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1 II Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002

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2 III

Contents Federal Register Vol. 67, No. 227

Monday, November 25, 2002

Agriculture Department NOTICES See Farm Service Agency Grants and cooperative agreements; availability, etc.: See Food and Nutrition Service Nuclear Explosion Monitoring Research and Engineering See Forest Service Program, 70586 See Rural Business-Cooperative Service Meetings: NOTICES Environmental Management Site-Specific Advisory Environmental statements; availability, etc.: Board— Northwest Forest Plan, CA, OR, and WA, 70575–70576 Oak Ridge Reservation, TN, 70586–70587 Meetings: Forest and agriculture greenhouse gas offsets; accounting Engineers Corps rules and guidelines, 70576–70577 NOTICES Environmental statements; notice of intent: Air Force Department Volusia County et al., FL; Indian River Lagoon-North NOTICES feasibility study, 70585–70586 Agency information collection activities: Proposed collection; comment request, 70584 Environmental Protection Agency Global Positioning Systems: RULES Navstar GPS Space Segment/Navigation User Interfaces; Air quality implementation plans; approval and L2C signal description; comment request, 70584 promulgation; various States: California; withdrawn, 70555–70556 Montana; correction, 70554–70555 Antitrust Division PROPOSED RULES NOTICES Air programs: Competitive impact statements and proposed consent Commercial and industrial solid waste incinerators judgments: constructed on or before November 30, 1999; Federal Manitowoc Co., Inc., et al., 70620–70623 plan requirements, 70639–70672 NOTICES Army Department Air pollution control: See Engineers Corps State operating permits programs— NOTICES Louisiana, 70594 Senior Executive Service: Grants and cooperative agreements; availability, etc.: Performance Review Board; membership, 70584–70585 Superfund; State and Tribal Response Programs, 70594– 70598 Centers for Disease Control and Prevention Meetings: NOTICES Gulf of Mexico Program Policy Review Board, 70598– Agency information collection activities: 70599 Proposed collection; comment request, 70601–70602 Grants and cooperative agreements; availability, etc.: Export-Import Bank Systems-Based Diabetes Prevention and Control NOTICES Programs, 70602–70611 Meetings: Advisory Committee, 70599 Coast Guard RULES Farm Service Agency Drawbridge operations: NOTICES Alabama, 70550–70551 Agency information collection activities: Louisiana, 70551–70552 Proposed collection; comment request, 70577 North Carolina, 70552–70554 Texas, 70551 Federal Aviation Administration RULES Commerce Department Airworthiness directives: See Industry and Security Bureau MT-Propeller Entwicklung GmbH, 70532–70533 See International Trade Administration Textron Lycoming; correction, 70638 See National Oceanic and Atmospheric Administration Class D airspace, 70533–70534 Class E airspace, 70534–70535 Class E airspace; correction, 70638 Defense Department PROPOSED RULES See Air Force Department Class D airspace, 70564–70565 See Army Department Class E airspace, 70566 See Engineers Corps NOTICES Passenger facility charges; applications, etc.: Energy Department Minneapolis-St. Paul International Airport, MN, 70634– See Federal Energy Regulatory Commission 70635

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Federal Communications Commission Housing and Urban Development Department RULES NOTICES Digital television stations; table of assignments: Agency information collection activities: Florida, 70556 Submission for OMB review; comment request, 70614– 70615 Federal Election Commission Mortgage and loan insurance programs: NOTICES HUD-held unsubsidized multifamily and healthcare Special elections; filing dates: mortgage loan sale, 70615–70616 Hawaii, 70599–70600 Indian Health Service Federal Emergency Management Agency NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Disaster and emergency areas: American Indians/Alaska Natives; Indian Women’s Alaska, 70600 Health Demonstration Program, 70612 Texas, 70600–70601 Meetings: Industry and Security Bureau Emergency Medical Services Federal Interagency RULES Committee, 70601 Export administration regulations: Federal Energy Regulatory Commission Yugoslavia; exports and reexports; UN arms embargo- NOTICES based controls lifted; and Rwanda; UN arms Environmental statements; notice of intent: embargo-based controls clarified, 70545–70550 AES Ocean Express, L.L.C., 70589–70592 Energy West Development, Inc., 70592–70594 Interior Department Hydroelectric applications; correction, 70638 See Land Management Bureau Applications, hearings, determinations, etc.: CenterPoint Energy Gas Transmission Co., 70587 Internal Revenue Service El Paso Electric Co. et al, 70587 NOTICES Kern River Gas Transmission Co., 70587 Agency information collection activities: National Fuel Gas Supply Corp., 70587–70588 Proposed collection; comment request, 70635 PG&E Gas Transmission, Northwest Corp., 70588 Meetings: Questar Pipeline Co., 70588 Electronic Tax Administration Advisory Committee, Tennessee Gas Pipeline Co., 70588–70589 70635–70636 Zond Windsystems Holding Co. et al, 70589 Taxpayer Advocacy Panels, 70636–70637

Federal Mediation and Conciliation Service International Trade Administration PROPOSED RULES NOTICES Arbitration services: Antidumping: Fee schedule, 70569–70570 Collated roofing nails from— China and Taiwan, 70578–70579 Food and Drug Administration Malleable iron pipe fittings from— NOTICES China, 70579–70581 Agency information collection activities: North American Free Trade Agreement (NAFTA); Reporting and recordkeeping requirements, 70611 binational panel reviews: Meetings: Circular welded non-alloy steel pipe from— Endocrinologic and Metabolic Drugs Advisory Mexico, 70581–70582 Committee, 70611–70612 Justice Department Food and Nutrition Service See Antitrust Division PROPOSED RULES Food Stamp Program: Labor Department Food retailers and wholesalers; administrative review requirements, 70561–70564 See Pension and Welfare Benefits Administration

Forest Service Land Management Bureau NOTICES NOTICES Meetings: Environmental statements; availability, etc.: Resource Advisory Committees— Ivanpah Energy Center, NV, 70617–70618 Mineral County, 70578 Opening of public lands: Tehama County, 70578 Idaho, 70618 Realty actions; sales, leases, etc.: Health and Human Services Department Nevada, 70618–70620 See Centers for Disease Control and Prevention Withdrawal and reservation of lands: See Food and Drug Administration California, 70620 See Indian Health Service See National Institutes of Health National Crime Prevention and Privacy Compact Council See Substance Abuse and Mental Health Services PROPOSED RULES Administration Dispute adjudication procedures, 70567–70569

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National Institutes of Health Public Health Service NOTICES See Centers for Disease Control and Prevention Meetings: See Food and Drug Administration Advisory Committee to Director, 70612 See Indian Health Service National Cancer Institute, 70612 See National Institutes of Health National Institute of Allergy and Infectious Diseases, See Substance Abuse and Mental Health Services 70612–70614 Administration National Institute of Environmental Health Sciences, 70613 Rural Business-Cooperative Service RULES National Labor Relations Board Direct final rulemaking; policy statement, 70529 NOTICES Organization, functions, and authority delegations: Securities and Exchange Commission General Counsel, 70628 NOTICES Meetings; Sunshine Act, 70631 National Oceanic and Atmospheric Administration Self-regulatory organizations; proposed rule changes: RULES Philadelphia Stock Exchange, Inc., 70631–70633 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Small Business Administration Pacific cod, 70557–70558 NOTICES Northeastern United States fisheries— Agency information collection activities: Atlantic mackerel, squid, and butterfish, 70556 Submission for OMB review; comment request, 70633 Summer flounder, 70556–70557 Disaster loan areas: PROPOSED RULES Ohio, 70633–70634 Fishery conservation and management: Texas, 70634 Northeastern United States fisheries— West Virginia, 70634 Northeast multispecies and monkfish, 70570–70573 West Coast States and Western Pacific fisheries— Substance Abuse and Mental Health Services Coastal pelagic species, 70573–70574 Administration NOTICES NOTICES Fishery conservation and management: Meetings: Northeastern United States fisheries— SAMHSA Special Emphasis Panels; correction, 70614 Atlantic surf clam and ocean quahog, 70582 Grants and cooperative agreements; availability, etc.: Thrift Supervision Office Numerical and climate prediction models; satellite data RULES assimilation; correction, 70582–70583 Regulatory reporting standards: Permits: Independent public accountants performing audit Endangered and threatened species, 70583–70584 services for voluntary audit filers; qualifications, 70529–70531 National Science Foundation NOTICES NOTICES Applications, hearings, determinations, etc.: Antarctic Conservation Act of 1978; permit applications, Wayne Savings Bankshares, MHC, 70637 etc., 70628 Transportation Department Nuclear Regulatory Commission See Coast Guard RULES See Federal Aviation Administration Spent nuclear fuel and high-level radioactive waste; RULES independent storage; licensing requirements: Airline service quality performance reports: Approved spent fuel storage casks; list Causes of airline delays and cancellations; reporting Correction, 70638 requirements modifications, 70535–70545 NOTICES Petitions; Director’s decisions: Treasury Department Union of Concerned Scientists, 70628–70629 See Internal Revenue Service See Thrift Supervision Office Pension and Welfare Benefits Administration NOTICES Employee benefit plans; class exemptions: Separate Parts In This Issue Voluntary Fiduciary Correction Program, 70623–70628 Part II Personnel Management Office Environmental Protection Agency, 70639–70672 PROPOSED RULES Organization, functions, and authority delegations: Federal Executive Boards, 70559–70561 Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Excepted service: phone numbers, online resources, finding aids, reminders, Schedules A, B, and C; positions placed or revoked— and notice of recently enacted public laws. Update, 70629–70631

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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.

5 CFR Proposed Rules: 960...... 70559 7 CFR Chapter XVIII ...... 70529 Chapter XLII ...... 70529 Proposed Rules: 278...... 70561 279...... 70561 10 CFR 72...... 70638 12 CFR 562...... 70529 14 CFR 39 (2 documents) ...... 70532, 70638 71 (4 documents) ...... 70533, 70534, 70535, 70638 234...... 70535 Proposed Rules: 71 (2 documents) ...... 70564, 70566 15 CFR 732...... 70545 738...... 70545 746...... 70545 758...... 70545 774...... 70545 28 CFR Proposed Rules: 902...... 70567 29 CFR Proposed Rules: 1404...... 70569 33 CFR 117 (5 documents) ...... 70550, 70551, 70552 40 CFR 52 (2 documents) ...... 70554, 70555 Proposed Rules: 62...... 70640 47 CFR 73...... 70556 50 CFR 648 (2 documents) ...... 70556 679...... 70557 Proposed Rules: 648...... 70570 660...... 70573

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Rules and Regulations Federal Register Vol. 67, No. 227

Monday, November 25, 2002

This section of the FEDERAL REGISTER review, clear, and publish separate proposed rule. In such cases, RBS will contains regulatory documents having general proposed and final rules. not institute a second comment period applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: on the action. are keyed to and codified in the Code of Pandor H. Hadjy, Assistant Deputy In accordance with rulemaking Federal Regulations, which is published under provisions of the Administrative 50 titles pursuant to 44 U.S.C. 1510. Administrator, Business Programs, RBS, U.S. Department of Agriculture, Room Procedure Act (5 U.S.C. 533), the direct The Code of Federal Regulations is sold by 5050–S, 1400 Independence Avenue, final rulemaking procedure gives the the Superintendent of Documents. Prices of SW., STOP 3220, Washington, DC public general notice of RBS’ intent to new books are listed in the first FEDERAL 20250–3220; Telephone: 202–720–9693; adopt a new rule and gives interested REGISTER issue of each week. Facsimile: 202–690–0097; E-mail: persons an opportunity to participate in [email protected]. the rulemaking process through SUPPLEMENTARY INFORMATION: submission of and consideration by RBS DEPARTMENT OF AGRICULTURE RBS is committed to improving the efficiency of comments. The major feature of the direct final rulemaking process is that if Rural Business-Cooperative Service of its regulatory process. In pursuit of this goal, we plan to employ the RBS receives no written adverse comments and no written notice of 7 CFR Chapters XVIII and XLII rulemaking procedure known as ‘‘direct final rulemaking’’ to promulgate some intent to submit adverse comments Policy Statement for Direct Final RBS rules. within the comment period specified, Rulemaking RBS will publish a document in the The Direct Final Rule Process Federal Register stating that no adverse AGENCY: Rural Business-Cooperative Rules that RBS judges to be comments were received regarding the Service, USDA. noncontroversial and unlikely to result direct final rule and confirming that the ACTION: Policy statement. in adverse comments will be published direct final rule is effective on the date in the Federal Register as direct final in the direct final rule. SUMMARY: The Rural Business- rules. At the same time, RBS may Determining When To Use Direct Final Cooperative Service (RBS) is publish a document in the proposed Rulemaking implementing a new rulemaking rules section of the same issue of the procedure to expedite making Federal Register proposing approval of Not all RBS rules are good candidates noncontroversial changes to its and soliciting comments on the same for the direct final rulemaking. RBS regulations. Rules that RBS judges to be action contained in the direct final rule. intends to use the direct final noncontroversial and unlikely to result Each direct final rule will advise the rulemaking procedure only for rules that in adverse comments will be published public that no adverse comments are we consider non-controversial and as ‘‘direct final’’ rules. ‘‘Adverse anticipated, and that, unless adverse unlikely to generate adverse comments. comments’’ are those comments that comments are received within 30 days, The decision whether to use the direct suggest a rule should not be adopted or the direct final rule will be effective 45 final rulemaking process for a particular suggest that a change should be made to days from the date the direct final rule action will be based on RBS’ experience the rule. Each direct final rule will is published in the Federal Register. with similar actions. advise the public that no adverse ‘‘Adverse comments’’ are comments that Dated: October 31, 2002. comments are anticipated, and that, suggest that the rule should not be John Rosso, unless written adverse comments or adopted or that suggest that a change Administrator, Rural Business-Cooperative written notice of intent to submit should be made to the rule. A comment Service. adverse comments is received within 30 expressing support for the rule as [FR Doc. 02–29480 Filed 11–22–02; 8:45 am] days from the date the direct final rule published will not be considered BILLING CODE 3410–XY–P is published in the Federal Register, the adverse. Further, a comment suggesting rule will be effective 45 days from the that requirements in the rule should or date the direct final rule is published in should not be employed by RBS in other the Federal Register. At the same time, programs or situations outside the scope DEPARTMENT OF THE TREASURY RBS may publish a document in the of the direct final rule will not be proposed rules section of the same issue considered adverse. If RBS receives Office of Thrift Supervision of the Federal Register proposing written adverse comments or written approval of and soliciting comments on notice of intent to submit adverse 12 CFR Part 562 the same action contained in the direct comments within 30 days of the final rule. If adverse comments or notice publication of a direct final rule, a [No. 2002–54] of intent to file adverse comments are document withdrawing the direct final received by RBS, the direct final rule rule prior to its effective date will be RIN 1550–AB54 will be withdrawn prior to the effective published in the Federal Register Regulatory Reporting Standards: date. RBS will address the comments stating that adverse comments were Qualifications for Independent Public received in response to the direct final received. If RBS concurrently published Accountants Performing Audit rule in a subsequent final rule. This new a notice of proposed rulemaking RBS Services for Voluntary Audit Filers policy should expedite promulgation of will address the comments received in non-controversial rules by reducing the response to the direct final rule in a AGENCY: Office of Thrift Supervision, time that would be required to develop, subsequent final rule on the related Treasury.

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ACTION: Interim final rule with request I. Background and Changes non-publicly held savings associations for comments. Savings associations that are publicly that voluntarily file audits with the traded,1 have assets of $500 million or agency to follow the prohibition from SUMMARY: The Office of Thrift more,2 or have a 3, 4, or 5 CAMEL Sarbanes-Oxley, OTS is concerned that Supervision (OTS) is adopting an rating 3 must obtain and file an annual an absolute prohibition in this manner interim final rule that amends its annual independent audit. Small, non-public, may be unnecessarily detrimental to independent audit requirements for 1- or 2-rated savings associations are not some voluntary filers. Specifically, OTS small, non-public, highly rated savings required to obtain an independent audit. believes that small institutions with less associations that voluntarily obtain Currently, OTS regulations require that complex operations and limited staff, independent audits. This change will public accountants conducting these may, in some instances, use their make OTS’s requirements more independent audits (whether required independent public accountant to consistent with those of the other or voluntary) follow the SEC perform both an external audit and federal banking agencies and will avoid independence rules, including those some or all of an audit client’s non-audit the potential regulatory burden that governing outsourcing of non-audit activities consistent with the OTS’s could otherwise result from other services. 12 CFR 562.4(d) and (e) (2002). safety and soundness objectives. Some regulatory action. In 1994 when OTS originally of these institutions may not have DATES: This interim rule is effective promulgated §§ 562.4(d) and (e), OTS access to a full range of qualified public November 25, 2002. Written comments believed that the SEC independence accountants such that they could engage rules provided an appropriate standard must be received by December 26, 2002. both an external auditor and a different for assessing auditor independence and ADDRESSES: outside firm to perform non-audit that this standard would not unduly functions. Other institutions may Mail: Send comments to Regulation burden small, non-public, highly rated Comments, Chief Counsel’s Office, savings associations that file voluntary reasonably have determined that the Office of Thrift Supervision, 1700 G audits with OTS.4 Because recent costs of having a full time in-house staff Street, NW., Washington, DC 20552, statutory changes intended to reach to perform those services exceed the Attention: No. 2002–54. publicly traded institutions would benefits. Delivery: Hand deliver comments to indirectly affect these voluntary filers, Moreover, none of the other banking the Guard’s Desk, East Lobby Entrance, OTS has reexamined the use of this agencies require that institutions that 1700 G Street, NW., from 9 a.m. to 4 standard. file voluntary audits follow the SEC p.m. on business days, Attention: On July 30, 2002, Congress passed the independence rules. Requiring savings Regulation Comments, Chief Counsel’s Sarbanes-Oxley Act of 2002.5 Title II of associations to do so may place these Office, No. 2002–54. that act sets forth standards for auditor savings associations at an unnecessary Facsimiles: Send facsimile independence. Specifically, section competitive disadvantage as these transmissions to FAX Number (202) 201(g)(5) prohibits a registered public requirements became more restrictive. 906–6518, Attention: Regulations accountant from performing an audit for Therefore, OTS is amending its a public company contemporaneously Comments, No. 2002–54. regulation to eliminate the requirement with providing that company with E-Mail: Send e-mails to that institutions voluntarily filing audits delineated non-audit services, including [email protected], Attention: comply with the SEC independence internal audit outsourcing services. This No. 2002–54, and include your name rules.7 and telephone number. congressional mandate would affect a change in the SEC independence rules. On the other hand, OTS continues to Availability of comments: OTS will If OTS rules remain unchanged, a believe that auditor independence is post comments and the related index on savings association that obtains a important to the safety and soundness of the OTS Internet Site at http:// voluntary audit may not use its external all institutions and thus OTS is www.ots.treas.gov. In addition, you may auditors to perform non-auditing retaining the requirement that inspect comments at the Public Reading services.6 Although OTS encourages institutions filing voluntary audits Room, 1700 G Street, NW., by comply with the AICPA Professional appointment. To make an appointment 1 17 U.S.C. 78m (West 2002). Generally, federally- Conduct Code, including those sections for access, call (202) 906–5922, send an chartered publicly traded savings associations file that address independence. Further, e-mail to [email protected], or annual audits with OTS, while generally publicly OTS may monitor voluntary audit filers’ send a facsimile transmission to (202) traded federally-chartered thrift holding companies 906–7755. (Please identify the materials file audits with the Securities and Exchange non-audit outsourcing to ensure that Commission (SEC). institutions are properly preserving the you would like to inspect to assist us in 2 12 CFR 363.2 (2002). These institutions file independence between the two serving you.) We schedule annual audits with the Federal Deposit Insurance appointments on business days between Corporation and OTS. functions. OTS believes that this 10 a.m. and 4 p.m. In most cases, 3 12 CFR 562.4(b). These savings associations file approach is the most effective means of appointments will be available the annual audits with OTS. maintaining comparability and 4 The SEC modified its independence rules in consistency with the other banking business day after the date we receive a December 2000. The modified rules, although more request. restrictive than those in effect in 1994, continued agencies. This approach also reduces to provide an appropriate standard for savings regulatory burden on savings FOR FURTHER INFORMATION CONTACT: associations that file audits voluntarily. However, associations filing voluntary audits Christine Smith, Project Manager, (202) see discussion below concerning changes required consistent with safe and sound by the Sarbanes-Oxley Act of 2002, Pub. L. No. 107– 906–5740, Examination Policy Division, regulation. or Teresa A. Scott, Counsel (Banking & 204, § 201, 116 Stat. 745 (2002). 5 Sarbanes-Oxley Act of 2002, Pub. L. No. 107– Finance), (202) 906–6478, Regulations 7 OTS understands that passage of the Sarbanes- 204, § 201, 116 Stat. 745 (2002). Oxley Act may place increased responsibilities on and Legislation Division, Office of Thrift 6 These services include bookkeeping, financial Supervision, 1700 G Street, NW., information systems design, appraisal, valuation, small publicly held savings associations, including Washington, DC 20552. and actuarial services, and internal audit the prohibitions against outsourcing internal non- outsourcing services. For a complete list of audit services to the association’s external auditor. SUPPLEMENTARY INFORMATION: prohibited activities, see id. at § 201. Nothing in this rule affects those requirements.

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II. Justification for Interim Rule made effective before 30 days after its private sector, of $100 million or more publication. 5 U.S.C. 553(b)(B). This in any one year. Accordingly, section A. Notice and Comment Requirement APA provision does not apply, however, 202 of the Unfunded Mandates Act does Section 553 of the Administrative if the rule grants or recognizes an not require the OTS to prepare a Procedure Act (APA) permits an agency exemption or relieves a restriction. budgetary impact statement for this rule. to issue rules without prior notice and OTS concludes that neither CDRIA comment if the agency finds good cause nor the APA precludes the publication D. Paperwork Reduction Act and explains its finding when it of this rule with an immediate effective The OTS has determined that this publishes the rule. 5 U.S.C. 553(b)(B). A date. This rule makes only burden interim final rule does not involve a finding that notice and comment are reducing amendments to OTS rules and change to collections of information impracticable, unnecessary, or contrary relieves current requirements on previously approved under the to the public interest constitutes good independence and non-audit Paperwork Reduction Act (44 U.S.C. cause. outsourcing activities. 3501 et seq.). As discussed more fully above, OTS has examined the legislative changes II. Findings and Certifications List of Subjects in 12 CFR Part 562 made by the Sarbanes-Oxley Act and the A. Executive Order 12866 Accounting, Reporting and potential impact of any implementing The Director of OTS has determined recordkeeping requirements, Savings regulations on small, non-public savings that this interim rule does not constitute associations. associations. OTS believes that the a ‘‘significant regulatory action’’ for the interaction of these changes with OTS’s For the reasons set out in the purposes of Executive Order 12866. current regulations on voluntary audits preamble, the Office of Thrift could significantly increase the B. Regulatory Flexibility Act Supervision amends part 562 of chapter V, title 12, of the Code of Federal regulatory burden on these small thrifts. Under the Regulatory Flexibility Act, Regulations as follows: Small, non-public banks and non- OTS must either provide an Initial depository institutions are not covered Regulatory Flexibility Analysis (IRFA) by the new independence rules. Small, PART 562—REGULATORY with this interim rule, or certify that the REPORTING STANDARDS non-public, highly rated thrifts do not rule would not have a significant pose any greater risks. economic impact on a substantial Elimination of the regulatory 1. The authority citation for part 562 number of small entities. Pursuant to continues to read as follows: requirement decreases burden on the section 605(b) of the Regulatory industry and permits certain savings Flexibility Act, OTS certifies that this Authority: 12 U.S.C. 1463 associations more flexibility in interim rule will not have a significant 2. Amend § 562.4 by revising accessing the marketplace in search of economic impact on a substantial paragraphs (d)(3) and (e) to read as non-audit services that may be number of small entities. It removes a follows: performed by outside entities. The requirement that could, if left change also aligns OTS regulations more unchecked, inadvertently lead to § 562.4 Audit of savings associations and closely to those of the other banking potential additional regulatory burden. savings association holding companies. agencies. Accordingly, OTS concludes The interim rule, which is written in * * * * * that public notice and comment on plain language, reduces regulatory (d) * * * these changes in advance of burden. implementation are unnecessary and (3)(i) Is in compliance with the contrary to the public interest. C. Unfunded Mandates Reform Act of American Institute of Certified Public Nonetheless, OTS invites comments on 1995 Accountants’ (AICPA) Code of Professional Conduct; and this interim rule during the 60-day Section 202 of the Unfunded period following its publication. In Mandates Reform Act of 1995 8 (ii) Meets the independence developing a final rule, OTS will (Unfunded Mandates Act) requires that requirements and interpretations of the consider all public comments it receives an agency prepare a budgetary impact Securities and Exchange Commission within that period. statement before promulgating a rule and its staff; and * * * * * B. Effective Date Requirement that includes a federal mandate that may result in expenditures by state, (e) Voluntary audits. When a savings Section 302 of the Riegle Community local, and tribal governments, in the association, savings and loan holding Development and Regulatory aggregate, or by the private sector, of company, or affiliate (as defined by 12 Improvement Act of 1994 (CDRIA), 12 $100 million or more in any one year. CFR 563.41(b)(1)) obtains an U.S.C. 4802, requires that new OTS If a budgetary impact statement is independent audit voluntarily, it must regulations and amendments to existing required, section 205 of the Unfunded be performed by an independent public regulations take effect on the first day of Mandates Act also requires an agency to accountant who satisfies the a calendar quarter that begins on or after identify and consider a reasonable requirements of paragraphs (d)(1), (d)(2), the date of publication of the rule. This number of regulatory alternatives before and (d)(3)(i) of this section. delayed effective date provision applies promulgating a rule. OTS has only if the rule imposes additional Dated: November 18, 2002. determined that this interim rule will By the Office of Thrift Supervision. reporting, disclosure, or other new not result in expenditures by state, James Gilleran, requirements on insured depository local, or tribal governments, or by the institutions. Director. As a related matter, section 553(d) of 8 Pub. L. 104–4, 109 Stat. 48 (1995) (codified at [FR Doc. 02–29833 Filed 11–22–02; 8:45 am] the APA states that a rule must not be 2 U.S.C. Chs. 17A, 25). BILLING CODE 6720–01–P

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DEPARTMENT OF TRANSPORTATION Executive Park, Burlington, MA; or at For the reasons discussed above, I the Office of the Federal Register, 800 certify that this action (1) is not a Federal Aviation Administration North Capitol Street, NW., Suite 700, ‘‘significant regulatory action’’ under Washington, DC. Executive Order 12866; (2) is not a 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: ‘‘significant rule’’ under the DOT [Docket No. 99–NE–35–AD; Amendment 39– Wayne E. Gaulzetti, Aerospace Regulatory Policies and Procedures (44 12953; AD 2002–23–09] Engineer, Boston Aircraft Certification FR 11034, February 26, 1979); and (3) Office, FAA, Engine and Propeller will not have a significant economic RIN 2120–AA64 Directorate, 12 New England Executive impact, positive or negative, on a Airworthiness Directives; MT-Propeller Park, Burlington, MA 01803–5299; substantial number of small entities Entwicklung GMBH Models MTV–9–B– telephone (781) 238–7156, fax (781) under the criteria of the Regulatory C and MTV–3–B–C Propellers 238–7199. Flexibility Act. A final evaluation has SUPPLEMENTARY INFORMATION: A been prepared for this action and it is AGENCY: Federal Aviation proposal to amend part 39 of the Federal contained in the Rules Docket. A copy Administration, DOT. Aviation Regulations (14 CFR part 39) of it may be obtained by contacting the ACTION: Final rule. by superseding AD 99–14–06, Rules Docket at the location provided Amendment 39–11216 (64 FR 36777, under the caption ADDRESSES. SUMMARY: This amendment supersedes July 8, 1999), which is applicable to List of Subjects in 14 CFR Part 39 an existing airworthiness directive (AD), MT-Propeller Entwicklung GMBH that is applicable to MT-Propeller models MTV–9–B–C and MTV–3–B–C Air transportation, Aircraft, Aviation Entwicklung GMBH Models MTV–9–B– propellers was published in the Federal safety, Incorporation by reference, C and MTV–3–B–C propellers. That AD Register on February 27, 2002 (67 FR Safety. currently requires initial and repetitive 8910). That action proposed to require Adoption of the Amendment inspections of Torx head blade root lag the expansion of the applicability from screws that are used on certain serial certain serial number (SN) propellers to Accordingly, pursuant to the number (SN) propellers and all propellers with certain SN blades authority delegated to me by the replacement of all lag screws on the that may contain the suspect Torx head Administrator, the Federal Aviation propeller if any screws are found broken blade root lag screws in accordance with Administration amends part 39 of the or with insufficient torque. In addition, MT-Propeller Entwicklung GMBH SB Federal Aviation Regulations (14 CFR that AD currently requires the No. 17–A, dated March 5, 1999. part 39) as follows: replacement of certain part number (P/ N) Torx head blade root lag screws with Comments PART 39—AIRWORTHINESS improved, hexagonal head blade root lag Interested persons have been afforded DIRECTIVES screws. This amendment requires the an opportunity to participate in the 1. The authority citation for part 39 expansion of the applicability from making of this amendment. No continues to read as follows: certain SN propellers to all propellers comments were received on the with certain SN blades that may contain proposal or the FAA’s determination of Authority: 49 U.S.C. 106(g), 40113, 44701. the suspect Torx head blade root lag the cost to the public. The FAA has § 39.13 [Amended] screws. This amendment is prompted by determined that air safety and the 2. Section 39.13 is amended by FAA awareness that a propeller hub of public interest require the adoption of removing Amendment 39–11216, (64 FR an affected propeller could be changed, the rule as proposed. 36777 July 8, 1999) and by adding a new thereby changing the propeller serial Economic Analysis airworthiness directive, Amendment number, creating a propeller that is not 39–12953, to read as follows: listed in the AD and that has affected There are approximately 250 blades and lag screws. The actions propellers of the affected design in the 2002–2–23–09 MT-Propeller Entwicklung specified by this AD are intended to worldwide fleet. The FAA estimates that GMBH: Amendment 39–12953. Docket prevent failure of the blade root lag 125 propellers installed on airplanes of No. 99–NE–35–AD. Supersedes AD 99– 14–06, Amendment 39–11216. screw, which could result in propeller U.S. registry would be affected by this blade separation and loss of control of AD. The FAA also estimates that it Applicability: This airworthiness directive (AD) is applicable to MT-Propeller the airplane. would take approximately 13 work hours per propeller to do the actions, Entwicklung GMBH models MTV–9–B–C and DATES: Effective December 30, 2002. MTV–3–B–C propellers equipped with The incorporation by reference of and that the average labor rate is $60 per work hour. Based on these figures, the CL250–27 or CL260–27 blades with serial certain publications, as listed in the numbers (SN’s) starting with letter ‘‘A’’ total cost of the AD on U.S. operators is regulations, was approved previously by through ‘‘P’’, equipped with Torx head blade estimated to be $97,500. the Director of the Federal Register as of root lag screws, part number (P/N) A–549–85 July 23, 1999 (64 FR 36777, July 8, Regulatory Analysis (3mm thread pitch), or P/N A–550–85 (4mm thread pitch); and Model MTV–3–B–C 1999). This final rule does not have propellers, equipped with L250–21 blades ADDRESSES: The service information federalism implications, as defined in with SN’s starting with letter ‘‘A’’ through referenced in this AD may be obtained Executive Order 13132, because it ‘‘P’’, equipped with Torx head blade root lag from MT-Propeller Entwicklung GMBH, would not have a substantial direct screws, P/N A–549–85 (3mm thread pitch), Airport Straubing-Wallmuhle, D–94348 effect on the States, on the relationship or P/N A–550–85 (4mm thread pitch). These propellers are installed on, but not limited to, Atting, Germany; telephone (0 94 29) 84 between the national government and Sukhoi SU–26, SU–29, SU–31; Yakovlev 33; fax (0 94 29) 84 32; Internet address: the States, or on the distribution of YAK–52, YAK–54, YAK–55, and Technoavia ‘‘[email protected]’’. This information power and responsibilities among the SM–92 airplanes. may be examined, by appointment, at various levels of government. Note 1: This AD applies to each engine the Federal Aviation Administration Accordingly, the FAA has not consulted identified in the preceding applicability (FAA), New England Region, Office of with state authorities prior to provision, regardless of whether it has been the Regional Counsel, 12 New England publication of this final rule. modified, altered, or repaired in the area

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subject to the requirements of this AD. For Special Flight Permits Aviation Administration, 1 Aviation engines that have been modified, altered, or (e) Special flight permits may be issued in Plaza, Jamaica, New York 11434–4809, repaired so that the performance of the accordance with §§ 21.197 and 21.199 of the telephone: (718) 553–4521. requirements of this AD is affected, the Federal Aviation Regulations (14 CFR 21.197 owner/operator must request approval for an and 21.199) to operate the airplane to a SUPPLEMENTARY INFORMATION: alternative method of compliance in location where the requirements of this AD History accordance with paragraph (d) of this AD. can be done. The request should include an assessment of the effect of the modification, alteration, or Documents That Have Been Incorporated by On September 27, 2002 a notice repair on the unsafe condition addressed by Reference proposing to amend part 71 of the this AD; and, if the unsafe condition has not (f) The actions must be done in accordance Federal Aviation Regulations (14 CFR been eliminated, the request should include with MT-Propeller Entwicklung GMBH part 71) by establishing Class D airspace specific proposed actions to address it. service bulletin: 17A, dated March 5, 1999. upward from the surface to and Required as indicated, unless already done. The incorporation by reference of MT- including 3,200 feet mean sea level To prevent blade root lag screw failure, Propeller Entwicklung GMBH service (MSL) at Griffiss Airpark, Rome, NY was which could result in propeller blade bulletin: 17A, dated March 5, 1999, was published in the Federal Register (67 separation and loss of control of the airplane, approved by the Director of the Federal FR 61045). Interested parties were Register as of July 23, 1999 (64 FR 36777, do the following: invited to participate in this rulemaking (a) For propellers with Torx head blade July 8, 1999). Copies may be obtained from MT-Propeller Entwicklung GMBH, Airport proceeding by submitting written root lag screws, P/N A–549–85 (3mm thread comments on the proposal to the FAA. pitch), inspect Torx head blade root lag Straubing-Wallmuhle, D–94348 Atting, Germany; telephone (0 94 29) 84 33, fax (0 No comments to the proposal were screws for torque values and breakage in 94 29) 84 32, Internet address: accordance with MT-Propeller Entwicklung received. The rule is adopted as [email protected]. Copies may be inspected GMBH Service Bulletin (SB) No. 17–A, dated proposed. The coordinates for this at the FAA, New England Region, Office of March 5, 1999, as follows: airspace docket are based on North the Regional Counsel, 12 New England (1) Initially inspect within 50 hours time- American Datum 83. Class D airspace Executive Park, Burlington, MA; or at the in-service (TIS), or within two months after Office of the Federal Register, 800 North area designations for airspace extending the effective date of this AD, whichever Capitol Street, NW., Suite 700, Washington, upward from the surface are published occurs first. DC. in Paragraph 5000 of FAA Order (2) Thereafter, inspect at intervals not to 7400.9K, dated August 30, 2003 and exceed 100 hours TIS, or within 12 months, Effective Date effective September 16, 2002. The Class whichever occurs first. (g) This amendment becomes effective on D airspace designation listed in this (3) Before further flight, if any lag screws December 30, 2002. are found broken or with torque less than 64 document will be published in the foot-pounds, replace all lag screws with new Issued in Burlington, Massachusetts, on order. November 8, 2002. lag screws. The Rule (b) For propellers with lag screws, P/N A– Francis A. Favara, 550–85 (4mm thread pitch), inspect lag Acting Manager, Engine and Propeller This amendment to part 71 of the screws for torque values and breakage in Directorate, Aircraft Certification Service. Federal Aviation Regulations (14 CFR accordance with MT-Propeller Entwicklung [FR Doc. 02–29354 Filed 11–22–02; 8:45 am] part 71) establishes Class D airspace GMBH SB No. 17–A, dated March 5, 1999, BILLING CODE 4910–13–P as follows: from the surface of the earth to and (1) Inspect within 50 hours TIS, or within including 3,200 feet MSL within a 4 mile radius of the airport for aircraft two months after the effective date of this DEPARTMENT OF TRANSPORTATION AD, whichever occurs first. conducting IFR operations at Griffiss (2) Before further flight, if any lag screws Federal Aviation Administration Airpark, Rome, NY. are found broken or with torque less than 64 The FAA has determined that this foot-pounds, replace all lag screws with 14 CFR Part 71 regulation only involves an established improved, hexagonal head blade root lag body of technical regulations for which screws, P/N A–983–85. Torque screws to 58– [Airspace Docket No. 02–AEA–13] 60 foot-pounds. frequent and routine amendments are (c) Replace lag screws, P/N A–550–85, Establishment of Class D Airspace; necessary to keep them operationally within 100 hours TIS, or within 12 months Rome, NY current. Therefore, this regulation: (1) Is after the effective date of this AD, with lag not a ‘‘significant regulatory action’’ screws, P/N A–983–85, in accordance with AGENCY: Federal Aviation under Executive Order 12866; (2) is not MT-Propeller Entwicklung GMBH SB No. Administration (FAA), DOT. a ‘‘significant rule’’ under DOT 17–A, dated March 5, 1999. Torque screws to ACTION: Final rule. Regulatory Policies and Procedures (44 58–60 foot-pounds. FR 11034; February 26, 1979); and (3) Alternative Methods of Compliance SUMMARY: This action establishes Class does not warrant preparation of a D airspace at Griffiss Airpark, Rome, Regulatory Evaluation as the anticipated (d) An alternative method of compliance or NY. This action is necessary to insure adjustment of the compliance time that impact is so minimal. Since this is a provides an acceptable level of safety may be continuous altitude coverage for routine matter that will only affect air used if approved by the Manager, Boston Instrument Flight Rules (IFR) operations traffic procedures and air navigation it Aircraft Certification Office. Operators must to the airport. The area would be is certified that this rule will not have submit their requests through an appropriate depicted on aeronautical charts for pilot significant economic impact on a FAA Maintenance Inspector, who may add reference. substantial number of small entities comments and then send it to the Manager, EFFECTIVE DATE: 0901 UTC March 20, under the criteria of the Regulatory Boston Aircraft Certification Office. 2003. Flexibility Act. Note 2: Information concerning the existence of approved alternative methods of FOR FURTHER INFORMATION CONTACT: Mr. List of Subjects in 14 CFR Part 71 compliance with this airworthiness directive, Francis Jordan, Airspace Specialist, if any, may be obtained from the Boston Airspace Branch, AEA–520, Air Traffic Airspace, Incorporation by reference, Aircraft Certification Office. Division, Eastern Region, Federal Navigation (air).

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Adoption of the Amendment extending upward from 700 feet or more a significant economic impact on a above the surface of the earth is needed substantial number of small entities In consideration of the foregoing, the to contain aircraft executing these under the criteria of the Regulatory Federal Aviation Administration approaches. This action increases the Flexibility Act. amends 14 CFR part 71 as follows: area of existing controlled airspace at List of Subjects in 14 CFR Part 71 PART 71—[AMENDED] Bishop International Airport. EFFECTIVE DATE: 0901 UTC, January 23, Airspace, Incorporation by reference, 1. The authority citation for 14 CFR 2002. Navigation (air). part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40113, Denis C. Burke, Air Traffic Division, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Airspace Branch, AGL–520, Federal 1963 Comp., p. 389. Accordingly, pursuant to the Aviation Administration, 2300 East authority delegated to me, the Federal 2. The incorporation by reference in Devon Avenue, Des Plaines, Illinois 14 CFR 71.1 of Federal Aviation Aviation Administration amends 14 60018, telephone (847) 294–7568. CFR part 71 as follows: Administration Order 7400.9K, Airspace SUPPLEMENTARY INFORMATION: Designations and Reporting Points, PART 71—DESIGNATION OF CLASS A, History dated August 30, 2002, and effective CLASS B, CLASS C, CLASS D, AND September 16, 2002, is amended as On Friday, August 16, 2002, the FAA CLASS E AIRSPACE AREAS; follows: proposed to amend 14 CFR part 71 to AIRWAYS; ROUTES; AND REPORTING modify Class E airspace at Flint, MI (67 POINTS Paragraph 5000 Class D airspace areas FR 53534). The proposal was to modify extending upward from the surface of the earth existing Class E airspace at Bishop 1. The authority citation for part 71 International Airport, MI, in order to continues to read as follows: * * * * * protect for several new RNAV SIAPS. Authority: 49 U.S.C. 106(g), 40103, 40113, AEA NY D Rome, NY [NEW] Interested parties were invited to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Griffiss Airpark, Rome, NY participate in this rulemaking 1963 Comp., p. 389. (Lat. 43°14′02″ N., long. 75°24′25″ W.) proceeding by submitting written Oneida County Airport, Utica, NY comments on the proposal to the FAA. § 71.1 [Amended] (Lat. 43°08′43″ N., long. 75°23′02″ W.) No comments objecting to the proposal 2. The incorporation by reference in That airspace extending upward from the were received. Class E airspace areas 14 CFR 71.1 of the Federal Aviation surface to and including 3,200 feet MSL extending upward from 700 feet or more Administration Order 7400.9K, Airspace within a 4-mile radius of Griffiss Airpark above the surface of the earth are excluding the portion within the 4.2-mile Designations and Reporting Points, published in paragraph 6005 of FAA dated August 30, 2002, and effective radius of Oneida County Airport Class D Order 7400.9K dated August 30, 2002, airspace area. This Class D airspace area is September 16, 2002, is amended as effective during the specific dates and times and effective September 16, 2002, which follows: is incorporated by reference in 14 CFR established in advance by Notice to Airmen. * * * * * The effective date and time will thereafter be 71.1. The Class E designations listed in continuously published in the Airport/ this document will be published Paragraph 6005 Class E airspace areas Facility Director. subsequently in the Order. extending upward from 700 feet or more above the surface of the earth. * * * * * The Rule * * * * * Issued in Jamaica, New York on November This amendment to 14 CFR part 71 7, 2002. modifies Class E airspace at Flint, MI, AGL MI E5 Flint, MI [Revised] F.D. Hatfield, by increasing the radius of controlled Flint, Bishop International Airport, MI Manager, Air Traffic Division, Eastern Region. airspace around the Prices Airport. (Lat. 42°57′56″ N., long. 83°44′36″ W.) [FR Doc. 02–29902 Filed 11–22–02; 8:45 am] Controlled airspace extending upward Owosso Community Airport, MI (Lat. 42°59′35″ N., long. 84°08′20″ W.) BILLING CODE 4910–13–M from 700 feet or more above the surface of the earth is needed to contain aircraft Davison, Athelone Williams Memorial Airport, MI executing instrument approach (Lat. 43°01′45″ N., long. 83°31′47″ W.) DEPARTMENT OF TRANSPORTATION procedures. The area will be depicted Linden, Prices Airport, MI on appropriate aeronautical charts. (Lat. 42°48′27″ N., long. 83°46′25″ W.) Federal Aviation Administration The FAA has determined that this PETLI LOM regulation only involves an (Lat. 42°58′05″ N., long. 83°53′25″ W.) 14 CFR 71 establishment body of technical Grand Blanc, Genesys Regional Medical [Docket No. FAA–2002–13820; Airspace regulations for which frequent and Center, MI Docket No. 02–AGL–11] routine amendments are necessary to Point in Space Coordinates keep them operationally current. (Lat. 42°52′59″ N., long. 83°39′05″ W.) Modification of Class E Airspace; Flint, Therefore this, regulation—(1) Is not a That airspace extending upward from 700 MI ‘‘significant regulatory action‘‘ under feet above the surface within a 10.5-mile Executive Order 12866; (2) is not a radius of the Bishop International Ayirport, AGENCY: Federal Aviation and within 4.4 miles north and 7 miles south Administration (FAA), DOT. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 of the Flint ILS localizer west course, ACTION: Final rule. FR 11034; February 26, 1979); and (3) extending from the 10.5-mile radius area to 10.5-miles west of the PETLI LOM, and SUMMARY: This action modifies Class E does not warrant preparation of a within a 6.4-mile radius of the Owosso airspace at Flint, MI. Area Navigation Regulatory Evaluation as the anticipated Community Airport, and within a 6.4-mile (RNAV) Standard Instrument Approach impact is so minimal. Since this is a radius of the Prices Airport, and within a 6.3- Procedures (SIAPS) to several Runways routine matter that will only affect air mile radius of the Athelone Williams (RWYS) have been developed for Prices traffic procedures and air navigation, it Memorial Airport, and within a 6-mile radius Airport, Linden, MI. Controlled airspace is certified that this rule will not have of the Point in Space serving the Genesys

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Regional Medical Center, excluding that published in paragraph 6005 of FAA September 16, 2002, is amended as airspace within the Detroit, MI, Class E Order 7400.9K dated August 30, 2002, follows: airspace area. and effective September 16, 2002, which * * * * * * * * * * is incorporated by reference in 14 CFR 71.1. The Class E designations listed in Paragraph 6005 Class E airspace areas Issued in Des Plaines, Illinois, on this document will be published extending upward from 700 feet or more November 13, 2002. above the surface of the earth. subsequently in the Order. Richard K. Petersen, * * * * * Assistant Manager, Air Traffic Division, Great The Rule AGL IN E5 Indianapolis, IN [Revised] Lakes Region. This amendment to 14 CFR part 71 [FR Doc. 02–29900 Filed 11–22–02; 8:45 am] Indianapolis International Airport, IN modifies Class E airspace at (Lat. 39° 43′ 02″N., long. 86° 17′ 40″W.) BILLING CODE 4910–13–M Indianapolis, IN, for Indianapolis Indianapolis, Greenwood Municipal Airport, International Airport. Controlled IN airspace extending upward from 700 (Lat. 39° 37′ 42″, long. 86° 05′ 16″W.) DEPARTMENT OF TRANSPORTATION feet or more above the surface of the Indianapolis, Eagle Creek Airpark, IN earth is needed to contain aircraft ° ′ ″ ° ′ ″ Federal Aviation Administration (Lat. 39 49 51 N., long. 86 17 40 W.) executing instrument approach Indianapolis, Eagle Creek Airpark, IN procedures. The area will be depicted (Lat. 39° 49′ 51″N., long. 86° 17′ 40″W.) 14 CFR Part 71 on appropriate aeronautical charts. Indianapolis, Helicopter VOR/DME 287° [Docket No. FAA–2002–13817; Airspace The FAA has determined that this Approach Point in Space Docket No. 02–AGL–09] regulation only involves an (Lat. 39° 42′ 12″ long. 86° 06′ 28″W.) Brickyard VORTAC establishment body of technical ° ′ ″ ° ′ ″ Modification of Class E Airspace; regulations for which frequent and (Lat. 39 48 53 N., long. 86 22 03 W.) Indianapolis, IN routine amendments are necessary to That airspace extending upward from 700 keep them operationally current. feet above the surface within a 7-mile radius AGENCY: Federal Aviation of the Greenwood Municipal Airport, within Administration (FAA), DOT. Therefore this, regulation—(1) Is not a ‘‘significant regulatory action’’ under a 6.3-mile radius of Eagle Creek Airpark, and ACTION: Final rule. within 2.6 miles each side of the Brickyard Executive Order 12866; (2) is not a VORTAC 257° radial, extending from the 6.3- SUMMARY: This action modifies Class E ‘‘significant rule’’ under DOT mile radius of the Eagle Creek Airpark and airspace at Indianapolis, IN, Area Regulatory Policies and Procedures (44 the 7.4-mile radius of the Indianapolis Navigation (RNAV) Standard Instrument FR 11034; February 26, 1979); and (3) International Airport to 7-miles west of the Approach Procedures (SIAPs) to several does not warrant preparation of a VORTAC, and within a 6-mile radius of the Runways (RWYS) have been developed Regulatory Evaluation as the anticipated Point in space serving the helicopter VOR/ for Indianapolis International Airport. impact is so minimal. Since this is a DME 287° approach. Controlled airspace extending upward routine matter that will only affect air * * * * * from 700 feet or more above the surface traffic procedures and air navigation, it Issued in Des Plaines, Illinois on November of the earth is needed to contain aircraft is certified that this rule will not have 13, 2002. executing these approaches. This action a significant economic impact on a increases the area of existing controlled substantial number of small entities Richard K. Petersen, airspace at Indianapolis International under the criteria of the Regulatory Assistant Manager, Air Traffic Division, Great Airport. Flexibility Act. Lakes Region. [FR Doc. 02–29899 Filed 11–22–02; 8:45 am] EFFECTIVE DATE: 0901 UTC, January 23, List of Subjects in 14 CFR Part 71 BILLING CODE 4910–13–M 2003. Airspace, Incorporation by reference, FOR FURTHER INFORMATION CONTACT: Navigation (air). Denis C. Burke, Air Traffic Division, DEPARTMENT OF TRANSPORTATION Airspace Branch, AGL–520, Federal Adoption of the Amendment Aviation Administration, 2300 East Accordingly, pursuant to the Office of the Secretary Devon Avenue, Des Plaines, Illinois authority delegated to me, the Federal 60018, telephone (847) 294–7568. Aviation Administration amends 14 14 CFR Part 234 SUPPLEMENTARY INFORMATION: CFR part 71 as follows: [Docket No. OST 2000–8164] History PART 71—DESIGNATION OF CLASS A, On Friday, August 16, 2002, the FAA CLASS B, CLASS C, CLASS D, CLASS RIN 2139–AA09 proposed to amend 14 CFR part 71 to E AIRSPACE AREAS; AIRWAYS; modify Class E airspace at Indianapolis, ROUTES; AND REPORTING POINTS Reporting the Causes of Airline Delays IN (67 FR 53531). The proposal was to and Cancellations modify existing Class E airspace at 1. The authority citation for part 71 continues to read as follows: Indianapolis International Airport, IN, AGENCY: Office of Secretary, DOT. in order to protect for several new Authority: 49 U.S.C. 106(g), 40103, 40113, RNAV SIAPs. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ACTION: Final rule. Interested parties were invited to 1963 Comp., p. 389 participate in this rulemaking SUMMARY: As required by Federal proceeding by submitting written § 71.1 [Amended] statute, the Department of comments on the proposal to the FAA. 2. The incorporation by reference in Transportation is modifying certain No comments objecting to the proposal 14 CFR 71.1 of the Federal Aviation reporting requirements. We are were received. Class E airspace areas Administration Order 7400.9K, Airspace requiring air carriers that file airline extending upward from 700 feet or more Designations and Reporting Points, service quality performance reports to above the surface of the earth are dated August 30, 2002, and effective collect and report the causes of airline

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delays and cancellations. Currently, delays and cancellations. Our own The Proposed Rule there is a lack of data on the specific consumer complaint statistics also The Department proposed requiring causes of airline delays and support regulatory action to reduce air carriers that file airline service cancellations. The changes are designed airline delays. Also, passengers have quality performance reports under Part to fill the data gaps in reference to the expressed frustration when not advised 234 regulations to collect and report the causes of airline delays and of the cause and length of delays. causes of airline delays and cancellations and to provide this In August 2000, we formed the Air cancellations. There was a lack of data information to the public and other Carrier On-Time Reporting Advisory on the specific causes of airline delays interested parties. Committee (the Task Force). The Task and cancellations. The Department EFFECTIVE DATE: This rule is effective on Force members were chosen to reflect a proposed four delay categories and three June 1, 2003. balanced cross section of interests. In cancellation categories as follows: FOR FURTHER INFORMATION CONTACT: addition to government representatives, Bernard Stankus or Clay Moritz, Office they included representatives from Delays Cancellations of Airline Information, K–14, Bureau of consumer airline groups, air carriers, Transportation Statistics, Department of labor unions and airport operators. On Air Carrier ...... Air Carrier. September 25, 2000, the Task Force was Weather ...... Weather. Transportation, 400 Seventh Street, National Aviation Sys- National Aviation Sys- SW., Washington, DC 20590–0001, (202) chartered as a Federal advisory committee. Its mission was to consider tem. tem. 366–4387 or 366–4385, respectively. Late Arriving Aircraft You can also contact them by e-mail at changes to the current on-time reporting [email protected] or system so that the public would have The proposed changes were designed [email protected] or by fax at (202) clear information about the nature and to fill the data gaps in reference to the 366–3383. sources of airline delays and causes of airline delays and cancellations. SUPPLEMENTARY INFORMATION: cancellations and to provide this In the Fall of 2000 (i.e., October 25 information to the traveling public and Electronic Access and 26, November 1 and 2, and the parties most capable of addressing An electronic copy of this document November 13), the Task Force held the causes of the delays and may be downloaded by using a several meetings to identify the issues cancellations. computer, modem, and suitable surrounding airline delays and communications software from the cancellations and to develop reporting Public Comments Government Printing Office’s Electronic criteria. The meetings were announced We received comments from America Bulletin Board Services at (202) 512– in the Federal Register (65 FR 63285) West Airlines, American Trans Air, 1661. Internet users may reach the and were open to the public. We opened Southwest Airlines, the Air Transport Office of the Federal Register’s home a public docket for the submission of Association of America (ATA), the page at: http://www.nara.gov/fedreg and comments, Docket OST–2000–8164. On Regional Airline Association (RAA), the the Government Printing Office’s November 29, 2000, the Task Force American Society of Travel Agents database at: http://www.access.gpo.gov/ submitted its report to DOT. The Task (ASTA), the Airports Council nara. You can also view and download Force made a number of International—North America (ACI– this document by going to the webpage recommendations, including that we NA), the American Automobile of the Department’s Docket Management establish a reporting framework for Association (AAA), the City of Boston, System (http://dms.dot.gov/). On that collecting information about the causes Save the Bay Association, the San page, click on ‘‘search.’’ On the next of airline delays and cancellations. The Francisco Boardsailing Association page, type the last four digits of the Task Force also recommended that, (SFBA), the Paralyzed Veterans of docket number shown in the heading of prior to rulemaking, we conduct a pilot America, Mr. B.E. Wendling, Mr. George this document. Then click on ‘‘search.’’ program to test the proposed reporting Rummell, Ms. Melissa Davis, and Mr. categories. Following up on that Paul Asmus. The substance of these Background recommendation, we contacted a comments is discussed below under a Section 227 of the Wendell H. Ford number of air carriers; four air carriers series of topical captions. Aviation Investment and Reform Act for agreed to participate in a voluntary pilot the 21st Century (AIR–21) requires that project. The four carriers were American The Continuing Need for Causal we modify our airline data collection Airlines, Delta Air Lines, Southwest Reporting system, 14 CFR Part 234—Airline Airlines and United Air Lines. Over Southwest Airlines believes that the Service Quality Performance Reports, to several months, we met with the four operating environment since September explain more fully to the public the carriers and discussed what causal 11, 2001, negates the need to impose nature and source of airline delays and delay and cancellation information new reporting requirements in the near cancellations (See Pub. L. 106–181, 114 should be collected and how best to future. Stat. 61). AIR–21 also directed that DOT report that delay and cancellation data. Mr. Paul D. Asmus believes that establish a Task Force to review airline After the parties agreed on a reporting modifying the on-time data collection delays and cancellations and develop framework, the carriers began system, to explain more fully to the recommendations for the associated submitting delay and cancellation data traveling public the source and nature of reporting criteria. Since the passage of to us. airline delays, may create a serious AIR–21, Congress has continued to We used the recommendations from safety problem. Mr. Asmus states that, express concern that DOT needs more the Task Force, the results of our pilot ‘‘The NPRM as envisioned, plans to add accurate data to better understand gate, project and our outreach efforts to craft delays for aircraft maintenance in the tarmac, and airborne delays. The DOT the Notice of Proposed Rulemaking data that the carriers are required to Office of the Inspector General (OIG) (NPRM) which was published on provide.’’ He believes this could lead to also highlighted the need to examine December 27, 2001 (66 FR 66833). In mechanics being pressured ‘‘to work airline delays and cancellations in its response to the NPRM, we received 16 faster and cut corners.’’ Mr. Asmus July 25, 2000 report on air carrier flight comments. requested an Office of the Inspector

