILLING CODE 4830–01–P submitted in response to this notice will 1111 Constitution Avenue NW., be summarized and/or included in the Washington, DC 20224, or at (202) 622– request for OMB approval. All 3945, or through the internet at DEPARTMENT OF THE TREASURY comments will become a matter of [email protected]. Internal Revenue Service public record. Comments are invited on: SUPPLEMENTARY INFORMATION: (a) Whether the collection of Title: Excise Tax on Structured Proposed Collection; Comment information is necessary for the proper Settlement Factoring Transactions. Request for Revenue Procedure 2003– performance of the functions of the OMB Number: 1545–1826. 39 agency, including whether the Form Number: 8876. information shall have practical utility; Abstract: Form 8876 is used to report AGENCY: Internal Revenue Service (IRS), (b) the accuracy of the agency’s estimate structured settlement transactions and Treasury. of the burden of the collection of pay the applicable excise tax. ACTION: Notice and request for information; (c) ways to enhance the Current Actions: There are no changes comments. quality, utility, and clarity of the being made to the form at this time. information to be collected; (d) ways to Type of Review: Extension of a SUMMARY: The Department of the minimize the burden of the collection of currently approved collection. Treasury, as part of its continuing effort information on respondents, including Affected Public: Business or other for- to reduce paperwork and respondent through the use of automated collection profit organizations and individual. burden, invites the general public and techniques or other forms of information Estimated Number of Respondents: other Federal agencies to take this technology; and (e) estimates of capital 100. opportunity to comment on proposed or start-up costs and costs of operation, Estimated Time Per Respondent: 5 and/or continuing information maintenance, and purchase of services hours, 36 minutes. collections, as required by the to provide information. Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 560. Public Law 104–13 (44 U.S.C. Approved: May 8, 2003. The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is Glenn P. Kirkland, of the collections of information covered soliciting comments concerning IRS Reports Clearance Officer. by this notice: Revenue Procedure 2003–39, Section [FR Doc. 03–12187 Filed 5–14–03; 8:45 am] An agency may not conduct or 1031 LKE (Like-Kind Exchanges) Auto BILLING CODE 4830–01–P sponsor, and a person is not required to Leasing Programs. respond to, a collection of information DATES: Written comments should be unless the collection of information received on or before July 14, 2003 to be DEPARTMENT OF THE TREASURY displays a valid OMB control number. assured of consideration. Books or records relating to a collection ADDRESSES: Internal Revenue Service of information must be retained as long Direct all written comments as their contents may become material to Glenn P. Kirkland, Internal Revenue Proposed Collection; Comment in the administration of any internal Service, room 6411, 1111 Constitution Request for Form 8876 revenue law. Generally, tax returns and Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: AGENCY: Internal Revenue Service (IRS), tax return information are confidential, Requests for additional information or Treasury. as required by 26 U.S.C. 6103. copies of the revenue procedure should ACTION: Request for Comments: Comments Notice and request for be directed to Carol Savage at Internal comments. submitted in response to this notice will be summarized and/or included in the Revenue Service, room 6407, 1111 SUMMARY: The Department of the request for OMB approval. All Constitution Avenue NW., Washington, Treasury, as part of its continuing effort comments will become a matter of DC 20224, or at (202) 622–3945, or to reduce paperwork and respondent public record. Comments are invited on: through the internet at burden, invites the general public and (a) Whether the collection of [email protected]. other Federal agencies to take this information is necessary for the proper SUPPLEMENTARY INFORMATION: opportunity to comment on proposed performance of the functions of the Title: Section 1031 LKE (Like-Kind and/or continuing information agency, including whether the Exchanges) Auto Leasing Programs. collections, as required by the information shall have practical utility; OMB Number: 1545–1834.
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Revenue Procedure Number: Revenue be summarized and/or included in the ACTION: Notice. Procedure 2003–39. request for OMB approval. All Abstract: Revenue Procedure 2003–39 comments will become a matter of SUMMARY: The agency is soliciting provides safe harbors for certain aspects public record. Comments are invited on: applications for Senior Fellowships of the qualification under § 1031 of (a) Whether the collection of from scholars or practitioners who certain exchanges of property pursuant information is necessary for the proper conduct research related to the peaceful to LKE Programs for federal income tax performance of the functions of the resolution of international conflict. purposes. agency, including whether the Fellowship entails residence at agency Current Actions: There are no changes information shall have practical utility; being made to the revenue procedure at in Washington, DC, for up to ten months (b) the accuracy of the agency’s estimate beginning October 1, 2004. this time. of the burden of the collection of Type of Review: Extension of a information; (c) ways to enhance the DATES: Application Material Available currently approved collection. quality, utility, and clarity of the Upon Request. Receipt Date for Return Affected Public: Business or other for- information to be collected; (d) ways to of Applications: September 15, 2003. profit organizations. minimize the burden of the collection of Estimated Number of Respondents: Notification of Awards: April, 2004. information on respondents, including 8,600. ADDRESSES: For application materials, Estimated Average Time Per through the use of automated collection techniques or other forms of information visit the Institute’s Web site at http:// Respondent: 1 hour. www.usip.org, or contact: United States Estimated Total Annual Burden technology; and (e) estimates of capital or start-up costs and costs of operation, Institute of Peace, Jennings Randolph Hours: 8,600. Program, 1200 17th Street, NW., Suite The following paragraph applies to all maintenance, and purchase of services of the collections of information covered to provide information. 200, Washington, DC 20036–3011, (202) 429–6063 (fax), (202) 457–1719 (TTY), by this notice: Approved: May 8, 2003. [email protected] (e-mail). An agency may not conduct or Glenn P. Kirkland, sponsor, and a person is not required to IRS Reports Clearance Officer. FOR FURTHER INFORMATION CONTACT: respond to, a collection of information [FR Doc. 03–12189 Filed 5–14–03; 8:45 am] Jennings Randolph Program, Phone unless the collection of information (202) 429–3886. displays a valid OMB control number. BILLING CODE 4830–01–P Books or records relating to a collection Dated: April 2, 2003. of information must be retained as long Bernice J. Carney, as their contents may become material UNITED STATES INSTITUTE OF Director, Office of Administration. in the administration of any internal PEACE [FR Doc. 03–12141 Filed 5–14–03; 8:45 am] revenue law. Generally, tax returns and BILLING CODE 6820–AR–M tax return information are confidential, Announcement of Senior Fellowship as required by 26 U.S.C. 6103. Competition Request for Comments: Comments submitted in response to this notice will AGENCY: United States Institute of Peace.
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Part II
Department of Transportation National Highway and Traffic Safety Administration
49 CFR Part 571 Federal Motor Vehicle Safety Standards; Brake Hoses; Proposed Rule
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DEPARTMENT OF TRANSPORTATION Table of Contents 5. Proof and Burst Test I. Background 6. Serviceability Test National Highway Traffic Safety II. Joint Petition for Rulemaking 7. Fitting Compatibility Test Administration III. Summary of Response to Petition 8. Constriction IV. NHTSA’s Proposed Revisions to FMVSS 9. End Fitting Dimensional Requirements 49 CFR Part 571 No. 106 10. End Fitting Corrosion Resistance A. Hydraulic Brake Hoses V. Rulemaking Analyses and Notices [Docket No. 03–14483, No. 1] 1. Pressure Test A. Executive Order 12866 and DOT 2. Constriction Regulatory Policies and Procedures RIN 2127–AH79 3. Volumetric Expansion B. Regulatory Flexibility Act C. National Environmental Policy Act Federal Motor Vehicle Safety 4. Whip Resistance Test 5. Tensile Strength D. Executive Order 13132 (Federalism) Standards; Brake Hoses 6. Water Absorption and Pressure Test, E. Civil Justice Reform F. Paperwork Reduction Act AGENCY: Tensile Strength, and Whip Resistance National Highway Traffic G. National Technology Transfer and Safety Administration (NHTSA), 7. Low temperature Resistance Test 8. Brake Fluid Compatibility, Constriction, Advancement Act Department of Transportation (DOT). and Burst Strength H. Unfunded Mandates Reform Act ACTION: Notice of proposed rulemaking. 9. Ozone Resistance I. Plain Language 10. End Fitting Corrosion Resistance J. Regulation Identifier Number (RIN) SUMMARY: Pursuant to the agency’s grant 11. High Temperature Impulse Test K. Comments of a joint petition from Elf Atochem B. Air Brake Hoses I. Background North America, Inc., Mark IV Industrial/ 1. Dimensional Requirements Dayco Eastman, and Parker Hannifin 2. Construction and Labeling This document responds to a joint Corporation, NHTSA proposes to update 3. Manufacturer Identification petition for rulemaking filed on October 4. Constriction the Federal motor vehicle safety 30, 1998, by Elf Atochem North standard on brake hoses to incorporate 5. High Temperature Resistance 6. Low Temperature Resistance America, Inc., Mark IV Industrial/Dayco the substantive specifications of several 7. Oil Resistance Eastman, and Parker Hannifin Society of Automotive Engineers (SAE) 8. Ozone Resistance Corporation, three brake hose Recommended Practices relating to 9. Length Change manufacturers. The petitioners request hydraulic brake hoses, vacuum brake 10. Adhesion that certain requirements relating to hoses, air brake hoses, and plastic air 11. Air Pressure (leakage) brake hoses, brake hose tubing, and brake tubing. 12. Burst Strength brake hose end fittings that are presently 13. Tensile Strength DATES: Comments must be received on 14. Water Absorption and Tensile Strength administered by the Federal Motor or before July 14, 2003. 15. Zinc Chloride Resistance Carrier Safety Administration (FMCSA) ADDRESSES: Comments should refer to 16. End Fitting Corrosion Resistance be incorporated into the brake hose the docket number above and be 17. Minimum Bend Radius standard that is currently administered submitted to: Docket Section, National C. Vacuum Brake Hoses by the National Highway Traffic Safety Highway Traffic Safety Administration, 1. Constriction Administration (‘‘NHTSA’’ or the 400 Seventh Street, SW, Washington, 2. High Temperature Resistance ‘‘agency’’). Specifically, the petitioners DC 20590. Alternatively, you may 3. Low Temperature Resistance request incorporation of the 4. Ozone Resistance submit your comments electronically by 5. Burst Strength requirements in § 393.45 (Brake tubing logging onto the Docket Management 6. Vacuum Deformation and hose, adequacy) and § 393.46 (Brake System (DMS) Web site at http:// 7. Bend Test tubing and hose connections) of the dms.dot.gov. Click on ‘‘Help & 8. Swell (Fuel Resistance) Federal Motor Carrier Safety Information’’ or ‘‘Help/Info’’ to view 9. Adhesion Regulations (FMCSR) into § 571.106 instructions for filing your comments 10. Deformation (Brake hoses) of the Federal motor electronically. Regardless of how you 11. End Fitting Corrosion Resistance vehicle safety standards (‘‘FMVSS’’). submit your comments, you should D. Plastic Air Brake Tubing 1. Classification Sections 393.45 and 393.46 of the mention the docket number of this 2. Dimensions and Tolerances FMCSRs require that brake hose, tubing, document. 3. One Hundred Percent Leak Test and fittings on ‘‘commercial motor You may call the Docket at 202–366– 4. Burst Test vehicles’’ be maintained according to 9324. Docket hours are 9:30 a.m. to 4 5. Moisture Absorption certain specifications adopted by the p.m., Monday through Friday. 6. Ultraviolet Resistance Society of Automotive Engineers FOR FURTHER INFORMATION CONTACT: For 7. Cold temperature Flexibility (‘‘SAE’’). A ‘‘commercial motor vehicle’’ non-legal issues, Mr. Jeffrey Woods, 8. Heat Aging is defined, in § 393.5 of the FMCSRs, as 9. Zinc Chloride Resistance Vehicle Dynamics Division, Office of any self-propelled or towed motor vehicle Vehicle Safety Standards (Telephone: 10. Methyl Alcohol Resistance 11. Stiffness used on a highway in interstate commerce to 202–366–6206) (Fax: 202–366–4921). 12. Boiling Water Stabilization and Burst transport passengers or property when the Mr. Woods’ mailing address is National Test vehicle— Highway Traffic Safety Administration/ 13. Cold Temperature Impact (1) Has a gross vehicle weight rating or DOT, NPS–22, 400 Seventh St., SW., 14. Adhesion gross combination weight rating, or gross Washington, DC 20590. 15. Heat Aging and Adhesion Test vehicle weight or gross combination weight, For legal issues, Mr. George Feygin, 16. Collapse Resistance of 4,537 kg (10,001 lbs.) or more; whichever Office of the Chief Counsel (Telephone: 17. Oil Resistance is greater; or 202–366–2992) (Fax: 202–366–3820). 18. Ozone Resistance (2) Is designed or used to transport more Mr. Feygin’s mailing address is National E. Plastic Air Brake Tubing Assemblies and than 8 passengers (including the driver) for Highway Traffic Safety Administration, End Fittings compensation; or 1. Tensile Strength (3) Is designed or used to transport more NCC–20, 400 Seventh St., SW., 2. Hot Tensile Strength than 15 passengers, including the driver, and Washington, DC 20590. 3. Conditioned Pull Test is not used to transport passengers for SUPPLEMENTARY INFORMATION: 4. Vibration Leak Test compensation; or
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(4) Is used in transporting material found spherical and flanged sleeve tube Corporation jointly submitted a petition by the Secretary of Transportation to be fittings. In place of the SAE for rulemaking asking the agency to hazardous under 49 U.S.C. 5103 and specifications, FHWA proposed that incorporate into FMVSS No. 106 the transported in a quantity requiring § 393.45 state that all brake hose and SAE specifications for brake hose, brake placarding under regulations prescribed by tubing, brake hose assemblies, and the Secretary under 49 CFR, subtitle B, tubing, and fittings that FHWA chapter I, subchapter C.1 fittings must meet the applicable proposed deleting from §§ 393.45 and requirements of FMVSS No. 106. The 393.46 of the FMCSRs. The petition Pursuant to § 393.45, brake tubing and proposal included retaining one requested that the application of these hose on commercial motor vehicles reference to SAE J844 in § 393.45 for SAE specifications be limited to hose, must conform to the following SAE coiled nylon brake hose and hose tubing, and fittings used on trucks, specifications: SAE Recommended assemblies. Presently, FMVSS No. 106 truck-trailer combinations, and buses Practice J1149 (Metallic Air Brake excludes coiled nylon brake hose/ with either a GVWR greater than 10,000 System Tubing and Pipe—July 1976); assemblies that comply with FMCSR lbs. or which are designed to transport SAE Recommended Practice J844 § 393.45 from certain requirements, 16 or more people, including the driver. (Nonmetallic Air Brake System Type namely S7.3.6 (length change), S7.3.10 In addition, the petitioners requested B—October 1980); SAE Recommended (tensile strength), and S7.3.11 (tensile that the current versions of the SAE Practice J1402 (Automotive Air Brake strength of an assembly after immersion specifications be adopted instead of the Hose and Hose Assemblies—June 1985); in water). older versions cited in the FMCSRs. SAE Recommended Practice J1401 FHWA’s NPRM aroused concerns. (Road Vehicle Hydraulic Brake Hose Several brake hose manufacturers and III. NHTSA’s Response to the Joint Assemblies for Use with Non Petroleum one engineering consultant submitted Petition Base Hydraulic Fluid—June 1985); and comments objecting to the proposed NHTSA has decided to grant the joint SAE Recommended Practice J1403 deletion of all but one reference to the petition for rulemaking. The agency (Vacuum Brake Hose—June 1985). SAE specifications from §§ 393.45 and agrees with the petitioners that there is Under section 393.46, tube fittings on 393.46 of the FMCSRs. In addition, a a safety need to transfer the brake hose, commercial motor vehicles must letter signed by 44 Members of Congress tubing, and fitting requirements conform to the requirements of either was sent to the Secretary of currently contained in §§ 393.45 and SAE Standard J512 (Automotive Tube Transportation on November 3, 1997, 393.46 of the FMCSRs to FMVSS No. Fittings—October 1980) or SAE J246 expressing their concern over FHWA’s 106, before those requirements are (Spherical and Flanged Sleeve proposal to repeal its safety standards deleted. NHTSA tentatively concludes (Compression) Tube Fittings—March for commercial motor vehicle brake that to ensure the continued safety of 1981). hose, brake tubing, and fittings. commercial motor vehicle braking The Federal Highway Administration In response to these concerns, the systems, the substantive specifications (‘‘FHWA’’), which was responsible for Department of Transportation held a of the SAE Recommended Practices administering the FMCSRs prior to the public meeting on March 24, 1998. In should be incorporated into FMVSS No. formation of the Federal Motor Carrier attendance were representatives from 106, with a few exceptions as noted. Safety Administration, issued a Notice FHWA and NHTSA, several brake hose/ This would involve, among other of Proposed Rulemaking on April 14, tubing/fitting manufacturers, a truck changes, establishing a new category in 1997 (62 FR 18170). The FHWA manufacturer, a truck manufacturers the standard for plastic air brake tubing, proposed amending part 393 of the association, an explosives manufacturer, end fittings, and tubing assemblies. FMSCRs to, among other things, remove a truck users association, and United obsolete and redundant regulations and States Congressman Thomas Sawyer (D- NHTSA’s decision to grant the joint resolve inconsistencies between part Ohio). petition is also based on the fact that 393 and NHTSA’s FMVSS. The FHWA At the public meeting, representatives FMVSS No. 106 has not been stated that because it has no statutory from NHTSA and FHWA said that they substantially updated in many years. authority to regulate vehicle favored consolidating all requirements Revisions over the past 20 years have manufacturers or manufacturers of brake for brake hose, brake tubing, and fittings primarily addressed labeling issues, hose, tubing, or fittings, all such in FMVSS No. 106, instead of inclusion of metric-sized brake hoses, regulations should be included in maintaining separate requirements updating test fluids to match advances NHTSA’s FMVSS rather than in the under the jurisdiction of two different in industry, and minor regulatory FMCSRs. The FHWA proposed adopting agencies. They explained that revisions to individual test conditions a requirement that commercial motor consolidation of the requirements such as the whip test and the adhesion vehicles be maintained in compliance would, among other things, make them test. The agency notes that most of the with FMVSS No. 106. more enforceable. Some of the brake substantive requirements currently in Accordingly, FHWA’s NPRM component manufacturers stated their Standard 106, other than the labeling included a proposal to delete from opposition to deleting the SAE requirements, were originally based on §§ 393.45 and 393.46 all but one of the specifications for their products. FHWA SAE standards and American Society references to SAE specifications and NHTSA indicated that anyone for Testing and Materials (ASTM) applicable to metallic brake tubing, opposed to FHWA’s proposal was standards referenced therein. While the nonmetallic brake tubing, air brake welcome to file a petition for SAE and ASTM standards have been hose, hydraulic brake hose, vacuum rulemaking requesting that the SAE modified over time to keep pace with brake hose, air brake tube fittings, and specifications proposed for deletion for technological developments in the the FMCSRs be incorporated into industry, the substantive requirements 1 The FMCSRs contain two different definitions of FMVSS No. 106. of FMVSS No. 106 have remained ‘‘commercial motor vehicle’: one in § 393.5 and relatively unchanged. Therefore, another in section 382.107. The latter definition is II. Joint Petition for Rulemaking NHTSA’s proposed changes to Standard narrower than the former. We note that all references throughout this document to On October 30, 1998, Elf Atochem No. 106 would take into account the ‘‘commercial motor vehicle’’ are to the broader North America, Inc., Mark IV Industrial/ substantial technological developments definition found in section 393.5. Dayco Eastman, and Parker Hannifin that have occurred and align the
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standard’s requirements with standard J1401, Hydraulic Brake Hose Assemblies in the late 1960s, when underhood industry practices. Incorporating many for Use with Nonpetroleum-Base temperatures were lower. of the SAE standard’s performance Hydraulic Fluids, because it tentatively Generally, in those instances in which requirements is consistent with Office of concludes that the manufacturer the performance requirements and test Management and Budget (OMB) identification requirements already procedures in SAE J1401 are more Circular A–119, which directs federal present in FMVSS No. 106 are rigorous, as with the hot impulse test agencies to use and/or develop sufficient. specification, NHTSA is proposing to voluntary consensus industry standards, incorporate the SAE J1401 requirement/ IV. Proposed Revisions to FMVSS No. in accordance with Public Law 104–113, procedure. Where the requirements and 106 the ‘‘National Technology Transfer and procedures of FMVSS No. 106 are either Advancement Act of 1995.’’ The following sections describe the more stringent or are not addressed at The agency’s proposal differs in a changes NHTSA proposes to make to all in SAE J1401, however, the agency number of respects, however, from that Standard No. 106’s performance is proposing to retain the FMVSS No. requested by the petitioners— requirements and test procedures 106 requirement/procedure. First, as explained in greater detail relating to: (a) Hydraulic brake hose; (b) The agency notes that because the below, instead of simply incorporating air brake hose; (c) vacuum brake hose; reach of § 393.45 of the FMCSRs is complete SAE standards by reference as (d) plastic air brake tubing; and (e) limited to ‘‘commercial motor vehicles,’’ the FMCSRs currently do, NHTSA plastic air brake tubing assemblies and the performance requirements and test proposes to incorporate only the end fittings. Each section contains a procedures in SAE J1401 are, at present, specific requirements/specifications of table comparing the performance only being applied to hydraulic brake the SAE standards that are either more requirements and test procedures of hose in use on those vehicles. In rigorous than those in Standard No. 106 FMVSS No. 106 to the relevant SAE contrast, FMVSS No. 106’s or are not present at all in FMVSS No. Recommended Practice/Standard and a requirements/procedures apply to all 106. requirement-by-requirement/procedure- hydraulic brake hoses, regardless of Second, the agency does not propose by-procedure explanation of the changes their end use. One question that arises to limit the application of those SAE NHTSA is proposing. Generally in connection with NHTSA’s proposal requirements/specifications to brake speaking, whenever an SAE to incorporate many of SAE J1401’s hose, tubing, and fittings used on specification is more stringent than the specifications, therefore, is whether to commercial motor vehicles. NHTSA corresponding FMVSS No. 106 restrict application of those tentatively concludes that all brake requirement/procedure, NHTSA specifications to hydraulic brake hoses hose, tubing, and fittings can and proposes to incorporate the SAE designed for use on commercial motor should meet the requirements/ specification. vehicles. NHTSA proposes to apply the specifications, regardless of their end specifications of SAE J1401 to all A. Hydraulic Brake Hoses use. hydraulic brake hoses, regardless of the Third, although NHTSA agrees with NHTSA’s performance requirements type of vehicle on which it is installed. the petitioners that proposed changes to and test procedures relating to hydraulic The agency does not favor the creation FMVSS No. 106 should be based on the brake hoses are located in paragraph of a separate category of, for example, most recent versions of the SAE S5., Requirements—Hydraulic brake ‘‘commercial’’ hydraulic brake hoses standards, instead of the older versions hose, brake hose assemblies, and brake that would include the more severe test cited in the FMCSRs, the agency notes hose end fittings, and paragraph S6., conditions only for those particular that a number of SAE’s standards have Test procedures—Hydraulic brake hose, brake hoses because NHTSA tentatively been updated since the joint petition brake hose assemblies, and brake hose concludes that all types of brake hoses was filed. Accordingly, NHTSA end fittings of FMVSS No. 106. The can and should meet the current SAE proposes to rely on the most recent corresponding SAE specifications are J1401 specifications. versions of the SAE standards. contained in SAE Surface Vehicle Many light vehicles, including Fourth, the agency does not propose Standard J1401, Hydraulic Brake Hose passenger cars, are currently to incorporate SAE standards relating to Assemblies for Use with Nonpetroleum- manufactured using brake hoses that copper tubing, galvanized steel pipe, or Base Hydraulic Fluids, Rev. September meet SAE J1401 specifications or other, end fittings used with metallic or non- 1999 (SAE J1401). proprietary standards that are more metallic tubing because these materials The performance requirements and severe than Standard 106. Although it is are occasionally used in chassis test procedures for hydraulic brake not clear whether replacement brake plumbing and these products are not hoses in FMVSS No. 106 and SAE J1401 hoses are also designed to meet these considered to be brake hoses, thus it are similar, but not identical. In many more rigorous specifications, NHTSA would not be appropriate to include cases, the requirements and procedures tentatively concludes that it is in the them in FMVSS No. 106. in SAE J1401 are more stringent than interest of safety to specify that they do Fifth, NHTSA is not proposing to the corresponding requirements and so. From a safety standpoint, if a incorporate the material and procedures in paragraphs S5 and S6 of replacement brake hose which does not construction specifications for Type A FMVSS No. 106. For example, in meet SAE J1401 specifications were to and Type B tubing contained in SAE recognition of the fact that underhood be installed on a vehicle originally J844, Nonmetallic Air Brake System temperatures have increased in modern outfitted with hose designed to meet the Tubing, and SAE J1394, Metric passenger cars and, therefore, front specifications of SAE J1401 (or another Nonmetallic Air Brake System Tubing brake hoses near the engine proprietary standard more stringent because the agency tentatively compartment are subjected to these than FMVSS No. 106), the vehicle brake concludes that incorporating those higher temperatures, SAE J1401 hose would be more prone to failure. material specifications would be design- recommends subjecting hydraulic brake Requiring all hydraulic brake hoses, restrictive. hose to a hot impulse test. In contrast, both original equipment manufacturer Sixth, NHTSA does not propose to FMVSS No. 106 does not specify a hot (OEM) brake hoses and replacement incorporate the manufacturer impulse test because many of the brake hoses, to meet the current SAE identification requirements in SAE specifications in the standard originated J1401 requirements/specifications
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should substantially decrease the 2. Constriction drop-ball test and on the differences likelihood of brake hose failure. NHTSA SAE J1401’s constriction requirement between the plug gauge test specified in welcomes comments, however, is limited to hydraulic brake hose with SAE J1401 and the one the agency is regarding the appropriateness of 1 proposing. an internal hose diameter of ⁄8 inch or applying SAE J1401’s requirements/ 3⁄16 inch. SAE J1401 specifies a 3. Volumetric Expansion specifications to all hydraulic brake minimum pass-through diameter of 64 Both SAE J1401 and FMVSS No. 106 hoses, regardless of their end use or percent of nominal internal hose have similar requirements/procedures; whether they are OEM hoses or diameter, which is determined by however, SAE J1401 does not specify replacement hoses. performing a plug gage test. FMVSS No. A detailed discussion of the tests for hoses other than 1⁄8 or 3⁄16 inch. 106 contains the same 64 percent of differences between the hydraulic brake FMVSS No. 106 includes requirements nominal internal hose diameter hose performance requirements and test for hoses smaller than 1⁄8 inch, larger requirement, but applies it to hose of all procedures in SAE J1401 and FMVSS than 1⁄4 inch, and also for metric sizes, not just hose with an internal hose No. 106 follows, along with the agency’s nominal hose sizes. NHTSA does not diameter of 1⁄8 inch or 3⁄16 inch. Unlike proposed resolution of those propose to make any changes to the SAE J1401, however, FMVSS No. 106 differences. volumetric expansion requirements/ does not specify a test for determining procedures in FMVSS No. 106. 1. Pressure Test hose’s minimum pass-through diameter. SAE J1401 specifies a test pressure of In addition, FMVSS No. 106 explicitly 4. Whip Resistance Test 1,500 psi minimum and 2,100 psi excludes those portions of end fittings The whip resistance requirements/ maximum for inert gas or air tests and that do not contain hose from the procedures for hydraulic brake hose in 3,000 psi minimum and 3,500 psi constriction test while SAE J1401 does SAE J1401 and FMVSS No. 106 are maximum for water and brake fluid not. NHTSA welcomes comments on the similar. Both SAE J1401 and FMVSS tests, with the hose assembly required to issue of whether the constriction No. 106 specify that a hydraulic brake sustain these pressures for 10 to 20 exclusion for portions of end fittings hose assembly shall not rupture when seconds, as a preconditioning test for all that do not contain hose is still run continuously on a flexing machine samples of hose assemblies to be necessary, or if there have been any for 35 hours. The test procedures differ, subjected to further test conditions. The substantial changes to brake systems however, regarding the level of water burst test (following the expansion test; which preclude the use of intentionally- pressure to be exerted in conducting the see S5.3.2) specifies a minimum restrictive end fittings. whip resistance test. While FMVSS No. requirement of 4,000 psi plus zero (0) NHTSA proposes retaining the 106 specifies a constant minimum water minus 200 psi for 2 minutes, using existing constriction performance pressure of 235 psi during the test, SAE water or brake fluid, followed by a requirement in FMVSS No. 106 and J1401 specifies a water pressure range of pressure increase to the point of failure. adding a constriction test procedure. 225 to 250 psi. The agency does not The minimum failure for 1⁄8 inch hose Two different constriction test propose any changes to Standard No. is 7,000 psi and for 3⁄16 hose is 5,000 psi. procedures are available: the drop-ball 106’s existing test procedures for whip SAE J1401 does not specify test test and the plug gauge test. In the drop- resistance because the existing conditions for hose sizes other than 1⁄8 ball test, a steel ball with a diameter specifications are so close to the upper or 3⁄16 inch. equal to the minimum constriction pressure limit specified in SAE J1401. In contrast, FMVSS No. 106 specifies diameter for a particular hose size is a water pressure test of 4,000 psi for 2 dropped into one end of the hose at its 5. Tensile Strength minutes and 5,000 psi minimum burst fitting. Gravity is the only downward FMVSS No. 106 specifies that a hose strength. The performance requirements force acting on the ball, and friction assembly shall have a minimum tensile and test procedures are similar to those between the hose and ball may not be strength of 325 pounds when pulled at in SAE J1401, although FMVSS No. 106 sufficiently overcome in all tests. a rate of 1 inch per minute. SAE J1401 includes a lower pressure requirement As noted above, SAE J1401 specifies includes this same specification, but for 1⁄8 hose (5,000 psi) and includes use of a plug gauge test. In the plug also specifies an additional tensile requirements for hose with inside gauge test, a cylindrical plug with a strength of 370 pounds when pulled at diameters of 1⁄4 inch or larger. small rod handle is inserted into and a faster, 2 inches per minute, rate. NHTSA tentatively concludes that a removed from the hose. NHTSA Therefore, SAE J1401’s test environment higher, 7,000 psi burst strength proposes specifying a plug gauge test is more severe than that specified in requirement should be adopted for 1⁄8 because the agency tentatively FMVSS No. 106. NHTSA proposes that inch and 3mm hydraulic brake hoses. concludes that the additional weight of the SAE J1401 fast-pull test and 370 NHTSA contacted Intertek Testing the plug gauge may make it less pound strength requirement be Services, a company that has performed susceptible to friction than the ball used incorporated into FMVSS No. 106. The compliance testing of brake hoses under in the drop-ball test. The plug gauge test agency also proposes to update the contract to the agency, to determine if that NHTSA is proposing, the details of ASTM reference for tension testing the 7,000-psi pressure has been which are contained in paragraph S6.12 machines to the latest version of the sustained by brake hoses in past testing. of the Proposed Regulatory Text, differs standard practice. Intertek indicated that it typically will somewhat from the plug gauge test test up to 10,000 psi for all sizes of specified in SAE J1401 in two respects. 6. Water Absorption and Pressure Test, hydraulic brake hose, and that the hose First, the spherical end of the plug Tensile Strength, and Whip Resistance have consistently been able to sustain gauge must be able to enter the hose or Both SAE J1401 and FMVSS No. 106 this much pressure without bursting. end fitting by applying a force no greater have identical specifications for the Therefore, NHTSA proposes that the than gravity. Second, the plug gauge conditioning of the hose assembly in 7,000 psi burst strength requirement must fall under the force of gravity water for 70 hours, but the subsequent from SAE J1401 be adopted into within 3 seconds. The agency welcomes test conditions (which are also used for Standard No. 106 for 1⁄8 inch and 3 mm comments both on its proposal to non-water conditioned hose) vary, given hydraulic brake hoses. specify a plug gauge test instead of a the aforementioned differences between
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the pressure, tensile strength, and whip all the way around the test cylinder, Instead of referencing either ASTM resistance requirements in SAE J1401 while SAE J1401 provides test B117–64 or ASTM B 117 Appendix B, and FMVSS No. 106. NHTSA does not procedures for hose that exceed the test both of which are outdated, NHTSA propose any changes to the existing cylinder circumference and also for proposes to change the reference in water absorption requirements of hose that collapse when subject to FMVSS No. 106 to the most recent set FMVSS No. 106 but, as noted above, bending. SAE J1401 requires a higher of ASTM specifications for salt spray NHTSA does propose to incorporate concentration of ozone of 100 parts per chambers, which are found in ASTM SAE J1401’s fast-pull test and 370- million (ppm) compared to FMVSS No. B117–97. pound strength requirement into 106, which requires a concentration of Another difference between the end Standard No. 106’s tensile strength test 50 ppm. fitting corrosion resistance procedure. Accordingly, after being Both SAE J1401 and FMVSS No. 106 specifications in SAE J1401 and FMVSS conditioned in water for 70 hours, specify a conditioning temperature of No. 106 pertains to the mounting angle hydraulic brake hose assembly would be 104 degrees F. In addition, both SAE required to meet these heightened 1401 and FMVSS No. 106 specify that of the hose. SAE J1401 specifies that the tensile strength requirements. the hose be subjected to ozone for at hose shall be mounted at an angle least 70 hours after which no visible between 15 and 30 degrees from vertical 7. Low Temperature Resistance Test cracks in the hose may be apparent while FMVSS No. 106 specifies an angle Both SAE J1401 and FMVSS No. 106 when examined under 7-power of 30 degrees. Most of the end fitting specify identical test procedures for magnification. Unlike FMVSS No. 106, corrosion resistance performance bending brake hose around a test however, SAE J1401 includes an requirements in SAE J1401 and FMVSS cylinder after conditioning at minus 40 additional dynamic ozone test, in which No. 106 are similar or identical, with degrees F. However, SAE J1401 does not a cut length of hose is mounted in an SAE J1401 typically providing include test cylinder dimensions for environmental chamber, exposed to tolerances on all parameters. SAE J1401 hoses with inside diameters other than ozone at a 100 ppm concentration, and excludes brass end fittings from testing 1⁄8 inch or 3⁄16 inch, while FMVSS No. flexed on a specified apparatus through because apparently SAE deems those 106 includes test cylinder dimensions 3 inches of stroke at 0.3 Hz for 48 hours. end fittings to have adequate corrosion applicable to all sizes of brake hose. SAE J1401 specifies that no cracking of resistance. While the two sets of NHTSA does not propose any changes the hose is permissible after 48 hours. performance requirements are very in Standard No. 106’s low temperature NHTSA proposes to upgrade FMVSS similar, Standard No. 106’s resistance requirements/procedures. No. 106’s ozone resistance requirements requirements are somewhat more to incorporate the 100–ppm ozone rigorous and inclusive. Accordingly, 8. Brake Fluid Compatibility, concentration in SAE J1401. The agency with the exception of updating the Constriction, and Burst Strength also proposes to incorporate the reference to the most recent set of FMVSS No. 106 specifies that the dynamic ozone test in SAE J1401 into ASTM specifications for salt spray hose be conditioned with SAE RM–66– Standard No. 106. NHTSA tentatively chambers, NHTSA proposes no changes 05 Compatibility Fluid at 200 degrees F concludes that such an upgrade is to the end fitting corrosion resistance for 70 hours, and then subjected to appropriate given the well-documented requirements/procedures in FMVSS No. constriction and burst strength tests. increase in ground-layer ozone 106. SAE J1401 specifies that the hose be formation and concentration in U.S. conditioned using SAE RM–66–03 cities that has occurred since FMVSS 11. High Temperature Impulse Test Compatibility Fluid at 248 +9 ¥0 No. 106 was first proposed in 1967. SAE J1401 specifies a hot impulse test degrees F for 70 to 72 hours prior to the Requiring hydraulic brake hose to in which a hose assembly is filled with constriction and burst strength tests. sustain increased ozone concentrations brake fluid and subjected to 150 cycles Thus, when compared to the test should more accurately reflect the of 1600 psi for one minute, then zero procedures specified in Standard No. present-day operating environments of pressure for one minute, at an elevated 106, the SAE J1401 test is run at a brake hose and may prevent premature temperature of 259 degrees F. After this higher temperature and uses the older failure of the hose due to ozone test procedure, the hose assembly is SAE compatibility fluid. Because the exposure. cooled and subjected to a burst test with RM–66–05 fluid has superceded the 10. End Fitting Corrosion Resistance a specified minimum burst pressure of RM–66–03 fluid, NHTSA does not 5,000 psi. FMVSS No. 106 does not propose any change in the type of fluid Both SAE J1401 and FMVSS No. 106 include a hot impulse test. Accordingly, specified for conditioning the hose. specify exposing hydraulic brake hose NHTSA proposes incorporating the high NHTSA does propose, however, to end fittings to salt spray in a chamber temperature impulse test from SAE increase the conditioning temperature for 24 hours. The salt spray chamber J1401 into FMVSS No. 106. in FMVSS No. 106 to 248 degrees F. specified in FMVSS No. 106 is based on specifications outlined in ASTM B117– The table below summarizes the 9. Ozone Resistance 64, while the chamber specifications in differences between the hydraulic brake The test cylinder dimensional SAE J1401 are based on ASTM B 117 hose requirements/procedures of specifications in SAE J1401 and FMVSS Appendix B. NHTSA tentatively FMVSS No. 106 and SAE J1401 and No. 106 are the same, although the test concludes these are different versions of indicates which requirements/ procedures in FMVSS No. 106 account the same ASTM Standard Practice B117, procedures NHTSA proposes for hose that are not long enough to fit which has been revised over time. incorporating into the standard.