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General (IG) audit and, while the IG number one priority of the Department. operations by such code-share carriers conducts its audit, that the Department The Department does not believe a and the data from these flights ‘‘would place a hold on the rulemaking. delay in the rulemaking is appropriate; be valuable in assessing the delay It is only a matter of time before traffic however, the Department will problems.’’ SFBA stated that although is back to or above the levels of the investigate any specific allegation that the large certificated air carriers account summers of 2000 and 2001. The air safety is being compromised and for 87% of domestic enplanements, they Department wants to be pro-active in take appropriate action, including account for a lower percentage of identifying problem areas and making enforcement action, where necessary. domestic operations. As an example, the necessary improvements to the In the aftermath of the terrorist attacks SFBA pointed to statistics for United aviation system to avoid the gridlock of September 11, 2001, large certificated Air Lines and its code-share partners at which reached a peak in the summer of air carriers decreased commercial San Francisco-Oakland (SFO) airport for 2000. For the first eight months of 2001, operations by about 20 percent, as many March 4, 1999, stating that while United on-time arrivals increased to 77.4% as airlines grounded large numbers of accounted for 84% of the available seats compared to 72.7% for the first eight older less efficient aircraft and deferred at SFO, it accounted for only 69% of the months of 2000. This was accomplished delivery of new aircraft. As a result of operations there. SFBA claims that despite an increase of 17,440 flight a less congested air transportation smaller aircraft ‘‘contribute to delay operations. The improvement was system, on-time performance has more than larger aircraft’’ because accomplished in a large measure improved. In March 2002, the FAA held smaller aircraft are slower, require more because the FAA made significant its Annual Commercial Aviation space to avoid wake turbulence, and progress in correcting problems Forecast Conference. During the serve less passengers. According to identified with respect to improving the conference the FAA released The FAA SFBA, as a way to minimize reporting flow of traffic through seven major Aerospace Forecasts, Fiscal Years 2002– burden on code-share partners, airspace choke points in our national 2013, which estimates that domestic reporting could be limited to reportable airspace system, American and Delta capacity will gradually return to pre- airports where the code-share reduced operations at peak times at September 11 capacity levels over a 3- operations account for 10% or more of their hub airports, and Continental and year period. At the same time, U.S. the operations. A reportable airport is an United increased the size of aircraft regional/commuter air operations airport that accounts for at least one operated at selected airports. The continue to grow, albeit at a slower rate percent of domestic scheduled Department does not want to become than the pre-September 11 growth rate. enplanements. complacent in its initiative to reduce air Thus, although recent on-time The City of Boston believes that carrier delays. In the Office of the performance would not in and of itself excluding from the proposed new causal Inspector General’s report titled Actions indicate need for regulatory action, the reporting requirement 17% of passenger to Enhance Capacity and Reduce Delays Department’s statutory mandate, the enplanements limits the usefulness of and Cancellations (August 17, 2001), the growing post September 11 airline the proposed new data. It stated that ‘‘it number one item listed as needing operations, and our long-range forecasts will be impossible for the DOT to attention is the creation of a uniform require regulatory action in this area. implement well-informed market-based system for tracking the causes of flight approaches to minimize delays,’’ Extending the Reporting Requirements delays and cancellations. without delay information from the to Other Carrier Groups As to the inclusion of flights that are carriers not required to report. delayed or cancelled for maintenance, We proposed that the requirement to ACI–NA believes that DOT must the Department has included statistics report causes of delays at the present design a system for tracking the causes for such flights beginning in January time apply only to the air carriers that of delays that is accurate and complete. 1995. While the Department tracked are already required to report on-time The omission of code-share partners and whether the flights experienced delays, data under Part 234. These air carriers other scheduled air carriers which the reasons for delays were not not only account for the vast majority of account for 17% of passengers distorts identified. The inclusion of all carrier domestic operations and enplanements, and undermines the utility of delay operations in the airline service quality but they are in a position to quickly data. According to ACI–NA, ‘‘More performance data base provides adopt the new reporting system, thus accurate data will enable smaller and consumers with a more accurate picture minimizing the regulatory burden on regional carriers to understand their of a carrier’s overall on-time record. the industry and, at the same time, flight delay problems and ultimately Moreover, we have seen no evidence providing valuable information to the help solve those problems. Currently, whatsoever that inclusion of public, and to the parties best able to there is no mechanism that serves this cancellations and delays related to rectify delay problems. function.’’ maintenance has in any way diminished Comments from the ATA, ACI–NA, ATA stated that ‘‘all major, national safety. To the contrary, there is an Save the Bay, SFBA, the City of Boston, and code-sharing partners should be incentive for carriers to keep their and Mr. George Rummell were in favor included in the Part 234 reporting equipment in top working condition. of extending the reporting requirements system,’’ and each carrier must be While the present proposal recommends to code-share partners of the major responsible for its own reporting. ATA collection of the causes of delays and carriers, to national air carriers and to believes that ‘‘The 17% of enplanements cancellations, the proposed cause large regional air carriers. The RAA is exempt from reporting contribute a categories are broad and do not opposed to extending the requirements disproportionate, higher number of specifically identify maintenance delays beyond the current major carriers and airplanes to the congestion mix since or cancellations. As proposed, believes that American Eagle should be these airplanes generally have fewer maintenance delays and cancellations relieved of its current reporting seats.’’ According to ATA, ‘‘By leaving would be reported as ‘‘Air Carrier’’ obligation. out this 17%, we may inadvertently caused delays. SFBA stated that code-share partners deny ourselves the ability to find out the The safety of passengers and crew has of major airlines should begin reporting triggering causes of delays, which always been the most important as soon as practicable. It pointed out increase exponentially at congested responsibility of air carriers and the that many airports have extensive airports with each added flight, no

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matter how small the aircraft.’’ ATA time reporting. The Department will Weather cited La Guardia as a good example of continue to analyze delay data to see if The Department realizes that an increase in small aircraft operations the reporting burden is too costly for reporting the causes of airline delays overwhelming the system. smaller carriers to participate in the data and cancellations adds subjectivity to AAA supports extending the reporting collection. Also, the Department will the reporting system. There is a fine line requirements to all air carriers. look at alternative reporting means for between some delays coded as Mr. George Rummell believes that the less burdensome and costly reporting. airline industry should report all delays. ‘‘Weather’’ (extreme weather) and others The RAA strongly opposes the Causal Categories and Methodology coded as ‘‘NAS’’ (non-extreme weather). expansion of the reporting requirements The purpose of the assignment of codes The City of Boston stated that it was is to identify the party or organization to all medium and large code-sharing unclear from the proposed rule as to regional airlines. It states that regional which is in the best position to take which delay category deicing activities corrective action. Delays or airlines generally operate routes in the should be assigned. It also stated that 250 to 500 mile range, which subjects cancellations coded ‘‘Air Carrier’’ are ‘‘bird strikes’’ are associated with best corrected by the air carriers; delays the regional carriers to a high level of individual airports and should be ground delays not experienced by major or cancellations coded ‘‘NAS’’ are best assigned to the National Aviation corrected by the FAA, airport operators, carriers. Regional carriers do not have System (‘‘NAS’’). The City of Boston the technology to easily capture delay or State or local governments; and took issue with the following statement delays or cancellations coded data. RAA cites a cost estimate, in the NPRM: provided by one of its members, ‘‘Weather’’ (extreme weather) cannot be concerning the additional personnel Consistent high volume delays are an reduced by corrective action. Delays or needed to collect and report the data. indication to airport operators and to state cancellations coded ‘‘NAS’’ are the type The estimate places the additional costs and local governments that there is a need for of weather delays that could be reduced infrastructure investments and with corrective action by the airports or at $75,000 per year. RAA further claims improvements. that, given the current environment of the FAA. Therefore, delays attributed to increased insurance costs and new It believes volume delays can be deicing are coded as ‘‘Weather’’ delays. security fees, the smaller communities addressed by actions such as peak- Extreme weather delays or served by regional airline may not be period pricing, auctioning of landing cancellations are caused by weather capable of absorbing higher air fares and takeoff rights, or increased use of conditions (e.g., significant which the carriers would need to charge secondary airports. meteorological conditions), actual or to recover the reporting costs. American Trans Air believes that forecasted at the point of departure, en The Department realizes that it is a ‘‘bird strikes’’ are acts of God and route, or point of arrival that, in difficult decision to determine the cutoff should be reported under ‘‘NAS’’ accordance with applicable regulatory for which carriers should report on-time delays. The carrier also stated that: standards and/or in the judgment of the air carrier, prevents operation of that data. There were numerous comments * * * the National Aviation System category that point out the difficulty of making for reporting delays is not adequately flight and/or prevents operations of accurate and informed decisions about defined. There are codes and situations that subsequent flights due to the intended correcting delay problems when 17% of fall under this category, which are now aircraft being out of position as a result enplanements and a higher share of classified elsewhere or are not specific of a prior delay or cancellation operations are omitted. This is enough to be meaningful. For example, attributable to weather. compounded by the fact that many of should not airport delays due to Security Delays the missing operations are flown by infrastructure, terminal and runway slower moving aircraft. On the other limitations and local and regional curfews Ms. Melissa Davis believes that, in hand, the Department is concerned fall under NAS? The current allocation of light of the terrorists attacks of codes, we believe, needs to be less subjective, September 11, 2001, airport disruption about adding to the operating cost of and include more government-controlled small carriers. The Department is conditions to be labeled as NAS. or security delays should be added to attempting to strike a balance between the list of delay or cancellation causes. the competing interests. The public ATA believes that ‘‘bird strikes’’ Ms. Davis cites the evacuation of interest is best served at this time by should be attributed to NAS. FAR Part Hartsfield International Airport on applying the new reporting 139 requires airports to have a wildlife November 16, 2001, as a prime example requirements to those airlines that management program and there are of the need for security delay reporting. already report on-time data to the specific air traffic control (ATC) ATA recommends that a separate Department. Therefore we disagree with procedures to alerting pilots to bird delay category be established to report RAA’s request to relieve American Eagle hazards. ATA also believes that data on security delays. ATA asserts that from the reporting system. American late arriving aircraft is not useful. ‘‘Root security delays are easily identified and Eagle operated almost 493,000 delay causes for down-line late arriving these delays should be distinguished scheduled domestic passenger flights aircraft cannot be consistently from ‘‘NAS’’ or ‘‘Air Carrier’’ caused with almost 12 million domestic determined when multiple delay causes delays. enplanements. Relieving American are involved.’’ The Department agrees with the Eagle of its reporting obligation would America West asked, ‘‘What is the commenters that requested a separate create a data gap at a time when the difference between extreme and non- category for delays and cancellations Department is looking for economical extreme weather delays?’’ It believes that relate to security. We will adopt a ways to fill its data needs. American that ‘‘bird strikes’’ should be coded as new category known as ‘‘Security.’’ Eagle’s data are especially important an external delay/cancellation (e.g. Congress has assigned responsibility for because American Eagle is the only extreme weather), not as ‘‘Air Carrier’’ aviation and other transportation carrier reporting regional jet operations. or ‘‘NAS.’’ America West questions the security to the Transportation Security The Department intends to revisit, at logic of allowing carriers to choose Administration (TSA). One of TSA’s a later date, the issue of whether to whether or not to report the initial cause primary functions is to provide security expand the air carrier universe for on- of delay for late arriving aircraft delays. screening of passengers and their

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accessible property transiting from an Therefore, whenever the arrival delay is their schedules taking into account airport’s common areas to its sterile greater than the departure delay, the air these curfews. If a delay or cancellation areas where passengers board their carriers apportion NAS minutes to make is the result of an airport curfew, the flights. Delays in flight departures are up the difference between the departure delay is an ‘‘Air Carrier’’ delay. not properly attributable to ‘‘Security’’ if delay and the arrival delay (Departure Delays caused by positive passenger/ they are caused by routine passenger delay + NAS delay = Arrival delay). baggage matches are coded ‘‘Air Carrier’’ screening. Carriers may or may not elect Whenever the departure delay is more when the air carrier is responsible for to delay a flight’s departure for such than the arrival delay, the en route time conducting the match. Air carriers are passengers. Flight delays occurring savings would be prorated back to the responsible for advising passengers of because an air carrier holds a flight for departure delay categories. For example, the time needed for pre-boarding screening are ‘‘Air Carrier’’ delays not if a 50 minute departure delay consists clearances and security screening. If ‘‘Security’’ delays. Not all screening and of a 15 minute ‘‘Air Carrier’’ delay, a 10 delays are caused by inoperative other security-related delays are minute ‘‘NAS’’ delay, and a 25 minute security equipment or if the government attributable to ‘‘Security.’’ Some ‘‘Late Arriving Aircraft,’’ then the institutes a security action which delays security delays may result from actions departure delay would be 30% ‘‘Air flights, then the delays will be coded as of air carriers or airport employees who Carrier,’’ 20% ‘‘NAS’’ and 50% ‘‘Late ‘‘Security.’’ fail to follow security requirements. Air Arriving Aircraft’’. If the flight arrived carriers should take care to ensure that 40 minutes late, this would be reported Delays Attributed to Late Arriving delays and cancellations assigned to the in minutes as 12 minutes ‘‘Air Carrier,’’ Aircraft ‘‘Security’’ category are not attributable 8 minutes ‘‘NAS’’ and 20 minutes ‘‘Late Consumers have an interest in to their own actions or caused by their Arriving Aircraft.’’ knowing if particular flights are own employees. Using the available internal data, the consistently late due to late arriving FAA will review the delays reported by aircraft. Delays reported under the ‘‘Late National Aviation System (NAS) the air carriers in the ‘‘NAS’’ category to Arriving Aircraft’’ category demonstrate Delays and cancellations attributable identify the actual causes of the delays. the ripple effects of an earlier flight to ‘‘NAS’’ refer to a broad set of Air carriers track delays up to the time delay problem. The cause of the initial conditions: weather-non extreme, the aircraft pushes away from the delay must be addressed to cure the airport operations, heavy traffic volume, departure gate. Delays that occur after delays associated with late-arriving air traffic control, etc. ‘‘push-back’’ are generally assigned to aircraft. Some carriers track the initial Delays or cancellations resulting from the ‘‘NAS’’ category. The FAA has causes and use an internal code to ‘‘bird strikes’’ should be coded ‘‘NAS.’’ various data sets that can be used to identify the initial cause for downline While bird strikes could be viewed as an identify delays after ‘‘push-back.’’ One late arriving aircraft. Other carriers do Act of God, improved wildlife of these is FAA’s Air Traffic Operations not track the downline effects of earlier management at airports could reduce Network (OPSNET) information. This delays and only record that the flight the frequency of bird strikes. data set provides information on delays was late because of the previous flight’s While air traffic volume delays and incurred by aircraft while under the late ‘‘turn around.’’ While data that cancellations in the short term are control of the air traffic system. identify the initial causes of downline generally the result of over-scheduling In addition, the National Oceanic and delays are useful data, they are not by the airline industry, these types of Atmospheric Administration provides critical. Originally, we proposed in the delays and cancellations are coded the FAA with weather information. NPRM to create a two-tier system where ‘‘NAS.’’ Volume delays occur when Airport operators provide the FAA with carriers had the option to report the root there are more flights scheduled than information on runway closures and cause of late arriving aircraft delays. We the airport can handle for a given period other airport incidents. With these data agree with ATA that this two-tier of time. An individual air carrier’s sets, the FAA has the capability to refine reporting system could be confusing to schedule by itself does not create the NAS delays into weather-non data users and not produce the desired volume delays. Rather, it is the extreme, volume, equipment outages, results. Therefore, in such cases we accumulation of all the commercial, runway closures, other, or ‘‘no match.’’ have decided to require that carriers general aviation, and military operations report only that the delay was the result at the airport that contribute to the Carrier Delays of a ‘‘late arriving aircraft’’ and not problem. Air carriers schedule flights to The Paralyzed Veterans of America report the initial delay cause. The meet consumer demand. Volume delays requested that the Department remove Department will have the ability to track can be reduced in the short term the specific reference to ‘‘handling the ripple effects of downline delays through changes in the air carriers’ disabled passengers’’ from the guidance since carriers report the aircraft tail scheduling practices, which includes list of ‘‘Air Carrier’’ delays. number, which will enable the using larger equipment, or as the City of The Department concurs with the Department to follow an aircraft through Boston suggests, by creating incentives request of The Paralyzed Veterans of its daily flight schedule. to change consumer preference. Such America to remove the specific Thus, based on our review of the delays may in the long term be reduced reference to ‘‘handling disabled public comments, we are adopting the by improving the airport’s infrastructure passengers’’ from the guidance list of following reporting codes: (e.g. building runways, improving FAA ‘‘Air Carrier’’ delays. Slow boarding or tower facilities, etc.). The airline seating covers all passengers and there Cancellation Codes industry must work together reduce is no intent to focus on an individual (A) Air Carrier; volume delays. group. Delays attributed to slow (B) Extreme Weather; Air carriers only track delays up to boarding are coded as ‘‘Air Carrier.’’ (C) National Aviation System (NAS); ‘‘push back from the gate.’’ These delays The Department disagrees with the and are departure delays. After push back, proposal to attribute to ‘‘NAS’’ a delay (D) Security. the aircraft is under air traffic control. caused by an air carrier observing an Delays occurring after departure are airport curfew. Curfews are in place at Delay Causes assigned by air carriers to the NAS. many airports and air carriers must plan Air Carrier;

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Extreme Weather; Clear ice inspection managers of the air transportation National Aviation System (NAS); Deicing aircraft system for strategic planning to decrease Security; and Earthquake the frequency and severity of flight Late Arriving Aircraft. Extreme high or low temperatures irregularities. Thus, these proposals Hail Damage suggesting notification requirements in Delay and Cancellations Causes Holding at gate for enroute weather the event of delays or cancellations as Below is a list of examples of causes Hurricane well as the proposal for compensation for delays and cancellations. This list Lightning damage are outside the scope of this rulemaking. should be used as a guide for relating Pre-planned cancellations that result Standardizing Flight Times the types of occurrences and the from predicted weather associated delay or cancellation code. Snow Storm ACI–NA states that the current system This list should not be considered a Thunder Storm does not take into account the common complete list. Carriers report delay Tornado practice by air carriers of increasing categories when the arrival delay is 15 flight times in their schedules to avoid National Aviation System (NAS) minutes or more. The rule does not the appearance of frequent delays. require carriers to report causal data for Airport conditions According to ACI–NA system flights that are considered ‘‘on-time.’’ Airport construction inefficiencies are masked when carriers’ Air Traffic Control (ATC) flights are counted as ‘‘on-time’’ only Air Carrier Awaiting ATC clearance while still at because the air carriers padded their Aircraft cleaning gate schedules. ACI-NA believes that, Aircraft damage (except bird strikes, Air Traffic Quota Flow Program—ATC ‘‘DOT’s establishment of a more uniform lightning/hail damage) Closed Runways delay reporting system would go a long Airport curfew Computer failure—air carrier equipment way towards rectifying these problems, Awaiting the arrival of connecting Equipment Outage—ATC but will only do so if most or all air passengers or crew Gate hold—ATC carriers are required to comply.’’ Awaiting alcohol test Ground delay program—ATC We agree that the current reporting Awaiting gate space Flow control program—FAA system has the capacity to conceal Baggage loading Other disabled aircraft blocking runway inefficiencies in the aviation system. Cabin servicing Ramp congestion—blocked by aircraft However, we also believe that airlines Cargo loading not under carrier’s control are acting responsibly and in the best Catering Ramp Traffic—Air Traffic Control interests of the public in adjusting their Computer outage—carrier equipment Restricted aircraft movement on schedules to reflect actual departure and Crew legality (pilot or attendant rest) runways arrival times. It is more important for Damage by hazardous goods Volume Delays the public to be able to rely on the Engineering Inspection stated time that their flight actually will Security Flight paperwork arrive at its destination, than it is for Fueling Bomb threat them to know the time the flight would Gate congestion Inoperative screening equipment arrive if there were no inefficiencies in Government forms not properly Evacuation of terminal or concourse or the system. Generally, carriers schedule completed—INS, FAA, Agriculture, re-boarding aircraft resulting from their flight times based on the Public Health, etc. security breech unimpeded taxi-out time, the Ground equipment out of service Weapon confiscation unimpeded air time, the unimpeded taxi-in time, and the time of all Hot brakes restriction Late Arriving Aircraft Last minute passenger anticipated delays. For example, if each Late mail from Post Office Means a previous flight with same morning an air carrier’s flight Late crew aircraft arrived late which caused the experiences a 20 minute wait in a queue Lavatory servicing present flight to depart late. for take-off clearance, the air carrier will incorporate those 20 minutes into its Maintenance Passenger Notification Medical emergency flight schedule. Flights are late when Out of service aircraft Several commenters stated that they the carrier experiences an unanticipated Oversales support the rule to collect causal data, delay. If events causing delays occur Positive passenger baggage match but more should be done to require regularly, these events are built into a Passenger services passenger notification and to relieve carrier’s schedule, which precludes the Potable water servicing passenger inconvenience at the time of public from otherwise being deceived Pre-flight check the delay or cancellation. Mr. Rummell and permits the public to rely on the Ramp congestion—blocked by another states that a passenger should receive carrier’s stated schedule. aircraft under carrier’s control compensation, similar to denied The Department’s Inspector General Ramp service boarding compensation, when an air audited some flights at certain heavily Removal of unruly passenger carrier’s delayed flight causes a used airports and found that scheduled Revised weight sheet passenger to miss a connecting flight. flight times have increased in duration Shortage of ramp equipment The Department agrees that air over time. The increase in scheduled Slow boarding or seating carriers should make their best efforts to flight time is related to the rise in Snow removal (when it is a carrier ramp alert passengers as early as possible of operations in the aviation system. service function) delays, the reason for the delay, and the Generally, an increase in the volume of Stowing carry-on baggage actions the carrier is taking to deal with operations at an airport means an Weight and balance delays the problem. The instant rulemaking is increase in taxi-out times. This is focused on collecting data that can be especially true during peak operating Weather used by consumers in making future periods. Rather than creating a more Below minimum conditions travel plans and by the operators and ‘‘uniform’’ system for carriers to report

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their scheduled times, the Department public can be confused when the media appears air carriers presently lack the has plans to develop an efficiency index uses OPSNET and ASQP data necessary information to code those for routes and airports. The route index interchangeably without explaining the flight delays which occur after the would be based on the sum of the differences in the two systems. We aircraft pushes back from the departure unimpeded taxi-out time, the believe that the proper source to advise gate. Because of this, air carriers code all unimpeded air time, the unimpeded the public of air carrier on-time delays after push back as ‘‘NAS’’ delays. taxi-in time divided into the scheduled performance is the ASQP data. OPSNET Since air carriers lack the causal times. The airport index would be an data are the proper data source for knowledge of delays after push back, we average of all route indices originating analyzing ATC delays. However, once believe the FAA is the proper party to causal data are included in the ASQP at the airport. High indices would identify ‘‘NAS’’ delays. Moreover, if represent an inefficiency on the route or system, it should become the primary ‘‘NAS’’ delays were not identified, the at the airport. Accordingly, we do not source for all delay studies. find it in the public interest to adopt public may be left with the perception Publication of Causal Data ACI–NA’s suggestion to alter the way that all ‘‘NAS’’ delays are solely ATC on-time flights are calculated. The ATA believes air carrier causal delays, which is not accurate. data are proprietary and confidential Diverted Flights Airline Service Quality Performance and should only be released to the Data vs. Operations Network Data public in an aggregate form and that no We have concluded that air carriers ACI–NA states that, ‘‘The current individual carrier causal data should be should not report causal codes for system for reporting flight delays and publicly released. ATA also believes diverted flights. Air carriers track and cancellations is deeply flawed because that the Department should not release code delays only up to the time the of inconsistencies between the Airline the ‘‘refined’’ NAS data until the aircraft pushes back from the gate at the Service Quality Performance (ASQP) Department and airlines have had ample origin airport. Carriers are instructed to data reported by the airlines to the BTS time to evaluate its utility for this code delays after push back as ‘‘NAS’’ and the delay data collected by FAA purpose. In the NPRM, the Department delays because, after push back, the personnel from manually recording stated that it would use OPSNET data aircraft via the FAA’s Operations and information from the National aircraft is generally under the command Network (‘‘OPSNET’’ data). The Oceanic and Atmospheric of the air traffic control system. Most OPSNET data are intended to measure Administration to identify the actual diversions are caused by extreme system-wide ATC performance and to causes of delays reported in the ‘‘NAS’’ weather conditions or mechanical identify areas for ATC operational category. malfunctions. There are only a minimal improvement.’’ Given the existing reporting number of diverted flights and most The Department does not believe the requirements in this area, ATA has diversions would be mis-coded if reporting systems are flawed because failed to demonstrate why causal data carriers followed the reporting ASQP and OPSNET reports have should be viewed as proprietary data. instructions to code in-flight delays as different delay results. As ACI–NA Indeed, Congress and the Department ‘‘NAS’’ delays. correctly points out, OPSNET measures have made the determination that how well the ATC system is performing. overriding public interest calls for The Five Minute Rule If a flight cannot lift-off within 15 release of the data. Moreover, the causal In the interest of keeping the reporting minutes after departing the boarding category ‘‘Air Carrier’’ is inclusive of all burden to a minimum, carriers will be gate, OPSNET records a departure delay types of delays under the control of the required only to track delay causes of because the ATC system did not service carrier. This level of summarization that aircraft in a timely manner. does not allow a competitor air carrier five minutes or more, however carriers Conversely, ASQP measures how well to gain a competitive advantage by may elect to track delays by the minute. the air carriers are meeting their studying another carrier’s reported ‘‘Air Regardless of the method chosen, a published schedules. The most Carrier’’ delays. For example, you could carrier must ensure that, in all cases, the important delay statistic of ASQP is the not gain insight as to a carrier’s policy total minutes of the reported causal percentage of scheduled on-time of holding a flight for delayed delays equal the actual minutes of arrivals. As stated earlier, if an air connecting passengers from delays arrival delays. For instructions, see carrier’s flight routinely experiences a coded ‘‘Air Carrier.’’ examples 2, 3, 8, and 11 under the 20 minute wait in a departure queue, The Department also disagrees with caption ‘‘Examples of delayed flight the carrier will add those 20 minutes the suggestion that the FAA should not coding.’’ into its flight schedule. That flight will identify the delays coded ‘‘NAS.’’ It is probably have a consistent OPSNET important for management purposes for Reporting of Delayed Flights delay and an on-time ASQP arrival. The the FAA to identify the specific cause of Carriers use a fixed-length file format largest discrepancies between OPSNET ‘‘NAS’’ delays. The FAA has had ample to report on-time data. We have added experience using OPSNET data to and ASQP occur when there are long four-position numeric fields for each of identify ATC, airport, and weather ATC delays in the early morning. In the five possible causes of delays. these cases, both systems record delays related delays. The Department realizes Instead of reporting delay codes, carriers for the initial morning flights. ASQP that there will be some ‘‘NAS’’ delays will report the number of minutes will continue to record delayed flights which it will not be able to match with attributed to the cause of delay into the until the air carriers are able to meet its internal data. For example, there their published schedules. OPSNET, on probably will not be internal FAA data assigned fields for the appropriate cause the other hand, would not record to identify delays or cancellations of delay. There often are multiple another delay unless there was another caused by bird strikes. From the reasons for delayed flights, and we are ATC problem. information gathered by the Air Carrier requiring air carriers to report each The Department does not view On-Time Reporting Advisory Committee category of flight delay, as applicable. different statistics from OPSNET and and our experience with the follow-on The Department has adopted the fixed- ASQP as flawed data. However, the pilot program on causal reporting, it length file format as follows:

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FIELD SPECIFICATIONS FOR FORM 234, ON-TIME PERFORMANCE REPORTS

Field and description Type Location Length Comments

A—Carrier code ...... Alpha 1–2 2 B—Flight number ...... Num 3–6 4 C—Origin airport code ...... Alpha 7–9 3 D—Destination airport code ...... Alpha 10–12 3 E—Date of flight operation ...... Num 13–20 8 Format yyyymmdd. F—Day of the week of flight operation ...... Num 21 1 Mon = 1, Sun = 7. G—Scheduled departure time per OAG ...... Num 22–25 4 Local time 24 hour clock. H—Scheduled departure time per CRS ...... Num 26–29 4 Local time 24 hour clock. I—Gate departure time (actual) ...... Num 30–33 4 Local time 24 hour clock. J—Scheduled arrival time per OAG ...... Num 34–37 4 Local time 24 hour clock. K—Scheduled arrival time per CRS ...... Num 38–41 4 Local time 24 hour clock. L—Gate arrival time (actual) ...... Num 42–45 4 Local time 24 hour clock. M—Difference between OAG and CRS scheduled Num 46–49 4 In minutes (2 hrs = 0120 min). departure times. N—Difference between OAG and CRS scheduled Num 50–53 4 In minutes. arrival times. O—Scheduled elapsed time per CRS ...... Num 54–57 4 In minutes. P—Actual gate-to-gate time ...... Num 58–61 4 In minutes. Q—Departure delay time (actual minutes CRS) ...... Num 62–65 4 In minutes. R—Arrival delay time (actual minutes CRS) ...... Num 66–69 4 In minutes. S—Elapsed time difference (actual minutes CRS) ... Num 70–73 4 In minutes. T—Wheels-off time (actual) ...... Num 74–77 4 Local time 24 hour clock. U—Wheels-on time (actual) ...... Num 78–81 4 Local time 24 hour clock. V—Aircraft tail number ...... Alpha/ 82–87 6 Left justified, trailing blanks. Num W—Cancellation code ...... Num 88 1 (A, B, C, or D). X—Minutes late for delay ...... Num 89–92 4 Carrier Caused Delays—In minutes. Y—Minutes late for delay ...... Num 93–96 4 Extreme Weather Delays—In minutes. Z—Minutes late for delay ...... Num 97–100 4 NAS Delays—In minutes. AA—Minutes late for delay ...... Num 101–104 4 Security—In minutes. AB—Minutes late for delay ...... Num 105–108 4 Late Arriving Aircraft—In Minutes.

Cancellation codes Delay causes another 3 minutes to load late-arriving 7. A flight was 30 minutes late baggage. The flight arrived 15 minutes pushing back from the gate. The 30 A—Carrier Caused ... Carrier Caused. late. The delayed flight would be coded minute delay consisted of 10 minutes B—Extreme Weather Extreme Weather. 7 minutes for air carrier and 8 minutes for a late arriving aircraft and 20 C—National Aviation National Aviation Sys- for NAS. Please note in this example minutes for slow boarding process System. tem. that while no single air carrier caused D—Security ...... Security. because of an oversales problem. The Late Arriving Aircraft. delay was 5 minutes or more, the sum flight arrived 24 minutes late. The of the carrier delay was more than 5 delayed flight would be coded 8 All numeric fields for which data are minutes and the total delay was 15 minutes for late arriving flight and 16 unavailable will be zero-filled. minutes, and thus, reportable. minutes for air carrier. Please note in All alpha fields for which data are 4. A flight was delayed 20 minutes this example that the 6 minutes gained unavailable will be left blank. waiting for connecting passengers from after push back was prorated back to the The data fields in this document are Y2K compliant. another flight and arrived 28 minutes two recorded delays. In this example, late. The delayed flight would be coded late arriving aircraft was 33.3% of the Examples of delayed flight coding: 1. 20 minutes for air carrier and 8 minutes original delay and the air carrier delay A flight received a 20 minute ground for NAS. was 66.6% of the delay. Therefore, late hold because of congestion at the 5. A flight had a 16 minute ground arriving aircraft was computed as 33.3% destination airport, and the flight was of 24 which equals 8; and air carrier was 18 minutes late arriving at the hold and arrived 14 minutes late. There computed as 66.6% of 24 which equals destination airport gate. The delayed is no delay coding as the flight arrived 16. flight would be coded 18 minutes for within 15 minutes of scheduled arrival NAS. time, and thus, is considered on-time. 8. A flight was 20 minutes late 2. A flight was 4 minutes late pushing 6. A flight is 20 minutes late because because of a thunderstorm and 6 back from the gate and arrived 21 of weather and is coded 20 minutes for minutes late because of a crew problem. minutes late. The delayed flight would weather. The next flight with that The flight arrived 18 minutes late. The be coded 21 minutes for NAS. Please aircraft is 15 minutes late leaving the delayed flight would be coded 14 note in this example that the air carrier gate and arrives 20 minutes late. The minutes for weather and 4 minutes for delay was less than 5 minutes, and thus delayed flight would be coded 15 air carrier. In this example, the air unless the carrier tracks delays by the minutes for late arriving aircraft and 5 carrier must round the prorated minutes minute, the 4 minute push-back delay minutes NAS. Please note in this to whole numbers. Carriers should not would not be attributed to the air example that the air carrier made up 5 report fractions or decimals. Also, the carrier. minutes of the initial late arriving 3. A flight was delayed 4 minutes due aircraft delay, but then experienced a 5 to slow boarding of passengers and minute en-route delay.

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carrier would report an air carrier delay carrier cancelled three flights because already reporting under Part 234. None of less than 5 minutes because the the number of scheduled departures of the carriers, presently reporting under carrier was required to track the crew exceeded airport capacity; and the FAA Part 234, indicated that the annual costs delay because it was 5 minutes or more. advised all air carriers that they must for reporting the causes of delays and 9. Flight number 234 was 20 minutes reduce the remainder of their daily cancellations would be $100,000 or late departing the gate because the air schedule. The cancellation would be more. A carrier whose business expands carrier substituted a spare aircraft to coded AD’’ for Security. to such a point that it meets the Part 234 reduce a known upcoming delay. The reporting requirements, must develop a Rulemaking Analyses and Notices flight was scheduled to be operated with computer system to file its quality an aircraft that, at the time, was Executive Order 12866 and DOT performance reports of which the casual experiencing a 3 hour extreme weather Regulatory Policies and Procedures delay information would be a minor delay. Flight number 234 arrived 16 This rule is ‘‘significant’’ under part of the overall development costs. minutes late, and was reported as a 16 Executive Order 12866 and the Finally, even using slightly higher minute late arriving aircraft—extreme regulatory policies and procedures of cost estimates ($25,000–$50,000), we weather. the Department of Transportation (44 FR believe that the benefits to the traveling 10. A flight was 2 hours late because public and the availability of more the carrier’s concourse was evacuated 11034), and was reviewed by the Office of Management and Budget. As accurate information for the allocation and passengers re-screened because of a of transportation resources outweigh the breech of security. The flight would be discussed above, the purpose of the rule is to disclose more fully to the public modest costs that would be incurred by coded 120 minutes—Security. the reporting air carriers. 11. A flight was 3 minutes late and aviation managers the nature and because of late crew and 4 minutes late source of the delays and cancellations Executive Order 12612 because of severe weather. The flight experienced by air travelers. This objective is achieved by amending 14 This rule has been analyzed in arrived 19 minutes late. Since the flight accordance with the principles and was 7 minutes late departing the gate, CFR 234 to require reporting air carriers to identify and report causes of airline criteria contained in Executive Order the carrier could report the delay as 7 12612 (‘‘Federalism’’) and we have minutes ‘‘Weather’’ (the predominant delays and cancellations. Based on information collected during the pilot determined the rule does not have cause of the gate delay of over five sufficient federalism implications to minutes) and a ‘‘NAS’’ delay of 12 project, we estimate that the new reporting requirements would require warrant the preparation of a Federalism minutes. Also, acceptable would be 3 Assessment. minutes ‘‘Air Carrier,’’ 4 minutes each reporting carrier to expend 10–20 ‘‘Weather’’ and 12 minutes ‘‘NAS.’’ hours to reconfigure its data system. Regulatory Flexibility Act Analysis Examples of cancelled flight coding: Once these initial resources are The Regulatory Flexibility Act (5 1. A flight cancelled because of expended, we estimate that there will be U.S.C. 601 et seq.) requires an agency to mechanical problems is coded ‘‘A’’ for no additional costs or burdens for delay review its regulations to assess their air carrier. and cancellation reporting. We 2. Flight 123, BOS–DCA was estimated reprogramming costs of impact on small entities unless the cancelled because, overnight, the airport $100.00/hour. Thus, we estimate that for agency determines that a rule is not had two feet of snow. The cancellation the 10 reporting air carriers in total, expected to have a significant impact on would be coded ‘‘B’’ for weather. there would be an initial reprogramming a substantial number of small entities. 3. The next segment of Flight 123, cost of $10,000—$20,000. Unless alternative definitions have been DCA–MIA was cancelled because the Prior to the issuance of the NPRM, the established by the agency in aircraft that was to be used for this flight Air Carrier Association of America consultation with the Small Business is stuck in two feet of snow in Boston. stated that the start-up costs for air Administration (SBA), the definition of The weather in Washington and Miami carriers not presently reporting under ‘‘small business’’ has the same meaning is clear. The cancellation would be Part 234 would be approximately as under the Small Business Act (15 coded ‘‘B’’ for weather, because the $25,000, with annual costs as high as CFR parts 631–657c). For those intended aircraft was out of position as $100,000. The Air Carrier Association of companies providing scheduled a result of a prior cancellation attributed America did not submit a comment in passenger air transportation, the SBA to weather. response to the NPRM. American Trans defines a small business as an air carrier 4. It’s a clear day at O’Hare, but there Air estimated its initial programming that has 1,500 employees or fewer (See is a ground hold for flights to DFW costs at $136,000 and an annual cost of NAICS Number 48111). because of a severe thunderstorm $100,000 ‘‘to report on-time The rule applies only to those air around the DFW airport. After a 3 hour performance as well as causal data.’’ carriers that meet the Part 234 reporting wait, the weather at DFW has not The ATA stated that it would be criteria (i.e., carriers that hold a changed, and the carrier cancels the ‘‘inappropriate’’ for it to estimate the certificate under 49 U.S.C. 41102 and flight. The cancellation would be coded costs to its members because ‘‘on-time account for at least 1 percent of the ‘‘B’’ for weather. flight performance reporting is the domestic scheduled-passenger revenues 5. It’s a rainy, misty day at O’Hare. responsibility of each certificated in the past 12 months). We have Operations have been slow all morning. carrier.’’ reviewed our data base and find that The air carrier receives a call from air This final rule applies only to carriers none of the air carriers that report under traffic control asking that it cancel one reporting under Part 234 and, while Part 234 have 1,500 employees or fewer. of its next five flights to allow the American Trans Air submitted cost In fact, our information indicates that all airport to return to normal operations. estimates, it has not reached the Part of these carriers employ more than Other carriers receive similar calls. 234 reporting threshold at this time and 10,000 employees. Therefore, we believe These cancellations would be coded thus, is not covered by the requirements that this rule does not apply to any ‘‘C’’ for NAS. of this rule. Thus, none of the air ‘‘small business’’ as defined by the SBA. 6. The airport is closed for two hours carriers covered by this final rule face Thus, based on the above discussion, I because of a breech in security. The development costs since they are certify this rule will not have a

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significant economic impact on a Budget, Room 10235, New Executive Code substantial number of small entities. Office Building, Washington, DC 20503, A—Air Carrier Attention Desk Office for the B—Extreme Weather Unfunded Mandates Reform Act Department of Transportation or Bernie C—National Aviation System (NAS). D-Security This rule does not impose unfunded Stankus at the address listed under FOR mandates under the Unfunded FURTHER INFORMATION CONTACT. (1) Air Carrier cancellations are due to Mandates Reform Act of 1995. It does circumstances that were within the not result in costs of $100 million or Regulation Identifier Number control of the air carrier (e.g., lack of more to either State, local, or tribal A regulation identifier number (RIN) flight crew, maintenance, etc.). governments, in the aggregate, or to the is assigned to each regulatory action (2) Extreme weather cancellations are private sector. listed in the Unified Agenda of Federal caused by weather conditions (e.g., Environmental Assessment Regulations. The Regulatory Information significant meteorological conditions), Service Center publishes the Unified actual or forecasted at the point of We believe that the changes to the Agenda in April and October of each departure, en route, or point of arrival Part 234 reporting system have no year. The RIN number 2139–AA09 that, in accordance with applicable significant impact on the environment. contained in the heading of this regulatory standards and/or in the The changes proposed in this final rule document can be used to cross reference judgment of the air carrier, prevents should increase the quality of data this action with the Unified Agenda. operation of that flight and/or prevents collected on the causes of airline delays operations of subsequent flights due to and cancellations, thus increasing our Regulatory Text the intended aircraft being out of ability to evaluate potential air traffic Accordingly, the Bureau of position as a result of a prior problems and allocate the appropriate Transportation Statistics, under cancellation or delay attributable to resources toward mitigating these delegated authority pursuant to 49 CFR weather. problems. These revisions should part 1, amends Chapter II of 14 CFR, as (3) NAS cancellations are caused by produce a small net benefit to the follows: circumstances within the National environment by improving the data Aviation System. This term is used to sources used in regulatory development. List of Subjects in 14 CFR Part 234 refer to a broad set of conditions: Therefore, we find that there are no Advertising, Air carriers, Consumer weather-non-extreme, airport significant environmental impacts protection, Reporting requirements, operations, heavy traffic volume, air associated with this rule. Travel agents. traffic control, etc. Paperwork Reduction Act Analysis (4) Security cancellations may be the PART 234—[AMENDED] The reporting and record keeping result of malfunctioning screening or requirements associated with this final 1. The authority citation for Part 234 other security equipment or a breech of rule are being sent to the Office of continues to read as follows: security that causes the evacuation of the airport or individual concourses, or Management and Budget in accordance Authority: 49 U.S.C. 329 and chapters 401, with 44 U.S.C. Chapter 35 under OMB 413, 417. the need to re-screen passengers. NO: 2138–0040. Administration: Bureau (h) Reporting carriers should use the 2. Section 234.4 is amended by of Transportation Statistics; Title: following causes to identify the reasons adding paragraphs (a)(16) through Airline Service Quality Performance for delayed flights: (a)(21), revising paragraph (b), and Reports; Need for Information: adding paragraph (g), (h) and (i) as CAUSE Statistical information on the causes of Air Carrier follows: airline delays and cancellations; Extreme weather Proposed Use of Information: To § 234.4 Reporting of on-time performance. NAS disclose more fully to the public the Security (a) * * * Late arriving aircraft nature and source of the delays and (16) Causal code for cancellation, if cancellations experienced by air any. (1) Air carrier delays are due to travelers; Frequency: Monthly; Burden (17) Minutes of delay attributed to the circumstances within the control of the Estimate: 150 hours; Average Annual air carrier, if any. air carrier. Burden Hours per Respondent After (18) Minutes of delay attributed to (2) Extreme weather delays are caused Final Rule is Issued—No burden. Based extreme weather, if any. by weather conditions (e.g., significant on information collected during the (19) Minutes of delay attributed to the meteorological conditions, actual or pilot project, we estimate that these national aviation system, if any. forecasted at the point of departure, en reporting requirements will require each (20) Minutes of delay attributed to route, or point of arrival that, in affected carrier to expend 10–20 hours security, if any. accordance with applicable regulatory to reconfigure its data system. We (21) Minutes of delay attributed to a standards and/or in the judgment of the estimate reprogramming costs of previous late arriving aircraft, if any. air carrier, prevents operation of that $100.00/hour. Thus, we estimate that for (b) When reporting the information flight and/or prevents operations of the 10 reporting air carriers in total, specified in paragraph (a) of this section subsequent flights due to the intended there would be an initial reprogramming for a diverted flight, a reporting carrier aircraft being out of position as a result cost of $10,000–$20,000. Once these shall use the original scheduled flight of a prior cancellation or delay initial resources are expended, we number and the original scheduled attributable to weather. estimate that there would be no origin and destination airport codes. (3) NAS delays are caused by additional annual burden. We invite Carriers are not required to report causal circumstances within the National comments on our burden estimates. For information for diverted flights. Aviation System. This term is used to further information or to comment on * * * * * refer to a broad set of conditions: the burden hour estimate contact: The (g) Reporting carriers should use the weather-non-extreme, airport Office of Information and Regulatory following codes to identify causes for operations, heavy traffic volume, air Affairs, Office of Management and cancelled flights: traffic control, etc.

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(4) Security delays may be the result water cannon) to the FRY are removed, 9D018, 9E018 to the FRY. BIS is of malfunctioning screening or other and a case-by-case license review policy removing altogether ECCN 0A989, water security equipment or a breech of is reinstated for the export and reexport cannon and specially designed security that causes the evacuation of of items controlled for regional stability components for water cannon, because the airport or individual concourses or and crime control reasons. This rule is it was a UN arms embargo-based control the need to re-screen passengers. consistent with United Nations Security applying solely to the FRY. BIS also is (5) Late arriving aircraft delays are the Council (UNSC) Resolution 1367 of reinstating a case-by-case licensing result of a late incoming aircraft from September 10, 2001, which terminated policy for the export and reexport of the previous flight. the international arms embargo against these items controlled for crime control (i) When reporting causal codes in the FRY mandated by UNSC Resolution or regional stability reasons destined to paragraph (a) of this section, reporting 1160 of March 3, 1998. This rule also the FRY. carriers are required to code delays only makes a minor clarification to the arms This rule also adds a new note when the arrival delay is 15 minutes or embargo-based controls in place with number 4 in the License Exception greater; and reporting carriers must respect to Rwanda pursuant to UNSC sections of entries for ‘‘Technology’’ report each causal component of the Resolution 918 of May 17, 1994. controlled by ECCNs 6E001 and 6E002, reportable delay when the causal DATES: This rule is effective November making License Exception Technology component is 5 minutes or greater. 25, 2002. and Software under Restriction (TSR) unavailable for exports or reexports of 3. Section 234.5 is revised as follows: FOR FURTHER INFORMATION CONTACT: Joan 6E001 and 6E002 ‘‘Technology’’ to Roberts, Director, Foreign Policy § 234.5 Form of reports. Rwanda, which is still subject to a UN Division, Office of Strategic Trade and Except where otherwise noted, all arms embargo pursuant to UNSC Foreign Policy Controls, Bureau of reports required by this part shall be Resolution 918 of May 17, 1994. With Industry and Security, Telephone (202) filed within 15 days of the end of the respect to Rwanda, ‘‘Technology’’ 482–0171, e-mail [email protected]. month for which data are reported. The controlled by ECCN 6E001 is for the reports must be submitted to the Office SUPPLEMENTARY INFORMATION: ‘‘development’’ of equipment, materials of Airline Information in a format Background or ‘‘software’’ controlled by Category specified in accounting and reporting 6A002 or 6A003, and ‘‘Technology’’ Consistent with United Nations directives issued by the Bureau of controlled by ECCN 6E002 is for the Security Council (UNSC) Resolution Transportation Statistics’ Assistant ‘‘production’’ of equipment or materials 1160 of March 3, 1998, the Bureau of Director for Airline Information. controlled by 6A002 or 6A003. The Industry and Security (BIS), formerly license requirements for Rwanda are set Issued in Washington, DC on November 15, the Bureau of Export Administration 2002. forth in section 746.8 of the EAR. (BXA), imposed new controls on the Finally, this rule makes changes to Rick Kowalewski, export and reexport of arms-related sections 732.3 and 758.1 of the EAR to Acting Director, Bureau of Transportation items subject to the EAR to the Federal reflect the removal of the UN arms Statistics. Republic of Yugoslavia (Serbia and embargo-based controls against the FRY [FR Doc. 02–29910 Filed 11–22–02; 8:45 am] Montenegro) (FRY). UNSC Resolution and removes Supplement 2 to part 746 BILLING CODE 4910–62–P 1160 mandated an embargo on the sale describing international arms embargoes or supply of arms and arms-related administered by the Department of mate´riel to the FRY. On July 14, 1998, State. For information on such DEPARTMENT OF COMMERCE BIS issued a rule consistent with the embargoes, exporters are advised to UNSC embargo against the FRY, consult with the Department of State, Bureau of Industry and Security applying a policy of denial on the Office of Defense Trade Controls. export and reexport of items controlled 15 CFR Parts 732, 738, 746, 758 and for crime control and regional stability Rulemaking Requirements 774 reasons and making additional items 1. This final rule has been determined [Docket No. 021009232–2232–01] subject to control (e.g, certain shotgun to be not significant for purposes of E.O. shells, military helmets, water cannon 12866. RIN 0694–AC57 and certain civil aircraft). BIS placed the 2. Notwithstanding any other specific provisions that implemented provision of law, no person is required Exports and Reexports to the Federal the embargo in section 746.9 of the EAR. to respond to, nor shall any person be Republic of Yugoslavia: Lifting of UN On September 10, 2001, in Resolution subject to a penalty for failure to comply Arms Embargo-Based Controls; 1367, the UNSC terminated the with a collection of information, subject Clarification of UN Arms Embargo- international arms embargo against the to the requirements of the Paperwork Based Controls on Rwanda FRY. Consistent with UNSC Resolution Reduction Act (PRA), unless that AGENCY: Bureau of Industry and 1367, this rule removes the provisions collection of information displays a Security, Commerce. in section 746.9 of the EAR that currently valid OMB Control Number. ACTION: Final rule. implemented the arms embargo against This rule involves collections of the FRY. With the publication of this information subject to the Paperwork SUMMARY: This rule amends the Export rule, BIS is removing the UN arms Reduction Act of 1995 (44 U.S.C. 3501 Administration Regulations (EAR) by embargo-based license requirements for et seq.) These collections have been removing the special controls on the the export and reexport of items approved by the Office of Management export and reexport of arms-related controlled under Export Classification and Budget under control number 0694– items imposed on July 14, 1998 on the Control Numbers (ECCNs) 0A018, 0088, ‘‘Multi-Purpose Application,’’ Federal Republic of Yugoslavia (Serbia 0A984, 0A985, 0A986, 0A987, 0A988, which carries a burden hour estimate of and Montenegro) (FRY). Consequently, 0B986, 0E018, 0E984, 1A005, 1B018, 40 minutes to prepare and submit arms embargo-based licensing 1C018, 1C992 1D018, 2A993, 2B018, electronically and 45 minutes to submit requirements for exports and reexports 2D018, 2E018, 6A002, 6A003, 6A018, manually on form BIS–748P. Send of certain items subject to the EAR (e.g., 6E001, 6E002, 8A018, 9A018, 9A991, comments regarding these burden

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estimates or any other aspect of these Accordingly, parts 732, 738, 746, 758 § 746.1 [Amended] collections of information, including and 774 of the Export Administration 6. Section 746.1 is amended by suggestions for reducing the burden, to Regulations (15 CFR parts 730–799) are removing paragraphs (e) and (f). OMB Desk Officer, New Executive amended as follows: Office Building, Washington, DC 20503; § 746.9 [Removed] PART 732—[AMENDED] and to the Regulatory Policy Division, 7. Section 746.9 is removed and Bureau of Industry and Security, 1. The authority citation for part 732 reserved. Department of Commerce, P.O. Box 273, continues to read as follows: 8. Supplement No. 2 to Part 746 is Washington, DC 20044. 3. This rule does not contain policies Authority: 50 U.S.C. app. 2401 et seq.; 50 removed and reserved. U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, with Federalism implications sufficient PART 758—[AMENDED] to warrant preparation of a Federalism 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice assessment under Executive Order of August 14, 2002, 67 FR 53721, August 16, 9. The authority citation for part 758 13132. 2002. continues to read as follows: 4. The provisions of the Administrative Procedure Act (5 U.S.C. § 732.3 [Amended] Authority: 50 U.S.C. app. 2401 et seq.; 50 553) requiring notice of proposed U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 2. Section 732.3 is amended: rulemaking, the opportunity for public 3 CFR, 2001 Comp., p. 783; Notice of August a. By revising the phrase ‘‘For Angola, 14, 2002, 67 FR 53721, August 16, 2002. participation, and a delay in effective Bosnia-Herzegovina, Croatia, Rwanda, date, are inapplicable because this and Serbia and Montenegro’’ in § 758.1 [Amended] regulation involves a military and paragraph (d)(4) to read ‘‘For Angola 10. Section 758.1 is amended by foreign affairs function of the United and Rwanda’’; and States (5 U.S.C. 553(a)(1)). Further, no b. By revising the phrase ‘‘If your revising the phrase ‘‘For all exports of other law requires that a notice of destination for any item is Bosnia- items subject to the EAR that are proposed rulemaking and an Herzegovina, Croatia, Cuba, Iran, Iraq, destined to Cuba, Iran, Iraq, Libya, opportunity for public comment be Libya, Rwanda, or Serbia and North Korea, Serbia (except Kosovo), given for this final rule. Because a Montenegro you must consider the Sudan, or Syria,’’ in paragraph (b)(1) to notice of proposed rulemaking and an requirements of part 746 of the EAR.’’ in read ‘‘For all exports of items subject to opportunity for public comment are not introductory text in paragraph (i) to read the EAR that are destined to Cuba, Iran, required to be given for this rule under ‘‘If your destination for any item is Iraq, Libya, North Korea, Sudan, or 5 U.S.C. 553 or by any other law, the Cuba, Iran, Iraq, Libya or Rwanda you Syria,’’. analytical requirements of the must consider the requirements of parts * * * * * Regulatory Flexibility Act (5 U.S.C. 601 742 and 746 of the EAR.’’ et seq.) are not applicable. PART 774—[AMENDED] Therefore, this regulation is issued in PART 738—[AMENDED] final form. Although there is no formal 11. The authority citation for part 774 comment period, public comments on 3. The authority citation for part 738 continues to read as follows: this regulation are welcome on a continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 continuing basis. Comments should be U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. submitted to Sheila Quarterman, Authority: 50 U.S.C. app. 2401 et seq.; 50 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Regulatory Policy Division, Bureau of 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Industry and Security, Department of 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Commerce, P.O. Box 273, Washington, U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. DC 20044. U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 106–387; Sec. 221, Pub. L. 107–56; E.O. List of Subjects 466c; 50 U.S.C. app. 5; Sec. 901–911, Publ. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. L. 106–387; Sec. 221, Publ. L. 107–56; E.O. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 15 CFR Part 732 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Comp., p. 783; Notice of August 14, 2002, 67 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 FR 53721, August 16, 2002. Administrative practice and Comp., p. 783; Notice of August 14, 2002, 67 procedure, Exports, Foreign trade, FR 53721, August 16, 2002. 12. In Category 0—Nuclear Materials, Reporting and recordkeeping Facilities, and Equipment [and 4. Supplement No. 1 to Part 738 is requirements. Miscellaneous Items], the following amended by removing the footnote Export Classification Numbers (ECCN’s) 15 CFR Part 738 notation ‘‘1’’ from the entry ‘‘Yugoslavia are amended: Administrative practice and (Serbia and Montenegro), Federal a. By revising the ‘‘License procedure, Exports, Foreign trade. Republic of’’. Requirements’’ section and the ‘‘License 15 CFR Part 746 PART 746—[AMENDED] Exceptions’’ section for ECCNs 0A018 Embargoes, Exports, Foreign trade, and 0E018; Reporting and recordkeeping 5. The authority citation for part 746 b. By revising the ‘‘License requirements. is revised to read as follows: Requirements’’ section for ECCNs 0A984, 0A985, 0A986, 0A987, 0A988, 15 CFR Part 758 Authority: 50 U.S.C. app. 2401 et seq.; 50 0B986, and 0E984; and U.S.C. 1701 et seq.; 22 U.S.C. 287c; 22 U.S.C. c. By removing ECCN 0A989, to read Administrative practice and 6004; Sec. 901–911, Publ. L. 106–387; Sec. procedure, Exports, Foreign trade, 221, Publ. L. 107–56; E.O. 12854, 58 FR as follows: Reporting and recordkeeping, 36587, 3 CFR 1993 Comp., p. 614; E.O. 0A018 Items on the International requirements. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. Munitions List. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; License Requirements 15 CFR Part 774 Notice of August 14, 2002, 67 FR 53721, Exports, Foreign Trade. August 16, 2002. Reason for Control: NS, AT, UN.