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TABLE 1.—COMPARISON OF HYDRAULIC BRAKE HOSE REQUIREMENTS IN FMVSS NO. 106 AND SAE J1401
Requirement/procedure Existing FMVSS No. 106 SAE J1401
Hydraulic Brake Hoses ‘‘x’’ Indicates Requirements/Procedures Proposed To Be Included in FMVSS No. 106
Pressure Test ...... 5,000 psi burst strength specification, all x 7,000 psi specified for 1⁄8 in. hose, same hoses. for 3⁄16 in. hose. Constriction ...... 1 Similar dimensional specifications ...... 1 Similar, does not specify 1⁄4 in. hose size. Volumetric Expansion ...... x Same ...... Same. Whip Test ...... x Same ...... Same. Tensile Strength ...... Slow pull rate test ...... x Includes slow plus fast pull rate tests. Water Absorption and Pressure Test ...... x Similar, note differences in pressure test ... Similar. Water Absorption and Tensile Strength ...... Similar, except fast pull rate test not in- x Similar, but includes fast pull rate. cluded. Water Absorption and Whip Resistance ..... x Similar ...... Similar. Low Temperature Resistance Test ...... x Same ...... Same, but does not cover all hose sizes. Brake Fluid Compatibility, Constriction, and Lower conditioning temperature...... x Higher conditioning temperature, older Burst Strength. version of test fluid (use RM–66–05 fluid). Ozone Resistance ...... Similar, 50 ppm ozone concentration ...... x Similar, 100 ppm ozone concentration. Dynamic Ozone Test ...... Not included ...... x Flex hose in ozone chamber for 48 hours. End Fitting Corrosion Resistance ...... x Similar, 30 degree mounting angle ...... Similar, 15–30 degree mounting angle, brass material exempt. High Temperature Impulse Test ...... Not included ...... x Pressure cycling at elevated temperature followed by burst test; does not cover 1⁄4 in. brake hose. Note 1: Use existing FMVSS No. 106 constriction requirement, propose that J1401 plug gauge test method be adopted in Test Procedure 106, add drop time.
B. Air Brake Hoses duty motor homes, the agency diameter (OD) dimensions for Type AI tentatively concludes that such vehicle and Type AII air brake hose NHTSA’s performance requirements populations are small in comparison to manufactured in fractional-inch sizes. and test procedures relating to air brake the number of straight trucks, tractors, SAE J1402 includes the same hose are located in paragraph S7, and air-braked buses. NHTSA dimensional requirements for AI and Requirements—Air brake hose, brake tentatively concludes that it is likely AII hose, but also includes dimensions hose assemblies, and brake hose end that the air brake hose, assemblies, and for Type ‘‘A’’ hose. Type A air brake fittings, and paragraph S8, Test fittings on these non-commercial hose are primarily used with procedures—Air brake hose, brake hose vehicles are already compliant with permanently attached end fittings, assemblies, and brake hose end fittings, SAE 1402’s specifications, however, unlike Types AI and AII air brake hose, of FMVSS No. 106. The corresponding because SAE 1402-compliant air brake which are used with reusable end SAE requirements/procedures are hose products are the most widely fittings. Some Type A hose, specifically contained in SAE Surface Vehicle available in the United States. 3⁄8 inch, 7⁄16 inch, and 1⁄2 inch ‘‘Special’’ Recommended Practice J1402, Nevertheless, the agency welcomes hose, may also be fitted with reusable Automotive Air Brake Hose and Hose comments on whether air brake hoses end fittings. SAE J1402’s dimensional Assemblies, Rev. June 1985 (SAE J1402). currently in use on commercial and requirements apply to all Type A hose, NHTSA proposes to update FMVSS non-commercial vehicles are designed regardless of whether they are fitted No. 106 to include performance to meet the specifications in SAE J1402. with permanent or reusable end fittings. requirements from SAE Recommended A detailed discussion of the With respect to the Type A 3⁄8-inch and Practice J1402 that are not presently differences between the air brake hose, Type A 1⁄2-inch ‘‘Special’’ hose, the contained in the standard. The agency assemblies, and end fitting performance agency notes that there are already notes that, as was the case for hydraulic requirements and test procedures in corresponding dimensions included in and vacuum brake hoses, air brake hose SAE J1402 and FMVSS No. 106 follows, Table III of FMVSS No. 106 with requirements as originally incorporated along with the agency’s proposed identical dimensions for both Type AI in Standard 106 in November of 1973 resolution of those differences. and Type AII hose. Under FMVSS No. (38 FR 31302) were based on the 106, a 1⁄2-Special or 3⁄8 brake hose can substantive requirements in SAE J1402. 1. Dimensional Requirements be labeled to include the ‘‘A,’’ ‘‘AI,’’ NHTSA tentatively concludes that FMVSS No. 106 requires that hose and/or ‘‘AII’’ designations, or any virtually all air-braked vehicles are constructed of synthetic or natural combination thereof (e.g., ‘‘AI–AII’’), as currently equipped with air brake hoses elastomeric rubber and intended for use the hose manufacturer deems that meet SAE J1402 because many of with reusable end fittings must conform appropriate. these vehicles are used in commercial to the dimensional requirements listed Although the petitioners did not operations, and therefore are subject to in Table III of paragraph S7.1, specifically request the incorporation of the current FMCSA regulations Construction. Standardized dimensional SAE J1402’s dimensional requirements requiring use of air brake hoses that requirements for hose with reusable end for Type A air brake hose into FMVSS comply with SAE J1402. While some fittings guard against the possibility that No. 106, the agency notes that it once vehicles equipped with air brake replacement hose will not properly fit considered whether to do so. In a June systems may not be operated as the end fittings. Table III lists required 28, 1974, final rule (39 FR 24012, commercial vehicles, such as heavy- inside diameter (ID) and outside Docket No. 1–5; Notice 11), the agency
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decided against including dimensional SAE J1402. NHTSA also welcomes 3. Manufacturer Identification requirements for Type A air hose in public comments on whether FMVSS While the labeling requirements in FMVSS No. 106. The agency stated that No. 106 should include dimensional FMVSS No. 106 and SAE J1402 differ the primary purpose of the dimensional requirements for metric sized hose used somewhat, both can be accommodated requirements was to prevent mismatch with reusable end fittings as Standard on a single brake hose. SAE J1402 between reusable end fittings and No. 106 currently does not provide requires each manufacturer to register replacement brake hose. At that time, requirements for such hose. Note that the identification of its yarn scheme in hose used with permanent end fittings Standard No. 106 does include accordance with SAE J1401, Appendix were generally assembled by high references to metric sizes of air brake B and to label each hose with its volume manufacturers rather than repair hose that presumably is used with manufacturer’s identification number. operations in the field. The agency did permanently-attached end fittings. Similarly, FMVSS No. 106 requires that not believe that there was a safety need 2. Construction and Labeling hose manufacturers register with to provide dimensional requirements for NHTSA and imprint their name or hose assemblies manufactured in such a Paragraphs S7.1, Construction, and symbol on subject hoses and/or fittings. manner. Accordingly, NHTSA found S7.2, Labeling, both contain references The agency does not propose to change that including dimensional to air brake hoses constructed of requirements for air brake hose used synthetic or natural elastomeric rubber FMVSS No. 106’s manufacturer with permanent end fittings would to differentiate those hose types from air identification or labeling requirements. amount to ‘‘a design restriction without brake tubing constructed from nylon 4. Constriction corresponding safety benefit.’’ (plastic), with both rubber hose and NHTSA no longer believes that only nylon tubing currently regulated as air The constriction requirements relating high-volume brake hose manufacturers brake hoses under paragraphs S7 and to air brake hose are found in paragraph are assembling air brake hoses with S8. The designation for synthetic or S7.3.1 of FMVSS No. 106. Standard No. permanently attached fittings. A review natural elastomeric rubber hoses was 106 requires that every inside diameter of brake hose manufacturers that are added to FMVSS No. 106 in a 1991 final of any section of each air brake hose registered with NHTSA indicates that rule (56 FR 7589) so that the dimensions assembly shall be not less than 66 many truck repair facilities are for hoses used with reusable fittings in percent of the nominal inside diameter registered, and the agency tentatively Table III would not apply to plastic of the hose, except for those portions of concludes that many of these facilities tubing. NHTSA proposes, as discussed end fittings that do not contain hose. may be capable of assembling brake in another section below, that plastic air SAE J1402 also requires air brake hose hoses with permanently attached end brake tubing be regulated in its own assembly to meet a 66 percent of fittings as replacement parts. NHTSA section in FMVSS No. 106 since it nominal inside diameter requirement does not know the extent to which air differs significantly in construction and but, unlike FMVSS No. 106, it does not brake hose that meets SAE J1402 material properties from elastomeric exclude the portions of end fittings not dimensional requirements for Type A rubber hoses. Therefore, NHTSA containing hose. NHTSA proposes to hose is used in such replacement proposes that any references to eliminate the exclusion in S7.3.1 for assemblies, but tentatively concludes it synthetic or natural elastomeric rubber those portions of end fittings which do is likely that most, if not all, such hose be deleted from S7 of FMVSS No. 106 not contain hose, as the agency does not already comply with SAE J1402’s since it will no longer be necessary to believe that end fittings for air brake dimensional requirements because differentiate rubber hoses from plastic hose include restrictions designed into § 393.45 requires that hoses used on tubing in S7 and S8. The proposed text the fittings, nor are there complex commercial motor vehicles comply with in this notice also removes references to shapes for end fittings as found with SAE 1402. ‘‘outside diameter (OD)’’ from S7 and S8 some hydraulic brake hoses. NHTSA NHTSA is not proposing to of FMVSS No. 106 since OD welcomes public comments on this incorporate into FMVSS No. 106 the measurements are generally only proposal. NHTSA also proposes that the dimensional requirements for rubber applicable to tubing, which NHTSA same test method proposed for testing hose used with permanently attached proposes to address in the new section hydraulic brake hoses for constriction end fittings found in Table A of SAE for plastic tubing. be specified for testing air brake hoses. J1402. In the case of 7⁄16-inch hose, NHTSA also proposes to specify in In addition, noting that the title of which is not currently listed in Table III S7.2.1(e) of FMVSS No. 106 the labeling paragraph S7.3.1 contains a of FMVSS No. 106, NHTSA proposes to scheme that is to be used for air brake typographical error, NHTSA proposes to add this hose size to the dimensional hose that meet the dimensional change the title of S7.3.1 from tables for Type I and Type II hose, requirements of more than one type of ‘‘Construction’’ to ‘‘Constriction.’’ which would have the effect that as end fitting (A, AI, or AII). The proper 5. High Temperature Resistance indicated in SAE J1402, 7⁄16-inch hose labeling of such hose has been could be used with either permanent or addressed in several of the agency’s FMVSS No. 106 includes a test in reusable fittings, as is the case for 3⁄8- legal interpretation letters and inserting which the hose is bent around a test inch and 1⁄2-inch Special hose as this language in FMVSS No. 106 would cylinder, conditioned at 212 degrees F currently included in Table III of serve to minimize confusion on this for 70 hours, then cooled and FMVSS No. 106. Hose manufacturers issue. The proposed text also states that straightened. No charring, would then be able to label 7⁄16-inch a hose intended for use with more than disintegration, or cracks are permitted. hose with a designation of ‘‘A,’’ ‘‘AI,’’ one type of end fitting may be labeled The high temperature test specifications and/or ‘‘AII,’’ as they deem appropriate. as such, but is not required to be so for air brake hose contained in SAE NHTSA welcomes public comments on labeled. This provides flexibility for J1402 are similar, but not identical, to this proposal, and also requests any hose manufacturers to determine how those in FMVSS. First, the radii of the dimensional and descriptive they intend for their hoses to be used, test cylinders specified for each hose information for other sizes of air brake and would not require them to label size are significantly smaller in SAE hose that manufacturers may be hoses for multiple end fitting J1402 than in FMVSS No. 106. Second, producing that is not covered under designations unless they so desire. unlike FMVSS No. 106, SAE J1402 does
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not include test cylinder radii using the test cylinders sized for air percent over the length of the hose. The specifications for 1⁄8-inch ID hose. brake hose, and does include internal associated test procedure, found in Third, SAE J1402 does not provide inspection of both types of hoses. paragraph S8.5, Length change test, specifications for metric sized hose. NHTSA is now proposing that the specifies that the initial length of the Instead, the SAE specification provides internal surface inspection of air brake hose be measured at a pressure of 10 only metric conversions for inch sizes of hose, as specified in SAE J1402, be psi. Coiled nylon tube may alternatively hose. Fourth, unlike FMVSS No. 106, incorporated into FMVSS No. 106. The comply with requirements in FMCSR SAE J1402 excludes hose with fabric agency does not propose, however, to 393.45 (which references J844 for nylon covering from external inspection for incorporate SAE J1402’s exclusion of air brake tubing). SAE J1402’s length cracks, stating that visual inspection is fabric-covered air brake hose from change requirements/procedures are not practical. external inspection. identical to those in FMVSS No. 106. NHTSA proposes that FMVSS No. 106 Considering that FMCSA and NHTSA 7. Oil Resistance adopt the smaller radii test cylinders are proposing to consolidate all federal from SAE J1402 and, for 1⁄8-inch and 3 Paragraphs S7.3.4, Oil resistance, and brake hose requirements/procedures mm, 4 mm, and 5 mm hose, NHTSA S8.3, Oil resistance test, of FMVSS No. into FMVSS No. 106 and because proposes that the test cylinder radius of 106 specify that specimens prepared NHTSA is proposing specific 1 inch as specified in SAE J1402 for 3⁄16- from the inner tube and outer cover of requirements/procedures for plastic air inch hose also be used for these hose the subject brake hose, when immersed brake tubing, the agency proposes to sizes. As currently indicated in Table IV in American Society of Testing and delete the option for coiled nylon tube of FMVSS No. 106, the larger metric Materials (ASTM) No. 3 oil for 70 hours to comply with FMCSR 393.45 from sizes of hose (6 mm and above) at 212 degrees F, shall not increase in Standard No. 106. Aside from deleting numerically correspond closely to inch volume by more than 100 percent. SAE this reference, the agency does not sizes of hose, for example, 6 mm (0.236 J1402 contains an identical test propose any additional changes to the inch) is very close to 1⁄4 inch (0.250 procedure. As indicated in ASTM length change requirements/procedures inch). Accordingly, NHTSA proposes to D147–98e1, Standard Test Method for in FMVSS No. 106. apply the test cylinder values from SAE Rubber Property—Effect of Liquids, J1402 to metric sizes of hose as ASTM No. 3 oil is no longer 10. Adhesion currently specified in Table IV of commercially available and has been FMVSS No. 106 requires a minimum FMVSS No. 106. As to SAE J1402’s superseded by IRM 903 oil. separation strength of 8 pounds per exclusion of fabric-covered air brake Accordingly, NHTSA proposes that all linear inch for each layer in an air brake hose from the external inspection references in S7.3.4 and S8.3 to ASTM hose, except for hose reinforced by wire. requirement, NHTSA disagrees that No. 3 oil be changed to specify IRM 903 SAE J1402 has a similar requirement for external inspection of such hose is oil. The agency does not propose any non-wire reinforced hose, and a separate impractical and, therefore, does not additional changes to FMVSS No. 106’s test procedure for wire reinforced hose, propose to incorporate SAE J1402’s oil resistance requirements/ in which a steel ball is placed inside the exclusion. specifications. hose sample, one end is capped and the other connected to a vacuum source, 6. Low Temperature Resistance 8. Ozone Resistance and the hose is bent 180 degrees around FMVSS No. 106 specifies that the FMVSS No. 106’s ozone resistance a test cylinder in one direction and then hose and test cylinder be conditioned at requirements/specifications for air brake the opposite direction. While still under minus 40 degrees F for 70 hours, hose are the same as those specified for vacuum, the hose is straightened and followed by bending the hose 180 hydraulic brake hose. Standard No. 106 the steel ball must be able to roll from degrees around the test cylinder. No specifies that air brake hose be one end of the hose to the other. NHTSA cracks may be visible on the outside conditioned in an ozone chamber for 70 proposes to incorporate the SAE J1402 cover of the hose after performing this hours at 104 degrees F while the hose adhesion test for wire-reinforced air test. The test procedure in SAE J1402 is is secured around a test cylinder. brake hose into FMVSS No. 106, with similar, including the radii of the test Because the test procedure for air brake the exception of the steel ball sizes as cylinders, except that it does not specify hose, S8.4 (Ozone resistance test), discussed below. test cylinder radii for 1⁄8 inch or 3mm specifies that the same test procedure The table of steel ball sizes for this hose. SAE J1402 also prohibits cracks on for a hydraulic brake hose ozone test procedure in SAE J1402 indicates the inside of the hose and, in this resistance test be utilized, and because that for all but the 13⁄32-inch hose sizes, respect, the SAE test is more severe than NHTSA is proposing that the ozone the ball diameter is equal to 75 percent the one specified by FMVSS No. 106. concentration for hydraulic brake hose of the nominal hose ID. For the 13⁄32- Unlike FMVSS No. 106, however, SAE be changed from 50 ppm to 100 ppm, inch hose size, the specified ball J1402 excludes the exterior surface of NHTSA proposes to specify the higher diameter is 73 percent of the nominal hoses covered with fabric from external ozone concentration (100 ppm) for air hose ID. It appears that the reason for inspection. brake hose as well. The agency this one difference is that the ball sizes The agency indicated in a February tentatively concludes it is appropriate to in the table are standard size steel balls 26, 1974 final rule (39 FR 7425, Docket specify the same concentration of ozone measured in 64ths of an inch, thus 75 No. 1–5, Notice 10) amending FMVSS for testing all types of brake hoses and percent of 13⁄32-inch is slightly larger No. 106 that it would consider welcomes public comments on this than 19⁄64-inch and 73 percent of 13⁄32 specifying inspection of the inner layer issue. equals 19⁄64-inch. The table in SAE J1402 of an air brake hose subjected to the also does not provide corresponding low-temperature resistance test at a 9. Length Change steel ball sizes for metric sized hose. future date. In addition, the agency Paragraph S7.3.6, Length change, of Accordingly, to incorporate SAE J1402’s notes that the test procedure for FMVSS No. 106 requires that air brake specifications into FMVSS No. 106, Standard No. 106, TP–106, specifies that hose, when subjected to 200 psi of air NHTSA proposes that rather than the same test procedure be used for air pressure, shall not contract more than 7 specifying steel ball diameters for each brake hose as for hydraulic brake hose, percent nor elongate more than 5 hose size, the steel ball should be
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specified as having a diameter that is 75 when air is supplied through a 1⁄16-inch need for an orifice to be included in the percent of the nominal inside diameter diameter orifice. test apparatus. of the hose. This would allow for testing The SAE J1402 specifications for hose NHTSA proposes to specify a supply of any and all sizes of hose. NHTSA leakage are more severe than those pressure of 150 psi and to further welcomes public comments on this presently in FMVSS No. 106, and specify that the pressure in the hose issue. NHTSA proposes incorporating them assembly must reach 140 psi within 2 The agency notes that it is proposing into Standard 106, with the following minutes. NHTSA notes that this is to specify use of a plug gauge rather modifications. SAE J1402 specifies that consistent with the existing than a steel ball for constriction testing upon completion of the high- requirements in FMVSS No. 106, S7.3.8 of other types of hose to which FMVSS temperature aging test, the hose Air pressure, which permits a small No. 106 applies. For the adhesion test, assembly must be flex tested within 168 amount of leakage in an air brake hose however, it would not be possible to use hours. NHTSA tentatively concludes assembly, albeit without prior a plug gauge because the hose is closed there could be variability introduced in conditioning. NHTSA welcomes off at both ends during the test. the test results if, for example, the hose comments on these proposed leakage Accordingly, NHTSA proposes to was immediately flex tested after the specifications. specify the use of a steel ball to test air high-temperature test, or if the hose 12. Burst Strength brake hose for adhesion. Finally, the were allowed to cool before being flex FMVSS No. 106 requires that an air agency proposes to update the ASTM tested. Therefore, NHTSA proposes that brake hose assembly shall not rupture tension testing machine reference in upon completion of the high- when subjected to a hydrostatic S8.9 from the 1964 version currently in temperature aging test, the hose pressure of 800 psi. SAE J1402 specifies FMVSS No. 106 to the latest revision of assembly be cooled at room temperature that a hose assembly be first subjected that standard, Standard Practices for for two hours, and the flex test then be to a 24-hour salt spray test, with no Force Verification of Testing Machines, initiated within 166 hours from that resulting corrosion other than as Designation E4–99. time. permitted by that standard, and then 11. Air Pressure (Leakage) NHTSA also proposes to modify SAE shall not burst or separate from an end FMVSS No. 106 specifies that an air J1402’s testing procedures by specifying fitting at a hydrostatic pressure of 900 brake hose assembly be subjected to a the thickness of the orifice during the psi. SAE J1402’s burst strength 200-psi pressure test. Once the target final leak check because the thickness of specifications/requirements are more pressure is reached, the hose is sealed the orifice, and not only the diameter of severe than those in FMVSS No. 106. and the pressure drop over a five- the orifice, affects the rate at which air NHTSA proposes to incorporate SAE minute period may not exceed 5 psi. can be supplied to the hose. This would J1402’s burst strength specifications/ SAE J1402 has two test procedures to be critical if a small amount of hose requirements into Standard No. 106. evaluate the leakage from air hose leakage is present during the final assemblies. In the first test, two hose leakage test. NHTSA proposes 13. Tensile Strength assemblies are tested as follows. One specifying an orifice thickness of 0.032 FMVSS No. 106 specifies that a hose hose assembly is subjected to the high inches (1⁄32-inch), which is the same assembly for use between either the temperature resistance test described thickness specified for the orifice in frame and the axle or between a towed above, and is then subjected to a 300- FMVSS No. 121 S5.3.5, Control signal and towing vehicle meet a longitudinal psi pressure test using air or nitrogen, pressure differential for converter pull test, at a 1 inch per minute force under water, with no visible leakage for dollies and trailers designed to tow application rate, and not separate from 30 seconds. The second hose assembly another vehicle equipped with air its end fittings at the following force is subjected to the low temperature brakes. NHTSA tentatively concludes levels: 250 pounds for 1⁄4 inch or less, resistance test described above, and is that this proposed orifice dimension or 6mm or less, nominal ID; 325 pounds then subjected to a 300-psi pressure test would supply air at a greater rate than for more than 1⁄4 inch or 6mm nominal using air or nitrogen, under water, with any thicker orifice while still providing ID. A hose assembly used in any other no visible leakage for 30 seconds. sufficient mechanical strength to application must withstand force levels In the second test, a flexure test is withstand the test conditions. NHTSA of: 50 pounds for 1⁄4 in or less (or 6 mm performed as follows. A test hose welcomes comments on this proposal. or less) nominal ID; 150 pounds for 3⁄8 assembly is prepared to the length With respect to the amount of leakage inch, 1⁄2 inch, or 10 mm to 12 mm, shown in Figure 2 of that standard. The that is permitted after the flex test is nominal ID; and 325 pounds if the hose hose is preconditioned by exposure to a conducted, SAE J1402 is not absolutely assembly is larger than 1⁄2 inch (or 12 salt spray for 24 hours with the ends specific. SAE J1402 defines failure as mm) nominal ID. A coiled nylon tube sealed, followed by high-temperature the hose’s inability to be repressurized assembly can either meet these aging at 212 degrees F for 70 hours with to 150-psi ±10 psi, supplied through the requirements or, alternatively, can meet the ends open and, within 168 hours of 0.062-inch orifice, within 2 minutes. the requirements in FMCSR § 393.45. completion of the preconditioning, the SAE J1402 specifies that the supply air The distinction between a brake hose hose is subjected to the flex test. The pressure to the orifice is 150 psi ±10 psi. used between a frame and axle or hose is mounted on the flex test fixture Accordingly, a hose supplied with up to between a towed and towing unit, and as described in Figure 2, with the hose 160-psi supply air pressure and hose used for other purposes, was added being subjected to a 6-inch stroke while resulting in 140-psi pressure in the hose to Standard No. 106 on February 26, the air pressure in the hose is cycled assembly could conceivably be 1974 (39 FR 7425), in response to between 0 psi for one minute and 150 construed as passing the test. On the petitions for reconsideration of certain psi for one minute. With the flexure other hand, the specifications could be brake hose requirements. This machine stroking at 100 cycles per construed as permitting no leakage, that distinction was introduced in response minute, the hose is subjected to 1 the pressure in the hose assembly must to the inclusion of plastic tubing as an million stroke cycles. Upon completion equal the supply pressure, within a air brake hose, and permitted lower of the 1 million cycles, the hose must be range of 140 psi to 160 psi. If that were tensile strength requirements for plastic capable of maintaining 150-psi ±10 psi the case, however, there would be no tubing used in chassis applications.
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Because the agency is now proposing 14. Water Absorption and Tensile requirements discussed above. NHTSA separate requirements for plastic tubing Strength also proposes to delete the reference to in a new section of FMVSS No. 106, FMVSS No. 106 specifies that a hose FMCSR § 393.45 in S7.3.11. NHTSA proposes to delete the lower assembly be immersed in distilled water 15. Zinc Chloride Resistance tensile strength limits for hose that are for 70 hours at room temperature and, used for purposes other than within 30 minutes of being removed Paragraph S7.3.12, Zinc chloride connections between a frame and axle from the water, be subjected to the resistance, of FMVSS No. 106 requires or between a towed and towing unit. tensile strength test and requirements that a hose assembly be immersed in a The agency proposes that all rubber described above. A coiled nylon tube 50 percent zinc chloride aqueous solution for 200 hours, with no visible brake hose meet the requirements for assembly can either meet these cracks permitted when viewed with 7 hose that is used between a frame and specifications/requirements or, alternatively, the requirements in power magnification. SAE J1402 does axle or between a towed and towing FMCSR § 393.45. not include a similar requirement. unit. NHTSA tentatively concludes that SAE J1402 specifies bending a hose NHTSA does not propose any changes rubber hoses are no longer used assembly around a test cylinder and, in Standard No. 106’s zinc chloride extensively for other purposes on heavy with its ends capped, immersed in tap resistance requirements. vehicles, as plastic tubing is used for water at room temperature for 168 most chassis plumbing of air systems. hours. Following this, the hose 16. End Fitting Corrosion Resistance An example of a chassis plumbing use assembly is subjected to a tensile pull FMVSS No. 106 requires that air brake for rubber hose is to connect an air dryer test, with the following force levels hose end fittings meet the same to the wet tank, although here again specified to be achieved without requirements as those specified for many vehicles use plastic tubing in this separation or rupture: 250 pounds for hydraulic brake hose end fittings. As is application. NHTSA tentatively hose of 1⁄4 inch, or 6.4 mm, or less, the case for hydraulic brake hoses per concludes that these rubber hoses are of nominal ID; 325 pounds for hose larger SAE J1401, SAE J1402 references the 1 sufficient diameter to have the than ⁄4 inch or 6.4 mm. Thus, the ASTM B117 Method of Salt Spray (Fog) mechanical strength to meet the higher, tensile strength required in SAE J1402 is Testing while FMVSS No. 106 frame-to-axle tensile strength similar to that in FMVSS No. 106 for a references ASTM B117–64. Unlike SAE requirements. These requirements are hose used between a frame and axle, or J1401, SAE J1402 does not exclude brass similar to the ones originally proposed between a towed and towing vehicle. end fittings from this requirement. for FMVSS No. 106 prior to the SAE J1402 does not, however, include While SAE J1402 does not specify the lower tensile strength values for hoses accommodation of plastic tubing attitude of the brake hose assembly in that are used between components that strength requirements. In addition, these the chamber, FMVSS No. 106 specifies do not experience substantial relative a 30-degree from vertical angle. Because tensile strength requirements are motion and it also does not address currently specified in SAE J1402, which FMVSS No. 106’s end fitting corrosion plastic tubing. resistance requirements appear to be does not distinguish based on the Although the SAE J1402 test specifies more rigorous, NHTSA does not propose application of the hose and includes the a longer water conditioning period than any changes to these requirements. higher force specification. SAE J1402 FMVSS No. 106, which would make does not specify a stand-alone tensile those specifications more severe, 17. Minimum Bend Radius strength test, but does specify a water FMVSS No. 106 specifies that the ends absorption test followed by a tensile of the hose assembly be left open SAE J1402 specifies minimum bend strength test, described below. NHTSA thereby exposing the inside of the hose radius requirements for hose as installed welcomes comments on the proposed to water. SAE J1402 also specifies that on a vehicle. NHTSA tentatively tensile strength requirements and tap water rather than distilled water (as concludes it would not be appropriate to add these requirements to FMVSS information on any alternate tensile specified in FMVSS No. 106) be used in No. 106 because FMVSS No. 106 strength requirements that might be this test, which could introduce regulates the properties of brake hoses appropriate for rubber hose. variability in test results depending on compounds that are in the tap water at as stand-alone motor vehicle equipment NHTSA also proposes to delete the any particular location. On balance, it rather than use requirements. reference to FMCSR § 393.45 in would be difficult to state which test The table below summarizes the paragraph S7.3.10 because NHTSA is condition is more severe, but NHTSA differences between the air brake hose proposing to incorporate into FMVSS proposes that the current requirements requirements/procedures of FMVSS No. No. 106 many of the SAE requirements in paragraph S7.3.11, Water absorption 106 and SAE J1402 and indicates which referenced in § 393.45 for plastic air and tensile strength, be retained, except requirements/procedures NHTSA brake tubing. as modified by proposed changes to the proposes incorporating into the stand-alone tensile strength standard.
TABLE 2.—COMPARISON OF AIR BRAKE HOSE REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J1402
Requirement/procedure Existing FMVSS No. 106 SAE J1402
Air Brake Hoses ‘‘x’’ Indicates Requirements/Procedures Proposed To Be Included in FMVSS No. 106
Dimensional Specifications ...... x Similar, does not include Type A hose ...... Similar, but includes Type A hose. Constriction ...... x Similar, includes end fittings ...... Similar but does not include end fittings. High Temperature Resistance ...... Similar, but larger test cylinder radii ...... x Similar, but smaller test cylinder radii.
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TABLE 2.—COMPARISON OF AIR BRAKE HOSE REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J1402— Continued
Requirement/procedure Existing FMVSS No. 106 SAE J1402
Low Temperature Resistance ...... 1 Similar, excludes interior of hose from in- 1 Similar, requires internal inspection, ex- spection. cludes fabric covered hose exterior in- spection. Oil Resistance ...... x Same ...... Same. Length Change...... x Same; coiled nylon can meet FMCSR Same. § 393.45. Adhesion ...... Same except for wire reinforced hose ...... x Same but includes specific test for wire re- inforced hose. Air Pressure (Leakage) ...... 200 psi leak test ...... x More test specifications including dynamic flex test. Burst Strength ...... 800 psi hydrostatic test ...... x Salt spray test followed by 900 psi hydro- static test. Tensile Strength ...... x Specifies longitudinal pull test ...... No corresponding, stand-alone test. Speci- fications are in Water Absorption test. Water Absorption and Tensile Strength ...... x 70 hour water immersion followed by pull 168 hour water immersion followed by pull test; coiled. test. Tensile Strength ...... Nylon can meet FMCSR 393.45 ...... Followed by pull test. Zinc Chloride Resistance ...... x 200 hour immersion in zinc chloride ...... No corresponding test. End Fitting Corrosion Resistance...... x Similar, specifies angle of hose in test Similar, does not specify angle of hose in chamber. test chamber. Ozone Test ...... No ozone test ...... 2 Hose bent around test cylinder exposed to 50 ppm ozone for 70 hours. Minimum Bend Radius ...... None ...... 3 Specifies minimum bend radii for hose as installed on a vehicle. Note 1: for low temperature resistance, use the most severe requirements from each standard. Note 2: propose J1402 test, except with 100-ppm ozone concentration. Note 3: would not be appropriate for FMVSS No. 106.
C. Vacuum Brake Hoses industry has adopted over the past 20 hose assembly is required, by S9.2.1, to NHTSA’s performance requirements years. be at least 70 percent of the hose’s and test procedures relating to vacuum The petitioners requested that the nominal inside diameter. FMVSS No. brake hoses are located in paragraph requirements of SAE J1403 be added to 106 excludes from these performance S9., Requirements—Vacuum brake FMVSS No. 106 to upgrade the requirements those portions of the hose, brake hose assemblies, and brake performance requirements for vacuum hose’s end fittings that do not contain hose end fittings, and paragraph S10., brake hose. The use of vacuum brake hose. Constriction testing, as outlined in Test procedures—Vacuum brake hose, hose in automotive applications is Testing Procedure 106–08 (TP–106–08), brake hose assemblies, and brake hose generally for the vacuum hose is performed using plug gauges with end fittings, of FMVSS No. 106. The connecting the power brake booster to diameters as specified in TP–106–08. corresponding SAE requirements are the engine manifold, and although there SAE J1403 does not contain a contained in SAE Highway Vehicle may be other applications for vacuum corresponding set of constriction test Standard J1403, Vacuum Brake Hose, brake hose, the agency tentatively requirements/procedures. Accordingly, Rev. July 1989. concludes that vacuum-operated NHTSA does not propose any changes When requirements for vacuum brake braking systems are no longer being to Standard No. 106’s constriction hoses were originally added to FMVSS used in the U.S. Although the use of this requirements/procedures for vacuum No. 106 in November of 1973 (38 FR type of brake hose may be far more brake hose. NHTSA does seek public 31302), the substantive requirements of limited than it was 40 or 50 years ago, comments, however, on whether to SAE J1403 were adopted. NHTSA NHTSA tentatively concludes that continue to exclude those portions of proposes to update FMVSS No. 106 to upgrading the requirements for vacuum end fittings that do not contain hose include performance requirements from brake hose is still warranted given that from the standard’s constriction the most recent version of SAE J1403 use of such hose is still widespread. requirements. A detailed discussion of the that are not presently contained in the 2. High Temperature Resistance standard. differences between the vacuum brake Again, as with hydraulic brake hoses, hose performance requirements and test Paragraph S9.2.2, High temperature the agency tentatively concludes that procedures in SAE J1403 and FMVSS resistance, of FMVSS No. 106 specifies many light vehicle manufacturers No. 106 follows, along with the agency’s bending a length of hose around a already voluntarily equip their vehicles proposed resolution of those cylinder of specified diameter and with vacuum hoses that meet the differences. exposing it to air at a temperature of 212 current version of SAE J1403. degrees F for 70 hours. After Accordingly, NHTSA proposes applying 1. Constriction conditioning the hose in this manner, the SAE specifications to all types of Paragraph S9.2.1, Constriction, of Standard No. 106 specifies that the hose vacuum hoses and not just those used FMVSS No. 106 requires the inside be straightened and cut longitudinally on commercial vehicles. The proposed diameter of a heavy duty vacuum hose and visually inspected. No visible amendments to FMVSS No. 106 assembly to be at least 75 percent of the cracking, charring, or disintegration on represent incrementally more severe hose’s nominal inside diameter. The the exterior or interior of the hose is performance requirements that the inside diameter of a light duty vacuum permitted.