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Control(s) Country chart * * * * * designed to determine AT licensing 0A986 Shotgun shells, except requirements for this entry. See § 742.19 NS applies to entire entry .... NS Column 1. buckshot shotgun shells, and parts. of the EAR for additional information. AT applies to entire entry ..... AT Column 1. License Requirements UN applies to entire entry. A license UN applies to entire entry .... Rwanda. is required for items controlled by this Reason for Control: AT, FC, UN. entry to Rwanda. The Commerce License Exceptions Country Chart is not designed to Control(s) Country chart LVS: $5000 for 0A018.a and .b, $3000 determine licensing requirements for for 0A018.c, $1500 for 0A018.d AT applies to entire entry. A license is re- this entry. See part 746 of the EAR for through .f, $0 for Rwanda quired for items controlled by this entry to additional information. GBS: N/A North Korea for anti-terrorism reasons. The * * * * * CIV: N/A Commerce Country Chart is not designed 0E018 ‘‘Technology’’ for the * * * * * to determine AT licensing requirements for ‘‘development’’, ‘‘production’’, or ‘‘use’’ 0A984 Shotguns, barrel length 18 this entry. See § 742.19 of the EAR for ad- of items controlled by 0A018.b through ditional information. inches (45.72 cm) inches or over; FC applies to entire entry .... FC Column 1. 0A018.e. buckshot shotgun shells; except UN applies to entire entry. A license is re- License Requirements equipment used exclusively to treat or quired for items controlled by this entry to tranquilize animals, and except arms Rwanda. The Commerce Country Chart is Reason for Control: NS, UN, AT. designed solely for signal, flare, or not designed to determine licensing re- saluting use; and parts, n.e.s. quirements for this entry. See part 746 of Control(s) Country chart the EAR for additional information. License Requirements NS applies to entire entry .... NS Column 1. UN applies to entire entry .... Rwanda. Reason for Control: CC, FC, UN. * * * * * 0A987 Optical sighting devices for AT applies to entire entry ..... AT Column 1. Control(s) Country chart firearms (including shotguns controlled by 0A984); and parts, n.e.s. License Exceptions FC applies to entire entry .... FC Column 1. License Requirements CIV: N/A CC applies to shotguns with CC Column 1. TSR: Yes, except N/A for Rwanda a barrel length greater Reason for Control: FC, CC, UN. than or equal to 18 in. * * * * * (45.72 cm), but less than Control(s) Country chart 0E984 ‘‘Technology’’ for the 24 in. (60.96 cm) or buck- ‘‘development’’ or ‘‘production’’ of shot shotgun shells con- FC applies to optical sights FC Column 1. shotguns controlled by 0A984 and trolled by this entry, re- for firearms, including buckshot shotgun shells. gardless of end-user. shotguns described in CC applies to shotguns with CC Column 2. ECCN 0A984, and related License Requirements a barrel length greater parts. Reason for Control: CC, UN. than or equal to 24 in. CC applies to entire entry .... CC Column 1. (60.96 cm), regardless of UN applies to entire entry .... Rwanda. Control(s) Country chart end-user. CC applies to shotguns with CC Column 3. * * * * * CC applies to ‘‘technology’’ CC Column 1. a barrel length greater 0A988 Conventional military steel for shotguns with a barrel than or equal to 24 in. helmets as described by 0A018.f.1; and length over 18 in. (45.72 (60.96 cm) if for sale or re- machetes. cm) but less than 24 in. sale to police or law en- (60.96 cm) and shotgun forcement. License Requirements shells, regardless of end- UN applies to entire entry .... Rwanda. Reason for Control: UN. user. CC applies to ‘‘technology’’ CC Column 2. * * * * * Control(s): UN applies to entire entry. A license is required for conventional for shotguns with a barrel 0A985 Discharge type arms (for length over 24 in. (60.96 example, stun guns, shock batons, military steel helmets as described by cm), regardless of end- electric cattle prods, immobilization 0A018.f.1 to Rwanda. A license is user. guns and projectiles) except equipment required for machetes to Rwanda. The CC applies to ‘‘technology’’ CC Column 3. used exclusively to treat or tranquilize Commerce Country Chart is not for shotguns with a barrel animals, and except arms designed designed to determine licensing length over 24 in. (60.96 cm) if for sale or resale to solely for signal, flare, or saluting use; requirements for this entry. See part 746 of the EAR for additional information. police or law enforcement. and parts, n.e.s. UN applies to entire entry .... Rwanda. * * * * * License Requirements 0B986 Equipment specially * * * * * Reason for Control: CC, UN. designed for manufacturing shotgun shells; and ammunition hand-loading 13. In Category 1—Materials, Control(s) equipment for both cartridges and Chemicals, ‘‘Microoganisms’’ & shotgun shells. ‘‘Toxins’’, the following Export Control CC applies to entire entry. A license is re- Classification Numbers (ECCNs) are quired for ALL destinations, except Can- License Requirements amended: ada, regardless of end-use. Accordingly, a Reason for Control: AT, UN. a. By revising the ‘‘License column specific to this control does not ap- Control(s): AT applies to entire entry. Requirements’’ section and ‘‘License pear on the Commerce Country Chart. A license is required for items Exceptions’’ section for ECCNs 1B018 (See part 742 of the EAR for additional in- controlled by this entry to North Korea and 1C018; and formation.) UN applies to entire entry .... Rwanda. for anti-terrorism reasons. The b. By revising the ‘‘License Commerce Country Chart is not Requirements’’ section for ECCNs

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1A005, 1C992, and 1D018, to read as Control(s) Country chart Control(s) Country chart follows: 1A005 Body armor, and specially AT applies to entire entry ..... AT Column 1. MT applies to specialized MT Column 1. designed components therefor, not machinery, equipment, manufactured to military standards or * * * * * and gear for producing specifications, nor to their equivalents rocket systems (including 1D018 ‘‘Software’’ specially in performance. ballistic missile systems, designed or modified for the space launch vehicles, License Requirements ‘‘development’’, ‘‘production’’, or ‘‘use’’ and sounding rockets) and of items controlled by 1B018. unmanned air vehicle sys- Reason for Control: NS, UN, AT. tems (including cruise mis- License Requirements sile systems, target Control(s) Country chart drones, and reconnais- Reason for Control: NS, MT, AT, UN. sance drones) usable in NS applies to entire entry .... NS Column 2. systems that are controlled UN applies to entire entry .... Rwanda. AT applies to entire entry ..... AT Column 1. Control(s) Country chart for MT reasons including their propulsion systems and components, and * * * * * NS applies to entire entry .... NS Column 1. MT applies to ‘‘software’’ for MT Column 1. pyrolytic deposition and 1B018 Equipment on the densification equipment. International Munitions List. the ‘‘development’’, ‘‘production’’, or ‘‘use’’ of RS applies to entire entry .... RS Column 2. License Requirements items controlled by 1B018 AT applies to entire entry ..... AT Column 1. for MT reasons. UN applies to entire entry .... Rwanda. Reason for Control: NS, MT, RS, AT, AT applies to entire entry ..... AT Column 1. UN. UN applies to entire entry .... Rwanda. License Exceptions Control(s) Country chart LVS: $3000, except N/A for Rwanda * * * * * GBS: Yes for Advisory Note in this entry NS applies to entire entry .... NS Column 1. to 2B018, except N/A for Rwanda 14. In Category 2—Materials MT applies to equipment for MT Column 1. CIV: N/A Processing, the following Export Control the ‘‘production’’ of rocket * * * * * Classification Numbers (ECCNs) are propellants. 2D018 ‘‘Software’’ for the RS applies to 1B018.a ...... RS Column 2. amended: AT applies to entire entry ..... AT Column 1. ‘‘development’’, ‘‘production’’ or ‘‘use’’ UN applies to entire entry .... Rwanda. a. By revising the ‘‘License of equipment controlled by 2B018. Requirements’’ section of ECCN 2A993; License Requirements and License Exceptions Reason for Control: NS, MT, AT, UN. LVS: $3000 for 1B018.a for countries b. By revising the ‘‘License WITHOUT an ‘‘X’’ in RS Column 2 on Requirements’’ section and the ‘‘License Control(s) Country chart the Country Chart contained in Exceptions’’ section for ECCNs 2B018, Supplement No. 1 to part 738 of the 2D018, and 2E018, to read as follows: NS applies to entire entry .... NS Column 1. EAR; $5000 for 1B018.b; N/A for 2A993 Explosive detection systems, MT applies to ‘‘software’’ for MT Column 1. equipment controlled by Rwanda. consisting of an automated device, or 2B018 for MT reasons. GBS: N/A combination of devices, with the ability AT applies to entire entry ..... AT Column 1. CIV: N/A to detect the presence of different types UN applies to entire entry .... Rwanda. * * * * * of explosives, in passenger checked 1C018 Commercial charges and baggage, without need for human skill, License Exceptions devices containing energetic materials vigilance, or judgment. on the International Munitions List. CIV: N/A License Requirements TSR: Yes, except N/A for Rwanda License Requirements * * * * * Reason for Control: NS, AT, UN. Reason for Control: AT 2E018 ‘‘Technology’’ for the ‘‘use’’ of equipment controlled by 2B018. Control(s) Country chart Control(s) Country chart License Requirements NS applies to entire entry .... NS Column 1. AT applies to entire entry ..... AT Column 1. Reason for Control: NS, MT, AT, UN. AT applies to entire entry ..... AT Column 1. UN applies to entire entry .... Rwanda. * * * * * Control(s) Country chart License Exceptions 2B018 Equipment on the NS applies to entire entry .... NS Column 1. International Munitions List. MT applies to ‘‘technology’’ MT Column 1. LVS: $3000, except N/A for Rwanda for equipment controlled GBS: Yes for items listed in Advisory License Requirements by 2B018 for MT reasons. Note to 1C018, except N/A for Reason for Control: NS, MT, RS, AT, AT applies to entire entry ..... AT Column 1. Rwanda UN applies to entire entry .... Rwanda. CIV: N/A UN. * * * * * License Exceptions 1C992 Commercial charges and Control(s) Country chart devices containing energetic materials, CIV: N/A NS applies to entire entry .... NS Column 1. TSR: Yes, except N/A for Rwanda n.e.s. * * * * * License Requirements 15. In Category 6—Sensors and Reason for Control: AT. Lasers, the following Export Control

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Classification Numbers (ECCNs) are License Exceptions 6A008.l.3, 6B008, 6D003.a; (b) amended by revising the ‘‘License LVS: $5000, except N/A for Rwanda Equipment controlled by 6A001.a.2.c or Requirements’’ section for ECCNs GBS: N/A 6A001.a.2.f when specially designed for 6A002 and 6A003 and ‘‘License CIV: N/A real time applications; or (c) ‘‘Software’’ Requirements’’ section and the ‘‘License controlled by 6D001 and specially Exceptions’’ section for ECCNs 6A018, * * * * * designed for the ‘‘development’’ or 6E001, and 6E002, to read as follows: 6E001 ‘‘Technology’’ according to ‘‘production’’ of equipment controlled the General Technology Note for the 6A002 Optical sensors. by 6A008.l.3 or 6B008; or ‘‘development’’ of equipment, materials (4) Exports or reexports to Rwanda. License Requirements or ‘‘software’’ controlled by 6A (except * * * * * 6A018, 6A991, 6A992, 6A994, 6A995, Reason for Control: NS, MT, CC, RS, 6E002 ‘‘Technology’’ according to 6A996, 6A997, or 6A998), 6B (except AT, UN. the General Technology Note for the 6B995), 6C (except 6C992 or 6C994), or ‘‘production’’ of equipment or materials 6D (except 6D991, 6D992, or 6D993). Control(s) Country chart controlled by 6A (except 6A018, 6A991, License Requirements 6A992, 6A994, 6A995, 6A996, 6A997 or NS applies to entire entry .... NS Column 2. 6A998), 6B (except 6B995) or 6C (except MT applies to optical detec- MT Column 1. Reason for Control: NS, MT, NP, RS, 6C992 or 6C994). tors in 6A002.a.1, a.3, and CC, AT, UN. .e that are specially de- License Requirements signed or rated as Control(s) Country chart electomagnetic (including Reason for Control: NS, MT, NP, RS, and ionized particle radi- NS applies to ‘‘technology’’ NS Column 1. AT, CC, UN. ation resistant. for items controlled by RS applies to 6A002.a.1, RS Column 1. 6A001 to 6A008, 6B004 to Control(s) Country chart a.2, a.3 and .c. 6B008, 6C002 to 6C005, CC applies to police-model CC Column 1. or 6D001 to 6D003. NS applies to ‘‘technology’’ NS Column 1. infrared viewers in MT applies to ‘‘technology’’ MT Column 1. for equipment controlled 6A002.c. for items controlled by by 6A001 to 6A008, AT applies to entire entry ..... AT Column 1. 6A002, 6A007, 6A008, 6B004 to 6B008, or 6C002 UN applies to 6A002.a.1, a.2 Rwanda. 6A102, 6A107, 6A108, to 6C005. a.3 and c. 6B008, 6B108, 6D001, MT applies to ‘‘technology’’ MT Column 1. 6D002, 6D102 or 6D103 for equipment controlled by 6A002, 6A007, 6A008, License Requirement Notes: See for MT reasons. NP applies to ‘‘technology’’ NP Column 2. 6A102, 6A107, 6A108, § 743.1 of the EAR for reporting 6B008, or 6B108 for MT requirements for exports under License for equipment controlled by 6A003, 6A005, 6A202, reasons. Exceptions. 6A203, 6A205, 6A225 or NP applies to ‘‘technology’’ NP Column 1. * * * * * 6A226 for NP reasons. for equipment controlled 6A003 Cameras. RS applies to ‘‘technology’’ RS Column 1. by 6A003, 6A005, 6A202, for equipment controlled 6A203, 6A205, 6A225 or License Requirements by 6A002 or 6A003 for RS 6A226 for NP reasons. RS applies to ‘‘technology’’ RS Column 1. Reason for Control: NS, NP, RS, AT, reasons. CC applies to ‘‘technology’’ CC Column 1. for equipment controlled UN. for equipment controlled by 6A002 or 6A003 for RS by 6A002 for CC reasons. reasons. Control(s) Country chart AT applies to entire entry ..... AT Column 1. CC applies to ‘‘technology’’ CC Column 1. UN applies to ‘‘technology’’ Rwanda. for equipment controlled NS applies to entire entry .... NS Column 2. for equipment controlled by 6A002 for CC reasons. NP applies to items con- NP Column 1. by 6A002 or 6A003 for UN AT applies to entire entry ..... AT Column 1. trolled in paragraphs reasons. UN applies to ‘‘technology’’ Rwanda. 6A003.a.2, a.3 and a.4. for equipment controlled RS applies to items con- RS Column 1. License Requirement Notes: See by 6A002 or 6A003 for UN trolled in 6A003.b.3 and reasons. b.4. § 743.1 of the EAR for reporting AT applies to entire entry ..... AT Column 1. requirements for exports under License License Requirement Notes: See UN applies to items con- Rwanda. Exceptions. § 743.1 of the EAR for reporting trolled in 6A003.b.3 and b.4. License Exceptions requirements for exports under License Exceptions. CIV: N/A * * * * * TSR: Yes, except for the following: License Exceptions 6A018 Magnetic, pressure, and (1) Items controlled for MT reasons; CIV: N/A acoustic underwater detection devices (2) Items controlled by 6A004.e; or TSR: Yes, except for the following: specially designed for military purposes (3) Exports or reexports to (1) Items controlled for MT reasons; and controls and components therefor. destinations outside of Austria, (2) Items controlled by 6A004.e; or Belgium, Canada, Denmark, Finland, (3) Exports or reexports to License Requirements France, Germany, Greece, Ireland, Italy, destinations outside of Austria, Reason for Control: NS, AT, UN. Japan, Luxembourg, the Netherlands, Belgium, Canada, Denmark, Finland, Portugal, Spain, Sweden, or the United France, Germany, Greece, Ireland, Italy, Control(s) Country chart Kingdom of ‘‘technology’’ for the Japan, Luxembourg, the Netherlands, ‘‘development’’ of the following: (a) Portugal, Spain, Sweden, or the United NS applies to entire entry .... NS Column 1. AT applies to entire entry ..... AT Column 1. Items controlled by 6A001.a.2.a.1, Kingdom of ‘‘technology’’ for the UN applies to entire entry .... Rwanda. 6A001.a.2.a.2, 6A001.a.2.a.5, ‘‘development’’ of the following: (a) 6A001.a.2.b, 6A001.a.2.e., 6A002.a.1.c, Items controlled by 6A001.a.2.a.1,

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6A001.a.2.a.2, 6A001.a.2.a.5, License Requirements remain closed to navigation on 6A001.a.2.b, and 6A001.a.2.c; and (b) Reason for Control: AT, UN. December 9, 2002. The deviation is Equipment controlled by 6A001.a.2.e necessary to lift the girder off the pivot and 6A001.a.2.f when specially Control(s) Country chart pedestal in order to remove the worn designed for real time applications; or disc and install a new disc that affect (c) ‘‘Software’’ controlled by 6D001 and AT applies to entire entry ..... AT Column 1. the operation of the swing span. specially designed for the UN applies to 9A991.a ...... Rwanda. DATES: This deviation is effective from ‘‘development’’ or ‘‘production’’ of 7 a.m. through 3 p.m. on December 9, equipment controlled by 6A002.a.1.c, * * * * * 2002. 6A008.1.3 or 6B008; or 9D018 ‘‘Software’’ for the ‘‘use’’ of ADDRESSES: Materials referred to in this (4) Exports or reexports to Rwanda. equipment controlled by 9A018. document are available for inspection or * * * * * License Requirements copying at the office of the Eighth Coast Guard District, Bridge Administration 16. In Category 8—Marine, Export Reason for Control: NS, RS, AT, UN. Control Classification Number (ECCN) Branch, Hale Boggs Federal Building, 8A018 is amended by revising the Control(s) Country chart room 1313, 501 Magazine Street, New ‘‘License Requirements’’ section and the Orleans, Louisiana 70130–3396 between ‘‘License Exceptions’’ section to read as NS applies to entire entry .... NS Column 1. 7 a.m. and 3 p.m., Monday through follows: RS applies to 9A018.a and RS Column 2. Friday, except Federal holidays. The 8A018 Items on the International .b. Bridge Administration Branch of the Munitions List. AT applies to entire entry ..... AT Column 1. Eighth Coast Guard District maintains UN applies to entire entry .... Rwanda. the public docket for this temporary License Requirements deviation. * * * * * Reason for Control: NS, AT, UN. FOR FURTHER INFORMATION CONTACT: 9E018 ‘‘Technology’’ for the Kay Wade, Bridge Administration Branch, Control(s) Country chart ‘‘development’’, ‘‘production’’, or ‘‘use’’ of equipment controlled by 9A018. telephone (504) 589–2965. NS applies to entire entry .... NS Column 1. License Requirements SUPPLEMENTARY INFORMATION: CSX AT applies to entire entry ..... AT Column 1. Reason for Control: NS, RS, AT, UN. Transportation has requested a UN applies to entire entry .... Rwanda. temporary deviation in order to lift the Control(s) Country chart girder off the pivot pedestal in order to License Exceptions remove the worn disc and install a new NS applies to entire entry .... NS Column 1. LVS: $5000, except N/A for Rwanda disc that affect the opening and closing RS applies to 9A018.a and RS Column 2. of the swing span bridge across Three GBS: N/A .b. CIV: N/A Mile Creek at mile 0.3 at Mobile, AT applies to entire entry ..... AT Column 1. Baldwin County, Alabama. This 17. In Category 9—Propulsion UN applies to entire entry .... Rwanda. Systems, Space Vehicles and Related maintenance is essential for the continued operation of the bridge and is Equipment, the following Export * * * * * expected to eliminate frequent Control Classification Number (ECCNs) Dated: November 8, 2002. are amended: breakdowns resulting in emergency a. By revising the ‘‘License James J. Jochum, bridge closures. This temporary Requirements’’ section and ‘‘License Assistant Secretary for Export deviation will allow the bridge to Exceptions’’ section for ECCN 9A018; Administration. remain in the closed-to-navigation and [FR Doc. 02–29222 Filed 11–22–02; 8:45 am] position from 7 a.m. through 6 p.m. on b. By revising the ‘‘License BILLING CODE 3410–33–P Monday, December 9, 2002. Requirements’’ section for ECCNs The swing span bridge has a vertical 9A991, 9D018 and 9E018, to read as clearance of 10 feet above mean high follows: DEPARTMENT OF TRANSPORTATION water and 12 feet above mean low water 9A018 Equipment on the in the closed-to-navigation position. International Munitions List. Coast Guard Navigation on the waterway is primarily commercial, consisting of tugs with License Requirements 33 CFR Part 117 tows and fishing vessels. There is no recreational boat traffic at the bridge Reason for Control: NS, RS, AT, UN. [CGD08–02–040] site. The only known commercial users Control(s) Country chart Drawbridge Operation Regulations; of the waterway, D.R. Jordan Pile Driving, Inc. and Mobile Ship Yard, NS applies to entire entry .... NS Column 1. Three Mile Creek, Mobile, Baldwin County, AL were both contacted and have no RS applies to 9A018.a and b RS Column 2. objection to the closure. The bridge AT applies to entire entry ..... AT Column 1. AGENCY: Coast Guard, DOT. UN applies to entire entry .... Rwanda. normally opens to pass navigation on an ACTION: Notice of temporary deviation average of 3 times per day. In accordance with 33 CFR 117.5, the draw License Exceptions from regulations. of the bridge opens on signal. The LVS: $1500, except N/A for Rwanda SUMMARY: The Commander, Eighth bridge will not be able to open for GBS: N/A Coast Guard District, has issued a emergencies during the closure period. CIV: N/A temporary deviation from the regulation No alternate routes are available. * * * * * governing the operation of the CSX In accordance with 33 CFR 117.35(c), 9A991 ‘‘Aircraft’’, n.e.s., and gas Transportation Railroad Swing Span this work will be performed with all due turbine engines not controlled by 9A001 Bridge across Three Mile Creek, mile speed in order to return the bridge to or 9A101 and parts and components, 0.3, at Mobile, Baldwin County, AL. normal operation as soon as possible. n.e.s. This deviation allows the bridge to This deviation from the operating

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regulations is authorized under 33 CFR mile 36.4 near Lake Charles, Calcasieu across the Calcasieu River, mile 36.4, at 117.35. Parish, Louisiana, where a trade of Lake Charles, Calcasieu Parish, LA. This Dated: November 15, 2002. components will take place. The swing deviation allows the bridge to remain closed to navigation from December 7, Marcus Redford, span pivot casting will be removed from the bridge at Echo for reconditioning 2002, through December 16, 2002. The Bridge Administrator. and placement of new lenses on the deviation is necessary to remove the [FR Doc. 02–29909 Filed 11–22–02; 8:45 am] bridge at Lake Charles. This temporary swing span pivot casting for placement BILLING CODE 4910–15–P deviation will allow the bridge to of new lenses, resetting of reconditioned remain in the closed-to-navigation circular tracks and reconditioned position from 7 a.m. on Tuesday, balance wheels that affect the operation DEPARTMENT OF TRANSPORTATION December 3, 2002, through 6 p.m. on of the swing span. Coast Guard Monday, December 16, 2002. DATES: This deviation is effective from The swing span bridge has a vertical 7 a.m. on December 7, 2002, through 6 33 CFR Part 117 clearance of 5.28 feet above 2 percent p.m. on December 16, 2002. flow line, elevation 9.6 feet Mean Sea ADDRESSES: Materials referred to in this [CGD08–02–037] Level in the closed-to-navigation document are available for inspection or position. Navigation on the waterway copying at the office of the Eighth Coast Drawbridge Operation Regulations; consists of recreational boats only that Guard District, Bridge Administration Sabine River, Echo, Orange County, TX launch from boat ramps upstream of the Branch, Hale Boggs Federal Building, AGENCY: Coast Guard, DOT. bridge. There is no commercial traffic at room 1313, 501 Magazine Street, New the bridge site. Recreational boat traffic Orleans, Louisiana 70130–3396 between ACTION: Notice of temporary deviation is not a concern since recreational from regulations. 7 a.m. and 3 p.m., Monday through boating is minimal during the month of Friday, except Federal holidays. The SUMMARY: The Commander, Eighth December and most recreational vessels Bridge Administration Branch of the Coast Guard District, has issued a can pass under the bridge while it is in Eighth Coast Guard District maintains temporary deviation from the regulation the closed-to-navigation position. The the public docket for this temporary governing the operation of the Union bridge normally opens to pass deviation. Pacific Railroad Swing Span Bridge navigation on an average of four times FOR FURTHER INFORMATION CONTACT: Kay across the Sabine River, mile 19.3, at per year. In accordance with 33 CFR Wade, Bridge Administration Branch, Echo, Orange County, TX. This 117.493, the draw of the bridge opens telephone (504) 589–2965. on signal if at least 24 hours notice is deviation allows the bridge to remain SUPPLEMENTARY INFORMATION: The Union closed to navigation from December 3, given. The bridge will not be able to Pacific Railroad has requested a 2002, through December 16, 2002. The open for emergencies during the closure temporary deviation in order to remove deviation is necessary for bridge period. No alternate routes are available. and replace the pivot casting with maintenance in order to continue safe In accordance with 33 CFR 117.35(c), reconditioned pivot casting and new operation of the swing span. this work will be performed with all due lenses that affect the opening and DATES: This deviation is effective from speed in order to return the bridge to closing of the swing span bridge across 7 a.m. on December 3, 2002, through 6 normal operation as soon as possible. the Calcasieu River at mile 36.4 near p.m. on December 16, 2002. This deviation from the operating Lake Charles, Calcasieu Parish, regulations is authorized under 33 CFR Louisiana. This maintenance is essential ADDRESSES: Materials referred to in this 117.35. document are available for inspection or for the continued operation of the bridge copying at the office of the Eighth Coast Dated: November 15, 2002. and is being performed in conjunction Guard District, Bridge Administration Marcus Redford, with maintenance operations on the Branch, Hale Boggs Federal Building, Bridge Administrator. Union Pacific Railroad swing span room 1313, 501 Magazine Street, New [FR Doc. 02–29908 Filed 11–22–02; 8:45 am] bridge across the Sabine River at mile 19.3 near Echo, Orange County, Texas. Orleans, Louisiana 70130–3396 between BILLING CODE 4910–15–P 7 a.m. and 3 p.m., Monday through Parts from the bridge at Echo will be Friday, except Federal holidays. The removed, reconditioned and placed on Bridge Administration Branch of the DEPARTMENT OF TRANSPORTATION the bridge at Lake Charles. This Eighth Coast Guard District maintains temporary deviation will allow the the public docket for this temporary Coast Guard bridge to remain in the closed-to- deviation. navigation position from 7 a.m. on 33 CFR Part 117 Saturday, December 7, 2002, through 6 FOR FURTHER INFORMATION CONTACT: Kay p.m. on Monday, December 16, 2002. Wade, Bridge Administration Branch, [CGD08–02–038] The swing span bridge has a vertical telephone (504) 589–2965. Drawbridge Operation Regulations; clearance of 1.07 feet above mean high SUPPLEMENTARY INFORMATION: The Union Calcasieu River, Lake Charles, water, elevation 3.56 feet Mean Gulf Pacific Railroad has requested a Calcasieu Parish, LA Level in the closed-to-navigation temporary deviation in order to remove position. Navigation on the waterway and replace the pivot casting and lenses AGENCY: Coast Guard, DOT. consists primarily of tugs with tows. that affect the opening and closing of ACTION: Notice of temporary deviation There is very little commercial traffic at the swing span bridge across the Sabine from regulations. the bridge site. There are only three River at mile 19.3 near Echo, Orange companies that transit above the bridge County, Texas. This maintenance is SUMMARY: The Commander, Eighth with barges. All three companies were essential in order to minimize the Coast Guard District, has issued a contacted and have no objection to the outage time for maintenance operations temporary deviation from the regulation 10 day closure. Recreational boat traffic on the Union Pacific Railroad swing governing the operation of the Union is not a concern since recreational span bridge across the Calcasieu River at Pacific Railroad Swing Span Bridge boating is minimal during the month of

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December. The bridge normally opens to FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION pass navigation on an average of five David Frank, Bridge Administration times per day. In accordance with 33 Branch, telephone (504) 589–2965. Coast Guard CFR 117.5, the draw of the bridge opens on signal. The bridge will not be able to SUPPLEMENTARY INFORMATION: The Board 33 CFR Part 117 of Commissioners of the Port of New open for emergencies during the closure [CGD05–02–014] period. No alternate routes are available. Orleans has requested a temporary In accordance with 33 CFR 117.35(c), deviation in order to replace the RIN 2115–AE47 this work will be performed with all due lakeside lower forward roller assembly speed in order to return the bridge to for the operating strut guide of the Drawbridge Operation Regulation; normal operation as soon as possible. bridge. These repairs are necessary for Northeast Cape Fear River, This deviation from the operating the continued operation of the bridge. Wilmington, NC regulations is authorized under 33 CFR This deviation allows the draw of the St. AGENCY: Coast Guard, DOT. 117.35. Claude Avenue bascule bridge across ACTION: Final rule. Dated: November 15, 2002. the Inner Harbor Navigation Canal, mile SUMMARY: Marcus Redford, 0.5 (GIWW mile 6.2 East of Harvey The Coast Guard is changing the regulations that govern the operation Bridge Administrator. Lock), to remain closed to navigation from 6:45 a.m. until 6:45 p.m. on of the Isabel S. Holmes Bridge across the [FR Doc. 02–29907 Filed 11–22–02; 8:45 am] Wednesday, December 4, 2002. Northeast Cape Fear River, mile 1.0, in BILLING CODE 4910–15–P Wilmington, North Carolina. The final The bascule bridge has a vertical rule will reduce the number of bridge clearance of 1 foot above high water in openings for transit of pleasure craft DEPARTMENT OF TRANSPORTATION the closed-to-navigation position. during a four-year bridge repair project. Navigation on the waterway consists Coast Guard This change will reduce traffic delays mainly of tugs with tows and some while still providing for the reasonable ships. The bridge normally opens to 33 CFR Part 117 needs of navigation. In addition, an pass navigation an average of eight administrative correction is being made [CGD08–02–039] times during the deviation period. In to the name of the waterway. The accordance with 33 CFR 117.458(a), the ‘‘Northeast River’’ is being changed to Drawbridge Operating Regulations; draw of the bridge opens on signal; the ‘‘Northeast Cape Fear River’’. Inner Harbor Navigation Canal, New except that, from 6:45 a.m. to 8:30 a.m. Orleans, LA DATES: This rule is effective December and from 4:45 p.m. to 6:45 p.m., 26, 2002. AGENCY: Coast Guard, DOT. Monday through Friday, except federal ADDRESSES: Comments and material ACTION: Notice of temporary deviation holidays, the draw need not open for the received from the public, as well as from regulations. passage of vessels. Normally, the draw documents indicated in this preamble as is required to open at any time for a available in the docket, are part of SUMMARY: The Commander, Eighth vessel in distress. However, the bridge docket CGD05–02–014 and are available Coast Guard District has issued a will not be able to open for emergencies for inspection or copying at Commander temporary deviation from the regulation during the closure period. An alternate (Aowb), Fifth Coast Guard District, governing the operation of the SR 46 (St. route is available to mariners by Federal Building, 4th Floor, 431 Claude Avenue) bridge across the Inner proceeding down the Mississippi River Crawford Street, Portsmouth, Virginia Harbor Navigation Canal, mile 0.5 to Venice, Louisiana, crossing the 23704–5004 between 8 a.m. and 4 p.m., (GIWW mile 6.2 East of Harvey Lock) in Breton Sound and proceeding up the Monday through Friday, except Federal New Orleans, Orleans Parish, Louisiana. Mississippi River Gulf Outlet. holidays. This deviation allows the bridge to FOR FURTHER INFORMATION CONTACT: Ann remain closed to navigation from 6:45 In accordance with 33 CFR 117.35(c), B. Deaton, Bridge Administrator, Fifth a.m. until 6:45 p.m. on Wednesday, this work will be performed with all due Coast Guard District, at (757) 398–6222. December 4, 2002. This temporary speed in order to return the bridge to deviation is necessary to allow for the normal operation as soon as possible. SUPPLEMENTARY INFORMATION: replacement of the lakeside lower This deviation from the operating Regulatory Information forward roller assembly for the regulations is authorized under 33 CFR On May 30, 2002, we published a operating strut guide of the bridge. 117.35. notice of proposed rulemaking (NPRM) DATES: This deviation is effective from Dated: November 15, 2002. entitled ‘‘Drawbridge Operation 6:45 a.m. until 6:45 p.m. on Wednesday, Marcus Redford, Regulations; Northeast Cape Fear River, December 4, 2002. Bridge Administrator. Wilmington, North Carolina’’ in the ADDRESSES: Materials referred to in this Federal Register (67 FR 37746). We [FR Doc. 02–29906 Filed 11–22–02; 8:45 am] document are available for inspection or received one letter commenting on the copying at the office of the Eighth Coast BILLING CODE 4910–15–P proposed rule. No public hearing was Guard District, Bridge Administration requested, and none was held. Branch, Hale Boggs Federal Building, room 1313, 501 Magazine Street, New Background and Purpose Orleans, Louisiana 70130–3396 between The Isabel S. Holmes Drawbridge is 7 a.m. and 3 p.m., Monday through owned and operated by the North Friday, except Federal holidays. The Carolina Department of Transportation Bridge Administration Branch of the (NCDOT). The regulation in 33 CFR Eighth Coast Guard District maintains 117.5 requires the bridge to open the public docket for this temporary promptly and fully once a request to deviation. open is received. When the bridge is

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closed there is 40 feet of vertical Discussion of Comments and Changes can better evaluate its effects on them clearance. The Coast Guard received one letter and participate in the rulemaking. In The Isabel S. Holmes Bridge crosses on the NPRM. This letter stated they our notice of proposed rule making we the Northeast Cape Fear River. It makes had no objection to the proposed rule, provided a point of contact to small connections with Route 133 and the therefore, no changes were made to the entities, who could answer questions US–17 corridor, which supports the final rule. concerning proposed provisions or options for compliance. general north/south flow of traffic Regulatory Evaluation through the region. The bridge is one of Collection of Information two river crossings under high vehicular This final rule is not a ‘‘significant use in the region. According to figures regulatory action’’ under section 3(f) of This rule calls for no new collection from 1999, approximately 19,000 Executive Order 12866, Regulatory of information under the Paperwork vehicles pass over the bridge every day. Planning and Review, and does not Reduction Act of 1995 (44 U.S.C. 3501– Between 1999 and the present, an require an assessment of potential costs 3520). and benefits under section 6(a)(3) of that average of 12 pleasure craft per month Federalism transited the area and required bridge Order. The Office of Management and Budget has not reviewed it under that openings between the hours of 6 a.m. A rule has implications for federalism Order. It is not ‘‘significant’’ under the and 6 p.m. Motorists did not have an under Executive Order 13132, regulatory policies and procedures of alternate route when traveling this Federalism, if it has a substantial direct the Department of Transportation stretch of highway unless they drove effect on State or local governments and (DOT)(44 FR 11040, February 26, l979). could either preempt State law or several traffic congested miles. Boaters We expect the economic impact of impose a substantial direct cost of did not have an alternate route to transit this final rule to be so minimal that a compliance on them. We have analyzed this waterway when the drawbridge was full Regulatory Evaluation under this rule under that Order and have closed. paragraph 10e of the regulatory policies determined that it does not have NCDOT requested permission to and procedures of DOT is unnecessary. implications for federalism. decrease the number of openings for We reached this conclusion based on pleasure craft to avoid excessive/ the fact that these changes will not Unfunded Mandates Reform Act hazardous traffic back-ups during impede maritime traffic transiting the repairs. NCDOT proposed an inter- bridge, but merely require mariners to The Unfunded Mandates Reform Act modal compromise that will limit the plan their transits in accordance with of 1995 (2 U.S.C. 1531–1538) requires times of draw openings during hours of the scheduled bridge openings, while Federal agencies to assess the effects of bridge repair. NCDOT asserts that by still providing for the needs of the their discretionary regulatory actions. In closing the bridge to pleasure craft bridge owner. particular, the Act addresses actions that may result in the expenditure by a during daytime hours, except for two Small Entities scheduled openings per day for waiting State, local, or tribal government, in the vessels, vehicular traffic congestion will Under the Regulatory Flexibility Act aggregate, or by the private sector of be reduced and highway safety will be (5 U.S.C. 601–612), we have considered $100,000,000 or more in any one year. enhanced. NCDOT provided statistical whether this final rule will have a Though this final rule will not result in data, which supports the traffic counts significant economic impact on a such expenditure, we do discuss the for a two-way four-lane bridge being substantial number of small entities. effects of this rule elsewhere in this changed to a two-way two-lane bridge. The term ‘‘small entities’’ comprises preamble. small businesses, not-for-profit The data also revealed that the draw Taking of Private Property was opened an average of 12 times/ organizations that are independently month for pleasure craft, between the owned and operated and are not This final rule will not affect a taking hours of 6 a.m. and 6 p.m. The Coast dominant in their fields, and of private property or otherwise have Guard considered restricting all governmental jurisdictions with taking implications under Executive navigation but chose not to, due to the populations of less than 50,000. Order 12630, Governmental Actions and safety concerns of restricting The Coast Guard certifies under 5 Interference with Constitutionally commercial vessels with hazardous U.S.C. 605(b) that this final rule will not Protected Property Rights. have a significant economic impact on cargoes. The Coast Guard believes that Civil Justice Reform closure during the proposed time a substantial number of small entities. This final rule will not have a periods will not overburden recreational significant economic impact on a This final rule meets applicable marine traffic while allowing the substantial number of small entities standards in sections 3(a) and 3(b)(2) of continued use of two lanes for the two- because the regulation does not restrict Executive Order 12988, Civil Justice way flow of vehicular traffic. the movement of commercial Reform, to minimize litigation, This final rule will revise 33 CFR navigation, but only restricts the eliminate ambiguity, and reduce 117.829, which regulates the scheduled movement of pleasure craft (approx. 12 burden. openings of the Seaboard System openings each month). In addition, to Protection of Children Railroad Bridge across Northeast Cape avoid any potential restriction to Fear River at mile 27.0. The previous navigation, maritime advisories will be We have analyzed this final rule regulatory text contains no paragraph widely available to users of the river. under Executive Order 13045, designation. The regulatory text Protection of Children from describes the ‘‘Northeast River,’’ and Assistance for Small Entities Environmental Health Risks and Safety this section is incorrectly titled the Under section 213(a) of the Small Risks. This rule is not an economically ‘‘Northeast River.’’ This final rule Business Regulatory Enforcement significant rule and does not create an corrects the river name and includes the Fairness Act of 1996 (Public Law 104– environmental risk to health or risk to Isabel S. Holmes Bridge in the same 121), we offered to assist small entities safety that may disproportionately affect section. in understanding the rule so that they children.

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Indian Tribal Governments (1) The draw will be closed to Section 553 of the Administrative This final rule does not have tribal pleasure craft from 6 a.m. to 6 p.m. Procedure Act, 5 U.S.C. 553(b)(B), implications under Executive Order every day except at 10 a.m. and 2 p.m. provides that, when an agency for good 13175, Consultation and Coordination when the draw will open for all waiting cause finds that notice and public with Indian Tribal Governments, vessels. procedure are impracticable, because it would not have a substantial (2) The draw will open on signal for unnecessary or contrary to the public direct effect on one or more Indian Government and commercial vessels at interest, the agency may issue a rule tribes, on the relationship between the all times. without providing notice and an Federal Government and Indian tribes, (3) The draw will open for all vessels opportunity for public comment. We or on the distribution of power and on signal from 6 p.m. to 6 a.m. have determined that there is good (b) The draw of the Seaboard System responsibilities between the Federal cause for making today’s rule final Railroad Bridge across the Northeast Government and Indian tribes. without prior proposal and opportunity Cape Fear River, mile 27.0, at Castle for comment because we are merely Energy Effects Hayne, North Carolina shall open on correcting incorrect text in previous We have analyzed this final rule signal if at least 4 hours notice is given. rulemakings. Thus, notice and public under Executive Order 13211, Actions Dated: November 12, 2002. procedure are unnecessary. We find that Concerning Regulations That James D. Hull, this constitutes good cause under 5 U.S.C. 553(b)(B). Significantly Affect Energy Supply, Vice Admiral, U.S. Coast Guard, Commander, Distribution, or Use. We have Fifth Coast Guard District. I. Correction determined that it is not a ‘‘significant [FR Doc. 02–29905 Filed 11–22–02; 8:45 am] When we approved the East Helena energy action’’ under that order because BILLING CODE 4910–15–P it is not a ‘‘significant regulatory action’’ Sulfur Dioxide (SO2) State under Executive Order 12866 and is not Implementation Plan (SIP) on January 27, 1995 (60 FR 5313) (codified at 40 likely to have a significant adverse effect ENVIRONMENTAL PROTECTION on the supply, distribution, or use of CFR 52.1370(c)(37)), we should have AGENCY indicated that our September 19, 1975 energy. It has not been designated by the (40 FR 43216) (currently codified at 40 Administrator of the Office of 40 CFR Part 52 CFR 52.1370(c)(5)), approval of the East Information and Regulatory Affairs as a Helena SO SIP was superceded and significant energy action. Therefore, it [SIP No. MT23–1–6402; FRL–7412–2] 2 that effective after November 15, 1995, does not require a Statement of Energy Approval and Promulgation of Air our May 1, 1984 (49 FR 18482) (codified Effects under Executive Order 13211. Quality Implementation Plans; at 40 CFR 52.1370(c)(16)), approval of a Environment Montana; State Implementation Plan revision to the East Helena SO2 SIP was We have considered the Correction terminated. The Board Order issued on March 18, 1994, by the Montana Board environmental impact of this final rule AGENCY: Environmental Protection of Health and Environmental Sciences, and concluded that, under figure 2–1, Agency (EPA). and incorporated by reference at 40 CFR paragraph (32)(e), of Commandant ACTION: Final rule; technical correction. Instruction M16475.lD, this rule is 52.1370(c)(37)(i)(B), indicates that the categorically excluded from further SUMMARY: On September 19, 1975, we SIP supercedes all requirements environmental documentation. The final approved the East Helena Sulfur contained in the existing provisions of the SIP relating to sulfur dioxide in East rule only involves the operation of an Dioxide (SO2) State Implementation existing drawbridge and will not have Plan (SIP). Additionally, on May 1, Helena * * * except the provisions that any impact on the environment. A 1984, we approved revisions to the East relate to catalyst screening which terminated effective after November 15, ‘‘Categorical Exclusion Determination’’ Helena SO2 SIP. Finally, on January 27, is available in the docket where 1995, we approved additional revisions 1995. We approved the East Helena SO2 SIP on January 27, 1995, that contained indicated under ADDRESSES. to the East Helena SO2 SIP. The East an attainment demonstration and a Helena SO2 SIP approved on January 27, List of Subjects in 33 CFR Part 117 control strategy for the primary SO2 1995, superceded the East Helena SO2 Bridges. SIP approved on September 19, 1975, NAAQS. Therefore, pursuant to section 110(k)(6) of the Clean Air Act, we are For reasons discussed in the and terminated the East Helena SO2 SIP preamble, the Coast Guard amends 33 approved on May 1, 1984. However, clarifying 40 CFR 52.1370(c)(37) to CFR Part 117 as follows: when we approved the SIP revision on indicate that the East Helena SO2 SIP January 27, 1995, we did not indicate revision submitted on March 30, 1994, PART 117—DRAWBRIDGE that it superceded and terminated supercedes the East Helena SO2 SIP OPERATION REGULATIONS earlier SIP approvals. EPA is making a approved in paragraph (c)(5) and, effective after November 15, 1995, 1. The authority citation for part 117 correction to the regulatory language to terminates the East Helena SO2 SIP continues to read as follows: clarify that the earlier East Helena SO2 SIP revisions have been superceded or approved in paragraph (c)(16). Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05–1(g); Section 117.255 also issued terminated by the East Helena SO2 SIP II. Administrative Requirements under authority of Pub. L. 102–587, 106 Stat. approved on January 27, 1995. Under Executive Order 12866 (58 FR 5039. DATES: This rule is effective on 51735, October 4, 1993), this action is December 26, 2002. 2. Section 117.829 is revised to read not a ‘‘significant regulatory action’’ and FOR FURTHER INFORMATION CONTACT: as follows: is therefore not subject to review by the Laurie Ostrand, EPA, Region 8, (303) Office of Management and Budget. This § 117.829 Northeast Cape Fear River. 312–6437 rule is not subject to Executive Order (a) The draw of the Isabel S. Holmes SUPPLEMENTARY INFORMATION: 13211, ‘‘Actions Concerning Regulations Bridge, at mile 1.0, at Wilmington, Throughout this document, wherever That Significantly Affect Energy Supply, North Carolina will operate as follows: ‘‘we’’ or ‘‘our’’ is used it means EPA. Distribution, or Use’’ (66 FR 28355, May

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22, 2001) because it is not a significant with these statutes and Executive East Helena, Montana nonattainment regulatory action under Executive Order Orders for the underlying rules are area with a letter dated March 30, 1994. 12866. Because the agency has made a discussed in the September 19, 1975, The submittal was to satisfy those SO2 ‘‘good cause’’ finding that this action is May 1, 1984, and January 27, 1995, nonattainment area SIP requirements not subject to notice-and-comment actions approving revisions to the East due for East Helena on May 15, 1992. requirements under the Administrative Helena SO2 SIP. The East Helena SO2 SIP revision Procedure Act or any other statute as The Congressional Review Act (5 submitted on March 30, 1994, indicated in the SUPPLEMENTARY U.S.C. 801 et seq.), as added by the supercedes the East Helena SO2 SIP INFORMATION section above, it is not Small Business Regulatory Enforcement approved in paragraph (c)(5) of this subject to the regulatory flexibility Fairness Act of 1996, generally provides section and, effective after November provisions of the Regulatory Flexibility that before a rule may take effect, the 15, 1995, terminates the East Helena Act (5 U.S.C 601 et seq.), or to sections agency promulgating the rule must SO2 SIP approved in paragraph (c)(16) 202 and 205 of the Unfunded Mandates submit a rule report, which includes a of this section. Reform Act of 1995 (UMRA) (Pub. L. copy of the rule, to each House of the * * * * * 104–4). In addition, this action does not Congress and to the Comptroller General significantly or uniquely affect small of the United States. Section 808 allows [FR Doc. 02–29775 Filed 11–22–02; 8:45 am] governments or impose a significant the issuing agency to make a rule BILLING CODE 6560–50–P intergovernmental mandate, as effective sooner than otherwise described in sections 203 and 204 of provided by the CRA if the agency ENVIRONMENTAL PROTECTION UMRA. This rule also does not have a makes a good cause finding that notice AGENCY substantial direct effect on one or more and public procedure is impracticable, Indian tribes, on the relationship unnecessary or contrary to the public 40 CFR Part 52 between the Federal Government and interest. This determination must be Indian tribes, or on the distribution of supported by a brief statement. 5 U.S.C. power and responsibilities between the 808(2). As stated previously, EPA has [CA 272–0376; FRL–7412–9] Federal Government and Indian tribes, made such a good cause finding, Withdrawal of Direct Final Rule as specified by Executive Order 13175 including the reasons therefore, and Revising the California State (65 FR 67249, November 9, 2000), nor established an effective date of Implementation Plan, Bay Area Air will it have substantial direct effects on December 26, 2002. EPA will submit a Quality Management District the States, on the relationship between report containing this rule and other the national government and the States, required information to the U.S. Senate, AGENCY: Environmental Protection or on the distribution of power and the U.S. House of Representatives, and Agency (EPA). responsibilities among the various the Comptroller General of the United levels of government, as specified in States prior to publication of the rule in ACTION: Withdrawal of direct final rule. Executive Order 13132 (64 FR 43255, the Federal Register. These corrections August 10, 1999). This rule also is not to the identification of plan for Montana SUMMARY: On October 7, 2002 (67 FR subject to Executive Order 13045 (62 FR is not a ‘‘major rule’’ as defined by 5 62385), EPA published a direct final 19885, April 23, 1997), because it is not U.S.C. 804(2). approval of a revision to the Bay Area economically significant. Air Quality Management District List of Subjects in 40 CFR Part 52 (BAAQMD) State Implementation Plan This technical correction action does Environmental protection, Air (SIP). This revision concerned not involve technical standards; thus pollution control, Incorporation by BAAQMD Rule 9–10, Nitrogen Oxides the requirements of section 12(d) of the reference, Intergovernmental relations, and Carbon Monoxide from Boilers, National Technology Transfer and Reporting and recordkeeping Steam Generators, and Process Heaters Advancement Act of 1995 (15 U.S.C. requirements, Sulfur oxides. in Petroleum Refineries. The direct final 272 note) do not apply. The rule also action was published without prior does not involve special consideration Dated: November 14, 2002. proposal because EPA anticipated no of environmental justice related issues Kerrigan G. Clough, adverse comment. The direct final rule as required by Executive Order 12898 Acting Regional Administrator, Region 8. stated that if adverse comments were (59 FR 7629, February 16, 1994). In 40 CFR part 52 is amended as follows: received by November 6, 2002, EPA issuing this rule, EPA has taken the would publish a timely withdrawal in necessary steps to eliminate drafting PART 52—[AMENDED] the Federal Register. EPA received errors and ambiguity, minimize 1. The authority citation for part 52 timely adverse comments and is, potential litigation, and provide a clear continues to read as follows: therefore, withdrawing the direct final legal standard for affected conduct, as approval. EPA will address the required by section 3 of Executive Order Authority: 42 U.S.C. 7401 et seq. comments in a subsequent final action 12988 (61 FR 4729, February 7, 1996). based on the parallel proposal also EPA has complied with Executive Order Subpart BB—Montana published on October 7, 2002 (67 FR 12630 (53 FR 8859, March 15, 1998) by 2. Section 52.1370 is amended by 62427). As stated in the parallel examining the takings implications of revising the introductory text of proposal, EPA will not institute a the rule in accordance with the paragraph (c)(37) to read as follows: second comment period on this action. ‘‘Attorney General’s Supplemental The interim final determination also Guidelines for the Evaluation of Risk § 52.1370 Identification of plan. published on October 7, 2002 and also and Avoidance of Unanticipated * * * * * regarding BAAQMD Rule 9–10 is not Takings’’ issued under the executive (c) * * * affected by this withdrawal. order. This rule does not impose an (37) The Governor of Montana information collection burden under the submitted a State Implementation Plan EFFECTIVE DATE: The direct final rule Paperwork Reduction Act of 1995 (44 (SIP) revision meeting the requirements published on October 7, 2002, is U.S.C. 3501 et seq.). EPA’s compliance for the primary SO2 NAAQS SIP for the withdrawn as of November 25, 2002.