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SAE J1403 has a different test magnification, must reveal no visible set of requirements/procedures is more procedure in which a straight length of cracks. The ozone resistance stringent than the other. Accordingly, hose is subjected to a vacuum and specifications in SAE J1403 are similar NHTSA does not propose any changes conditioned at 257 degrees F for 96 but SAE J1403 specifies an ozone to the bending requirements/procedures hours. After temperature conditioning, concentration of 100 ppm rather than 50 in FMVSS No. 106. The agency does the hose is cooled and bent around a ppm. The agency tentatively concludes propose, however, to incorporate SAE test cylinder, then visibly inspected for it is appropriate to update the ozone J1403’s exclusion of preformed hose and degradation. The hose is then subjected resistance specifications for vacuum welcomes public comments on this to a proof pressure test of 175 psi for brake hose, as it proposes to do for other issue. one minute. Required performance types of brake hoses. Accordingly, measures include: not more than 10 NHTSA proposes to incorporate SAE 8. Swell (Fuel Resistance) percent collapse of the outside diameter J1403’s 100-ppm ozone concentration FMVSS No. 106 specifies that a brake (OD) for heavy-wall hose and not more specification into FMVSS No. 106. hose specimen be filled with ASTM than 15 percent collapse of the OD for 5. Burst Strength Reference Fuel A and conditioned for 48 light-wall hose after the hot aging test; hours, after which the inside diameter no visible internal or external The burst strength requirements in (ID) of the hose is required to be at least embrittlement or degradation; and no FMVSS No. 106 and SAE J1403 are 75 percent of nominal ID for heavy-duty leakage during the high-pressure test. nearly identical. Both standards specify hose and 70 percent of nominal ID for While FMVSS No. 106 specifies test a hydrostatic burst test at 350 psi with light-duty hose. Standard No. 106 cylinder radii for given sizes of hose no hose rupturing allowed under specifies use of a plug gauge to measure (Table V), SAE J1403 simply specifies a FMVSS No. 106 and no leakage or the hose’s inside diameter. Following test cylinder that is five times the OD of bursting allowed under SAE J1403. the swell test, FMVSS No. 106 specifies the hose. These test cylinder Given the similarities in the two subjecting the hose to 26 inches of Hg dimensions cannot be compared based standards, NHTSA does not propose any for ten minutes. The hose must then be on information in the standards because changes to the vacuum brake hose burst examined to determine that no leakage FMVSS No. 106 does not indicate the strength requirements/procedures in or separation of the inner tube from the OD of the hose. FMVSS No. 106. fabric reinforcement of the hose has Nevertheless, the high temperature 6. Vacuum Deformation occurred. resistance requirements in SAE J1403 appear to be more rigorous than those in Paragraph S9.2.6, Vacuum, of FMVSS SAE J1403’s swell test requirements/ FMVSS No. 106 given that standard’s No. 106 requires that a vacuum brake procedures are similar, but not post-test dimensional and burst test hose, when subjected to 26 inches of Hg. identical. First, SAE J1403 specifies use specifications. Accordingly, NHTSA for 5 minutes, not collapse more than of Reference Fuel B rather than 1 Reference Fuel A. Second, SAE J1403 proposes to incorporate SAE J1403’s ⁄16-inch as measured on the hose’s high temperature resistance outside diameter. SAE J1403 does not specifies that the hose’s inside diameter requirements/specifications for vacuum contain a corresponding, stand-alone be measured with a drop ball rather brake hose into FMVSS No. 106. test specification, although the collapse than a plug gauge. Third, SAE J1403 of hose as a percentage of OD is specifies a 10-minute vacuum test, 3. Low Temperature Resistance measured after performing the high followed by a layer adhesion test with Paragraph S9.2.3, Low temperature temperature vacuum aging test an 8 pounds-per-inch minimum resistance, of FMVSS No. 106 specifies described above. NHTSA does not separation specification. In contrast, conditioning vacuum brake hose, in a propose any changes to the vacuum FMVSS No. 106 specifies that the hose straight configuration, at minus 40 deformation requirements/procedures in show no leakage or separation of the degrees F for 70 hours and then, while FMVSS No. 106. inner tube from the fabric reinforcement still cold, bending the hose 180 degrees of the hose while the 10-minute vacuum 7. Bend Test around a test cylinder with a radius test is being performed. specified in Table V. After performing FMVSS No. 106 requires that a With respect to the difference in this test, S9.2.3 specifies visual specified length of hose be bent until specified fuels, as described in ASTM inspection of the hose. No visible cracks the ends are touching, with a maximum D471–98e1, Standard Test Method for on the hose are permitted. SAE J1403 permissible outside diameter (OD) Rubber Property—Effect of Liquids, has similar provisions, except that after collapse specified in fractional inches. Reference Fuel A is composed of 100 the cold bending test is performed, SAE SAE J1403 has a similar requirement, percent isooctane and Reference Fuel B J1403 specifies subjecting the hose to a although the maximum permissible is composed of 70 percent isooctane and 175-psi pressure test at room collapse is specified as a percentage of 30 percent toluene by volume. Note 2 in temperature with no leakage permitted. the un-bent OD (e.g., 20 percent, 30 the test method states that: SAE J1403’s low temperature resistance percent). It is difficult to compare the The ASTM reference fuels in Table 3 have requirements are more rigorous due to two requirements/procedures because been selected to provide the maximum and the addition of this pressure test. the values presented in Standard No. minimum swelling effects produced by Accordingly, NHTSA proposes to 106 are not expressed in terms of OD commercial gasolines. Reference Fuel A has incorporate SAE J1403’s pressure test measurement and, therefore, a a mild action on rubber vulcanizates and procedure into FMVSS No. 106. percentage calculation cannot be made. produces results of the same order as low One difference between the two swelling gasolines of the highly paraffinic, 4. Ozone Resistance standards is that SAE J1403 excludes straight run type. Reference Fuels B, C Paragraph S9.2.4, Ozone resistance, of preformed hoses molded to fit specific [isooctance 50 percent, toluene 50 percent], and D [isooctane 60 percent, toluene 40 FMVSS No. 106 specifies subjecting applications in which no significant percent] simulate the swelling behaviour of vacuum brake hose to an ozone additional bending occurs when the the majority of commercial gasolines, with concentration of 50 ppm for 70 hours. hose is installed on a vehicle. Based on Reference Fuel C producing the highest After performing the test, the hose, the information provided in each swelling which is typical of highly aromatic when visually inspected under 7 power standard, it does not appear that either premium grades of automotive gasoline.
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NHTSA proposes that Reference Fuel conditioning using Reference Fuel B to combine the adhesion test with the B as specified in SAE J1403 be used for and the constriction test, each vacuum swell test, however, the agency proposes the swell test in FMVSS No. 106. While hose would be subjected to a vacuum of to delete the stand-alone adhesion test this fuel would increase the severity of 26 inches of Hg for ten minutes, with no specifications for vacuum brake hose the test, it would not be so severe as visible collapse or leakage of the hose from FMVSS No. 106. using one of the other reference fuels permitted (as currently specified by that contain higher concentrations of FMVSS No. 106). Then, for hoses 10. Deformation toluene, nor as severe as some of the constructed of two layers or more, a Paragraph S9.2.10, Deformation, of other reference fuels that represent layer adhesion test would be conducted FMVSS No. 106 specifies testing short ethanol or methanol blends of gasoline with a specified performance of 8 lengths of hose by compressing (gasohol). pounds-per-inch minimum separation (flattening or collapsing) the hose to a With respect to the difference in force (as specified by SAE J1403). specified dimension and then releasing measuring instruments used to NHTSA proposes that this adhesion test the compression force. After five cycles, determine the hose’s inside diameter, only be applied to multi-layer hoses for the minimum outside diameter (OD) of NHTSA favors use of a plug gauge two reasons. First, the agency the hose must be at least a specified because plug gauges are somewhat less tentatively concludes that single layer percentage of the original OD. SAE susceptible to friction than steel drop- hose cannot be tested easily. Second, J1403 does not contain a similar set of balls. Accordingly, NHTSA proposes NHTSA tentatively concludes that deformation testing specifications. that the plug gauge method be kept in single layer hose that have lost NHTSA does not propose any changes place in TP–106 for swell testing of mechanical integrity would not be able to the vacuum brake hose deformation vacuum brake hoses, but welcomes to pass the visual collapse or no leakage requirements/specifications in FMVSS comments on the merits of each specification during the vacuum test No. 106. constriction test procedure as it applies and, as such, failure would already be to vacuum brake hose. detected prior to completion of the 11. End Fitting Corrosion Resistance Regarding the differences in adhesion vacuum test. Paragraph S9.2.11, End fitting testing between the NHTSA and SAE In addition to the foregoing changes to corrosion resistance, of FMVSS No. 106 standards during or after the vacuum FMVSS No. 106’s swell test requires that vacuum brake hose end test, NHTSA tentatively concludes that requirements/procedures, NHTSA also fittings show no surface base metal each standard has its benefits and proposes to update the ASTM test corrosion after being exposed to salt drawbacks. While the visual check for procedure referenced in S10.7 for the spray for 24 hours. Standard No. 106 hose collapse in FMVSS No. 106 is valid swell test to the current revision, D471– provides an exception for that portion of for cases in which the entire hose 98e1. integrity has been compromised during the end fitting where crimping or the the fuel soak, it is not clear that this 9. Adhesion application of labeling information has visual check would be able to detect FMVSS No. 106 requires that vacuum caused displacement of the end fitting’s separation of multi-layer hose materials brake hose, other than wire-reinforced protective coating. SAE J1403 does not if collapse occurs only on the inside hose, have a minimum layer separation contain any corresponding tube or layer. On the other hand, the strength of 8 pounds per inch. There are requirements. NHTSA does not propose SAE J1403 layer adhesion test does not no specifications for wire-reinforced any changes to Standard No. 106’s end include a specification that the hose not hose. There is a similar, 8-pound-per- fitting corrosion resistance visibly collapse during the vacuum test. inch adhesion requirement in SAE requirements. Visible collapse of the hose during the J1403, although the SAE standard The table below summarizes the vacuum test indicates a loss of hose specifically identifies the layers as ‘‘the differences between the vacuum brake integrity, even if the hose layers remain tube from the plies’’ and ‘‘the cover hose requirements/procedures of well bonded. from the plies.’’ NHTSA tentatively FMVSS No. 106 and SAE J1403 and NHTSA proposes that the concludes that there are no substantial indicates which requirements/ specifications of these two standards be differences between these two procedures NHTSA proposes combined as follows. Following the fuel standards. Because NHTSA is proposing incorporating into the standard.
TABLE 3.—COMPARISON OF VACUUM BRAKE HOSE REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J1403
Requirement/Procedure Existing FMVSS No. 106 SAE J1403
Vacuum Brake Hoses ‘‘x’’ Indicates Requirements/Procedures Proposed To Be Included in FMVSS No. 106
Constriction Test ...... x Specifications for constriction at end fittings No corresponding specifications High Temperature Resistance ...... Hose bent and exposed to elevated tem- x High temperature conditioning, bend test, perature, less severe than J1403. pressure test Low Temperature Resistance ...... Similar, but does not include pressure test x Similar, but also specifies 175 psi pressure test Ozone Resistance ...... Similar, 50 ppm ozone concentration ...... x Similar, 100 ppm ozone concentration Burst Strength ...... x Same ...... Same Vacuum Deformation ...... x Limit 1/16 in. collapse of hose OD under No corresponding, stand-alone specifica- vacuum. tion; high temperature test has specifica- tions Bend Test ...... x Similar test, different measurement ...... Similar test, different measurement Swell (Fuel Resistance) ...... 1 Similar test, Reference Fuel A, no collapse 1 Similar test, Reference Fuel B, layer adhe- or leakage permitted. sion test specified Adhesion ...... Similar, but is a stand-alone test ...... x Similar, but is conducted after swell test fuel soak
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TABLE 3.—COMPARISON OF VACUUM BRAKE HOSE REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J1403— Continued
Requirement/Procedure Existing FMVSS No. 106 SAE J1403
Deformation ...... x Compression test ...... No corresponding test End Fitting Corrosion Resistance hose end x Same as for hydraulic brake hose end fit- No corresponding test fittings. tings. Note 1: NHTSA proposes performing layer adhesion test once vacuum hose has been conditioned during swell test. NHTSA considers a stand-alone adhesion test unnecessary.
The agency notes that plastic vacuum requirements currently in Standard No. Standard J1131, Performance brake tubing is being used in automotive 106 will not adequately ensure the Requirements for SAE J844 Nonmetallic applications, as it has been requested to continued safe performance of plastic Tubing and Fitting Assemblies Used in issue legal interpretations on the air brake tubing. Automotive Air Brake Systems, contains application of requirements in Standard NHTSA proposes that the substantive performance requirements for plastic air No. 106 to this type of material. This requirements/procedures in SAE J844 be brake tubing assemblies and end may lead to a situation similar to that incorporated into FMVSS No. 106, fittings. for air brake hose, for which both rubber including dimensional specifications, The requirements in S7 of FMVSS No. hose and plastic tubing are widely used classifications, burst test, moisture 106 were developed for rubber air brake and the agency is now proposing to absorption test, ultraviolet resistance hose that is sized according to internal create separate requirements for each test, cold temperature flexibility test, diameter (ID). Paragraph S7 contains type of hose. The agency is not aware heat aging test, resistance to zinc few references to plastic/nylon tubing of an SAE or other industry standard for chloride and methyl alcohol tests, that, unlike rubber air brake hose, is plastic vacuum brake hose and therefore boiling water stabilization and burst sized according to outside diameter is not currently proposing any separate tests, cold temperature impact test, (OD) and is a significantly different requirements for this material. If a collapse resistance test, and hot tensile product than rubber hose. Plastic tubing suitable industry standard is developed strength test. NHTSA proposes that two is generally manufactured from nylon for plastic vacuum brake tubing, the performance requirements currently in but the generic term plastic is used in agency may consider adopting those Standard No. 106 for air brake hoses, this notice to account for other types of requirements into Standard No. 106 as ozone resistance and oil resistance, plastic that may be used for this appropriate, as part of a future continue to be required for plastic application. As previously discussed, rulemaking activity. tubing. However, for the oil resistance the applicability of Table III in Standard test, NHTSA proposes a new test 106 was amended so that it would only D. Plastic Air Brake Tubing procedure consisting of oil conditioning be applicable to brake hoses made from NHTSA’s performance requirements followed by a burst test, rather than the synthetic or natural elastomeric rubber, and test procedures relating to plastic volumetric expansion specification thus there are no dimensional air brake tubing are located in paragraph currently in Standard No. 106, as a test requirements for plastic tubing in S7., Requirements—Air brake hose, condition more appropriate for plastic FMVSS No. 106. NHTSA proposes that brake hose assemblies, and brake hose tubing. new dimensional requirements for end fittings, and paragraph S8., Test The agency also proposes plastic air brake tubing be included in procedures—Air brake hose, brake hose incorporating the classifications and Standard No. 106 based on the assemblies, and brake hose end fittings. dimensional specifications from SAE dimensions currently used in SAE J844 The corresponding SAE requirements/ Surface Vehicle Standard J1394, Metric (inch units) and SAE J1394 (metric procedures are contained in SAE Nonmetallic Air Brake System Tubing, units). Surface Vehicle Standard J844, Rev. April 1991, into FMVSS No. 106. Non-coiled plastic tubing is used for Nonmetallic Air Brake System Tubing, Although not referenced by the air system plumbing to connect Rev. June 1988 (SAE J844). petitioners, this standard contains components that maintain a basically Standard No. 106’s requirements for requirements for plastic air brake tubing fixed relationship during vehicle plastic air brake tubing are the same as manufactured in metric sizes. NHTSA operation. Coiled plastic tubing is those for rubber air brake tubing. tentatively concludes that it is generally used in flexible connections NHTSA tentatively concludes that appropriate to include requirements for such as between a tractor and a semi- FMVSS No. 106 does not adequately both metric and inch sizes of plastic air trailer. By coiling a long length of address the performance requirements brake tubing. relatively stiff plastic tubing, a flexible for plastic air brake tubing because of Plastic air brake tubing is typically coiled arrangement is obtained. Non- the significant difference in the sold separately from the end fittings and coiled tubing differs from conventional materials, construction, and end fittings therefore it is generally not sold or rubber hose in that it would not be used of plastic air brake tubing compared supplied as an air brake hose assembly, between components that experience with rubber air brake hose. The agency with the exception of coiled hoses used relative motion, although it would still tentatively concludes that due to the between tractors and trailers which are be subjected to vibration and other current requirements in the FMCSRs, often pre-assembled using permanently- loads. plastic air brake tubing as widely used attached end fittings. In light of this, the on air-braked vehicles has been, up SAE has developed separate standards 1. Classification until this time, compliant with SAE for plastic air brake tubing and plastic FMVSS No. 106 references Type I and J844. Therefore, if SAE J844 compliance air brake tubing assemblies and end Type II air brake hose and reusable end is no longer required by the FMCSRs, as fittings. SAE J844 contains performance fittings which are required to be labeled has been proposed by the FHWA, then requirements for plastic air brake as either ‘‘AI’’ or ‘‘AII.’’ SAE J844 and the potential exists that the tubing, while SAE Surface Vehicle SAE J1394 classify plastic tubing as ‘‘A’’
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for smaller diameter, non-reinforced meet the standard. NHTSA tentatively test. NHTSA proposes incorporating the tubing made from one layer of material, concludes that plastic air brake tubing moisture absorption specification from or ‘‘B’’ for larger diameter tubing made manufacturers will continue to perform SAE J844 into FMVSS No. 106. from two layers of material with a quality control tests on their products, 6. Ultraviolet Resistance reinforcement braid located at the layer but that such requirements should not interface. Tubing is sized by the be included in FMVSS No. 106. SAE J844 specifies that the tubing be nominal OD of the tubing either in placed in a Q-Panel QUV test apparatus 4. Burst Test fractions of an inch or in millimeters. equipped with Philips Type UVS–340 These designations are appropriate for SAE J844 specifies that tubing be bulbs. If the test apparatus is equipped plastic tubing but FMVSS No. 106 does stabilized at 75 degrees F for a period with a ‘‘Solar Eye,’’ the bulbs need not not currently contain any references to of 30 minutes to 3 hours. Pressure (of an be rotated and the irradiance should be Type A and B tubing or any unidentified medium, assumed to be set at 0.85; however, all bulbs should be dimensional requirements for plastic air) in the tube is increased at a constant discarded after 4800 hours maximum or tubing. rate to reach a specified minimum burst if they fall below the 0.85 irradiance It should be noted that FMCSR pressure (specified in Table 2) within a level, whichever occurs first. If the test § 393.45(b)(ii) specifies that, for plastic time period of 3 to 15 seconds. The apparatus is not equipped with a ‘‘Solar tubing used on commercial motor tubing must sustain the specified Eye,’’ the bulbs must be rotated every vehicles, the reference to SAE J844 only pressure without bursting. FMVSS No. 400 hours maximum, per the apparatus includes Type B tubing. NHTSA 106 specifies using water as the test manufacturer and ASTM G 53. Bulbs proposes to update FMVSS No. 106 to media, with a pressure increase rate of used in such an apparatus must be include requirements for both Types A approximately 1,000 psi per minute, to discarded after 1600 hours of use. and B plastic tubing. a pressure of 800 psi. The specified The samples are placed in the sample pressures in Table 2 of SAE J844 range racks of the test apparatus and are 2. Dimensions and Tolerances from 1000 to 1200 psi for Type A tubing exposed for 300 hours at a temperature SAE J844 includes a table (Table 1) and 800 psi to 1400 psi for Type B of 113 degrees F, with the surface of the that prescribes, for each nominal size of tubing (each size of tubing has one specimen mounting plate located no tubing, the ID, OD, minimum wall specific burst pressure). Therefore, the more than 2 inches from the bulbs. The thickness, and tolerances on the ID and pressure requirements in SAE J844 are samples are rotated according to ASTM OD. There are no corresponding equal to or higher than those in FMVSS D 4329 except the rotation is each 96 dimensions in FMVSS No. 106. These No. 106. While the performance hours rather than weekly. No humidity dimensions are safety-critical because differences of the different test media other than ambient is introduced. they ensure that the tubing is have not been measured, it would Immediately after the samples are compatible with the fittings designed for appear that using air would be more removed from the ultraviolet light test that tubing. Incompatibility between appropriate for air brake tubing than apparatus, they are subjected to an tubing and end fittings can, among other using water. NHTSA welcomes impact test using a device depicted in things, cause the inside diameter of the comments on the use of air versus water Figure 1 of SAE J844. The tubing tubing to collapse. NHTSA agrees with as the test medium. samples are then cooled to 75 degrees F the petitioners that, if there are no In NHTSA’ judgment, the greater and subjected to a burst test, with a requirements for these dimensions, pressure requirements in SAE J844 are minimum burst pressure that is at least there is the possibility that tubing of more rigorous than existing 80 percent of the value assigned to the improper dimensions could pull out of requirements in FMVSS No. 106. tubing based on the tubing’s outside the end fittings or otherwise NHTSA proposes changing the burst diameter as indicated in Figure 2 of SAE prematurely fail at the connections, leak strength requirements in FMVSS No. J844. because of improper sealing due to 106 to the higher values in SAE J844, NHTSA notes that in November 1973 dimensional incompatibility with and specifying air as the test medium (38 FR 31302), NHTSA deleted the fittings, or loosen due to thermal rather than water. NHTSA proposes that ultraviolet light resistance tests for air expansion and contraction. the pressure in the tubing be increased brake hoses in Standard No. 106, stating Accordingly, NHTSA proposes to in a period of 5 seconds because using that sufficient data had not been incorporate into Standard No. 106 the the range of 3 to 15 seconds in SAE J844 generated to support a minimum dimension and tolerance requirements would specify testing at both 3 and 15 performance requirement. However, contained in SAE J844. seconds and therefore would be too NHTSA tentatively concludes that the broad of a specification for use in plastic material used in nylon air brake 3. One Hundred Percent Leak Test FMVSS No. 106. NHTSA welcomes tubing is significantly different from the SAE J844 requires tubing comments on the use of air versus water materials used in rubber air brake hoses, manufacturers to subject all air brake as the test medium. and that plastic is susceptible to tubing to a 200-psi leak test. The deterioration that can cause specific testing methods, including test 5. Moisture Absorption embrittlement due to exposure to media, rate of application, and required SAE J844 specifies that a tubing ultraviolet light. NHTSA also notes that performance measures, are not specified specimen be conditioned for 24 hours at air brake tubing is installed on heavy in SAE J844 and are, therefore, 230 degrees F, immediately weighed, vehicles in locations that are exposed to determined by the tubing manufacturer. and then subjected to 100 percent naturally-occurring ultraviolet light. FMVSS No. 106 does not address the relative humidity for 100 hours at 75 Therefore, NHTSA proposes to quality control methods that hose degrees F. Within five minutes of incorporate SAE J844’s ultraviolet manufacturers use to ensure that all removal from the humidity chamber, resistance test into FMVSS No. 106, hoses installed on motor vehicles will surface moisture is wiped from all although the agency proposes to meet the standard. Rather, the surfaces of the tubing and the tubing is reference the apparatus specified in manufacturers of such components are weighed. The moisture absorption shall ASTM G154–00, Standard Practice for required to certify compliance, and each not exceed 2 percent by weight. FMVSS Operating Fluorescent Light Apparatus brake hose or assembly is required to No. 106 does not have a corresponding for UV Exposure of Nonmetallic
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Materials, rather than the one specified substituting it for the current test in After removal from the solution, the in ASTM G53 because ASTM G154–00 FMVSS No. 106. NHTSA tentatively tubing must show no evidence of is an updated version of ASTM G53. concludes that the time period of 4 to cracking on the outside diameter. NHTSA also proposes to reference two 8 seconds to accomplish the bending of FMVSS No. 106 specifies that a hose additional ASTM standards: ASTM the tubing is appropriate for this test assembly be immersed in a 50 percent D4329–99, Standard Practice for because the bending is done by hand zinc chloride aqueous solution for 200 Fluorescent UV Exposure of Plastics, and is therefore subject to some hours, with no visible cracks permitted which is currently referenced in SAE variability. Specifying the 4 to 8 second when viewed with 7-power J844, and ASTM G151–97, Standard time period will preclude the need for magnification. SAE J844’s zinc chloride Practice for Exposing Nonmetallic specialized bending apparatus that can test procedures are more rigorous due to Materials in Accelerated Test Devices meet a specific timing specification. the bending of the tubing during the that Use Laboratory Light Sources, 8. Heat Aging conditioning. Accordingly, NHTSA which is not currently referenced in proposes to incorporate the zinc SAE J844, but may provide useful SAE J844 includes three different heat chloride resistance performance guidance for conducting UV testing. aging tests, which specify use of three requirements and test procedures from separate samples of the same tubing. A SAE J844 into FMVSS No. 106. 7. Cold Temperature Flexibility tubing sample is subjected to one of the SAE J844 specifies tubing to be aging tests described below, then 10. Resistance to Methyl Alcohol conditioned at 230 degrees F for 24 subjected to the burst test at room Resistance hours. Within 30 minutes of removal temperature, with a minimum burst SAE J844 specifies that the tubing be from the oven, the tubing is placed in strength of 80 percent of a specified bent around a test cylinder and then a cold chamber at minus 40 degrees F value. immersed in 95 percent methyl alcohol and conditioned for 4 hours. A test The first test is to bend a section of for 200 hours at 75 degrees F. After cylinder with a radius equal to 6 times tubing 180 degrees around a test removal from the solution, the tubing the nominal OD of the tubing is also cylinder with a diameter equal to two must show no evidence of cracking. conditioned at minus 40 degrees F for times the tubing’s minimum bend This test ensures that air brake tubing is 4 hours. The tubing and test cylinder are radius, as specified in the standard. The not susceptible to damage from alcohol removed from the cold chamber and the tubing and test cylinder are conditioned that is sometimes introduced into air tubing is bent 180 degrees around the for 72 hours at 230 degrees F and then brake systems during extreme cold test cylinder within a period of 4 to 8 removed to cool at 75 degrees F. Within weather conditions, or from windshield seconds. The tubing must show no signs 30 minutes after stabilizing at 75 washer fluid containing alcohol that of fracture. degrees F, the tubing is straightened may spill onto brake tubing. There is no FMVSS No. 106 also contains a low within a time period of four seconds. corresponding test procedure/ temperature resistance test procedure. The tubing is then bent 180 degrees in performance requirement in FMVSS No. The FMVSS No. 106 procedure differs the opposite direction within a time 106, and NHTSA proposes to in that the hose is bent around the test period of 4 to 8 seconds. incorporate the one specified in SAE cylinder prior to being conditioned in The second test is to condition the J844. NHTSA also welcomes comments the cold chamber; the cold conditioning tubing at 230 degrees F for 72 hours, on the suitability of adopting this test is for 70 hours; and there is no high- then remove and cool the tubing to 75 procedure/performance requirement for temperature preconditioning. The table degrees F. Within 30 minutes after rubber air brake hoses, since they are in paragraph S7 (Table IV) includes stabilizing at 75 degrees F, the tubing is also susceptible to alcohol exposure for dimensions for the test cylinder radius subjected to an impact test as specified the same reasons. for each nominal size of hose. Table IV in the standard. references hose size by nominal The third test involves conditioning 11. Stiffness diameter, and does not differentiate the tubing by immersing it in boiling between hose, which is sized by inside water for 2 hours, then removing and SAE J844 specifies that an 11-inch diameter, and tubing, which is sized by cooling it to 75 degrees F. Within 30 long sample of tubing be slipped over a outside diameter. Applying the test minutes after stabilizing at 75 degrees F, rod to maintain the hose in a straight cylinder radii in Table IV to the nominal the tubing is subjected to an impact test position within plus or minus 1⁄8 inch. outside diameter of tubing, and then as specified in the standard. The tubing and rod are conditioned at comparing these values to the test FMVSS No. 106 does not have 230 degrees F for 24 hours, then cylinder radii in SAE J844, reveals that corresponding test procedures. The high removed and cooled to 75 degrees F. the test cylinder radii in SAE J844 are temperature resistance test (S8.1) Within 30 minutes after stabilizing at 75 smaller and, therefore, SAE J844 evaluates a hose for resistance to visible degrees F, the rod is removed and provides a more stringent test condition cracking after being conditioned at 212 tubing is subjected to a stiffness test as in terms of bend radius than does degrees F for 70 hours and then outlined in the standard. The tubing FMVSS No. 106. straightened. There is no burst must require no more that the specified The test conditions of ‘‘cold (pressure) strength requirement. NHTSA amount of force to deflect 2 inches. This temperature flexibility’’ in SAE J844 do proposes incorporating the SAE J844 test ensures that the flexibility of the not correspond to the ‘‘low temperature test procedures for plastic air brake tubing is not reduced when the tubing resistance’’ test in FMVSS No. 106. SAE tubing into FMVSS No. 106. is subjected to elevated temperatures. J844 is a test to evaluate the crack An increase in stiffness after exposure to resistance of tubing, subjected to 9. Zinc Chloride Resistance elevated temperatures indicates that the bending while in a cold state, while the SAE J844 specifies that tubing be bent tubing is susceptible to kinking or FMVSS No. 106 test condition is an around a test cylinder and immersed in embrittlement under this condition. evaluation of pre-bent tubing’s a 50 percent by weight (specific gravity Because Standard No. 106 does not resistance to cracking when subjected to of 1.576 or a Baume rating of 53 degrees contain a similar set of procedures/ cold temperatures. Because SAE J844 is at 60 degrees F) aqueous solution of zinc requirements, NHTSA proposes to more rigorous, NHTSA proposes chloride for 200 hours at 75 degrees F. incorporate the stiffness procedures/
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requirements from SAE J844 into testing one brake hose sample to for Type B tubing in SAE J844 be FMVSS No. 106. determine compliance. Manufacturers, incorporated into FMVSS No. 106, with on the other hand, should or may a minimum separation strength of 25 12. Boiling Water Stabilization and conduct testing on multiple samples as pounds per linear inch. Rather than Burst Test part of their quality control procedures specifying a stand-alone adhesion test, SAE J844 specifies that the tubing be to determine whether continued failures however, NHTSA is proposing to immersed in boiling water for 2 hours. exist such as to demand rejection of an incorporate SAE J844’s heat aging The tubing is then removed from the entire manufacturing lot. NHTSA adhesion test, which is described below. water and subjected to a burst test at tentatively concludes that it is still With respect to Type A tubing, because room temperature. The standard preferable to subject only one sample to such tubing is typically manufactured specifies a minimum burst strength of a particular set of testing procedures for from a single extrusion of nylon with no 80 percent of the value assigned to the compliance purposes. Accordingly, the internal layers, the agency does not tubing based on the tubing’s nominal agency proposes that only one plastic believe it is necessary to specify an outside diameter. NHTSA tentatively brake tubing sample be subjected to the adhesion test for that type of tubing. concludes that this test condition is cold impact test procedures contained NHTSA proposes to deviate from SAE redundant because a similar boiling in SAE J844. With this one J844’s test procedure because it appears water conditioning test, followed by modification, NHTSA proposes to that it would be difficult to mount the impact and burst tests, is already incorporate the cold impact test test specimen in a tension testing specified by the third heat aging test, as procedures/performance requirements machine if the specimen is cut from a described above. FMVSS No. 106 has no from SAE J844 into FMVSS No. 106. 1⁄4-inch wide helical section of tubing. corresponding test procedure. Because NHTSA proposes that a 1-inch length of NHTSA is already proposing to 14. Adhesion Test tubing be cut lengthwise and two flaps incorporate the heat aging test from SAE SAE J844 specifies that Type B, of material be cut using a sharp knife so J844, the agency does not propose to reinforced tubing, be subjected to an that the test sample can be clamped in also incorporate SAE J844’s stand-alone adhesion test. A helical sample 1⁄4 inch the machine. The adhesion test for air boiling water stabilization and burst wide and with a length equal to five brake hose that uses a rotating mandrel test. times the circumference of the tubing is to support the inner layers of the hose cut from the tubing. With the tubing 13. Cold Temperature Impact was considered for tubing but does not sample at a temperature of 75 degrees F, appear to be practical for tubing since it SAE J844’s cold temperature impact a knife blade is used to initiate would be difficult to separate (cut) the test specifies the use of 10 separate separation at the braid interface. Further outer layer of the tubing from the inner samples of air brake tubing. Five attempts to separate the sample must layer with the inner layer of the tubing samples are conditioned for 24 hours at result in no separation over the entire in an intact, round shape. NHTSA 230 degrees F, and the other five are length of the test sample other than at welcomes comments on the proposed conditioned in boiling water for 2 hours. points at which the braid is present. adhesion test procedures/performance All samples and the impact test SAE J844 does not include any requirements. apparatus are then conditioned at minus specifications for Type A, non- 40 degrees F for 4 hours. Each sample reinforced tubing because this type of 15. Heat Aging and Adhesion Test is then subjected to the impact test per hose is only manufactured from one SAE J844 specifies that a Type B Figure 1, with no visible cracks layer. Standard No. 106 presently tubing sample be conditioned in the permitted. Each sample is then warmed requires that hose have a minimum first heat aging test (bend tubing, heat to 75 degrees F and, within 30 minutes adhesion strength of 8 pounds per linear conditioning, and re-bend tubing after of stabilization at this temperature, a inch of hose. cooling) and then subjected to the burst test conducted. Each tubing NHTSA tentatively concludes that the adhesion test, detailed above. Type A sample must withstand 80 percent of ‘‘no separation’’ performance tubing is not subjected to this test. the specified burst strength. If any one requirement in SAE J844 would be FMVSS No. 106 does not have a of the samples fails these tests, the unenforceable because during a corresponding set of test procedures/ entire test sequence is repeated using destructive test the tubing will performance requirements. NHTSA twenty samples. If any one of these ultimately fail at some point during the proposes to incorporate the heat aging twenty samples fails, then the entire test. NHTSA tentatively concludes that adhesion test procedures from SAE manufacturing lot is to be rejected. This the existing Standard No. 106 minimum J844, but that the minimum adhesion test evaluates the resistance of the adhesion requirement of 8 pounds per performance requirement for Type B tubing to cold temperature fracturing. linear inch is suitable for rubber air tubing be raised from 8 pounds per FMVSS No. 106 does not have brake hose. Given the SAE J844 ‘‘no linear inch to 25 pounds per linear inch. corresponding test procedures/ separation’’ specification for Type B performance requirements. plastic tubing, however, NHTSA 16. Collapse Resistance In an August 1970 notice of proposed proposes that a higher minimum SAE J844 specifies that three test amendment to FMVSS No. 106 (35 FR adhesion requirement is appropriate for samples of specified length be prepared 13738), NHTSA’s predecessor agency, that type of tubing. NHTSA therefore and the minor outside diameter (OD) be the National Highway Safety Bureau, proposes a minimum separation value measured. The minor OD is the smallest addressed the issue of a sampling of 25 pounds per linear inch for Type outside diameter of the tubing measured approach in testing standards. That B plastic tubing, which the agency at the center of the sample, typically notice indicated that the SAE approach, tentatively concludes is severe enough located 90 degrees from the natural lay which includes testing of several to ensure that an adequate bond exists line of the tubing. The samples are samples and then retesting additional between the tubing layers but not so installed on a specified bend test fixture samples if initial failures are found, is high as to present enforcement and, following the natural bend of the not an essential methodology to concerns. Accordingly, NHTSA tubing, each tube is bent 180 degrees to demonstrate non-compliance. Rather, proposes that the adhesion test the minimum kink radius listed in the the agency indicated that it favored procedures/performance requirements standard. The samples are conditioned
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at 200 degrees F for 24 hours and then to pass a burst test after conditioning in Table 2 of SAE J844. This required cooled to room temperature (75 degrees oil. performance is the same as that F) and, while still installed on the bend NHTSA is aware of a problem that specified in SAE J844 for the boiling fixture, the minor OD is measured. The was encountered several years ago with water stabilization and burst test. minor OD collapse of the heat- pre-assembled air brake tubing NHTSA tentatively concludes that using conditioned samples must not exceed assemblies used for tractor-trailer an 80 percent value for the oil test is 20 percent of the initial minor OD. connections supplied by one appropriate given that the tubing is pre- FMVSS No. 106 does not contain manufacturer. This particular product, conditioned in oil, similar to the corresponding test procedures/ when subjected to conditioning in oil, preconditioning of the boiling water performance requirements. would undergo material property test, and notes that the tubing would not NHTSA proposes to incorporate the changes that resulted in failure be required to have the 100 percent collapse resistance test procedures/ (dissolution) of the tubing. The burst strength required for non- performance requirements from SAE manufacturer of the tubing assemblies conditioned tubing tested at room J844 into FMVSS No. 106, with two petitioned NHTSA to request that coiled temperature. NHTSA welcomes changes. First, the agency proposes to air brake tubing assemblies be exempt comments on this proposed test specify that only one sample be tested from the oil resistance requirements in procedure in lieu of the existing rather than three. Second, NHTSA notes Standard No. 106. NHTSA ultimately Standard No. 106 requirement that that the minimum kink radii in Table 3 denied this request and stated in the limits volumetric expansion of the of SAE J844 represents the minimum denial (58 FR 38346) that coiled air material during oil conditioning. unsupported bend radii for tubing as brake tubing assemblies are subjected to 18. Ozone Resistance installed on a vehicle while the test elevated temperatures and exposed to bend radii in Table 2 of that standard oil. The agency notes that this particular SAE J844 does not include an ozone represent the minimum bend radii for product was not compliant with SAE resistance test as specified by FMVSS supported tubing during applicable test J844. No. 106. Standard No. 106 specifies procedures. NHTSA tentatively NHTSA tentatively concludes it is bending a hose around a test cylinder concludes that because heavy vehicle critical that plastic air brake tubing be and conditioning it in a test chamber at manufacturers are aware that such resistant to oil exposure. Oil can be 50-ppm ozone concentration at 104 installation criteria are included in SAE introduced into air brake systems due to degrees F for 70 hours. After performing J844 there is no need to incorporate air compressor leakage, and exposed this test, no visible cracks may be them into FMVSS No. 106. NHTSA portions of tubing are subject to oil and detected when viewed under 7-power welcomes public comments on both of grease contamination from sources such magnification. The agency notes that the these proposed modifications. as hydraulic work equipment mounted ozone test for hydraulic brake hose in on vocational trucks, axle lubricant SAE J1401 specifies an ozone 17. Oil Resistance leakage, and fifth wheel lubrication. concentration of 100 ppm and that, as SAE J844 does not include an oil Therefore, NHTSA proposes a test noted above, NHTSA is proposing to resistance test as specified by FMVSS procedure for plastic tubing that increase the ozone concentration No. 106. The oil test is used to measure combines existing FMVSS No. 106 oil requirements for all types of brake hose the volumetric expansion of specimens conditioning criteria with the burst covered by FMVSS No. 106. prepared from the inner and outer layers strength requirements of SAE J844. Accordingly, NHTSA proposes that the of a hose, after immersion in ASTM No. The proposed test procedure involves ozone test that is currently specified in 3 oil at 212 degrees F for 70 hours, with preparation of a tubing assembly, Standard No. 106 continue to be applied a maximum permissible volumetric conditioning it in ASTM IRM 903 oil to plastic air brake tubing at the higher expansion of 100 percent. While such a (which supercedes ASTM No. 3 oil as ozone concentration level of 100 ppm. test is appropriate for the type of described in ASTM D471–98e1, The table below summarizes the materials used in elastomeric, synthetic Standard Test Method for Rubber differences between the plastic air brake rubber air brake hoses, NHTSA Property-Effect of Liquids), and then tubing requirements/procedures of tentatively concludes that in the case of subjecting the tubing to the burst test FMVSS No. 106 and SAE J844 and plastic air brake tubing it would be more specified in SAE J844. NHTSA proposes indicates which requirements/ appropriate to evaluate a mechanical that the tubing not burst at less than 80 procedures NHTSA proposes property of the tubing such as the ability percent of the burst pressure listed in incorporating into the standard.
TABLE 4.—COMPARISON OF NYLON AIR BRAKE TUBING REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J844
Requirement/Procedure Existing FMVSS No. 106 SAE J844
Plastic Air Brake Tubing ‘‘x’’ Indicates Requirements/Procedures Proposed to be Included in FMVSS No. 106. A new section would be added with performance requirements/test procedures for plastic air brake tubing. Some existing requirements/procedures for air brake hose would also apply.
100 Percent Leak Test ...... x Not Specified ...... Each lot to be tested. Classification ...... Type AI or AII air hose ...... x Type A or B plastic air brake tubing. Dimensional Specifications ...... None ...... x J844 (inch) and J1394 (metric) dimensions for plastic tubing. Burst Test ...... 800 psi requirement ...... x Strength based on tubing size and type, minimum is 800 psi. Moisture Absorption ...... None ...... x Not to exceed 2 percent. Ultraviolet Resistance ...... None ...... x 300 hour exposure followed by impact test.
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TABLE 4.—COMPARISON OF NYLON AIR BRAKE TUBING REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J844—Continued
Requirement/Procedure Existing FMVSS No. 106 SAE J844
Cold Temperature Flexibility ...... Low temperature resistance but not flexi- x Cold conditioning followed by bending bility. around test cylinder. Heat Aging ...... Does not include burst test ...... x Three separate test procedures followed by burst test. Zinc Chloride Resistance ...... Similar but tubing is not bent during test .... x Similar, tubing is conditioned while bent around test cylinder. Methyl Alcohol Resistance ...... None ...... x Tubing bent around test cylinder and condi- tioned in alcohol for 200 hours. Stiffness ...... None ...... x Stiffness of tubing after conditioning at ele- vated temperature. Boiling Water Stablization and Burst Test .. None ...... Considered redundant since more severe test condition included in heat aging test. Cold Temperature Impact ...... None ...... x Cold conditioning, impact test, and burst test. Adhesion Test...... 8 lbs. per linear inch, for any air brake 1 Type B tubing only, no separation per- hose. mitted. Heat Aging Adhesion Test ...... None ...... 1 Type B tubing only, heat aging and adhe- sion test. No separation permitted. Collapse Resistance ...... None ...... x Max. 20 percent collapse after high temp. conditioning bent around test cylinder. Ozone Resistance ...... 2 Same as air brake hose, 50 ppm ...... None. Oil Resistance ...... Same as air brake hose ...... None. 3 Note 1: NHTSA proposes a 25 lbs. per inch adhesion strength instead of ‘‘no separation.’’ Note 2: NHTSA proposes 100 ppm ozone concentration. Note 3: NHTSA proposes an oil soak and burst test for plastic tubing.
E. Plastic Air Brake Tubing Assemblies tubing when used in an assembly with SAE J246 and SAE J512 rather than SAE and End Fittings either permanently-attached or reusable J1131, and these specifications are end fittings. different than those currently in FMVSS NHTSA’s performance requirements NHTSA proposes to incorporate the No. 106, with the SAE test procedures and test procedures relating to plastic following end fitting performance including longer exposure to salt spray air brake tubing assemblies and end requirements/test procedures from SAE but less severe performance fittings are located in paragraph S7., J1131 into Standard No. 106: the hot requirements for permissible corrosion. Requirements—Air brake hose, brake tensile strength test, the conditioned A detailed discussion of the hose assemblies, and brake hose end pull test, the vibration leak test, the differences between the performance fittings, and paragraph S8., Test proof and burst test, the fitting requirements/test procedures of SAE procedures—Air brake hose, brake hose compatibility test, and the serviceability J1131, SAE J246, SAE J512, and FMVSS assemblies, and brake hose end fittings, test. The serviceability test specifies that No. 106 as they relate to plastic air brake of FMVSS No. 106. The corresponding an end fitting, after five assembly and tubing assemblies and end fittings SAE performance requirements/test disassembly cycles, not leak more than follows, along with the agency’s procedures are contained in SAE 25 cm3/min. and NHTSA proposes that proposed resolution of those Surface Vehicle Standard J1131, this test will only apply to fittings that differences. Performance Requirements for SAE J844 use a threaded retention nut. Push-to- 1. Tensile Strength Nonmetallic Tubing and Fitting connect fittings are often believed to Assemblies Used in Automotive Air result in damage to the tubing upon FMVSS No. 106 specifies that an air Brake Systems, Rev. August 1998 (SAE disassembly and therefore may not be brake hose assembly for use between J1131). SAE’s end fitting performance able to meet this specification. When either the frame and the axle, or a requirements/test procedures are such fittings are disassembled, the end towing and towed vehicle, meet a located in SAE Surface Vehicle of the tubing can be cut off if there is longitudinal pull test, at a 1 inch per Standard J512, Automotive Tube enough slack in the assembly, or a new minute force application rate without Fittings Rev. October 1980 (SAE J512) section of tubing will need to be fitted separating from its end fittings at the and SAE Surface Vehicle Standard J246, for reinstallation. following force levels: 250 pounds for 1⁄4 Spherical and Flanged Sleeve The agency also proposes specifying inch or less, or 6mm or less, nominal ID; (Compression) Tube Fittings Rev. March constriction testing for plastic air brake 325 pounds for more than 1⁄4 inch or 1981 (SAE J246). tubing assemblies as such testing is 6mm nominal ID. A hose assembly used This section addresses performance already specified for air brake hose in any other application must withstand requirements and test procedures for assemblies under Standard No. 106. force levels of: 50 pounds for 1⁄4 in or plastic air brake tubing assemblies and NHTSA proposes including the less, or 6 mm or less, nominal ID; 150 end fittings. The previous section current corrosion resistance test in pounds for 3⁄8 inch, 1⁄2 inch, or 10 mm compared FMVSS No. 106 to SAE J844 FMVSS No. 106, as applied to all types to 12 mm, nominal ID; and 325 pounds and only addressed the properties of the of brake hose fittings (i.e., hydraulic, if the hose assembly is larger than 1⁄2 tubing and not the properties of tubing vacuum, air), for fittings used with inch or 12 mm nominal ID. A coiled assemblies or end fittings. SAE J1131 plastic air brake tubing. End fitting nylon tube assembly may either meet evaluates the performance of SAE J844 corrosion specifications are included in these requirements or, alternatively,
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may meet the requirements in FMCSR Coiled nylon tubing assemblies, by or less (3 mm or less); 40 pounds for 393.45. design, provide that tensile loads on tubing with a nominal outside diameter While FMVSS No. 106’s air brake these assemblies are spread out over the of 5⁄32 inch (4 mm); 50 pounds for tubing hose performance requirements and test long length of the hose in its coiled with a nominal outside diameter procedures are currently presented in form, and thus large amounts of relative between 3⁄16-inch and 3⁄8-inch (between terms of nominal inside diameter, the motion, such as between a tractor and 5 mm and 10 mm); 150 pounds for agency notes that plastic air brake a semi-trailer, are not expected to result tubing with a nominal outside diameter tubing is sized according to nominal in significant tensile load on the end between 1⁄2-inch and 5⁄8-inch (between outside diameter. In an August 7, 1974, fittings that would pull the tubing out 11 mm and 16 mm); and 325 pounds for amendment to FMVSS No. 106 (39 FR of the fitting. Nevertheless, NHTSA tubing with a nominal outside diameter 28436), NHTSA responded to a petition tentatively concludes that the potential larger than 5⁄8-inch (16 mm). exists for the supply and control air from Samuel Moore Company in which 2. Hot Tensile Strength the petitioner contended that it was lines connecting tractors and semi- appropriate to base Standard No. 106’s trailers to get tangled among themselves, SAE J1131 specifies that a 6-inch long tensile strength requirements on the among various components (springs and tubing assembly be placed in a tensile nominal inside diameter of the tubing poles) that are used to support the lines testing machine, with the lower 4 inches rather than on the tubing’s nominal above the truck frame, or with the of the assembly submerged in boiling outside diameter. The petitioner argued electrical cord. The agency also notes water for 5 minutes. The assembly is then pulled at a rate of 1 inch per that because 3⁄8-inch nominal OD plastic that these air lines are completely minute. The required performance is tubing has an inside diameter of 1⁄4-inch exposed to the elements, are frequently and provides the same air flow connected and disconnected, and may either 50 percent elongation of the hose without end fitting separation or the capability as a 1⁄4-inch nominal ID be subject to various amounts of assembly must sustain a specified rubber hose, they should be subject to stretching depending on the physical tensile load. Standard No. 106 does not the same tensile strength requirements. dimensions of the trailers that are have a corresponding test condition. In response to the petition, NHTSA towed. Compared to the tensile strength decided to base the tensile strength Despite these potential hazards in the requirements in FMVSS No. 106, the requirements on the nominal inside operating environment of coiled nylon end fitting separation strength diameter of the hose or tubing. Because tubing, however, FMVSS No. 106, as requirements in SAE J1131 are lower, plastic air brake tubing is labeled presently constituted, provides no but Standard No. 106’s requirements are according to its nominal outside tensile strength requirements for coiled for non-conditioned tubing assemblies. diameter, however, NHTSA now nylon tubing assemblies if the optional compliance with SAE J844 as referenced NHTSA proposes that the hot tensile proposes to specify tensile strength in § 393.45 is exercised. In contrast, strength requirement from SAE J1131 be requirements in the same manner to small, 1⁄8-inch air brake tubing is incorporated into FMVSS No. 106. minimize confusion. essentially prohibited from use in air Considering that SAE J1131 does not Unlike FMVSS No. 106, SAE J1131 brake systems because of its inability to include tensile loads for metric sized does not contain a stand-alone tensile meet Standard No. 106’s 50-pound plastic brake tubing, however, the strength test for air brake tubing tensile strength requirement, even agency proposes to specify tensile load assemblies. Instead, SAE J1131 specifies though the application of this tubing values for metric sized plastic brake tensile strength testing after an air brake would typically be inside the truck cab tubing. tubing assembly has been assembled and routed to protect it from damage. As and pre-conditioned in some manner. discussed below, NHTSA proposes to 3. Conditioned Pull Test The SAE tensile strength performance correct this disparity in treatment by SAE J1131 specifies that a tubing requirements for pre-conditioned tubing requiring coiled nylon tubing to meet assembly undergo four temperature assemblies are not as rigorous as SAE J1131’s end fitting retention cycles of a minus 40 degree F cold soak NHTSA’s stand-alone requirements. requirements and by lowering the for 30 minutes, normalizing at 75 Although the agency proposes to tensile strength requirements for tubing degrees F, immersion in boiling water incorporate SAE J1131’s tensile strength with relatively small nominal outside for 15 minutes and normalizing at 75 requirements, NHTSA also proposes to diameters. The agency proposes to degrees F. After four complete cycles of retain the stand-alone tensile strength lower the tensile strength requirement temperature conditioning, the tubing requirements already present in FMVSS for 1⁄8-inch nominal OD tubing from 50 assembly is subjected to a tensile test. No. 106, with the modifications pounds to 35 pounds and, for 5⁄32-inch The required performance is the same as discussed below. OD tubing, from 50 pounds to 40 for the hot tensile strength test above. Standard No. 106’s tensile strength pounds. This test evaluates the tubing’s requirements provide an alternative set The agency proposes to retain the resistance to pulling out of its end of requirements for coiled nylon tubing. existing FMVSS No. 106 tensile strength fittings when subjected to thermal Coiled nylon tubing may either meet the requirements for air brake tubing cycling. Equivalent performance tensile strength requirements in FMVSS assemblies used between a frame and an requirements/test procedures are not No. 106 or, alternatively, may meet the axle, or between a towed and a towing included in FMVSS No. 106. NHTSA requirements in section 393.45 of the vehicle, of 250 pounds for a 3⁄8-inch or proposes that these performance FMCSRs. FMCSR § 393.45, in turn, less, or 10 mm or less, in nominal requirements/test procedures be references the tensile strength outside diameter, and 325 pounds for a incorporated into Standard No. 106. requirements of SAE J844. The agency tubing assembly larger than 3⁄8-inch or notes, however, that SAE J844 does not 10 mm in nominal outside diameter. 4. Vibration Leak Test contain tensile strength requirements for With respect to plastic air brake tubing SAE J1131 specifies that an 18-inch end fitting retention. The end fitting assemblies used for any other purpose, long hose assembly be subjected to one retention requirements are contained in the agency proposes to require a tensile million cycles on a vibration machine SAE J1131, which is not referenced in strength of: 35 pounds for tubing with with one end of the hose fixed and the FMCSR § 393.45. a nominal outside diameter of 1⁄8 inch other end stroked 0.5 inches
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perpendicularly to the hose centerline at FMVSS No. 106 contains leakage and pulled out of the fitting. All information a rate of 600 cycles per minute, with 1⁄2 burst performance requirements/test the agency has collected on this type of inch of slack in the hose. The hose is procedures, as detailed above, the burst fitting indicates that the tubing may or subjected to 120-psi air pressure during pressures specified are lower than those may not be damaged upon removal from the test, and the test chamber in SAE J844 or SAE J1131. NHTSA the fitting, depending on such factors as temperature is initially 220 degrees F. proposes to incorporate the proof and how much air pressure and pulling After 250,000 cycles, the temperature is burst test from SAE J1131 into FMVSS force the assembly has been subjected to decreased to minus 40 degrees F. This No. 106 so that there will be a specific during its use. If the tubing is damaged, temperature cycle is repeated after test to evaluate the performance of end a small section cut off for subsequent 500,000 cycles. The hose assembly is fittings used with plastic tubing. reassembly if there is a sufficient slack instrumented to measure leakage during NHTSA proposes that this test be available in the assembly. If there is not the test. There are two performance conducted using water, as this is the test enough tubing length to cut the end off requirements. First, the assembly must fluid used for the burst strength test for for reassembly, then a new section of not leak at a rate greater than 50 cm3 per air hoses in FMVSS No. 106. tubing will need to be installed. If the minute at minus 40 degrees F or greater O-ring in the push-to-connect fitting is 6. Serviceability Test than 25 cm3 per minute at 75 degrees F. also damaged, it may be serviced or the Second, the attaching nut at each fitting SAE J1131 specifies a serviceability entire fitting will need to be replaced. cannot move when 20 percent of the test to evaluate end fitting performance This would have to be detected by the original tightening torque is re-applied for reusable fittings after repeated technician checking for leakage after to the nut. FMVSS No. 106 has a leak assembly and disassembly. Tubing reassembly. test (S8.7), but it does not specify samples are prepared with 12 inches of NHTSA proposes that the preconditioning of the hose by free hose length, following the fitting serviceability test be included in vibration, temperature, or other means, manufacturer’s recommendations for Standard No. 106 for those fittings that nor does it address fitting tightness after assembly of the end fittings. The fittings use a threaded retaining nut. This will such conditioning. End fitting nut are then disassembled and reassembled ensure that the fittings can be separated tightness is applicable to end fittings a minimum of five times. The tubing and reused during servicing of brake that can be disassembled such that new assembly is then subjected to 120 psi of system components with minimal sections of tubing can be used with the air at 75 degrees F, with resulting likelihood of leakage upon reassembly. existing fitting components, other than leakage not greater than 25 cm3 per NTHSA does not believe the the compression sleeve and the tube minute. serviceability test could be consistently support that are renewed when new When flanged-sleeve fittings have applied to push-to-connect fittings and tubing is installed. Swaged or crimped, been fitted in a plastic tubing assembly therefore does not propose to include permanently-attached fittings which that requires replacement, the old them in this test. tubing is removed by loosening the cannot be disassembled for reuse, and 7. Fitting Compatibility Test push-to-connect fittings which can be retaining nut on the fitting. A new reused but do not use a nut to secure the section of tubing is cut from a bulk SAE J1131 specifies that test hose or tubing, are exempt from the nut supply of tubing, new ferrules specimens be prepared according to the tightness requirement. (compression sleeves that fit on the fitting manufacturer’s The SAE J1131 performance outside of the tubing) and tube supports recommendations, with 12 inches of requirements/test procedures ensure (internal sleeves that fit inside the free hose length. The assembly is filled adequate end fitting performance to tubing) are installed at each end of the with hydraulic fluid at atmospheric resist vibration and temperature cycling. replacement tubing, and the new tubing pressure and conditioned at 200 degrees NHTSA proposes that most of these is installed. The other components of F for 24 hours. The pressure is then performance requirements/test the end fittings can be reused. For other increased to 450 psi for 5 minutes after procedures be incorporated into FMVSS types of repairs, such as replacement of which time the pressure is reduced to No. 106. a valve to which the tubing is atmospheric levels and the assembly is connected, the tubing is disconnected in cooled to 75 degrees F. Following this, 5. Proof and Burst Test the same way. The portion of the fitting the tubing assembly is cooled to minus SAE J1131 specifies proof and burst that threads into the valve can be 40 degrees F with the fluid at tests to evaluate end fitting retention. removed and reinstalled on the atmospheric pressure for 24 hours after The test apparatus includes a suitable replacement valve, and the tubing can which time the pressure is increased to hydraulic pressure source of an then be reinstalled on the new valve 450 psi for 5 minutes. The tubing must unspecified medium. Tubing samples using the existing ferrule that remains not rupture or disconnect from the are prepared with 12 inches of free hose permanently attached to the tubing. The fittings. Standard No. 106 does not have length along with the fittings to be serviceability performance a corresponding set of test procedures/ evaluated. One end of the assembly is requirements/test procedures in SAE performance requirements. Accordingly, plugged and the other end is attached to J1131 are a measure of the fitting’s NHTSA proposes to incorporate the the pressure source. At a temperature of suitability for repeated assembly and fitting compatibility test and 75 degrees F, the pressure is increased disassembly similar to the example of performance requirements from SAE to proof pressure and held for 30 valve replacement when all parts of the J1131 into FMVSS No. 106. seconds. The proof pressure is defined end fitting are reused. as one-half of the burst pressure Another type of end fitting is the 8. Constriction specified in SAE J844. Pressure is then push-to-connect fitting, which when FMVSS No. 106 requires that each air increased at a rate such that the used in an assembly, the end of the brake hose assembly shall be not less specified burst pressure is achieved tubing is simply pushed into the fitting. than 66 percent of the nominal ID of the within 3 to 15 seconds. The fittings To remove the tubing for repair hose, except for those portions of end must not separate from the tubing and purposes, a ring on the fitting around fittings that do not contain hose. SAE no visible leaks are permitted at less the outside of the tubing is raised to J1131 does not contain a corresponding than the specified burst pressure. While release the tubing, which can then be requirement. As discussed in greater
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detail above, NHTSA is proposing to Both SAE J246 and SAE J512 include with no appearance of red rust require that all portions of air brake dimensional requirements for fitting permitted except for: Internal portions assemblies, including those portions of length, concentricity, pipe threads, of fittings; edges such as hex points, end fittings that do not contain hose, wrench hexes, ferrule seats, tube serrations, or thread crests where there meet this requirement. NHTSA proposes support sleeves in the case of plastic may be mechanical deformation of the to apply the same 66 percent of nominal tubing fittings, and material properties plating or coating of mass-produced ID constriction requirement to plastic of brass stock used in fittings and parts or shipping effects; areas where air brake tubing assemblies. The agency stainless steel stock used in plastic the plating or coating is subjected to proposes to apply this requirement tubing support sleeves. The standards mechanical deformation due to based on the tubing’s nominal inside also permit steel to be used if requested crimping, flaring, bending, or other post diameter even though, as noted above, by the purchaser. plate metal forming operations; or areas NHTSA is proposing that other As already noted above, FMVSS No. where the parts are suspended or affixed requirements relating to air brake tubing 106 does not include any dimensional in the test chamber where condensate or material properties specifications for be expressed in terms of the tubing’s can accumulate. Both standards specify fittings used with brake hose or tubing. nominal outside diameter. that after January 1, 1997, no parts shall NHTSA does not agree with the be cadmium plated due to 9. End Fitting Dimensional petitioners that the substantive Requirements dimensional and material requirements environmental concerns relating to that FMVSS No. 106 does not presently of SAE J246 and SAE J512 are needed process. contain end fitting dimensional in FMVSS No. 106 for a number of FMVSS No. 106 specifies that the requirements. The petitioners, however, reasons. First, the agency tentatively fittings as installed on a brake hose requested incorporation of the concludes that fittings that have assembly be subjected to a 24-hour salt requirements of FMCSR § 393.46, which demonstrated their compatibility with spray test, the same test that is specified references two SAE standards plastic air brake tubing through the for hydraulic brake hose, as detailed containing such requirements. FMCSR testing required by SAE J1131. Second, above. The end fittings must show no § 393.46 provides that splices in tubing NHTSA does not favor incorporating the base metal corrosion on the end fitting installed on a vehicle after March 7, SAE requirements because neither SAE surface except where crimping or the 1989, must use fittings that meet the J246 nor SAE J512 provides fitting application of labeling information requirements of SAE J512, Automotive standards for metric sized plastic causes a displacement of the protective Tube Fittings Rev. October 1980 (SAE tubing. Third, although FMVSS No. 106 coating. Standard No. 106 specifies that J512) or, for air brake systems, SAE J246, does not provide any dimensional all fittings meet the corrosion test, and Spherical and Flanged Sleeve specifications for any types of fittings does not provide different specifications (Compression) Tube Fittings Rev. March used with other types of brake hose or based on the end fitting’s composition 1981 (SAE J246). tubing, the agency is not aware of any (steel, stainless steel, or brass). SAE J512 provides general and field problems associated with these dimensional specifications for the brake products. Fourth, even if FMVSS The duration of the salt spray test is various types of tube fittings intended were to incorporate the dimensional longer in the SAE standards than in for general application in the specifications from the SAE standards, FMVSS No. 106 (72 hours versus 24 automotive, appliance, and allied fields, at least one of those standards, SAE hours), but the specified corrosion and includes the following categories of J246, explicitly states that the standard performance is more rigorous in FMVSS fittings: flare type fittings, inverted flare is not intended to restrict or preclude No. 106. The SAE standards specify type fittings, and tapered sleeve other designs of a tube fitting for use testing of fittings without any hose compression type fittings intended for with SAE J844 air brake tubing. attached, while FMVSS No. 106 use with annealed copper alloy tubing. NHTSA tentatively concludes that the specifies that the fittings be mounted to SAE J512 states that the spherical sleeve automotive industry generally a hose for testing. NHTSA tentatively compression fitting components in SAE standardizes, on a voluntary basis, such concludes that the existing corrosion J246 are not to be intermixed with fittings for compatibility and repair resistance requirements in FMVSS No. tapered sleeve compression type fitting purposes, and has no reason to believe 106 assure adequate integrity of end components in SAE J512. The that this will not continue to be the case fittings, and in one respect is more dimensions of single and double 45 for plastic air brake tubing fittings. strenuous than the SAE standards. degree flares on tubing used in Standard No. 106 currently permits Accordingly, the agency does not conjunction with flared and inverted specialized fittings as long as they can propose to change Standard No. 106’s flared fittings in SAE J512 are provided meet the specified performance corrosion resistance requirements at this in a different SAE standard, SAE J533. requirements. In a November 13, 1973, time. Nevertheless, NHTSA welcomes The application of SAE J512 fittings final rule (38 FR 31302, Docket No. 1– comments on the suitability and need to in automotive braking systems as used 5; Notice 8), NHTSA declined to adopt increase the duration of the salt spray in the U.S. is believed to be most any specific standard for end fittings. test from the current 24 hours to the 72 commonly associated with inverted For the reasons outlined above, NHTSA hours specified in the SAE standards. double flare hydraulic brake tubing does not propose to include any connections, and also for metal tubing dimensional or material properties The table below summarizes the that may be used for connecting vacuum specifications for end fittings at this differences between the plastic air brake booster lines to engine manifolds. time. tubing assembly and end fitting NHTSA does not believe that copper performance requirements/test tubing is widely used in vehicle braking 10. End Fitting Corrosion Resistance procedures of FMVSS No. 106 and SAE applications anymore. The agency also SAE J246 and SAE J512 specify that J1131 and indicates which does not believe that SAE J512 fittings the external surfaces and threads of requirements/procedures NHTSA would be appropriate for use with carbon steel fittings be subjected to a 72 proposes incorporating into the plastic tubing. hour salt spray test per ASTM B117, standard.
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TABLE 5.—COMPARISON OF PLASTIC AIR BRAKE TUBING ASSEMBLY AND END FITTING REQUIREMENTS/PROCEDURES IN FMVSS NO. 106 AND SAE J1131, SAE J246, AND SAE J512
Requirement/Procedure Existing FMVSS No. 106 SAE J1131
Fittings for Nylon Air Brake Tubing ‘‘x’’ indicates requirements/procedures proposed to be included in FMVSS No. 106. A new section would be added for the performance of these fittings. Existing FMVSS No. 106 requirements/procedures for fittings would also apply.
Tensile Strength ...... x Same as for air brake hose assemblies ..... No tensile test at ambient conditions. Hot Tensile Strength...... Only at ambient temperature, higher x Immersion in boiling water followed by pull strength specifications. test. Conditioned Pull Test...... Only at ambient temperature, higher x Four cold soak cycles followed by boiling strength specifications. water, then pull test. Vibration Leak Test ...... None ...... x Leakage specification after vibration condi- tioning. Proof and Burst Test ...... Burst test, does not specify failure mode ... x No fitting separation during proof and burst tests. Serviceability Test ...... None ...... x Leakage specifications for flanged-sleeve fittings after five assembly cycles. Fitting Compatibility Test ...... None ...... x Pressure and temperature cycling to evalu- ate fitting retention. Constriction ...... x 66 percent of nominal inside diameter ...... None. End Fitting Dimensional Requirements ...... x None ...... Specified in SAE J246 and SAE J512— variations permitted. End Fitting Corrosion Resistance ...... x Same as for hydraulic brake hose end fit- Specified in SAE J246 and SAE J512— tings. similar, exemption for brass fittings.
V. Rulemaking Analyses and Notices requirements and test procedures that million vehicles are produced each year. are currently contained and/or As the typical light vehicle is equipped A. Executive Order 12866 and DOT referenced in the Federal Motor Carrier with three to four brake hoses, 48 to 64 Regulatory Policies and Procedures Safety Regulations. Those performance million hydraulic brake hose assemblies Executive Order 12866, ‘‘Regulatory requirements/test procedures are based as installed in new vehicles would be Planning and Review’’ (58 FR 51735, on voluntary standards adopted by the affected, as well as an unknown October 4, 1993), provides for making Society of Automotive Engineers. quantity of replacement brake hoses for determinations whether a regulatory Although NHTSA proposes to light vehicles, but probably a few action is ‘‘significant’’ and therefore incorporate the most recent versions of million. In addition, the agency subject to Office of Management and these SAE requirements/procedures and estimates that approximately 15.5 Budget (OMB) review and to the to apply them to brake hoses, tubing, million vacuum brake hoses and/or requirements of the Executive Order. and fittings for all motor vehicles, not assemblies are installed on these The Order defines a ‘‘significant just commercial motor vehicles, the vehicles. regulatory action’’ as one that is likely agency tentatively concludes that most, Since large quantities of brake hose to result in a rule that may: if not all, such hoses, tubing, and material are needed to manufacture (1) Have an annual effect on the fittings are already designed to meet the these brake hoses, the agency believes economy of $100 million or more or SAE requirements/procedures. that there are large manufacturers that adversely affect in a material way the However, in the event that there are produce both hydraulic and vacuum economy, a sector of the economy, some brake hose products that would brake hoses in such large quantities. productivity, competition, jobs, the need to be modified to comply with the There are many small companies that environment, public health or safety, or proposed regulations, the agency (1) use the brake hose material and end State, local, or Tribal governments or estimates that it is a small proportion of fitting components to produce brake communities; brake hose products that would need (2) Create a serious inconsistency or hose assemblies, but NHTSA does not modification, as most are believed to otherwise interfere with an action taken anticipate that they would be affected already comply; and (2) tentatively or planned by another agency; by the proposed changes because they concludes that the manufacturers of the (3) Materially alter the budgetary simply assemble already-compliant components used in producing such impact of entitlements, grants, user fees, components supplied by the large products are not small businesses. or loan programs or the rights and manufacturers. obligations or recipients thereof; or For air brake hoses, both rubber hose The agency does not have data on (4) Raise novel legal or policy issues and plastic tubing products, and how many hydraulic and vacuum brake arising out of legal mandates, the hydraulic and vacuum brake hoses hose assemblies would need to be President’s priorities, or the principles installed on vehicles that are typically modified to meet the proposed changes. set forth in the Executive Order. used as commercial motor vehicles such Based on an informal survey of available This notice was not reviewed under as medium duty trucks, the agency hydraulic and vacuum brake hose Executive Order 12866. Further, this tentatively concludes that all of the assemblies, the agency estimates that notice was determined not to be brake hose products already comply perhaps as many as 20 percent may significant within the meaning of the with the proposed regulations. The need to be modified in some manner to DOT Regulatory Policies and largest effect of the proposed regulations comply with the proposed Procedures. would be on the light vehicle sector requirements. Likewise, the agency does In this document, NHTSA is including passenger cars and light not know the cost to modify the proposing to incorporate performance trucks, of which approximately 16 manufacturing processes of the brake
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hose materials to comply with the regulations at 13 CFR part 121 define a D. Executive Order 13132 (Federalism) proposed changes, but can assume that small business, in part, as a business Executive Order 13132 requires it would be for improved additives to entity ‘‘which operates primarily within NHTSA to develop an accountable elastomeric compounds or improved the United States.’’ (13 CFR 121.105(a)). process to ensure ‘‘meaningful and synthetic fibers used as reinforcing No regulatory flexibility analysis is timely input by State and local officials materials. Again, the agency does not required if the head of an agency in the development of regulatory have any data on the cost of certifies that the rule will not have a policies that have federalism manufacturing such materials, but significant economic impact on a implications.’’ The Executive Order estimates that the modification of such substantial number of small entities. defines ‘‘policies that have federalism manufacturing processes would add not The SBREFA amended the Regulatory implications’’ to include regulations more than ten cents to the cost of each Flexibility Act to require Federal that have ‘‘substantial direct effects on brake hose assembly. The highest-cost agencies to provide a statement of the the States, on the relationship between estimate of the proposed regulations is factual basis for certifying that a rule the national government and the States, based on production of 64 million new will not have a significant economic or on the distribution of power and and replacement hydraulic brake hose responsibilities among the various assemblies, plus 16 million new and impact on a substantial number of small levels of government.’’ Under Executive replacement vacuum brake hoses/ entities. Order 13132, NHTSA may not issue a assemblies, for a total of 80 million total NHTSA has considered the effects of regulation with Federalism affected brake hoses. If 20 percent of this rulemaking action under the implications, that imposes substantial these need to be modified to meet the Regulatory Flexibility Act. As explained direct compliance costs, and that is not proposed changes, at a cost of ten cents above, NHTSA is proposing to required by statute, unless the Federal per hose, the total cost would be $1.6M incorporate performance requirements Therefore, the agency estimates the cost government provides the funds and test procedures that are currently necessary to pay the direct compliance of complying with the proposed changes contained or referenced in the Federal to FMVSS No. 106 to be between zero costs incurred by State and local Motor Carrier Safety Regulations. Those governments, the agency consults with and $1.6 M. This potential additional performance requirements/test cost would not, however, be expected to State and local governments, or the procedures are based on voluntary agency consults with State and local have any impact on small businesses, standards adopted by the Society of but only on large manufacturers of brake officials early in the process of Automotive Engineers. Although developing the proposed regulation. hose materials that are produced in NHTSA proposes to incorporate the large quantities. Accordingly, the NHTSA also may not issue a regulation most recent versions of these SAE agency does not believe that this with Federalism implications and that requirements/procedures and to apply proposal would have any significant preempts State law unless the agency them to brake hoses, tubing, and fittings economic effects. Nevertheless, the consults with State and local officials agency welcomes comments on the cost for all motor vehicles, not just early in the process of developing the of compliance with the proposed commercial motor vehicles, the agency proposed regulation. requirements. believes that most, if not all, such hoses, NHTSA has analyzed this rulemaking The DOT’s regulatory policies and tubing, and fittings are already designed action in accordance with the principles procedures require the preparation of a to meet the most recent SAE and criteria set forth in Executive Order full regulatory evaluation, unless the requirements/procedures. For the 13132. The agency has determined that agency finds that the impacts of a remaining hoses, tubing, and fittings, this proposed rule would not have rulemaking are so minimal as not to estimated at up to 20 percent of all sufficient federalism implications to warrant the preparation of a full hydraulic and vacuum brake hoses warrant consultation with State and regulatory evaluation. Since anecdotal manufactured each year, the agency local officials or the preparation of a evidence suggests that most, if not all, estimates the cost of complying with federalism summary impact statement. of these hose, tubing, and fittings are these requirements to be $1.6M. The proposal would not have any already compliant with the minimum Considering that the total number of substantial effects on the States, or on performance requirements that the hydraulic brake hose assemblies and the current Federal-State relationship, agency is proposing to apply, the agency vacuum brake hose/assemblies that or on the current distribution of power believes that the impacts of this would be subject to the proposed and responsibilities among the various rulemaking would be minimal. Thus, it requirements is estimated to be local officials. has not prepared a full regulatory approximately 80 million units E. Civil Justice Reform evaluation. annually, the agency estimates that the This proposed amendment would not total annual effect of this proposed rule B. Regulatory Flexibility Act have any retroactive effect. Under 49 would be between zero and $1.6M. Pursuant to the Regulatory Flexibility U.S.C. 30103, whenever a Federal motor Accordingly, I hereby certify that it Act (5 U.S.C. 601 et seq., as amended by vehicle safety standard is in effect, a would not have a significant economic the Small Business Regulatory State may not adopt or maintain a safety Enforcement Fairness Act (SBREFA) of impact on a substantial number of small standard applicable to the same aspect 1996), whenever an agency is required entities. of performance which is not identical to to publish a notice of rulemaking for C. National Environmental Policy Act the Federal standard, except to the any proposed or final rule, it must extent that the state requirement prepare and make available for public NHTSA has analyzed this rulemaking imposes a higher level of performance comment a regulatory flexibility action for the purposes of the National and applies only to vehicles procured analysis that describes the effect of the Environmental Policy Act. The agency for the State’s use. 49 U.S.C. 30161 sets rule on small entities (i.e., small has determined that implementation of forth a procedure for judicial review of businesses, small organizations, and this action would not have any final rules establishing, amending, or small governmental jurisdictions). The significant impact on the quality of the revoking Federal motor vehicle safety Small Business Administration’s human environment. standards. That section does not require
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submission of a petition for when they are inconsistent with established this limit to encourage you reconsideration or other administrative applicable law. Moreover, section 205 to write your primary comments in a proceedings before parties may file suit allows NHTSA to adopt an alternative concise fashion. However, you may in court. other than the least costly, most cost- attach necessary additional documents effective or least burdensome alternative to your comments. There is no limit on F. Paperwork Reduction Act if the agency publishes with the final the length of the attachments. Under the Paperwork Reduction Act rule an explanation why that alternative Please submit two copies of your of 1995, a person is not required to was not adopted. comments, including the attachments, respond to a collection of information This proposed rule would not result to Docket Management at the address by a Federal agency unless the in the expenditure by State, local, or given above under ADDRESSES. collection displays a valid Office of tribal governments, in the aggregate, or You may also submit your comments Management and Budget (OMB) control by the private sector of more than $100 to the docket electronically by logging number. This proposed rule would not million annually. The estimated cost of onto the Dockets Management System require any collections of information as complying with the proposed Web site at http://dms.dot.gov. Click on defined by the OMB in 5 CFR part 1320. requirements is estimated to be between ‘‘Help & Information’’ or ‘‘Help/Info’’ to G. National Technology Transfer and zero and $1.6M annually. Accordingly, obtain instructions for filing the Advancement Act the agency has not prepared an document electronically. Unfunded Mandates assessment. Section 12(d) of the National How Can I Be Sure That My Comments I. Plain Language Technology Transfer and Advancement Were Received? Act of 1995 (NTTAA), Public Law 104– Executive Order 12866 requires each 113, section 12(d) (15 U.S.C. 272) agency to write all rules in plain If you wish Docket Management to directs NHTSA to use voluntary language. Application of the principles notify you upon its receipt of your consensus standards in its regulatory of plain language includes consideration comments, enclose a self-addressed, activities unless doing so would be of the following questions: stamped postcard in the envelope inconsistent with applicable law or —Have we organized the material to suit containing your comments. Upon otherwise impractical. Voluntary the public’s needs? receiving your comments, Docket consensus standards are technical —Are the requirements in the rule Management will return the postcard by standards (e.g., materials specifications, clearly stated? mail. test methods, sampling procedures, and —Does the rule contain technical How Do I Submit Confidential Business business practices) that are developed or language or jargon that is not clear? Information? adopted by voluntary consensus —Would a different format (grouping standards bodies, such as the Society of and order of sections, use of headings, If you wish to submit any information Automotive Engineers (SAE). The paragraphing) make the rule easier to under a claim of confidentiality, you NTTAA directs the agency to provide understand? should submit three copies of your Congress, through the OMB, —Would more (but shorter) sections be complete submission, including the explanations when we decide not to use better? information you claim to be confidential available and applicable voluntary —Could we improve clarity by adding business information, to the Chief consensus standards. tables, lists, or diagrams? Counsel, NHTSA, at the address given The proposed changes that NHTSA is —What else could we do to make this above under FOR FURTHER INFORMATION proposing are based on voluntary rulemaking easier to understand? CONTACT. In addition, you should consensus standards adopted by the If you have any responses to these submit two copies, from which you Society of Automotive Engineers. questions, please include them in your have deleted the claimed confidential Accordingly, this proposed rule is in comments on this NPRM. business information, to Docket Management at the address given above compliance with Section 12(d) of J. Regulation Identifier Number (RIN) NTTAA. under ADDRESSES. When you send a The Department of Transportation comment containing information H. Unfunded Mandates Reform Act assigns a regulation identifier number claimed to be confidential business Section 202 of the Unfunded (RIN) to each regulatory action listed in information, you should include a cover Mandates Reform Act of 1995 (UMRA) the Unified Agenda of Federal letter setting forth the information requires Federal agencies to prepare a Regulations. The Regulatory Information specified in our confidential business written assessment of the costs, benefits, Service Center publishes the Unified information regulation. (49 CFR part and other effects of proposed or final Agenda in April and October of each 512) rules that include a Federal mandate year. You may use the RIN contained in Will the Agency Consider Late likely to result in the expenditure by the heading at the beginning of this Comments? State, local or tribal governments, in the document to find this action in the aggregate, or by the private sector, of Unified Agenda. We will consider all comments that more than $100 million in any one year K. Comments Docket Management receives before the (adjusted for inflation with base year of close of business on the comment 1995). Before promulgating a rule for How Do I Prepare and Submit closing date indicated above under which a written statement is needed, Comments? DATES. To the extent possible, we will section 205 of the UMRA generally Your comments must be written and also consider comments that Docket requires NHTSA to identify and in English. To ensure that your Management receives after that date. If consider a reasonable number of comments are correctly filed in the Docket Management receives a comment regulatory alternatives and adopt the Docket, please include the docket too late for us to consider it in least costly, most cost-effective, or least number of this document in your developing a final rule (assuming that burdensome alternative that achieves comments. one is issued), we will consider that the objectives of the rule. The Your comments must not be more comment as an informal suggestion for provisions of section 205 do not apply than 15 pages long. (49 CFR 553.21). We future rulemaking action.