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FOR FURTHER INFORMATION CONTACT: Washington, DC, 20554, telephone 202– effective 0001 hours, November 2, 2002, Charnjit Bhullar, EPA Region IX, (415) 863–2893, facsimile 202–863–2898, or the directed fishery for Loligo squid was 947–972–3960. via e-mail [email protected]. closed. However, the closure threshold level of Loligo harvest has not yet been List of Subjects in 40 CFR Part 52 List of Subjects in 47 CFR Part 73 attained. Therefore, NMFS announces Environmental protection, Air Digital television broadcasting, that the directed Loligo squid fishery pollution control, Intergovernmental television. will reopen. Vessels issued a Federal relations, Nitrogen dioxide, Ozone, Federal Communications Commission. moratorium permit to harvest Loligo Particulate matter, Reporting and Barbara A. Kreisman, squid in excess of the incidental catch recordkeeping requirements, Volatile Chief, Video Division, Media Bureau. allowance may resume fishing for, organic compounds. retaining and landing Loligo squid in [FR Doc. 02–29853 Filed 11–22–02; 8:45 am] Dated: November 7, 2002. excess of the incidental catch allowance BILLING CODE 6712–01–P Sally Seymour, from 0001 hours, December 2, 2002, Acting Regional Administrator, Region IX. through 0001 hours, December 12, 2002. After 0001 hours, December 12, 2002, Accordingly, the revision to 40 CFR DEPARTMENT OF COMMERCE the directed fishery for Loligo squid will 52.220, published in the Federal be closed and vessels issued Federal Register on October 7, 2002 (67 FR National Oceanic and Atmospheric permits for Loligo squid may not retain 62385), [FR Doc. 02–25297 Filed 10–4– Administration or land more than 2,500 lb (1.13 mt) of 02], which was to become effective on Loligo. Such vessels may not land more December 6, 2002, is withdrawn. 50 CFR Part 648 than 2,500 lb (1.13 mt) of Loligo during [FR Doc. 02–29884 Filed 11–22–02; 8:45 am] [Docket No. 011005244–2011–02; I.D. a calendar day. The directed fishery will BILLING CODE 6560–50–P 111902A] reopen effective 0001 hours, January 1, 2003, when the 2003 quota becomes Fisheries of the Northeastern United available. FEDERAL COMMUNICATIONS States; Atlantic Mackerel, Squid, and Classification COMMISSION Butterfish Fisheries; Reopening of Directed Fishery for Loligo Squid This action is required by 50 CFR part 47 CFR Part 73 648 and is exempt from review under AGENCY: National Marine Fisheries E.O. 12866. [DA 02–3176, MM Docket No. 00–138, RM– Service (NMFS), National Oceanic and 9896] Atmospheric Administration (NOAA), Authority: 16 U.S.C. 1801 et seq. Digital Television Broadcast Service; Commerce. Dated: November 20, 2002. Boca Raton, FL ACTION: Directed fishery reopening. Richard W. Surdi, Acting Director, Office of Sustainable AGENCY: Federal Communications SUMMARY: NMFS announces that Fisheries, National Marine Fisheries Service. Commission. commercial quota is available to allow [FR Doc. 02–29893 Filed 11–20–02; 4:26 pm] ACTION: Final rule. the directed fishery for Loligo squid to BILLING CODE 3510–22–S reopen. Vessels issued a Federal SUMMARY: The Commission, by this moratorium permit to harvest Loligo document, denies a petition for squid in excess of the incidental catch DEPARTMENT OF COMMERCE reconsideration filed by Sherjan allowance may resume landing of Loligo Broadcasting Company, Inc., of the squid effective 0001 hours, December 2, National Oceanic and Atmospheric Report and Order, which substituted 2002, through 0001 hours, December 12, Administration DTV channel *40 for station WPPB– 2002. The intent of this action is to TV’s assigned DTV channel *44 at Boca allow for the full utilization of the 50 CFR Part 648 Raton, Florida.1 With this action, this commercial quota allocated to the proceeding is terminated. Loligo squid directed fishery. [Docket No. 011109274–1301–02; I.D. 111902D] FOR FURTHER INFORMATION CONTACT: DATES: Effective 0001 hours, December Alan E. Aronowitz, Media Bureau, (202) 2, 2002, through 0001 hours, December Fisheries of the Northeastern United 418–1600. 12, 2002. States; Summer Flounder Fishery; SUPPLEMENTARY INFORMATION: This is a FOR FURTHER INFORMATION CONTACT: Paul Commercial Quota Harvested for synopsis of the Commission’s H. Jones, Fishery Policy Analyst, 978– Connecticut Memorandum Opinion and Order, MM 281–9273, fax 978–281–9135, e-mail AGENCY: National Marine Fisheries Docket No. 00–138, adopted November [email protected]. 14, 2002, and released November 20, Service (NMFS), National Oceanic and 2002. The full text of this document is SUPPLEMENTARY INFORMATION: Section Atmospheric Administration (NOAA), available for public inspection and 648.22 of part 50 CFR requires NMFS to Commerce. copying during regular business hours close the directed Loligo squid fishery ACTION: Closure; commercial quota in the FCC Reference Information in the EEZ for the remainder of the year harvested for Connecticut. Center, Portals II, 445 12th Street, SW., when 95 percent of the total annual Room CY–A257, Washington, DC. This domestic annual harvest (DAH) has SUMMARY: NMFS announces that the document may also be purchased from been harvested. The Administrator, summer flounder commercial quota the Commission’s duplicating Northeast Region, NMFS, based on available to the State of Connecticut has contractor, Qualex International, Portals dealer reports and other available been harvested. Vessels issued a II, 445 12th Street, SW., CY–B402, information, determined that 95 percent commercial Federal fisheries permit for of the total DAH for Loligo squid would the summer flounder fishery may not 1 This Report and Order was not published in the be harvested by November 2, 2002 (67 land summer flounder in Connecticut Federal Register. FR 66072, October 30, 2002). Therefore, for the remainder of calendar year 2002,

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unless additional quota becomes flounder commercial Federal fisheries Fishery Management Council under available through a transfer. Regulations permits are prohibited for the remainder authority of the Magnuson-Stevens governing the summer flounder fishery of the 2002 calendar year, unless Fishery Conservation and Management require publication of this notification additional quota becomes available Act. Regulations governing fishing by to advise the State of Connecticut that through a transfer and is announced in U.S. vessels in accordance with the FMP the quota has been harvested and to the Federal Register. Effective 0001 appear at subpart H of 50 CFR part 600 advise vessel permit holders and dealer hours, November 20, 2002, federally and 50 CFR part 679. permit holders that no commercial permitted dealers are also notified that On October 2, 2002 (67 FR 61826), the quota is available for landing summer they may not purchase summer flounder harvest specifications for Pacific cod flounder in Connecticut. from federally permitted vessels that established by the emergency rule DATES: Effective 0001 hours, November land in Connecticut for the remainder of implementing 2002 harvest 20, 2002, through 2400 hours, December the calendar year, or until additional specifications and associated 31, 2002. quota becomes available through a management measures for the groundfish fisheries off Alaska (67 FR FOR FURTHER INFORMATION CONTACT: transfer. 956, January 8, 2002 and 67 FR 34860, Jason Blackburn, Fishery Management Classification May 16, 2002) were revised as follows: Specialist, (978) 281–9326. This action is required by 50 CFR part 300 mt to vessels using jig gear, 81,920 SUPPLEMENTARY INFORMATION: 648 and is exempt from review under mt to catcher processor vessels using Regulations governing the summer Executive Order 12866. hook-and-line gear, 482 mt to catcher flounder fishery are found at 50 CFR Authority: 16 U.S.C. 1801 et seq. vessels using hook-and-line gear, 17,535 part 648. The regulations require annual mt to vessels using pot gear, 40,475 mt specification of a commercial quota that Dated: November 20, 2002. to trawl catcher/processors, and 42,475 is apportioned on a percentage basis Richard W. Surdi, mt to trawl catcher vessels. among the coastal states from North Acting Director, Office of Sustainable As of November 8, 2002, the Carolina through Maine. The process to Fisheries, National Marine Fisheries Service. Administrator, Alaska Region, NMFS set the annual commercial quota and the [FR Doc. 02–29892 Filed 11–20–02; 4:26 pm] (Regional Administrator), has percent allocated to each state is BILLING CODE 3510–22–S determined that trawl catcher/ described in § 648.100. processors will not be able to harvest The initial total commercial quota for 3,500 mt and trawl catcher vessels will summer flounder for the 2002 calendar DEPARTMENT OF COMMERCE not be able to harvest 1,000 mt of Pacific year was set equal to 14,578,288 lb cod allocated to those vessels under (6,612,600 kg)(66 FR 66348, December National Oceanic and Atmospheric § 679.20(a)(7)(i)(B). Therefore, in 26, 2001). The percent allocated to Administration accordance with § 679.20(a)(7)(ii)(C), vessels landing summer flounder in NMFS apportions 4,500 mt of Pacific Connecticut is 2.25708 percent, 50 CFR Part 679 cod from trawl gear to catcher/processor resulting in a commercial quota of [Docket No. 011218304–1304–01; I.D. vessels using hook-and-line gear. 329,044 lb (149,258 kg). The 2002 111802A] The Regional Administrator allocation was not adjusted because determined that vessels using pot gear there was no overage of the 2001 quota, Fisheries of the Exclusive Economic will not be able to harvest 3,500 of their as of October 31, 2001. Zone Off Alaska; Reallocation of Pacific cod allocation by the end of the Section 648.101(b) requires the Pacific Cod in the Bering Sea and year. Therefore, in accordance with Administrator, Northeast Region, NMFS Aleutian Islands Management Area §679.20(a)(7)(ii)(C), NMFS is (Regional Administrator) to monitor reallocating the unused amount of 3,500 state commercial quotas and to AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and mt of Pacific cod allocated to vessels determine when a state’s commercial using pot gear to catcher/processor quota is harvested. NMFS then Atmospheric Administration (NOAA), Commerce. vessels using hook-and-line gear. publishes a notification in the Federal The harvest specifications for Pacific Register to advise the state and to notify ACTION: Reallocation. cod established by the emergency rule Federal vessel and dealer permit holders SUMMARY: NMFS is reallocating the implementing 2002 harvest that, effective upon a specific date, the projected unused amount of Pacific cod specifications and associated state’s commercial quota has been from vessels using pot and trawl gear to management measures for the harvested and no commercial quota is catcher/processor vessels using hook- groundfish fisheries off Alaska (67 FR available for landing summer flounder and-line gear in the BSAI. These actions 956, January 8, 2002, and 67 FR 34860, in that state. The Regional are necessary to allow the 2002 total May 16, 2002) and the reallocation of Administrator has determined, based allowable catch (TAC) of Pacific cod to Pacific cod in the Bering Sea and upon dealer reports and other available be harvested. Aleutian Islands management area (67 information, that the State of DATES: Effective November 20, 2002, FR 61826, October 2, 2002) are revised Connecticut has attained its quota for until 2400 hours, A.l.t., December 31, as follows: 89,920 mt to catcher 2002. 2002. processor vessels using hook-and-line The regulations at § 648.4(b) provide gear, 14,035 mt to pot gear, 36,975 mt that Federal permit holders agree as a FOR FURTHER INFORMATION CONTACT: to trawl catcher/processors, and 41,475 condition of the permit not to land Andrew Smoker, 907–586–7228. mt to trawl catcher vessels. summer flounder in any state that the SUPPLEMENTARY INFORMATION: NMFS Regional Administrator has determined manages the groundfish fishery in the Classification no longer has commercial quota BSAI exclusive economic zone This action responds to the best available. Therefore, effective 0001 according to the Fishery Management available information recently obtained hours, November 20, 2002, further Plan for the Groundfish Fishery of the from the fishery. The Assistant landings of summer flounder in Bering Sea and Aleutian Islands Area Administrator for Fisheries, NOAA, Connecticut by vessels holding summer (FMP) prepared by the North Pacific finds good cause to waive the

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requirement to provide prior notice and therefore reduce the public’s ability to This action is taken under 50 CFR opportunity for public comment use the fishery resource. 679.20 and is exempt from OMB review pursuant to the authority set forth at 5 The Assistant Administrator for under Executive Order 12866. U.S.C. 553(b)(B) as such requirement is Fisheries, NOAA, also finds good cause Authority: 16 U.S.C. 1801 et seq. contrary to the public interest. This to waive the 30–day delay in the Dated: November 19, 2002. requirement is contrary to the public effective date of this action under 5 Richard W. Surdi, interest as it would delay the U.S.C. 553(d)(3). This finding is based implementation of these measures in a Acting Director, Office of Sustainable upon the reasons provided above for Fisheries, National Marine Fisheries Service. timely fashion in order to allow full waiver of prior notice and opportunity [FR Doc. 02–29891 Filed 11–20–02; 4:27 pm] utilization of the Pacific cod TAC, and for public comment. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 67, No. 227

Monday, November 25, 2002

This section of the FEDERAL REGISTER Regulatory Flexibility Act Regional Office of the Executive agency. contains notices to the public of the proposed I certify that these regulations will not Where an Executive agency maintains issuance of rules and regulations. The facilities of more than one bureau or purpose of these notices is to give interested have a significant economic impact on a substantial number of small entities other subdivision within the persons an opportunity to participate in the metropolitan area, and where the heads rule making prior to the adoption of the final because the effects are limited primarily rules. to federal employees and other entities of those facilities are in separate chains doing business with OPM. of command within the Executive agency, then the a may have more than OFFICE OF PERSONNEL Executive Order 12866, Regulatory one principal area officer. MANAGEMENT Review The term principal regional officer This rule has been reviewed by the means, with respect to an Executive 5 CFR Part 960 Office of Management and Budget in agency, the senior official in a Regional accordance with Executive Order 12866. Office of the Executive agency. RIN 3206–AJ68 The term special representative List of Subjects in 5 CFR Part 960 means, with respect to an Executive Federal Executive Boards Organization and functions agency, an official who is not subject to (Government agencies). the supervision of a principal regional AGENCY: Office of Personnel Office of Personnel Management. officer or a principal area officer and Management. who is specifically designated by the Kay Coles James, ACTION: Proposed rule. head of the Executive agency to serve as Director. the personal representative of the head Accordingly, OPM is proposing to SUMMARY: The Office of Personnel of the Executive agency. revise part 960 of title 5 of the Code of Management (OPM) is proposing to Federal Regulations as follows: § 960.102 What is the authority and status revise its regulations governing Federal for Federal Executive Boards? Executive Boards. The proposed PART 960—FEDERAL EXECUTIVE Federal Executive Boards are regulations are intended to make the BOARDS regulations concerning the Boards established by direction of the President consistent with the current OPM Sec. in order to strengthen the management structure and not to make substantive 960.101 Definitions. and administration of Executive Branch changes. 960.102 What is the authority and status for activities in selected centers of field Federal Executive Boards? operations. Federal Executive Boards DATES: Comments must be submitted on 960.103 Where are Federal Executive are organized and function under the or before January 24, 2003. Boards located? authority of the Director. 960.104 Who are members of Federal ADDRESSES: Send or deliver written Executive Boards? § 960.103 Where are Federal Executive comments to Paula L. Bridgham, 960.105 How are Federal Executive Boards Boards located? Director for Federal Executive Board organized? There are Federal Executive Boards in Operations U.S. Office of Personnel 960.106 What is the Office of Personnel the following metropolitan areas: Management’s leadership role? Management, Room 5524, 1900 E Street, Albuquerque-Santa Fe, Atlanta, NW, Washington, DC 20415: (FAX: 960.107 What are the authorized activities of Federal Executive Boards? Baltimore, Boston, Buffalo, Chicago, (202) 606–3350 or e-mail: Cincinnati, Cleveland, Dallas-Fort [email protected]). 960.108 Are there additional rules and directives for Federal Executive Boards? Worth, Denver, Detroit, Honolulu, FOR FURTHER INFORMATION CONTACT: Authority: Memorandum of the President Houston, Kansas City, Los Angeles, Paula L. Bridgham, Director for Federal for Heads of Departments and Agencies Miami, Minneapolis-St. Paul, New Executive Board Operations, U.S. Office (November 10, 1961). Orleans, New York, Newark, Oklahoma of Personnel Management, (202) 606– City, Philadelphia, Pittsburgh, Portland, 1000; FAX: (202) 606–3350 or e-mail: § 960.101 Definitions. St. Louis, San Antonio, San Francisco, [email protected]. For purposes of this part: and Seattle. The Director may dissolve, The term Director means the Director merge, divide or expand any of the SUPPLEMENTARY INFORMATION: The Office of the United States Office of Personnel existing Federal Executive Boards, or of Personnel Management (OPM) is Management. establish new Federal Executive Boards. proposing to revise its current The term Executive agency means a regulations concerning Federal department, agency, or independent § 960.104 Who are members of Federal Executive Boards. The purpose of this establishment in the Executive Branch. Executive Boards? revision to part 960 is not to make The term metropolitan area means a (a) Presidential Directive. The substantive changes but, rather, to make geographic zone surrounding a major President directed the heads of agencies part 960 more readable and consistent city, as defined by the Director. to arrange for the leading officials of with current OPM structure. For The term principal area officer means, their respective agencies’ field activities example, we have deleted or revised with respect to an Executive agency, the to participate personally in the work of repetitive and duplicative sections, senor official of the Executive agency Federal Executive Boards. updated titles and locations of agency who is located in a metropolitan area (b) Members. The head of every officials, and made other simplifying and who has no superior official within Executive agency shall designate, by changes. that metropolitan area other than in the title of office, the principal regional

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officer, if any, and the principal area (e) Board Actions. A Federal § 960.107 What are the authorized officer or officers, if any, who shall Executive Board shall take actions only activities of Federal Executive Boards? represent the agency on each Federal with the approval of a majority of the (a) Each Federal Executive Board Executive Board; and by name and title members thereof. This authority may serves as an instrument of outreach for of office, the special representative, if not be delegated. All activities of a the national headquarters of the any, who shall represent the head of the Federal Executive Board shall conform Executive Branch in the metropolitan agency on each Federal Executive to applicable laws and shall reflect area. Each Federal Executive Board shall Board. Such designations shall be made prudent uses of official time and funds. consider common management and in writing and transmitted to the program problems and develop Director, and may be transmitted § 960.106 What is the Office of Personnel cooperative arrangements that promote through the Chairs of the Federal Management’s leadership role? the general objectives of the Executive Boards. Designations may be (a) Role of the Director. The Director Government and of the several amended at any time by the head of the is responsible to the President for the Executive agencies in the metropolitan Executive agency. organizational and programmatic area. Efforts of members, alternates, and (c) Alternate Members. Each member activities of the Federal Executive staff in those areas shall be made with of a Federal Executive Board may Boards. The Director shall direct and the guidance and approval of the designate an alternate member, who oversee the operations of Federal Director; within the range of the shall attend meetings and otherwise Executive Boards consistent with law delegated authority and discretion they serve in the absence of the member. An hold; within the resources available; and with the directives of the President. alternate member shall be the deputy or and consistent with the missions of the The Director may consult with the principal assistant to the member or Executive agencies involved. another senior official of the member’s Chairs, members, and staff of the (b) Each Federal Executive Board organization. Federal Executive Boards. shall: (b) Communications. The Office of (1) Provide a forum for the exchange § 960.105 How are Federal executive Personnel Management shall maintain a of information between Washington and Boards organized? channel of communication from the the field, and among field elements in (a) Bylaws. A Federal Executive Board Director through the Director for Federal the metropolitan area, about programs shall adopt bylaws or other rules for its Executive Board Operations to the and management methods and issues; internal governance, subject to the Chairs of the Federal Executive Boards. (2) Develop local coordinated approval of the Director. Such bylaws Any Executive agency may approaches to the development and and other rules may reflect the communicate with the Director and wit operation of programs that have particular needs, resources, and customs the Federal Executive Boards. Chairs of common characteristics; of each Federal Executive Board, Federal Executive Boards may (3) Communicate management provided that they are not inconsistent communicate with the Director on initiatives and other concerns from with the provisions of this part or with Washington to the field to achieve the directives of the President or the recommendations for action at the national level, on significant mutual understanding and support; and Director. To the extent that such bylaws (4) Refer problems that cannot be management problems that cannot be and other rules conflict with these solved locally to the national level. addressed at the local level, and on provisions or the directives of the (c) Subject to the guidance of the President or the Director, such bylaws other matters of interest to the Executive Director, the Federal Executive Boards and other rules shall be null and void. Branch. shall provide local leadership and (b) Chair. Each Federal Executive (c) Reports. Each Federal Executive coordination for: Board shall have a Chair, who shall be Board shall transmit to the Director an (1) Presidential initiatives on elected by the members from among annual strategic plan and an annual management reforms; personnel their number, and who shall serve for a report, signed by the Chair, describing initiatives of the Office of Personnel term of office not to exceed 1 year. the significant programs and activities Management; programs of the Office of (c) Staff. As they deem necessary, of the Federal Executive Board in each Management and Budget and the members shall designate personnel from fiscal year. Each strategic plan shall set General Services Administration; their respective organizations to serve as forth the proposed general agenda for (2) The local Combined Federal the staff or participate in the activities the succeeding fiscal year. The strategic Campaign, under the direction of the of the Federal Executive Board. Other plan shall be subject to the approval of Director; personnel may serve as staff of a Federal the Director. Each annual report shall (3) The sharing of technical Executive Board only with the approval describe and evaluate the preceding knowledge and resources in finance, of the Director. fiscal year’s activities. Annual reports internal auditing, personnel (d) Unless otherwise expressly shall be submitted on or before January management, information technology, provided by law, by directive of the 1 and annual strategic plans shall be interagency use of training and meeting President or the Director, or by the submitted on or before July 1. In facilities, and similar commonly bylaws of the Federal Executive Board, addition, members of Federal Executive beneficial activities; every committee, subcommittee, (4) The pooling of resources to Boards shall keep the headquarters of council, and other sub-unit of the provide, as efficiently as possible, and at their respective Executive agencies Federal Executive Board, and every the least possible cost to the taxpayers, informed of their activities by timely affiliation of the Federal Executive common services such as Board with external organizations, shall reports through appropriate agency cardiopulmonary resuscitation (CPR) expire upon expiration of the term of channels. training, preventive health programs, office of the Chair. Such a committee, (d) Conferences. The Director may child care and elder care activities, subcommittee, council, other sub-unit, convene regional and national blood donor programs, and savings or affiliation may be reestablished or conferences of Chairs and other bond drives; renewed by affirmative action of the representatives of Federal Executive (5) Encouragement of employee Federal Executive Board. Boards. initiative and better performance

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through special recognition and other make technical corrections to this rule has no Federalism implications in incentive programs, and provision of process by amending portions of current that procedural changes set forth do not assistance in the implementation and regulations. The changes will eliminate affect State and local governments. This upgrading of performance management repetitious, outdated and unnecessary proposed rule does not impose any systems; provisions without taking away a firm’s substantial or direct compliance costs (6) Emergency operations, such as right to an administrative review. This on State and local governments. under hazardous weather conditions rule also proposes to make technical Therefore, under section 6(b) of the and natural or man-made disasters; corrections. Executive Order, a federalism summary responding to blood donation needs; DATES: Comments must be received on impact statement is not required. and communicating related leave or before January 24, 2003 to be assured Regulatory Flexibility Act policies; of consideration. (7) Recognition of the service of This rule has been reviewed with ADDRESSES: Comments should be American Veterans and dissemination regard to the requirements of the submitted to Karen Walker, Chief, of information relating to programs and Regulatory Flexibility Act of 1980 (5 Retailer Management Branch, Benefit benefits available for veterans in the U.S.C. §§ 601–612). Eric M. Bost, Under Redemption Division, Food and Federal service; and Secretary for Food, Nutrition, and Nutrition Service, USDA, 3101 Park (8) Other programs, projects, and Consumer Services, has certified that Center Drive, Alexandria, Virginia, operations as approved by the Director. this proposed rule will not have a 22302. Comments may also be datafaxed (d) The Office of Personnel significant economic impact on a to the attention of Ms. Walker at (703) Management shall advise Federal substantial number of small entities. It 305–1863, or by e-mail to Executive Boards on activities in the proposes to eliminate repetitious, [email protected]. All written areas of performance appraisal and outdated and unnecessary provisions; comments will be open for public incentives, interagency training aggrieved businesses will continue to inspection at the office of the Food and programs, the educational development have the right to administrative reviews Nutrition Service during regular of Government employees, under this rule. improvement of labor-management business hours (8:30 a.m. to 5 p.m., relations, equal employment Monday through Friday) at 3101 Park Paperwork Reduction Act Center Drive, Alexandria, Virginia, opportunity, the Federal Women’s In accordance with the Paperwork Room 408. Program, the Federal Equal Opportunity Reduction Act of 1995, this notice Recruitment Program, the Hispanic FOR FURTHER INFORMATION CONTACT: invites the general public and other Employment Program, the Veterans Questions regarding this rulemaking public agencies to comment on Employment Program, and selective should be addressed to Ms. Walker at proposed information collections. the above address or by telephone at placement programs for individuals Written comments must be submitted (703) 305–2418. with disabilities. on or before January 24, 2003. (e) The Director may direct one or SUPPLEMENTARY INFORMATION: Comments are invited on (a) whether more of the Federal Executive Boards to the proposed collection of information address specific programs or undertake Executive Order 12866 is necessary for the proper performance cooperative activities. This rule has been determined to be not significant and therefore, was not of the functions of the agency, including § 960.108 Are there additional rules and reviewed by the Office of Management whether the information has practical directives for Federal Executive Boards? and Budget under Executive Order utility; (b) the accuracy of the agency’s The Director may issue additional 12866. estimate of the burden of the proposed rules, guidance, and directives to the collection of information, including the Federal Executive Boards. Executive Order 12372 validity of the methodology and The Food Stamp Program is listed in assumptions used; (c) ways to enhance [FR Doc. 02–29848 Filed 11–22–02; 8:45 am] the quality, utility, and clarity of the BILLING CODE 6325–46–M the Catalog of Federal Domestic Assistance under No. 10.551. For the information to be collected; (d) ways to reasons set forth in the final rule in 7 minimize the burden of the collection of information on those who are to DEPARTMENT OF AGRICULTURE CFR part 3015, subpart V and related Notice (48 FR 29115), this Program is respond, including the use of appropriate automated electronic, Food and Nutrition Service excluded from the scope of Executive Order 12372, which requires mechanical, or other technological collection techniques or other forms of 7 CFR Parts 278 and 279 intergovernmental consultation with State and local officials. information technology. Comments may RIN 0584–AD23 be sent to: Office of Information and Executive Order 13132, Federalism Regulatory Affairs, Office of Food Stamp Program: Administrative Executive Order 13132 requires Management and Budget, Washington, Review Requirements—Food Retailers Federal agencies to consider the impact DC 20203. Comments may also be and Wholesalers of their regulatory actions on State and submitted to Karen Walker, Chief, AGENCY: Food and Nutrition Service, local governments and consult with Redemption Management Branch, USDA. them as they develop and carry out Benefit Redemption Division, Food and Nutrition Service, USDA, 3101 Park ACTION: Proposed rule. those policy actions. The Food and Nutrition Service (FNS) has considered Center Drive, Alexandria, Virginia, SUMMARY: This action will revise Food the impact of this rule that proposes 22302. Comments may also be faxed to Stamp Program regulations affecting the streamlining and making technical the attention of Ms. Walker at (703) administrative review process available changes to FNS’ administrative review 305–1863, or e-mailed to to retail and wholesale firms process available to retail food stores [email protected]. participating in the Food Stamp and wholesale concerns participating in All responses to this notice will be Program. It proposes to streamline and the Food Stamp Program. This proposed summarized and included in the request

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for OMB approval. All comments will tribal governments in the aggregate, or same or similar information in two also become a matter of public record. to the private sector, of $100 million or places is repetitive. Therefore, this rule OMB Number: To be assigned. more in any one year. When such a proposes to remove the language from 7 Expiration Date: 3 years from date of statement is needed for a rule, section CFR 278.8. Reference changes reflecting approval. 205 of the UMRA generally requires this removal have been made Type of Request: New collection. FNS to identify and consider a throughout in §§ 278.1, 278.6 and 278.7. Abstract: The Food and Nutrition reasonable number of regulatory Service (FNS) of the U.S. Department of alternatives and adopt the least costly, 7 CFR 279 Subpart A—Administrative Agriculture is the Federal agency more cost-effective or least burdensome Review—General; Subpart B—Rules of responsible for the Food Stamp alternative that achieves the objectives Procedure; and, Subpart C—Judicial Program. The Food Stamp Act of 1977, of the rule. Review as amended, (7 U.S.C. 2011–2036) This rule contains no Federal requires that the Agency determine the mandates (under the regulatory Under Current regulations, 7 CFR 279 eligibility of firms and certain food provisions of Title II of the UMRA) for is divided into three subparts. Subparts service organizations to participate in State, local, and tribal governments or A and B pertain to the administrative the Food Stamp Program. If a retail food the private sector of $100 million or review process, while subpart C pertains store is found to be ineligible by FNS, more in any one year. Thus, this rule is to the judicial review process. The that store has the right to request an not economically significant, nor subject Department believes having two administrative review of the decision. to the requirements of sections 202 and different subparts for the administrative Such requests must be made in writing. 205 of the UMRA. review process may be confusing to This is not a new collection readers and should be clarified. Background requirement, but the Food Stamp Therefore, the rule proposes to collapse Program has never accounted for the In this rule, FNS is proposing to subpart B into subpart A and re- burden associated with this activity. revise food stamp regulations affecting designate subpart C as subpart B. This Affected Public: Retail food stores and the administrative review process for change will provide a clear distinction wholesale concerns. retail food stores and wholesale food between the two different review Estimated Number of Respondents: concerns participating in the Food processes. Under the proposed change, 1,140 Stamp Program. The revisions will subpart A will cover the administrative Number of Responses per streamline the administrative review review process and subpart B will cover Respondent: 1.2 process by eliminating repetitive and the judicial review process. In addition, Estimated Total Annual Responses: unnecessary provisions and throughout part 279 of the proposed 1,368 consolidating other provisions in rule, the term ‘‘administrative review Hours per Response: .17. current regulations found in 7 CFR 278 officer’’ is changed to ‘‘designated Total Annual Reporting Hours: and 279. These revisions will not reviewer’’, which conforms to section 232.56. change the rights of aggrieved food 14(a)(5) of the Food Stamp Act of 1977 retailers and wholesale food concerns to Executive Order 12988 (7 U.S.C. § 2023(a)(5))), which gives the request and obtain an administrative Secretary the authority to designate This rule has been reviewed under review from FNS. Also, this rule such reviewers. The responsibilities of Executive Order 12988, Civil Justice proposes to make technical corrections Reform. It is not intended to have involving regulatory cites listed in the designated reviewer will be the preemptive effect with respect to any section 278.1. same as the administrative review State or local laws, regulations or officer under current rules. 7 CFR 278.1—Approval of Retail Food policies which conflict with its Scope and purpose—7 CFR 279.1 provisions or which would otherwise Stores and Wholesale Food Concerns impede its full implementation. This This section provides information Scope and purpose: The introductory rule is not intended to have retroactive regarding the authorization withdrawals paragraph at 7 CFR 279.1 clarifies the effect unless so specified in the and denials of firms participating or scope of purpose of each of the subparts ‘‘Effective Date’’ paragraph of the seeking to participate in the Food Stamp mentioned above. Since the proposed preamble of the final rule. In the Food Program. References included in rule would collapse subpart B into Stamp Program, the administrative paragraphs (k)(1) and (2) and (l)(1)(ii) subpart A, such clarification is procedures for retailers and wholesalers and (iii) are not correct and this rule unnecessary. Therefore, under the are as follows: for Program retailers and proposes to correct them. proposed regulation, the introductory wholesalers—administrative procedures 7 CFR 278.8—Administrative Review— paragraph at 7 CFR 279.1 is removed are issued pursuant to section 14 of the Retail Food Stores and Wholesale Food and replaced with amended language FSA (7 U.S.C. 2023) and 7 CFR 279. Concerns from 7 CFR 279.3 in current rules which explains the jurisdiction and authority Public Law 104–4 This section in current regulations of the administrative review process. Title II of the Unfunded Mandate provides information regarding how Reform Act of 1995 (UMRA), Pub. L. food retailers or wholesale food Administrative Review Officer—7 CFR 104–4, establishes requirements for concerns aggrieved by an administrative 279.2. Federal agencies to assess the effects of action can file a request for an their regulatory actions on state, local, administrative review. It references Administrative review officer: Current and tribal governments and the private sections that deal with specific regulations include a section describing sector. Under section 202 of the UMRA, administrative actions that are subject to how review officers are designated and FNS generally must prepare a written review and provides the address where are assigned cases to review. The statement, including a cost-benefit requests for reviews must be sent. This Department believes this is internal analysis, for proposed and final rules same information in more detail is guidance for FNS and does not belong with ‘‘Federal mandates’’ that may provided in 7 CFR 279, and the in regulations. Therefore, the proposed result in expenditures to State, local, or Department believes including that rule would remove this section entirely.

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Authority and Jurisdiction—7 CFR 279.3 Determination of the Administrative e. The regulatory reference ‘‘§ 279.5’’ Review Officer—7 CFR 279.8 is removed in paragraph (l)(2) and the Authority and jurisdiction: Current regulatory reference ‘‘part 279’’ is added regulations describe the authority and Determination notification: Current regulations at 7 CFR 279.8(e) and (f) in its place; and jurisdiction of the administrative review include information about the f. The regulatory reference ‘‘§ 278.8,’’ process at 7 CFR 279.3. The proposed determination notification process. This is removed in paragraph (p) and the regulation would include that section at proposed rule would combine regulatory reference ‘‘part 279’’ is added 7 CFR 279.1. It also proposes to amend paragraphs (e) and (f) into paragraph (e) in its place. that section for clarification purposes by and redesignate paragraph (g) as § 278.6 [Amended] adding a separate paragraph for paragraph (f). In addition, technical 3. In 278.6, the regulatory reference disqualifications. Current regulations corrections are proposed for paragraph ‘‘§ 279.5’’ is removed wherever it include that with a paragraph on the (b) to reflect changes made by a prior appears in paragraphs (b), (c) and (n), imposition of fines. regulation. and the regulatory reference ‘‘part 279’’ Rules of Procedure—7 CFR 279.4 Implementation is added in its place. Rules of procedures: Current The Department is proposing that the § 278.7 [Amended] provisions of this rulemaking be regulations at 7 CFR 279.4 separate the 4. In § 278.7, the regulatory reference administrative review process into two implemented 60 days after publication of the final rule. ‘‘§ 278.8’’ is removed in paragraph (f) subparts, A and B. These regulations and the regulatory reference ‘‘part 279’’ include an introductory paragraph List of Subjects is added in its place. clarifying what information is included 7 CFR Part 278 under subpart A and subpart B, which § 278.8 [Removed and Reserved] is not included in the proposed rule. Administrative practice and 5. § 278.8 is removed and reserved. procedure, Banks, Banking, Claims, Under the proposed rule, all PART 279—ADMINISTRATIVE AND information involving the Food stamps, General line-wholesalers, Groceries, Groceries-retail, Penalties. JUDICIAL REVIEW—FOOD RETAILERS administrative review process is AND FOOD WHOLESALERS included under a single subpart (subpart 7 CFR Part 279 A); therefore, there is no longer a need Administrative practice and 6. In part 279: for an introductory paragraph clarifying procedure, Food stamps, General line- a. The words ‘‘administrative review two subparts. wholesalers, Groceries, Groceries-retail. officer’’ are removed wherever they appear and the words ‘‘designated Content of Request—7 CFR 279.6 Accordingly, 7 CFR parts 278 and 279, are proposed to be amended as reviewer’’ are added in their place; and b. The words ‘‘review officer’’ are Content of request for review: Current follows: removed wherever they appear and the regulations at 7 CFR 279.6 include 1. The authority citation for parts 278 and 279 continue to read as follows: words ‘‘designated reviewer’’ are added language regarding requests for in in their place. person meetings with administrative Authority: 7 U.S.C. 2011–2036. 7. Subpart A is further amended by review officers. Currently there are only removing the word ‘‘—General’’ in the three locations where such meetings PART 278—PARTICIPATION OF RETAIL FOOD STORES, WHOLESALE Subpart heading. take place, so most firms that wish to 8. Revise § 279.1 to read as follows: have meetings must travel long FOOD CONCERNS AND INSURED distances to participate in them. The FINANCIAL INSTITUTIONS § 279.1 Jurisdiction and authority. review is based on the facts of the case § 278.1 [Amended] A food retailer or wholesale food which can be presented in writing or 2. In § 278.1: concern aggrieved by administrative orally by phone. Firms can and do talk a. Paragraph (k)(1) is amended by action under § 278.1, § 278.6 or § 278.7 with reviewers by phone. Even though removing the reference ‘‘(g) or (h)’’ and of this chapter may, within a period very few firms request in-person adding in its place the reference ‘‘(g), (h) stated in this part, file a written request meetings, the Department believes that or (i)’’; for review of the administrative action offering in-person meetings gives the b. Paragraph (k)(2) is amended by with FNS. On receipt of the request for impression that stores which cannot removing in the first sentence the words review, the questioned administrative avail themselves of the meeting are ‘‘the Food Stamp Act of 1977, as action shall be stayed pending disadvantaged. Therefore, the rule amended;’’ and adding in its place the disposition of the request for review, proposes to eliminate these meetings. words ‘‘paragraph (b)(1)(i) of this except in the case of a permanent Aggrieved retailers can participate in section;’’ and by removing the reference disqualification as specified in conference calls with administrative ‘‘(b)(1)(iv)’’ and adding in its place the § 278.6(e)(1) of this chapter. (a) Jurisdiction. Reviewers designated review staff if requested. reference (b)(1)(vi)’’; c. Paragraph (l)(1)(ii) is amended by by the Secretary shall act for the Action Upon Receipt of a Request for removing the reference ‘‘(g), or (h)’’ and Department on requests for review filed Review—7 CFR 279.7 adding in its place the reference ‘‘(g), (h) by food retailers or wholesale food or (i)’’; concerns aggrieved by any of the Failure to meet with review officer: d. Paragraph (l)(1)(iii) is amended by following actions: Current regulations at 7 CFR 279.7(c), removing the words ‘‘the Food Stamp (1) Denial of an application or include a paragraph dealing with the in- Act of 1977, as amended,’’ and adding withdrawal of authorization to person meetings. This provision would in its place the words ‘‘paragraph participate in the program under § 278.1 no longer be relevant if these meetings (b)(1)(i) of this section;’’ and by of this chapter; no longer take place; therefore, the removing the reference ‘‘(b)(1)(iv)’’ and (2) Disqualification under § 278.6 of proposed rule would remove this adding in its place the reference this chapter, except that a paragraph. ‘‘(b)(1)(vi)’’. disqualification for failure to pay a civil

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money penalty shall not be subject to has made a determination. However, (e) Determination notifications. FNS administrative review and a permanent disqualifications for shall notify the firm of the disqualification imposed under trafficking shall not be held in abeyance determination. Such notification will be § 278.6(e)(8) of this chapter shall not be and shall be effective immediately as sent to the representative of the firm subject to administrative or judicial specified in § 278.6(b)(2) of this chapter. who filed the request for review. review; *** * * * * * (3) Imposition of a fine under § 278.6 * * * * * 15. In newly redesignated § 279.6, of this chapter; (c) Extensions of time. Upon timely revise paragraph (a) to read as follows: (4) Denial of all or part of any claim written request to FNS by the firm asserted by a firm against FNS under requesting the review, FNS may grant § 279.6 Legal advice and extensions of § 278.7(c), (d), or (e) of this chapter; extensions of time if, in FNS’ discretion, time. (5) Assertion of a claim under additional time is required for the firm (a) Advice from Office of the General § 278.7(a) of this chapter; or to fully present information in support Counsel. If any request for review (6) Forfeiture of part or all of a of its position. However, no extension involves any doubtful questions of law, collateral bond under § 278.1 of this may be made in the time allowed for the the Benefit Redemption Division shall chapter, if the request for review is filing of a request for review. obtain the advice of the Department’s made by the authorized firm. FNS shall 14. Amend newly redesignated Office of the General Counsel. not accept requests for review made by § 279.5 as follows: * * * * * a bonding company or agent. a. The heading of this section is (b) Authority. The determination of revised and the heading of paragraph (a) Subpart B—[Removed] the designated reviewer shall be the is amended by removing the word 16. Subpart B is removed. final administrative determination of ‘‘officer’’, the Department, subject, however, to b. Paragraph (b), (c) and (e) are Subpart C—[Redesignated as Subpart judicial review under section 14 of the revised; and B] Food Stamp Act and subpart B of this c. Paragraph (f) is removed and part. paragraph (g) is redesignated as 17. Subpart C is redesignated as paragraph (f). Subpart B. §§ 279.2 through 279.4 [Removed] The revisions read as follows: 9. Remove §§ 279.2 through 279.4. §§ 279.10 and 279.11 [Redesignated as § 279.5 Determination of the designated §§ 279.7 and 279.8] §§ 279.5 through 279.11 [Redesignated reviewer. 18. Redesignate §§ 279.10 and 279.11 and Transferred] * * * * * as §§ 279.7 and 279.8. 10. Subpart B is further amended by (b) Review of denial or withdrawal of redesignating §§ 279.5 through 279.9 as authorization. When the action under § 279.7 [Amended] §§ 279.2 through 279.6, respectively, review is the denial of an application for 19. Amend newly redesignated and transferring them to Subpart A. authorization or the withdrawal of an § 279.7 as follows: existing authorization, the designated a. Paragraph (a) is amended by § 279.2 [Amended] reviewer shall sustain the action under removing the regulatory reference 11. Amend newly redesignated review; sustain the action under review, ‘‘§ 279.8(e)’’ and adding in its place the § 279.2 as follows: but specify a shorter period of time the regulatory reference ‘‘§ 279.5(e)’’. a. The heading of paragraph (a) is action will remain in effect; or direct b. Paragraph (b) is amended by amended by removing the word that the action under review be removing the words the ‘‘officer or’’. ‘‘Addressing’’ and adding in its place reversed. Dated: November 14, 2002. the word ‘‘Submitting’’. (c) Review of disqualification or civil Roberto Salazar, b. Paragraph (a) is further amended by money penalty or fine. When the action Administrator, Food and Nutrition Service. removing the words ‘‘Room 304’’. under review is disqualifying a firm c. Paragraph (c) introductory text is from program participation or assessing [FR Doc. 02–29889 Filed 11–22–02; 8:45 am] amended by removing the words ‘‘with a civil money penalty or fine against a BILLING CODE 3410–30–P the Director, Administrative Review firm, the designated reviewer shall: Division,’’. sustain the action under review; specify a shorter period of disqualification; DEPARTMENT OF TRANSPORTATION § 279.3 [Amended] specify a reduced money penalty or Federal Aviation Administration 12. Remove the last two sentences of fine; direct that an official warning letter paragraph (b) in newly redesignated be issued to the firm in lieu of a 14 CFR Part 71 § 279.3. disqualification, civil money penalty or 13. Amend newly redesignated fine; or, direct that the action under [Airspace Docket No. 02–AEA–20] § 279.4 as follows: review be reversed. The designated a. Paragraph (a) is amended by reviewer may change a disqualification Amendment of Class D Airspace, revising the first two sentences and by of a firm to a civil money penalty if the White Plains, NY removing the last sentence; disqualification would cause a hardship AGENCY: Federal Aviation b. Paragraph (c) is revised; and to participating households (except in c. Paragraph (d) is removed. Administration (FAA), DOT. the case of a permanent The revisions read as follows: ACTION: Notice of proposed rulemaking. disqualification). The designated § 279.4 Action upon receipt of a request reviewer, working with the appropriate SUMMARY: This notice proposes to for review. FNS office, shall determine if amend the Class D airspace at White (a) Upon receipt of a request for circumstances warrant a civil money Plains, NY. Controlled airspace review of administrative action, the penalty in accordance with § 278.6 of extending upward from the surface is administrative action shall be held in this chapter. needed to contain aircraft executing abeyance until the designated reviewer * * * * * Instrument Flight Rule (IFR) procedures

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and provide a safer operating after the closing date for comments. A impact on a substantial number of small environment. This action would report summarizing each substantive entities under the criteria of the increase the limits of the existing Class public contact with the FAA personnel Regulatory Flexibility Act. D airspace by an extension along the concerned with this rulemaking will be List of Subjects in 14 CFR Part 71 runway 34 approach course. filed in the docket. DATES: Comments must be received on Availability of NPRMs Airspace, Incorporation by reference, or before December 20, 2002. Navigation (air). Any person may obtain a copy of this ADDRESSES: Send comments on the Notice of Proposed Rulemaking (NPRM) The Proposed Amendment proposal in triplicate to: Manager, by submitting a request to the Office of Airspace Branch, AEA–520, Docket No. In consideration of the foregoing, the the Regional Counsel, AEA–7, FAA 02–AEA–20, FAA Eastern Region, 1 Federal Aviation Administration Eastern Region, 1 aviation Plaza, Aviation Plaza, Jamaica, NY 11434– proposes to amend 14 CFR part 71 as Jamaica, NY, 11434–4809. 4809. follows: Communications must identify the The official docket may be examined notice number of this NPRM. Persons in the Office of the Regional counsel, PART 71—[AMENDED] interested in being placed on a mailing AEA–7, FAA Eastern Region, 1 Aviation list for future NPRMs should also 1. The authority citation for 14 CFR Plaza, Jamaica, NY 11434–4890. An request a copy of Advisory Circular No. part 71 continues to read as follows: informal docket may also be examined 11–2A, which describes the application Authority: 49 U.S.C. 106(g), 40103, 40113, during normal business hours in the procedure. Airspace Branch, AEA–520, FAA 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Eastern Region, 1 Aviation Plaza, The Proposal 1963 Comp., p. 389. Jamaica, NY, 11434–4809. The FAA is considering an § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: Mr. amendment to part 71 of the Federal 2. The incorporation by reference in Francis T. Jordan, Jr., Airspace Aviation Regulations (14 CFR part 71) to 14 CFR 71.1 of Federal Aviation Specialist, Airspace Branch, AEA–520 provide additional controlled airspace Administration Order 7400.9K dated FAA Eastern Region, 1 Aviation Plaza, for Instrument Flight Rules (IFR) August 30, 2002, and effective Jamaica, NY, 11434–4809: telephone: procedures at Westchester County September 16, 2002, is proposed to be (718) 553–4521. Airport, White Plains, NY. This action amended as follows: SUPPLEMENTARY INFORMATION: would provide additional Class D Airspace extending two additional miles Paragraph 5000 Class D airspace areas Comments Invited along the southeast and northwest extending upward from the surface of the Interested parties are invited to localizer courses for Westchester County earth. participate in this proposed rulemaking Airport up to but not including 3,000 * * * * * by submitting such written data, views, feet to accommodate IFR operations AEA NY D White Plains, NY or arguments as they may desire. using Runway 34. Westchester County Airport, White Plains, Comments that provide the factual basis Class D airspace designations for NY supporting the views and suggestions airspace areas extending upward from (Lat. 41°04′01″ N., long. 73°42′27″ W.) presented are particularly helpful in the surface are published in Paragraph Westchester County ILS Localizer Northwest developing reasoned regulatory 5000 of FAA Order 7400.9K, dated (Lat. 41°03′27″ N., long. 73°41′58″ W.) decisions on the proposal. Comments August 30, 2002, and effective Westchester County ILS Localizer Southeast are specifically invited on the overall September 16, 2002, which is (Lat. 41°04′37″ N., long. 73°42′52″ W.) regulatory, economic, environmental, incorporated by reference in 14 CFR That airspace extending upward from the and energy-related aspects of the 71.1. The Class D airspace designation surface to but not including 3,000 feet MSL proposal. Communications should listed in this document would be within a 4.1 mile radius of Westchester identify the airspace docket number and published subsequently in the Order. County Airport and within 1.5 miles each be submitted in triplicate to the address The FAA has determined that this side of the Westchester County ILS northwest listed above. Commenters wishing the proposed regulation only involves an localizer course extending from the 4.1 mile FAA to acknowledge receipt of their established body of technical radius to 6.1 miles northwest of the airport comments on this notice must submit regulations for which frequent and and within 1.5 miles each side of the Westchester County ILS southeast localizer with those comments a self-addressed, routine amendments are necessary to course extending from the 4.1 mile radius to stamped postcard on which the keep them operationally current. 6.1 miles southeast of the airport. This Class following statement is made: Therefore, this proposed regulation—(1) D airspace is effective during specific dates ‘‘Comments to Airspace Docket No. 02– Is not a ‘‘significant regulatory action’’ and times established in advance by a Notice AEA–20’’. The postcard will be under Executive Order 12866; (2) is not to Airmen. The effective date and time will date\time stamped and returned to the a ‘‘significant rule’’ under DOT thereafter be continuously published in the commenter. All communications Regulatory Policies and Procedures (44 Airport/Facility Directory. received on or before the closing date FR 11034; February 26, 1979); and (3) * * * * * for comments will be considered before does not warrant preparation of a taking action on the proposed rule. The regulatory evaluation as the anticipated Issued in Jamaica, New York, on November proposal contained in this notice may impact is so minimal. Since this is a 7, 2002. be changed in light of comments routine matter that would only affect air F.D. Hatfield, received. All comments submitted will traffic procedures and air navigation, it Manager, Air Traffic Division, Eastern Region. be available for examination in the is certified that this proposed rule [FR Doc. 02–29904 Filed 11–22–02; 8:45 am] Rules Docket closing both before and would not have significant economic BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION are specifically invited on the overall established body of technical regulatory, economic, environmental, regulations for which frequent and Federal Aviation Administration and energy-related aspects of the routine amendments are necessary to proposal. Communications should keep them operationally current. 14 CFR Part 71 identify the airspace docket number and Therefore, this proposed regulation: (1) be submitted in triplicate to the address [Airspace Docket No. 02–AEA–21] Is not a ‘‘significant regulatory action’’ listed above. Commenters wishing the under Executive Order 12866; (2) is not Establishment of Class E Airspace; FAA to acknowledge receipt of their a ‘‘significant rule’’ under DOT William T. Piper Memorial Airport, Lock comments on this notice must submit Regulatory Policies and Procedures (44 Haven, PA with those comments a self-addressed, FR 11034; February 26, 1979); and (3) stamped postcard on which the does not warrant preparation of a AGENCY: Federal Aviation following statement is made: regulatory evaluation as the anticipated Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 02– impact is so minimal. Since this is a ACTION: Notice of proposed rulemaking. AEA–21’’. The postcard will be date/ routine matter that would only affect air time stamped and returned to the traffic procedures and air navigation, it commenter. All communications SUMMARY: This notice proposes to is certified that this proposed rule received on or before the closing date establish Class E airspace at William T. would not have significant economic for comments will be considered before Piper Memorial Airport (LHV), Lock impact on a substantial number of small Haven, PA. The development of a taking action on the proposed rule. The proposal contained in this notice may entities under the criteria of the Standard Instrument Approach Regulatory Flexibility Act. Procedure (SIAP) to serve flights be changed in light of comments operating into William T. Piper received. All comments submitted will List of Subjects in 14 CFR Part 71 Memorial Airport under Instrument be available for examination in the Flight Rules (IFR) makes this action Rules Docket closing both before and Airspace, Incorporation by reference, necessary. Controlled airspace after the closing date for comments. A Navigation (air). report summarizing each substantive extending upward from 700 feet Above The Proposed Amendment Ground Level (AGL) is needed to public contact with the FAA personnel contain aircraft executing the approach. concerned with this rulemaking will be In consideration of the foregoing, the The area would be depicted on filed in the docket. Federal Aviation Administration aeronautical charts for pilot reference. Availability of NPRMs proposes to amend 14 CFR part 71 as DATES: follows: Comments must be received on Any person may obtain a copy of this or before December 26, 2002. Notice of Proposed Rulemaking (NPRM) PART 71—[AMENDED] ADDRESSES: Send comments on the by submitting a request to the Office of proposal in triplicate to: the Regional Counsel, AEA–7, FAA 1. The authority citation for 14 CFR Manager, Airspace Branch, AEA–520, Eastern Region, 1 Aviation Plaza, part 71 continues to read as follows: Docket No. 02–AEA–21, FAA Eastern Jamaica, NY, 11434–4809. Region, 1 Aviation Plaza, Jamaica, Communications must identify the Authority: 49 U.S.C. 106(g), 40103, 40113, NY, 11434–4809. notice number of this NPRM. Persons 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. The official docket may be examined in interested in being placed on a mailing list for future NPRMs should also the Office of the Regional Counsel, § 71.1 [Amended] AEA–7, FAA Eastern Region, 1 request a copy of Advisory Circular No. Aviation Plaza, Jamaica, NY, 11434– 11–2A, which describes the application The incorporation by reference in 14 4809. procedure. CFR 71.1 of Federal Aviation An informal docket may also be The Proposal Administration Order 7400.9K dated examined during normal business August 30, 2002 and effective The FAA is considering an hours in the Airspace Branch, AEA– September 16, 2002, is proposed to be amendment to part 71 of the Federal 520, FAA Eastern Region, 1 Aviation amended as follows: Regulations (14 CFR part 71) to establish Plaza, Jamaica, NY, 11434–4809. Paragraph 6005 Class E airspace areas Class E airspace area at Lock Haven, PA. extending upward from 700 feet or more FOR FURTHER INFORMATION CONTACT: Mr. The development of a SIAP to serve above the surface of the earth. Francis T. Jordan, Jr., Airspace flights operating IFR into the William T. Specialist, Airspace Branch, AEA–520, Piper Memorial Airport makes this * * * * * FAA Eastern Region, 1 Aviation Plaza, action necessary. Controlled airspace AEA PA E5, Lock Haven [NEW] Jamaica, NY, 11434–4809; telephone: extending upward from 700 feet AGL is William T. Piper Memorial Airport (718) 553–4521. needed to accommodate the SIAP. Class (Lat. 41°08′09″ N., long. 77°25′24″ W.) SUPPLEMENTARY INFORMATION: E airspace designations for airspace areas extending upward from 700 feet or That airspace extending upward from 700 Comments Invited more above the surface are published in feet above the surface within a 9.6-mile Interested parties are invited to Paragraph 6005 of FAA Order 7400.9K, radius of William T. Piper Memorial Airport. participate in this proposed rulemaking dated August 30, 2002, and effective * * * * * by submitting such written data, views, September 16, 2002, which is Issued in Jamaica, New York on November or arguments as they may desire. incorporated by reference in 14 CFR 7, 2002. Comments that provide the factual basic 71.1. The Class E airspace designation supporting the views and suggestions listed in this document would be F.D. Hatfield, presented are particularly helpful in published subsequently in the Order. Manager, Air Traffic Division, Eastern Region. developing reasoned regulatory The FAA has determined that this [FR Doc. 02–29903 Filed 11–22–02; 8:45 am] decisions on the proposal. Comments proposed regulation only involves an BILLING CODE 4910–13–M

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NATIONAL CRIME PREVENTION AND to the Compact and this rule provides a having a small group assess pertinent PRIVACY COMPACT COUNCIL structured framework for the Council to information and make recommendations efficiently and effectively implement to the Chairman and full Council. 28 CFR Part 902 the adjudication process. The hearing procedures provided for [NCPPC 102] Section 902.2(a) of the proposed rule in the proposed rule ensure that provides that cognizable disputes may disputants, as well as Compact Parties Dispute Adjudication Procedures only be raised by a person or charged with violating Council rules, organization directly aggrieved by: (1) are given a full and fair opportunity to AGENCY: National Crime Prevention and The Council’s interpretation of the present matters to the Council both Privacy Compact Council. Compact; (2) any rule or standard orally and in writing. Due to the ACTION: Proposed rule. established by the Council pursuant to Council’s historically busy agenda and the Compact; or (3) failure of a Compact the costs involved in assembling the 15- SUMMARY: The Compact Council Party to comply with a provision of the member Council and its administrative established pursuant to the National Compact or with any rule or standard support, the Council Chairman may Crime Prevention and Privacy Compact established by the Council. Limiting limit the number of and the length of (Compact) is publishing a rule disputes to those who are ‘‘directly time allowed to presenters or witnesses. proposing to establish Dispute aggrieved’’ by Council or Compact Party The Chairman also maintains the Adjudication Procedures. These actions ensures that Council resources discretion to limit input, both orally and procedures support Article XI of the are devoted to reviewing substantive in writing, of other persons or Compact. matters relating to direct Council or organizations who may wish to DATE: Submit comments on or before Compact Party actions and that standing participate in an adjudication December 26, 2002. is provided only to a person or proceeding. ADDRESSES: Send all written comments organization substantially impacted by Given the affected interests of the concerning this proposed rule to the relevant actions of the Compact Council Compact Council, the proposed rule Compact Council Office, 1000 Custer or a Compact Party. requires that appropriate notice of an Hollow Road, Module C3, Clarksburg, Section 902.2(d) of the proposed rule appeal under Article XI be WV 26306; Attention: Cathy L. provides that a dispute may not be communicated to the Council Chairman Morrison. Comments may also be based solely upon a disagreement with by the appealing party to ensure that submitted by fax at (304)625–5388 or by the merits of a rule or standard timely notice is provided to Council electronic mail at [email protected]. To established by the Council. If a rule has members and other appropriate ensure proper handling, please been established by the Council, the individuals. reference ‘‘Dispute Adjudication’’ on Council has provided an opportunity for Administrative Procedures and your correspondence. comments through the publishing of a proposed rule, has debated the merits Executive Orders FOR FURTHER INFORMATION CONTACT: Mr. and wisdom of the rule at meetings Administrative Procedures Act Wilbur Rehmann, Compact Council open to the public, and has determined Chairman, Montana Department of that the rule should be enacted. Prior This rule is published by the Compact Justice, 303 North Roberts, 4th Floor, public notice is given in the Federal Council as authorized by the National Post Office Box 201406, Helena, Register of each Council meeting, Crime Prevention and Privacy Compact Montana 59620–1406, telephone including the matters to be addressed at (Compact), an interstate/federal state number (406) 444–6194. the meeting. Therefore, the public will compact which was approved and SUPPLEMENTARY INFORMATION: The have prior notice of the proposed rules enacted into legislation by Congress National Crime Prevention and Privacy to be discussed by the Council and will pursuant to Pub. L. 105–251. The Compact, 42 U.S.C. 14611–14616, have an opportunity to comment on the Compact Council is composed of 15 establishes uniform standards and merits of the proposed rules. members (with 11 state and local processes for the interstate and federal- Accordingly, prohibiting disputes based governmental representatives), and is state exchange of criminal history on the merits or wisdom of a Council authorized by the Compact to records for noncriminal justice rule ensures that Council time and promulgate rules and procedures for the purposes. The Compact was signed into resources are not spent adjudicating effective and proper use of the Interstate law on October 9, 1998, (Pub. L. 105– disputes in matters in which the Identification Index (III) System for 251) and became effective on April 28, Council has already invested significant noncriminal justice purposes. The 1999, when ratified by the second state. time and effort and on which interested Compact specifically provides that the The Compact eliminates barriers to the parties have had ample opportunity to Council shall prescribe rules and sharing of criminal history record comment. However, while a formal procedures for the effective and proper information among the compact parties dispute on the merits of a rule may not use of the III System for noncriminal for noncriminal justice purposes. Article be raised under these procedures, justice purposes, and mandates that VI of the Compact provides for a nothing prevents further discussion of such rules, procedures, or standards Compact Council that has the authority the merits of the rule or efforts seeking established by the Council shall be to promulgate rules and procedures its revocation at regularly scheduled published in the Federal Register. See governing the use of the Interstate Council meetings. 42 U.S.C. 14616, Articles II(4), VI(a)(1) Identification Index (III) System for Section 902.3 of the proposed rule and VI(e). This publication complies noncriminal justice purposes, not to provides that disputes are preliminarily with those requirements. conflict with FBI administration of the referred to the Council’s Dispute III System for criminal justice purposes. Resolution Committee for a Executive Order 12866 This proposed rule establishes recommendation to the Council The Compact Council is not an Dispute Adjudication Procedures Chairman regarding whether a hearing executive department or independent authorized under Article XI of the should be held on the matter. Creating regulatory agency as defined in 44 Compact. Article XI provides generally and utilizing a Dispute Resolution U.S.C. 3502; accordingly, Executive for the adjudication of disputes relating Committee enhances efficiency by Order 12866 is not applicable.