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How Can I Read the Comments g. Revising paragraph (c) of S6.2, uu. Adding paragraphs S11 through Submitted by Other People? h. Revising paragraphs S6.4 and S11.3.24, You may read the comments received S6.4.2, vv. Adding paragraphs S12 through i. Revising paragraph (b) of S6.8.2, S12.27, by Docket Management at the address j. Redesignating paragraphs S6.9, ADDRESSES. ww. Revising newly redesignated given above under The S6.9.1, S6.9.2, and S6.9.3 as paragraphs hours of the Docket are indicated above paragraphs S13 and S13.2, and S6.11, S6.11.1, S6.11.2, and S6.11.3 and xx. Adding paragraph S13.4. in the same location. revising redesignated paragraph S6.11 You may also see the comments on The additions and revisions to and paragraph (c) of redesignated the Internet. To read the comments on § 571.106 would read as follows: S6.11.3, the Internet, take the following steps: k. Adding paragraphs S6.9 through § 571.106 Standard No. 106; Brake hoses. 1. Go to the Docket Management S6.9.2, * * * * * System (DMS) Web page of the l. Adding paragraphs S6.10 through Department of Transportation (http:// S4. Definitions. S6.10.2, * * * * * dms.dot.gov/) m. Adding paragraph S6.12, 2. On that page, click on ‘‘search.’’ n. Revising paragraphs (b), (d), and (e) Preformed means a brake hose that is 3. On the next page (http:// of S7.2.1, manufactured with permanent bends dms.dot.gov/search/), type in the four- o. Revising Table III, and is shaped to fit a specific vehicle digit docket number shown at the p. Revising paragraphs (b) and (d) of without further bending. beginning of this document. Example: If S7.2.2, * * * * * the docket number were ‘‘NHTSA– q. Revising paragraphs S7.3 and S5. Requirements—Hydraulic brake 1998–1234’’, you would type ‘‘1234’’. S7.3.1, hose, brake hose assemblies, and brake After typing the docket number, click on r. Revising paragraph S7.3.3, hose end fittings. ‘‘search.’’ s. Revising Table IV, * * * * * 4. On the next page, which contains t. Revising paragraphs S7.3.6 through S5.2.2 * * * docket summary information for the S7.3.11, docket you selected, click on the desired u. Adding paragraph S7.3.14, * * * * * comments. You may download the v. Revising paragraphs (c) and (d) of (b) A designation that identifies the comments. Although the comments are S8.2, manufacturer of the hose, which shall imaged documents, instead of word w. Revising paragraph (b) of S8.3.2, be filed in writing with: Office of processing documents, the ‘‘pdf’’ x. Revising the heading of paragraph Vehicle Safety Compliance, Equipment versions of the documents are word S8.6, Division NVS–222, National Highway searchable. y. Revising paragraph S8.7, Traffic Safety Administration, 400 Please note that even after the z. Adding paragraphs S8.7.1 and Seventh St. S.W., Washington, DC comment closing date, we will continue S8.7.2, 20590. The marking may consist of a to file relevant information in the aa. Revising paragraph S8.8, designation other than block capital Docket as it becomes available. Further, bb. Revising paragraph S8.9, letters required by S5.2.2. some people may submit late comments. introductory text, * * * * * cc. Adding paragraphs S8.13 through Accordingly, we recommend that you S5.2.4 * * * S8.15, periodically check the Docket for new dd. Revising paragraphs S9.2 through * * * * * material. S9.2.3, (b) A designation that identifies the List of Subjects in 49 CFR Part 571 ee. Revising paragraphs S9.2.7 and manufacturer of the hose assembly, S9.2.8, which shall be filed in writing with: Imports, Motor vehicle safety, Motor ff. Removing paragraph S9.2.9, Office of Vehicle Safety Compliance, vehicles, Rubber and rubber products, gg. Redesignating paragraphs S9.2.10 Equipment Division NVS–222, National and Tires. and S9.2.11 as paragraphs S9.2.9 and Highway Traffic Safety Administration, In consideration of the foregoing, S9.2.10, 400 Seventh St. S.W., Washington, DC NHTSA proposes to amend 49 CFR part hh. Revising paragraphs S10.1 and 20590. The designation may consist of 571 as follows: S10.2, block capital letters, numerals, or a ii. Revising paragraphs S10.6(a) and symbol. PART 571—FEDERAL MOTOR S10.7, VEHICLE SAFETY STANDARDS * * * * * jj. Redesignating Figure 3 as Figure 6, S5.3 Test Requirements. A hydraulic 1. The authority for part 571 would kk. Removing paragraph S10.8, brake hose assembly or appropriate part continue to read as follows: ll. Redesignating paragraphs S10.9, thereof shall be capable of meeting any S10.9.1, S10.9.2, and S10.10 as of the requirements set forth under this Authority: 49 U.S.C. 322, 30111, 30115, paragraphs S10.8, S10.8.1, S10.8.2, and 30166, and 30177; delegation of authority at heading, when tested under the S10.9, conditions of S13 and the applicable 49 CFR 1.50. mm. Revising paragraph (b) of newly procedures of S6. However, a particular 2. Section 571.106 would be amended redesignated paragraph S10.8.2, by: nn. Redesignating Figure 4 as Figure hose assembly or appropriate part a. Adding a new definition to 7 and adding it at the end of paragraph thereof need not meet further paragraph S4, S10.8.2(b), requirements after having been b. Revising paragraph (b) of S5.2.2, oo. Adding Figure 4, subjected to and having met the c. Revising paragraph (b) of S5.2.4, pp. Adding Figure 5, constriction requirement (S5.3.1) and d. Revising paragraphs S5.3 through qq. Adding Figure 8, any one of the requirements specified in S5.3.5, rr. Adding Figure 9, S5.3.2 through S5.3.13. e. Revising paragraphs S5.3.9 and ss. Adding paragraph S10.10, S5.3.1 Constriction. Except for that S5.3.11, tt. Redesignating paragraphs S11, part of an end fitting which does not f. Adding paragraphs S5.3.12 and S11.1, S11.2, and S11.3 as paragraphs contain hose, every inside diameter of S5.3.13, S13, S13.1, S13.2, and S13.3, any section of a hydraulic brake hose
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assembly shall be not less than 64 Appendix B of SAE Standard J1703 JAN the requirements of American Society percent of the nominal inside diameter 1995, ‘‘Motor Vehicle Brake Fluid.’’ It for Testing and Materials (ASTM) of the brake hose. (S6.12) shall then withstand water pressure of Standard Practices for Force Verification S5.3.2 Expansion and burst strength. 4,000 psi for 2 minutes and thereafter of Testing Machines, Designation E4–99, The maximum expansion of a hydraulic shall not rupture at less than 5,000 psi and provided with a recording device to brake hose assembly at 1,000 psi and (S6.2). give the total pull in pounds. 1,500 psi shall not exceed the values * * * * * * * * * * specified in Table I (S6.1). The S5.3.11 Dynamic ozone test. A S6.4.2 Operation. hydraulic brake hose assembly shall hydraulic brake hose shall not show (a) Conduct the slow pull test by then withstand water pressure of 4,000 cracks visible without magnification applying tension at a rate of 1 inch per psi for 2 minutes without rupture, and after having been subjected to a 48-hour minute travel of the moving head until shall not rupture at less than 7,000 psi dynamic ozone test (S6.9). 1 separation occurs. for a ⁄8 inch, 3 mm, or smaller diameter S5.3.12 High temperature impulse hose, or at less than 5,000 psi for a 3⁄16 test. A brake hose assembly tested under (b) Conduct the fast pull test by inch, 4 mm, or larger diameter hose the conditions in S6.10: applying tension at a rate of 2 inches per (S6.2). (a) shall withstand pressure cycling minute travel of the moving head until * * * * * for 150 cycles, at 295 °F without separation occurs. S5.3.4 Tensile strength. A hydraulic leakage; * * * * * brake hose assembly shall withstand a (b) shall not leak during a 2-minute, S6.8.2 Exposure to ozone. (a) * * * 4,000 psi pressure hold test, and; pull of 325 pounds without separation (b) Immediately thereafter, condition of the hose from its end fittings during (c) shall not burst at a pressure less the hose on the cylinder for 70 hours in a slow pull test, and shall withstand a than 5,000 psi. an exposure chamber having an ambient pull of 370 pounds without separation S5.3.13 End fitting corrosion air temperature of 104 °F during the test of the hose from its end fittings during resistance. After 24 hours of exposure to and containing air mixed with ozone in a fast pull test (S6.4). salt spray, a hydraulic brake hose end S5.3.5 Water absorption and tensile fitting shall show no base metal the proportion of 100 parts of ozone per strength. A hydraulic brake hose corrosion on the end fitting surface 100 million parts of air by volume. assembly, after immersion in water for except where crimping or the * * * * * 70 hours (S6.5), shall withstand a pull application of labeling information has S6.9 Dynamic Ozone Test. of 325 pounds without separation of the caused displacement of the protective S6.9.1 Apparatus. Utilize a test hose from its end fittings during a slow coating (S6.11). apparatus shown in Figure 3 which is pull test, and shall withstand a pull of S6. Test procedures—Hydraulic constructed so that: 370 pounds without separation of the brake hose, brake hose assemblies, and (a) It has a fixed pin with a vertical hose from its end fittings during a fast brake hose end fittings. orientation over which one end of the pull test (S6.4). * * * * * brake hose is installed. S6.2 Burst strength test. (a) * * * * * * * * (b) It has a movable pin that is S5.3.9 Brake fluid compatibility, (c) After 2 minutes at 4,000 psi, oriented 30 degrees from vertical, with constriction, and burst strength. Except increase the pressure at the rate of the top of the movable pin angled for brake hose assemblies designed for 15,000 psi per minute until the pressure towards the fixed pin. The moveable pin use with mineral or petroleum-based exceeds 5,000 psi for a hose of 3⁄16, 4 maintains its orientation to the fixed pin brake fluids, a hydraulic brake hose mm, or larger diameter, or 7,000 psi for throughout its travel in the horizontal assembly shall meet the constriction a hose of 1⁄8 inch, 3 mm, or smaller plane. The other end of the brake hose requirement of S5.3.1 after having been diameter. is installed on the movable pin. subjected to a temperature of 248 °F for * * * * * 70 hours while filled with SAE RM–66– S6.4 Tensile strength test. Utilize a Figure 3. Dynamic Ozone Test 05 Compatibility Fluid, as described in tension testing machine conforming to Apparatus
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S6.9.2 Preparation. assembly can be attached, with the (d) Remove the brake hose assembly (a) Precondition the hose assembly by entire hose assembly installed vertically from the oven, disconnect it from the laying it on a flat surface in an inside of a circulating air oven. The pressure cycling machine, and drain the unstressed condition, at room machine is capable of increasing the fluid from the hose. Cool the brake hose temperature, for 24 hours. pressure in the hose from zero psi to assembly at room temperature for 45 (b) Cut the brake hose assembly to a 1600 psi, and decreasing the pressure in minutes. length of 8.6 inches (218 mm), such that the hose from 1600 psi to zero psi, (e) Wipe the brake hose using acetone no end fittings remain on the cut hose. within 2 seconds. to remove residual Compatibility Fluid. (c) Mount the brake hose onto the test (b) A circulating air oven that can Conduct the burst strength test in S6.2. fixture by fully inserting the fixture pins reach a temperature of 295 °F within 30 S6.11 End fitting corrosion test. into each end of the hose. Secure the minutes, and that can maintain a Utilize the apparatus described in hose to the fixture pins using a band constant 295 °F thereafter, with the ASTM B117–97, ‘‘Standard Practice for clamp at each end of the hose. brake hose assembly inside of the oven Operating Salt Spray (Fog) Apparatus’’. (d) Place the test fixture into an ozone and attached to the pressure cycling * * * * * chamber. machine. S6.11.3 Operation. *** (e) Stabilize the atmosphere in the (c) A burst test apparatus to conduct * * * * * ozone chamber so that the ambient testing specified in S6.2. temperature is 104 °F and the air S6.10.2 Preparation. (c) Upon completion, remove the salt mixture contains air mixed with ozone (a) Connect one end of the hose deposit from the surface of the hose by washing gently or dipping in clean in the proportion of 100 parts of ozone assembly to the pressure cycling ° per 100 million parts of air by volume. machine and plug the other end of the running water not warmer than 100 F This atmosphere is to remain stable hose. Fill the pressure cycling machine and then drying immediately. throughout the remainder of the test. and hose assembly with SAE RM–66–05 * * * * * (f) Begin cycling the movable pin at a Compatibility Fluid, as described in S6.12 Constriction Test. rate of 0.3 Hz. Continue the cycling for Appendix B of SAE Standard J1703 JAN (a) Utilize a plug gauge as shown in 48 hours. 1995, and bleed all gases from the Figure 4. Diameter ‘‘A’’ is equal to 64 (g) At the completion of 48 hours of system. percent of the nominal inside diameter cycling, remove the test fixture from the (b) Place the brake hose assembly of the hydraulic brake hose being tested. ozone chamber. Without removing the inside of the circulating air oven in a (b) Brake hose assemblies that are to hose from the test fixture, visually vertical position. Increase the oven be used for additional testing have examine the hose for cracks without temperature to 295 °F and maintain this constriction testing only at each end magnification, ignoring areas temperature throughout the pressure fitting. Other brake hose assemblies may immediately adjacent to or within the cycling test. be cut into three inch lengths to permit area covered by the band clamps. (c) During each pressure cycle, the constriction testing of the entire Examine the hose with the movable pin pressure in the hose is increased from assembly. Hose assemblies with end at any point along its travel. zero psi to 1600 psi and held constant fittings that do not permit entry of the S6.10 High temperature impulse for 1 minute, then the pressure is gauge (e.g., restrictive orifice or banjo test. decreased from 1600 psi to zero psi and fitting) are cut three inches from the S6.10.1 Apparatus. held constant for 1 minute. Perform 150 point at which the hose terminates in (a) A pressure cycling machine to pressure cycles on the brake hose the end fitting and then tested from the which one end of the brake hose assembly. cut end.
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(c) Hold the brake hose in a straight than gravity acting on the plug gauge, the handle of the gauge. If the plug position and vertical orientation. this constitutes failure of the gauge does not fully enter the hose up (d) Place the spherical end of the plug constriction test. to the handle of the gauge within three gauge just inside the hose or end fitting. (e) Release the plug gauge. Within seconds, this constitutes failure of the If the spherical end will not enter the three seconds, the plug gauge shall fall constriction test. hose or end fitting using no more force under the force of gravity alone up to Figure 4. Constriction Test Plug Gauge
S7. Requirements—Air brake hose, Seventh St. SW., Washington, DC (e) The letter ‘‘A’’ shall indicate brake hose assemblies, and brake hose 20590. The designation may consist of intended use in air brake systems. In the end fittings. block capital letters, numerals, or a case of a hose intended for use in a * * * * * symbol. reusable assembly, ‘‘AI’’ or ‘‘AII’’ shall S7.2.1 Hose. *** * * * * * indicate Type I or Type II dimensional (d) The nominal inside diameter of characteristics of the hose as described * * * * * the hose expressed in inches or fractions in Table III. A hose that is intended to (b) A designation that identifies the of inches or in millimeters. The be used with more than one type of end manufacturer of the hose, which shall abbreviation ‘‘mm’’ shall follow hose fitting may be labeled with multiple be filed in writing with: Office of sizes that are expressed in millimeters. designations. (Examples: AI–AII, AI & 3 1 1 1 Vehicle Safety Compliance, Equipment (Examples: ⁄8, ⁄2 ( ⁄2SP in the case of ⁄2 AII.) Division NVS–222, National Highway inch special air brake hose), 4mm, Traffic Safety Administration, 400 6mm.)
TABLE III.—AIR BRAKE HOSE DIMENSIONS FOR REUSABLE ASSEMBLIES
Inside di- Type I outside diameter, Type II outside diameter, ameter tol- inches inches Size, inches erance, inches Minimum Maximum Minimum Maximum
3⁄16 ...... +0.026 0.472 0.510 0.500 0.539 ¥0.000 1⁄4 ...... +0.031 0.535 0.573 0.562 0.602 ¥0.000 5⁄16 ...... +0.031 0.598 0.636 0.656 0.695 ¥0.000 3⁄8 ...... ±0.023 0.719 0.781 0.719 0.781 7⁄16 ...... ±0.031 0.781 0.843 0.781 0.843 13⁄32 ...... +0.031 0.714 0.760 0.742 0.789 ¥0.000 1⁄2 ...... +0.039 0.808 0.854 0.898 0.945 ¥0.000 5⁄8 ...... +0.042 0.933 0.979 1.054 1.101 ¥0.000 1⁄2 special ...... ±0.031 0.844 0.906 0.844 0.906
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S7.2.2 End fittings. *** fractions of inches or in millimeters. then having been subjected to any one * * * * * (See examples in S7.2.1(d).) The of the requirements specified in S7.3.2 (b) A designation that identifies the abbreviation ‘‘mm’’ shall follow hose through S7.3.14. manufacturer of that component of the sizes that are expressed in millimeters. S7.3.1 Constriction. Every inside fitting, which shall be filed in writing * * * * * diameter of any section of an air brake with: Office of Vehicle Safety S7.3 Test requirements. Each air hose assembly shall not be less than 66 Compliance, Equipment Division NVS– brake hose assembly or appropriate part percent of the nominal inside diameter 222, National Highway Traffic Safety thereof shall be capable of meeting any of the brake hose. (S8.15) Administration, 400 Seventh St. SW., of the requirements set forth under this * * * * * Washington, DC 20590. The designation heading, when tested under the S7.3.3 Low temperature resistance. may consist of block capital letters, conditions of S13 and the applicable The inside and outside surfaces of an air numerals, or a symbol. procedures of S8. However, a particular brake hose shall not show cracks as a * * * * * hose assembly or appropriate part result of conditioning at minus 40 °F for (d) The nominal inside diameter of thereof need not meet further 70 hours when bent around a cylinder the hose to which the fitting is properly requirements after having met the having the radius specified in Table IV attached expressed in inches or constriction requirement (S7.3.1) and for the size of hose tested (S8.2).
TABLE IV.—AIR BRAKE HOSE DIAMETERS AND TEST CYLINDER RADII
Nominal hose diameter, inches 1 ...... 1⁄8 3⁄16 1⁄4 5⁄16 3⁄8 13⁄32 7⁄16, 1⁄2 5⁄8 Nominal hose diameter, millimeters 1 ...... 3 4, 5 6 8 ...... 10 12 16 Test cylinder radius for high temperature resistance test and ad- hesion test for wire reinforced hose, inches (mm) ...... 1 1 11⁄2 13⁄4 13⁄4 17⁄8 2 21⁄2 (25) (25) (38) (44) (44) (48) (51) (64) Test cylinder radius for low temperature resistance test and ozone test, inches (mm) ...... 11⁄2 2 21⁄2 3 31⁄2 (38) (51) (64) (76) 3 (89) (89) 4 41⁄2 (102) (114) 1 These sizes are listed to provide test values for brake hose manufactured in these sizes. They do not represent conversions.
* * * * * or 6 mm in nominal inside diameter All permanently-attached end fittings S7.3.6 Length Change. An airbrake (S8.9). are cut away from the hose. Cut through hose shall not contract in length more S7.3.11 Water absorption and tensile one wall of the hose longitudinally than 7 percent nor elongate more than strength. After immersion in distilled along its entire length. Unfold the hose 5 percent when subjected to air pressure water for 70 hours (S8.10), an air brake to permit examination of the interior of 200 psi (S8.5). hose assembly shall withstand, without surface. Visibly examine the interior of S7.3.7 Adhesion. (a) Except for hose separation of the hose from its end the hose for cracks without reinforced by wire, an air brake hose fittings, a pull of 250 pounds if it is 1⁄4 magnification. shall withstand a tensile force of 8 inch or less or 6 mm or less in nominal * * * * * pounds per inch of length before inside diameter, or a pull of 325 pounds S8.3.2 Measurement. separation of adjacent layers (S8.6). if it is larger than 1⁄4 inch or 6 mm in (b) An air brake hose reinforced by * * * * * nominal inside diameter (S8.9). (b) Immerse each specimen in ASTM wire shall permit a steel ball to roll * * * * * IRM 903 oil for 70 hours at 212 °F. and freely along the entire length of the S7.3.14 Ozone resistance. An air then cool in ASTM IRM 903 oil at room inside of the hose when the hose is brake hose assembly shall not show temperature for 30 to 60 minutes. subjected to a vacuum of 25 inches of cracks visible under 7-power Hg and bent around a test cylinder * * * * * magnification after exposure to ozone S8.6 Adhesion test for air brake hose (S8.13). for 70 hours at 104 °F when bent around S7.3.8 Flex strength and air pressure not reinforced by wire. a test cylinder of the radius specified in leakage. An air brake hose assembly of * * * * * Table IV for the size of hose tested the length specified in Table 5, when S8.7 Flex strength and air pressure (S8.14). subjected to a flex test and internal test. S8. Test procedures—Air brake hose, pressure cycling, shall be capable of S8.7.1 Apparatus. A flex testing brake hose assemblies, and brake hose having its internal pressure increased machine with a fixed hose assembly end fittings. from zero to 140 psi within 2 minutes attachment point and a movable hose with pressurized air supplied through * * * * * assembly attachment point, which an orifice (S8.7). S8.2 Low temperature resistance meets the dimensional requirements of S7.3.9 Corrosion resistance and test. Figure 5 for the size of hose being burst strength. An air brake hose * * * * * tested. The attachment points connect to assembly exposed to salt spray shall not (c) With the hose and cylinder at the end fittings on the hose assembly rupture when exposed to hydrostatic minus 40 °F, bend the hose 180 degrees without leakage and, after the hose pressure of 900 psi (S8.8). around the cylinder at a steady rate in assembly has been installed for the flex S7.3.10 Tensile strength. An air a period of 3 to 5 seconds. Remove the test, are restrained from rotation. The brake hose assembly shall withstand, hose from the test cylinder and visibly movable end has a linear travel of 6 without separation of the hose from its examine the exterior of the hose for inches and a cycle rate of 100 cycles per end fittings, a pull of 250 pounds if it cracks without magnification. minute. The machine is capable of is 1⁄4 inch or less or 6 mm or less in (d) Allow the hose to warm at room increasing the air pressure in the hose nominal inside diameter, or a pull of temperature for 2 hours. All reusable assembly from zero to 150 psi within 2 325 pounds if it is larger than 1⁄4 inch end fittings are removed from the hose. seconds, and decreasing the air pressure
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in the hose assembly from 150 to zero Figure 5. Flex Test Apparatus psi within 2 seconds.
TABLE ACCOMPANYING FIGURE 5
Dimensions Free hose length 27 Hose I.D., in (mm) Position ‘‘1’’ Position ‘‘2’’ (1.6mm) ‘‘A’’ ‘‘B’’ ‘‘C’’ ‘‘R’’ a ‘‘A’’ ‘‘B’’ ‘‘C’’ ‘‘R’’ a
10 in (254 3⁄16 (4.8 ); 1⁄4 (6.3) ...... 3 in (76 mm) 2.75 in (70 3.75 in (95 1.4 in (34 3 in (76 mm) 2.75 in (70 3.75 in (95 1.2 in 30 mm). mm). mm). mm). mm). mm). mm). 11 in (279 5⁄16 (7.9); 3⁄8 (9.7); 13⁄32 3 in (76 mm) 3.5 in (8.9 4⁄5 in (114 1.7 in (43 3 in (76 mm) 3.5 in (89 4.5 in (114 1.3 in (33 mm). (10.4). mm). mm). mm). mm). mm). mm). 14 in (355 7⁄16 (11.2); 1⁄2 (12.7; (5⁄8 3 in (76 mm) 4 in (102 4 in (127 2.2 in (56 3 in (76 mm) 4 in (102 5 in (127 1.8 in (46 mm). (16.0). mm). mm). mm). mm). mm). mm). a This is an approximate average radius.