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Executive Order 13132 the adjudication of disputes by the between the disputant and a Committee The Compact Council is not an Compact Council. The Compact Council member, the Committee member shall executive department or independent is established pursuant to the National recuse himself/herself and the Compact regulatory agency as defined in 44 Crime Prevention and Privacy Compact Council Chairman shall determine an U.S.C. 3502; accordingly, Executive (Compact), title 42, U.S.C., chapter 140, appropriate substitute for that particular Order 13132 is not applicable. subchapter II, section 14616. dispute. (b) The Compact Council Chairman Nonetheless, this rule fully complies § 902.2 Raising disputes. with the intent that the national shall refer the dispute, together with all (a) Cognizable disputes must be raised supporting documents and materials, to government should be deferential to the by a Party State, the FBI, or a person, States when taking action that affects the Council’s Dispute Resolution organization, or government entity Committee. the policymaking discretion of the directly aggrieved within the meaning of States. (c) In making a decision as to whether paragraph (b) of this section and may be to recommend a hearing, the Dispute Executive Order 12988 based upon: Resolution Committee shall lean toward The Compact Council is not an (1) A claim that the Council has recommending hearings to all executive agency or independent misinterpreted the Compact or one of disputants who raise issues that are not establishment as defined in 5 U.S.C. the Council’s rules or standards clearly frivolous or without merit. 105; accordingly, Executive Order 12988 established under Article VI of the (d) The Dispute Resolution Committee is not applicable. Compact; shall consider the matter and: (2) A claim that the Council has (1) Refer it to the Council for a Unfunded Mandates Reform Act exceeded its authority under the hearing; Approximately 75 percent of the Compact; (2) Recommend that the Council deny Compact Council members are (3) A claim that in establishing a rule a hearing if the Committee concludes representatives of state and local or standard or in taking other action, the that the matter does not constitute a governments; accordingly, rules Council has failed to comply with its cognizable dispute under § 902.2(a); or prescribed by the Compact Council are bylaws or other applicable procedures (3) Request more information from the not Federal mandates. Accordingly, no established by the Council; or the rule, person or organization raising the actions are deemed necessary under the standard or action is not otherwise in dispute or from other persons or provisions of the Unfunded Mandates accordance with applicable law; or organizations. Reform Act of 1995. (4) A claim by a Compact Party that another Compact Party has failed to § 902.4 Action by Council Chairman. Small Business Regulatory Enforcement comply with a provision of the Compact (a) The Chairman shall communicate Fairness Act of 1996 or with any rule or standard established the decision of the Dispute Resolution The Small Business Regulatory by the Council. Committee to the person or organization Enforcement Fairness Act (Title 5, (b) A Party State, the FBI, or a person, that raised the dispute. U.S.C. 801–804) is not applicable to the organization, or government entity (b) If a hearing is not granted, the Council’s rule because the Compact directly aggrieved by the Council’s Federal Bureau of Investigation or a Council is not a ‘‘Federal agency’’ as interpretation of the Compact or any Party State may appeal this decision to defined by 5 U.S.C. 804(1). Likewise, rule or standard established by the the Attorney General pursuant to the reporting requirement of the Council pursuant to the Compact, or in Section (c) of Article XI of the Compact Congressional Review Act (Subtitle E of connection with a matter covered under (see § 902.6). the Small Business Regulatory § 902.2(a)(4), may request a hearing on (c) If a hearing is granted, the Enforcement Fairness Act) does not a dispute by contacting the Compact Chairman shall: apply. See 5 U.S.C. 804. Council Chairman in writing at the (1) Include the dispute on the agenda Compact Council Office, Module C3, of a scheduled meeting of the Council List of Subjects in 28 CFR Part 902 1000 Custer Hollow Road, Clarksburg, or, at the Chairman’s discretion, Administrative practice and West Virginia 26306. schedule a special Council meeting; procedure, National Crime Prevention (c) The Chairman may ask the (2) Notify the person or organization and Privacy Compact Council. requester for more particulars, raising the dispute as to the date of the Accordingly, chapter IX of title 28 supporting documentation or materials hearing and the rights of disputants Code of Federal Regulations is amended as the circumstances warrant. under § 902.5 (Hearing Procedures); and by adding part 902 to read as follows: (d) A dispute may not be based solely (3) Include the matter of the dispute upon a disagreement with the merits in the prior public notice of the Council PART 902—DISPUTE ADJUDICATION (substantive wisdom or advisability) of meeting required by Article VI (d)(1) of PROCEDURES a rule or standard validly established by the Compact. the Council within the scope of its Sec. § 902.5 Hearing procedures. 902.1 Purpose and authority. authority under the Compact. However, nothing in this rule prohibits further (a) The hearing shall be open to the 902.2 Raising disputes. public pursuant to Article VI (d)(1) of 902.3 Referral to Dispute Resolution discussion of the merits of a rule or Committee. standard at any regularly scheduled the Compact. 902.4 Action by Council Chairman. Council meeting. (b) The Council Chairman or his/her 902.5 Hearing procedures. designee shall preside over the hearing 902.6 Appeal to the Attorney General. § 902.3 Referral to Dispute Resolution and may limit the number of, and the 902.7 Court action. Committee. length of time allowed to, presenters or Authority: 42 U.S.C. 14616. (a) The five person Dispute Resolution witnesses. Committee membership shall be (c) The person or organization raising § 902.1 Purpose and authority. determined according to Compact the dispute or a Compact Party charged The purpose of this part 902 is to Article VI (g). Should a dispute arise under the provisions of § 902.2(a)(4) establish protocols and procedures for with an apparent conflict of interest shall be entitled to:

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(1) File additional written materials have the decision reversed in the arbitrators for selection by labor and with the Council at least ten days prior appropriate district court of the United management to resolve grievances and to the hearing; States. disagreements arising under their (2) Appear at the hearing, in person Dated: November 1, 2002. collective bargaining agreements and to and/or by counsel; deal with fact finding and interest Wilbur Rehmann, (3) Make an oral presentation; and arbitration issues as well. On October 1, (4) Call witnesses. Compact Council Chairman. 1997, the Office of Arbitration Services (d) Subject to the discretion of the [FR Doc. 02–29709 Filed 11–22–02; 8:45 am] (OAS) began charging a nominal fee for Chairman, other persons and BILLING CODE 4410–02–P all requests for panels, lists and other organizations may be permitted to major services. FMCS now proposes to appear and make oral presentations at amend the Appendix to 29 CFR part the hearing or provide written materials FEDERAL MEDIATION AND 1404 by adding a new category on the to the Council concerning the dispute. CONCILIATION SERVICE fee schedule for electronic requests and (e) All Council members, including a to increase the fees in other categories member or members who raised the 29 CFR Part 1404 to take into account increases in the dispute that is the subject of the hearing, RIN 3076AA09 costs of processing the requests. shall be entitled to participate fully in In May 2000, the OAS developed its the hearing and vote on the final Arbitration Schedule of Fees electronic system to issue panels of Council decision concerning the arbitrators. Since the inception of the AGENCY: dispute. Federal Mediation and on-line system, nearly 500 labor and/or (f) The Council shall, if necessary, Conciliation Service. management representatives have continue the hearing to a subsequent ACTION: Proposed rule. utilized this on-line system, thereby Council meeting. reducing the time period for them to SUMMARY: The Federal Mediation and (g) Summary minutes of the hearing receive panels of arbitrators. The on-line Conciliation Service is proposing to shall be made and transcribed and shall system permits the parties to receive revise the Appendix to 29 CFR Part be available for inspection by any panels almost instantly—by fax, e-mail 1404 to replace the fee schedule item for person at the Council office within the or mail. Ninety percent of all electronic processing requests for panels of Federal Bureau of Investigation. requests are either faxed or e-mailed to arbitrators with two new fee schedule (h) The proceedings of the hearing the parties. categories—one for processing requests shall be recorded and shall be To encourage the use of electronic on-line and the other for requests which transcribed, as necessary. A record of processing and receipt of panels, OAS is require processing by FMCS staff. In the proceedings will be made and adding an entry on its fee schedule for addition, FMCS proposes to increase the provided to the Attorney General if an on-line processing of panel requests. rates for requests which require staff appeal is filed pursuant to section (c) of The on-line processing category will processing and for requests for lists and Article XI of the Compact. maintain the costs for this service at the (i) The Council’s decision on the biographic sketches of arbitrators. fee of $30.00—the amount currently in dispute shall be based upon a majority DATES: Written comments must be effect for all requests for panels of vote of Council members or their submitted to the office listed in the arbitrators—since the costs for proxies present and voting at the addresses section below on or before electronic processing have not hearing. The Council’s decision on the January 24, 2003. significantly increased. The proposed revision to the dispute shall be published in the ADDRESSES: Send comments to Vella M. arbitration fee schedule in the Appendix Federal Register as provided by section Traynham, Director of Arbitration to 29 CFR part 1404 would create (a)(2) of Article XI and section (e) of Services, FMCS, 2100 K Street, NW., another category for requests that have Article VI. Washington, DC 20427 or by fax to (202) to be processed by FMCS staff. FMCS (j) The Council Chairman shall advise 606–3749. See SUPPLEMENTARY proposes to increase the fees in this Council members and hearing INFORMATION for other information category from the current $30.00 to participants of the right of appeal concerning comments. $50.00 for each panel. The increase in provided by section (c) of Article XI of Submit copies of electronic comments cost is based on several factors. The the Compact. to [email protected]. See complexity of the requests received and SUPPLEMENTARY INFORMATION for other § 902.6 Appeal to the Attorney General. processed by the staff in OAS has information concerning electronic filing. (a) The Federal Bureau of increased greatly. Parties are requesting FOR FURTHER INFORAMTION CONTACT: Investigation or a Compact Party State more than the standard seven names on may appeal the decision of the Council Vella M. Traynham, Director of a panel, and they are requesting to the U.S. Attorney General pursuant to Arbitration Services, FMCS, 2100 K multiple panels with up to 15 names on section (c) of Article XI of the Compact. Street, NW., Washington, DC 20427. each panel that require manual (b) Appeals shall be filed and Telephone, (202) 606–5111; Fax (202) exclusions, based on a collective conducted pursuant to rules and 606–3749. bargaining agreement. As a result, the procedures that may be established by SUPPLEMENTARY INFORMATION: In this staff time to process these requests has the Attorney General. rulemaking, FMCS proposes to amend increased, as well as the cost to mail the (c) Appropriate notice of an appeal its regulations in the Appendix to 29 panels. In addition, several increases in shall be communicated to the Council CFR part 1404 by replacing the general postage have occurred since the agency Chairman by the appealing party. category on the fee schedule for requests began charging for panels in October for panels with two new categories, one 1997. § 902.7 Court action. for processing electronic requests for Finally, FMCS proposes to revise the Pursuant to section (c) of Article XI of panels and the other for requests which Appendix to 29 CFR part 1404 by the Compact, a decision by the Attorney require processing by FMCS staff. increasing the cost for lists and General on an appeal under § 902.6 may Pursuant to 29 U.S.C. 171(b) and 29 biographical sketches of arbitrators in be appealed by filing a suit seeking to CFR part 1404, FMCS offers panels of specific areas from $10.00 per request

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plus $.10 per page to $25.00 per request economy of $100,000,000 or more; a ACTION: Proposed rule; request for and $.25 per page. All other fees in the major increase in costs or prices; or comment. Appendix would remain the same. significant adverse effects on competition, employment, investment, SUMMARY: NMFS proposes a regulatory Access to Information in Comments productivity, innovation, or on the amendment that would revise the Information submitted as a comment ability of United States-based monkfish days-at-sea (DAS) regulations concerning this document may be companies to compete with Foreign- found at 50 CFR part 648 in order to claimed confidential by marking any based companies in domestic and provide vessels possessing limited part or all of the information as ‘‘CBI.’’ export markets. access Category C or D monkfish Information so marked will not be permits the opportunity to fish their full disclosed but a copy of the comment List of Subjects in 29 CFR Part 1404 allocation of up to 40 monkfish DAS, that does contain CBI must be submitted Arbitration, Arbitration fees. regardless of the amount of Northeast for inclusion in the public record. FMCS For the reasons set forth in the (NE) multispecies DAS available to an may disclose information not marked preamble, FMCS proposes to amend the individual vessel as of August 1, 2002. confidential without prior notice. All Appendix to 29 CFR part 1404 as These regulations were modified as part written comments will be available for follows: of a August 1, 2002, interim final rule inspection in Room 704 at the implementing the Settlement Agreement Washington, DC address above from PART 1404—ARBITRATION SERVICES Among Certain Parties (Settlement Agreement), ordered by the U.S. District 8:30 am to 4:30 pm, Monday through 1. The authority citation for part 1404 Court for the District of Columbia in a Friday, excluding legal holidays. continues to read as follows: Remedial Order issued on May 23, 2002. Electronic Access and Filing Authority: 29 U.S.C. 172 and 29 U.S.C. 173 However, the August 1, 2002, interim All comments and data in electronic et seq. final rule unintentionally restricted form must be identified by the 2. Appendix to part 1404 is revised to monkfish DAS allocated under the appropriate agency form number. No read as follows: Monkfish Fishery Management Plan confidential business information (CBI) (Monkfish FMP) for limited access should be submitted through e-mail. Appendix to Part 1404—Arbitration Category C or D monkfish vessels that Policy; Schedule of Fees Regulatory Flexibility Act used NE multispecies DAS not in Annual listing fee for all arbitrators—$100 for conjunction with a monkfish DAS, The Director, in accordance with the the first address; $50 for the second during May through July, 2002. This Regulatory Flexibility Act (5 U.S.C. address regulatory amendment would also 606(b)), has reviewed this regulation Request for panel of arbitrators processed by revise ambiguous language to clarify and by approving it certifies that this FMCS staff—$50.00 that a vessel fishing under a Southern Request for panel of arbitrators processed on- regulation will not have a significant New England (SNE) and Mid-Atlantic economic impact on a substantial line—$30.00 Direct appointment of an arbitrator when a (MA) Yellowtail Flounder Possession/ number of small entities. The fees panel is not used—$20.00 per appointment Landing Letter of Authorization (LOA) assessed by FMCS for requests for List and biographic sketches of arbitrators in may fish in the Gulf of Maine (GOM) or panels are nominal and should not a specific area—$25.00 per request plus Georges Bank (GB) Regulated Mesh cause any significant economic effect on $.25 per page. Areas (RMAs), provided the vessel small entities which may request John J. Toner, abides by the more restrictive yellowtail arbitration panels.. Chief of Staff. flounder possession limits of the SNE and MA RMAs north of 40°00’ N. lat. Executive Order 12866 [FR Doc. 02–29481 Filed 11–22–02; 8:45 am] DATES: Public comments must be This regulation has been deemed BILLING CODE 6372–01–P significant under Section 3(f)(3) of received on or before December 10, Executive Order 12866 and as such has 2002. been submitted to and reviewed by the DEPARTMENT OF COMMERCE ADDRESSES: Comments on the proposed Office of Management and Budget. rule should be sent to Patricia A. Kurkul, Regional Administrator, Unfunded Mandates Reform Act of National Oceanic and Atmospheric Northeast Region, NMFS, One 1995 Administration Blackburn Drive, Gloucester, MA This rule will not result in the 50 CFR Part 648 01930–2298. Mark the outside of the expenditure by State, local, and tribal envelope ‘‘Comments on regulatory governments, in the aggregate, or by the [Docket No. 020409080–2277–06; I.D. amendment.’’ Comments may also be private sector, of $100,000,000 or more 101802B] submitted via facsimile (fax) to 978– in any one year, and it will not RIN 0648–AP78 281–9135. Comments will not be significantly or uniquely affect small accepted if submitted via e-mail or the Governments. Therefore, no actions Magnuson-Stevens Fishery Internet. Copies of the Regulatory were deemed necessary under the Conservation and Management Act Impact Review (RIR) prepared for this provisions of the Unfunded Mandates Provisions; Fisheries of the action are available from the Regional Reform Act of 1995. Northeastern United States; Administrator. The document is also Small Business Regulatory Enforcement Regulations Governing Northeast accessible via the Internet at http:// Fairness Act of 1996 Multispecies and Monkfish Days-at- www.nero.nmfs.gov. Sea This rule is not a major rule as FOR FURTHER INFORMATION CONTACT: defined by section 804 of the Small AGENCY: National Marine Fisheries Allison Ferreira, Fishery Policy Analyst, Business Regulatory Enforcement Service (NMFS), National Oceanic and phone: 978–281–9103, fax: 978–281– Fairness Act of 1996. This rule will not Atmospheric Administration (NOAA), 9135, e-mail: [email protected]. result in an annual effect on the Commerce. SUPPLEMENTARY INFORMATION:

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Background and B vessels) may fish their monkfish- difference between the number of its NMFS published an interim final rule only DAS in a fishery exempted under unused monkfish DAS and its unused on August 1, 2002 (67 FR 50292), to the 5–percent regulated multispecies NE multispecies DAS as of August 1, reduce overfishing consistent with and bycatch provisions. Implementation of 2002, in addition to the unused pursuant to section 305(c)(3) of the the freeze and reduction in DAS without monkfish DAS associated with the Magnuson-Stevens Fishery regard for monkfish DAS, however, have vessel’s unused NE multispecies DAS as Conservation and Management Act, restricted certain limited access of August 1, 2002. An example of how while Amendment 13 to the Northeast monkfish vessels to fishing only the the monkfish-only DAS are calculated Multispecies Fishery Management Plan number of monkfish DAS equivalent to under the current interim rule versus is being developed. Under the the number of NE multispecies DAS this proposed regulatory amendment for provisions of section 305(c)(3) of the allocated under the August 1, 2002, the 2002 fishing year follows. Magnuson-Stevens Act, interim interim final rule, minus the NE Under the Current Interim Rule - For measures shall remain in effect for not multispecies DAS fished during May - this example, a vessel was allocated 20 more than 180 days after the date of July, 2002. There was no intent NE multispecies DAS pursuant to the publication, and may be extended by specified in the Settlement Agreement August 1, 2002, interim rule. The vessel publication in the Federal Register for to further restrict monkfish harvest used 10 NE multispecies DAS from May one additional period of not more than through DAS or other measures, when 1 - July 31, 2002, but did not use any 180 days, provided that the public has NMFS revised § 648.92(b)(2) in the monkfish DAS. Under the August 1, had an opportunity to comment on the August 1, 2002, interim final rule. 2002, interim rule calculation, the interim measures. Because of the Court’s Therefore, NMFS intended to enable vessel can fish, as monkfish-only DAS, Remedial Order, it is very likely that limited access Category C or D monkfish the difference between 40 (monkfish NMFS will extend the interim final rule vessels to fish their full allocations of 40 DAS) and the number of NE beyond the first 180–day period. NMFS DAS. multispecies DAS allocated. In this case, will announce any extension by The August 1, 2002, interim final rule, the resulting number is 20 monkfish- publishing a notification in the Federal as currently written, specifies that only DAS (40 monkfish DAS - 20 Register. Because this proposed rule Category C or D monkfish vessels that allocated NE multispecies DAS = 20 will amend the August 1, 2002, interim have been allocated fewer than 40 NE monkfish-only DAS). However, because rule, this proposed rule, if approved and multispecies DAS may fish, as the vessel has only 10 unused NE implemented by NMFS, will remain in monkfish-only DAS, those monkfish multispecies DAS, it can only fish 10 of effect for the duration of the August 1, DAS equal to the difference between the remaining 20 monkfish DAS (which 2002, interim final rule, including any their NE multispecies DAS allocation must be linked to NE multispecies extensions. and their monkfish DAS allocation for DAS), plus the 20 monkfish-only DAS. The August 1, 2002, interim final rule the fishing year May 1 through April 30. Therefore, the vessel can use only 30 implemented additional measures However, this does not account for monkfish DAS out of its 40 allocated intended to reduce overfishing on those vessels that used NE multispecies monkfish DAS for the 2002 fishing year species managed under the NE DAS prior to August 1, 2002, and, as a under the August 1, 2002, interim final Multispecies Fishery Management Plan result, had fewer unused NE rule. as specified in the Settlement multispecies than unused monkfish Under the Proposed Regulatory Agreement, including a freeze on the DAS as of August 1, 2002. This Amendment - Under this proposed use of DAS and a 20–percent reduction omission was recognized by NMFS regulatory amendment, assuming the in effort from the highest amount of shortly after implementation of the same facts as above, the calculation of DAS fished during the fishing years August 1, 2002, interim final rule. monkfish-only DAS would be based on 1996–2000. Under the monkfish DAS Because such vessels would not be the difference between the vessel’s regulations implemented through the provided the opportunity to fish their unused monkfish DAS and its unused Monkfish FMP (64 FR 54732, October 7, full 40 monkfish DAS allocations for the NE multispecies DAS as of August 1, 1999), all limited access monkfish 2002 fishing year, NMFS is proposing 2002. This would result in 30 monkfish- vessels are allocated up to 40 monkfish this regulatory amendment to revise only DAS (40 unused monkfish DAS - DAS per fishing year (May 1 through § .92(b)(2). This proposed regulatory 10 unused multispecies DAS = 30 April 30). Vessels that hold a limited amendment would enable Category C or monkfish-only DAS). The vessel could access monkfish Category C or D permit D monkfish vessels to fish their also fish an additional 10 monkfish DAS (i.e., vessels that possess both a limited monkfish DAS that were unused as of in combination with its 10 unused access monkfish and limited access NE August 1, 2002, regardless of how many multispecies DAS, for a total of 40 multispecies DAS permit) must run both NE multispecies DAS are available to monkfish DAS available for the 2002 their monkfish DAS clock and their NE them. Therefore, for the 2002 fishing fishing year. multispecies DAS clock concurrently year, this regulatory amendment would This example, and the calculations of when fishing under a monkfish DAS. authorize a vessel to fish its monkfish- monkfish-only DAS under the August 1, Limited access monkfish vessels that do only DAS (i.e., monkfish DAS that do 2002, interim final rule and this not have a limited access NE not have to be fished concurrently with regulatory amendment are also multispecies permit (i.e., Category A a NE multispecies DAS) equal to the illustrated in Table 1.

TABLE 1. CALCULATION OF MONKFISH-ONLY DAS UNDER INTERIM FINAL RULE AND PROPOSED REGULATORY AMENDMENT.

ABCDEFGH

Monkfish DAS Allocated Monkfish Mult. DAS Mult. DAS Unused Unused Monkfish Total Monkfish DAS used Allocated Used Monkfish Mult. DAS only DAS DAS Available for DAS 2002 FY August 1, 2002, Interim Final Rule

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TABLE 1. CALCULATION OF MONKFISH-ONLY DAS UNDER INTERIM FINAL RULE AND PROPOSED REGULATORY AMENDMENT.— Continued

ABCDEFGH

40 0 20 10 40 (A - B) 10 (C - D) 20 (A - C) 30 (F + G) Proposed Regulatory Amendment 40 0 20 10 40 (A - B) 10 (C - D) 30 (E - F) 40 (F + G)

As under the current interim rule, Classification Possession/Landing LOA, but under the vessels would be required to fish their This proposed rule has been more restrictive yellowtail flounder monkfish-only DAS under the same determined to be not significant for possession limits of the SNE and MA ° provisions as limited access monkfish purposes of Executive Order 12866. RMAs north of 40 00’ N. lat. Category A and B vessels under these The Chief Counsel for Regulation of The proposed regulatory amendment proposed regulations. Limited access the Department of Commerce certified will result in increased revenues to monkfish Category A and B vessels are to the Chief Counsel for Advocacy of the vessels participating in the directed required to fish their monkfish DAS in Small Business Administration that this monkfish fishery without increasing an existing monkfish exempted fishery, proposed rule, if adopted, would not costs. Therefore, this regulation does not which are specified under § 648.81. A have a significant economic impact on significantly reduce profit for a map of these exemption areas is also a substantial number of small entities. substantial number of small entities. available from the Northeast Regional The proposed regulatory amendment Furthermore, the objective of the Office of NMFS (see contact would impact those vessels possessing a proposed regulatory amendment is to information). limited access Category C or D monkfish provide all limited access monkfish This regulatory amendment would permit that had fewer NE multispecies vessels with equal opportunity to use not apply to the 2003 fishing year. For DAS than monkfish DAS as of August their full annual allocation of 40 the 2003 fishing year, vessels that have 1, 2002. Currently, there are 651 vessels monkfish DAS. As a result, this action been allocated fewer NE multispecies that hold a limited access Category C or will not affect small entities DAS than monkfish DAS would fish the D monkfish permit, all of which are disproportionally, nor will it lessen difference in DAS as monkfish-only considered to be small entities. their long-term profitability. In DAS, as stipulated in the August 1, However, an analysis of NMFS’ DAS summary, this proposed regulatory 2002, interim final rule. database shows that only 141 vessels amendment makes only minor revisions This regulatory amendment would had fewer monkfish DAS than NE to the August 1, 2002, interim final rule. also revise ambiguous language at multispecies DAS remaining as of Therefore, a regulatory flexibility § 648.86(h)(2) (ii) to clarify that a vessel August 1, 2002, and therefore would be analysis was not prepared. fishing under a SNE and MA Yellowtail impacted by this proposed action. These This proposed rule does not Flounder Possession/Landing LOA may 141 vessels would be allocated a total of duplicate, overlap or conflict with other fish in the GOM or GB RMAs, provided 2,700 monkfish-only DAS; DAS that the vessel abides by the more restrictive could be fished separate from a NE Federal rules, and does not contain new yellowtail flounder possession limits of multispecies DAS, once a vessel’s NE reporting or recordkeeping the SNE and MA RMAs north of 40°00’ multispecies DAS have been utilized. requirements. This proposed rule also N. lat. Existing regulations authorize The current interim rule impacts 121 takes into consideration the monkfish vessels that possess a SNE and MA vessels that have been allocated fewer regulations under § 648.92 in order to be Yellowtail Flounder Possession/Landing monkfish DAS than NE multispecies consistent with the objectives of the LOA to transit the GOM and GB RMAs, DAS for the 2002 fishing year. These Monkfish FMP. if the gear is stowed properly on board 121 vessels have been allocated a total List of Subjects in 50 CFR Part 648 the vessel. However, this regulation of 2,200 monkfish-only DAS. Therefore, neither prohibits nor allows such this proposed rule would provide Fisheries, Fishing, Reporting and vessels to fish in the GOM or GB RMAs approximately 20 additional vessels recordkeeping requirements under the more restrictive yellowtail with the opportunity to utilize their full Dated: November 19, 2002. flounder possession limits of the SNE allocation of 40 monkfish DAS during Rebecca Lent, and MA RMAs. The intent of the August the 2002 fishing year. The additional Deputy Assistant Administrator for 1, 2002, interim final rule was to allow number of vessels impacted by this Regulatory Programs,National Marine vessels possessing a SNE and MA action is not considered to be Fisheries Service. Yellowtail Flounder Possession/Landing substantial. LOA to fish any part of a trip in the This proposed rule may also impact For the reasons set out in the GOM or GB RMAs, provided that they all vessels that hold a limited access NE preamble, 50 CFR part 648 is proposed abide by the more restrictive yellowtail multispecies permit, since it clarifies to be amended as follows: flounder possession limits of the SNE existing regulations concerning ° PART 648--FISHERIES OF THE and MA RMAs north of 40 00’ N. lat. yellowtail flounder possession NORTHEASTERN UNITED STATES Therefore, this proposed regulatory restrictions. There are currently 1,363 amendment would revise the language vessels that possess a limited access NE 1. The authority citation for part 648 at § 648.86(h)(2)(ii) to clarify that vessels multispecies permit. These vessels continues to read as follows: possessing a SNE and MA Yellowtail might realize a slight positive impact, Flounder Possession/Landing LOA may since it would be clear in the Authority: Authority: 16 U.S.C. 1801 et fish in the GOM or GB RMAs under the regulations that they could fish in the seq. more restrictive yellowtail possession GOM and GB RMAs while in possession 2. In § 648.86, paragraph (h)(2) (ii) is limits of the SNE and MA RMAs. of a SNE and MA Yellowtail Flounder revised to read as follows:

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§ 648.86 Multispecies possession (ii) Beginning May 1, 2003. Each harvest guideline has been calculated restrictions. monkfish DAS used by a limited access according to the regulations * * * * * multispecies or scallop vessel holding a implementing the Coastal Pelagic (h) * * * Category C or D limited access monkfish Species (CPS) Fishery Management Plan (2) * * * permit shall also be counted as a (FMP) and establishes allowable harvest (ii) The vessel does not fish south of multispecies or scallop DAS, as levels for Pacific sardine off the Pacific ° 40 00’ N. lat. for a minimum of 30 applicable, except when a Category C or coast. consecutive days (when fishing under D vessel that has an allocation of DATES: Comments must be received by the NE multispecies DAS program, or multispecies DAS under § 648.82(l) that December 10, 2002. under the monkfish DAS program if the is less than the number of monkfish ADDRESSES: Send comments on the vessel is fishing under the limited DAS allocated for the fishing year May proposed rule to Rodney R. McInnis, access monkfish Category C or D 1 through April 30, that vessel may fish Acting Administrator, Southwest provisions). Vessels subject to these under the monkfish limited access Region, NMFS, 501 West Ocean Blvd., restrictions may fish any portion of a Category A or B provisions, as Suite 4200, Long Beach, CA 90802– trip in the GOM and GB Regulated Mesh applicable, for the number of DAS that 4213. The report Stock Assessment of Areas, provided the vessel complies equal the difference between the Pacific Sardine with Management with the possession restrictions number of its allocated monkfish DAS Recommendations for 2003 may be specified under this paragraph (h). and the number of its allocated obtained at this same address. Vessels subject to these restrictions may multispecies DAS. For such vessels, FOR FURTHER INFORMATION CONTACT: also transit the SNE and MA Regulated when the total allocation of Mesh Areas south of 40°00’ N. lat., James J. Morgan, Southwest Region, multispecies DAS have been used, a NMFS, 562–980–4036. provided the gear is stowed in monkfish DAS may be used without accordance with one of the provisions of SUPPLEMENTARY INFORMATION: The FMP, concurrent use of a multispecies DAS. which was implemented by publication § 648.23(b). (For example, if a monkfish Category D * * * * * of the final rule in the Federal Register vessel’s multispecies DAS allocation is on December 15, 1999 (64 FR 69888), 3. In § 648.92, paragraph (b)(2) is 30, and the vessel fished 30 monkfish divides management unit species into revised to read as follows: DAS, 30 multispecies DAS would also two categories: actively managed and § 648.92 Effort-control program for be used. However, after all 30 monitored. Harvest guidelines for monkfish limited access vessels. multispecies DAS are used, the vessel actively managed species (Pacific may utilize its remaining 10 monkfish * * * * * sardine and Pacific mackerel) are based (b) * * * DAS to fish on monkfish, without a on formulas applied to current biomass (2) Category C and D limited access multispecies DAS being used, provided estimates. Biomass estimates are not monkfish permit holders. (i) August 1, that the vessel fishes under the calculated for species that are only 2002 - April 30, 2003. Each monkfish regulations pertaining to a Category B monitored (jack mackerel, northern DAS used by a limited access vessel and does not retain any regulated anchovy, and market squid). multispecies or scallop vessel holding a multispecies.) At a public meeting each year, the Category C or D limited access monkfish * * * * * biomass for each actively managed permit shall also be counted as a [FR Doc. 02–29895 Filed 11–22–02; 8:45 am] species is reviewed by the Pacific multispecies or scallop DAS, as BILLING CODE 3510–22–S Fishery Management Council’s applicable, unless otherwise specified (Council) Coastal Pelagic Species in this paragraph (b). A Category C or D Management Team (Team). The vessel that had fewer unused DEPARTMENT OF COMMERCE biomass, harvest guideline, and status of multispecies DAS than unused the fisheries are then reviewed at a monkfish DAS as of August 1, 2002, National Oceanic and Atmospheric public meeting of the Council’s CPS may fish under the limited access Administration Advisory Subpanel (Subpanel). This monkfish provisions for Category A or B information is also reviewed by the vessels, as applicable, for the number of 50 CFR Part 660 Council’s Scientific and Statistical DAS that equal the difference between [Docket No. 021112272–2272–01; I.D. Committee (SSC). The Council reviews its unused monkfish DAS and unused 110202D] reports from the Team, Subpanel, and multispecies DAS as of August 1, 2002. SSC, and then, after providing time for For such vessels, when the total RIN 0648–AP88 public comment, makes its allocation of multispecies DAS has been Fisheries Off West Coast States and in recommendation to NMFS. The annual used, a monkfish DAS may be used the Western Pacific; Coastal Pelagic harvest guideline and season structure without concurrent use of a Species Fisheries; Annual are published by NMFS in the Federal multispecies DAS. (For example, if a Specifications Register as soon as practicable before monkfish Category D vessel has 10 NE the beginning of the appropriate fishing multispecies DAS and 40 monkfish DAS AGENCY: National Marine Fisheries season. The Pacific sardine season remaining as of August 1, 2002, that Service (NMFS), National Oceanic and begins on January 1 and ends on vessel may use the remaining 30 Atmospheric Administration (NOAA), December 31 of each year. monkfish DAS to fish on monkfish, Commerce. The CPS Team, Subpanel, and SSC without a NE multispecies DAS being ACTION: Proposed rule. meetings as described above were held used, once the remaining 10 NE as in the past. The Team meeting took multispecies DAS have been utilized. SUMMARY: NMFS proposes a regulation place at the Southwest Regional Office However, the vessel must fish the to implement the annual harvest in Long Beach, CA, on October 8, 2002. remaining 30 monkfish DAS under the guideline for Pacific sardine in the U.S. A public meeting between the Team and regulations pertaining to a Category B exclusive economic zone off the Pacific the Subpanel was held at the same vessel, and must not retain any coast for the fishing season January 1, location that afternoon. The Council regulated multispecies.) 2003, through December 31, 2003. This reviewed the report at its October-

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November meeting in Foster City, CA, The sardine population was estimated Subarea B, which is south of 35°40′ N. when it heard comments from its using a modified version of the lat. to the Mexican border. The northern advisory bodies and the public. integrated stock assessment model allocation is 36,969 mt; the southern Based on a biomass estimate of called Catch at Age Analysis of Sardine allocation is 73,939 mt. Two Area Model (CANSAR TAM). 999,871 metric tons (mt), the harvest Classification guideline for Pacific sardine for January CANSAR-TAM is a forward-casting, age- 1, 2003, through December 31, 2003, is structured analysis using fishery These proposed specifications are 110,908 mt. The biomass estimate is dependent and fishery independent data issued under the authority of, and are in slightly lower than last year’s estimate; to obtain annual estimates of sardine accordance with, the Magnuson-Stevens however, this year’s biomass is not abundance, year-class strength, and age- Fishery Conservation and Management statistically different from those specific fishing mortality for 1983 Act, the FMP, and 50 CFR part 660 estimates calculated in the past. through 2002. The modification of subpart I (the regulations implementing Nevertheless, estimates from recent CANSAR-TAM was developed to the FMP). years suggest that the rapid growth of account for the expansion of the Pacific This proposed rule has been the biomass observed since 1983 is sardine stock northward to include determined to be not significant for leveling off. waters off the northwest Pacific coast. purposes of Executive Order 12866. Information on the fishery and the stock The harvest guideline is allocated The Chief Counsel for Regulation of assessment are found in the report Stock one-third for Subarea A, which is north the Department of Commerce certified Assessment of Pacific Sardine with of 35°40′ N. lat. (Pt. Piedras Blancas, to the Chief Counsel for Advocacy of the Management Recommendations for CA) to the Canadian border, and two- Small Business Administration that this 2003 (see ADDRESSES). thirds for Subarea B, which is south of proposed rule, if adopted, would not 35°′ N. lat. to the Mexican border. Under The formula in the FMP uses the following factors to determine the have a significant economic impact on this proposed rule, the northern a substantial number of small entities as allocation for 2003 would be 36,969 mt; harvest guideline: 1. The biomass of age one sardine and follows: the southern allocation would be 73,939 above. For 2003, this estimate is 999,871 The harvest guideline is lower than those mt. In 2002, the northern allocation was of recent years; however, the harvest mt. 39,481 mt and the southern allocation 2. The cutoff. This is the biomass guideline has not been achieved in recent was 78,961 mt. years. From 1999 through 2001, landings level below which no commercial were 60,000 mt, 72,000 mt, and 77,000 mt Normally, an incidental landing fishery is allowed. The FMP established allowance of sardine in landings of respectively. Landings are likely to reach this level at 150,000 mt. 86,000 mt in 2002. Based on the landings other CPS is set at the beginning of the 3. The portion of the sardine biomass estimate of approximately 86,000 mt for 2002 fishing season. The incidental that is in U.S. waters. For 2003, this and the 2002 harvest guideline of 118,442, allowance would become effective if the estimate is 87 percent, based on the approximately 32,000 mt is likely to remain harvest guideline is reached and the average of larval distribution obtained unharvested by the end of 2002. Accordingly, fishery closed. A landing allowance of from scientific cruises and the vessels and processors will not be sardine up to 45 percent by weight of distribution of the resource obtained economically impacted because there is any landing of CPS is authorized by the from logbooks of fish-spotters. sufficient resource available to satisfy all FMP. An incidental allowance prevents 4. The harvest fraction. This is the available markets. Although markets have fishermen from being cited for a expanded for this resource, from 1999 percentage of the biomass above 150,000 through 2001, 17,000 mt, 50,000 mt, and violation when sardine occur in schools mt that may be harvested. The fraction 59,000 mt has gone unharvested. Real ex- of other CPS, and it minimizes bycatch used varies (5–15 percent) with current vessel revenue per ton has increased as well of sardine if sardine are inadvertently ocean temperatures. A higher fraction is as total ex-vessel revenue, which suggests a caught while fishing for other CPS. used for warmer ocean temperatures, growing diversity in markets. Sardine landed with other species also which favor the production of Pacific Hence, implementation of these requires sorting at the processing plant, sardine, and a lower fraction is used for specifications would not have a which adds to processing costs. Mixed cooler temperatures. For 2003, the significant economic impact on a species in the same load may damage fraction was 15 percent based on three substantial number of small entities. As smaller fish. The Subpanel discussed seasons of sea surface temperature at a result, no regulatory flexibility this issue and noted that the fish off Scripps Pier, California. analysis for this rule has been prepared. Oregon and Washington, both sardine Based on the estimated biomass of Authority: 16 U.S.C. 1801 et seq. and mackerel, are generally larger than 999,871 mt and the formula in the FMP, the fish off southern California and a harvest guideline of 110,908 mt was Dated: November 20, 2002. markets differ in the two areas; determined for the fishery beginning Rebecca Lent, therefore, deciding what the allowance January 1, 2003. The harvest guideline Deputy Assistant Administrator for should be for the entire fishery was is allocated one-third for Subarea A, Regulatory Programs, National Marine difficult. The Subpanel did not agree on which is north of 35°40′ N. lat. (Pt. Fisheries Service. an appropriate allowance. Public Piedras Blancas, California) to the [FR Doc. 02–29894 Filed 11–22–02; 8:45 am] comment is sought on this issue. Canadian border, and two-thirds for BILLING CODE 3510–22–S

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Notices Federal Register Vol. 67, No. 227

Monday, November 25, 2002

This section of the FEDERAL REGISTER agencies may also be involved, Decision Attachment A, sections C and contains documents other than rules or including the Forest Service’s Pacific D. This interpretation is not what was proposed rules that are applicable to the Northwest and Pacific Southwest intended by the Agencies, and makes it public. Notices of hearings and investigations, Research Stations, Bureau of Indian nearly impossible to implement any committee meetings, agency decisions and Affairs, National Park Service, management actions that could have rulings, delegations of authority, filing of petitions and applications and agency Environmental Protection Agency any effect on riparian areas. statements of organization and functions are (EPA), U.S. Army Corps of Engineers, The proposed action would replace examples of documents appearing in this Natural Resources Conservation Service, portions of text in the Record of section. the U.S. Geological Survey Biological Decision at pages i, A–6, B–10, and C– Resources Division, EPA Research 1 of Attachment A with text that clearly Laboratory, and Tribal, local, and state reflects the Agencies’ original intent. DEPARTMENT OF AGRICULTURE governments. Although the two The SEIS will disclose the anticipated Agencies have no plans to hold public effects of the proposed action, as well as Office of the Secretary scoping meetings regarding this of the interpretation as stated in the proposed action, public comments are Ninth Circuit’s decision. The SEIS will Clarification of Language in the 1994 invited. also consider relevant new science since Record of Decision for the Northwest DATES: Comments concerning the scope 1994 and Northwest Forest Plan Forest Plan; National Forests and implementation monitoring results. Bureau of Land Management Districts of the analysis should be received in writing by December 26, 2002. Adoption of the proposed action Within the Range of the Northern would affect National Forest System Spotted Owl; Western Oregon and ADDRESSES: Send written comments (NFS) lands and public lands Washington, and Northwestern concerning this proposal to: Comments, administered by the BLM within the California SEIS for Aquatic Conservation Strategy, range of the northern spotted owl, P.O. Box 2965, Portland, Oregon 97208. AGENCY: generally in western Oregon and Office of the Secretary, USDA. Copies of the Record of Decision and ACTION: Notice of intent to prepare a Washington, and in northwestern Attachment A to the Record of Decision California. supplement to a final environmental can be obtained electronically at impact statement. The Record of Decision for this SEIS http://www.reo.gov/library/reports/ will amend, for the Forest Service, the newsandga.pdf. Hard copies can be SUMMARY: The Forest Service and the following National Forest Land and Bureau of Land Management (BLM) obtained from the Office of Strategic Resource Management Plans: Gifford (collectively the Agencies) will prepare Planning; P.O. Box 3623, Portland, Pinchot, Mt. Baker-Snoqualmie, and consider a supplemental Oregon 97208. Olympic, Wenatchee and Okanogan environmental impact statement (SEIS) FOR FURTHER INFORMATION CONTACT: National Forests in Washington; on a proposal to amend the Record of Joyce Casey, SEIS Team Leader, P.O. Deschutes, Mt. Hood, Rogue River, Decision for the Northwest Forest Plan, Box 2965, Portland, Oregon 97208. Siuslaw, Siskiyou, Umpqua, Willamette, which was signed on April 13, 1994. SUPPLEMENTARY INFORMATION: The and Winema National Forests in Specifically, this proposed action will Agencies propose to amend the Aquatic Oregon; and Six Rivers, Klamath, make the Aquatic Conservation Strategy Conservation Strategy (ACS) in Lassen, Mendocino, Modoc, and Shasta- (ACS) in the Record of Decision Attachment A of the Record of Decision, Trinity National Forests in California. consistent with the original intent of the entitled, ‘‘Standards and Guidelines for The responsible official for NFS lands report prepared by the Forest Ecosystem Management of Habitat for Late- will be the Secretary of Agriculture. Management Assessment Team, entitled Successional and Old-Growth Forest The Record of Decision for this SEIS ‘‘Forest Ecosystem Management: An Related Species Within the Range of the will amend, for the Bureau of Land Ecological, Economic, and Social Northern Spotted Owl.’’ The ACS was Management, the following Resource Assessment Report of the Forest designed to operate over multiple Management Plans: Salem, Eugene, Ecosystem Management Assessment spatial scales, with a focus on the Roseburg, Medford, and Coos Bay Team (FEMAT Report).’’ The proposed broader scales (watershed and Districts in Oregon; the Klamath Falls action would amend land and resource landscape). In recent litigation involving Resource Area of the Lakeview District, management plans for National Forests claims under the Endangered Species also in Oregon; the Arcata, Redding, and and BLM Districts within the range of Act, the Ninth Circuit interpreted the Ukiah field offices in California, and the northern spotted owl (generally ACS provisions of the Northwest Forest also the King Range National western Oregon and Washington, and Plan. Conservation Area Management Plan in northwestern California). In Pacific Coast Federation of the Arcata Resource Area in California. The Forest Service and BLM will be Fishermen’s Associations v. National This decision would not apply to the joint lead agencies for this proposal. The Marine Fisheries Service, 265 F.3d 1028 Headwaters area in California, for which two Agencies will consult as (9th Cir. 2001) the Ninth Circuit a separate management plan is being appropriate with the U.S. Fish and interpreted the ACS provisions as written. The responsible official for Wildlife Service and National requiring that each project be consistent public lands administered by BLM will Oceanographic and Atmospheric with the overall ACS at the site-specific be the Secretary of the Interior. Administration Fisheries (NOAA scale, rather than simply satisfying the Preliminary issues expected to be Fisheries), pursuant to the Endangered Standards and Guidelines set forth in addressed in the SEIS include: ensuring Species Act (ESA). Other Federal the Northwest Forest Plan’s Record of that the proposed minor changes in

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language do not slow the momentum of contentions. Vermont Yankee Nuclear located at 4700 River Road, Riverdale, the Agencies’ substantial investment in Power Corp. v. NRDC, 435 U.S. 519, 533 MD. watershed restoration and aquatic (1978). Also, environmental objections FOR FURTHER INFORMATION CONTACT: habitat improvement; and whether the that could be raised at the draft SEIS Registration Information: Persons proposed action meets all applicable stage, but that are not raised until after interested in registering for the meetings laws and regulations including the completion of the final SEIS, may be or in obtaining more information about Oregon and California Lands Act, the waived or dismissed by the courts. City USDA’s efforts to develop accounting Federal Land Policy and Management of Angoon v. Hodel, 803 F.2d 1016, rules and guidelines for forest and Act, the National Forest Management 1022 (9th Cir. 1986) and Wisconsin agriculture greenhouse gas offsets Act, and the Endangered Species Act, Heritages, Inc. v. Harris, 490 F. Supp. should visit the following web site: and those statutes’ implementing 1334, 1338 (E.D. Wis. 1980). Because of http://www.usda.gov/agency/oce/gcpo/ regulations. these court rulings, it is very important greenhousegasreporting.htm. Although scoping is not required for that those interested in this proposed supplements to environmental impact The website will also be used to make action participate by the close of the 90- available draft and final meeting statements (40 CFR 1502.9(c)(4)), the day comment period so that substantive Agencies are inviting scoping comments agendas, information on lodging, and comments and objections are made any background papers or other at this time. Comments are sought (1) to available to the Agencies at a time when help the Agencies identify issues to be information made available before the the Agencies can meaningfully consider meetings. addressed in the SEIS; (2) to identify them and respond to them in the final significant issues related to the Technical Information: William SEIS. Holhenstein, Director, Global Change proposed action; refine the proposed It is expected that the final SEIS will action; (3) to identify reasonable Program Office, U.S. Department of be filed with the EPA approximately Agriculture, Room 112–A, Whitten alternatives to the proposed action; and July 2003. The Agencies anticipate there (4) to identify interested and affected Federal Building, 1400 Independence will be a Record of Decision signed in Avenue, SW., Washington, DC 20250– persons. For comments to be most August 2003. useful in this analysis, they should be 3810. submitted in writing by the date Dated: November 20, 2002. (Note: due to precautionary screening of identified above. To assist the Agencies David P. Tenny, mail to Federal offices, some delays should in identifying and considering issues Deputy Under Secretary, Natural Resource be expected.) and concerns on the proposed action, and Environment. Logistical Information: Inquiries comments should be as specific as [FR Doc. 02–29951 Filed 11–21–02; 10:33 regarding the logistics for these possible. am] meetings may be e-mailed to The Agencies have no plans to BILLING CODE 3410–11–P [email protected]. conduct public scoping meetings. However, a scoping letter will be SUPPLEMENTARY INFORMATION: On prepared and circulated to affected DEPARTMENT OF AGRICULTURE February 14, 2002, the President Federal, State, and local agencies, directed the Secretary of Agriculture, in affected tribes, and individuals and Accounting Rules and Guidelines for consultation with the Department of organizations previously expressing an Forest and Agriculture Greenhouse Energy and the Environmental interest in the ACS. Gas Offsets Protection Agency, to develop accounting rules and guidelines for The draft SEIS is expected to be filed AGENCY: Office of the Chief Economist, crediting sequestration projects, taking with the EPA in February 2003 and will Global Change Program Office. be available for public review. The into account emerging domestic and comment period on the draft SEIS will ACTION: Notice of registration for international approaches. Given the be 90 days from the date the EPA meetings. interactions between carbon sequestration and other greenhouse gas publishes the notice of availability in SUMMARY: The Department of fluxes from land uses, USDA intends to the Federal Register. It is helpful if Agriculture will hold two meetings to develop accounting rules and guidelines comments refer to specific pages or solicit input on the accounting rules and for carbon and other greenhouse gas chapters of the draft document. guidelines for forest and agriculture fluxes from land use practices (crops, Comments may also address the greenhouse gas offsets that will be used animal agriculture, range and pasture, adequacy of the draft SEIS or the merits in the Department of Energy’s 1605(b) of the alternatives formulated and and forests). greenhouse gas reporting system. These discussed in the statement. Reviewers On February 14, 2002, the President meetings will address technical may wish to refer to the Council on also directed the Secretary of Energy, in methodological issues associated with Environmental Quality Regulations for consultation with the Secretary of preparing estimates of greenhouse gas implementing the procedural provisions Commerce, the Secretary of Agriculture, offsets from agriculture and forestry of the National Environmental Policy and the Administrator of the activities and reporting them under Act at 40 CFR 1503.3 in addressing Environmental Protection Agency to DOE’s 1605(b) program. these points. proposed improvements to the current The Agencies believe, at this early DATES: The Department will hold the voluntary emission reduction stage, it is important to give reviewers meetings on the following dates: registration program under section notice of several court rulings related to 1. Agriculture Accounting Rules and 1605(b) of the 1992 Energy Policy Act public participation in the Guidelines, January 14–15, 2003, 8:30 within 120 days. These improvements environmental review process. First, a.m. to 5 p.m., Riverdale, MD. will enhance measurement accuracy, reviewers of the draft SEIS must 2. Forest Accounting Rules and reliability, and verifiability, working structure their participation in the Guidelines, January 23, 2003, 8:30 a.m. with and taking into account emerging environmental review of the proposal so to 5 p.m., Riverdale, MD. domestic and international approaches. that it is meaningful and alerts an ADDRESSES: The workshops will be held To achieve these objectives it will be agency to the reviewer’s position and at the Department of Agriculture Center necessary to supplement or supplant the

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existing guidelines with new, more the workshop at: http://www.usda.gov/ OMB Number: 0560–0221. rigorous reporting requirements. On July agency/oce/gcpo/ Expiration Date of Approval: 8, 2002, the Secretaries of Energy, greenhousegasreporting.htm. December 31, 2002. Agriculture, and Commerce, and the Dated: November 15, 2002. Type of Request: Extension with no Administrator of the Environmental Keith Collins, Protection Agency wrote to be the revision. Chief Economist. President stating that the improvements Abstract: This information collection to the existing Voluntary Greenhouse [FR Doc. 02–29881 Filed 11–22–02; 8:45 am] is necessary to support the FSA Horse Gas Reporting Programs should: BILLING CODE 3410–38–M Breeder Loan program, which is 1. Develop fair, objective, and authorized under the Agriculture, Rural practical methods for reporting Development, Food and Drug baselines, reporting boundaries, DEPARTMENT OF AGRICULTURE Administration and Related calculating real results, and awarding Farm Service Agency Appropriation Act, 2002. The transferable credits for actions that lead respondents are the horse breeders who to real reductions. Information Collection; Horse Breeder suffered losses resulting from MLRS. 2. Standardize widely accepted, Loan Program Horse breeders must submit the forms transparent accounting methods. and other information to FSA loan 3. Support independent verification of AGENCY: Farm Service Agency, USDA. officials to verify the evidence of losses registry reports. ACTION: Notice; request for comment. before making eligibility and financial 4. Encourage reporters to report determinations on their loan request. If greenhouse gas intensity (emissions per SUMMARY: In accordance with the the information is not collected from unit of output) as well as emissions or Paperwork Reduction Act of 1995, the each horse breeder, FSA loan official emissions reductions. Farm Service Agency is seeking will not able to make eligibility and 5. Encourage corporate or entity-wide comments from all interested feasibility decisions. reporting. individuals and organizations on the 6. Provide credits for actions to extension of currently approved Estimate of Annual Burden: 1.572 remove carbon dioxide from the information collection that supports the hours per responses. atmosphere as well as for actions to Horse Breeder Loan program. This Estimated Annual Number of reduce emissions. program is to provide loans to the horse Respondents: 800. 7. Develop a process for evaluating breeders who have suffered economic Estimated Annual Number of the extent to which past reductions may losses resulting from Mare Reproductive Responses per Respondent: 2.50. qualify for credit. Loss Syndrome (MLRS). 8. Assure the voluntary reporting Estimated Total Annual Burden on DATES: Comments must be received in Respondents: 1258 hours. program is an effective tool for reaching writing on or before January 24, 2003, to the 18 percent greenhouse gas intensity be assured of consideration. Comments Comment Is Invited goal by 2012. received after that date will be Comment is invited on: (1) Whether 9. Factor in international strategies as considered to the extent practicable. well as State-level efforts. this collection of information is 10. Minimize transactions costs for ADDRESSES: Comments concerning this necessary for the stated purposes and reporters and administrative costs for notice should be addressed to Farm the proper performance of the functions the Government, where possible, Service Agency, USDA, Attn: Cathy of the agency, including whether the without compromising the foregoing Quayle, Senior Loan Officer, Loan information will have practical or recommendations. Making Division, Mail Stop 0522, 1400 scientific utility; (2) the accuracy of the The meetings are intended to assist Independence Avenue, SW., agency’s estimate of the burden of the the Department in assessing the Washington, DC 20250–0522. collection of information, including the technical and methodological issues Comments also may be submitted via validity of the methodology and associated with developing new forest facsimile to (202) 720–6797 or by e-mail assumptions used; (3) ways to enhance _ and agriculture accounting rules and to: cathy [email protected]. the quality, utility, and clarity of the guidelines. The meetings will provide The public may inspect comments information to be collected; and (4) an opportunity for open dialogue among received at 1280 Maryland Avenue, ways to minimize the burden of the farmers, forest land owners, farm groups SW., Washington, DC 20024 in Suite collection of information on and associations, businesses, industry 240 during normal business hours. respondents, including the use of associations, conservation Visitors are encouraged to call ahead to automated, electronic, mechanical, or organizations, environmental groups, (202) 690–4018 to facilitate entry to the other technological collection institutions, individuals, and others building. techniques or other forms of information affected interests. We intend to invite FOR FURTHER INFORMATION CONTACT: technology. comments to ensure the full range of Cathy Qualye, Loan Making Division, All comments received in response to views and opinions are expressed. We (202) 690–4018 and _ this notice, including names and also intend to provide an opportunity cathy [email protected]. addresses when provided, will be a for those present to address the meeting. Individuals who use telecommunication matter of public record. Comments will We also will accept and give full devices for the deaf (TDD) may call the be summarized and included in the consideration to written views Federal Information Relay Service submission for Office of Management submitted including written responses (FIRS) at 1–800–877–8339 between 8 and Budget approval. to background materials prepared for a.m. and 8 p.m., eastern standard time, the meetings. Written comments should Monday through Friday. Dated: November 13, 2002. Teresa C. Lasseter, be submitted to SUPPLEMENTARY INFORMATION: [email protected]. Acting Administrator, Farm Service Agency. Full agendas and various other Description of Information Collection [FR Doc. 02–29820 Filed 11–22–02; 8:45 am] materials will be made available prior to Title: Horse Breeder Loan Program. BILLING CODE 3410–05–P

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DEPARTMENT OF AGRICULTURE Comment, (4) Chairman Report, (5) the antidumping duty orders on collated Status of Project Proposals, (6) Update roofing nails from the People’s Republic Forest Service on Approved Projects, (7) Follow Up of China (‘‘PRC’’) and Taiwan (67 FR Presentation/Sunflower CRMP (8) 61577). The Department is revoking the Notice of Mineral County Resource General Discussion, (9) House antidumping duty orders on collated Advisory Committee Meeting Committee Report. roofing nails from the PRC and Taiwan AGENCY: Forest Service, USDA. DATES: The meeting will be held on because no domestic party responded to ACTION: Notice of meeting. December 12, 2002, from 9 a.m. and end the sunset review notice of initiation by at approximately 12 p.m. the applicable deadline. SUMMARY: Pursuant to the authorities in ADDRESSES: The meeting will be held at EFFECTIVE DATE: November 25, 2002. the Federal Advisory Committee Act the Lincoln Street School, Conference FOR FURTHER INFORMATION CONTACT: (Pub. L. 92–463) and under the Secure Room A, 1135 Lincoln Street, Red Bluff, Martha V. Douthit or James P. Maeder, Rural Schools and Community Self- CA. Individuals wishing to speak or Office of Policy, Import Administration, Determination Act of 2000 (Pub. L. 106– propose agenda items must send their International Trade Administration, 393) The Lolo National Forest’s Mineral names and proposals to Jim Giachino, U.S. Department of Commerce, 14th County Resource Advisory Committee DFO, 825 N. Humboldt Ave., Willows, Street and Constitution Avenue, NW, will meet on December 12, 2002 and CA 95988. Washington, D.C. 20230; telephone: January 9, 2003 from 6 p.m. until 8 p.m. FOR FURTHER INFORMATION CONTACT: (202) 482–5050 or (202) 482–3330, in Superior, Montana for their next two Bobbin Gaddini, Committee respectively. business meetings. The meetings are Coordinator, USDA, Mendocino SUPPLEMENTARY INFORMATION: open to the public. National Forest, Grindstone Ranger DATES: December 12, 2002 and January District, P.O. Box 164, Elk Creek, CA The Applicable Statute and 9, 2003. 95939. (530) 968–5329; e-mail Regulations: ADDRESSES: The meetings will be held at [email protected]. Unless otherwise indicated, all the Mineral County Courthouse, 300 SUPPLEMENTARY INFORMATION: The citations to the Tariff Act of 1930, as River Street, Superior, MT 59872. meeting is open to the public. amended (the ‘‘Act’’), are references to FOR FURTHER INFORMATION CONTACT: Committee discussion is limited to the provisions effective January 1, 1995, Robert Harper. Designated Federal Forest Service staff and Committee the effective date of the amendments Official (DFO), District Ranger, Superior members. However, persons who wish made to the Act by the Uruguay Round District, Lolo National Forest at (406) to bring matters to the attention of the Agreements Act (‘‘URAA’’). In addition, 822–4233. Committee may file written statements unless otherwise indicated, all citations SUPPLEMENTARY INFORMATION: Agenda with the Committee staff before or after to the Department of Commerce’s topics for the December 12 meeting the meeting. Public input sessions will (‘‘Department’’) regulations are to 19 include discussion and possible funding be provided and individuals who made CFR part 351(2002). of projects as authorized under Title II written requests by December 10, 2002 Background: of Pub. L. 106–393. Agenda topics for will have the opportunity to address the On November 19, 1997, the the January 9, 2003 meeting will be a committee at those sessions. continuation of project funding, and a Department issued antidumping duty Dated: November 19, 2002. representative from another western orders on collated roofing nails from the Montana Resource Advisory Committee James F. Giachino, PRC (62 FR 61729) and Taiwan (62 FR to discuss their progress, projects and Designated Federal Official. 61730). Pursuant to section 751 (c) of how they are organized . If the meeting [FR Doc. 02–29839 Filed 11–22–02; 8:45 am] the Act, on October 1, 2002, the location is changed, notice will be BILLING CODE 3410–11–M Department initiated sunset reviews of posted in local newspapers, including these orders by publishing notice of the the Mineral Independent and the initiations in the Federal Register (67 Missoulian. DEPARTMENT OF COMMERCE FR 61577). In addition, as a courtesy to interested parties, the Department sent Dated: November 18, 2002. International Trade Administration letters, via certified and registered mail, Deborah L.R. Austin, to each party listed on the Department’s Forest Supervisor, Lolo National Forest. [A–570–850, A–583–826] most current service list for these [FR Doc. 02–29835 Filed 11–22–02; 8:45 am] Collated Roofing Nails from the proceedings to inform them of the BILLING CODE 3410–11–M People’s Republic of China and automatic initiation of the sunset Taiwan: Final Results of Five Year reviews on these orders. However, no Sunset Reviews and Revocation of domestic interested party in the sunset DEPARTMENT OF AGRICULTURE Antidumping Duty Orders reviews on these orders responded to the notice of initiation by the October Forest Service AGENCY: Import Administration, 16, 2002 deadline (see section 19 CFR International Trade Administration, Tehama County Resource Advisory 351.218(d)(1)(i) of Procedures for Department of Commerce. Committee Conducting Five Year (‘‘Sunset’’) ACTION: Notice of Final Results of Five Reviews of Antidumping and AGENCY: Forest Service, USDA. Year Sunset Reviews and Revocation of Countervailing Duty Orders, 63 FR ACTION: Notice of meeting. Antidumping Duty Orders on Collated 13520 (March 20, 1998)). Roofing Nails from People’s Republic of Determination to Revoke SUMMARY: The Tehama County Resource China and Taiwan. Advisory Committee (RAC) will meet in Pursuant to section 751(c)(3)(A) of the Red Bluff, California, Agenda items to SUMMARY: On October 1, 2002, the Act and section 19 CFR be covered include: (1) Introductions, Department of Commerce (‘‘the 351.218(d)(1)(iii)(B)(3), if no domestic (2) Approval of Minutes, (3) Public Department’’) initiated sunset reviews of interested party responds to the notice