8.7.2 Preparation. (a) Lay the hose on the hose in the uppermost position. hose assembly, while pressurized air material on a flat surface in an Attach the other end of the hose to the continues to be supplied through the unstressed condition. Apply a fixed attachment point allowing the orifice. permanent marking line along the hose to follow its natural curvature. S8.8 Corrosion resistance and burst centerline of the hose on the uppermost (f) Cycle the air pressure in the hose strength test. (a) Conduct the test surface. by increasing the pressure in the hose specified in S6.9 using an air brake hose (b) Prepare the hose assembly with a from zero psi to 150 psi and holding assembly. Remove the plugs from the free length as shown in Figure 5. The constant for one minute, then ends of the hose assembly. end fittings shall be attached according decreasing the pressure from 150 psi to (b) Fill the hose assembly with water, to the end fitting manufacturer’s zero psi and holding constant for one allowing all gases to escape. Apply instructions. minute. Continue the pressure cycling water pressure at a uniform rate of (c) Plug the ends of the hose assembly for the duration of the flex testing. Begin increase of approximately 1,000 psi per and conduct the salt spray test in S6.9 the flex testing by cycling the movable minute until the hose ruptures. using an air brake hose assembly. attachment point through 6 inches of S8.9 Tensile strength test. Utilize a Remove the plugs from the end fittings. travel at a rate of 100 cycles per minute. tension testing machine conforming to (d) Within 168 hours of completion of Stop the flex testing and pressure the requirements of American Society the salt spray test, expose the hose cycling after 1 million flex cycles have for Testing and Materials (ASTM) assembly to an air temperature of 212 °F been completed. for 70 hours, with the hose in a straight (g) Install an orifice with a hole Standard Practices for Force Verification position. Remove the hose and cool it at diameter of 0.0625 inches and a of Testing Machines, Designation E4–99, room temperature for 2 hours. Within thickness of 0.032 inches in the air and provided with a recording device to 166 hours, subject the hose to the pressure supply line to the hose register total pull in pounds. flexure test in (e). assembly. Provide a gauge or other * * * * * (e) Install the hose assembly on the means to measure air pressure in the S8.13 Adhesion test for air brake flex testing machine as follows. With hose assembly. Regulate the supply air hose reinforced by wire. (a) Place a steel the movable hose attachment point at pressure to the orifice to 150 psi. ball with a diameter equal to 75 percent the mid point of its travel, attach one (h) Apply 150 psi air pressure to the of the nominal inside diameter of the end of the hose to the movable orifice. After 2 minutes have elapsed, hose being tested inside of the hose. attachment point with the marked line measure the air pressure in the brake Plug one end of the hose. Attach the
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other end of the hose to a source of S9.2.1 Constriction. Except for that application of force shall not exceed a vacuum. part of an end fitting which does not peak value of 70 pounds, and the fifth (b) Subject the hose to a vacuum of 25 contain hose, every inside diameter of application of force shall reach a peak inches of Hg for five minutes. With the any section of a vacuum brake hose value of at least 40 pounds. In the case vacuum still applied to the hose, bend assembly shall be not less than 75 of light duty hose the first application the hose 180 degrees around a test percent of the nominal inside diameter of force shall not exceed a peak value cylinder of the size specified in Table IV of the hose if for heavy duty, or 70 of 50 pounds, and the fifth application for the hose being tested. At the location percent of the nominal inside diameter of force shall reach a peak value of at of this bend, bend the hose 180 degrees of hose if for light duty. (S10.10) least 20 pounds (S10.9). around the test cylinder in the opposite S9.2.2 High temperature resistance. S9.2.10 End fitting corrosion direction. A vacuum brake hose tested under the resistance. After 24 hours of exposure to (c) With the vacuum still applied to conditions specified in S10.1: salt spray, vacuum brake hose end the hose, return the hose to a straight (a) shall not have collapse of the fittings shall show no base metal position. Attempt to roll the ball inside outside diameter exceeding 10 percent corrosion of the end fitting surface the hose using gravity from one end of of the initial outside diameter for a except where crimping or the the hose to the other end. heavy-duty vacuum brake hose, or application of labeling information has S8.14 Ozone test. Conduct the test in exceeding 15 percent of the initial caused displacement of the protective S6.8 on an air brake hose assembly outside diameter for a light-duty coating. except use the test cylinder radius vacuum brake hose; S10. Test procedures—Vacuum brake specified in Table IV for the size of hose (b) shall not show external cracks, hose, brake hose assemblies, and brake tested. charring, or disintegration visible hose end fittings. S8.15 Constriction test. without magnification, and; S10.1 High temperature resistance (a) Utilize a plug gauge as shown in (c) shall not leak when subjected to a test. Figure 4. Diameter ‘‘A’’ shall be equal to hydrostatic pressure test. (a) Measure the initial outside 66 percent of the nominal inside S9.2.3 Low temperature resistance. diameter of the hose. diameter of the air brake hose being A vacuum brake hose tested under the (b) Subject the hose to an internal tested. conditions specified in S10.2 shall (b) Air brake hose assemblies that are vacuum of 26 inches of Hg at an (a) not show cracks visible without ° to be used for additional testing have ambient temperature of 257 F for a magnification after conditioning at constriction testing only at each end period of 96 hours. Remove the hose to minus 40 °F for 70 hours when bent fitting. Other hose assemblies may be room temperature and atmospheric around a cylinder having the radius cut into three inch lengths to permit pressure. specified in Table V for the size hose constriction testing of the entire (c) Within 5 minutes of completion of tested, and; the test in (b), measure the outside assembly. (b) not leak when subjected to a (c) Hold the brake hose in a straight diameter at the point of greatest collapse hydrostatic pressure test. position and vertical orientation. and calculate the percentage collapse (d) Place the spherical end of the plug * * * * * based on the initial outside diameter. gauge just inside the hose or end fitting. S9.2.7 Bend. The collapse of the (d) Cool the hose at room temperature If the spherical end will not enter the outside diameter of a vacuum brake for 5 hours. Bend the hose around a hose or end fitting using no more force hose, other than a preformed vacuum mandrel with a diameter equal to five than gravity acting on the plug gauge, brake hose, at the middle point of the times the initial outside diameter of the this constitutes failure of the test length when bent until the ends hose. Examine the exterior of the hose constriction test. touch shall not exceed the values given for cracks, charring, or disintegration (e) Release the plug gauge. Within in Table V for the size of hose tested. visible without magnification. Remove three seconds, the plug gauge shall fall (S10.6). the hose from the mandrel. under the force of gravity alone up to * * * * * (e) Fill the hose assembly with water, the handle of the gauge. If the plug S9.2.8 Swell and Adhesion. allowing all gases to escape. Apply gauge does not fully enter the hose up Following exposure to Reference Fuel B, water pressure in the hose of 175 psi to the handle of the gauge within three every inside diameter of any section of within 10 seconds. Maintain an internal seconds, this constitutes failure of the a vacuum brake hose shall not be less hydrostatic pressure of 175 psi for one constriction test. than 75 percent of the nominal inside minute and examine the hose for visible S9. Requirements—Vacuum brake diameter of the hose if for heavy duty, leakage. hose, brake hose assemblies, and brake or 70 percent of the nominal inside S10.2 Low temperature resistance hose end fittings. diameter of the hose if for light duty. test. * * * * * The vacuum brake hose shall show no (a) Conduct the test specified in S8.2 S9.2 Test requirements. Each leakage in a vacuum test of 26 inches of using vacuum brake hose with the vacuum brake hose assembly or Hg for 10 minutes. A vacuum hose that cylinder radius specified in Table V for appropriate part thereof shall be capable is constructed of two or more layers the size of hose tested. Visually inspect of meeting any of the requirements set shall withstand a force of 8 pounds per the exterior of the hose for cracks forth under this heading, when tested inch of length before separation of without magnification. under the conditions of S13 and the adjacent layers. (S10.7). (b) Remove the hose from the test applicable procedures of S10. However, S9.2.9 Deformation. A vacuum brake cylinder, warm the hose at room a particular hose assembly or hose shall return to 90 percent of its temperature for 5 hours, and conduct appropriate part thereof need not meet original outside diameter within 60 the hydrostatic pressure test in 10.1(e). further requirements after having met seconds after five applications of force * * * * * the constriction requirement (S9.2.1) as specified in S10.9, except that a wire- S10.6 Bend test. and then having been subjected to any reinforced hose need only return to 85 (a) Bend a vacuum brake hose, of the one of the requirements specified in percent of its original outside diameter. length prescribed in Table V, in the S9.2.2 through S9.2.10. In the case of heavy duty hose, the first direction of its normal curvature until
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the ends just touch as shown in Figure inside diameter to that specified in than gravity acting on the plug gauge, 6. Table VI (dimension D of Figure 7) for this constitutes failure of the * * * * * the size of hose tested. constriction test. S10.7 Swell and adhesion test. * * * * * (e) Release the plug gauge. Within (a) Fill a specimen of vacuum brake S10.10 Constriction test. three seconds, the plug gauge shall fall hose 12 inches long with ASTM (a) Utilize a plug gauge is shown in under the force of gravity alone up to Reference Fuel B as described in ASTM Figure 4. Diameter AA’’ shall be equal the handle of the gauge. If the plug D471–98e1 Standard Test Method for to 75 percent of the nominal inside gauge does not fully enter the hose up Rubber Property B Effect of Liquids. diameter of the vacuum brake hose (b) Maintain reference fuel in the hose being tested if it is heavy duty, or 70 to the handle of the gauge within three under atmospheric pressure at room percent of the nominal inside diameter seconds, this constitutes failure of the temperature for 48 hours. of the vacuum brake hose being tested constriction test. (c) Remove fuel and determine that if it is light duty. S11. Requirements—Plastic air brake every inside diameter of any section of (b) Vacuum brake hose assemblies tubing, plastic air brake tubing the brake hose is not less than 75 that are to be used for additional testing assemblies, and plastic air brake tubing percent of the nominal inside diameter have constriction testing only at each end fittings. of the hose for heavy-duty hose and 70 end fitting. Other hose assemblies may 11.1 Construction. Each plastic air percent of the nominal inside diameter be cut into three inch lengths to permit brake tubing assembly shall be equipped of the hose for light-duty hose. constriction testing of the entire with permanently attached brake hose (d) Attach the hose to a source of assembly. Hose assemblies with end end fittings or reusable brake hose end vacuum and subject it to a vacuum of fittings that do not permit entry of the fittings. Plastic air brake tubing that is 26 inches of Hg for 10 minutes. Remove gauge (e.g., restrictive orifice) are cut the hose from the vacuum source. three inches from the point at which the constructed of one layer of material (e) For a vacuum brake hose hose terminates in the end fitting and shall be designated as Type A tubing constructed of two or more layers, then tested from the cut end. and plastic air brake tubing that is conduct the test specified in S8.6 using (c) Hold the vacuum brake hose in a constructed of two layers of material the vacuum brake hose. straight position and vertical with a reinforcing braid between the * * * * * orientation. layers shall be designated as Type B S10.8.2 * * * (d) Place the spherical end of the plug tubing. Plastic air brake tubing shall * * * * * gauge just inside the hose or end fitting. conform to the dimensional (b) Apply gradually increasing force If the spherical end will not enter the requirements specified in Table VII. to the test specimen to compress its hose or end fitting using no more force (S12.1)
TABLE VII.—PLASTIC AIR BRAKE TUBING DIMENSIONS
Maximum out- Minimum outside Nominal inside Nominal wall Wall thickness Type Nominal tubing OD side diameter diameter diameter thickness tolerance mm inch mm inch mm inch mm inch mm inch
A ...... 1⁄8 inch ...... 3.25 0.128 3.10 0.122 2.01 0.079 0.58 0.023 ±0.08 ±0.003 A ...... 5⁄32 inch ...... 4.04 0.159 3.89 0.153 2.34 0.092 0.81 0.032 ±0.08 ±0.003 A ...... 3⁄16 inch ...... 4.83 0.190 4.67 0.184 2.97 0.117 0.89 0.035 ±0.08 ±0.003 A ...... 1⁄4 inch ...... 6.43 0.253 6.27 0.247 4.32 0.170 1.02 0.040 ±0.08 ±0.003 A ...... 5⁄16 inch ...... 8.03 0.316 7.82 0.308 5.89 0.232 1.02 0.040 ±0.10 ±0.004 B ...... 3⁄8 inch ...... 9.69 0.379 9.42 0.371 6.38 0.251 1.57 0.062 ±0.10 ±0.004 B ...... 1⁄2 inch ...... 12.83 0.505 12.57 0.495 9.55 0.376 1.57 0.062 ±0.10 ±0.004 B ...... 5⁄8 inch ...... 16.00 0.630 15.75 0.620 11.20 0.441 2.34 0.092 ±0.13 ±0.005 B ...... 3⁄4 inch ...... 19.18 0.755 18.92 0.745 14.38 0.566 2.34 0.092 ±0.13 ±0.005 A ...... 6 mm ...... 6.10 0.240 5.90 0.232 4.00 0.157 1.00 0.039 ±0.10 ±0.004 A ...... 8 mm...... 8.10 0.319 7.90 0.311 6.00 0.236 1.00 0.039 ±0.10 ±0.004 B ...... 10 mm...... 10.15 0.399 9.85 0.387 7.00 0.275 1.50 0.059 ±0.15 ±0.006 B ...... 12 mm ...... 12.15 0.478 11.85 0.466 9.00 0.354 1.50 0.059 ±0.15 ±0.006 B ...... 16 mm...... 16.15 0.635 15.85 0.623 12.00 0.472 2.00 0.079 ±0.15 ±0.006
S11.2 Labeling. (a) The symbol DOT, constituting a (c) The month, day, and year, or the S11.2.1 Plastic Air Brake Tubing. certification by the hose manufacturer month and year, of manufacture, Plastic air brake tubing shall be labeled, that the hose conforms to all applicable expressed in numerals. For example, 10/ or cut from bulk tubing that is labeled, motor vehicle safety standards. 1/96 means October 1, 1996. (d) The nominal outside diameter at intervals of not more than 6 inches, (b) A designation that identifies the expressed in inches or fractions of measured from the end of one legend to manufacturer of the tubing, which shall inches or in millimeters followed by the the beginning of the next, in block be filed in writing with: Office of letters OD. The abbreviation ‘‘mm’’ shall capital letters and numerals at least one- Vehicle Safety Compliance, Equipment follow tubing sizes that are expressed in eighth of an inch high, with the Division NVS–222, National Highway millimeters. (Examples: 3⁄8 OD, 6 mm information listed in paragraphs (a) Traffic Safety Administration, 400 OD.) through (e) of this section. The Seventh St. S.W., Washington, DC (e) The letter ‘‘A’’ shall indicate information need not be present on 20590. The designation may consist of intended use in air brake systems. tubing that is sold as part of a motor block capital letters, numerals, or a S11.2.2 End Fittings. Except for an vehicle. symbol. end fitting that is attached by
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deformation of the fitting about the means of labeling as specified in applicable procedures of S12. However, tubing by crimping or swaging, at least S11.2.3.1. The band may at the a particular tubing assembly or one component of each plastic air brake manufacturer’s option be attached so as appropriate part thereof need not meet tubing end fitting shall be etched, to move freely along the length of the further requirements after having met embossed, or stamped in block capital assembly, as long as it is retained by the the constriction requirement (S11.3.1) letters and numerals at least one- end fittings. The band shall be etched, and then having been subjected to any sixteenth of an inch high with the embossed, or stamped in block capital one of the requirements specified in following information: letters, numerals or symbols at least S11.3.2 through S11.3.24. (a) The symbol DOT, constituting a one-eighth of an inch high, with the S11.3.1 Constriction. Every inside certification by the manufacturer of that following information: component that the component (a) The symbol DOT, constituting diameter of any section of a plastic air conforms to all applicable motor vehicle certification by the tubing assembler brake tubing assembly shall not be less safety standards. that the tubing assembly conforms to all than 66 percent of the nominal inside (b) A designation that identifies the applicable motor vehicle safety diameter of the brake tubing. (S12.2) manufacturer of that component of the standards. S11.3.2 High temperature fitting, which shall be filed in writing (b) A designation that identifies the conditioning and dimensional stability. with: Office of Vehicle Safety manufacturer of the hose assembly, Plastic air brake tubing shall conform to Compliance, Equipment Division NVS– which shall be filed in writing with: the dimensions in Table VII after ° 222, National Highway Traffic Safety Office of Vehicle Safety Compliance, conditioning in air at 230 F for four Administration, 400 Seventh St. S.W., Equipment Division NVS–222, National hours. (S12.3) Washington, DC 20590. The designation Highway Traffic Safety Administration, S11.3.3 Boiling water conditioning may consist of block capital letters, 400 Seventh St. S.W., Washington, DC and dimensional stability. Plastic air numerals, or a symbol. 20590. The designation may consist of brake tubing shall conform to the (c) The letter ‘‘A’’ shall indicate block capital letters, numerals, or a dimensions in Table VII after intended use in air brake systems. symbol. conditioning in boiling water for two (d) The nominal outside diameter of S11.2.3.1 At least one end fitting of hours. (S12.4) the plastic tubing to which the fitting is a plastic air brake tubing assembly made S11.3.4 Moisture absorption. Plastic properly attached expressed in inches or with end fittings that are attached by air brake tubing shall not absorb fractions of inches or in millimeters crimping or swaging shall be etched, moisture in a quantity of more than 2 followed by the letters OD. The stamped, or embossed with a percent by weight after conditioning in abbreviation ‘‘mm’’ shall follow tubing designation at least one-sixteenth of an ° sizes that are expressed in millimeters. inch high that identifies the air at 230 F for 24 hours and then conditioning in a 100 percent relative (See examples in S11.2.1(d).) manufacturer of the tubing assembly ° S11.2.3. Assemblies. Each plastic air and is filed in accordance with humidity atmosphere at 75 F for 100 brake tubing assembly made with end S11.2.3(b). hours. (S12.5) fittings that are attached by crimping or S11.3 Test requirements. Each S11.3.5 Burst strength. Plastic air swaging, except those sold as part of a plastic air brake tubing assembly or brake tubing shall not rupture or burst motor vehicle, shall be labeled by means appropriate part thereof shall be capable when subjected to the burst strength of a band around the brake tubing of meeting any of the requirements set pressure in Table VIII for the size of assembly as specified in this paragraph forth under this heading, when tested tubing being tested, when tested at an or, at the option of the manufacturer, by under the conditions of S13 and the ambient temperature of 75 °F. (S12.6)
TABLE VIII.—PLASTIC AIR BRAKE TUBING MECHANICAL PROPERTIES
Burst strength Stiffness force Bend radius Tensile load Type Nominal tubing OD pressure kPa psi N lbf mm inches N lbf
A ...... 1⁄8 inch ...... 6900 1000 4.4 1.0 9.4 0.37 67 15 A ...... 5⁄32 inch ...... 8300 1200 4.4 1.0 12.7 0.50 178 40 A ...... 3⁄16 inch ...... 8300 1200 4.4 1.0 19.1 0.75 178 40 A ...... 1⁄4 inch ...... 8300 1200 8.9 2.0 25.4 1.00 222 50 A ...... 5⁄16 inch ...... 6900 1000 27.0 6.0 31.8 1.25 334 75 B ...... 3⁄8 inch ...... 9700 1400 36.0 8.0 38.1 1.50 6671 50 B ...... 1⁄2 inch ...... 6600 950 89.0 20.0 50.8 2.00 890 200 B ...... 5⁄8 inch ...... 6200 900 222.0 50.0 63.5 2.50 1446 325 B ...... 3⁄4 inch ...... 5500 800 356.0 80.0 76.2 3.00 1557 350 A ...... 6 mm ...... 7600 1100 9.0 2.0 20.0 0.75 222 50 A ...... 8 mm ...... 6200 900 27.0 6.0 32.0 1.25 334 75 B ...... 10 mm ...... 8200 1200 36.0 8.0 38.0 1.50 667 150 B ...... 12 mm ...... 6900 1000 90.0 20.0 45.0 1.75 890 200 B ...... 16 mm ...... 6000 875 225.0 50.0 70.0 2.75 1446 325
S11.3.6 Ultraviolet light resistance. hours and then impacted with a one without magnification as a result of Plastic air brake tubing shall not rupture pound weight dropped from a height of conditioning in air at 230 °F for 24 or burst when subjected to 80 percent of 12 inches. (S12.7) hours, and then conditioning in air at the burst strength pressure in Table VIII S11.3.7 Low temperature flexibility. minus 40 °F for four hours, and then for the size of tubing being tested, after The outer surface of plastic air brake bending the tubing 180 degrees around being exposed to ultraviolet light for 300 tubing shall not show cracks visible a test cylinder having a radius equal to
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six times the nominal outside diameter S11.3.14 High temperature Table VIII without separation from its of the tubing. (S12.8) conditioning and stiffness. Plastic air end fittings, with one end of the S11.3.8 High temperature flexibility. brake tubing shall require not more than assembly conditioned in boiling water Plastic air brake tubing shall not rupture the stiffness force specified in Table VIII for 5 minutes. (S12.21) or burst when subjected to 80 percent of to deflect 2 inches, when tested using S11.3.21 Thermal conditioning and the burst strength pressure in Table VIII the apparatus in Figure 9, after tensile strength. A plastic air brake for the size of tubing being tested, after conditioning in air at 230 °F for 24 tubing assembly when subjected to a the tubing has been: hours with the tubing supported in a tensile pull test shall either elongate 50 (a) conditioned in air at 230 °F for 72 straight position. (S12.15) percent or withstand the tensile strength hours while bent 180 degrees around a S11.3.15 High temperature in Table VIII without separation from its cylinder having a radius of two times conditioning and adhesion. Type B end fittings after the assembly has been the nominal outside diameter of the plastic air brake tubing shall have a subjected to four cycles of conditioning tubing; and tensile strength of 25 pounds per linear in air at minus 40 °F for thirty minutes, (b) cooled to room temperature while inch, measured at the interface of the normalizing at room temperature, remaining on the cylinder, then inner and outer layers, after conditioning in boiling water for 15 straightened; and conditioning as specified in S11.3.8(a) minutes, and normalizing at room (c) bent 180 degrees around the through (c). (S12.16) temperature. (S12.22) cylinder in the opposite direction of the S11.3.16 High temperature S11.3.22 Vibration resistance. A first bending. (S12.9) conditioning and collapse resistance. plastic air brake tubing assembly with The collapse of the outside diameter of S11.3.9 High temperature resistance. an internal air pressure of 120 psi shall plastic air brake tubing shall not exceed 3 Plastic air brake tubing shall not rupture not leak more than 50 cm per minute twenty percent of the original outside ° or burst when subjected to 80 percent of at a temperature of minus 40 F and 25 diameter when bent 180 degrees on a 3 the burst strength pressure in Table VIII cm per minute at a temperature of 75 holding fixture to the bend radius ° for the size of tubing being tested, after F, after the assembly has been specified in Table VIII and conditioned subjected to 1,000,000 cycles of the tubing has been conditioned in air ° ° in air at 200 F for 24 hours. (S12.17) vibration testing with one end of the at 230 F for 72 hours. (S12.10) S11.3.17 Ozone resistance. The S11.3.10 High temperature assembly fixed and the other end outer surface of plastic air brake tubing stroked 1⁄2-inch at 600 cycles per conditioning, low temperature impact shall not show cracks visible under 7- resistance. Plastic air brake tubing shall minute. In addition, end fittings that use power magnification after exposure to a threaded retention nut shall retain at not rupture or burst when subjected to ° ozone for 70 hours at 104 F. (S12.18) least 20 percent of the original retention 80 percent of the burst strength pressure S11.3.18 Oil resistance. Plastic air in Table VIII for the size of tubing being nut tightening torque upon completion brake tubing shall not rupture or burst of the vibration testing. The vibration tested, after the tubing has been when subjected to 80 percent of the conditioned in air at 230 °F for 24 test shall be conducted in an burst strength pressure in Table VIII for environmental chamber and the air hours, then conditioned in air at minus the size of tubing being tested, after the 40 °F for 4 hours and impacted with a temperature shall be cycled between tubing has been conditioned in ASTM minus 40 °F and 220 °F during the test. one pound weight dropped from a IRM 903 oil at 212 °F for 70 hours. height of 12 inches. (S12.11) (S12.23) (S12.19) S11.3.23 End fitting retention. The S11.3.11 Boiling water conditioning, S11.3.19 Tensile strength. A plastic end fittings of a plastic air brake tubing low temperature impact resistance. air brake tubing assembly designed for assembly shall not separate from the Plastic air brake tubing shall not rupture use between frame and axle or between tubing or leak when the assembly is or burst when subjected to 80 percent of a towed and a towing vehicle shall filled with hydraulic fluid and the burst strength pressure in Table VIII withstand, without separation of the pressurized to the burst strength for the size of tubing being tested, after tubing from its end fittings, a pull of 250 3 pressure in Table VIII. (S12.24) the tubing has been conditioned in pounds if it is ⁄8 inch or less or 10 mm S11.3.24 Thermal conditioning and boiling water for two hours, then or less in nominal outside diameter, or ° end fitting retention. The end fittings of conditioned in air at minus 40 F for 4 a pull of 325 pounds if it is larger than a plastic air brake tubing assembly shall 3 hours, and then impacted with a one ⁄8 inch or 10 mm in nominal outside not separate from the tubing or leak pound weight dropped from a height of diameter. A plastic air brake tubing when filled with hydraulic fluid and: 12 inches. (S12.12) assembly designed for use in any other (a) conditioned in air at 200 °F for 24 S11.3.12 Zinc chloride resistance. application shall withstand, without hours with atmospheric pressure inside The outer surface of plastic air brake separation of the hose from its end the tubing assembly, and; tubing shall not show cracks visible fittings, a pull of 35 pounds if it is 1⁄8 (b) maintaining an air temperature of under 7-power magnification after inch or 3 mm or less in nominal outside 200 °F and increasing the pressure immersion in a 50 percent zinc chloride diameter, 40 pounds if it is 5⁄32 inch or inside the tubing assembly to 450 psi, aqueous solution for 200 hours while 4 mm in nominal outside diameter, 50 and holding this pressure for five bent around a cylinder having a radius pounds if it is 3⁄16 to 3⁄8 inch or 5 mm minutes, and; of two times the nominal outside to 10 mm in nominal outside diameter, (c) reducing the internal tubing diameter of the tubing. (S12.13) 150 pounds if it is 1⁄2 to 5⁄8 inch or 11 assembly pressure to atmospheric and S11.3.13 Methyl alcohol resistance. mm to 16 mm in nominal outside permitting the tubing assembly to cool The outer surface of plastic air brake diameter, or 325 pounds if it is larger at 75 NF for 1 hour, and; tubing shall not show cracks visible than 5⁄8 inch or 16 mm in nominal (d) conditioning the tubing assembly under 7-power magnification after outside diameter. (S12.20) in air at minus 40 °F for 24 hours with immersion in a 95 percent methyl S11.3.20 Boiling water conditioning atmospheric pressure inside the tubing alcohol aqueous solution for 200 hours and tensile strength. A plastic air brake assembly, and; while bent around a cylinder having a tubing assembly when subjected to a (e) maintaining an air temperature of radius of two times the nominal outside tensile pull test shall either elongate 50 minus 40 °F and increasing the pressure diameter of the tubing (S12.14) percent or withstand the tensile load in inside the tubing assembly to 450 psi,
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and holding this pressure for five (a) Utilize a pot constructed of a non- light conditioning of plastic air brake minutes. (S12.25) reactive material and fill with distilled tubing. The machine shall be equipped S11.3.24 End fitting corrosion water. with fluorescent UVA–340 light bulbs resistance. After 24 hours of exposure to (b) Cut the tubing to a length that will and automatic irradiance control. Also salt spray, air brake hose end fittings fit into the pot without touching any utilize an impact test apparatus as shall show no base metal corrosion on surface of the pot. Slip the tubing over shown in Figure 8. the end fitting surface except where a stainless steel wire for positioning it (b) Test Standards. The testing is in crimping or the application of labeling in the pot. accordance with American Society for information causes a displacement of (c) Bring the water to a boil. Place the Testing and Materials (ASTM) G154–00 the protective coating. (S12.26) tubing in the water and position it so Standard Practice for Operating Light S12. Test procedures—Plastic air that it does not touch the pot. Boil the Apparatus for UV Exposure of brake tubing, plastic air brake tubing tubing for two hours. Replenish the Nonmetallic Materials; ASTM G151–97 assemblies, plastic air brake tubing end water as necessary, adding it slowly so Standard Practice for Exposing fittings. that the water in the pot boils Nonmetallic Materials in Accelerated S12.1 Air brake tubing dimensions. continuously. Test Devices that Use Laboratory Light (d) Remove the tubing from the water Measure the tubing dimensions Sources, and; ASTM D4329–99 and allow to cool at room temperature including wall thickness, inside Standard Practice for Fluorescent UV for 30 minutes. Wipe off any water that diameter, and outside diameter, using Exposure of Plastics. appropriate metrology apparatus such as remains on the tubing. micrometers, dial indicators and gauge (e) Measure the dimensions of the (c) Preparation. blocks, or optical comparators. To tubing using the procedure in S12.1. (i) Utilize a 12 inch length of plastic account for slight out-of-round S12.5 Moisture absorption test. air brake tubing. Mask 1 inch of each conditions, diameter measurements may (a) Prepare a sample of tubing twelve end of the tubing where end fittings will be calculated using the average of the inches in length. be attached using opaque tape. (b) Condition the tubing at 230 °F for major and minor diameters. (ii) Attach the tubing to the test rack S12.2 Constriction test. 24 hours in an air oven. Remove the tubing from the oven and within 30 of the machine, securing it at the ends (a) Utilize a plug gauge as shown in along the masked sections. Wipe the Figure 4. Diameter ‘‘A’’ shall be equal to seconds, weigh it to establish the initial weight. The weight shall be measured outside surface of the tubing with 66 percent of the nominal inside acetone to remove any surface diameter of the plastic air brake tubing with a resolution of 0.01g; if the scale has a higher resolution, then values of contaminants. Place the tubing and rack being tested. in the accelerated weathering test (b) Tubing assemblies that are to be 0.005g and above shall be rounded to machine so that the center of the tubing used for additional testing shall have the nearest 0.01g and values below assembly is approximately in the center constriction testing only at each end 0.005g shall be truncated. of the UV light exposure area of the test fitting. Other tubing assemblies may be (c) Place the tubing in an machine and the longitudinal axis of the cut into three inch lengths to permit environmental chamber and condition it tubing is parallel to the fluorescent bulb. constriction testing of the entire for 100 hours at 100 percent relative ° (If multiple plastic brake tubing assembly. humidity and a temperature of 75 F. assemblies are tested, then their (c) Hold the tubing in a straight (d) Remove the tubing from the position in the machine should be position and vertical orientation. chamber within a period of 5 minutes, (d) Place the spherical end of the plug remove all surface moisture from the rotated according to ASTM D4329–99 gauge just inside the tubing. If the tubing using cloth and weigh the tubing S7.4.1, except the rotation is each 96 spherical end will not enter the tubing to establish the conditioned weight. hours instead of weekly.) The distance or end fitting using no more force than Weight shall be measured to the nearest from the light bulb to the tubing is 0.01g as in (b) above. approximately 2 inches. Set the UV gravity acting on the plug gauge, this 2 constitutes failure of the constriction (e) Calculate percentage of moisture irradiance to 0.85 W/m @ 340 nm and test. absorption as follows: maintain this level during the testing. [Conditioned Weight¥Initial Weight] ÷ Maintain a temperature inside the test (e) Release the plug gauge. Within ° three seconds, the plug gauge shall fall [Initial Weight] × 100 chamber of 113 F, and use only under the force of gravity alone up to S12.6 Burst strength test. atmospheric humidity. Expose the the handle of the gauge. If the plug (a) Utilize an air brake tubing tubing at this UV irradiance level for gauge does not fully enter the tubing up assembly or prepare a 12 inch length of 300 hours continuously. Remove the to the handle of the gauge within three tubing and install end fittings according tubing from the test chamber. seconds, this constitutes failure of the to the end fitting manufacturer’s (iii) Place the tubing inside the impact constriction test. instructions. test apparatus, and drop the impacter S12.3 High temperature (b) Connect one end of the tubing onto the tubing from a height of 12 conditioning and dimensional stability assembly to a source of air pressure and inches. test. plug the other end. ° (iv) Remove the masking material (a) Condition the tubing at 230 F for (c) Increase the pressure inside the from the ends of the tubing. Install end 4 hours in an air oven. tubing assembly at a constant rate to the fittings according to the end fitting (b) Remove the tubing from the oven burst strength pressure for the size of manufacturer’s instructions. Conduct and allow to cool at room temperature tubing being tested as specified in Table the burst strength test in S12.6 using 80 for 30 minutes. VIII within a period of 5 seconds. percent of the burst strength pressure for (c) Measure the dimensions of the S12.7 Ultraviolet light resistance the size of tubing being tested as tubing using the procedure in S12.1. test. specified in Table VIII. S12.4 Boiling water conditioning (a) Apparatus. An accelerated and dimensional stability test. weathering test machine for ultraviolet Figure 8. Impact Test Apparatus
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TABLE ACCOMPANYING FIGURE 8 S12.8 Low temperature flexibility (a) Utilize a cylinder having a radius test. of two times the nominal outside Nominal tube Hole DIA D Hole DIA D (a) Utilize a cylinder having a radius diameter of the tubing. O.D. (mm) (in) of six times the nominal outside (b) Bend the tubing 180 degrees around the cylinder and hold in place 1 diameter of the tubing. ⁄8 in ...... 3.96 0.156 with a clamp or other suitable support, 5 (b) Condition the tubing in an air oven ⁄32 in ...... 4.75 0.187 applying only enough force on the 3 at 230 °F for 24 hours. Remove from the ⁄16 in ...... 5.54 0.218 tubing to hold it in position. 1⁄4 in ...... 7.14 0.281 oven and cool at room temperature for (c) Condition the tubing and cylinder 5⁄16 in ...... 8.71 0.343 30 minutes. in an air oven at 230 °F for 72 hours. 3⁄8 in ...... 10.31 0.406 (c) Condition the cylinder and the Remove the tubing and cylinder from 1⁄2 in ...... 13.49 0.531 tubing in an environmental chamber at the oven and cool at room temperature 5⁄8 in ...... 16.66 0.656 ° minus 40 F for four hours. for two hours. 3⁄4 in ...... 20.32 0.800 (d) With the tubing and test cylinder 6 mm ...... 6.80 0.268 (d) Remove the clamps or supports at minus 40 °F, bend the tubing 180 8 mm ...... 8.80 0.346 from the tubing and straighten the degrees around the cylinder at a steady 10 mm ...... 10.80 0.425 tubing at a steady rate in a period of 4 rate in a period of 4 to 8 seconds. 12 mm ...... 12.80 0.504 to 8 seconds. 16 mm ...... 16.80 0.661 S12.9 High temperature flexibility (e) Rebend the tubing 180 degrees test. around the mandrel, at the same point
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but in the opposite direction of the (c) Condition the tubing and the constructed of non-reactive materials, bending in (b) above, at a steady rate in impact test apparatus in an applying only enough force on the a period of 4 to 8 seconds. environmental chamber at minus 40 °F tubing to hold it in position. (f) Conduct the burst strength test in for 4 hours. (c) Immerse the tubing and cylinder in S12.6 using 80 percent of the burst (d) With the tubing and impact test ° a 95 percent methyl alcohol aqueous strength pressure for the size of tubing apparatus at minus 40 F, place the solution at room temperature for 200 being tested as specified in Table VIII. tubing inside the apparatus and drop hours. S12.10 High temperature resistance the impacter onto the tubing from a test. Condition the tubing in an air oven height of 12 inches. Remove the tubing (d) Remove the tubing and cylinder at 230 °F for 72 hours. Remove the from the chamber and allow to warm at from the solution. While still on the test tubing and allow to cool at room room temperature for one hour. cylinder, inspect the tubing under 7- temperature for 30 minutes. Conduct the (e) Conduct the burst strength test in power magnification for cracks. burst strength test in S12.6 using 80 S12.6 using 80 percent of the burst S12.15 High temperature percent of the burst strength pressure for strength pressure for the size of tubing conditioning and stiffness. the size of tubing being tested as being tested as specified in Table VIII. (a) Apparatus. Use a flexibility test specified in Table VIII. S12.13 Zinc chloride resistance test. S12.11 High temperature device shown in Figure 9 with a spring (a) Utilize a cylinder having a radius scale or force transducer to measure the conditioning, low temperature impact of two times the nominal outside resistance test. force applied to the tubing during diameter of the tubing. The cylinder is bending. (a) Apparatus. Utilize an impact test constructed of a non-reactive material or apparatus as shown in Figure 8. coated to prevent chemical reaction (b) Prepare an 11-inch long length of (b) Condition the tubing in an air oven with zinc chloride. tubing. Insert a metal rod 12 inches long at 230 °F for 72 hours. Remove the (b) Bend the tubing 180 degrees of suitable diameter to provide a slip fit tubing and allow to cool at room around the cylinder and hold in place inside the tubing, and insert it in the temperature for 30 minutes. with a clamp or other suitable support tubing to hold it in a straight position (c) Condition the tubing and the within 1⁄8 inch of true straightness. impact test apparatus in an constructed of non-reactive materials, ° applying only enough force on the (c) Condition the tubing in an air oven environmental chamber at minus 40 F ° for 4 hours. tubing to hold it in position. at 230 F for 24 hours. Remove the (d) With the tubing and impact test (c) Immerse the tubing and cylinder in tubing and allow to cool at room apparatus at minus 40 °F, place the a 50 percent zinc chloride aqueous temperature for two hours. tubing inside the apparatus and drop solution at room temperature for 200 (d) Remove the metal rod from the the impacter onto the tubing from a hours. tubing and place the tubing in the height of 12 inches. Remove the tubing (d) Remove the tubing and cylinder flexibility test device, with the tubing from the chamber and allow to warm at from the solution. While still on the test centered on the device and clearance room temperature for one hour. cylinder, inspect the tubing under 7- removed between tubing and the pins (e) Conduct the burst strength test in power magnification for cracks. and cylinder of the test device.. Mark S12.6 using 80 percent of the burst S12.14 Methyl alcohol resistance. the location of each end of the tubing. strength pressure for the size of tubing (a) Utilize a cylinder having a radius Pull on the device until both ends of the being tested as specified in Table VIII. of two times the nominal outside tubing have deflected 2 inches from the S12.12 Boiling water conditioning, diameter of the tubing. The cylinder is original position. Record the force low temperature impact resistance test. constructed of a non-reactive material or applied to the device and verify that it (a) Apparatus. Utilize an impact test coated to prevent chemical reaction does not exceed the stiffness force in apparatus as shown in Figure 8. with methyl alcohol. Table VII for the size of tubing being (b) Condition the tubing in boiling (b) Bend the tubing 180 degrees tested. water using the test in S12.4(a) through around the cylinder and hold in place (d). with a clamp or other suitable support Figure 9. Stiffness Test Apparatus
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S12.16 High temperature (b) Cut a test specimen of 1 inch in force for the duration of the test. The conditioning and adhesion test. length from a section of tubing that was specimen is permitted to separate a S12.16.1 Apparatus. A tension subjected to bending in (a). small amount until the inner and outer testing machine that conforms to the (c) Cut the specimen longitudinally layer interface becomes fully engaged requirements of American Society for along its entire length so that one wall and a continuous line of reinforcing Testing and Materials (ASTM) Standard of the tubing is completely cut through. braid is not present at the layer Practices for Force Verification of Along one edge of the specimen interface. The layers of the specimen Testing Machines, Designation E4–99. resulting from this cut, use a sharp knife shall not separate thereafter. The machine shall have one movable and cut the tubing at the interface of the S12.17 High temperature and one fixed jaw suitable for clamping inner and outer layers until two flaps of conditioning and collapse resistance small sections of plastic air brake tubing material are created that are large test. enough to be clamped in the tension material. The machine produces a chart testing machine. One flap consists of (a) Apparatus. A holding device with or has a recording device providing material from the inner layer and one two vertical pins, the distance between displacement as one coordinate and flap consists of material from the outer which can be adjusted by moving one or tensile force as the other. layer. both pins. The bottoms of the pins are S12.16.2 Preparation. (d) Mount the specimen in the tension attached to the device and remain in a (a) Subject the tubing to the bending testing machine by clamping one flap in horizontal plane. The diameter of the and temperature conditioning tests each jaw. Apply a tensile force of 25 pins is approximately the same as the specified in S12.9 (a) through (e). pounds to the flaps of the specimen in inside diameter of the size of tubing to a period of 5 seconds and maintain this be tested, and is 1 inch in length.
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(b) Preparation. (i) Use the bend S12.21 Boiling water conditioning being tested is reached or the free length radius for the size of tubing being tested and tensile strength. of the tubing assembly reaches 9 inches, from Table VIII and cut the tubing to the (a) Apparatus. Use the tension testing whichever occurs first. following length: machine specified in S8.9. Equip the S12.23 Vibration resistance test. 3.14 × [bend radius]] + [10 × [nominal lower attachment point of the machine (a) Apparatus. A vibration testing tubing OD]] + 2 inches with a heated, open-top container. The machine that supports a brake tubing or container acts as the lower attachment assembly by its end fittings in [3.14 × [bend radius]] + [10 × [nominal point for a brake tubing assembly, or it approximately a straight line and tubing OD]] + 50 mm may have a hole in the bottom for the includes the following features: (i) One tubing assembly attachment (ii) Place a reference mark at the lower attachment point of the machine point is fixed and the other moves in a center of the sample. At this mark, to pass through the container provided plane perpendicular to a line projected measure the initial outside diameter of that the hole is sealed water-tight to the the tubing. If the tubing is slightly out- machine. between the attachment points. The (b) Preparation. Prepare an air brake of-round, use the minor diameter as the movable attachment point moves in a tubing assembly with a free length of six 1 2 initial outside diameter. linear direction and travels ⁄ inch total (iii) Install the tubing completely over inches in accordance with the end and at its midpoint of travel falls on a the pins of the holding device so that fitting manufacturer’s instructions. The line projected between the attachment the tubing is bent 180 degrees. Adjust free length is measured from the points. The movable attachment point the distance between the pins until the innermost crimp, ferrule, taper, or other has a cycle rate of 600 cycles per bent radius of the tubing is mechanical joint that secures the fitting minute. approximately equal to the bend radius to the tubing and spring guards and (i) The distance between the for the size of tubing being tested from other appurtenances are disregarded for attachment points is adjustable to Table VIII. measurement purposes. Install the compensate for varying lengths of brake (iv) Condition the holding device and tubing assembly on the tension testing tubing assemblies. tubing in an air oven at 230 °F for 24 machine with the lower fitting plugged (ii) The actuating mechanism for the hours. Remove the holding device and to prevent water from entering the movable attachment point is balanced to tubing and allow to cool at room tubing. Fill the container with distilled prevent introduction of machine temperature for thirty minutes. water so that 4 inches of exposed tubing vibration into the brake tubing (v) With the tubing still mounted to is submerged. Heat the water until it assembly. the holding device, measure the minor boils. After the water has boiled (iii) The machine has a compressed diameter of the tubing at the reference continuously for 5 minutes, apply air supply system that pressurizes the mark to determine the final outside tension to the tubing assembly at a rate air brake tubing assembly through one diameter. of 1 inch per minute travel of the fitting while the other fitting is plugged. (c) Calculation. Calculate the moving head until either the tensile The machine’s compressed air supply percentage collapse of the outside load in Table VIII for the size of tubing system includes a pressure gauge or diameter of the tubing as follows: being tested is reached or the free length monitoring system and an air flow [Initial Outside Diameter ¥ Final of the tubing assembly reaches 9 inches, meter. Outside Diameter] ÷ [Initial Outside whichever occurs first. (iv) The machine is constructed so Diameter] × 100 S12.22 Thermal conditioning and that an air brake tubing assembly mounted on it can be conditioned in an S12.18 Ozone resistance test. tensile strength. environmental test chamber. Conduct the test specified in S6.8 using (a) Apparatus. Use the tension testing (b) Preparation. (i) Prepare an air plastic air brake tubing. machine specified in S8.9. brake tubing assembly with a free length S12.19 Oil resistance test. (b) Preparation. Prepare an air brake (a) Utilize a plastic air brake tubing tubing assembly with a free length of six of eighteen inches in accordance with assembly or prepare a 12 inch length of inches in accordance with the end the end fitting manufacturer’s tubing and install end fittings according fitting manufacturer’s instructions. The instructions. The free length is to the end fitting manufacturer’s free length is measured from the measured from the innermost crimp, instructions. innermost crimp, ferrule, taper, or other ferrule, taper, or other mechanical joint (b) Immerse the tubing assembly in mechanical joint that secures the fitting that secures the fitting to the tubing and ASTM 903 oil at 212 °F for 70 hours. to the tubing and spring guards and spring guards and other appurtenances Remove and allow to cool at room other appurtenances are disregarded for are disregarded for measurement temperature for 30 minutes. Wipe any measurement purposes. Subject the purposes. excess oil from the tubing assembly. tubing assembly to four complete cycles (ii) Install the air brake tubing (c) Connect one end of the tubing of the following sequence: assembly on the vibration testing assembly to a source of air pressure and (i) Condition the tubing assembly in machine and, with the movable plug the other end. an environmental chamber at minus 40 attachment point at the midpoint of its (d) Increase the pressure inside the °F for 30 minutes. Remove from the travel, adjust the distance between the tubing assembly at a constant rate to 80 chamber and allow to warm at room attachment points so that they are 1⁄2 percent of the burst strength pressure for temperature for 30 minutes. inch closer together than the distance at the size of tubing being tested as (ii) Condition the tubing assembly by which the tubing assembly is taut. specified in Table VIII within a period submerging it in boiling water for 15 (iii) With the tubing assembly inside of 5 seconds. minutes. Remove and allow to cool at the environmental chamber, supply S12.20 Tensile strength test. room temperature for 30 minutes. compressed air to the tubing assembly at Conduct the test specified in S6.9 using Install the tubing assembly on the a pressure of 120 psig and maintain this a plastic air brake tubing assembly or an tension testing machine and apply supply pressure for the duration of the assembly prepared from a 12 inch tension to the tubing assembly at a rate test. Set the temperature of the length of tubing with the end fittings of 1 inch per minute travel of the environmental chamber to 220 °F and according to the end fitting moving head until either the tensile initiate cycling of the movable manufacturer’s instructions. load in Table VIII for the size of tubing attachment point. After 250,000 cycles,
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set the temperature of the being tested as specified in Table VIII 5 minutes. Visually inspect the environmental chamber to minus 40 °F. within a period of 5 seconds. Visually assembly for leakage or separation at the After 500,000 cycles, set the inspect the assembly for leakage or end fittings. temperature of the environmental separation at the end fittings. S12.26. End fitting serviceability. ° chamber to 220 F. After 750,000 cycles, S12.25 Thermal conditioning and (a) Apparatus. A source of air set the temperature of the end fitting retention test. pressure that includes a pressure gauge ° environmental chamber to minus 40 F. (a) Apparatus. A source of hydraulic or monitoring system and is equipped Measure the air flow rate just prior to pressure that includes a pressure gauge with a mass flow meter. 1,000,000 cycles and if the compressed or monitoring system, uses a petroleum- (b) Preparation. Prepare a 12 inch air flow rate supplied to the air brake based hydraulic fluid with a pour point 3 ° length of plastic air brake tubing and tubing assembly exceeds 50 cm per of less than minus 40 F, and is plug one end. Assemble the end fitting minute this constitutes failure of the constructed so that an air brake tubing with the threaded retention nut on the test. Stop the cycling at 1,000,000 cycles assembly mounted to it can be other end of the tubing according to the and set the environmental chamber conditioned in an environmental test end fitting manufacturer’s instructions, temperature to 75 °F, while air pressure chamber. and then disassemble the fitting. Repeat is still supplied to the air brake tubing (b) Preparation. Utilize an air brake the assembly and disassembly sequence assembly. After 1 hour, measure the tubing assembly or prepare an air brake three more times, and then reassemble compressed air flow rate supplied to the tubing assembly with a free length of the end fitting (five total assembly air brake tubing assembly and if the rate twelve inches in accordance with the steps). exceeds 25 cm3 per minute this end fitting manufacturer’s instructions. constitutes failure of the test. Attach one end of the assembly to the (c) Attach the end fitting with the (iv) For end fittings that use a hydraulic pressure supply and plug the threaded retention nut to the source of threaded retaining nut, apply 20 percent other end of the assembly, fill the air pressure. Pressurize the tubing of the original tightening torque as assembly with hydraulic fluid and bleed assembly to a pressure of 120 psi in a measured in S11.3.22, in the direction any air from the assembly, and place the period of two seconds. If the end fitting of tightening. If the retention nut visibly tubing assembly inside an environment leaks, measure and record the leakage moves, this constitutes a failure of the chamber. Conduct the following tests: rate using the mass air flow meter. test. (i) With atmospheric pressure applied S12.27 End fitting corrosion S12.24 End fitting retention test. to the hydraulic fluid inside the tubing resistance. Conduct the test specified in (a) Apparatus. A source of hydraulic assembly, set the environmental S6.9 using a plastic air brake tubing pressure that includes a pressure gauge chamber temperature to 200 °F and assembly. or monitoring system, and uses a condition the tubing assembly for 24 S13. Test conditions. Each hose petroleum-based hydraulic fluid with a hours. assembly or appropriate part thereof pour point of less than minus 40 °F. (ii) With the temperature maintained shall be able to meet the requirements (b) Preparation. Utilize an air brake at 200 °F, increase the hydraulic of S5, S7, S9, and S11, under the tubing assembly or prepare an air brake pressure inside the tubing assembly at a following conditions. tubing assembly with a free length of constant rate to 450 psig within a period twelve inches in accordance with the S13.1 The temperature of the testing of 5 seconds, and hold this pressure for room is 75 ≥F. end fitting manufacturer’s instructions. 5 minutes. Attach one end of the assembly to the (iii) Decrease the pressure inside the S13.2 Unless otherwise indicated, the hydraulic pressure supply and plug the tubing assembly to atmospheric and set test samples are stabilized at test room other end of the assembly, and fill the the temperature of the environmental temperature prior to testing. assembly with hydraulic fluid and bleed chamber to 75 °F. Condition the tubing S13.3 The brake hoses and brake hose any air from the assembly. Increase the assembly at this temperature for 1 hour. assemblies are at least 24 hours old, and hydraulic pressure inside the tubing (iv) Set the temperature of the unused. ° assembly at a constant rate to 50 percent environmental chamber to minus 40 F S13.4. Specified test pressures are of the burst pressure for the size of and condition the tubing assembly for gauge pressures (psig). tubing being tested as specified in Table 24 hours. VIII within a period of 5 seconds, and (v) With the temperature maintained Issued: May 1, 2003. hold this pressure for 30 seconds. Then at minus 40 °F, increase the hydraulic Stephen R. Kratzke, increase the hydraulic pressure inside pressure inside the tubing assembly at a Associate Administrator for Rulemaking. the tubing assembly at a constant rate to constant rate to 450 psi within a period [FR Doc. 03–11292 Filed 5–14–03; 8:45 am] the burst pressure for the size of tubing of 5 seconds, and hold this pressure for BILLING CODE 4910–59–P
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Part III
Department of Education Office of Innovation and Improvement— Advanced Placement Incentive (API) Program; Notice Inviting Applications for New Grant Awards for Fiscal Year (FY) 2003; Notice
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DEPARTMENT OF EDUCATION Secretary strongly encourages each College Board. The International potential applicant for the API program Baccalaureate Organization courses and RIN 1855–ZA00 to notify the Department by e-mail that exams are also approved under the [CFDA No.: 84.330C] it intends to submit an application for program. Other educational entities that funding. The notification of intent to provide comparable programs of Office of Innovation and apply for funding should be sent no rigorous academic courses and testing Improvement—Advanced Placement later than June 16, 2003 to the following through which low-income students Incentive (API) Program; Notice Internet address: may earn college credit may request Inviting Applications for New Awards [email protected]. approval from the Secretary. for Fiscal Year (FY) 2003 Applicants who fail to provide this e- The Secretary encourages schools to mail notification may still apply for offer more rigorous middle and high Purpose of Program: The API funding. school curricula in English, program, funded under section 1705 of Deadline for Transmittal of mathematics, science, and other core Title I, Part G of the Elementary and Applications: 7–3–03. subjects. The API program supports that Secondary Education Act of 1965 Deadline for Intergovernmental effort and, thus, is an important (ESEA), as amended by the No Child Review: 9–1–03. component of the Department’s Left Behind Act of 2001 (NCLB), awards Estimated Available Funds: commitment to ensuring that ‘‘no child competitive grants designed to increase Approximately $10.7 million. is left behind’’. In addition to improving the successful participation of low- Estimated Range of Awards: $200,000 academic achievement for all students, income students in pre-advanced to $700,000 per year. the program strives to raise expectations placement and advanced placement Estimated Average Size of Awards: for low-income children. The courses and tests. By supporting $200,000—$450,000 per year. development, enhancement, and increased access to and participation in Estimated Number of Awards: 22–42. expansion of advanced placement pre-advanced placement and advanced courses in all core disciplines is a key placement courses and tests, the Note: These estimates are projections for the guidance of potential applicants. The strategy for increasing the participation program provides greater opportunities Department is not bound by any estimates in of students, especially low-income and for low-income students to achieve to this notice. other disadvantaged students, in high standards in English, mathematics, advanced placement and other Project Period: Up to 36 months. science, and other core subjects. challenging courses. Additional long-term goals of the Page Limit: The application narrative Since the original authorization of the program are to demonstrate that larger (Part VII of the application package) is Department’s Advanced Placement and more diverse groups of students can where you, the applicant, address the program in 1998, funding for the participate and succeed in advanced selection criteria that reviewers use to program has increased from $3 million placement programs, and to increase the evaluate your application. You are to the current appropriation of $23 numbers of low-income and other encouraged to limit Part VII to the million. In May 2002, low-income disadvantaged students who receive equivalent of no more than 50 pages, students took 140,571 advanced baccalaureate and advanced degrees. using the following standards: placement tests administered by the • A ‘‘page’’ is 8.5″ x 11″ on one side The API program provides resources ″ College Board, a 25 percent increase that local educational agencies (LEAs) only, with 1 margins at the top, bottom, compared to 2001. While the and both sides; and other eligible applicants can use in • Department is encouraged by this pursuit of the objectives of the NCLB Double space (no more than three dramatic increase, it is important to note which aims for all elementary and lines per vertical inch) all text in the that, in 2002, the College Board changed secondary students to achieve to high application narrative, including titles, the way it collects the data, and part of standards. In particular, this program headings, footnotes, quotations, the increase may reflect this change. In provides an opportunity for eligible references, and captions, as well as text addition, even with significant gains, entities to create new programs in in charts, tables, figures, and graphs; there is still a significant gap between and schools identified for improvement, • the level of participation of low-income corrective action, or restructuring under Use a font that is either 12-point or students in advanced placement courses Title I, Part A of the ESEA. larger or no smaller than 10 pitch and tests and the level of participation Eligible Applicants: (a) State (characters per inch). of students from more affluent educational agencies (SEAs); (b) LEAs, Applicable Regulations and Statute: backgrounds. including charter schools that are (a) Regulations. Education Department The API program supports activities considered LEAs under State law; and General Administrative Regulations that enable greater numbers of low- (c) national nonprofit educational (EDGAR) in 34 CFR Parts 74, 75, 77, 79, income and other disadvantaged entities with expertise in advanced 80, 81, 82, 85, 86, 97, 98, and 99. (b) students to benefit from advanced placement services. In the case of an Statute. Title I, Part G of Elementary and placement courses and exams eligible entity that is an SEA, the SEA Secondary Education Act of 1965 (ultimately increasing the likelihood may use API grant funds to award (ESEA), as amended the No Child Left that these students will receive college subgrants to LEAs to enable those LEAs Behind Act of 2001 (NCLB), 20 U.S.C. degrees) through increased access to, to carry out activities authorized under 6535–6537. and participation in, pre-advanced this program. SUPPLEMENTARY INFORMATION: The API placement and advanced placement Applications Available: 5–16–03. program promotes greater access to, and courses. Pre-advanced placement and Notification of Intent to Apply for participation in, advanced placement advanced placement teachers in the Funding: The Department will be able to courses and tests for low-income and schools served by the program may develop a more efficient process for other disadvantaged students. Covered participate in sustained, high-quality reviewing grant applications if it has a programs include pre-advanced professional development activities better understanding of the number of placement and advanced placement designed to: entities that intend to apply for funding courses as well as the advanced (1) Improve teacher content area under this competition. Therefore, the placement tests administered by the knowledge;
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(2) Increase utilization of research- Notes (1) The likelihood that the proposed based classroom practices that foster (1) Pre-advanced placement courses project will result in system changes or student achievement for low-income are intended to provide middle and high improvements that provide greater students; and school students with the higher order access to pre-advanced placement and (3) Strengthen the alignment of pre- thinking skills, content knowledge, and advanced placement courses and advanced placement and advanced study habits necessary for successful highly-trained teachers for low-income placement curricula through ‘‘vertical participation in advanced placement and other disadvantaged students. (2) The importance or magnitude of team training’’ and other strategies. courses. Applicants should explain why the results or outcomes likely to be In accordance with section 1705(f) of the courses supported by the proposed attained by the proposed project, the authorizing statute, applicants project qualify as pre-advanced especially improvements in teaching approved for funding under this placement or advanced placement. (2) Applicants may submit free or and student achievement. program will, for each advanced (b) Quality of the Project Design (20 reduced-price lunch data in order to placement subject supported by the points). The Secretary considers the verify that participating schools meet grant, be required to submit to the quality of the project design of the this priority. For the definitions of low- Secretary annual reports on, among proposed project. In determining the income individual (including a list of other things, the number of students quality of the project design, the other types of data that may be used to served by the grantee who are taking an Secretary considers the following verify low-income status) and high advanced placement course in that factors: subject; the number of advanced concentration of low-income students, (1) The extent to which the proposed placement tests in that subject taken by see the Definitions section of this notice. project represents an exceptional students served by the grantee; and the Allowable Activities approach for meeting the objectives of number of students served by the the program and the priorities Within this absolute priority, eligible grantee scoring at different levels on established for the competition. entities implement programs designed advanced placement tests in that (2) The extent to which the design of to expand access for low-income subject. In addition, grantees must the proposed project is appropriate to, individuals to pre-advanced placement submit disaggregated data (by race, and will successfully address, the needs and advanced placement programs ethnicity, sex, English proficiency of the target population. status, and socio-economic status) on through activities such as: (c) Quality of Project Services (20 individuals taking advanced placement (1) Teacher training; points). The Secretary considers the courses and tests. (2) Pre-advanced placement course quality of project services to be Absolute Priority: We have chosen the development; provided by the proposed project. In elements of the absolute priority from (3) Coordination and articulation determining the quality of the services the authorized activities and priorities between grade levels to prepare students to be provided, the Secretary considers specified in sections 1705(c) and (d) of to enter and succeed in advanced the quality and sufficiency of strategies the ESEA. To implement the absolute placement courses; for ensuring equal access and treatment (4) Purchase of books and supplies; priority, the Secretary will fund under for eligible project participants based on (5) Activities to increase the this competition only applications from race, color, national origin, gender, age, availability of, and participation in, on- eligible applicants that meet both or disability. In addition, the Secretary line advanced placement courses; and elements of the absolute priority. considers the following factors: (6) Any other activity directly related Under section 75.105(c)(3) of EDGAR, (1) The extent to which the services to expanding access to and participation to be provided by the proposed project the Secretary is establishing an absolute in pre-advanced placement and priority for applications that— reflect up-to-date knowledge from advanced placement programs, research and of effective practices. (1) Demonstrate an intent to carry out particularly for low-income individuals. (2) The extent to which the training or activities that target schools, or LEAs Note: Applicants approved for funding professional development services to be operating schools, with a high under this competition may be required to provided by the proposed project are of concentration of low-income students (if attend a two-day Project Directors’ meeting in sufficient quality, intensity, and the applicant is an LEA, propose to Washington, DC during the first year of the duration to lead to improvements in serve schools with a high concentration grant. The cost of attending this meeting may practice among the recipients of those of low-income students); and be paid from API program grant funds or State or local resources. services. (2) Propose to develop, enhance, or (d) Quality of Project Personnel (10 expand pre-advanced placement Selection Criteria: The Secretary will points). The Secretary considers the courses, in conjunction with advanced use the following selection criteria to quality of the personnel who will carry placement courses, in English, evaluate applications under this out the proposed project. In determining mathematics, science, and other core competition. These selection criteria the quality of project personnel, the academic areas at the middle or high apply to the absolute priority and Secretary considers the following school level. Effective pre-advanced allowable activities only. The maximum factors: placement programs should enable low- score for all of the selection criteria is (1) The qualifications, including income students to enroll and succeed 100 points. The maximum score for relevant training and experience, of the in advanced placement courses and each criterion is indicated in project director and other key tests in core academic areas. Proposals parenthesis with the criterion. The personnel; may include vertical teams training, criteria are as follows: (2) The qualifications, including high-quality professional development (a) Significance (20 points). The relevant training and experience, of for pre-advanced placement and Secretary considers the significance of project consultants or subcontractors, if advanced placement teachers, and the proposed project. In determining the any. coordination of curriculum design and significance of the proposed project, the (e) Adequacy of Resources (5 points). development between middle and high Secretary considers the following The Secretary considers the adequacy of school teachers. factors: resources. In determining the adequacy
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of resources for the proposed project, (1) Up to twenty (20) points for effect should be collected before and the Secretary considers the following demonstrating a pervasive need for the after participation in the program or the factors: development of pre-advanced comparison condition. (1) The adequacy of support, placement or advanced placement Points awarded under this priority including facilities, equipment, courses for middle or high schools will be determined by the quality of the supplies, and other resources, from the where there are few or no advanced proposed evaluation. In determining the applicant organization. placement courses currently available; quality of the evaluation, we will (2) The extent to which the costs are and consider the extent to which the reasonable in relation to the number of (2) Up to five (5) points for applicant presents a feasible, credible persons to be served and to the demonstrating one or more of the plan that includes: anticipated results and benefits. following: (1) The type of design to be used • (f) Quality of the Management Plan Involvement of business and (random assignment or matched (10 points). The Secretary considers the community organizations in the comparison); activities assisted; (2) Outcomes to be measured; quality of the management plan. In • determining the quality of the Availability of matching funds from (3) A discussion of how schools or management plan for the proposed State, local, or other sources to pay for districts will be assigned to the program project, the Secretary considers the a portion of the cost of activities to be or matched for comparison with other following factors: assisted; or schools or districts; and • Intent to carry out activities to (1) The likelihood of the management (4) A proposed evaluator, preferably increase the availability of, and plan to achieve the objectives of the independent, with the necessary participation in, on-line advanced proposed project on time and within background and technical expertise to placement courses. budget, including clearly defined carry out the proposed evaluation. responsibilities, time lines, and Evaluation Priority Definitions milestones for accomplishing project Under 34 CFR 75.105(c)(2)(i), the The following definitions and other tasks. Secretary will award a total of up to provisions are taken from the API (2) The extent to which the time twenty (20) additional priority points to program authorizing statute, in Title I, commitments of the project director and applicants that propose to conduct Part G of the ESEA. They are repeated other key project personnel are evaluation activities designed to assess in this application notice for the appropriate and adequate to meet the the effectiveness of this program in one convenience of the applicant. objectives of the proposed project. or more areas. The project is designed As used in this section: (g) Quality of the Project Evaluation to determine whether the program (a) The term advanced placement test (15 points). The Secretary considers the implemented produces meaningful means an advanced placement test quality of the project evaluation. In effects on student achievement or administered by the College Board or determining the quality of the project teacher performance through a rigorous approved by the Secretary. evaluation, the Secretary considers the evaluation. The evaluation preferably Note: In addition to advanced placement following factors: uses an experimental design. For the (1) The extent to which the methods tests administered by the College Board, the API program, an evaluation using an Department has approved advanced of evaluation include the use of experimental design is one where placement tests administered by the objective performance measures that are subjects at the school or district level International Baccalaureate Organization. As clearly related to the intended outcomes are randomly assigned to receive the part of the grant application process, of the project and will produce program being evaluated or to be in a applicants may request approval of tests from quantitative and qualitative data to the control group that does not receive the other educational entities that provide extent possible; and program. Evaluations using an comparable programs of rigorous academic (2) The extent to which the evaluation experimental design will receive up to courses and testing through which students may earn college credit. meets the reporting requirements of twenty (20) points. section 1705(f) of the authorizing If random assignment is not feasible, (b) The term high concentration of statute. the project may employ a quasi- low-income students, used with respect Competitive Priorities: These priority experimental design with carefully to a school, means a school that serves points are in addition to any points the matched comparison conditions. This a student population at least 40 percent applicant earns under the selection alternative design attempts to or more of whom are low-income criteria. The selection criteria will not approximate a randomly assigned individuals. be used to evaluate these priorities. The control group by matching subjects (c) The term low-income individual Secretary may select an application that (students, teachers, classrooms or means an individual who is determined meets a priority over an application of schools) with non-participants by a State educational agency or local comparable merit that does not meet the possessing similar pre-program educational agency to be a child from a priority. The maximum number of characteristics. Evaluations using a low-income family on the basis of data points an application may earn based on quasi-experimental design will receive used by the Secretary to determine the priority points and the selection up to fifteen (15) points. allocations under section 1124 of the criteria is 145 points. Proposed evaluations that use neither ESEA, data on children eligible for free experimental designs with random or reduced-price lunches under the Statutory Priorities assignment nor quasi-experimental National School Lunch Act, data on In accordance with the requirements designs using matched comparison children in families receiving assistance of section 1705(c) of the authorizing groups will receive no points under this under Part A of Title IV of the Social statute and section 75.105(c)(2)(i) of competitive priority. Security Act, or data on children EDGAR, the Secretary will award Data from reliable and valid measures eligible to receive medical assistance applications a total of up to twenty-five of the intervention that the program under the Medicaid program under title (25) additional points for addressing the intends to implement and of the XIX of the Social Security Act, or following statutory priorities: outcomes that the program intends to through an alternate method that
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combines or extrapolates from those Telephone (toll free): 1–877–433–7827. Electronic Access to this Document data. FAX: (301) 470–1244. If you use a telecommunications device for the deaf You may view this document, as well Supplement, Not Supplant, Rule (TDD) you may call (toll free): 1–877– as all other Department of Education Funds provided under this program 576–7734. documents published in the Federal must be used only to supplement and You may also contact ED Pubs at its Register, in text or Adobe Portable not supplant other non-Federal funds Web site: http://www.ed.gov/pbs/ Document Format (PDF) on the Internet that are available to assist low-income edpubs.html. at the following site: http://www.ed.gov/ individuals in paying advanced Or you may contact ED Pubs at its e- legislation/FedRegister. placement test fees. mail address: [email protected]. To use PDF, you must have Adobe If you request an application from ED Acrobat Reader, which is available free Waiver of Proposed Rulemaking Pubs, be sure to identify this at this site. If you have questions about In accordance with the competition as follows: CFDA number using PDF, call the U.S. Government Administrative Procedure Act (5 U.S.C. 84.330C. Printing Office (GPO), toll free, at 1– 553), it is the practice of the Secretary FOR FURTHER INFORMATION CONTACT: 888–293–6498; or in the Washington, to offer interested parties the Madeline E. Baggett, U.S. Department of DC area at (202) 512–1530. opportunity to comment on proposed Education, 400 Maryland Avenue, SW., Individuals with disabilities may rules that are not taken directly from the room 3E228, Washington, DC 20202– obtain this document in an alternative statute. Ordinarily, this practice would 6140. Telephone: (202) 260–2502 or via format (e.g., Braille, large print, have applied to the rules in this notice. Internet: [email protected]. audiotape, or computer diskette) on Section 437(d)(2) of the General If you use a telecommunications request using the contact information Education Provisions Act (GEPA), device for the deaf (TDD), you may call provided under For Applications however, exempts from this rulemaking the Federal Information Relay Service Contact. requirement those rules where the (FIRS) at 1–800–877–8339. Note: The official version of this document Secretary determines that it will cause Individuals with disabilities may is the document published in the Federal extreme hardship to the intended obtain this document in an alternative Register. Free Internet access to the official beneficiaries of the program affected by format (e.g., Braille, large print, edition of the Federal Register and the Code the regulations. The Secretary, in audiotape, or computer diskette) on of Federal Regulations is available on GPO accordance with section 437(d)(2) of request to the program contact person Access at: http://www.access.gpo.gov/nara/ GEPA, has decided to forgo public listed under FOR FURTHER INFORMATION index.html. comment with respect to the rules in CONTACT. Program Authority: 20 U.S.C. 6535–6537. this grant competition in order to ensure Individuals with disabilities may timely and high-quality awards. These obtain a copy of the application package Dated: May 9, 2003. rules will apply only to the FY 2003 in an alternative format by contacting Nina Rees, grant competition. that person. However, the Department is Deputy Under Secretary for Innovation and For Applications Contact: Education not able to reproduce in an alternative Improvement. Publications Center (ED Pubs), P.O. Box format the standard forms included in [FR Doc. 03–12118 Filed 5–14–03; 8:45 am] 1398, Jessup, MD 20794–1398. the application package. BILLING CODE 4000–01–P
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Part IV
Department of Education Office of Innovation and Improvement— Arts in Education Model Development and Dissemination Grant Program; Notice Inviting Applications for New Grant Awards for Fiscal Year (FY) 2003; Notice
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DEPARTMENT OF EDUCATION partnership with one or more LEAs and 75, 77, 79, 80, 81, 82, 85, 86, 97, 98, and may partner with one or more of the 99. (b) Statute. Title V, Part D, Subpart [CFDA No. 84.351D] following: 15, of the Elementary and Secondary • Office of Innovation and SEAs or regional educational Education Act as reauthorized by the No service agencies. Child Left Behind Act of 2001. Improvement—Arts in Education • Model Development and Dissemination Institutions of higher education. Coordination Requirement: Under • Other public and private agencies, Grant Program; Notice Inviting section 5551(f)(1) of the ESEA, the institutions, and organizations with Applications for New Grant Awards for Secretary requires that each entity expertise in the arts. Fiscal Year (FY) 2003 funded under this program coordinate, Note: If more than one LEA or arts to the extent practicable, each project or Note to Applicants: This notice is a organization wishes to form a consortium program carried out with such complete application package. Together with and jointly submit a single application, they assistance with appropriate activities of the statute authorizing these grants and the must follow the procedures for group public or private cultural agencies, Education Department General applications described in 34 CFR 75.127– institutions, and organizations, Administrative Regulations (EDGAR), this 75.129 of EDGAR. including museums, arts education notice contains all of the information, Notification of Intent to Apply for association, libraries and theaters. application forms, and instructions needed to Funding: The Department will be able to Supplement, Not Supplant, apply for an Arts in Education Model develop a more efficient process for Requirement: Under section 5551(f)(2) Development and Dissemination grant under of the authorizing statute, the Secretary this competition. This grant program is reviewing grant applications if it has an authorized by Title V, Part D, Subpart 15 of estimate of the number of entities that requires that assistance provided under the Elementary and Secondary Education Act intend to apply for funding under this this program be used only to (ESEA) as reauthorized by the No Child Left competition. Therefore, the Secretary supplement, and not supplant, other Behind Act of 2001 (NCLB). strongly encourages each potential assistance or funds made available from applicant to notify the Department with non-federal sources for the activities Purpose of Program: The Arts in assisted under this subpart. Education Model Development and a short e-mail noting the intent to Dissemination Grant Program supports submit an application for funding. The SUPPLEMENTARY INFORMATION: While the development, documentation, e-mail need not include information many schools and districts have moved evaluation and dissemination of regarding the content of the proposed swiftly in recent years to reform and innovative, cohesive models that have application, only the applicant’s intent enhance traditional core academic demonstrated their effectiveness in (1) to submit it. The Secretary requests that programs, most have not made similar integrating arts into the core elementary this e-mail notification be sent no later efforts to integrate arts effectively into and middle school curricula, (2) than June 16, 2003. The e-mail the regular curriculum, either as a strengthening arts instruction in these notification should be sent to vehicle by which to strengthen other grades, and (3) improving students’ [email protected]. Applicants that core academic subjects or as an academic performance, including their fail to provide this e-mail notification academic discipline in its own right. skills in creating, performing, and may still apply for funding. High-quality programs effectively Deadline for Transmittal of responding to the arts. integrating and improving arts The Arts in Education Model Applications: 7–10–03. instruction are increasingly important as Deadline for Intergovernmental Development and Dissemination Grant students face the demands of the Review: 9–8–03. Program provides resources that local information age in the 21st century. Estimated Available Funds: Creating, performing, and responding to educational agencies (LEAs) and other $8,360,300. eligible applicants can use in pursuit of works of art builds creativity, self- Estimated Range of Awards: confidence, and critical thinking the objectives of the No Child Left $293,000–$836,000 (total for the 3-year Behind Act which aims for all skills—qualities central to success in project period. Funding of continuation school, work, and life. elementary and secondary students to awards after the initial year of funding achieve high standards. This program For several reasons, high-quality arts is contingent upon future Congressional and art education programs have provides an opportunity for eligible appropriations for the program). entities to develop programs in schools implications for other areas of students’ Estimated Average Size of Awards: academic development. Studies have identified for improvement, corrective 750,000 total for the 3-year project action, or restructuring under Title I, found that improving the quality of arts period; equates to an average of education has a particularly positive Part A of the ESEA. $250,000 per year. Eligible Applicants: (1) One or more impact on students from low-income Estimated Number of Awards: 33. LEAs, including charter schools that are backgrounds. Unfortunately, students considered LEAs under State law and Note: The Department of Education is not from low socioeconomic backgrounds regulations, that may work in bound by any estimates in this notice. are almost twice as likely to attend arts- partnership with one or more of the poor schools, while students from socio- Project Period: Up to 36 months. following: economically advantaged backgrounds • State or local non-profit or Note: Applicants for multi-year awards are are twice as likely to attend ‘‘arts-rich’’ governmental arts organizations. required to provide detailed budget schools. • State educational agencies (SEAs) information for the total grant period The Arts in Education Model or regional educational service agencies. requested. The Secretary will determine at Development and Dissemination Grant • the time of the initial award the funding Program seeks to address the lack of Institutions of higher education. levels for each year of the grant award. • Other public and private agencies, high quality, research-based models by institutions, and organizations with Project Directors Meeting. Applicants encouraging partnerships of arts and expertise in the arts. should budget for a two-day meeting for education specialists to further develop (2) One or more State or local non- project directors in Washington, DC. and document effective models for profit or governmental arts Applicable Regulations and Statute: improving arts education and student organizations that must work in (a) Regulations. EDGAR in 34 CFR Parts achievement—particularly for students
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from poor and disadvantaged collection, evaluation design, or other share them widely with other backgrounds. appropriate activities.) communities. Upon completion of the Description of Program: The Arts in project, the Department requires that Application Requirements Education Model Development and any materials or products developed as Dissemination Grant program is To be eligible for Arts in Education a part of model development activities authorized under section 5551, Part D, Model Development and Dissemination be provided to the Department for Subpart 15 of Title V of the ESEA. The funds, applicants must propose to— further dissemination. Such activities Arts in Education Model Development (1) Further the development of will be carried out in full compliance and Dissemination Grant program programs designed to improve or with copyright requirements. furthers the development of promising expand the integration of arts education Priorities: Under 34 CFR 75.105(c)(3) comprehensive models for integrating in elementary or middle school we consider only applications that meet arts into the school curriculum. In this curricula; the following absolute priority. case, ‘‘integrating’’ should be (2) Develop materials designed to help Absolute Priority: The Secretary will understood as both strengthening the replicate or adapt the program; only fund applications from eligible use of high-quality arts within other (3) Document the program’s outcomes applicants that propose to work with at academic instruction and strengthening and benefits; and least one elementary and/or middle the place of arts as a core academic (4) Develop products and services that school with no less than 35 percent of subject in the regular school curriculum. can be used to replicate the program in its students from low-income families This program seeks to provide more other settings. based on poverty criteria set out in Title communities with solid information Grant applications must describe an I, section 1113(a)(5) of the ESEA, and regarding innovative, research-based existing set of strategies for integrating that propose projects that meet all of the models for effectively strengthening arts the arts into the regular elementary and requirements described under instruction, improving students’ skills middle school curriculum. These APPLICATION REQUIREMENTS. Competitive Priorities: This in creating, performing, and responding strategies would then be successfully competition focuses on projects to works of arts, and increasing student implemented, expanded, documented, designed to meet the following achievement in other academic subjects. evaluated, and disseminated. Taken together, these strategies and methods priorities. Under 34 CFR 75.105(c)(2)(i), These grants are designed to enable must comprise a research-based, we award up to an additional 25 points LEAs and organizations with arts comprehensive arts in education model depending on how well the application expertise to further develop and create that— meets the priorities. These points are in materials for the replication or • Is based, to the extent possible, on addition to any points the application adaptation of current comprehensive the most rigorous theory, research, and earns under the selection criteria. approaches for integrating a range of arts evaluation available, and is effective in Competitive Priority 1—Projects in disciplines—such as music, dance, improving student achievement and rural or inner-city communities: The theater, and visual arts, including folk performance and other program Secretary will award five (5) points to arts—into the elementary and middle objectives; projects proposing models that involve school curriculum. Such development • Is linked to State and national schools in rural or inner-city work should yield more systematic standards enabling all students to meet communities. information about effective models that challenging expectations, and to Competitive Priority 2—Research- provide quality arts instruction and use improving student and school based evaluation: The project is the arts to enhance instruction in other performance; designed to determine, through a core academic subjects. • Has the potential to improve rigorous evaluation, whether the Use of funds may include, but are not students’ achievement both in creating, implemented program produces limited to all of the following activities: meaningful effects on student • performing, and responding to works of Field testing and evaluating nascent art and in other core academic subjects; achievement or teacher performance. educational strategies; • Demonstrates the feasibility of Evaluations using an experimental • Field testing and evaluating model further replication and dissemination; design are best for determining program in-service and pre-service professional • Is applicable to a broad range of effectiveness. Thus, the project development programs for arts high-poverty and disadvantaged, rural preferably uses an experimental design educators and other instructional staff; and urban schools, including those that under which participants—that is, • Ensuring comprehensive coverage are chronically low-performing; students, teachers, classrooms, or of the arts disciplines—such as visual • Makes effective use of technology to schools—are randomly assigned (a) to arts, dance, music, and theater, further the model’s goals; receive the program being evaluated or including the folk arts; • Describes methods by which the (b) to be in a control group that does not • Developing partnerships among applicant will assess the model’s receive the program. Evaluations using schools, arts organizations, and others outcomes; and an experimental design will receive up with expertise in the arts to combine • Describes activities that, to the to 20 points in addition to any points resources and enhance the quality and extent possible, coordinate model the application earns under the sustainability of effective programming; development with relevant activities of selection criteria. • Creating materials documenting the public and private cultural agencies, If random assignment is not feasible, implementation and achievement of the institutions, and organizations, such as the project may use a quasi- model program for other educators and museums, arts education associations, experimental design with carefully agencies; and libraries, and theaters. (20 U.S.C. 7271 matched comparison conditions. This • Obtaining the services of outside (f)(1)) alternative design attempts to experts in the implementation and In addition to any dissemination work approximate a randomly assigned assessment of the model. (This might in which the applicants choose to control group by matching program include assistance in such areas as engage, the Department intends to take participants-that is, students, teachers, curriculum development, the products and information resulting classrooms or schools—with non- implementation strategies, data from these demonstration grants and participants having similar pre-program
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characteristics. Evaluations of this type means that, to the extent possible, the magnitude of those gaps or weaknesses will receive up to 15 points in addition activity or program is based on the most and the degree to which they will be to any points the application earns rigorous theory, research, and addressed by the proposed model. under the selection criteria. evaluation available and is effective in (b) Significance. (20 points) Proposed evaluations that use neither improving student achievement and In determining the significance of the experimental designs with random performance and other program proposed project, the Secretary assignment nor quasi-experimental objectives. considers the following factors: designs using a matched comparison Rural, for the purpose of this program, (i) The potential contribution of the group will receive 0 points under this is any place that fits 6, 7 or 8 of the proposed project to increased competitive preference priority. NCES locale codes. Please see the list knowledge or understanding of effective Before and after participation in the under the definition of Inner-City strategies for strengthening the use of program or the comparison condition, Community. high-quality arts in the course of other the project evaluator should collect— Waiver of Proposed Rulemaking: In academic instruction and/or before the program commences and after accordance with the Administrative strengthening the place of arts as a core it ends—valid and reliable data that Procedure Act (5 U.S.C. 553), it is the academic subject in the regular school measure the impact of participation in practice of the Secretary to offer curricula. the program or in the comparison group. interested parties the opportunity to (ii) The likely utility and replicability We determine points under this comment on proposed rules. Section of the proposed model and the extent to priority by the quality of the proposed 437(d)(1) of the General Education which its products (including evaluation. We will consider the extent Provisions Act (GEPA), however, allows information, materials, processes, or to which the applicant presents a the Secretary to exempt from techniques) will be effective in a variety feasible, credible plan that includes the rulemaking requirements rules of settings. following: governing the first grant competition (c) Quality of the project design. (30 • The type of design to be used (that under a new or substantially revised points) is, random assignment or matched program authority (20 U.S.C. section In determining the quality of the comparison). 1232(d)(1)). This program is the first design of the proposed project, the • Outcomes to be measured. Model Arts competition under the • Secretary considers the following A discussion of how the applicant program as reauthorized by Public Law factors: plans to assign students, teachers, 107–100, the No Child Left Behind Act (i) The extent to which the goals, classrooms, or schools to the program or of 2001, and therefore qualifies for this objectives, and outcomes to be achieved match them for comparison with other exemption. The Secretary, in over the proposed project period are students, teachers, classrooms, or accordance with section 437(d)(1) of clearly specified and measurable. schools. GEPA has decided to forego public (ii) The extent to which the proposed • A proposed evaluator, preferably comment in order to ensure timely grant model is based on reliable research, independent, with the necessary awards. These rules will apply for the effective practice, and/or coherent background and technical expertise to FY 2003 competition only. theory as a means for strengthening the carry out the proposed evaluation. Selection Criteria: The Secretary uses use of high-quality arts in the course of Definitions: In addition to definitions the following selection criteria to other academic instruction and/or in the statute and EDGAR, the following evaluate applications for grants under strengthening the place of arts as a core definitions apply: this competition. In all instances where academic subject in the regular school Inner-City Community, for the the word ‘‘project’’ appears in the curricula. purpose of this program, is any place selection criteria, the reference to an (iii) The extent to which the proposed that fits code 1, 2 or 3 of the National Arts in Education Model Development model aims to strengthen the academic Center for Educational Statistics (NCES) and Dissemination grant program performance of students in creating, locale codes. The locale codes are: should be made. performing, and responding to the arts, 1. Central city of a Consolidated The maximum composite score for all and in the rest of the core curriculum. Metropolitan Statistical Area (CMSA) or of these criteria is 100 points. The Metropolitan Statistical Area (MSA) maximum score an applicant may (iv) The extent to which the project with population of 250,000 or more or receive is 125 if they fully meet both of will document and evaluate the success a population. the competitive priorities. of the model and disseminate relevant 2. Central city of a CMSA or MSA but The maximum score for each criterion information. not designated as a large central city. is indicated in parentheses. Within each (d) Quality of the management plan. 3. Place within the CMSA or MSA of criterion, the Secretary evaluates each (15 points) a large central city. factor equally. In determining the quality of the 4. Place within the CMSA or MSA of (a) Need for project. (10 points) management plan for the proposed a mid-size central city. In determining the need for the project, the Secretary considers the 5. Place not within a CMSA or MSA proposed project, the Secretary following factors: but with population of 25,000 or more considers the following factors: (i) The adequacy of the management and defined as urban. (i) The extent to which the model plan to achieve the objectives of the 6. Place not within a CMSA or MSA addresses specific needs of students at proposed project on time and within with a population of at least 2,500 but risk of educational failure. budget, including clearly defined less than 25,000. (ii) The extent to which specific gaps, responsibilities, relevant contributions 7. Place not within a CMSA or MSA weaknesses, or opportunities have been and commitment from partners, and designated as rural. identified in effectively integrating arts timelines, continuous improvement 8. Place within a CMSA or MSA into the core curricula, strengthening strategies, and milestones for designated as rural (this code not arts instruction and improving students’ accomplishing project tasks. available prior to 1998). academic performance, including skills (ii) The qualifications, including Research-based, when used with in creating, performing, and responding relevant training and experience of key respect to an activity or a program, to the arts. Also, the nature and project personnel, major partners,
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project consultants, and/or We will determine proof of mailing listed under FOR FURTHER INFORMATION subcontractors. under 34 CFR 75.102 (Deadline date for CONTACT. However, the Department is (e) Quality of the project evaluation. applications). Recommendations or not able to reproduce in an alternative (25 points) comments may be hand-delivered until format the standard forms included in In determining the quality of the 4:30 p.m. (Washington, DC time) on the this application notice. evaluation, the Secretary considers the date indicated in this notice. following factors: Please note that this address is not the Electronic Access to This Document (i) The extent to which the methods same address as the one to which an You may view this document, as well of evaluation are rigorous, thorough, applicant submits its completed feasible, and appropriate to the goals, as all other Department of Education application. Do not send applications to documents published in the Federal objectives, and outcomes of the the above address. proposed project. Register, in text or Adobe Portable (ii) The extent to which the methods Application Instructions and Forms Document Format (PDF) on the Internet of evaluation include the use of The Appendix to this notice contains at the following site: http://www.ed.gov/ objective performance measures that are forms and instructions, a statement legislation/FedRegister. clearly related to the intended outcomes regarding estimated public reporting To use PDF you must have Adobe of the project and will produce burden, a notice to applicants regarding Acrobat Reader, which is available free quantitative and qualitative data on the compliance with section 427 of the at this site. If you have questions about results of the program. General Education Provisions Act, and using PDF, call the U.S. Government (iii) The extent to which the various assurances and certifications. Printing Office (GPO), toll free, at 1– evaluation will provide guidance about Please organize the parts and additional 888–293–6498; or in the Washington, effective strategies suitable for materials in the following order: DC, area at (202) 512–1530. replication or testing in other settings. • Application for Federal Education Assistance (ED 424 (Exp. 11/30/2004)) Note: The official version of this document Intergovernmental Review of Federal is the document published in the Federal Programs and instructions and definitions. • Protection of Human Subjects in Register. Free Internet access to the official This program is subject to Executive Research (Attachment to ED 424). edition of the Federal Register and the Code Order 12372 (Intergovernmental Review • Budget Information—Non- of Federal Regulations is available on GPO of Federal Programs) and the regulations Construction Programs (ED Form No. Access at: http://www.access.gpo.gov/nara/ in 34 CFR Part 79. 524) and instructions. index.html. One of the objectives of the Executive • Application Narrative. order is to foster an intergovernmental • Assurances—Non-Construction FOR FURTHER INFORMATION CONTACT: partnership and a strengthened Programs (Standard Form 424B) (Rev. Diane Austin, U.S. Department of federalism. The Executive order relies 7–97). Education, 400 Maryland Avenue, SW., on processes developed by State and • Certifications regarding Lobbying; Washington, DC 20202–6140. local governments for coordination and Debarment, Suspension, and Other Telephone: (202) 260–1280 or via review of proposed Federal financial Responsibility Matters; and Drug-Free Internet: [email protected]. assistance. Workplace Requirements (ED 80–0013, If you use a telecommunications If you are an applicant, you must 12/98) and instructions. device for the deaf (TDD), you may call contact the appropriate State Single • Certification regarding Debarment, the Federal Information Relay Service Point of Contact (SPOC) to find out Suspension, Ineligibility and Voluntary (FIRS) at 1–800–877–8339. about, and to comply with, the State’s Exclusion: Lower Tier Covered process under Executive Order 12372. If Transactions (ED 80–0014, 9/90) and Application Procedures you propose to perform activities in instructions. (NOTE: ED 80–0014 is more than one State, you should The Government Paperwork intended for the use of grantees and Elimination Act (GPEA) of 1998, (Pub. immediately contact the SPOC for each should not be transmitted to the of those States and follow the procedure L. 105–277) and the Federal Financial Department.) Assistance Management Improvement established in each State under the • Certification of Eligibility for Act of 1999, (Pub. L. 106–107) Executive order. If you want to know Federal Assistance in Certain Programs encourage us to undertake initiatives to the name and address of any SPOC, see (ED 80–0016 9/92)). improve our grant processes. Enhancing the latest official SPOC list on the Web • Disclosure of Lobbying Activities the ability of individuals and entities to site of the Office of Management and (Standard Form LLL (Rev. 7–97)) and conduct business with us electronically Budget at the following address: http:/ instructions. /www.whitehouse.gov/omb/grants/ • Survey on Ensuring Equal is a major part of our response to these spoc.html. In States that have not Opportunity for Applicants and survey Acts. Therefore, we are taking steps to established a process or chosen a instructions. adopt the Internet as our chief means of program for review, State, areawide, You may submit information on a conducting transactions in order to regional, and local entities may submit photocopy of the application and budget improve services to our customers and comments directly to the Department. forms, the assurances, and the to simplify and expedite our business Any State Process Recommendation certifications. However, the application processes. and other comments submitted by a form, the assurances, and the We are requiring that applications for SPOC and any comments from State, certifications must each have an original grants for FY 2003 under the Arts in areawide, regional, and local entities signature. We will not award a grant Education Model Development and must be mailed or hand-delivered by the unless we have received a completed Dissemination Grant program (CFDA date indicated in this application notice application form. #84.351D) be submitted electronically to the following address: The Secretary, Individuals with disabilities may using e-Application available through E.O. 12372–CFDA #84.351D, U.S. obtain this document in an alternative the Department of Education’s e- Department of Education, room 7E200, format (e.g., Braille, large print, GRANTS system. The e-GRANTS 400 Maryland Avenue, SW., audiotape, or computer diskette) on system is accessible through its portal Washington, DC 20202–0125. request to the program contact person page at: http://e-grants.ed.gov.