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of initiation, the Department will issue Initiation of Investigation determine whether the petition has the a final determination, within 90 days The Applicable Statute and requisite industry support, the statute after the initiation of the review, Regulations: Unless otherwise directs the Department to look to revoking the finding or order or indicated, all citations to the statute are producers and workers who produce the terminating the suspended references to the provisions effective domestic like product. The United investigation. Because no domestic January 1, 1995, the effective date of the States International Trade Commission interested party in the sunset reviews of amendments made to the Tariff Act of (ITC), which is responsible for collated roofing nails from the PRC and 1930, as amended (the Act), by the determining whether ‘‘the domestic Taiwan responded to the notice of Uruguay Round Agreements Act industry’’ has been injured, must also initiation by the applicable deadline, we (URAA). In addition, unless otherwise determine what constitutes a domestic are revoking these antidumping duty indicated, all citations to the like product in order to define the orders. Department of Commerce’s (the industry. While both the Department and the ITC must apply the same Effective Date of Revocation Department’s) regulations are references to the provisions codified at 19 CFR Part statutory definition regarding domestic Pursuant to sections 751(c)(3)(A) and 351 (2002). like product (see section 771(10) of the 751(d)(2) of the Act, and 19 CFR Act), they do so for different purposes 351.222(i)(2)(i), the Department will The Petition and pursuant to their separate and instruct the Customs Service to On October 30, 2002, the Department distinct authority. In addition, the terminate the suspension of liquidation received a petition filed in proper form Department’s determination is subject to of the merchandise subject to these by Anvil International, Inc., and Ward limitations of time and information. orders entered, or withdrawn from Manufacturing Inc. (collectively, the Although this may result in different warehouse, on or after November 19, petitioners). The Department received definitions of the like product, such 2002. Entries of subject merchandise information supplementing the petition differences do not render the decision of prior to the effective date of revocation on November 7, 2002, November 12, either agency contrary to the law. See will continue to be subject to 2002, and November 15, 2002. Algoma Steel Corp. Ltd., v. United suspension of liquidation and In accordance with section 732(b) of States, 688 F. Supp. 639, 642–44 (CIT antidumping duty deposit requirements. the Act, the petitioners allege that 1988); High Information Content Flat The Department will complete any imports of malleable iron pipe fittings Panel Displays and Display Glass pending administrative reviews of these (malleable pipe fittings) from the Therefore from Japan: Final orders and will conduct administrative People’s Republic of China (PRC) are Determination; Rescission of reviews of subject merchandise entered being, or are likely to be, sold in the Investigation and Partial Dismissal of prior to the effective date of revocation United States at less than fair value Petition, 56 FR 32376, 32380–81 (July in response to appropriately filed within the meaning of section 731 of the 16, 1991). requests for review. Act, and that such imports are Section 771(10) of the Act defines the materially injuring, or are threatening to domestic like product as ‘‘a product Dated: November 19, 2002. materially injure, an industry in the which is like, or in the absence of like, Bernard T. Carreau, United States. most similar in characteristics and uses Acting Assistant Secretary for Import The Department finds that the with, the article subject to an Administration. petitioners filed this petition on behalf investigation under this title.’’ Thus, the [FR Doc. 02–29915 Filed 11–22–02; 8:45 am] of the domestic industry because they reference point from which the BILLING CODE 3510–DS–S are interested parties as defined in domestic like product analysis begins is sections 771(9)(C) of the Act and have ‘‘the article subject to an investigation,’’ demonstrated sufficient industry i.e., the class or kind of merchandise to DEPARTMENT OF COMMERCE support with respect to the antidumping be investigated, which normally will be investigation that they are requesting the scope as defined in the petition. International Trade Administration the Department to initiate. See the In this petition, the petitioners do not Determination of Industry Support for offer a definition of domestic like A-570–881 the Petition section below. product distinct from the scope of these investigations. Thus, based on our Notice of Initiation of Antidumping Scope of Investigation analysis of the information presented to Duty Investigation: Certain Malleable For purposes of this investigation, the the Department by the petitioners, and Iron Pipe Fittings From the People’s products covered are shipments of the information obtained and received Republic of China certain malleable iron pipe fittings, cast, independently by the Department, we AGENCY: Import Administration, other than grooved fittings, from the have determined that there is a single International Trade Administration, People’s Republic of China. The domestic like product, which is defined Department of Commerce. merchandise is classified under item in the Scope of Investigation section above, and have analyzed industry EFFECTIVE DATE: November 25, 2002. numbers 7307.19.90.30, 7307.19.90.60 and 7307.19.90.80 of the Harmonized support in terms of this domestic like FOR FURTHER INFORMATION CONTACT: Tariff Schedule. HTSUS subheadings product. Anya Naschak or Helen Kramer at (202) are provided for convenience and Section 732(b)(1) of the Act requires 482–6375 or (202) 482–0405, customs purposes. The written that a petition be filed on behalf of the respectively; Antidumping and description of the scope of this domestic industry. Section 732(c)(4)(A) Countervailing Duty Enforcement Group proceeding is dispositive. of the Act states that the administering III, Import Administration, International authority shall determine that a petition Trade Administration, U.S. Department Determination of Industry Support for has been filed by or on behalf of the of Commerce, 14th Street and the Petition industry if: (1) the domestic producers Constitution Avenue, N.W., Section 771(4)(A) of the Act defines or workers who support the petition Washington, D.C. 20230. the ‘‘industry’’ as the producers of a account for at least 25 percent of the SUPPLEMENTARY INFORMATION: domestic like product. Thus, to total production of the domestic like

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product; and (2) the domestic producers Less Than Fair Value: Silicon Carbide of Final Determination of Sales at Less or workers who support the petition from the PRC, 59 FR 22585 (May 2, Than Fair Value: Folding Metal Tables account for more than 50 percent of the 1994). In the course of the investigation and Chairs from the People’s Republic production of the domestic like product of malleable pipe fittings from the PRC, of China, 67 FR 20090 (April 29, 2002). produced by that portion of the industry all parties will have the opportunity to In accordance with section 771(18)(C)(i) expressing support for, or opposition to, provide relevant information related to of the Act, the presumption of NME the petition. the issue of the PRC’s status and the status remains in effect until revoked by Information contained in the petition granting of separate rates to individual the Department. The presumption of demonstrates that the domestic exporters. NME status for the PRC has not been producers or workers who support the Export Price revoked by the Department and, petition account for over 50 percent of therefore, remains in effect for purposes total production of the domestic like The petitioners identified the of the initiation of this investigation. product. See Petition for Imposition of following seven companies as producers Because the PRC’s status as a NME Antidumping Duties: Malleable Iron and/or exporters of malleable pipe remains in effect, pursuant to section Pipe Fittings from the People’s Republic fittings from the PRC: Jinan Meide 771(18)(C)(i) of the Act, the petitioners of China (Pipe Fittings Petition), dated Casting Co., Ltd., National Steel determined the dumping margin using a October 30, 2002, at pages 2–3 and Products Co., Ltd., Shandong Flying FOP analysis. Exhibits 1 and 2. See also Amendment Casting & Forging Co., Ltd., Dalian For normal value (NV), the petitioners to the Petition dated November 15, Zhong Sheng Metal Products Co., Ltd., based the FOP, with the exception of 2002, at Exhibit 1. Therefore, the Hebei Great Wall Import & Export labor, as defined by section 773(c)(3) of domestic producers or workers who Corporation, Tianjin Foreign Trade the Act, on the quantities of inputs of support the petitions account for at least Group, and Xiamen Jia Da Quan Valves one U.S. malleable pipe fittings 25 percent of the total production of the & Fittings Co., Ltd. To calculate export producer, Ward Manufacturing, Inc. The domestic like product, as required by price (EP), petitioners used publicly petitioners based the FOP for labor, as section 732(c)(4)(A)(i). See Import available price quotes for Chinese defined by section 773(c)(3) of the Act, Administration AD Investigation products from a U.S. distributer. From on the quantities of inputs from the Checklist, dated November 19, 2002 these price quotes, petitioners deducted public ranged data of labor hours in the (Initiation Checklist) (public version on a 10 percent rebate from the listed production of non-malleable pipe file in the Central Records Unit of the warehouse price, 5 percent of the net fittings,1 reduced by 10 percent. The Department of Commerce, 1401 price for commission to the importer/ petitioners assert that information Constitution Ave., NW, Room B-099). wholesale distributor’s sales regarding the Chinese producers’ Furthermore, because the Department representative, and 20 percent of the net consumption rates is not reasonably received no opposition to the petition, price as the importer/distributor’s mark- available, and have therefore assumed, the domestic producers or workers who up to arrive at the importer price. for purposes of the petition, that support the petition account for more Petitioners reasonably based these producers in the PRC use the same than 50 percent of the production of the deductions on affidavits by a senior inputs in the same quantities as the domestic like product produced by that Anvil International official attesting that petitioners use. Based on the portion of the industry expressing this price structure is representative of information provided by the petitioners, support for or opposition to the petition. prices charged throughout the United we believe that the petitioners’ FOP See Initiation Checklist. Thus, the States. See Initiation Checklist. We will methodology represents information requirements of section 732(c)(4)(A)(ii) further examine the nature of these reasonably available to the petitioners are met. deductions during the investigation. and is appropriate for purposes of Petitioners further deducted U.S. Accordingly, the Department initiating this investigation. customs duty of 6.2 percent to arrive at determines that the petition was filed on Pursuant to section 773(c) of the Act, a price net of customs duty. Petitioners behalf of the domestic industry within the petitioners assert that India is the calculated net U.S. price by deducting the meaning of section 732(b)(1) of the most appropriate surrogate country for ocean freight and foreign inland freight Act. the PRC, claiming that India is: (1) a from the price net of customs duty. See market economy; (2) a significant Export Price and Normal Value Exhibits 22 and 24 of the Petition. producer of comparable merchandise; The following is a description of the Petitioners estimated ocean freight by and (3) at a level of economic allegation of sales at less than fair value subtracting the average unit free development comparable to the PRC in upon which the Department has based alongside ship (FAS) value of subject terms of per capita gross national its decision to initiate this investigation. imports from the average unit cost, income (GNI). The Department’s The sources of data for the deductions insurance and freight (CIF) value using regulations state that it will place and adjustments relating to U.S. price the Bureau of the Census IM145 import primary emphasis on per capita GNI in and factors of production (FOP) are statistics. See Initiation Checklist. detailed in the Initiation Checklist. determining whether a given market The anticipated period of Normal Value economy is at a level of economic investigation (POI) for the PRC, a non- The petitioners assert that the PRC is development comparable to the NME market economy (NME) country, is a NME country and that no country (see 19 CFR 351.408(b)). In April 1, 2002, through September 30, determination to the contrary has yet recent antidumping cases involving the 2002. Regarding an investigation been made by the Department. In all of PRC, the Department identified a group involving a NME country, the its previous investigations, the of countries at a level of economic Department presumes, based on the Department has treated the PRC as a development comparable to the PRC extent of central government control in NME. See, e.g., Notice of Final based primarily on per capita GNI. This a NME, that a single dumping margin, Determination Sales at Less Than Fair 1 Submitted as a Section D Questionnaire should there be one, is appropriate for Value: Certain Folding Gift Boxes from Response by Jinan Meide Casting Company in the all NME exporters in the given country. the People’s Republic of China, 66 FR investigation of Non-Malleable Cast Iron Pipe See, e.g., Final Determination of Sales at 58115 (November 20, 2001), and Notice Fittings from China, A-570-875 (June 17, 2002)

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group includes India, Indonesia, Sri Republic of China. See Memo to Holly Checklist. Therefore, we are initiating Lanka, the Philippines, and Pakistan. A. Kuga dated September 19, 2002. the antidumping duty investigation to With the exception of India, none of Based on the information provided by determine whether imports of malleable these countries is a significant producer the petitioners, we believe that the pipe fittings from the PRC are being, or of malleable pipe fittings. The surrogate values represent information are likely to be, sold in the United States petitioners assert that India is the most reasonably available to the petitioners at less than fair value. Unless this appropriate surrogate. Based on the and are acceptable for purposes of deadline is extended, we will make our information provided by the petitioners, initiating this investigation. See preliminary determination no later than we believe that the petitioners’ use of Initiation Checklist. 140 days after the date of this initiation. India as a surrogate country is Based upon the comparison of EP to appropriate for purposes of initiating NV, the estimated dumping margins are Distribution of Copies of the Petition this investigation. between 34.69 and 148.08 percent. In accordance with section In accordance with section 773(c)(4) Should the need arise to use any of this 732(b)(3)(A) of the Act, a copy of the of the Act, petitioners valued FOP, information as facts available under public version of the petition has been where possible, on reasonably available, section 776 of the Act in our provided to the representatives of the public surrogate data from India. preliminary or final determination, we government of the PRC. We will attempt Materials were valued based on Indian will re-examine the information and to provide a copy of the public version import values, as published by Monthly may revise the margin calculation, if of the petition to each exporter named Statistics of the Foreign Trade of India appropriate. in the petition, as appropriate. (Indian Import Statistics). Petitioners Fair Value Comparisons applied an inflation adjustment factor International Trade Commission using the Indian Wholesale Price Index Based on the data provided by the Notification for September 2002. Petitioners divided petitioners, there is reason to believe We have notified the ITC of our the index for the period available by the that imports of malleable pipe fittings initiation, as required by section 732(d) index derived from the period in which from the PRC are being, or are likely to of the Act. the input price was located, and be, sold at less than fair value. Preliminary Determination by the ITC multiplied the input price by the Allegations and Evidence of Material The ITC will determine, no later than resulting ratio. Petitioners calculated the Injury and Causation surrogate value of steel scrap using the December 16, 2002 whether there is a mill heavy average prices reported by The petitioners allege that the U.S. reasonable indication that imports of the Indian newspaper, The Economic industry producing the domestic like malleable pipe fittings from the PRC are Times, which yields more product is being materially injured, or is causing material injury, or threatening contemporaneous publicly available threatened with material injury, by to cause material injury, to a U.S. prices. See Initiation Checklist. reason of imports of the subject industry. A negative ITC determination Labor was valued using the merchandise sold at less than NV. The will result in the investigation being Department’s regression-based wage rate volume of imports from the PRC, using terminated; otherwise, this investigation for the PRC, in accordance with 19 CFR the latest available data, exceeded the will proceed according to statutory and 351.408(c)(3). See Initiation Checklist. statutory threshold of seven percent for regulatory time limits. Electricity was valued using Indian a negligibility exclusion. See section This notice is issued and published electricity prices for industrial 771(24)(A)(ii) of the Act. The petitioners pursuant to section 777(i) of the Act. consumers taken from the second contend that the industry’s injured Dated: November 19, 2002. quarter 2002 issue of Energy Prices and condition is evidenced in the declining Taxes published by the OECD’s trends in profitability, shipments, Bernard T. Carreau, International Energy Agency. The production, capacity utilization, Acting Assistant Secretary for Import electricity prices for industry for India employment, decreased U.S. market Administration. are reported in U.S. dollars and for the share, and increasing Chinese imports. [FR Doc. 02–29914 Filed 11–22–02; 8:45 am] year of 2000. In order to arrive at The allegations of injury and causation BILLING CODE 3510–DS–S September 2002 prices, petitioners are supported by relevant evidence multiplied the computed amount by a including U.S. Customs import data, DEPARTMENT OF COMMERCE U.S. inflation factor because it was domestic consumption, and domestic denominated in U.S. dollars. See production information. We have International Trade Administration, Initiation Checklist. assessed the allegations and supporting North American Free-Trade Agreement Petitioners derived the surrogate evidence regarding material injury and (NAFTA), Article 1904 Binational Panel value for natural gas from a price in causation, and have determined that Reviews India found in the 1999 financial report these allegations are properly supported of EOG Resources Inc., expressed in by accurate and adequate evidence and AGENCY: NAFTA Secretariat, United U.S. dollars per MCF. To inflate the meet the statutory requirements for States Section, International Trade price to September 2002 levels, initiation. See Initiation Checklist. Administration, Department of petitioners multiplied the amount by a Commerce. Initiation of the Antidumping U.S. inflation factor because it was ACTION: Notice of decision of panel. denominated in U.S. dollars. See Investigation Initiation Checklist. Based on our examination of the SUMMARY: On November 19, 2002, the For overhead, selling, depreciation, petition on malleable pipe fittings, and binational panel issued its decision in and general and administrative (SG&A) the petitioners’ response to our the review of the final scope ruling expenses, petitioners calculated the supplemental questionnaires clarifying made by the International Trade financial ratios based on the Indian the petition, and additional Administration, respecting Circular financial data used in the Preliminary independent data, we find that the Welded Non-Alloy Steel Pipe from Determination of Non-Malleable Cast petition meets the requirements of Mexico, NAFTA Secretariat File Iron Pipe Fittings from the People’s section 732 of the Act. See Initiation Number USA–MEX–98–1904–05. The

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majority remanded the determination to Dated: November 19, 2002. Dated: November 20, 2002. the investigating authority with the Caratina L. Alston, Richard W. Surdi, following instructions: (1) Re-evaluate U.S. Secretary, NAFTA Secretariat. Acting Director, Office of Sustainable whether the Order applies to Galvak’s [FR Doc. 02–29811 Filed 11–25–02; 8:45 am] Fisheries, National Marine Fisheries Service. [FR Doc. 02–29896 Filed 11–22–02; 8:45 am] mechanical tubing, giving appropriate BILLING CODE 3510–GT–P weight to the fact that the language of BILLING CODE 3510–22–S the order on its face excludes all mechanical tubing, (2) if necessary, DEPARTMENT OF COMMERCE explain adequately why the line pipe DEPARTMENT OF COMMERCE National Oceanic and Atmospheric determination’s conclusion that the National Oceanic and Atmospheric Administration exclusionary clause is based on industry Administration classification and not actual end use should not be employed in the instant [I.D. 111402B] [Docket No.: 020821203–2203–01] scope determination, and (3) take such Call for Proposals for Research in other action as may be appropriate, not Fisheries of the Northeastern United States; Atlantic Surf Clam and Ocean Satellite Data Assimilation for inconsistent with this decision. The Numerical and Climate Prediction Quahog Fisheries; Notice that Vendor panel required DOC to provide the Models—Correction determination on remand within 60 Will Provide Year 2003 Cage Tags calendar days (January 6, 2003). Copies AGENCY: National Oceanic and of the panel decision are available from AGENCY: National Marine Fisheries Atmospheric Administration (NOAA), the U.S. Section of the NAFTA Service (NMFS), National Oceanic and National Environmental Satellite, Data, Secretariat. Atmospheric Administration (NOAA), and Information Service (NESDIS). Commerce. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of vendor to provide Caratina L. Alston, United States SUMMARY: The National Environmental fishing year 2003 cage tags. Secretary, NAFTA Secretariat, Suite Satellite, Data, and Information Service 2061, 14th and Constitution Avenue, (NESDIS) publishes this notice to SUMMARY: NMFS informs surf clam and Washington, DC 20230, (202) 482–5438. amend a notice entitled Call for ocean quahog allocation owners that Proposals for Research in Satellite Data SUPPLEMENTARY INFORMATION: Chapter they are required to purchase their year Assimilation for Numerical and Climate 19 of the North American Free-Trade 2003 cage tags from a vendor. The intent Prediction Models. Agreement (‘‘Agreement’’) establishes a of this notice is to comply with ADDRESSES: All submissions should be mechanism to replace domestic judicial regulations for the surfclam and ocean directed to: NOAA/NASA Joint Center review of final determinations in quahog fisheries and to promote for Satellite Data Assimilation, Attn: antidumping and countervailing duty efficient distribution of cage tags. Kathy LeFevre, 5200 Auth Road, Room cases involving imports from a NAFTA ADDRESSES: Written inquiries may be 701, Camp Springs, MD 20746–4304. country with review by independent sent to Douglas W. Christel at: National FOR FURTHER INFORMATION CONTACT: binational panels. When a request for Marine Fisheries Service, Northeast Kathy LeFevre, (301) 763–8127, panel review is filed, a panel is Regional Office, One Blackburn Drive, [email protected]. established to act in place of national Gloucester, MA 01930–3799. SUPPLEMENTARY INFORMATION: courts to review expeditiously the final The National Environmental Satellite, Data, determination to determine whether it FOR FURTHER INFORMATION CONTACT: and Information Service (NESDIS) conforms with the antidumping or Douglas W. Christel, Fishery published a notice of availability of countervailing duty law of the country Management Specialist, (978) 281–9141; financial assistance in the Federal fax 978–281–9135; e-mail that made the determination. Register of September 20, 2002, (67 FR [email protected]. Under Article 1904 of the Agreement, 59264, entitled ‘‘Call for Proposals for which came into force on January 1, SUPPLEMENTARY INFORMATION: The Research in Satellite Data Assimilation 1994, the Government of the United Federal Atlantic surf clam and ocean for Numerical and Climate Prediction States, the Government of Canada and quahog fisheries regulations at 50 CFR Models.’’) The following pages of the the Government of Mexico established 648.75(b) authorize the Regional Federal Register notice of September Rules of Procedure for Article 1904 Administrator, Northeast Region, 20, 2002 are amended as follows: Binational Panel Reviews (‘‘Rules’’). NMFS, to specify in the Federal On Page 59265: First column, under These rules were published in the Register a vendor from whom cage tags, the heading DATES, sixth line, Federal Register on February 23, 1994 required under the Atlantic Surf Clam ‘‘November 15, 2002’’ should read (59 FR 8686). The panel review in this and Ocean Quahog Fishery Management ‘‘December 9, 2002. If you have already matter has been conducted in Plan, shall be purchased. Notice is submitted an application we are accordance with these rules. hereby given that National Band and accepting revisions.’’ First column, under the sub-heading Tag Company of Newport, KY, is the Panel Decision: The panel remanded Funding Availability, the second authorized vendor of cage tags required the final scope determination of the sentence should read: ‘‘Individual for the fishing year 2003 Federal surf International Trade Administration annual awards in the form of grants and clam and ocean quahog fisheries. respecting Circular Welded Non-Alloy cooperative agreements are expected to Detailed instructions for purchasing Steel Pipe from Mexico with range from $50,000 to $150,000, instructions as listed above. The these cage tags will be provided in a although greater amounts may be determination on remand is due on letter to allocation owners in these awarded.’’ January 20, 2003. fisheries within the next several weeks. Second column, under the sub- Authority: 16 U.S.C. 1801 et. seq. heading Eligibility, the first sentence

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should read: ‘‘Eligible applicants are Grants and Cooperative Agreements Department of Natural Resources, institutions of higher education, other contained in the Federal Register Notice Charleston, SC 29422–2559, has applied non profits, commercial organizations, of October 1, 2001 (66 FR 49917; in due form for a permit to take state, local and Indian tribal DOCID:fr01oc01–39) are applicable to loggerhead (Caretta caretta), Kemp’s governments and Federal agencies this solicitation. However, please note ridley (Lepidochelys kempi), green (NOAA and non-NOAA).’’ that the Department of Commerce will (Chelonia mydas), leatherback On pages 59266 and 59267: Under the not implement the requirements of (Dermochelys coriacea), and hawksbill sub-heading, Program Description, Executive Order 13202 (66 FR 49921), (Eretmochelys imbricata) sea turtles for Project Priorities Areas of Investigation, pursuant to guidance issued by the purposes of scientific research. the paragraphs entitled ‘‘Atmospheric Office of Management and Budget in DATES: Written or telefaxed comments Soundings’’ and ‘‘Clouds and light of a court opinion which found must be received on or before December Precipitation’’ should read as follows: that the Executive Order was not legally 26, 2002. authorized. See Building and Atmospheric Soundings Construction Trades Department v. ADDRESSES: The application and related 1. Improvements and/or enhancement Allbaugh, 172 F. Supp. 2d 138 (D.D.C. documents are available for review to radiative transfer models for 2001). This decision is currently on upon written request or by appointment advanced sounding instruments, appeal. When the case has been finally in the following office(s): incorporating cloud and aerosol effects, resolved, the Department will provide Permits, Conservation and Education with the aim of working toward (a) further information on implementation Division, Office of Protected Resources, assimilation of cloudy data, (b) aerosol of Executive Order 13202.’’ NMFS, 1315 East-West Highway, Room correction of retrieved quantities, and On page 59268: Under the sub- 13705, Silver Spring, MD 20910; phone (c) improved surface emissivity for use heading Selection Criteria (With (301)713–2289; fax (301)713–0376; and of data over land and ice (see Radiative Weights), criteria numbers one and Southeast Region, NMFS, 9721 Transfer Models, above). three should read as follows: Executive Center Drive North, St. 3. Observation System Simulation ‘‘1. Importance and relevance of Petersburg, FL 33702–2432; phone Experiments (OSSEs) for high-resolution research to the assimilation of satellite (727)570–5301; fax (727)570–5320. infrared sounders (e.g., AIRSA, CrIS, data in NWP models (25 points). Will FOR FURTHER INFORMATION CONTACT: Dr. IASI) aimed at examining the trade-off the proposed work advance the science Tammy Adams or Carrie Hubard, between the size of the instrument field of assimilating satellite data in NWP (301)713–2289. of view and the noise characteristics.’’ models? Will the proposed project make SUPPLEMENTARY INFORMATION: The a significant contribution to the high Clouds and Precipitation subject permit is requested under the priority research and technical areas Second paragraph should read: ‘‘The authority of the Endangered Species Act listed above?’’ of 1973, as amended (ESA; 16 U.S.C. incorporation of cloud and precipitation ‘‘3. Applicability and Effectiveness 1531 et seq.) and the regulations data will require development of many (25 points). Does the proposed work governing the taking, importing, and components of the data assimilation have the potential to significantly exporting of endangered and threatened system. These developments may advance the use of satellite observations species (50 CFR 222–226). include not only appropriate forward in numerical weather and short-term models, errors statistics, bias correction climate prediction models? Does the The applicant proposes to capture up and quality control, but also proposed work have the potential for to 45 loggerhead, 10 Kemp’s ridley, 5 development of appropriate moist long-term (lasting) value and green, 5 leatherback, and 5 hawksbill balances, new techniques for handling widespread applicability? Does the sea turtles annually during shallow non-linearities in the balance equations proposed work include an effective water trawl surveys intended to provide or forward models, and modification of mechanism by which the project’s fishery-independent data on seasonal the model’s parameterizations to progress can be evaluated?’’ abundance and biomass of all species that are accessible by high rise trawls. increase compatibility with the Dated: November 18, 2002. observations and to eliminate The turtles would be measured, flipper Mary M. Glackin, inappropriate discontinuities.’’ and PIT tagged, and released near the On Page 59267: Column one, Deputy Assistant Administrator for Satellite site of capture, unless it is determined paragraph entitled ‘‘Oceans’’, the and Information Services. they are in need of veterinary assistance following sentence is deleted: [FR Doc. 02–29838 Filed 11–22–02; 8:45 am] to survive. Sea turtles held for ‘‘Successful proposals will require close BILLING CODE 3510–HR–P veterinary care would be transferred to coordination with NOAA/NCEP and/or an appropriate treatment facility. The NASA/NSIPP.’’ applicant also requests authorization for DEPARTMENT OF COMMERCE On Page 59267: Under the sub- a combined total of three incidental mortalities of loggerhead and Kemp’s heading Application Procedures, the National Oceanic and Atmospheric ridley sea turtles and a single incidental following sentence is added: Administration ‘‘The Department of Commerce Pre- mortality for each of the other three Award Notification of Requirements for [I.D. 110802A] species. The applicant proposes to Grants and Cooperative Agreements conduct these captures along the South contained in the Federal Register notice Endangered Species; File No. 1405 Atlantic Bight from Cape Hatteras, NC to of October 1, 2001 (66 FR 49917), as AGENCY: National Marine Fisheries Cape Canaveral, FL. The permit is amended by the Federal Register notice Service (NMFS), National Oceanic and requested for a period of 5 years. published on October 30, 2002 (67 FR Atmospheric Administration (NOAA), In compliance with the National 66109), is applicable to this Commerce. Environmental Policy Act of 1969 (42 solicitation.’’ ACTION: Receipt of application. U.S.C. 4321 et seq.), an initial The following sentences are removed: determination has been made that the ‘‘The Department of Commerce Pre- SUMMARY: Notice is hereby given that Dr. activity proposed is categorically Award Notification of Requirements for Elizabeth Wenner, South Carolina excluded from the requirement to

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prepare an environmental assessment or information collection should be sent to Revision Notice (PIRN): PIRN–200C–007 environmental impact statement. Office of Admissions, 2304 Cadet Drive, revision B. This revision B is an update Written comments or requests for a Suite 236, USAF Academy, CO 80840. from the last proposed revision A of the public hearing on this application Point of contact is Ms. Shawn PIRN. The PIRN can be reviewed at the should be mailed to the Chief, Permits, Hordemann, 719–333–3226. following web site: http:// Conservation and Education Division, FOR FURTHER INFORMATION CONTACT: To gps.losangeles.af.mil. Select F/PR1, Office of Protected Resources, request additional information on this ‘‘Configuration Management’’ and then NMFS, 1315 East-West Highway, Room proposed information collection or to ‘‘Public Data for Review.’’ Hyperlinks 13705, Silver Spring, MD 20910. Those obtain a copy of the proposed and are provided to ‘‘PIRN–200C–007B individuals requesting a hearing should associated collection instruments, (PDF)’’ and to review instructions. set forth the specific reasons why a please write to the above address. Reviewers should save the PIRN to a hearing on this particular request would Title, Associated Form, and OMB local memory location prior to opening be appropriate. Number: United States Air Force and performing the review. Comments may also be submitted by Academy Writing Sample, United States ADDRESSES: Submit comments to SMC/ facsimile at (301)713–0376, provided Air Force Academy Form O–878, OMB CZERC, 2420 Vela Way, Suite 1467, El the facsimile is confirmed by hard copy Number 0701–0147. Segundo, CA 90245–4659. A comment submitted by mail and postmarked no Needs and Uses: The information matrix is provided for your convenience later than the closing date of the collection requirement is necessary to at the web site and is the preferred comment period. Please note that obtain data on candidate’s background method of comment submittal. comments will not be accepted by e- and aptitude in determining eligibility Comments may be submitted to the mail or by other electronic media. and selection to the Air Force Academy. following Internet address: Dated: November 18, 2002. Affected Public: Individuals or [email protected]. Comments Eugene T. Nitta, households. may also be sent by fax to 1–310–363– Acting Chief, Permits, Conservation and Annual Burden Hours: 4100. 6387. Number of Respondents: 4100. Education Division, Office of Protected DATES: The suspense date for comment Responses per Respondent: 1. Resources, National Marine Fisheries Service. submittal is December 9, 2002. [FR Doc. 02–29890 Filed 11–22–02; 8:45 am] Average Burden for Respondent: 60 minutes. FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–S Frequency: On occasion. CZERC at 1–310–363–6329, GPSs JPO SUPPLEMENTARY INFORMATION: System Engineering Division, or write to the address above. DEPARTMENT OF DEFENSE Summary of Information Collection SUPPLEMENTARY INFORMATION: The Department of the Air Force The information collected on this civilian and military communities use form is required by 10 U.S.C. 9346. The the Global Positioning System which Proposed Collection; Comment respondents are students who are employs a constellation of 24 satellites Request applying for admission to the United to provide continuously transmitted States Air Force Academy. Each signals to enable appropriately AGENCY: Office of Admissions, student’s background and aptitude is configured GPS user equipment to Headquarters United States Air Force reviewed to determine eligibility. If the produce accurate position, navigation, Academy, Department of the Air Force, information on this form is not and time information. Department of Defense. collected, the individual cannot be Pamela D. Fitzgerald, ACTION: Notice. considered for admittance to the Air Air Force Federal Register Liaison Officer. Force Academy. In compliance with Section [FR Doc. 02–29834 Filed 11–22–02; 8:45 am] 3506(c)(2)(A) of the Paperwork Pamela D. Fitzgerald, BILLING CODE 5001–05–P Reduction Act of 1995, the Office of the Air Force Federal Register Liaison Officer. Secretary of Defense announced the [FR Doc. 02–29836 Filed 11–22–02; 8:45 am] proposed reinstatement of a public BILLING CODE 5001–05–P DEPARTMENT OF DEFENSE collection and seeks public comment on the provisions thereof. Comments are Department of the Army invited on: (a) Whether the proposed DEPARTMENT OF DEFENSE collection of information is necessary Performance Review Boards for the proper performance of the Department of the Air Force Membership functions of the agency, including AGENCY: Department of the Army, DoD. Notice and Request for Review/ whether the information shall have ACTION: Notice. practical unity; (b) the accuracy of the Comment of Changes to ICD–GPS– agency’s estimate of the burden of 200C SUMMARY: Notice is given of the names of members of a Performance Review proposed information collection; (c) AGENCY: Department of the Air Force, ways to enhance the quality, utility, and DoD. Board for the Department of the Army. clarity of the information to be SUMMARY: This notice informs the public EFFECTIVE DATE: November 18, 2002. collected; and (d) ways to minimize the that the Global Positioning System FOR FURTHER INFORMATION CONTACT: burden of the information collection on (GPS) Joint Program Office (JPO) Marilyn Ervin, U.S. Army Senior respondents, including through the use proposes to revise ICD–GPS–200, Executive Service Office, Assistant of automated collection techniques or Navstar GPS Space Segmen/Navigation Secretary of the Army, Manpower & other forms of information technology. User Interfaces, to include the Reserve Affairs, 111 Army Pentagon, DATES: Consideration will be given to all description of the proposed L2C signal, Washington, DC 20310–0111. comments by January 24, 2003. to be transmitted at the L2 frequency SUPPLEMENTARY INFORMATION: Section ADDRESSES: Written comments and (1227.6 MHz). These proposed changes 4314(c)(1) through (5) of Title 5, U.S.C., recommendations on the proposed are described in a Proposed Interface requires each agency to establish, in

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accordance with regulations, one or DEPARTMENT OF DEFENSE influences converging with these habitat more Senior Executive Service types have resulted in a unique and performance review boards. The boards Department of the Army; Corps of diverse assemblage of fauna and flora shall review and evaluate the initial Engineers that occur nowhere else. Development appraisal of senior executives’ and pollution have significantly performance by supervisors and make Intent To Prepare a Draft Supplemental degraded the water quality and reduced recommendations to the appointing Environmental Impact Statement for the biological productivity of the authority or rating official relative to the the Indian River Lagoon-North lagoon. The objective of this study is to performance of these executives. Feasibility Study Located in Portions identify and assess alternatives that (a) The members of the Performance of Volusia, Brevard, Indian River, St. would restore the lagoon’s water quality Review Board for the U.S. Army Lucie, and Okeechobee Counties, FL and ecological conditions. Research Laboratory are: b. Alternatives. Specific proposed AGENCY: Department of the Army, Army 1. Dr. N. Radhakrishnan, Director, Corps of Engineers, DOD. restoration alternatives include the Computational and Information following: Sciences Directorate, U.S. Army ACTION: Notice of intent. 1. Goal I: Improve Ecological Values; Research Laboratory. SUMMARY: The U.S. Army Corps of Reduce excessive freshwater inflows 2. Ms. Barbara Leiby, Deputy Chief of Engineers (Corps), Jacksonville District, and pollutant loadings to the Indian Staff for Resource Management, intends to prepare a Draft Supplemental River Lagoon; Improve water quality in Headquarters, U.S. Army Materiel Environmental Impact Statement the Lagoon; Improve habitat for Lagoon Command. (DSEIS) for the Indian River Lagoon- biota, with emphasis on seagrass; 3. Dr. Thomas H. Killion, Director, North Feasibility Study. Encompassing Increase spatial extent and functional Personnel Technologies Directorate, the lagoon’s northern watershed, the quality of submerged aquatic vegetation Office of the Deputy Chief of Staff, G– study area begins in Volusia County and watershed wetlands; Increase 1, Headquarters Department of the near the Ponce de Leon Inlet, extends functional quality of native upland Army. southward through Brevard and Indian habitat; Maintain or improve diversity (b) Alternate members for the U.S. River counties, and ends near the Fort and abundance of native plant and Army Research Laboratory are: Pierce Inlet in St. Lucie County and animal species, including Federal, state, 1. Ms. Kathy A. Kurke, Chief Counsel, and local listed species. NASA-Langley Research Center. northeast Okeechobee County, Florida. The objective of this study is to perform 2. Goal II: Improve Economic Values 2. Mr. Richard E. McClelland, and Social Well Being; Maintain or Director, Tank-Automotive Research, a comprehensive review of restoration alternatives for the lagoon. improve water supply; Maintain or Development and Engineering Center. improve flood protection; Improve FOR FURTHER INFORMATION CONTACT: 3. Dr. C.I. Change, Director, Army Mr. opportunities for tourism, recreation, Research Office and Deputy Director for Paul E. Stodola, U.S. Army Corps of and environmental education; Improve Basic Science, U.S. Army Research Engineers, Planning Division, commercial and recreational fisheries Laboratory. Environmental Branch, P.O. Box 4970, and associated industries. (c) The members of the Performance Jacksonville, FL, 32232–0019, by email 3. A No-Action Alternative is also Review Board for the U.S. Army Corps [email protected] or being considered. of Engineers are: by telephone at 904–232–3271. c. Scoping Process. The scoping 1. Major General Hans Van Winkle, SUPPLEMENTARY INFORMATION: process as outlined by the Council on Deputy Chief of Engineers/Deputy a. Proposed Action. The proposed Environmental Quality would be Commanding General. Draft Supplemental Environmental utilized to involve Federal, State, and 2. Major General Robert Griffin, Impact Statement (DSEIS) for the Indian local agencies, affected Indian tribes, Director of Civil Works. River Lagoon-North Feasibility Study and other interested persons and 3. Brigadier General Steven Hawkins, would supplement the Central and organizations. A scoping letter would be Commanding General, U.S. Army South Florida Programmatic sent to the appropriate parties Engineer Division, Great Lakes and Ohio Environmental Impact Statement requesting comments and concerns River. completed in July 1999. A DSEIS for the regarding issues to consider during the 4. Brigadier General David Fastabend, Indian River Lagoon-South Feasibility Commanding General U.S. Army study. Study, completed in October 2001, Significant issues to be analyzed in Engineer Division, Northwestern. identified and assessed restoration 5. Dr. Michael O’Connor, Director of the DSEIS would include effects on alternatives for the lagoon’s southern Research and Development, Federally listed threatened and watershed. Authority and funds for the Headquarters. endangered species, Essential Fish 6. Mr. William Brown, Principal proposed action are provided by Section Habitat, health and safety, water quality, Assistance for Military Program, 528 of the Water Resources and aesthetics and recreation, fish and Headquarters. Development Act of 1996 (Pub. L. 104– wildlife resources, cultural resources, 7. Ms. Linda Garvin, Director of Real 303). A reconnaissance report has been socioeconomic resources, and other Estate, Headquarters. completed and resulted in a issues identified through scoping and 8. Mr. Steve Browning, Military and recommendation to continue the study public involvement. Technical Director, South Pacific into the feasibility phase. The proposed action would be Division. The Indian River Lagoon-North coordinated with the U.S. Fish and 9. Mr. Donald Basham, Civil Works estuarine ecosystem consists of three Wildlife Service and the National and Management Director, Mississippi major water bodies: The Indian River, Marine Fisheries Service (NMFS) Valley Division. the Banana River, and the Mosquito pursuant to Section 7 of the Endangered Lagoon. This estuary is comprised of Species Act, with the NMFS concerning Luz D. Ortiz, shallow interconnected linear lagoons Essential Fish Habitat, and with the Army Federal Register Liaison Officer. interspersed with various types of State Historic Preservation Officer. [FR Doc. 02–29882 Filed 11–22–02; 8:45 am] habitats including seagrass, mangroves, The proposed action would also BILLING CODE 3710–08–M and salt marsh. Tropical climatic involve evaluation for compliance with

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guidelines pursuant to Section 404(b) of center.doe.gov, (reference Notice of SUMMARY: This notice announces a the Clean Water Act; application (to the Intent for Nuclear Explosion meeting of the Environmental State of Florida) for Water Quality Monitoring, published November 5, Management Site-Specific Advisory Certification pursuant to Section 401 of 2002). IIPS provides the medium for Board (EM SSAB), Oak Ridge. The the Clean Water Act; certification of disseminating solicitations, receiving Federal Advisory Committee Act (Pub. state lands, easements, and rights of proposals and evaluating proposals in a L. 92–463, 86 Stat. 770) requires that way; and determination of Coastal Zone paperless environment. Proposals are public notice of these meeting be Management Act consistency. required to be submitted via IIPS. announced in the Federal Register. The Corps and the non-Federal Individuals who have the authority to DATES: Wednesday, December 11, 2002 sponsor, St. Johns River Water enter into a financial assistance 6 p.m.–9:30 p.m. Management District, would provide agreement or contract on behalf of their extensive information and assistance on institution and intend to submit a ADDRESSES: DOE Information Center, the resources to be impacted and proposal via the IIPS system must 475 Oak Ridge Turnpike, Oak Ridge, alternatives. register with IIPS and receive TN. d. Scoping Meetings. Public scoping confirmation that they are registered meetings would be held. Exact dates, prior to being able to submit a proposal. FOR FURTHER INFORMATION CONTACT: Pat times, and locations would be published An IIPS ‘‘User Guide for Contractor’’ can Halsey, Federal Coordinator, in local papers. be obtained by going to the IIPS Department of Energy Oak Ridge e. DSEIS Availability. The DSEIS Homepage at the following URL: http:/ Operations Office, P.O. Box 2001, EM– would be available on or about May /e-center.doe.gov and then clicking on 90, Oak Ridge, TN 37831. Phone (865) 2006. the ‘‘Help’’ button. Questions regarding 576–4025; Fax (865) 576–5333 or e-mail: the operation of IIPS may be e-mailed to [email protected]. Dated: November 12, 2002. the IIPS Help Desk at IIPSHelpDesk@e- SUPPLEMENTARY INFORMATION: Purpose of James C. Duck, center.doe.gov or call the help desk at the Board: The purpose of the Board is Chief, Planning Division. (800) 683–0751. [FR Doc. 02–29883 Filed 11–22–02; 8:45 am] to make recommendations to DOE and FOR FURTHER INFORMATION CONTACT: its regulators in the areas of BILLING CODE 3710–AJ–M Gloria Abdullah-Lewis, Contract environmental restoration, waste Specialist, U.S. Department of Energy, management, and related activities. National Nuclear Security DEPARTMENT OF ENERGY Administration, 1301 Clay Street (Room Tentative Agenda: 700N), Oakland, CA 94612–5208; email • The meeting presentation will focus [DE–PS03–03SF22698] [email protected]. on the DOE Comprehensive Waste Solicitation for Proposals: Nuclear SUPPLEMENTARY INFORMATION: Research Disposition Plan, which provides the Explosion Monitoring Research and products under this solicitation shall scope, waste generation forecast, plans Engineering support Air Force requirements in for disposal, and issues associated with improving the nation’s capabilities to disposition of Environmental AGENCY: National Nuclear Security monitor nuclear explosion monitoring. Management Program wastes. Administration (NNSA), Department of Information about the NNSA Nuclear Public Participation: The meeting is Energy (DOE) and Air Force Research Explosion Monitoring Research & open to the public. Written statements Laboratory (AFRL). Engineering Program integration of may be filed with the Committee either ACTION: Notice of intent to release research products into operational form before or after the meeting. Individuals solicitation for financial assistance and for the Air Force can be found online at who wish to make oral statements acquisition proposals. http://www.nemre.nn.doe.gov under pertaining to agenda items should Knowledge Base. The solicitation contact Pat Halsey at the address or SUMMARY: The DOE/NNSA and AFRL, document will contain all the telephone number listed above. through the NNSA Oakland Operations information related to this action for Requests must be received five days Office, intends to seek proposals to prospective proposers. The North prior to the meeting and reasonable advance the state-of-the-art in nuclear American Industry Classification provision will be made to include the explosion monitoring in the field of System (NAICS) number for this presentation in the agenda. The Deputy seismic methods. This will be achieved program is 541710. Designated Federal Officer is through basic and applied research that Issued in Oakland, CA on November 18, empowered to conduct the meeting in a enhances understanding of the 2002. fashion that will facilitate the orderly underlying phenomena, proposes new Ernest Rios, conduct of business. Each individual methods of tackling monitoring Division Director, Financial Assistance wishing to make public comment will problems, or develops new data for use Center, Oakland Operations Office. be provided a maximum of five minutes in nuclear explosion monitoring. It is [FR Doc. 02–29864 Filed 11–22–02; 8:45 am] to present their comments. anticipated this solicitation will be BILLING CODE 6450–01–P Minutes: Minutes of this meeting will released on or about November 30, be available for public review and 2002. copying at the Department of Energy’s ADDRESSES: The formal solicitation DEPARTMENT OF ENERGY Information Center at 475 Oak Ridge document, Joint Solicitation for Turnpike, Oak Ridge, TN between 8 Proposals: Nuclear Explosion Environmental Management Site- a.m. and 5 p.m. Monday through Friday, Monitoring Research and Engineering Specific Advisory Board, Oak Ridge or by writing to Pat Halsey, Department (DE-PS03–03SF22698), will be available Reservation; Notice of Open Meeting of Energy Oak Ridge Operations Office, through the Industry Interactive AGENCY: Department of Energy. P.O. Box 2001, EM–90, Oak Ridge, TN Procurement System (IIPS) located at 37831, or by calling her at (865) 576– ACTION: Notice of open meeting. the following URL: http://e- 4025.

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Issued at Washington, DC on November 19, DEPARTMENT OF ENERGY 20426, in accordance with Sections 2002. 385.214 or 385.211 of the Commission’s Belinda G. Hood, Federal Energy Regulatory Rules and Regulations. All such motions Acting Deputy Advisory Committee Commission or protests must be filed in accordance Management Officer. [Docket No. EL02–113–000] with Section 154.210 of the [FR Doc. 02–29863 Filed 11–22–02; 8:45 am] Commission’s Regulations. Protests will be considered by the Commission in BILLING CODE 6450–01–P El Paso Electric Company, Enron Power Marketing, Inc., Enron Capital determining the appropriate action to be and Trade Resources Corporation; taken, but will not serve to make DEPARTMENT OF ENERGY Notice Establishing Comment Date protestants parties to the proceedings. Any person wishing to become a party Federal Energy Regulatory November 18, 2002. must file a motion to intervene. This Commission On August 13, 2002, the Commission filing is available for review at the issued an order initiating investigation, Commission in the Public Reference and establishing hearing procedures and Room or may be viewed on the [Docket No. RP03–60–001] refund effective date (Order) in the Commission’s website at http:// CenterPoint Energy Gas Transmission above-docketed proceeding. By this www.ferc.gov using the ‘‘FERRIS’’ link. notice, the date for the filing of motions Company; Notice of Changes to Tariff Enter the docket number excluding the to intervene, comments, and protests is Filing last three digits in the docket number November 29, 2002. field to access the document. For Assistance, please contact FERC Online November 19, 2002. Linwood A. Watson, Jr., Support at Take notice that on November 15, Deputy Secretary. [email protected] or toll- 2002, CenterPoint Energy Gas [FR Doc. 02–29830 Filed 11–22–02; 8:45 am] free at (866) 208–3676, or TTY, contact Transmission Company (CEGT) filed to BILLING CODE 6717–01–P (202) 502–8659. Comments, protests and cancel a tariff sheet, Original Sheet No. interventions may be filed electronically 132A, that had been erroneously via the Internet in lieu of paper. The DEPARTMENT OF ENERGY included in this proceeding. Commission strongly encourages Any person desiring to protest said Federal Energy Regulatory electronic filings. See 18 CFR filing should file a protest with the Commission 385.2001(a)(1)(iii) and the instructions Federal Energy Regulatory Commission, on the Commission’s web site under the 888 First Street, NE., Washington, DC [Docket No. RP03–75–000] ‘‘e-Filing’’ link. 20426, in accordance with Section Kern River Gas Transmission Linwood A. Watson, Jr., 385.211 of the Commission’s Rules and Company; Notice of Proposed Deputy Secretary. Regulations. All such protests must be Changes in FERC Gas Tariff [FR Doc. 02–29861 Filed 11–22–02; 8:45 am] filed in accordance with Section BILLING CODE 6717–01–P 154.210 of the Commission’s November 19, 2002. Regulations. Protests will be considered Take notice that on November 14, by the Commission in determining the 2002, Kern River Gas Transmission DEPARTMENT OF ENERGY appropriate action to be taken, but will Company (Kern River) tendered for not serve to make protestants parties to filing as part of its FERC Gas Tariff, Federal Energy Regulatory the proceedings. This filing is available Second Revised Volume No. 1, the Commission for review at the Commission in the following tariff sheets, to be effective as Public Reference Room or may be indicated below: [Docket No. RP02–547–001] viewed on the Commission’s website at 2nd Revised Ninth Revised Sheet No. 5 http://www.ferc.gov using the ‘‘FERRIS’’ (Effective 1–1–03) National Fuel Gas Supply Corporation; link. Enter the docket number excluding 1st Rev Tenth Revised Sheet No. 5 (Effective Notice of Compliance Filing the last three digits in the docket 5–1–03) Fifth Revised Sheet No. 5–A (Effective 1–1– November 19, 2002. number field to access the document. 03) Take notice that on November 15, For Assistance, please contact FERC 1st Revised Seventh Revised Sheet No. 6 2002 National Fuel Gas Supply Online Support at (Effective 1–1–03) Corporation (National Fuel) tendered for [email protected] or toll- 1st Rev Eighth Revised Sheet No. 6 (Effective filing as part of its FERC Gas Tariff, free at (866) 208–3676, or TTY, contact 5–1–03) Fourth Revised Volume No. 1, the tariff (202) 502–8659. The Commission Kern River states that the purpose of sheets listed in its filing. strongly encourages electronic filings. this filing is to revise its tariff to National Fuel states that this filing is See 18 CFR 385.2001(a)(1)(iii) and the incorporate the Gas Research Institute being made in compliance with the instructions on the Commission’s web (GRI) surcharges approved by the Commission’s Order issued on October site under the ‘‘e-Filing’’ link. Commission for 2003. 16, 2002, in the above-referenced Kern River states that it has served a docket. The October 16 Order directed Linwood A. Watson, Jr., copy of this filing upon its customers National Fuel to file revised tariff sheets Deputy Secretary. and interested state regulatory to clarify certain provisions found in [FR Doc. 02–29859 Filed 11–22–02; 8:45 am] commissions. Section 10.8 of its General Terms and BILLING CODE 6717–01–P Any person desiring to be heard or to Conditions which provides National protest said filing should file a motion Fuel with the authority to terminate to intervene or a protest with the capacity release awards upon Federal Energy Regulatory Commission, termination of the releasing shipper’s 888 First Street, NE., Washington, DC contract or award and defines

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replacement shippers’ rights in this the proposed tariff sheets be made separate proceedings is consolidated situation. effective November 1, 2002. into the above tariff sheets. National Fuel states that copies of this GTN further states that a copy of this Questar further states that copies of filing were served upon its customers, filing has been served on GTN’s this filing were served upon Questar’s interested state commissions and the jurisdictional customers and interested customers, the Public Service parties on the official service list state regulatory agencies. Commission of Utah and the Public compiled by the Secretary in this Any person desiring to protest said Service Commission of Wyoming. proceeding. filing should file a protest with the Any person desiring to protest said Any person desiring to protest said Federal Energy Regulatory Commission, filing should file a protest with the filing should file a protest with the 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 20426, in accordance with Section 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC 385.211 of the Commission’s Rules and 20426, in accordance with Section 20426, in accordance with Section Regulations. All such protests must be 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and filed in accordance with Section Regulations. All such protests must be Regulations. All such protests must be 154.210 of the Commission’s filed in accordance with Section filed in accordance with Section Regulations. Protests will be considered 154.210 of the Commission’s 154.210 of the Commission’s by the Commission in determining the Regulations. Protests will be considered Regulations. Protests will be considered appropriate action to be taken, but will by the Commission in determining the by the Commission in determining the not serve to make protestants parties to appropriate action to be taken, but will appropriate action to be taken, but will the proceedings. This filing is available not serve to make protestants parties to not serve to make protestants parties to for review at the Commission in the the proceedings. This filing is available the proceedings. This filing is available Public Reference Room or may be for review at the Commission in the for review at the Commission in the viewed on the Commission’s website at Public Reference Room or may be Public Reference Room or may be http://www.ferc.gov using the ‘‘FERRIS’’ viewed on the Commission’s website at viewed on the Commission’s website at link. Enter the docket number excluding http://www.ferc.gov using the ‘‘FERRIS’’ http://www.ferc.gov using the ‘‘FERRIS’’ the last three digits in the docket link. Enter the docket number excluding link. Enter the docket number excluding number field to access the document. the last three digits in the docket the last three digits in the docket For Assistance, please contact FERC number field to access the document. number field to access the document. Online Support at For Assistance, please contact FERC For Assistance, please contact FERC [email protected] or toll- Online Support at Online Support at free at (866) 208–3676, or TTY, contact [email protected] or toll- [email protected] or toll- (202) 502–8659. The Commission free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact strongly encourages electronic filings. (202) 502–8659. The Commission (202) 502–8659. The Commission See 18 CFR 385.2001(a)(1)(iii) and the strongly encourages electronic filings. strongly encourages electronic filings. instructions on the Commission’s web See 18 CFR 385.2001(a)(1)(iii) and the See 18 CFR 385.2001(a)(1)(iii) and the site under the ‘‘e-Filing’’ link. instructions on the Commission’s web instructions on the Commission’s web site under the ‘‘e-Filing’’ link. Linwood A. Watson, Jr., site under the ‘‘e-Filing’’ link. Deputy Secretary. Linwood A. Watson, Jr., Linwood A. Watson, Jr., [FR Doc. 02–29857 Filed 11–22–02; 8:45 am] Deputy Secretary. Deputy Secretary. BILLING CODE 6717–01–P [FR Doc. 02–29856 Filed 11–22–02; 8:45 am] [FR Doc. 02–29858 Filed 11–22–02; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Federal Energy Regulatory Federal Energy Regulatory Commission Commission [Docket No. RP00–397–006] [Docket No. RP03–73–000] [Docket No. RP02–331–002] Questar Pipeline Company; Notice of Compliance Filing Tennessee Gas Pipeline Company; PG&E Gas Transmission, Northwest Notice of Tariff Filing November 19, 2002. Corporation; Notice of Compliance Filing Take notice that on November 15, November 19, 2002. 2002, Questar Pipeline Company Take notice that on November 13, November 19, 2002. (Questar), tendered for filing as part of 2002, Tennessee Gas Pipeline Company Take notice that on November 15, its FERC Gas Tariff, First Revised (Tennessee), tendered for filing revised 2002, PG&E Gas Transmission, Volume No. 1, the following tariff sheets tariff sheets as part of its FERC Gas Northwest Corporation (GTN), tendered to be effective as indicated on each tariff Tariff, Fifth Revised Volume No. 1: for filing proposed and alternate tariff sheet: Twenty-Second Revised Sheet No. 26A; sheets to comply with the Commission’s Substitute Eighth Revised Sheet No. 1, Seventh Revised Sheet No. 180; and October 31, 2002 Order On Compliance Effective October 1, 2002 Fourth Revised Sheet No. 220A, with an Filing in Docket Nos. RP02–331–000 Substitute Twenty-Fifth Revised Sheet No. 5, effective date of December 13, 2002. and RP02–331–001. This proceeding Effective October 1, 2002 Tennessee states that this filing is to primarily addresses issues related to the Substitute Seventh Revised Sheet No. 56, update Rate Schedule NET and Rate design of incremental fuel rates Effective December 1, 2002 Schedule NET–284 to reflect the associated with GTN’s 2002 Pipeline Questar states that tariff language that conversion of five shippers to service Expansion Project. GTN requests that was approved in the referenced four under Rate Schedule FT–A.

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Any person desiring to be heard or to intervene, comments, and protests is proposed pipeline originates in the protest said filing should file a motion December 5, 2002. Bahamas and would come ashore east of Dania, Florida. These facilities would to intervene or a protest with the Linwood A. Watson, Jr., Federal Energy Regulatory Commission, consist of about 54.3 miles of 24-inch Deputy Secretary. 888 First Street, NE., Washington, DC diameter pipeline (about 48.0 miles [FR Doc. 02–29829 Filed 11–22–02; 8:45 am] 20426, in accordance with Sections offshore and 6.3 miles onshore), two 385.214 or 385.211 of the Commission’s BILLING CODE 6717–01–P aboveground metering facilities, a pig Rules and Regulations. All such motions launching/receiving station, one or protests must be filed in accordance aboveground shutoff valve, and one DEPARTMENT OF ENERGY belowground valve. This EIS will be with Section 154.210 of the used by the Commission in its decision- Commission’s Regulations. Protests will Federal Energy Regulatory making process to determine whether Commission be considered by the Commission in the project is in the public convenience determining the appropriate action to be [Docket No. CP02–90–001] and necessity. The MMS will have taken, but will not serve to make primary responsibility for offshore protestants parties to the proceedings. AES Ocean Express, L.L.C.; Notice of analysis in U.S. waters and will Any person wishing to become a party Intent To Prepare an Environmental coordinate with the U.S. Army Corps of must file a motion to intervene. This Impact Statement for the Proposed Engineers regarding Florida state waters filing is available for review at the Ocean Express Pipeline Project, review. Commission in the Public Reference Request for Comments on The application, amended Room or may be viewed on the Environmental Issues, and Notice of a application, and other supplemental Commission’s website at http:// Public Scoping Meeting and Site Visit filings in this docket are available for www.ferc.gov using the ‘‘FERRIS’’ link. viewing on the FERC Internet website November 19, 2002. Enter the docket number excluding the (http://www.ferc.gov). Click on the last three digits in the docket number On February 21, 2002, AES Ocean ‘‘FERRIS’’ link, select ‘‘General Search’’ Express, L.L.C. (Ocean Express) filed its field to access the document. For from the FERRIS Menu, and follow the Application for Certificates of Public Assistance, please contact FERC Online instructions, being sure to input the Convenience and Necessity for Support at correct docket number (CP02–90). authorization to own, construct, operate General information about the MMS and [email protected] or toll- and maintain a new 24-inch diameter, free at (866) 208–3676, or TTY, contact detailed information regarding Florida approximately 54.3-mile interstate state and Federal waters can be accessed (202) 502–8659. Comments, protests and natural gas pipeline extending from a at the MMS Internet website (http:// interventions may be filed electronically receipt point on the Exclusive Economic www.mms.gov). via the Internet in lieu of paper. The Zone (‘‘EEZ’’) boundary between the The FERC is the lead agency and the Commission strongly encourages United States and the Bahamas to MMS is a Federal cooperating agency electronic filings. See 18 CFR delivery points in Broward County, for this project because the MMS has 385.2001(a)(1)(iii) and the instructions Florida, together with certain ancillary jurisdiction by law as well as special on the Commission’s web site under the facilities. Shortly after Ocean Express expertise regarding the potential ‘‘e-Filing’’ link. filed that application, on March 26, environmental impacts associated with 2002, the Naval Surface Warfare Center, Linwood A. Watson, Jr., that portion of the proposed pipeline Carderock Division (‘‘NSWCCD’’) filed a that would be installed on the Outer Deputy Secretary. motion to intervene in which it Continental Shelf. [FR Doc. 02–29860 Filed 11–22–02; 8:45 am] expressed concerns regarding the If you are a landowner receiving this BILLING CODE 6717–01–P routing of the project and its potential notice, you may be contacted by a impacts on NSWCCD operations. Since pipeline company representative about that time, Ocean Express and NSWCCD the acquisition of an easement to DEPARTMENT OF ENERGY have met and reached an agreement in construct, operate, and maintain the principle on measures to resolve proposed facilities. The pipeline Federal Energy Regulatory NSWCCD’s technical and operational company would seek to negotiate a Commission concerns regarding construction, mutually acceptable agreement. operation, and maintenance of the However, if the project is approved by [Docket Nos. EL03–17–000, QF87–365–005; proposed Ocean Express Pipeline. On the Commission, that approval conveys QF90–43–004 and QF91–59–005] October 18, 2002, Ocean Express filed with it the right of eminent domain. an Amendment to the Application Therefore, if easement negotiations fail Investigation of Certain Enron- proposing a new route variation and to produce an agreement, the pipeline Affiliated QFs, Zond Windsystems design changes for the nearshore portion company could initiate condemnation Holding Company, Victory Garden of Ocean Express’ offshore pipeline in proceedings in accordance with state Phase IV Partnership, Sky River the vicinity of the Navy Restricted Area. law. Partnership; Notice Establishing The staff of the Federal Energy A fact sheet prepared by the FERC Comment Date Regulatory Commission (FERC or entitled ‘‘An Interstate Natural Gas Commission) and the Minerals Facility On My Land? What Do I Need November 14, 2002. Management Service (MMS) will To Know?’’ was attached to the project On October 24, 2002, the Commission prepare an Environmental Impact notice that Ocean Express provided to issued an order initiating investigation Statement (EIS) that will analyze the landowners. This fact sheet addresses a and hearing (Order) in the above- environmental impacts of the proposed number of typically asked questions, 1 docketed proceedings. By this notice, Ocean Express Pipeline Project. The including the use of eminent domain the date for the filing of motions to 1 Ocean Express’ application was filed with the 7) of the Natural Gas Act as amended, and Parts 157 Commission on February 21, 2002, under Section and 284 of the Commission’s regulations.

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and how to participate in the The proposed offshore pipeline send in your request using the form in Commission’s proceedings. It is segment would be located in the Appendix 3. available for viewing on the FERC Atlantic Ocean, off the southeast Florida Internet website (http://www.ferc.gov). coastline, and would consist of TABLE 1.—PROPOSED PIPELINE FA- approximately 48 miles of 24-inch- Summary of the Proposed Project CILITIES FOR THE OCEAN EXPRESS diameter pipeline (Offshore Pipeline). PIPELINE PROJECT Florida is experiencing a substantial The Offshore Pipeline would traverse increase in demand for electric power as the Atlantic Ocean, starting at the U.S./ Location Length a result of population growth in the Bahamian EEZ, passing through Federal (miles) state. The Ocean Express project would and state waters, and end at a shoreline transport into Florida up to 842 million entry east of Dania, Florida to connect U.S. Federal Waters ...... 43.0 standard cubic feet of natural gas per with the proposed onshore pipeline Florida State Waters ...... 5.0 Broward County (Onshore) ...... 6.3 day. The project would deliver the gas segment. to an interconnect with the Florida Gas —Nearshore Pipeline Segment Total New Pipeline Length ...... 1 54.3 Transmission Company (FGT) system The Florida shore approach would be and an interconnect with the Florida 1 Does not include 40.4 miles of non-juris- installed utilizing horizontal directional dictional waters between the Bahamas and Power & Light Company (FPL) gas line drilling (HDD) techniques to minimize the EEZ. that services the FPL Fort Lauderdale impacts to three near-shore reef trends. Power Plant. The pipeline would be directionally TABLE 2.—SUMMARY OF ANCILLARY The Ocean Express Pipeline Project drilled out from the Dania Beach FACILITIES FOR THE OCEAN EX- would be located onshore in Broward Boulevard (Route A1A) traffic circle to PRESS PIPELINE PROJECT County, Florida and offshore in the a point 6,170 feet from shore to a Atlantic Ocean. The project would previously disturbed, former sand Approxi- receive gas at the U.S./Bahamian EEZ at borrow pit located in a gap between two Facility mate Description a subsea connection to a 24-inch reef systems. A second 2,372-foot-long milepost pipeline, referred to as the Bahamian HDD segment (offshore HDD) would Pipeline. The Bahamian Pipeline would extend from the former sand borrow pit Shutoff Valve be- 46.1 Dania Beach transport natural gas from a proposed lowground). Boulevard to a point east of the outermost reef Circle. liquefied natural gas (LNG) receiving, system. Shutoff Valve 52.4 Located prior storage, and regasification facility on The remaining sections of the offshore and Pig to Inter- Ocean Cay, a manmade industrial island segment would be installed by direct Launching/Re- connections in Bimini, Commonwealth of the pipe lay on the sea floor using a ceiving Station with FGT Bahamas. laybarge. AES is evaluating the (aboveground). and FPL. The LNG facility and the Bahamian feasibility of using various methods to 2 Meter Stations 52.4 Meter Station Pipeline are non-jurisdictional facilities either bury the pipeline or cover it with and Pressure connections and would be constructed and operated protective concrete mats along the Regulation to FGT and by AES Ocean LNG, Ltd., a Bahamian segment between the two HDD segments Stations. FPL located on a 0.25- affiliate. The LNG facility would receive and from the second HDD to water acre site. LNG tankers arriving from international depths of approximately 200 feet. Where LNG supply locations. The LNG would water depths exceed 200 feet, the Land Requirements for Construction be offloaded from the tankers and stored offshore pipeline would also be laid in specially designed storage tanks. directly on the sea floor, with no Construction of the onshore portion of From there, the LNG would be covering proposed. the Ocean Express Pipeline Project revaporized in heat exchangers on the —Onshore Pipeline Segment would affect a total of about 34 acres of terminal site and the resulting natural The proposed onshore pipeline would land including: 19 acres for pipeline gas would be fed into the 24-inch- consist of approximately 6.3 miles of 24- construction; 9.4 acres for extra diameter offshore pipeline. inch-diameter pipeline (Onshore workspace; 6.2 acres for a contractor The FERC and MMS authorizations Pipeline). The Onshore Pipeline would yard; and 0.25 acre for aboveground for this project would not extend start at the terminus of the proposed facilities. Total land requirements for eastward of the EEZ. The Government of Offshore Pipeline (the shoreline entry) the permanent right-of-way would be the Bahamas regulates matters and end at the proposed about 11.3 acres. The remaining 23 acres pertaining to the environment and interconnections with the FGT and FPL of land affected by construction would safety and traditionally requires an systems. be restored and allowed to revert to its environmental impact assessment as a The proposed facilities are former use. condition to approving a project such as summarized in tables 1 and 2 below. Approximately 1.6 miles (25 percent) the LNG terminal and Bahamian The general locations of the project of the Onshore Pipeline would be Pipeline. The Government of the facilities are shown in Appendix 1.2 If directionally drilled or bored Bahamas is in the process of reviewing you are interested in obtaining detailed underground. Of the remaining 4.7 the environmental impact assessment maps of a specific portion of the project, miles of the route, approximately 3.8 for these facilities. miles (60 percent) would be installed The LNG facility and the Bahamian 2 The appendices referenced in this notice are not parallel to existing roadway, pipeline, Pipeline are not part of the facilities being printed in the Federal Register. Copies are and utility rights-of-way which are proposed in the Ocean Express available on the Commission’s website at the ‘‘FERRIS’’ link or from the Commission’s Public within commercial/industrial areas and application to the FERC. In its Reference and Files Maintenance Branch, 888 First 0.9 mile (15 percent) would cross open application, Ocean Express seeks Street, NE., Washington, DC 20426, or call (202) land. Ocean Express would typically authority to construct and operate the 502–8371. For instructions on connecting to use a 45-foot-wide construction right-of- following: FERRIS refer to the last page of this notice. Copies of the appendices were sent to all those receiving way. Additional extra temporary work —Offshore Pipeline Segment this notice in the mail. areas may be necessary for waterbody,

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highway, and railroad crossings; —Alternatives —Potential effect on Broward County additional topsoil storage; and pipe We will also evaluate possible tree resources and on rare plants; storage and equipment yards. alternatives to the proposed project or —Effect of construction on groundwater Following construction and portions of the project, and make and surface water supplies; restoration of the right-of-way and recommendations on how to lessen or —Potential introduction and control of temporary extra work spaces, Ocean avoid impacts on the various resource non-native plant species; Express would typically retain a new areas. —Effects on federally endangered and 20-foot-wide permanent easement for Our independent analysis of the threatened species including the the 24-inch-diameter pipeline. The issues will be in the . The will be mailed wood stork, Johnson’s seagrass, remaining portion of the construction to Federal, state, and local agencies, Garber’s spurge, West Indian manatee, right-of-way would be returned to public interest groups, interested loggerhead sea turtle, green sea turtle, landowners for their use without individuals, affected landowners, hawksbill sea turtle, Kemp’s ridley restrictions after appropriate newspapers, libraries, and the sea turtle, and leatherback sea turtle; reclamation efforts are successful. Commission’s official service list for —Potential effects on offshore Constructing the offshore portion of this proceeding. A 45-day comment submerged cultural resources; the Ocean Express Pipeline Project period will be allotted for review of the. —Noise generated as a result of pipeline would affect about 1,840 acres. We will consider all comments on the construction; Installation of the project in State of and revise the document, as necessary, —Temporary disruption of local Florida waters includes two HDD before issuing a Final EIS. The Final EIS roadways, bikeways, and fitness trails segments totaling 1.62 miles and direct will include our responses to comments during construction; lay on the sea floor for 3.38 miles in received and will be used by the —Offshore crossings of the U.S. Naval depths of less than 200 feet. Commission in its decision-making Surface Warfare training facilities and The EIS Process process to determine whether to existing utility cables; approve the project. To ensure your —Potential impacts on 0.7 acre of The National Environmental Policy forested wetlands; Act (NEPA) requires the Commission to comments are considered, please carefully follow the instructions in the —Potential effect of the project on take into account the environmental designated airport runway clearance impacts that could result from an action Public Participation and Scoping Meeting section. zones; whenever it considers the issuance of a —Cumulative effects of the proposed Certificate of Public Convenience and Currently Identified Environmental 3 project with other projects, including Necessity. NEPA also requires us to Issues other natural gas pipelines, which discover and address concerns the The EIS will discuss impacts that have been or may be proposed in the public may have about proposals. This same region and similar time frames; is called ‘‘scoping.’’ The main goal of could occur as a result of the construction and operation of the and the scoping process is to focus the —Safety of the proposed pipeline. analysis in the EIS on the important proposed project. We have already environmental issues. By this Notice of identified a number of issues that Public Participation and Scoping Intent, the Commission requests public deserve attention based on a Meeting comments on the scope of the issues it preliminary review of the proposed facilities, the environmental information You can make a difference by will address in the EIS. All comments providing us with your specific received are considered during the provided by Ocean Express, and early input from intervenors. Some of these comments or concerns about the project. preparation of the EIS. State and local By becoming a commentor, your government representatives are issues are listed below. This list is preliminary and may be changed based concerns will be addressed in the and encouraged to notify their constituents considered by the Commission. You of this proposed action and encourage on your comments and our analysis. Currently identified environmental should focus on the potential them to comment on their areas of environmental effects of the proposal, concern. issues for the Ocean Express Pipeline Project include: alternatives to the proposal (including The EIS will discuss impacts that alternative ), and measures to avoid or —Construction and operational effects could occur as a result of the lessen environmental impact. The more on seagrasses, coral reefs, hard and construction and operation of the specific your comments, the more useful soft bottom communities, mangroves, proposed project under these general they will be. Please carefully follow and aquatic organisms; headings: these instructions to ensure that your —Extent and effects of turbidity and —Geology comments are received in time and sedimentation that may result from —Water resources properly recorded: pipeline trenching and directional —Vegetation —Send an original and two copies of —Cultural resources drilling in shallow waters; —Socioeconomics —Potential failure of the two HDD your letter to: Magalie R. Salas, —Reliability and safety procedures; Secretary, Federal Energy Regulatory —Air quality and noise —Effects on wildlife and fisheries Commission, 888 First St., NE., Room —Soils and sedmients including essential fish habitat and 1A, Washington, DC 20426. —Wetlands, barrier beaches, and fisheries of special concern, other —Label one copy of the comments for submerged aquatic vegetation commercial and recreational fisheries, the attention of Branch. —Fish and wildlife or other species listed at the Federal, —Reference Docket No. —Endangered and threatened species state, or local level; —Mail your comments so that they will —Land use, recreation, and visual be received in Washington, DC on or resources —Potential fuel spills from the pipelay barges and associated vessel traffic; before December 20, 2002. 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the —Potential effects on West Lake Park Please note that we are continuing to environmental staff of the Office of Energy Projects and the Airport Buffer Strip Park; experience delays in mail deliveries (OEP). —Potential effect on future land use; from the U.S. Postal Service. As a result,

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we will include all comments that we /www.ferc.gov under the ‘‘e-Filing’’ link Information Request . If you do not receive within a reasonable time frame and the link to the User’s Guide. Before return the Information Request, you will in our environmental analysis of this you can file comments you will need to be taken off the mailing list. project. However, the Commission create a free account which can be In addition to or in lieu of sending strongly encourages electronic filing of created by clicking on ‘‘Login to File’’ written comments, we invite you to any comments or interventions or and then ‘‘New User Account.’’ attend the public scoping meeting the protests to this proceeding. See 18 CFR If you do not want to send comments FERC will conduct in the project area. 385.2001(a)(1)(iii) and the instructions at this time but still want to remain on The location and time for this meeting on the Commission’s web site at http:/ our mailing list, please return the is listed below.

SCHEDULE FOR THE OCEAN EXPRESS PIPELINE PROJECT ENVIRONMENTAL IMPACT STATEMENT PUBLIC SCOPING MEETING

Date and time Location Phone

December 3, 2002 at 7 p.m ...... I.T. Parker Community Center, 901 N.E. Third Street, Dania Beach, (916) 973–4703 FL 33004.

The public meeting is designed to intervenor status upon showing good DEPARTMENT OF ENERGY provide you with more detailed cause by stating that they have a clear information and another opportunity to and direct interest in this proceeding Federal Energy Regulatory offer your comments on the proposed which would not be adequately Commission project. Prior to the start of the meeting, represented by any other parties. You do company representatives will be not need intervenor status to have your [Docket No. CP03–2–000] available to informally discuss the environmental comments considered. project. Interested groups and Energy West Development, Inc.; Notice individuals are encouraged to attend the Environmental Mailing List of Intent To Prepare an Environmental meeting and to present comments on the Assessment for the Proposed environmental issues they believe This notice is being sent to Shoshone Pipeline Conversion Project should be addressed in the Draft EIS. A individuals, organizations, and and Request for Comments on transcript of the meeting will be made government entities interested in and/or Environmental Issues so that your comments will be potentially affected by the proposed accurately recorded. project. It is also being sent to all November 19, 2002. On the morning of December 4th, the identified potential right-of-way The staff of the Federal Energy staff will be visiting some project areas. grantors. By this notice we are also Regulatory Commission (FERC or At this time, we are still coordinating asking governmental agencies, Commission) will prepare an the logistical arrangements for the site especially those in , to express their environmental assessment (EA) that will visit. Anyone interested in participating interest in becoming cooperating discuss the potential environmental in a site visit may contact the agencies for the preparation of the . impacts of a proposal by Energy West Commission’s Office of External Affairs Development, Inc. (EWD) to convert a (866–208–FERC) for more details. Additional Information 30-mile-long segment of an existing pipeline to natural gas service.1 This Individuals must provide their own Additional information about the transportation. pipeline, referred to as the ‘‘Shoshone project is available from the Pipeline,’’ is 6 inches in diameter and Becoming an Intervenor Commission’s Office of External Affairs, extends between a point north of Cody, In addition to involvement in the at 1–866–208-FERC, or on the FERC Parker County, Wyoming, and a point scoping process, you may want to Internet website (http:// northwest of Warren, Carbon County, become an official party to the www.ferc.gov)using the FERRIS link. Montana.2 This EA will be used by the proceeding known as an ‘‘intervenor’’. Click on the FERRIS link, enter the Commission in its decision-making Intervenors play a more formal role in docket number excluding the last three process to determine whether the the process. Among other things, digits in the Docket Number field. Be project is in the public convenience and intervenors have the right to receive sure you have selected an appropriate necessity. copies of case-related Commission date range. For assistance with FERRIS, A fact sheet prepared by the FERC documents and filings by other the FERRIS helpline can be reached at entitled ‘‘An Interstate Natural Gas intervenors. Likewise, each intervenor 1–866–208–3676, TTY (202) 502–8659, Facility On My Land? What Do I Need must provide 14 copies of its filings to or at [email protected]. The To Know?’’ was attached to the project the Secretary of the Commission and FERRIS link on the FERC Internet notice EWD provided to affected must send a copy of its filings to all website also provides access to the texts landowners. This fact sheet addresses a other parties on the Commission’s of formal documents issued by the number of typically asked questions, service list for this proceeding. If you Commission, such as orders, notices, including the use of eminent domain want to become an intervenor you must and rulemakings. and how to participate in the file a motion to intervene according to Commission’s proceedings. It is Rule 214 of the Commission’s Rules of Linwood A. Watson, Jr., Practice and Procedure (18 CFR Deputy Secretary. 1 EWD’s application was filed with the 385.214) (see appendix 2).4 Only Commission under Section 7 of the Natural Gas Act [FR Doc. 02–29854 Filed 11–22–02; 8:45 am] intervenors have the right to seek and part 157 of the Commission’s regulations. BILLING CODE 6717–01–P 2 The pipeline was constructed in 1960 to rehearing of the Commission’s decision. transport liquid petroleum products. It was Affected landowners and parties with previously owned by Montana Power Company, environmental concerns may be granted and has not been in use for at least the last 7 years.

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available for viewing on the FERC received are considered during the you can file comments you will need to Internet website (http://www.ferc.gov). preparation of the EA. State and local create a free account which can be government representatives are Summary of the Proposed Project created by clicking on ‘‘Login to File’’ encouraged to notify their constituents and then ‘‘New User Account.’’ EWD wants to convert about 30 miles of this proposed action and encourage of an existing pipeline in northern them to comment on their areas of Becoming an Intervenor Wyoming and southern Montana to concern. In addition to involvement in the EA natural gas service. The conversion Our independent analysis of the would enable EWD to transport about issues will be in the EA. Depending on scoping process, you may want to 13,500 million Btus of natural gas per the comments received during the become an official party to the day between an interconnection with scoping process, the EA may be proceeding known as an ‘‘intervenor’’. Energy West Wyoming at the north city published and mailed to Federal, state, Intervenors play a more formal role in gate of Cody, Wyoming, and an and local agencies, public interest the process. Among other things, interconnection with a pipeline owned groups, interested individuals, affected intervenors have the right to receive by Montana Power Company northwest landowners, newspapers, libraries, and copies of case-related Commission of Warren, Montana. The general the Commission’s official service list for documents and filings by other location of the project facilities is shown this proceeding. A comment period will intervenors. Likewise, each intervenor in appendix 1.3 EWD states that it be allotted for review if the EA is must provide 14 copies of its filings to already owns and possesses all published. We will consider all the Secretary of the Commission and necessary rights-of-way for operation of comments on the EA before we make must send a copy of its filings to all the Shoshone Pipeline. our recommendations to the other parties on the Commission’s The only construction associated with Commission. service list for this proceeding. If you the conversion project would be the To ensure your comments are want to become an intervenor, you must installation of a metering facility at the considered, please carefully follow the file a motion to intervene according to northern terminus of the pipeline. The instructions in the public participation Rule 214 of the Commission’s Rules of metering facilities would be located in section below. Practice and Procedure (18 CFR an area measuring about 30 feet wide by Public Participation 385.214) (see appendix 2).5 Only 80 feet long on EWD’s existing right-of- intervenors have the right to seek way in section 17, township 8 south, You can make a difference by rehearing of the Commission’s decision. range 25 east in Carbon County, providing us with your specific Montana. The facilities would consist of comments or concerns about the project. Affected landowners and parties with a meter, related aboveground By becoming a commentor, your environmental concerns may be granted equipment, and an aboveground skid- concerns will be addressed in the EA intervenor status upon showing good mounted building to house electronics. and considered by the Commission. You cause by stating that they have a clear The meter itself would be installed should focus on the potential and direct interest in this proceeding between two existing flanged risers. The environmental effects of the proposal, which would not be adequately area would be fenced and gravel applied alternatives to the proposal, and represented by any other parties. You do to the ground surface. No excavations measures to avoid or lessen not need intervenor status to have your would be required. environmental impact. The more environmental comments considered. specific your comments, the more useful The EA Process they will be. Please carefully follow Additional Information The National Environmental Policy these instructions to ensure that your Act (NEPA) requires the Commission to comments are received in time and This notice is being sent to take into account the environmental properly recorded: individuals, organizations, and impacts that could result from an action • Send an original and two copies of government entities interested in and/or whenever it considers the issuance of a your letter to: Magalie R. Salas, potentially affected by the proposed Certificate of Public Convenience and Secretary, Federal Energy Regulatory project. Additional information about Necessity. NEPA also requires us 4 to Commission, 888 First Street, NE., the project is available from the discover and address concerns the Room 1A, Washington, DC 20426. Commission’s Office of External Affairs, public may have about proposals. We • Label one copy of the comments for at 1–866–208–FERC or on the FERC call this ‘‘scoping’’. The main goal of the the attention of Gas 1, PJ–11.1. Internet website (http://www.ferc.gov) scoping process is to focus the analysis • Reference Docket No. CP03–2–000. using the FERRIS link. Click on the • in the EA on the important Mail your comments so that they FERRIS link, enter the docket number environmental issues. By this Notice of will be received in Washington, DC on excluding the last three digits in the Intent, the Commission requests public or before December 20, 2002. Docket Number field. Be sure you have Please note that we are continuing to comments on the scope of the issues it selected an appropriate date range. For will address in the EA. All comments experience delays in mail deliveries from the U.S. Postal Service. As a result, assistance with FERRIS, the FERRIS helpline can be reached at 1–866–208– 3 we will include all comments that we The appendices referenced in this notice are not 3676, TTY (202) 502–8659, or at being printed in the Federal Register. Copies are receive within a reasonable time frame available on the Commission’s website at the in our environmental analysis of this [email protected]. The ‘‘FERRIS’’ link or from the Commission’s Public project. However, the Commission FERRIS link on the FERC Internet Reference and Files Maintenance Branch, 888 First website also provides access to the texts Street, NE., Washington, DC 20426, or call (202) strongly encourages electronic filing of 502–8371. For instructions on connecting to any comments or interventions or of formal documents issued by the FERRIS refer to the last page of this notice. Copies protests to this proceeding. See 18 CFR of the appendices were sent to all those receiving 385.2001(a)(1)(iii) and the instructions this notice in the mail. 5 4 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the on the Commission’s web site at http:/ Interventions may also be filed electronically via environmental staff of the Office of Energy Projects /www.ferc.gov under the ‘‘e-Filing’’ link the Internet in lieu of paper. See the previous (OEP). and the link to the User’s Guide. Before discussion on filing comments electronically.

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Commission, such as orders, notices, person to petition the EPA required by Section 173(a)(5)of the Act and rulemakings. Administrator within 60 days after the and state law. expiration of this review period to On October 30, 2002, the Linwood A. Watson, Jr., object to State operating permits if EPA Administrator issued an order denying Deputy Secretary. has not done so. Petitions must be based the petition. The order explains the [FR Doc. 02–29855 Filed 11–22–02; 8:45 am] only on objections to the permit that reasons for the Administrator’s decision. BILLING CODE 6717–01–P were raised with reasonable specificity Dated: November 13, 2002. during the public comment period Gregg A. Cooke, provided by the State, unless the ENVIRONMENTAL PROTECTION petitioner demonstrates that it was Regional Administrator, Region 6. AGENCY impracticable to raise these issues [FR Doc. 02–29887 Filed 11–22–02; 8:45 am] BILLING CODE 6560–50–P [FRL–7413–4] during the comment period or the grounds for the issues arose after this Clean Air Act Operating Permit period. Suzanne Dickey and Eric Rochkind ENVIRONMENTAL PROTECTION Program; Petition for Objection to AGENCY State Operating Permit for the submitted a petition on behalf of the ENGAGE Plant Modification, Dow Louisiana Environmental Action [FRL–7413–2] Chemical Company Plaquemine, Network (LEAN or Petitioner), Iberville Parish, LA requesting that the Administrator object Comprehensive Environmental to a modified title V operating permit Response, Compensation and Liability AGENCY: Environmental Protection issued by the Louisiana Department of Act (CERCLA) or Superfund, Section Agency (EPA). Environmental Quality (LDEQ) to Dow 128(a); Notice of Grants Funding ACTION: Notice of final order on petition Chemical Company (Dow), for the Guidance for State and Tribal to object to state operating permit. construction of a new production Response Programs train—the Engage train—at Dow’s SUMMARY: This notice announces that existing facilities in Plaquemine, AGENCY: Environmental Protection the EPA Administrator has denied the Iberville Parish, Louisiana. Agency. petition to object to a state operating The petition requests that the ACTION: Notice. permit issued by the Louisiana Administrator object to the Dow permit SUMMARY: Department of Environmental Quality based on the following grounds: (1) The The Environmental Protection (LDEQ) for the ENGAGE plant offset credits required by the Agency (EPA) will begin to accept modification at Dow Chemical Company Nonattainment New Source Review proposals on November 25, 2002, for in Plaquemine, Louisiana. Pursuant to regulations are invalid because the grants to supplement State and Tribal section 505(b)(2) of the Clean Air Act baseline used to calculate the credits Response Programs cleanup capacity. (Act), the petitioner may seek judicial was flawed; (2) The offset credits were This notice provides guidance on review of this petition response in the not valid because the reductions were eligibility for funding, use of funding, United States Court of Appeals for the not surplus to legally required grant mechanisms and process for Fifth Circuit. Any petition must be filed reductions at the time of proposed use, awarding funding, the allocation system within 60 days of the date this notice as required by Section 173(c)(2) of the for distribution of funding, and terms appears in the Federal Register, Act; (3) The offset credits were based on and reporting under these grants. EPA pursuant to section 307(d) of the Act. reductions previously used or relied has consulted with State and tribal upon by the State of Louisiana to meet officials in developing this guidance. ADDRESSES: You may review copies of Since 1997, the EPA Brownfields the final order, the petition, and other the 15% Rate of Progress requirements under Section 182(b)(1) of the Act; (4) program has been funding state and supporting information at the tribal response programs including Environmental Protection Agency, The offset credits were not identified with sufficient specificity to inform the Superfund Core funding for state and Region 6, 1445 Ross Avenue, Dallas, tribal voluntary cleanup programs and Texas 75202–2733. If you wish to public of the basis of the credits; (5) The offset credits are invalid because the pre-remedial site assessment funding for examine these documents, you should state- and tribal-conducted Targeted make an appointment at least 24 hours Louisiana emission reduction credit bank has not required emissions to be Brownfields Assessments (TBA). before visiting day. The final order is surplus at the time of use and has not Through section 128(a), Congress built also available electronically at the maintained an accurate accounting of upon these activities and provided EPA following address: http://www.epa.gov/ credit balances; (6) LDEQ should with expanded authority to fund other region07/programs/artd/air/title5/ confiscate the Louisiana emission activities that build capacity for state petitiondb/petitiondb2001.htm. reduction credit bank in implementing and tribal response programs as well as FOR FURTHER INFORMATION CONTACT: approved contingency measures authority to grant funds to states and Bonnie Braganza, Air Permitting pursuant to Sections 172(c)(9) and Indian tribes to capitalize revolving loan Section, Multimedia Planning and 182(c)(8) of the Act; (7) The Dow funds and support insurance Permitting Division, U.S. Environmental emission reduction credit application is mechanisms. One goal of this funding is Protection Agency, Region 6, 1445 Ross invalid because it fails to meet the to ensure that state and tribal response Avenue, Dallas, Texas 75202–2733, requirements of the Louisiana emission programs include, or are taking telephone (214) 665–7340, or e-mail at reduction banking rules; (8) A new reasonable steps to include, certain [email protected]. facility in the Baton Rouge elements and another is to provide SUPPLEMENTARY INFORMATION: The Clean nonattainment area will hinder funding for other activities that increase Air Act (Act) affords EPA a 45-day reasonable further progress toward the number of response actions period to review, and object to as achieving the ozone standard in conducted or overseen, by a state or appropriate, operating permits proposed violation of Sections 172, 173, and 182 tribal response program. by state permitting authorities. Section of the Act; and (9) The Dow permit fails This funding is not intended to 505(b)(2) of the Act authorizes any to satisfy the alternative sites analysis supplant current state or tribal funding

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for their response programs. Instead, it programs to spur cleanup and technical assistance to states and Indian is to supplement their funding to redevelopment. In passing section tribes as they apply for and carry out increase their cleanup capacity. 128(a), Congress recognized the section 128(a) grants. For fiscal year 2003, EPA will accomplishments of state response Eligibility for Funding consider funding requests up to a programs in cleaning up and maximum of $1.5 million per state or redeveloping brownfield sites. Section To be eligible to receive funding Indian tribe. EPA will target funding of 128(a) also provides EPA with an under CERCLA section 128(a), a state or at least $1 million per year for tribal opportunity to strengthen its Indian tribe must demonstrate that their response programs to ensure adequate partnership with states and Indian response program includes, or is taking funding for tribal response programs. tribes. reasonable steps to include, the four Subject to the availability of funds, Since 1997, the EPA Brownfields elements of a response program, EPA regional enforcement and program program has been funding state and described below. Congress also staff will be available to provide tribal response programs including recognized the effectiveness and technical assistance to states and Indian Superfund Core funding for state and efficiencies of Memoranda of Agreement tribes as they apply for and carry out tribal voluntary cleanup programs and (MOAs) by making states or Indian these grants. pre-remedial site assessment funding for tribes that are parties to voluntary DATES: This action is effective as of state- and tribal-conducted Targeted response program MOAs 4 automatically November 25, 2002. EPA expects to Brownfields Assessments (TBA). Both eligible for section 128(a) funding. make non-competitive grant awards to activities were financed with Superfund Additionally, states and Indian tribes, states and Indian tribes which apply appropriations and funded under including those with MOAs, must during fiscal year 2003. CERCLA section 104(d) cooperative maintain and make available to the ADDRESSES: Mailing addresses for U.S. agreement authority. Through section public a record of sites at which EPA Regional Offices and U.S. EPA 128(a), Congress built upon these response actions have been completed Headquarters are provided at http:// activities and provided EPA with in the previous year and are planned to www.epa.gov/brownfields. expanded authority to fund other be addressed in the upcoming year in order to qualify for section 128(a) FOR FURTHER INFORMATION CONTACT: The activities that build capacity for state U.S. EPA’s Office of Solid Waste and and tribal response programs as well as funding. With the exception of the section Emergency Response, Office of authority to grant funds to states and 128(a) funds a state or Indian tribe uses Brownfields Cleanup and Indian tribes to capitalize revolving loan to capitalize a Brownfields Revolving Redevelopment, (202) 566–2777. funds and support insurance mechanisms. One goal of this funding is Loan Fund under CERCLA 104(k)(3), SUPPLEMENTARY INFORMATION: The Small to ensure that state and tribal response states and Indian tribes are not required Business Liability Relief and programs include, or are taking to provide matching funds for grants Brownfields Revitalization Act reasonable steps to include, certain awarded under section 128(a). (SBLRBRA) was signed into law on elements and another is to provide Section 128(a) authorizes funding for January 11, 2002. The Act amends the funding for other activities that increase activities necessary to establish and Comprehensive Environmental the number of response actions enhance the four elements and to meet Response, Compensation, and Liability conducted or overseen, by a state or the public record requirement. Act (CERCLA), as amended, by adding tribal response program. This funding is The Four Elements—Section 128(a) section 128(a). Section 128(a) authorizes not intended to supplant current state or a $50 million grant program 1 to a. Timely survey and inventory of 2 3 tribal funding for their response establish and enhance state and tribal programs. Instead, it is to supplement brownfield sites in the state or in the response programs. Generally, these their funding to increase their cleanup tribal land. States and Indian tribes response programs address the capacity. must include, or be taking reasonable assessment, cleanup and redevelopment As partners in implementing steps to include, in their response of brownfields sites and other SBLRBRA, state and tribal officials have programs a system or process to identify contaminated sites. Section 128(a) been working closely with EPA since the universe of brownfield sites in their grants will be awarded and the law’s passage in developing this state or tribal land. EPA’s goal in administered by U.S. Environmental guidance. It reflects comments made by funding activities under this element is Protection Agency (EPA) regional state and tribal officials during to enable the state or Indian tribe to offices. This document provides legislation implementation meetings, establish or enhance a system or process guidance that will enable states and including ongoing State and Tribal that will provide a reasonable estimate tribes to apply for and use section 128(a) Funding Workgroup conference calls, a of the number, likely locations, and the funds in Fiscal Year 2003. panel at the National Tribal Conference general characteristics of brownfields in State and tribal response programs on Environmental Management on June their jurisdictions. Given funding oversee cleanup at the majority of 5, 2002, and EPA listening sessions. In limitations, EPA will negotiate work brownfield sites across the country. addition, EPA received letters dated plans with states and Indian tribes to Many states have programs that also February 21, 2002, from the Association achieve this goal efficiently, effectively offer accompanying financial incentive of State and Territorial Solid Waste and within a realistic time frame. For Management Officials CERCLA example, many of EPA’s Brownfields 1 EPA is in the process of developing a Catalogue Research Center and another dated May Assessment grantees conduct of Federal Domestic Assistance entry for the section 6, 2002, from the Executive Director of 128(a) State and Tribal Response Programs grant 4 The legislative history of SBLRBRA indicates program. the Tribal Association on Solid Waste that Congress intended to encourage states and 2 ‘‘The term ‘‘state’’ is defined in this document and Emergency Response. These Indian tribes to enter into MOAs for their voluntary as defined in CERCLA section 101(27). comments were taken into account response programs. Currently the following states 3 The term ‘‘Indian tribe’’ is defined in this when preparing the guidance. have MOAs for their voluntary response programs: document as it is defined in CERCLA section Subject to the availability of funds, Arkansas, Colorado, Delaware, Florida, Illinois, 101(36). Intertribal consortia, as defined in the Indiana, Kansas, Maryland, Michigan, Minnesota, Federal Register notice at 67 FR 67181, are also EPA regional enforcement and program Missouri, New Mexico, Ohio, Oklahoma, Rhode eligible for funding under CERCLA 128(a). staff will be available to provide Island, Texas, Virginia, Wisconsin, and Wyoming.

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inventories of brownfield sites in their be taking reasonable steps to include, in include detailed location information in communities or jurisdictions. States and their response programs mechanisms to the public record such as the street Indian tribes are encouraged to work approve cleanup plans. In addition address and latitude and longitude with these grantees to obtain the states and Indian tribes must include, or information for each site.6 EPA information that they have gathered and be taking reasonable steps to include, in encourages states and Indian tribes to include it in their survey and inventory. their response programs a requirement maintain public record information, b. Oversight and enforcement for verification by and certification or including data on institutional controls, authorities or other mechanisms and similar documentation from the state, on a long term basis (more than one resources. States and Indian tribes must the Indian tribe, or a licensed site year) for sites at which a response action include, or be taking reasonable steps to professional to the person conducting a has been completed. Subject to EPA include, in their response programs response action indicating that the regional office approval, states or tribes oversight and enforcement authorities or response action is complete. may include development and operation other mechanisms, and resources that Public Record Requirement of systems that ensure long term are adequate to ensure that a response maintenance of the public record in action will protect human health and States and Indian tribes (including their work plans.7 the environment and be conducted in states with MOAs) that receive funding accordance with applicable federal and under section 128(a) must establish a Use of Funding state law. In addition, states and Indian public record system during the grant General Uses tribes must include, or be taking funding period unless a public record reasonable steps to include, in their system that meets the following Section 128(a)(1)(B) describes the response programs oversight and requirements is already established. eligible uses of grants funding by states enforcement authorities or other Specifically, under section 128(b)(1)(C), and Indian tribes. In general, a state or mechanisms, and resources that are states and Indian tribes must: Indian tribe may use a grant to adequate to ensure that the necessary • Maintain and update, at least ‘‘establish or enhance’’ their response response activities are completed if the annually or more often as appropriate, programs, including elements of the person conducting the response a record of sites that includes the name response program that include activities activities, including operation and and location of sites at which response related to responses at brownfield sites maintenance or long-term monitoring actions have been completed during the with petroleum contamination. States activities, fails to complete the activity previous year; and Indian tribes may use Section (such as enforcement, funding, or other • Maintain and update, at least 128(a) funding to develop legislation, programmatic resources, including annually or more often as appropriate, regulations, procedures, guidance, etc. staff). a record of sites that includes the name that would establish or enhance the c. Mechanisms and resources to and location of sites at which response administrative and legal structure of provide meaningful opportunities for actions are planned to be addressed in their response programs. In addition, public participation.5 States and Indian the next year; and states and Indian tribes may use grant tribes must include, or be taking • Identify in the public record funding to: reasonable steps to include, in their whether or not the site, upon Capitalize a revolving loan fund (RLF) for response programs mechanisms and completion of the response action, will brownfields cleanup under CERCLA section resources for public participation, be suitable for unrestricted use. If not, 104(k)(3). These RLFs are subject to the same including, as a minimum: the public record must identify the statutory requirements and grant terms and • Public access to documents and institutional controls relied on in the conditions applicable to RLFs awarded under related materials that a state, Indian remedy. section 104(k)(3). Requirements include a tribe, or party conducting the cleanup is Section 128(a) funds may be used to 20% match on the amount of section 128(a) relying on or developing in making maintain and make available a public funds used for the RLF, a prohibition on cleanup decisions or conducting site record system that meets these using EPA grant funds for administrative activities; requirements. costs relating to the RLF, and a prohibition • Prior notice and opportunity for on using RLF loans or subgrants for response It is important to note that the public costs at a site for which the recipient may be public comment on cleanup plans and record requirement differs from the potentially liable under section 107 of site activity; and ‘‘timely survey and inventory’’ element • CERCLA. Other prohibitions contained in A mechanism by which a person described above. The public record CERCLA section 104(k)(4) also apply. who is, or may be, affected by a release addresses sites at which response Purchasing environmental insurance or or threatened release of a hazardous actions have been completed in the developing a risk-sharing pool, indemnity substance, pollutant, or contaminant at previous year and are planned to be pool, or insurance mechanism to provide a brownfields site—located in the addressed in the upcoming year. In financing for response actions under a state community in which the person works contrast, the ‘‘timely survey and or tribal response program. or resides—may request that a site inventory’’ element described above, In addition, a state or Indian tribe may assessment be conducted. The refers to a general approach to use section 128(a) funding to establish appropriate state or tribal official must identifying brownfield sites. and maintain the required public record consider this request and appropriately EPA’s goal is to enable states and described in section B above. EPA respond. Indian tribes to make the public record considers activities related to d. Mechanisms for approval of a easily accessible. For this reason, EPA maintaining and monitoring cleanup plan and verification and will allow states and Indian tribes to use certification that cleanup is complete. section 128(a) funding to make 6 For further information on latitude and States and Indian tribes must include, or information on sites in their response longitude information, please see EPA’s data programs available to the public on the standards web site available at http:// 5 States and Indian tribes establishing this Internet or other means that ensures that oaspub.epa.gov/edr/epastd$.startup. element may find useful information on public 7 States and Indian tribes may find useful participation on EPA’s community involvement the information is readily accessible to information on institutional controls on EPA’s web site at http://www.epa.gov/superfund/action/ the public. For example, the Agency institutional controls web site at http:// community/index.htm. will fund state and tribal efforts to www.epa.gov/superfund/action/ic/index.htm.

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institutional controls to be eligible costs Costs incurred for oversight of funds provided. The grantee is the entire under section 128(a). cleanups at other than brownfields sites legal entity even if only a particular may be eligible and allowable costs if component of the entity is designated in the Uses Related to Establishing a State or such activities are included in the grant award document. Tribal Response Program state’s or Indian tribe’s work plan. For 40 CFR 31.3 Grantee. Under CERCLA section 128(a), example, auditing of completed site Subject to the availability of funds, ‘‘establish’’ includes activities necessary cleanups in states or tribes that use EPA regional offices will negotiate and to build the foundation for the four licensed site professionals to verify that enter into new section 128(a) elements of a state or tribal response sites have been properly cleaned up cooperative agreements with eligible program and the public record may be an eligible cost under section and interested states or Indian tribes. requirement. For more developed state 128(a). These costs need not be incurred EPA will accept only one application, or tribal response programs, establish in connection with a brownfields site to and negotiate only one work plan, with may also include activities that keep be eligible, but must be authorized each eligible state or Indian tribe. States their program at a level that meets the under the state’s or Indian tribe’s work and tribes must define the ‘‘section four elements and maintains a public plan to be allowable. Other uses may be 128(a) response program,’’ and may record required as a condition of eligible and allowable as well, designate a component of the state or funding under CERCLA section depending upon the work plan tribe that will be EPA’s primary point of 128(b)(1)(C). negotiated between the EPA regional contact for negotiations on their office and the state or Indian tribe. proposed work plan. When EPA funds Uses Related to Enhancing a State or the section 128(a) cooperative Tribal Response Program Uses Related to Petroleum Response agreement, states and tribes may Under CERCLA section 128(a), Programs and Site-Specific Activities at distribute these funds among the ‘‘enhance’’ is related to activities that Petroleum Sites appropriate state and tribal agencies that add to or improve a state or tribal Many state response programs do not are part of the section 128(a) response response program or increase the distinguish between sites contaminated program. This distribution must be number of sites at which response with hazardous substances, clearly outlined in their annual work actions are conducted under a state or contaminants or pollutants and sites plan. tribal response program. The legislative contaminated with petroleum. EPA regional offices will determine history of the provision also makes this Therefore, states and Indian tribes may the project period for each cooperative clear: use section 128(a) funds for activities agreement. These may be for multiple that establish and enhance their The vast majority of contaminated sites years depending on the regional office’s across the nation will not be cleaned up by response programs, even if their grants policies. Each cooperative the Superfund program. Instead, most sites response programs address petroleum agreement must have an annual budget will be cleaned up under State authority. contamination. Also, the costs of period tied to an annual work plan. * * * In recognition of this fact, and the conducting site assessments at As part of the annual work plan need to create and improve State cleanup petroleum contaminated brownfield negotiation process, states or Indian capacity, new [section 128(a)] provides sites, as defined at CERCLA section tribes that do not have MOAs must financial assistance to States and Indian 101(39)(D)(ii)(II), are eligible and are demonstrate that their program tribes to establish or enhance voluntary allowable if the activity is included in includes, or is taking reasonable steps to response programs. the work plan negotiated between the include, the four elements described Senate Report 107–2, March 12, 2001, p. EPA regional office and the state or above. EPA will not fund, in future 15. Indian tribe. Section 128(a) funds used years, state or tribal response program The exact ‘‘enhancement’’ uses that to capitalize a Brownfields RLF may be annual work plans if EPA determines may be allowable depend upon the used at brownfields sites contaminated that these requirements are not met or work plan negotiated between the EPA by petroleum to the extent allowed reasonable progress is not being made. regional office and the state or Indian under CERCLA section 104(k)(3). EPA may base this determination on the tribe. For example, regional offices and information the state or tribe provides to Grant Mechanism and Process for states or tribes may agree that section support its work plan, or on EPA’s Awarding Funding 128(a) funds may be used for outreach review of the state or tribal response and training directly related to Funding authorized under CERCLA program. increasing awareness of its response section 128(a) will be awarded through Prior to funding a state’s or Indian program, and improving the skills of a cooperative agreement 8 with a state or tribe’s annual work plan, EPA regional program staff. Other ‘‘enhancement’’ Indian tribe. The program will be offices will verify that a public record as uses may be allowable as well. administered under the general EPA described above exists, and is being grant and cooperative agreement maintained. Uses Related to Site-Specific Activities regulations for states, Indian tribes, and States and Indian tribes may use local governments found in the Code of Allocation System for Distribution of section 128(a) funds for activities that Federal Regulations at 40 CFR part 31. Funding improve state or tribal capacity to Under these regulations, the grantee for EPA regional offices will work with increase the number of sites at which section 128(a) grant program is: interested states and Indian tribes to response actions are conducted under the government to which a grant is awarded develop their annual work plans and the state or tribal response program. and which is accountable for the use of the funding requests. For Fiscal Year 2003, Eligible uses of funds include site- EPA will consider funding requests up specific related activities such as 8 A cooperative agreement is a grant to a state or to a maximum of $1.5 million per state conducting assessments at selected Indian tribe that includes substantial involvement or Indian tribe. This limit may be brownfields sites. Section 128(a) funds of EPA during performance of activities described changed in future years based on in cooperative agreement work plan. Examples of cannot be used for assessments at sites this involvement include technical assistance and appropriation amounts and demand for that do not meet the definition of collaboration on program development and site- funding. The EPA regional offices will brownfields site at CERCLA 101(39). specific activities. forward each of the funding request

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amounts and a short summary of the accordance with terms and conditions sites at which site assessments have work plan activities to EPA of the cooperative agreement negotiated been completed that includes: Headquarters. EPA Headquarters will with EPA regional offices. State and • Site name. compile the requested amounts and tribal costs for complying with reporting • Location of the site (street address develop the annual allocation based on requirements are an eligible expense and latitude and longitude). state and tribal response program needs under the section 128(a) grant. As a • Size of the site in acres. described in the work plan summaries. minimum, state or tribal progress • Date site assessment was When EPA Regions negotiate reports must include both a narrative completed. individual state and tribal work plans, discussion and performance data • Nature of contamination at the site it is anticipated that funding will be relating to the state’s or Indian tribe’s (e.g., hazardous substances, prioritized as follows. accomplishments with section 128(a) contaminants, or pollutants, petroleum 1. Funding for program development funding. If applicable, the state or tribe contamination, etc. * * *). activities to establish or enhance the must include information on activities If the state or Indian tribe is using four elements of a state or tribal related to establishing or enhancing the section 128(a) funding to perform other response program and to enable states four elements of the state’s or tribe’s site-specific related activities (e.g., and Indian tribes to comply with the response program. All recipients must oversight audits of licensed site public record requirement, including provide information relating to professional certified cleanups, etc. activities related to institutional establishing and maintaining the public * * *), they must include a description controls. States with MOA’s will not be record. of the site-specific activities and the prejudiced in funding distributions if Depending upon the activities number of sites at which the activity their work plan does not include tasks included in the state’s or Indian tribe’s was conducted. related to establishing or enhancing the work plan, an EPA regional office may The regional offices may also request four elements. Similarly, states and request that a progress report include: other information be added to the Indian tribes that have established one A list of sites at which response progress reports, as appropriate, to or more of the four elements will not be actions have been completed including: properly document activities described prejudiced in funding distributions if • Date the response action was by the cooperative agreement work plan. their work plan includes activities that completed. EPA regions may allow states or tribes • enhance the four elements. Site name. to provide performance data in • 2. Funding for other program Location of the site (street address appropriate electronic format. development activities to enhance the and latitude and longitude). The regional offices will forward cleanup capacity of a state or tribal • Size of the site in acres. • progress reports to EPA Headquarters, if response program. An indication if the site is suitable requested. This information may be 3. Funding for site-specific activities for unrestricted use or if institutional used to develop national reports on the that enhance the cleanup capacity of a controls were relied on in the remedy. • outcomes of CERCLA section 128(a) state or tribal response program, Nature of the contamination at the funding to states and Indian tribes. including targeted brownfields site site. assessments. A list of sites currently being Dated: November 18, 2002. 4. Funding for environmental addressed by the state or tribal response Linda Garczynski, insurance mechanisms. program including: Director, Office of Brownfields Cleanup and 5. Funding to capitalize brownfields • Site name. Redevelopment, Office of Solid Waste and cleanup revolving loan funds. • Location of the site (street address Emergency Response. States and Indian tribes must break and latitude and longitude). [FR Doc. 02–29886 Filed 11–22–02; 8:45 am] their work plans down into these Data regarding the result of the state’s BILLING CODE 6560–50–P prioritization categories. or tribe’s mechanism for verification by, EPA will target funding of at least $1 or certification by the state or tribe, or million per year for tribal response similar documentation, indicating that ENVIRONMENTAL PROTECTION programs. If this funding is not used, it the response action is complete. For AGENCY will be carried over and added to at example, the state or tribe may provide least $1 million in the next fiscal year. data regarding cleanup completion [FRL–7412–8] It is expected that the funding demand certificates issued and revoked. from Indian tribes will increase through If the state or Indian tribe is using Gulf of Mexico Program Policy Review the life of this grant program (authorized section 128(a) funding to capitalize a Board Meeting by Congress through FY2006), and this revolving loan fund for brownfields AGENCY: cleanup under CERCLA section Environmental Protection funding allocation system should ensure Agency (EPA). that adequate funding for tribal response 104(k)(3), they must include the programs is available in future years. information required by the terms and ACTION: Notice of meeting. conditions for progress reporting under SUMMARY: Under the Federal Advisory Terms and Reporting CERCLA section 104(k)(3) RLF grants. Committee Act (Pub. L. 92–463), EPA Cooperative agreements for state and If the state or Indian tribe is using gives notice of a meeting of the Gulf of tribal response programs will include section 128(a) funding for Mexico Program (GMP) Policy Review programmatic and administrative terms environmental insurance, they must Board (PRB). and conditions. These terms and include in their progress report conditions will describe EPA’s information on the number of policies DATES: The meeting will be held on substantial involvement including purchased, the number of sites covered, Thursday, December 12, 2002, from 8 technical assistance and collaboration and the amount of money spent. a.m. to 2:30 p.m. on program development and site- If the state or Indian tribe is using ADDRESSES: The meeting will be held at specific activities. section 128(a) funding to conduct the Embassy Suites Hotel, 315 Julia States and Indian tribes will provide brownfields site assessments, they must Street, New Orleans, LA 70130 (504– progress reports under 40 CFR 31.40, in include in their progress report a list of 525–1993).