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Applicants who are unable to submit Programs (ED 524), and all necessary Instructions for Transmitting an application through the e-GRANTS assurances and certifications. Applications system may apply for a waiver to the • After you electronically submit If you want to apply for a grant and electronic submission requirement. To your application, you will receive an be considered for funding, you must apply for a waiver, applicants must automatic acknowledgement, which meet these deadline requirements: explain the reason or reasons that will include a PR/Award number (an • If you apply for and we grant you prevent them from using the Internet to identifying number unique to your a waiver from the electronic submission submit their applications. The reasons application). requirement, you must follow the must be outlined in a letter addressed • transmittal instructions under (A) If You to: Diane Austin, U.S. Department of Within three working days after submitting your electronic application, Send Your Application by Mail or (B) If Education, 400 Maryland Avenue, SW., You Deliver Your Application by Hand. room 3C124, Washington, DC 20202– fax a signed copy of the Application for • Federal Education Assistance (ED 424) Otherwise, you must follow the 6140. We must receive your letter no transmittal instructions under (C) If You later than two weeks before the deadline to the Application Control Center after following these steps: Submit Your Application Electronically. for transmittal of applications. (A) If You Send Your Application by Any application that receives a waiver 1. Print ED 424 from the e- Mail: You must mail the original and to the electronic submission Application system. two copies of the application on or requirement will be given the same 2. The institution’s Authorizing before the deadline date. One copy of consideration in the review process as Representative must sign this form. the application should be unbound and an electronic application. 3. Place the PR/Award number in the suitable for photocopying. To expedite Pilot Project for Electronic Submission upper right hand corner of the hard our review of your application, we of Applications copy signature page of the ED 424. would appreciate you voluntarily including an additional three copies of In FY 2003, the U.S. Department of 4. Fax the signed ED 424 to the your application. We will not penalize Education is continuing to expand its Application Control Center at (202) applicants who do not provide pilot project for electronic submission of 260–1349. additional copies. Mail your application applications to include additional • We may request that you give us to: U.S. Department of Education, formula grant programs and additional original signatures on all other forms at Application Control Center, Attention: discretionary grant competitions. The a later date. CFDA #84.351D, 7th & D Streets, SW., Arts in Education Model Development • Closing Date Extension in Case of Room 3671, Regional Office Building 3, and Dissemination Grant program System Unavailability: If you are Washington, DC 20202–4725. (CFDA #84.351D) is one of the programs prevented from submitting your You must show one of the following included in the pilot project. If you are application on the closing date because as proof of mailing: an applicant under the Arts in the e-Application system is unavailable, (1) A legibly dated U.S. Postal Service Education Model Development and we will grant you an extension of one postmark. Dissemination Grant program, you must business day in order to transmit your (2) A legible mail receipt with the submit your application to us in application electronically, by mail, or by date of mailing stamped by the U.S. electronic format or receive a waiver. hand delivery. For us to grant this Postal Service. The pilot project involves the use of extension— (3) A dated shipping label, invoice, or the Electronic Grant Application System receipt from a commercial carrier. (e-Application) Users of e-Application 1. You must be a registered user of e- (4) Any other proof of mailing will be entering data on-line while Application, and have initiated an e- acceptable to the Secretary. completing their applications. You may Application for this competition; and If you mail an application through the not e-mail a soft copy of a grant 2. (a) The e-Application system must U.S. Postal Service, we do not accept application to us. The data you enter on- be unavailable for 60 minutes or more either of the following as proof of line will be saved into a database. We between the hours of 8:30 a.m. and 3:30 mailing: request your participation in e- p.m., Washington, DC time, on the (1) A private metered postmark. Application. We shall continue to deadline date; or (2) A mail receipt that is not dated by evaluate its success and solicit (b) The e-Application system must be the U.S. Postal Service. (B) If You Deliver Your Application by suggestions for improvement. unavailable for any period of time Hand: You or your courier must hand In submitting an electronic during the last hour of operation (that is, deliver the original and two copies of application, please note the following: for any period of time between 3:30 and • the application by 4:30 p.m. You will not receive any additional 4:30 p.m., Washington, DC time) on the (Washington, DC time) on or before the point value because you submit a grant deadline date. application in electronic format, nor deadline date. One copy of the will we penalize you if you submit an The Department must acknowledge application should be unbound and application in paper format. (Note: We and confirm these periods of suitable for photocopying. To expedite accept your submission of an unavailability before granting you an our review of your application, we application in paper format only if we extension. To request this extension you would appreciate you voluntarily have granted you a waiver as described must contact either (1) the person listed including an additional three copies of in the preceding section of this notice.) elsewhere in this notice under FOR your application. We will not penalize • When you enter the e-Application FURTHER INFORMATION CONTACT or (2) the applicants who do not provide system, you will find information about e-GRANTS help desk at 1–888–336– additional copies. Deliver your its hours of operation. 8930. application to: U.S. Department of • You must submit all documents We have included additional Education, Application Control Center, electronically, including the information about the e-Application Attention: CFDA #84.351D, 7th & D Application for Federal Education pilot project (see Parity Guidelines Streets, SW., Room 3671, Regional Assistance (ED 424), Budget between Paper and Electronic Office Building 3, Washington, DC Information—Non-Construction Applications) elsewhere in this notice. 20202–4725.
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The Application Control Center the following address: http://e- a collection of information unless it displays accepts application deliveries daily grants.ed.gov. a valid OMB control number. The valid OMB between 8 a.m. and 4:30 p.m. Users of e-APPLICATION, a data control number for this collection of (Washington, DC time), except driven system, will be entering data on- information is 1855–0006. Expiration date: line while completing their May 31, 2004. We estimate the time required Saturdays, Sundays, and Federal to complete this collection of information to holidays. The Center accepts applications. This will be more average 60 hours per response, including the application deliveries through the D interactive than just e-mailing a soft time to review instructions, search existing Street entrance only. A person copy of a grant application to us. If you data sources, gather the data needed, and delivering an application must show submit an application electronically, the complete and review the collection of identification to enter the building. data you enter on-line will go into a information. If you have any comments (C) If You Submit Your Application database and ultimately will be concerning the accuracy of the time estimate Electronically: You must submit your accessible in electronic form to our or suggestions for improving this form, please grant application through the Internet reviewers. write to: U.S. Department of Education, 400 This pilot project continues the Maryland Avenue, SW., Washington, DC using the software provided on the e- 20202–4651. Grants Web site (http://e-grants.ed.gov) Department’s transition to an electronic If you have comments or concerns by 4:30 p.m. (Washington, DC time) on grant award process. In addition to e- regarding the status of your submission of the deadline date. APPLICATION, the Department plans to this form, write directly to: Diane Austin, The regular hours of operation of the expand the number of discretionary U.S. Department of Education, 400 Maryland e-Grants Web site are 6 a.m. Monday programs using the electronic peer Avenue, SW., Washington, DC 20202–6140. until 7 p.m. Wednesday; and 6 a.m. review (e-READER) system and to Instructions for Application Narrative Thursday until midnight Saturday increase the participation of discretionary programs offering grantees Before preparing the Application Narrative (Washington, DC time). The system is you should read carefully the description of unavailable on Sunday and Federal the use of the electronic annual the program, the information regarding holidays and is closed for maintenance performance reporting (e-REPORTS) priorities, and the selection criteria we use to at 7 p.m. (Washington, DC time) on system. evaluate applications. Wednesday. Because this competition mandates The narrative should— the filing of electronic applications, the 1. Begin with an abstract; that is, a Notes following guidelines apply only if—as summary of your proposed project; (1) The U.S. Postal Service does not described elsewhere in this notice—we 2. Describe your proposed project in light uniformly provide a dated postmark. Before have granted you a waiver to submit an of each of the selection criteria in the order relying on this method, you should check application in paper format. in which we list the criteria in this notice; with your local post office. To help ensure parity and a similar 3. List each function or activity for which (2) If you send your application by mail or look between electronic and paper you are requesting funds; and if you or your courier deliver it by hand, the 4. Include any other pertinent information Application Control Center will mail a Grant copies of grant applications, we are that might assist us in reviewing your Application Receipt Acknowledgment to asking each applicant that submits a application. When applying for funds as a you. If you do not receive the notification of paper application to adhere to the consortium, individual eligible applicants application receipt within 15 days from the following guidelines: must enter into an agreement signed by all date of mailing the application, you should • Submit your application on 81⁄2″ by members. The consortium’s agreement must call the U.S. Department of Education 11″ paper. detail the activities each member of the Application Control Center at (202) 708– • Leave a 1-inch margin on all sides. consortium plans to perform, and must bind 9493. • Use consistent font throughout your each member to every statement and (3) If your application is late, we will document. You may also use boldface assurance made in the consortium’s notify you that we will not consider the type, underlining, and italics. However, application. The designated applicant must application. please do not use colored text. submit the consortium’s agreement with its (4) You must indicate on the envelope • application. and—if not provided by the Department—in Please use black and white, also, for illustrations, including charts, tables, Note: The section on PAGE LIMIT Item 4 of the Application for Federal elsewhere in this application notice applies Education Assistance (ED 424 (exp. 11/30/ graphs and pictures. to your application. 2004)) the CFDA number—and suffix letter, • For the narrative component, your if any—of the competition under which you application should consist of the Instructions for Budget Narrative are submitting your application. number and text of each selection The budget should reflect costs that are (5) If you submit your application through criterion followed by the narrative. The reasonable and necessary for administration, the Internet via the e-Grants Web site, you text of the selection criterion, if and for developing and implementing will receive an automatic acknowledgment included, does not count against any activities described in the narrative. when we receive your application. page limitation. Complete ED Form 524 Section A—Budget Parity Guidelines Between Paper and • Place a page number at the bottom Summary U.S. Department of Education Electronic Applications right of each page beginning with 1, and Funds to indicate funds requested for the 36- month project period. Complete ED Form In FY 2003, the U.S. Department of number your pages consecutively throughout your document. Section B—Non-Federal Funds to indicate Education is continuing to expand the support from other public or private United pilot project that allows applicants to Program Authority: 20 U.S.C. 7271 et seq. States sources. use an Internet-based electronic system Dated: May 9, 2003. Fill in columns (a) Project Year 1; (b) Project Year 2; Project Year 3; and (f) Total. for submitting applications. This Nina S. Rees, competition is among those that provide In addition to ED Form 524, applicants must Deputy Under Secretary for Innovation and attach budget detail pages that itemize and for the electronic submission of Improvement. explain the costs requested for each budget applications by all applicants. Under Appendix category for each year of the project. The this system, called e-APPLICATION, an budget forms and budget detail pages are not applicant submits a grant application to Instructions for Estimated Public Reporting included in the page limit. us electronically, using a current Burden Note: Successful applicants will be version of the applicant’s Internet According to the Paperwork Reduction Act expected to report annually on the progress browser. To see e-APPLICATION visit of 1995, you are not required to respond to of each project or study included in the grant,
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including a description of preliminary or key in goals, objectives, methodology, or planned findings and an explanation of any changes products or publications.
BILLING CODE 4000–01–P
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[FR Doc. 03–12119 Filed 5–14–03; 8:45 am] BILLING CODE 4000–01–C
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Reader Aids Federal Register Vol. 68, No. 94 Thursday May 15, 2003
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 9 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: 2...... 24052 The United States Government Manual 741–6000 7668...... 23821 7669...... 23823 130...... 25308 Other Services 7670...... 23825 10 CFR Electronic and on-line services (voice) 741–6020 7671...... 23827 Privacy Act Compilation 741–6064 7672...... 23829 40...... 25281 70...... 23574 Public Laws Update Service (numbers, dates, etc.) 741–6043 7673...... 24333 71...... 23574 TTY for the deaf-and-hard-of-hearing 741–6086 7674...... 25277 7675...... 26195 72...... 23183 7676...... 26197 73...... 23574 ELECTRONIC RESEARCH 7677...... 26199 150...... 25281 Proposed Rules: World Wide Web Executive Orders: 12865 (Revoked by 20...... 23618 490...... 23620 Full text of the daily Federal Register, CFR and other publications 13298) ...... 24857 is located at: http://www.access.gpo.gov/nara 13069 (Revoked by 11 CFR 13298) ...... 24857 Federal Register information and research tools, including Public Proposed Rules: 13098 (Revoked by Inspection List, indexes, and links to GPO Access are located at: 104...... 26237 l http://www.archives.gov/federal register/ 13298) ...... 24857 107...... 26237 13298...... 24857 E-mail 110...... 26237 13299...... 25477 9003...... 26237 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13300...... 25807 9004...... 26237 an open e-mail service that provides subscribers with a digital Administrative Orders: 9008...... 26237 form of the Federal Register Table of Contents. The digital form Memorandums: 9032...... 26237 of the Federal Register Table of Contents includes HTML and Memorandum of May 9033...... 26237 PDF links to the full text of each document. 6, 2003 ...... 25275 9034...... 26237 To join or leave, go to http://listserv.access.gpo.gov and select Presidential 9035...... 26237 Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: 9036...... 26237 (or change settings); then follow the instructions. No. 2003-22 of May 6, 9038...... 26237 2003 ...... 25809 PENS (Public Law Electronic Notification Service) is an e-mail 12 CFR service that notifies subscribers of recently enacted laws. 5 CFR 21...... 25090 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 213...... 24605 208...... 25090 and select Join or leave the list (or change settings); then follow Ch. XIV ...... 23885 211...... 25090 the instructions. 2424...... 23885 326...... 25090 2429...... 23885 FEDREGTOC-L and PENS are mailing lists only. We cannot 563...... 25090 2471...... 23885 respond to specific inquiries. 740...... 23381 2472...... 23885 748...... 25090 Reference questions. Send questions and comments about the Proposed Rules: Proposed Rules: Federal Register system to: [email protected] 2601...... 23876 613...... 23425, 23426 The Federal Register staff cannot interpret specific documents or 7 CFR regulations. 14 CFR 6...... 25479 1...... 25486 29...... 25484 FEDERAL REGISTER PAGES AND DATE, MAY 11...... 25486 46...... 23377 25...... 24336, 24338 23183–23376...... 1 56...... 25484 39 ...... 23183, 23186, 23190, 23377–23568...... 2 301...... 24605, 24613 23384, 23387, 23575, 23886, 868...... 24589 23569–23884...... 5 24614, 24861, 25488, 25811, 932...... 23378 26201 23885–24332...... 6 985...... 23569, 25486 71 ...... 23577, 23579, 23580, 24333–24604...... 7 989...... 25279 23581, 23682, 24340, 24341, 24605–24858...... 8 1410...... 24830 24342, 24864, 24866, 24868, 24859–25278...... 9 1424...... 24596 24869, 24870, 24871, 24872, 25279–25478...... 12 1710...... 24335 24874, 25489, 25491, 25492, 25479–25808...... 13 Proposed Rules: 25493, 25494, 25495, 25684, 25809–26200...... 14 274...... 23927 26202 26201–26456...... 15 276...... 23927 73...... 25495 278...... 23927 77...... 23583 279...... 23927 97...... 23888, 23889 280...... 23927 382...... 24874 360...... 23425 Proposed Rules: 1530...... 23230 3...... 23808
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25...... 26237 121...... 25088 110...... 25496 67...... 23898 39 ...... 23231, 23235, 23427, 228...... 23891 117 ...... 23390, 23590, 24882, Proposed Rules: 23620, 24383, 25543, 26239, 24883, 25818, 26208 67...... 23941 26242, 26244 23 CFR 165 ...... 23390, 23393, 23399, 71 ...... 23622, 23624, 23625, 140...... 24639 23591, 23594, 23595, 23893, 45 CFR 23626 646...... 24639 23894, 23896, 24359, 24361, 2...... 25838 119...... 24810 661...... 24642 24883, 25288, 25498, 25500, 32...... 24052 121...... 24810 Proposed Rules: 25818, 26208 148...... 23410 135...... 24810 630...... 23239, 24384 Proposed Rules: 301...... 25293 145...... 24810 62...... 25855 302...... 25293 255...... 24896, 25844 24 CFR 66...... 25855 303...... 25293 330...... 23627 203...... 23370 67...... 25855 304...... 25293 399...... 24896, 25844 72...... 25855 307...... 25293 25 CFR 165 ...... 23935, 24406, 24408, 1309...... 23212 15 CFR Proposed Rules: 26247 46 CFR 0...... 24878 170...... 23631 401...... 25546 270...... 24343 Proposed Rules: 902...... 24615 26 CFR 34 CFR 540...... 23947 1 ...... 23586, 24349, 24351, 674...... 25821 16 CFR 47 CFR 24644, 24880 682...... 25821 305...... 23584 301...... 24644 685...... 25821 Ch. 1 ...... 25840 Proposed Rules: 602...... 24644 1...... 23417, 25841 309...... 24669 Proposed Rules: 36 CFR 2...... 25512 1 ...... 23632, 23931, 24404, Proposed Rules: 52...... 25843 17 CFR 24405, 24406, 24898, 24903, 251...... 25748, 25751 73 ...... 23613, 23900, 23901, 42...... 25149 25310, 25845 1280...... 23430 25512, 25542, 26220 230...... 25788 54...... 24406 74...... 25512, 26220 232...... 24345, 25788 602...... 24406 37 CFR 80...... 25512 239...... 25788 Proposed Rules: 90...... 25512 240...... 25788 27 CFR 262...... 23241 97...... 25512 241...... 25281 Proposed Rules: Proposed Rules: 249...... 25788 4...... 24903 38 CFR 1...... 23431 250...... 25788 5...... 24903 2...... 25503 15...... 23677 259...... 25788 7...... 24903 4...... 25822 64...... 25313 260...... 25788 9...... 25851 Proposed Rules: 73...... 24417 269...... 25788 13...... 24903 39...... 23249 48 CFR 270...... 25131 274...... 25788 28 CFR 39 CFR 511...... 24372 Proposed Rules: Proposed Rules: 516...... 24372 18 CFR 513...... 25545 111...... 23937 532...... 24372 375...... 25814 538...... 24372 376...... 25814 29 CFR 40 CFR 546...... 24372 Proposed Rules: Proposed Rules: 51...... 25684 552...... 24372 35...... 24679 1480...... 23634 52 ...... 23206, 23207, 23404, 1802...... 23423 1910...... 23528 23597, 23604, 24363, 24365, 1806...... 23423 19 CFR 4022...... 26206 24368, 24885, 25414, 25418, 1815...... 23423 178...... 24052 4044...... 26206 25442, 25504, 26210, 26212 1816...... 23423 62...... 23209, 25291 1843...... 23423 20 CFR 30 CFR 63 ...... 23898, 24562, 24653 1845...... 23424 Proposed Rules: 36...... 23892 71...... 25507 Proposed Rules: 404...... 23192, 24896 917...... 24644 80...... 24300 208...... 26265 416...... 23192, 24896 948...... 24355 81 ...... 24368, 25418, 25442, 219...... 26265 950...... 24647 26212 252...... 26265 21 CFR 89...... 25823 245...... 25313 Ch. 1 ...... 24879 31 CFR 180 ...... 24370, 25824, 25831 10...... 25283 103 ...... 25090, 25149, 25113, 271...... 23407, 23607 49 CFR 14...... 25283 25163 300...... 23211 107...... 23832, 24653 20...... 25283 315...... 24794 312...... 24888 171...... 23832, 24653 310...... 24347 351...... 24794 438...... 25686 173...... 24653 314...... 25283 353...... 24794 Proposed Rules: 176...... 23832 358...... 24347 359...... 24794 Ch. 1...... 24410, 25312 177...... 23832, 24653 520...... 26204 360...... 24794 52 ...... 23270, 23430, 23661, 180...... 24653 522...... 26205 363...... 24794 23662, 24416, 24417, 25547, 209...... 24891 720...... 25283 Proposed Rules: 26248 383...... 23844 1300...... 23195 103 ...... 23640, 23646, 23653, 60...... 24692 384...... 23844 1310...... 23195 25163 62...... 23272, 25313 571...... 23614, 24664 Proposed Rules: 63...... 26249 1570...... 23852 32 CFR 1 ...... 23630, 25242, 25188 71...... 25548 1572...... 23852 11...... 25188 311...... 24880 80...... 24311 Proposed Rules: 16...... 25242 505...... 25816 81...... 26248 193...... 23272 101...... 23930 806B ...... 24881 146...... 23666, 23673 571...... 26269, 26384 1308...... 26247 Proposed Rules: 258...... 25550 572...... 24417 1310...... 24689 701...... 24904 300...... 23939 1137...... 23947, 25859 22 CFR 33 CFR 44 CFR 50 CFR 42...... 24638 100...... 25817, 25818 64...... 23408 17...... 25934
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216...... 24905 648...... 24914, 25305 Proposed Rules: 622...... 23686 300 ...... 23224, 23901, 26230 660 ...... 23901, 23913, 23924 18...... 24700 648 ...... 23275, 23948, 23949, 600...... 23901, 26230 679 ...... 23925, 24615, 24667, 20...... 24324 24914 622...... 26230 24668, 26230 216...... 24905
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REMINDERS Class E airspace; published 2- West Coast salmon; North American Industry The items in this list were 19-03 comments due by 5-21- Classification System; editorially compiled as an aid Class E5 airspace; published 03; published 5-6-03 comments due by 5-20- to Federal Register users. 2-10-03 [FR 03-11083] 03; published 3-21-03 Inclusion or exclusion from IFR altitudes; published 4-11- EDUCATION DEPARTMENT [FR 03-06582] this list has no legal 03 Elementary and secondary FEDERAL ELECTION significance. Prohibited areas; published 2- education: COMMISSION 19-03 Disadvantaged children; Bipartisan Campaign Reform Act; implementation: RULES GOING INTO Restricted areas; published 1- academic achievement 23-03 improvement; comments Presidential candidates and EFFECT MAY 15, 2003 due by 5-19-03; published nominating conventions; TRANSPORTATION 3-20-03 [FR 03-06653] public financing; COMMERCE DEPARTMENT DEPARTMENT comments due by 5-23- ENVIRONMENTAL National Highway Traffic 03; published 5-15-03 [FR National Oceanic and PROTECTION AGENCY Atmospheric Administration Safety Administration 03-11978] Air pollution control: Fishery conservation and Motor vehicle safety GOVERNMENT ETHICS Interstate ozone transport management: standards: OFFICE reduction— Alaska; fisheries of Defect and noncompliance— Government ethics: Nitrogen oxides budget Exclusive Economic Reporting information and Post-employment conflict of trading program; Zone— documentation; interest restrictions; Section 126 petitions; published 4-15-03 comments due by 5-19- Pacific halibut; findings of significant 03; published 2-18-03 [FR subsistence fishing; contribution and 03-03043] published 4-15-03 COMMENTS DUE NEXT rulemaking; withdrawal Alaska; fisheries of WEEK provision; comments Correction; comments due Exclusive Economic due by 5-24-03; by 5-19-03; published Zone— published 4-4-03 [FR 3-31-03 [FR 03-07539] AGRICULTURE Pacific halibut; 03-08152] HEALTH AND HUMAN subsistence fishing; DEPARTMENT SERVICES DEPARTMENT Agricultural Marketing ENVIRONMENTAL correction; published 5- PROTECTION AGENCY Food and Drug 15-03 Service Administration Hass avocado promotion, Air quality implementation HEALTH AND HUMAN plans; approval and Human drugs: SERVICES DEPARTMENT research, and information Ophthalmic products for order; comments due by 5- promulgation; various Food and Drug States; air quality planning emergency first aid use Administration 19-03; published 3-18-03 (OTC); final monograph; [FR 03-06510] purposes; designation of Animal drugs, feeds, and areas: amendment; comments AGRICULTURE related products: Wisconsin; comments due due by 5-20-03; published DEPARTMENT Carprofen; published 5-15- by 5-19-03; published 4- 2-19-03 [FR 03-03927] 03 Animal and Plant Health 17-03 [FR 03-09347] HOMELAND SECURITY Inspection Service DEPARTMENT Fenbendazole suspension; ENVIRONMENTAL published 5-15-03 Plant related quarantine; PROTECTION AGENCY Coast Guard domestic: Penicillin G potassium in Air quality implementation Drawbridge operations: drinking water; published Fire ant, imported; plans; approval and Florida; comments due by 5-15-03 methoprene, authorized promulgation; various 5-19-03; published 3-19- Xylazine injection; published treatment; comments due States; air quality planning 03 [FR 03-06637] 5-15-03 by 5-20-03; published 3- purposes; designation of New Jersey; comments due 21-03 [FR 03-06799] NATIONAL CREDIT UNION areas: by 5-19-03; published 3- ADMINISTRATION User fees: Wisconsin; comments due 20-03 [FR 03-06638] Credit unions: Export certificates for by 5-19-03; published 4- Ports and waterways safety: Organization and ruminants; comments due 17-03 [FR 03-09348] Long Island Sound Marine by 5-20-03; published 3- operations— ENVIRONMENTAL Inspection and Captain of 21-03 [FR 03-06797] Chartering and field of PROTECTION AGENCY Port Zone, CT; regulated navigation area and safety membership policies; AGRICULTURE Air quality implementation and security zones; update; published 4-15- DEPARTMENT plans; approval and comments due by 5-19- 03 Foreign Agricultural Service promulgation; various 03; published 3-20-03 [FR States: TRANSPORTATION Farmers; trade adjustment 03-06642] DEPARTMENT assistance; comments due Louisiana; comments due by HOMELAND SECURITY by 5-23-03; published 4-23- 5-21-03; published 4-21- Federal Aviation DEPARTMENT Administration 03 [FR 03-10050] 03 [FR 03-09619] Customs Service Air traffic operating and flight COMMERCE DEPARTMENT ENVIRONMENTAL Articles conditionally free, rules, etc.: PROTECTION AGENCY National Oceanic and subject to reduced rates, Area navigation and Atmospheric Administration Air quality implementation etc.: miscellaneous plans; approval and Fishery conservation and African Growth and amendments; published 4- promulgation; various management: Opportunity Act; sub- 8-03 States: West Coast States and Saharan Africa trade Airworthiness directives: Western Pacific Louisiana; comments due by benefits; textile and McDonnell Douglas; fisheries— 5-21-03; published 4-21- apparel provisions; published 4-10-03 Pacfic Coast groundfish; 03 [FR 03-09620] comments due by 5-20- Class D airspace; published correction; comments Superfund program: 03; published 3-21-03 [FR 10-23-02 due by 5-22-03; Toxic chemical release 03-06760] Class D and Class E published 5-6-03 [FR reporting; community right- Caribbean Basin Economic airspace; published 2-10-03 03-11084] to-know— Recovery Act; textile and
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apparel provisions; comments due by 5-21- 03; published 3-18-03 [FR money laundering comments due by 5-20- 03; published 4-21-03 [FR 03-06044] concern; comments due 03; published 3-21-03 [FR 03-09783] TRANSPORTATION by 5-19-03; published 03-06755] NATIONAL AERONAUTICS DEPARTMENT 4-17-03 [FR 03-09410] HOMELAND SECURITY AND SPACE Federal Aviation Terrorism Risk Insurance DEPARTMENT ADMINISTRATION Administration Program Customs Service Space flight: Airworthiness directives: State residual market insurance entities and Merchandise, special classes, Astronaut candidates; Short Brothers and Harland State workers’ and financial and accounting recruitment and selection; Ltd.; comments due by 5- compensation funds; procedures: comments due by 5-23- 19-03; published 4-10-03 comments due by 5-19- Patent Survey Program; 03; published 4-23-03 [FR [FR 03-08750] 03-10002] 03; published 4-18-03 [FR discontinuation; comments Airworthiness standards: 03-09613] due by 5-19-03; published NUCLEAR REGULATORY Special conditions— TREASURY DEPARTMENT 3-20-03 [FR 03-06756] COMMISSION Embraer Model ERJ-170 Byproduct material; medical Terrorism Risk Insurance INTERIOR DEPARTMENT series airplanes; use: Program Surface coal mining hearings comments due by 5-23- Clarifications and Statutory conditions for and appeals; special rules; 03; published 4-23-03 Federal payment; comments due by 5-19-03; amendments; comments [FR 03-10045] due by 5-21-03; published comments due by 5-19- published 3-20-03 [FR 03- Class E airspace; comments 4-21-03 [FR 03-09601] 03; published 4-18-03 [FR 06555] due by 5-19-03; published 03-09611] NUCLEAR REGULATORY LABOR DEPARTMENT 4-3-03 [FR 03-08143] COMMISSION TREASURY DEPARTMENT Mine Safety and Health TRANSPORTATION Byproduct material; medical Terrorism Risk Insurance Administration DEPARTMENT use: Program Federal Aviation Coal mine safety and health: Clarifications and Statutory conditions for Administration Underground mines— amendments; comments Federal payment; cross- reference; comments due Sanitary toilets; standards; due by 5-21-03; published Class E airspace; comments by 5-19-03; published 4- comments due by 5-21- 4-21-03 [FR 03-09602] due by 5-19-03; published 4-17-03 [FR 03-09506] 18-03 [FR 03-09612] 03; published 4-21-03 PERSONNEL MANAGEMENT [FR 03-09656] OFFICE TRANSPORTATION VETERANS AFFAIRS DEPARTMENT LABOR DEPARTMENT Health and counseling DEPARTMENT Grants and cooperative programs, Federal National Highway Traffic Mine Safety and Health agreements; availability, etc.: Administration employees: Safety Administration Homeless Providers Grant Child care costs for lower Insurer reporting requirements: Coal mine safety and health: and Per Diem Program; income employees; Insurers required to file Underground mines— comments due by 5-19- agency use of reports; list; comments 03; published 3-19-03 [FR Sanitary toilets; standards; appropriated funds; due by 5-20-03; published 03-06329] comments due by 5-21- comments due by 5-23- 3-21-03 [FR 03-05629] 03; published 4-21-03 03; published 3-24-03 [FR TREASURY DEPARTMENT [FR 03-09655] 03-06887] Foreign Assets Control LIST OF PUBLIC LAWS LABOR DEPARTMENT TRANSPORTATION Office Mine Safety and Health This is a continuing list of DEPARTMENT Cuban assets control Administration public bills from the current Procedural regulations: regulations: Metal and nonmetal mine session of Congress which Air carriers; compensation Family and educational safety and health: procedures; adjustment; have become Federal laws. It travel transactions, may be used in conjunction Seat belts for off-road work comments due by 5-19- remittances, support for machines and wheeled 03; published 5-5-03 [FR with ‘‘PLUS’’ (Public Laws Cuban people and Update Service) on 202–741– agricultural tractors; 03-11185] humanitarian projects; comments due by 5-21- 6043. This list is also TRANSPORTATION technical amendments; available online at http:// 03; published 4-21-03 [FR DEPARTMENT comments due by 5-23- 03-09658] www.nara.gov/fedreg/ Federal Aviation 03; published 3-24-03 [FR plawcurr.html. LABOR DEPARTMENT Administration 03-06808] Mine Safety and Health Airworthiness directives: TREASURY DEPARTMENT The text of laws is not published in the Federal Administration Bell; comments due by 5- Internal Revenue Service Register but may be ordered 19-03; published 3-18-03 Metal and nonmetal mine Excise taxes: in ‘‘slip law’’ (individual [FR 03-06136] safety and health: Structured settlement pamphlet) form from the Seat belts for off-road work TRANSPORTATION factoring transactions; Superintendent of Documents, machines and wheeled DEPARTMENT cross-reference; U.S. Government Printing agricultural tractors; Federal Aviation comments due by 5-20- Office, Washington, DC 20402 comments due by 5-21- Administration 03; published 2-19-03 [FR (phone, 202–512–1808). The 03; published 4-21-03 [FR Airworthiness directives: 03-03865] text will also be made 03-09657] Bombardier; comments due TREASURY DEPARTMENT available on the Internet from LIBRARY OF CONGRESS by 5-23-03; published 4- Currency and foreign GPO Access at http:// Copyright Office, Library of 23-03 [FR 03-09690] transactions; financial www.access.gpo.gov/nara/ Congress TRANSPORTATION reporting and recordkeeping nara005.html. Some laws may not yet be available. Copyright Arbitration Royalty DEPARTMENT requirements: Panel rules and procedures: Federal Aviation USA PATRIOT Act; H.R. 1770/P.L. 108–20 Digital performance of Administration implementation— Smallpox Emergency sound recordings; Airworthiness directives: Nauru; special measures Personnel Protection Act of reasonable rates and General Electric Co.; imposition due to 2003 (Apr. 30, 2003; 117 Stat. terms determinations; comments due by 5-19- designation as primary 638)
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S. 151/P.L. 108–21 Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Apr. 30, 2003; 117 Stat. 650) Last List April 29, 2003
Public Laws Electronic Notification Service (PENS)
PENS is a free electronic mail notification service of newly enacted public laws. To subscribe, go to http:// listserv.gsa.gov/archives/ publaws-l.html Note: This service is strictly for E-mail notification of new laws. The text of laws is not available through this service. PENS cannot respond to specific inquiries sent to this address.
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