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FOR FURTHER INFORMATION CONTACT: 12:45—Presidential Executive Order PUBLIC PARTICIPATION: The meeting will Gloria D. Car, Designated Federal Recommendations—Final Review, Bryon be open to public participation, and the Officer, Gulf of Mexico Program Office, Griffith, Gulf of Mexico Program Office. last 10 minutes will be set aside for oral Mail Code EPA/GMPO, Stennis Space Purpose: (1) To conduct the final review of questions or comments. Members of the the Management Committee’s Center, MS 39529–6000 at (228) 688– recommendations regarding the public may also file written statement(s) 2421. proposed Presidential Executive Order before or after the meeting. If any person SUPPLEMENTARY INFORMATION: Proposed establishing the Gulf of Mexico Program; wishes auxiliary aids (such as a sign agenda is attached. (2) To discuss and finalize a supporting language interpreter) or other special The meeting is open to the public. implementation strategy and schedule accommodations, please contact, prior for submitting the Executive proposal to to December 3, 2002, Nichole Westin, Dated: November 18, 2002. the EPA Administrator. Room 1257, 811 Vermont Avenue, NW., Gloria D. Car, 1:30—GMP’s Assistance Role in the Washington, DC 20571, Voice: (202) Designated Federal Officer. Advancing Development and 565–3542 or TDD (202) 565–3377. Deployment of NASA’s Space-based Gulf of Mexico Program Earth Sciences Support, Dr. David Powe, FOR FURTHER INFORMATION CONTACT: For Director, Earth Science Applications further incormation, contact Nichole Policy Review Board Meeting Directorate, NASA, Stennis Space Westin, Room 1257, 811 Vermont Ave., Embassy Suites Hotel, Bayou Jean Lafitte Center, Mississippi. NW, Washington, DC 20571, (202) 565– Rooms, 6th Floor, New Orleans, Louisiana, Purpose: To explore stronger partnership 3542. Thursday, December 12, 2002. opportunities through NASA’s Space- based Earth Science Applications Peter Saba, Agenda Development Program. General Counsel. 7:30—Continental Breakfast (in meeting 2:00—Hypoxia Action Plan Status: Lower [FR Doc. 02–29878 Filed 11–22–02; 8:45 am] room). Mississippi River Sub-basin Team 8:30—Welcome and Introductions, Jimmy Development Report (Agricultural BILLING CODE 6690–01–M Palmer, EPA Regional Administrator, Sector)—Lower Mississippi Valley Region 4, Atlanta Hall Bohlinger, Acting Initiative’s (LMVI) Watershed Approach, Secretary, LA Department of Env. Invited speaker. FEDERAL ELECTION COMMISSION Quality. Purpose: To receive an update on the status 8:40—Overview of Meeting Agenda & of the Lower Mississippi River Sub-basin [Notice 2002–23] Objectives, Status Review of Follow-up Team’s development re: Agriculture’s Action Items, Bryon Griffith, Gulf of organization (e.g., LMVI) and process Filing Dates for the Hawaii Special Mexico Program Office. (i.e., Watershed Approach) approach to Election in the 2nd Congressional 9:00—Harmful Algal Blooms Observing addressing many of the sub-basin’s District System Pilot Project Status, Dr. Bill industry led solutions. Benson, Director, EPA ORD’s Gulf 2:30—Wrap-up and next steps, Jimmy Palmer AGENCY: Federal Election Commission. Ecology Division Laboratory. and Hall Bohlinger. ACTION: Notice of filing dates for special Purpose: To receive an update on the 2:35—Adjourn . election. progress of the Hazardous Algal Blooms [FR Doc. 02–29885 Filed 11–22–02; 8:45 am] Observing System (HABSOS) pilot. SUMMARY: Hawaii has scheduled a 9:45—Bacterial Source Tracking Research, BILLING CODE 6560–50–P special election on January 4, 2003, to Dr. R.D. Ellender, Assistant Dean for Research & Development, College of fill the U.S. House of Representatives Science & Technology, University of seat in the Second Congressional Southern Mississippi. EXPORT-IMPORT BANK OF THE District to which the late Representative Purpose: To receive an overview of the UNITED STATES Patsy T. Mink was reelected on current state of the research in this topic November 5, 2002. area and to solicit broad Gulf State Notice of Open Special Meeting of the Committees participating in the involvement in a collaborative EPA Advisory Committee of the Export- Hawaii special election are required to Region 4 and University of Southern Import Bank of the United States (Ex- file pre- and post-election reports. Mississippi initiative to provide Gulf State coordination and support for Im Bank) FOR FURTHER INFORMATION CONTACT: Mr. applied Bacterial Source Tracking Kevin R. Salley, Information Division, SUMMARY: The Advisory Committee was research. 999 E Street, NW., Washington, DC 10:30—Break. established Pub. L. 98–181, November 20463; Telephone: (202) 694–1100; Toll 10:45—GMP Mercury Project Update—re: 30, 1983, to advise the Export-Import Free (800) 424–9530. Bank on its programs and to provide Gulf State Marine Fish Advisory SUPPLEMENTARY INFORMATION: Consistency Dr. Fred Kopfler, Gulf of comments for inclusion in the reports of Mexico Program Office. the Export-Import Bank of the United Principal Campaign Committees Purpose: To receive an update on the status States to Congress, of the GMP initiative to achieve All principal campaign committees of TIME AND PLACE: Tuesday, December 10, consistent marine fish advisories re: candidates participating in the Hawaii Mercury in Gulf Seafood. 2002, at 10 am to 1 pm. The meeting Special General shall file a 12-day Pre- 11:15—President’s Interagency Work Group will be held at Ex-Im Bank in Room General Report on December 23, 2002; on Mercury Presentation, Gene Whitney, 1143, 811 Vermont Avenue, NW. and a 30-day Post-General Report on Policy Analyst, Office of Science & Washington, DC 20571. February 3, 2003. (See chart below for Technology Policy, Executive Office of AGENDA: Agenda items include reports the closing date for each report). the President. and discussion on proposed revisions to Purpose: To receive an Executive Briefing Ex-Im Bank’s Economic Impact Unauthorized Committees (PACs and on the development and status of Party Committees) President’s Interagency Workgroup on Procedures, discussion on the Advisory Mercury and their future plans relative Committee’s Sub-Committees, and the Political Committees that file on a to the Gulf of Mexico region. presentation of the Advisory quarterly basis in 2002 are subject to 12:00—Catered Lunch—2002 Gulf Guardian Committee’s recommendations to Ex-Im special election reporting if they make Awards Video Presentation. Bank. previously undisclosed contributions or

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expenditures in connection with the year aggregation requirements stated in activity, labeled as the Post-General Hawaii Special General Election by the the Commission’s disclosure rules, Report. Both forms must be filed by close of books for the applicable unauthorized committees that trigger February 3, 2003. report(s). (See chart below for the the filing of the Post-General Report will Committees filing monthly that closing date for each report). be required to file this report on two support candidates in the Hawaii Since disclosing financial activity separate forms. One form to cover 2002 Special General should continue to file from two different calendar years on one activity, labeled as the Year-End Report; according to the monthly reporting report would conflict with the calendar and the other form to cover only 2003 schedule.

CALENDAR OF REPORTING DATES FOR HAWAII SPECIAL ELECTION

Reg./cert. Report Close of Filing date Books 1 mailing date 2

Committees Involved In The Special General (01/04/03) Must File: Pre-General ...... 12/15/02 12/20/02 12/23/02 Year-End ...... (3) (3) (3) Post-General ...... 01/24/03 02/03/03 02/03/03 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee’s first activity. 2 Reports sent registered or certified mail must be postmarked by the mailing date; otherwise, they must be received by the filing date. 3 Waived.

Dated: November 19, 2002. Act, 42 U.S.C. §§ 5121–5206 (Stafford Act). I, unincorporated communities of Slana and David M. Mason, therefore, declare that such a major disaster Tok for emergency protective measures exists in the State of Alaska. (Category A) and debris removal (Category B) Chairman, Federal Election Commission. In order to provide Federal assistance, you under the Public Assistance program. [FR Doc. 02–29880 Filed 11–22–02; 8:45 am] are hereby authorized to allocate from funds All areas within the State of Alaska BILLING CODE 6715–01–P available for these purposes, such amounts as you find necessary for Federal disaster are eligible to apply for assistance under assistance and administrative expenses. the Hazard Mitigation Grant Program. You are authorized to provide debris (The following Catalog of Federal FEDERAL EMERGENCY Domestic Assistance Numbers (CFDA) MANAGEMENT AGENCY removal (Category A) and emergency protective measures (Category B) under the are to be used for reporting and drawing [FEMA–1440–DR] Public Assistance program in the designated funds: 83.537, Community Disaster areas, and Hazard Mitigation throughout the Loans; 83.538, Cora Brown Fund Alaska; Major Disaster and Related State, and any other forms of assistance Program; 83.539, Crisis Counseling; Determinations under the Stafford Act you may deem 83.540, Disaster Legal Services Program; appropriate subject to completion of 83.541, Disaster Unemployment AGENCY: Preliminary Damage Assessments. Consistent Federal Emergency Assistance (DUA); 83.556, Fire Management Agency (FEMA). with the requirement that Federal assistance be supplemental, any Federal funds provided Management Assistance; 83.558, ACTION: Notice. under the Stafford Act for Public Assistance Individual and Household Housing; and Hazard Mitigation will be limited to 75 83.559, Individual and Household SUMMARY: This is a notice of the percent of the total eligible costs. If Other Disaster Housing Operations; 83.560 Presidential declaration of a major Needs Assistance under Section 408 of the Individual and Household Program- disaster for the State of Alaska (FEMA– Stafford Act is later warranted, Federal Other Needs, 83.544, Public Assistance 1440–DR), dated November 8, 2002, and funding under that program will be also be Grants; 83.548, Hazard Mitigation Grant related determinations. limited to 75 percent of the total eligible Program.) EFFECTIVE DATE: November 8, 2002. costs. Further, you are authorized to make Joe M. Allbaugh, FOR FURTHER INFORMATION CONTACT: changes to this declaration to the extent Director. Magda Ruiz, Response and Recovery allowable under the Stafford Act. Directorate, Federal Emergency [FR Doc. 02–29868 Filed 11–22–02; 8:45 am] Notice is hereby given that pursuant Management Agency, Washington, DC BILLING CODE 6718–02–P to the authority vested in the Director of 20472, (202) 646–2705 or the Federal Emergency Management [email protected]. Agency under Executive Order 12148, I FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: Notice is hereby appoint William Lokey of the MANAGEMENT AGENCY hereby given that, in a letter dated Federal Emergency Management Agency November 8, 2002, the President to act as the Federal Coordinating [FEMA–1439–DR] declared a major disaster under the Officer for this declared disaster. Texas; Amendment No. 2 to Notice of authority of the Robert T. Stafford I do hereby determine the following a Major Disaster Declaration Disaster Relief and Emergency areas of the State of Alaska to have been Assistance Act, 42 U.S.C. §§ 5121–5206 affected adversely by this declared AGENCY: Federal Emergency (the Stafford Act), as follows: major disaster: Management Agency (FEMA). I have determined that the damage in Fairbanks North Star Borough, Denali ACTION: Notice. certain areas of the State of Alaska, resulting Borough, Matanuska-Susitna Borough, the SUMMARY: from an earthquake on November 3, 2002, Regional Education Attendance Areas of This notice amends the notice and continuing, is of sufficient severity and Delta Greely, Alaska Gateway, Copper River of a major disaster declaration for the magnitude to warrant a major disaster and Yukon-Koyukuk, and the cities of Tetlin, State of Texas, (FEMA–1439–DR), dated declaration under the Robert T. Stafford Mentasta Lake, Northway, Dot Lake, November 5, 2002, and related Disaster Relief and Emergency Assistance Chistochina, Tanacross and the determinations.

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EFFECTIVE DATE: November 15, 2002. presentation of member agency reports; DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: and reports of other interested parties. HUMAN SERVICES Magda Ruiz, Response and Recovery SUPPLEMENTARY INFORMATION: This Directorate, Federal Emergency meeting will be open to the public with Centers for Disease Control and Management Agency, Washington, DC limited seating available on a first-come, Prevention 20472, (202) 646–2705 or first-served basis. See the Response and [60Day–03–14] [email protected]. Security Procedures below. SUPPLEMENTARY INFORMATION: The notice Response Procedures: Committee Proposed Data Collections Submitted of a major disaster declaration for the Members and members of the general for Public Comment and State of Texas is hereby amended to public who plan to attend the meeting Recommendations include the following areas among those should contact Ms. Patti Roman, on or areas determined to have been adversely before Tuesday, December 3, 2002, via In compliance with the requirement affected by the catastrophe declared a mail at NATEK Incorporated, 4200–G of Section 3506(c)(2)(A) of the major disaster by the President in his Technology Court, Chantilly, Virginia Paperwork Reduction Act of 1995 for declaration of November 5, 2002: 20151, or by telephone at (703) 818– opportunity for public comment on 7070, or via facsimile at (703) 818–0165, proposed data collection projects, the Liberty and Montgomery Counties for Centers for Disease Control and Individual Assistance. or via e-mail at [email protected]. This is necessary to be able to create and Prevention (CDC) will publish periodic (The following Catalog of Federal Domestic provide a current roster of visitors to summaries of proposed projects. To Assistance Numbers (CFDA) are to be used NETC Security per directives. request more information on the for reporting and drawing funds: 83.537, Security Procedures: Increased proposed projects or to obtain a copy of Community Disaster Loans; 83.538, Cora the data collection plans and Brown Fund Program; 83.539, Crisis security controls and surveillance are in Counseling; 83.540, Disaster Legal Services effect at the National Emergency instruments, call the CDC Reports Program; 83.541, Disaster Unemployment Training Center. All visitors must have Clearance Officer on (404) 498–1210. Assistance (DUA); 83.556, Fire Management a valid picture identification card and Comments are invited on: (a) Whether Assistance; 83.558, Individual and their vehicles will be subject to search the proposed collection of information Household Housing; 83.559, Individual and by Security personnel. All visitors will is necessary for the proper performance Household Disaster Housing Operations; be issued a visitor pass which must be of the functions of the agency, including 83.560 Individual and Household Program- worn at all times while on campus. whether the information shall have Other Needs, 83.544, Public Assistance Please allow adequate time before the practical utility; (b) the accuracy of the Grants; 83.548, Hazard Mitigation Grant agency’s estimate of the burden of the Program.) meeting to complete the security process. proposed collection of information; (c) Joe M. Allbaugh, ways to enhance the quality, utility, and Director. Conference Call Capabilities: If you are not able to attend in person, a toll clarity of the information to be [FR Doc. 02–29869 Filed 11–22–02; 8:45 am] free number has been set up for collected; and (d) ways to minimize the BILLING CODE 6718–02–P teleconferencing. The toll free number burden of the collection of information will be available from 10:30 a.m. until on respondents, including through the 4:00 p.m. Members should call in use of automated collection techniques FEDERAL EMERGENCY or other forms of information MANAGEMENT AGENCY around 10:30 a.m. The number is 1– 800–320–4330. The FICEMS conference technology. Send comments to Seleda Perryman, CDC Assistant Reports Open Meeting of the Federal code is ‘‘11.’’ If you plan to call in, you Clearance Officer, 1600 Clifton Road, Interagency Committee on Emergency should just enter the number ‘‘11’’—no MS–D24, Atlanta, GA 30333. Written Medical Services (FICEMS) need to hit any other buttons, such as the star or pound keys. The same dial comments should be received within 60 AGENCY: Federal Emergency in phone number and conference code days of this notice. Management Agency (FEMA). can be used for the 1:30 p.m. Counter- Proposed Project: A Community- ACTION: Notice of open meeting. terrorism Subcommittee and 2:30 p.m. based Intervention Model to Promote Ambulance Design Subcommittee Neighborhood Participation in the SUMMARY: FEMA announces the meetings. Reduction of Aedes aegypti Larval following open meeting. FICEMS Meeting Minutes: Minutes of Indices in Puerto Rico—New—National Name: Federal Interagency Committee the meeting will be prepared and will be Center for Infectious Diseases (NCID), on Emergency Medical Services available upon request 30 days after Centers for Disease Control and (FICEMS). they have been approved at the next Prevention (CDC). The Aedes aegypti Date of Meeting: December 5, 2002. FICEMS Committee Meeting on March mosquito transmits dengue, a mosquito- Place: Building J, Room 107, National 6, 2003. The minutes will also be posted borne viral disease of the tropics. The Emergency Training Center (NETC), on the United States Fire symptoms of dengue disease include 16825 South Seton Avenue, Administration Web site at http:// fever, headache, rash, retro-orbital pain, Emmitsburg, Maryland 21727. www.usfa.fema.gov/ems/ficems.htm myalgias, arthralgias, nausea or Time: 10:30 a.m. General Meeting, within 30 days after their approval at vomiting, abdominal pain, and 1:30 p.m. Counter-terrorism the March 6, 2003 FICEMS Committee hemorrhagic manifestations. Subcommittee, 2:30 p.m. Ambulance Meeting. Since there is no vaccine available to Design Subcommittee. prevent dengue, prevention efforts are Proposed Agenda: Review and Dated: November 14, 2002. directed to control the vector mosquito. submission for approval of previous R. David Paulison, The limited efficacy of insecticides in FICEMS Committee Meeting Minutes; U.S. Fire Administrator, United States Fire preventing disease transmission has Ambulance Design Subcommittee and Administration. prompted the search for new Technology Subcommittee Reports; [FR Doc. 02–29870 Filed 11–22–02; 8:45 am] approaches involving community Counter-terrorism Subcommittee report; BILLING CODE 6718–08–P participation.

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Research in Puerto Rico, where a community in Puerto Rico. To An additional interview will also be dengue is endemic and intermittently accomplish this two comparable conducted in the intervened community epidemic, has shown that levels of communities in the San Juan, Puerto to assess the function and significance awareness about dengue are very high in Rico area will be selected for this study. of artificial containers that hold water. the population and that the next step One community will be a ‘‘control An ethnographic assessment will be should be the translation of this community’’ and the second community performed to determine the resources knowledge into practice (behavior will be an ‘‘intervened community.’’ and needs of the intervened community. change). To achieve this goal a model of Entomologic surveys and person-to- The specific dengue prevention community participation to prevent and person interviews to assess knowledge, activities that the intervened attitudes, and practices (KAP) will be control dengue should be developed. community will perform will be based conducted during the project in both This model of community participation on results of the initial entomologic must be an effectively implemented communities. The entomologic surveys survey, KAP, function and significance prevention project. and person-to-person interviews will be The objective of the dengue conducted 3 times during the project: of artificial containers, and the prevention project is to develop and the beginning of the project, the end of ethnographic assessment of the evaluate a community-based the first year of the project, and 18 community. There is no cost to participation intervention model that months after the beginning of the respondents. will reduce Aedes aegypti infestation in project.

Number of re- Average bur- Respondents Number of re- sponses/re- den/response Total burden spondents spondent (in hours) (in hours)

Intervened Community ...... 100 4 45/60 300 Control Community ...... 100 3 45/60 225

Total ...... 525

Dated: November 15, 2002. Kidney Disease, Heart Disease and C. Eligible Applicants Nancy E. Cheal, Stroke, Vision and Hearing, Nutrition Acting Associate Director for Policy, Planning and Overweight, Physical Activity and Assistance will be provided only to and Evaluation Centers for Disease Control Fitness, and Public Health the health departments of states or their and Prevention. Infrastructure. bona fide agents, and Territories, [FR Doc. 02–29803 Filed 11–22–02; 8:45 am] including the District of Columbia, the Measurable outcomes of the program BILLING CODE 4163–18–P Commonwealth of Puerto Rico, the will be in alignment with the following Virgin Islands, the Commonwealth of performance goal for the National the Northern Mariana Islands, American DEPARTMENT OF HEALTH AND Center for Chronic Disease Prevention Samoa, Guam, the Federated States of HUMAN SERVICES and Health Promotion (NCCDPHP): Micronesia, the Republic of the Increase the capacity of state diabetes Marshall Islands, and the Republic of Centers for Disease Control and control programs to address the Palau. Competition is limited to health Prevention prevention of diabetes and its departments or their bona fide agents complications at the community level. because they are uniquely positioned to [Program Announcement 03017] The Program will continue to perform, oversee and coordinate Systems-Based Diabetes Prevention emphasize prevention of complications diabetes prevention and control and Control Programs (DPCPs); Notice and premature mortality among people activities in public health settings and as part of a larger public health system. of Availability of Funds with diabetes (i.e. secondary and All States and Territories are currently tertiary prevention). Further, the A. Authority and Catalog of Federal receiving funding for diabetes programs Program will continue to incorporate a Domestic Assistance Number (CFDA) under prior CDC announcements 97064, model of influence by linking new 98034, and/or 99078. This program is authorized under programs and existing programs that section 301(a) and 317(k)(2)of the Public support social and environmental (Note: Throughout this document the use of Health Service Act, (42 U.S.C. section policies for the promotion of wellness in the term ‘‘State’’ or ‘‘statewide’’ also refers to 241(a) and 247b(k)(2), as amended). The both people with diabetes, and those at the Territories described above.) Catalog of Federal Domestic Assistance risk for diabetes. In the future, CDC number is 93.988. For the first year, states currently plans (pending available resources) to receiving CDC funds for Comprehensive B. Purpose turn increasing attention to the Programs (funded under program identification and dissemination of The Centers for Disease Control and announcements 97064, 98034, and lifestyle interventions proven to be Prevention (CDC), announces the 99078) are entitled to apply for effective in preventing or delaying Type availability of fiscal year (FY) 2003 Comprehensive Program funding only. 2 diabetes among people with impaired funds for a cooperative agreement States currently receiving CDC funds program for Systems-Based Diabetes fasting glucose or impaired glucose for Core Programs (funded under Prevention and Control Programs tolerance. program announcement 99078) are (DPCPs). This program addresses the For additional background eligible to apply for either Core or ‘‘Healthy People 2010’’ focus areas of information please see attachment II of Comprehensive Program funding. Diabetes, Immunization, Access to this announcement as posted on the Applicants will receive only a Core or Quality Health Services, Chronic CDC web site at: www.cdc.gov. Comprehensive award.

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Current Core programs applying for will be made for a 12-month budget for each $4 for Comprehensive Core funding will undergo a technical period within a project period of up to programs. The matching funds may be review of their application and will be five years. Funding estimates may vary cash or its equivalent in-kind or donated funded pending receipt and approval of depending on availability of funds. services, fairly evaluated. The a technically acceptable application. Continuation awards within an contribution may be made directly or Current Comprehensive Programs and approved project period will be made through donations from public or Core Programs applying for on the basis of satisfactory private entities. Match requirements Comprehensive funding must submit an demonstration of accomplishment of may change for Tier levels in years two application which will undergo a proposed activities, performance through five. Matching funds must be competitive review process by an improvement plans and results, and the consistent with the work plan activities independent objective review panel. As availability of funds. that are submitted and approved. Matching funds may not be met a contingency, currently funded Core Direct Assistance programs applying for Comprehensive through: (1) The payment of treatment awards should submit two separate You may request Federal personnel as services or the donation of treatment, or work plans, with budget line items and direct assistance, in lieu of a portion of direct patient diabetes education budget justifications, one for a Core financial assistance. services; (2) services assisted or Program and one for a Comprehensive Use of Funds subsidized by the Federal Government; Program. or (3) the indirect or overhead of an All applications received from current Resources available under this organization. grant recipients under Program program announcement may not be Funding Preference Announcements 97064, 98034, and used to: (1) Support direct patient care 99078 will be funded for either a Core services, screening services, individual Due to resource limitations, or a Comprehensive Program. health services, or the treatment of preference in funding Comprehensive After the first year, Tier 2 DPCPs (see diabetes; (2) duplicate existing efforts Programs will be given to states with: explanation of Tier 2 in section ‘‘E. the federal system has established for 1. A larger burden of diabetes and Program Requirements’’) will be eligible outpatient diabetes education related complications. to compete for Special Projects of reimbursement for the Medicare 2. A larger proportion of residents National Significance based on population through the Diabetes experiencing racial and ethnic availability of funds in years two Education Program Recognition disparities in diabetes prevalence and through four. Eligibility will be limited administered by the Centers for diabetes related complications. to high performing Tier 2 DPCPs that Medicaid and Medicare Services (CMS); 3. Varied geographic representation demonstrate multi-system integration of or (3) supplant existing State or Federal across the United States. public health services and partnerships funding including the Preventive Health 4. Varied distribution of population into a comprehensive, highly and Health Service block grant or other density among funded programs. sources. functioning, and accountable program. E. Program Requirements A number of key innovative strategies, Programs that have adequately In conducting activities to achieve the implemented by these DPCPs, have been addressed the program key components purpose of this program, both Core and sustained or institutionalized, (see attachment IV of this Comprehensive DPCPs will be documented in public health reports or announcement as posted on the CDC responsible for the activities under 1. scientific literature and disseminated to web site) and are high performing Recipient Activities (except where other programs as appropriate. comprehensive (or Tier 2 in years 2–5) programs may dedicate a portion of the otherwise noted), and CDC will be Note: Public Law 104–65 states that an resources available under this program responsible for the activities under 2. organization described in section 501(c) (4) of announcement to conduct research CDC Activities. It is expected that the Internal Revenue Code of 1986 which Comprehensive Programs will engages in lobbying activities shall not be projects. Funded research projects eligible for the receipt of Federal funds involving human subjects will be demonstrate a more intensive level of constituting an award, grant, loan or any governed by 45 Code of Federal effort in each category of recipient form. Regulations, part 46. activities. Applicants are encouraged to identify 1. Recipient Activities D. Funding and leverage opportunities which will enhance their work with other State a. Define the burden of diabetes in a Availability of Funds health department programs that manner that informs and influences Approximately $23 million is address related chronic diseases or risk public health decision making: Maintain available in FY 2003 to fund 59 awards. factors. This may include cost sharing to a state specific diabetes surveillance It is estimated that approximately $10 support shared staff positions, such as a system. This should be accomplished million will be available to fund chronic disease epidemiologist, program through previously established approximately 41 Core awards. It is evaluator, health communication surveillance systems and ensuring that expected that the average federal specialist, etc. Other cost sharing the Behavioral Risk Factor Surveillance contribution to the Core award will be activities that cut across chronic disease System (BRFSS), Diabetes Module (or $244,000, ranging from $50,000 to programs and are directly related to other appropriate surveillance system $400,000. Approximately $13 million recipient program activities may also be for the Territories), is conducted yearly. will be available to fund approximately appropriate. Yearly administration of the Diabetes 18 Comprehensive awards. It is Module is a requirement. The expected that the average federal Recipient Financial Participation surveillance system should support and contribution to the Comprehensive Matching funds are required for this inform public health decision making. award will be $725,000 ranging from program. Matching funds are required At a minimum, this data should be used $400,000 to $900,000. from non-Federal sources in an amount to generate performance-based outcome It is expected that the awards will not less than $1 for each $5 of Federal measures specific to recommended foot begin on or about March 30, 2003, and funds awarded to Core programs and; $1 and eye exams, immunizations, and

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annual Hemoglobin A1C (A1C) tests. It related to issues such as access to prevention for people with diabetes. All should also be used to guide program quality care and environmental activities described must be relevant, activities. Systems should monitor conditions encourage positive health complementary to, and consistent with trends, disseminate data and outcomes. Further, DPCPs will support ongoing national efforts such as the information, and support evaluation participatory community efforts National Diabetes Education Program efforts. Comprehensive Programs are promoting systems and community- (NDEP), and with national priorities for expected to implement special based approaches aimed at increasing eliminating racial and ethnic health surveillance strategies (e.g., over- years of healthy life and eliminating the disparities for diabetes. Core Program sampling, special surveys, sentinel disproportionate burden of diabetes activities aligned with the ten essential surveillance systems) that address borne by particular racial and ethnic public health services can include small unmet surveillance needs. populations. The Ten Essential Public scale pilots in selected geographic areas b. Establish and maintain a presence Health Services (see attachment III of or statewide interventions. for diabetes prevention and control this announcement as posted on the Comprehensive Programs are expected within the State Health Department. CDC web site) will provide the basis for to have a wider scope of activities in all Implement the following critical assessment. More extensive areas of influence. Comprehensive functions of fiscal management, involvement of partners state-wide is Programs must also develop public performance management, program expected of Comprehensive Programs. health activities that reach the entire assessment, and strategic planning to State public health agencies may or may State or implement an existing carry out the program by working not be the lead agency for several multifaceted intensive program in a through the respective State and specific essential public health services. limited geographical area within a Territorial Health Department In these cases, identifying the role of the defined target population. Allowable infrastructure. state public health agency with a program activities that emerge from (1). Fiscal Management: Develop a support role by the DPCP, will help in evolving science will be addressed in Fiscal Management system that supports prioritizing the essential public health future guidance documents which will the program. This system should have services most relevant to achieving the accompany each request for continuing the following capacity: accurate and goals of the diabetes program. application. timely tracking of expenditures and Performance improvement plans will be d. Establish and Maintain Effective sources of match support; accurate implemented in year two and beyond. Partnerships: Create a culture of shared projection of categorical balances; and DPCPs will be expected to demonstrate responsibility with the SDHS and other the prevention of excessive unobligated measurable results linked to nontraditional partners. The DPCP and balances by having the flexibility to performance improvement plans partners should collectively plan, reallocate funds into appropriate budget annually. implement, and evaluate goals and categories if priorities change or if (4). Strategic Planning: Develop or objectives and align resources to staffing patterns change. DPCPs need to update a State Diabetes Strategic Plan priorities. The DPCP should engage the establish linkages with appropriate state for diabetes prevention and control with SDHS to measure the quality and fiscal management staff, and develop a the goal of advancing the prevention effectiveness of collective efforts and the process for regularly assessing program and control of diabetes and its DPCP’s ability to establish and maintain needs and monitoring expenditures. complications, improving access to and effective partnerships. The goal should (2). Performance Management: The the quality of diabetes services and care, be inclusiveness rather than DPCP should engage health department and eliminating disparities between exclusiveness to achieve synergistic leadership to develop a performance population groups. The DPCP and its results. Within the State Health management system that incorporates partners should be involved in the Department, the DPCP should capacity improvement processes and development and implementation of the collaborate and coordinate with partners strategic accountability measures. For State Diabetes Strategic Plan. The State such as nutrition, physical activity, Comprehensive Programs, a written Diabetes Strategic Plan should also tobacco, cardiovascular health, maternal plan of this performance management inform and guide the activities of the and child health, health promotion, system should be in place. This should DPCP and its partners. As they become PHHS block grant, State Minority Health assist health department officials to available, the results of the Assessment Program, Office of Women’s Health, create accountability processes within should guide the periodic update and Office On Aging, public information state programs. This will enable them to improvement of the State Diabetes officer, as well as data partners such as introduce rewards for good performance Strategic Plan. For Comprehensive vital statistics and the State’s BRFSS. and consequences for poor performance. Programs, the plan should be Comprehensive Programs must The performance management system comprehensive in nature and reflective demonstrate a more extensive should also be linked to the evaluation of the strategies and activities of the partnership base and more significant system and the budget process. diabetes health system in the state. level of engagement with those partners. (3). Program Assessment: DPCPs are c. Program Design Enhancement: e. Evaluation: Conduct ongoing expected to conduct reflective, partner- Expand the current DPCP program monitoring and evaluation of diabetes included assessments to identify model of influence. DPCPs should serve prevention and control activities and strengths and needs in the DPCP’s as a catalyst for change positively strategies, including process and impact public health infrastructure. Efforts to impacting people with diabetes, their evaluation. State evaluation efforts strengthen identified essential public families, and their communities. The should complement and be consistent health services, deemed particularly DPCP should engage the State Diabetes with national program evaluation goals. important in achieving the program’s Health System (SDHS) which includes Comprehensive Programs are expected goals, should follow the assessments by the DPCP, the state health agencies and to submit an evaluation methodology developing a performance improvement other health partners that contribute to designed to demonstrate more in-depth, plan based on identified services that diabetes services and programs at the purposeful evaluation of program need strengthening. DPCPs will assess state level, in this effort. Activities activities. and continuously improve public health include the current population-based f. Management Information System services so that policies and legislation approaches for secondary and tertiary (MIS): The MIS will be used for post

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award administration, program strategies and activities to reduce 6. Providing evidence of results based monitoring, technical assistance, and documented burden of diabetes. In this on proximal performance measures programmatic decision making. Tier, culturally relevant small-scale which are anticipated to lead to the Programs are expected to ensure that interventions at community and/or achievement of the CDC, DDT’s National information is entered into the MIS in systems levels, with specific priority Objectives. a timely manner. Office of Management audiences in particular communities or Special Projects of National Significance and Budget (OMB) clearance for the data geographic areas, are expected. collection initiated under this The performance expectations of this High performing Tier 2 programs will cooperative agreement has been Tier include be eligible to request additional funding approved. (OMB No. 0920–0479. 1. Meeting minimum requirements to support projects of national Expiration date 7/31/2003.) outlined in the DPCP Key Components significance. Tier 2 DPCPs who are g. Protection of Human Subjects: document (see attachment IV of this awarded funds to carry out these Ensure that program activities follow all announcement as posted on the CDC Special Projects have demonstrated applicable federal regulations web site). multi-system integration of public concerning the protection of human 2. Developing a performance health services and partnerships into a subjects and the confidentiality of improvement plan reflecting priority comprehensive, highly functioning, and personally identifiable data. areas identified in the diabetes public accountable program. A number of key innovative strategies, implemented by Year One health assessment which is based on the ten essential public health services. these DPCPs, have been sustained or DPCPs will be awarded as either Core 3. Developing a work plan that meets institutionalized, documented in public or Comprehensive Programs for the first program criteria (logic-modeled) with health reports or scientific literature and year. budget justification. disseminated to other programs as 1. Core programs are expected to 4. Providing evidence of results based appropriate. It is anticipated that establish and maintain a presence in the on proximal performance measures Special Projects will be funded for a health department for diabetes which are anticipated to lead to the specified period of time and may prevention and control; define the achievement of the CDC, Division of include one or more of the following: (1) burden of diabetes in the state and Diabetes Translation’s (DDT’s) National Spreading successful population-based communicate it in a manner that Objectives. interventions accomplished in earlier informs and influences public health phases of the program to reach decision making; establish and maintain Tier 2 populations still unserved; (2) effective partnerships; develop a State DPCPs in this Tier level have a Conducting projects which provide Diabetes Strategic Plan; and engage in broader-based program capacity national leadership in sharing and small scale pilots in accordance with supported by the elements of Tier 1, but promoting processes and results. program guidance. with increasingly integrated and highly Helping CDC to influence national 2. Comprehensive programs are functional partnerships and measurable policies based on emerging needs and expected to meet all of the requirements effects. Programs in this Tier discovery of effective practices and of a Core program and implement systematically implement priority policies; and (3) Developing and statewide interventions or implement strategies and interventions in priority conducting research projects of national multifaceted intensive strategies in communities throughout the state, significance, which appropriately geographically defined targeted consistent with their State Diabetes contribute to the emerging diabetes populations to reduce or eliminate the Strategic Plan. They must have evidence public health science base. burden of diabetes. of improvement in the diabetes public The performance expectations of the Years Two Through Five health infrastructure. Program impacts Special Projects will be specific to the In subsequent years (years two and results must be evident and nature of the Project, with the through five), DPCPs will be placed in measurable through the DPCP expectation that the Tier 2 programs one of two Tier levels based on their performance management system. They that are conducting the Special Projects performance as documented in the have also demonstrated national will: interim progress reports, and on the leadership, sharing lessons learned 1. Demonstrate quality activities availability of funds. The award strategy among local, state, and national linked to the Ten Essential Public is designed to support documented partners. Health Services with activities in each performance results from quality The performance expectations of this of the four indicators. intervention and performance Tier include: 2. Demonstrate results in the improvement plans. Awards will also be 1. Demonstrating quality activities implementation of improvement plans. based on budget justification, alignment linked to the Ten Essential Public 3. Meet the expectations of Tier 2. with CDC strategies, and the ability of Health Services with activities in each 4. Develop a work plan that meets a state to continuously execute of the four indicators. criteria for Tier 2 programs and Special performance improvement and 2. Demonstrating results in the Projects with appropriate budget intervention plans. implementation of improvement plans. justification based on the nature of the 3. Meeting the expectations of Tier 1. Project. Tier 1 4. Developing a work plan that meets 5. Demonstrate readiness in terms of This Tier level is intended to support Tier 2 criteria (logic-modeled) with capacity to take on a larger scope of capacity-building programs by budget justification based on Tier 2 program activities required to establishing a performance management funding levels. implement Special Projects (staffing, system; a state team with multiple skill 5. Demonstrating readiness in terms of management support, technological sets; an epidemiology-based State capacity to take on a larger scope of resources, partnerships, etc.). Diabetes Strategic Plan to achieve program activities (staffing, management 6. Provide evidence of results based program goals; highly functioning, support, technological resources, on proximal performance measures accountable partnerships; and program partnerships, etc.). which are anticipated to lead to the

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accomplishment of the CDC, DDT’s will be evaluated on the criteria listed, the data sources that support these National Objectives. so it is important to follow them in estimates. Describe the challenges to 2. CDC Activities. laying out your program plan. The diminishing the morbidity and mortality a. Provide ongoing guidance, training, applications (excluding forms and from diabetes in your State. consultation, and technical assistance in attachments) should be no more than 50 b. Include a description of the all aspects of diabetes prevention and pages, double-spaced, printed on one populations that are at high risk for control, as described under Recipient side, with one-inch margins, and diabetes in your State. If possible, Activities. unreduced 12 point font. Necessary describe the social, ecological, or b. Provide up-to-date information that supporting information (tables, economic conditions that contribute to describes proven interventions and organizational charts, position the disproportionate burden of diabetes current research in appropriate areas of descriptions, etc.) may be provided as in the population, as well as knowledge, diabetes prevention and control. attachments. A signed original and two attitudes, and beliefs that impact the c. Provide resources, tools, and copies of the application must be mailed health practices of the population. If technical assistance to improve and to the CDC Grants Office. available, attach references for any enhance program evaluation efforts. Applicants are strongly encouraged to studies or sources from which this d. Provide resources and technical utilize the MIS. The format of DDT’s information was obtained. assistance to improve monitoring and MIS complements the application c. Provide an analysis of the barriers surveillance systems. Provide technical content specified in this announcement. to addressing the burden of diabetes in assistance in the coordination of Therefore, to avoid duplication of effort, the State. surveillance and other data systems to the application content may be entered 2. Program Accomplishments and measure and characterize the burden of into the DDT MIS. Hard copies will be Proven Capacity: diabetes. generated from the MIS for formal a. Describe efforts to develop and e. Collaborate with the DPCPs and submission to the CDC Procurement and incorporate diabetes surveillance other appropriate partners to develop Grants Office with the required signed systems, including BRFSS, in and disseminate programmatic guidance forms. OMB clearance for the data monitoring and tracking diabetes-related and other resources for specific collection initiated under this health status in the State. Include interventions, health communication cooperative agreement has been information on how data is used in campaigns, and other national approved. (OMB No. 0920–0479. diabetes program planning and decision initiatives. Expiration date 7/31/2003.) making. f. Facilitate the adoption and Applicants for comprehensive level b. Describe unique or significant adaptation of effective practices through funding must demonstrate optimal core advances toward achieving program workshops, trainings, conferences, and capacity as evidenced by the following: objectives and the CDC, DDT’s National electronic and verbal communication Established surveillance systems; sound Objectives. among recipients of cooperative infrastructure and management c. Provide findings, conclusions, or agreement awards under this program (including fiscal management, status of pilot projects and/or statewide announcement, and other diabetes performance management, program activities. Where appropriate, provide prevention and control partners. assessment, and strategic planning); success stories of program activities or g. Support the development and proven experience with results in the other methods of determining success. maintenance of a system for DPCP input implementation of well designed small- d. Provide examples of successful into planning and sharing of scale pilot projects; effective efforts to influence the widespread information. partnerships; and sound monitoring and application of accepted standards, h. Assist in and support the evaluation of diabetes prevention and policies, and protocols. Describe the development and maintenance of control activities including process and methodology for determining the partnerships and networks with Federal impact evaluation. In addition, success of these efforts. and non-Federal, public and private Comprehensive Program applications e. Describe specific program activities sector organizations to help implement must include a plan to develop public and accomplishments in addressing the diabetes prevention and control health activities that reach the entire needs of underserved populations, or programs, thereby maintaining a State, or to implement an existing populations at high risk for diabetes in national infrastructure to complement multifaceted intensive program in a the State. the infrastructure in the states and limited geographical area within a f. Describe how the DPCP engages territories and their local jurisdictions. defined target population. partners, including their diabetes i. Facilitate effective communication Both Core and Comprehensive advisory groups or coalitions, other and integration between NDEP and state Program applicants should respond to Chronic Disease Programs, and non- DPCPs. This includes, but is not limited items one through seven below. traditional partners, in program to, NDEP training, media, and other However, applicants should note that in planning, implementation, coordinating program products and tools. some areas different information is efforts and evaluation in support of the j. Provide up-to-date information on requested of applicants. Current Core DPCP work plan objectives. the responsible conduct of research and grantees applying for a Comprehensive g. Describe how the DPCP has technical assistance for program award should provide two separate managed its fiscal and human resources activities involving human subjects. applications, one Core application and in the past five years (including history one Comprehensive application, and of unobligated balances, how match F. Content address the comprehensive component requirements have been met, turnover in The Program Announcement title and by describing their planned or proposed key staff positions, professional number must appear in the application. comprehensive activities. development of DPCP staff, supportive Use the information in the Program 1. Background and Need: leadership, etc.). Requirements, Recipient Activities, a. Provide an estimate of the burden h. Provide letters of support that Evaluation Criteria, and Other of diabetes and its complications, and reflect the involvement of diverse Requirements sections to develop the its geographic and demographic (traditional and non-traditional) application content. Your application distribution within the State. Reference organizations in planning the response

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to this program announcement. Include will be monitored and evaluated. successes, unmet needs, barriers, and specific roles and responsibilities of the Describe how data will be collected, problems encountered in planning, partner providing the letter in the State analyzed, and used to improve the implementing, or in coordinating Diabetes Strategic Plan or activity/ program. Specify the person(s) activities. intervention that is pertinent. responsible for designing and 5. Program Infrastructure and i. If available, provide a state diabetes implementing evaluation activities, Management Plan: Describe how the strategic plan, diabetes advisory group collecting and analyzing data, and program will be effectively managed or coalition by-laws, action plans, and reporting findings. DPCPs should including: any other substantive work products incorporate the six steps of the ‘‘CDC a. Staffing: Minimal key staffing for from these partnerships that Framework for Program Evaluation’’ the program should include a full-time demonstrate quality and effectiveness. when creating the DPCP evaluation DPCP coordinator, a designated 3. Program Work Plan: plan. The six connected steps assist in evaluation lead, and a designated Provide a clear work plan that the planning and evaluation of a variety epidemiology/surveillance lead. addresses the items listed below. Some of interventions. The CDC Evaluation b. Staffing Responsibilities: objectives may reflect the process by Framework steps are: Responsibilities of key staff should which the program or activity is Step 1: Engage stakeholders: Include include: a DPCP coordinator responsible developed, while others will reflect the individuals and organizations that are for the overall program operation and actual public health impact, output or involved in program operations, served coordination; a designated evaluation outcome that results. or affected by the program, and the lead responsible for ensuring that the Each DPCP should state their primary users of evaluation. program and its projects are evaluated measurable and time-phased objectives Step 2: Describe the program: regularly for process and impact for the project period that will help Descriptions should be sufficiently measures and that results are achieve the goal(s) of the program. A detailed to ensure understanding of appropriately disseminated; and a ‘‘logic model’’ or causal relationship program objectives and strategies. designated epidemiology/surveillance should be evident among the long term Include a logic model that links program lead who will ensure the integrity of objectives, process objectives, and objectives and activities to eventual surveillance systems and other DPCP activities. outcomes/effects. epidemiological activities and facilitate a. Provide measurable and time- Step 3: Focus the evaluation design: intra and inter health department phased long term objectives for the five- Specify the questions to be answered exchange of epidemiological year project period that should mirror through the evaluation activities information. In addition, the DPCP the following CDC, DDT’s National proposed. These questions should guide should designate a staff member to Objectives: the evaluation process and be directly (1). By 2008, DPCPs should have facilitate and oversee a process for linked to the objectives stated above. integrating other program components demonstrated success in achieving an Specify the methods for quantitative increase in persons with diabetes who such as NDEP messages and tools into and qualitative data collection, such as program planning and implementation receive recommended foot exams, eye the use of questionnaires, surveys, other exams, flu and pneumococcal activities. data collection instruments, interviews, c. Management Plan and Organization immunizations, and A1C tests. and focus groups, etc. (Assure that (2). By 2008, DPCPs should have Operations: Provide a copy of the appropriate Human Subjects Research organizational chart that indicates the demonstrated progress in establishing procedures and OMB requirements have linkages for the promotion of wellness placement of the proposed program. A been followed and documented.) description of clear and direct lines of and physical activity for persons with Step 4: Gather credible evidence: diabetes. authority within the program staff and Specify the information (data) that will to the next two higher levels of (3). By 2008, all DPCPs should have be collected to answer the evaluation demonstrated progress in eliminating supervisory authority should be questions stated above. Specify the provided. Fiscal controls and their health disparities for high risk sources of information (data) to be populations with respect to diabetes relationship to program staff and collected. Since this evaluation is management should be included. prevention and control. designed to measure change as a result (4). Each DPCP should establish Discuss strategies for ensuring timely of the intervention, specify the baseline measurement procedures and and appropriate communication among against which the change is being surveillance systems, including baseline staff on the status of program measured. implementation and related issues. The and target measurements of the percent Step 5: Justify conclusions: Specify of persons with diabetes receiving DPCP should receive guidance and the process to be used to analyze, support from the State Chronic Disease recommended foot exams, eye exams, synthesize, and report the data. flu and pneumococcal immunizations Director or the equivalent. The priority Step 6: Ensure use and share lessons DPCP goals and objectives should be and recommended A1C tests, as a means learned: Explain how the data resulting of assessing program success. b. Provide part of, or incorporated in, the overall from the evaluation will be used to State Health Department strategic plan. measurable, specific and time-phased improve or expand the program. Discuss d. Qualifications: Describe the one year budget period objectives that how the results of the evaluation will be qualifications of the designated or will help achieve the stated time-phased reported and who will receive the proposed staff. Provide abbreviated long term objectives. c. Describe in results. (one-to-two page) resumes and brief job detail a plan for systems-based More information about the six steps descriptions for designated staff, and activities, and methods for achieving can be found at: http://www.cdc.gov/ brief job descriptions for the proposed each of the proposed one year budget eval/framework.htm. period objectives. staff. 4. Evaluation Plan: Note: Include samples of data collection e. Responsibility: Identify key staff Describe how progress, the tools in the attachments, if available. positions responsible for the achievement of program objectives and In addition, the evaluation plan implementation of each program the effectiveness of program activities should document and describe program activity, especially the required full

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time coordinator, the evaluation lead 3). Ability or inability to hire locally Applicants will be notified of their and the epidemiology/surveillance lead. with financial assistance failure to meet the submission f. Contingency plans: Describe plans 4). Justification for request requirements. 5). Organizational chart and name of for ongoing management and operation H. Evaluation Criteria of the project if there are unexpected intended point of contact to assignee vacancies, hiring restrictions, or 6). Opportunities for training, Applicants are required to provide difficulty recruiting in key positions. education, and work experiences for measures of effectiveness that will 6. Financial Participation: Matching assignees demonstrate the accomplishment of the funds are required from non-Federal 7). Description of assignees’ access to various identified objectives of the computer equipment for communication sources in the amount of not less than cooperative agreement. Measures of with CDC (e.g., personal computer at $1 for each $5 of Federal funds awarded effectiveness must relate to the home, personal computer at to Core Programs under this program performance goal stated in section ‘‘B. workstation, shared computer at announcement. Comprehensive Purpose’’ of this announcement. workstation on site, shared computer at Programs are required to match $1 for Measures must be objective and a central office). each $4 of Federal funds awarded under quantitative and must measure the this announcement. Match requirements G. Application Submission and intended outcome. These measures of may change in years two through five. Deadline effectiveness shall be submitted with The applicant should identify and the application and shall be an element Application Forms describe: of evaluation. An Objective Review Panel appointed a. Sources of allowable matching Submit the signed original and two by CDC will evaluate the scientific and funds for the program and the estimated copies of CDC Form 0.1246(E). Forms technical merit of Comprehensive amounts from each. are available at the following Internet Program applications and their b. Procedures for documenting and address: http://www.cdc.gov/od/pgo/ responsiveness to the information tracking the receipt and value of forminfo.htm If you do not have access requested in the ‘‘Application Content’’ noncash matching funds. to the internet, or if you have difficulty sections above. Core Program 7. Budget and Narrative Justification: accessing the forms on-line, you may contact the CDC Procurement and applications will receive a technical a. Financial Assistance Grants Office Technical Information review for acceptability. Each application will be reviewed and Provide a detailed line-item budget Management Section (PGO–TIM) at: evaluated against the following criteria: and narrative justification for all 770–488–2700. Application forms can operating expenses consistent with and be mailed to you. Core Program Evaluation Criteria (100 clearly related to the proposed Submission Date, Time, and Address Points Total) objectives and planned activities. Be Applications must be received by 4 1. Program Work Plan (75 points Total) precise about the program purpose of p.m. Eastern Time January 9, 2003. each budget item and itemize The extent to which the work plan Submit the application to: Technical calculations when appropriate. addresses the following information: Information Management—PA#03017, Applicants are required to attend the CDC Procurement and Grants Office, a. Long Term and Process Objectives (10 DDT Annual Conference and the DPCP 2920 Brandywine Road, Room 3000, points) Project Directors’ Meeting and should Atlanta, Georgia 30341–4146. Measurable, specific, time-phased budget appropriately. DPCPs are also five-year project period long term encouraged to attend and participate in CDC Acknowledgment of Application objectives, and measurable, time-phased non-conference training such as Receipt one-year budget period process Diabetes Today and the Diabetes A postcard will be mailed by PGO– objectives that will help achieve the Collaborative, as appropriate. Other TIM, notifying you that CDC has goals and objectives of the program. The travel which may be of relevance to the received your application. applicant used the State’s latest data as DPCP goals and activities include the baseline. annual meetings of the following Deadline organizations: National Diabetes Applications shall be considered as b. Program Work Plan Methodology (25 Education Program Partnership meeting the deadline if they are points) Network, ASTCDD (Chronic Disease received before 4 p.m. Eastern Time on The Program Work plan provides a Conference), American Diabetes the deadline date. Applicants sending detailed description of system-based Association (ADA), American applications by the United States Postal activities and methods for achieving Association for Diabetes Educators Service or commercial delivery services each of the proposed one year budget (AADE), National Association of must ensure that the carrier will be able period objectives that appears Community Health Centers (NACHC), to guarantee delivery of the application reasonable and likely to be successful. American Association of Health Plans by the closing date and time. If an (AAHP) and American Public Health application is received after closing due c. Evaluation Plan (20 points) Association (APHA). Travel budget to: (1) carrier error, when the carrier The plan for evaluating progress, the should support other recipient activities accepted the package with a guarantee effectiveness of activities and as considered necessary. for delivery by the closing date and attainment of each of the proposed objectives, to include a clear description b. Direct Assistance time, or (2) significant weather delays or natural disasters, CDC will, upon receipt of the evaluation methodology and To request a Federal assignee, of proper documentation, consider the frequency of reporting, appears applicants must provide the following application as having been received by adequate. The six steps of the CDC information: the deadline. Framework for Program Evaluations are 1). Number of assignees requested Applications which do not meet the used as a framework for the plan. (See 2). Description of the position and above criteria will not be eligible for section E. 4. Evaluation Plan under proposed duties competition and will be discarded. Application Content section). Logic

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models that link program objectives and f. Activities and accomplishments in representation; (2) The proposed activities to eventual outcomes/effects addressing the needs of underserved justification when representation is should be included. populations and/or populations with a limited or absent; (3) A statement as to disparate burden of diabetes and its whether the design of the study is d. Program Infrastructure and related complications are included. adequate to measure differences when Management Plan (20 points) g. DPCP’s management of its fiscal warranted; and (4) A statement as to DPCP staffing pattern adequately and human resources in the past five whether the plans for recruitment and supports the work plan proposed to years (including history of unobligated outreach for study participants include include the number and type of staff balances, how match requirements have the process of establishing partnerships and their qualifications and experience. been met, turnover in key staff with community(ies) and recognition of The Management Plan describes a positions, professional development of mutual benefits. (Reviewed but Not methodology for effective management, DPCP staff, supportive leadership, etc.) Scored) to include a sound management are addressed. Comprehensive Program Evaluation structure, i.e. a full time DPCP 3. Background and Need (10 points) Criteria (100 points total) coordinator and designated evaluation and epidemiology/surveillance leads; The extent to which the DPCP 1. Program Work Plan (60 points total) demonstrates the need for support. clear and direct lines of authority, The Program Work plan provides a supervisory and fiscal controls; Narrative should include: a. Estimated prevalence of diabetes detailed description of system-based contingency plans for ongoing activities and methods for achieving management in case of unexpected staff and its complications, and its geographic and demographic each of the proposed objectives that disruption shall be included. Include a appears reasonable and likely to be copy of the organizational chart that distribution within the State. b. Description of the high risk successful. indicates the placement of the DPCP, a. Long Term and Process Objectives resumes for designated staff, and job populations, including racial/ethnic minorities, the elderly, and the (10 points) Measurable, specific, time- descriptions for the proposed staff. phased five-year project period long Strategies for ensuring timely and indigent/disenfranchised population. Description of the characteristics of the term objectives, and measurable, appropriate communication among staff specific, time-phased one year budget on the status of program targeted population relative to the social, ecological, or economic period process objectives, that will help implementation and related issues are achieve the time-phased long term included in the plan. Describe how the conditions that contribute to the disproportionate burden of diabetes in objectives of the program, are provided. DPCP and its partners will collaborate to The DPCP used the state’s latest data as collectively complete a diabetes specific the population, as well as their knowledge, attitudes, beliefs, and health baseline. assessment based on the ten essential b. Program Work Plan Methodology public health services. The results of the practices relative to diabetes. c. Analysis of the findings of (b) above (20 points) The Work Plan provides a assessment will assist in identifying in relation to known or anticipated detailed description of systems-based specific areas of strength and areas for barriers to diabetes education, self activities and methods for achieving improvement in developing an optimal management, preventive community each of the proposed one year budget public health diabetes program in services and health care. period objectives that appears subsequent years. reasonable and likely to be successful. 4. Budget and Justification (Reviewed 2. Accomplishments and Proven Existing comprehensive activities are but Not Scored) Capacity of the Core Program (15 points) described, including plans for The extent to which the line item maintaining or modifying them. New Core program accomplishments and budget justification is reasonable and Comprehensive program activities are activities that make it appear likely that consistent with the purpose and adequately described and justified. the applicant will successfully carry out program goal(s) and objectives of the c. Evaluation Plan (15 points) The proposed activities, to include: cooperative agreement. This includes plan for evaluating progress, the a. Existing state-based diabetes both requests for financial assistance effectiveness of activities and surveillance system, including annual and how the DPCP proposes to meet the attainment of each of the proposed administration of the Diabetes Module match requirement. objectives, to include a clear description of the BRFSS. 5. If any resources available under of the evaluation methodology and b. Advances toward achieving the this program announcement will be frequency of reporting, appears CDC, DDT’s National Objectives used to conduct research projects adequate. The plan should incorporate (provide data as evidence of progress). involving human subjects, the the six steps of the CDC Framework for c. Findings, conclusions, or status of application must adequately address Program Evaluation. (See section E. 4. pilot projects in health systems, health Title 45 CFR Part 46. (Reviewed but Not Evaluation Plan under Application communications, and community Scored, however an application can be Content section). Logic models that link interventions. disapproved if the research risks are program objectives and activities to d. Examples of successful efforts to sufficiently serious and protection eventual outcomes/effects should be influence the widespread application of against risks is so inadequate as to make included. accepted standards, policies, and the entire application unacceptable.) protocols, which support diabetes 6. The degree to which the applicant d. Program Infrastructure and prevention and control. has met the CDC Policy requirements Management Plan (15 points) e. Accomplishments of any diabetes regarding the inclusion of women, DPCP staffing pattern adequately advisory groups or coalitions in ethnic, and racial groups in the supports the work plan proposed to providing guidance to the DPCP in proposed research. This includes: (1) include the number and type of staff program planning, implementation, The proposed plan for the inclusion of and their qualifications and experience. coordinating efforts and evaluation (may both sexes and racial and ethnic The Management Plan describes a include a copy of the by-laws). minority populations for appropriate methodology for effective management,

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to include a sound management f. Accomplishments in addressing the representation; (2) The proposed structure, i.e. a full time DPCP needs of underserved populations and/ justification when representation is coordinator and designated evaluation or reducing health disparities in limited or absent; (3) A statement as to and epidemiology/surveillance leads; populations with a disparate burden of whether the design of the study is clear and direct lines of authority, diabetes and its related complications. adequate to measure differences when supervisory and fiscal controls; g. DPCP’s management of its fiscal warranted; and (4) A statement as to contingency plans for ongoing and human resources in the past five whether the plans for recruitment and management in case of unexpected staff years (including history of unobligated outreach for study participants include disruption shall be included. A copy of balances, how match requirements have the process of establishing partnerships the organizational chart that indicates been met, turnover in key staff with community(ies) and recognition of the placement of the DPCP, resumes for positions, professional development of mutual benefits. (Reviewed but Not designated staff and job descriptions for DPCP staff, supportive leadership, etc.) Scored) the proposed staff. Strategies for are addressed. ensuring timely and appropriate I. Other Requirements 3. Background and Need (5 points) communication among staff on the Technical Reporting Requirements status of program implementation and The extent to which the DPCP Provide CDC with a signed original related issues are included in the plan. demonstrates the need for support. and two copies of: The management plan should Narrative should include: 1. Interim progress reports, no less demonstrate how the DPCP will address a. Estimated prevalence of diabetes than 90 days before the end of the increased program responsibility and and its complications, and its budget periods. The format of the fiscal and human resources. Describe geographic and demographic Division of Diabetes Translation’s (DDT) how the DPCP and its partners will distribution within the State. Management Information System (MIS) collaborate to collectively complete a b. Description of the high risk is aligned with the interim progress diabetes specific assessment based on populations, including racial/ethnic report content. Therefore, to avoid the ten essential public health services. minorities, the elderly, and the duplication of effort, the interim The results of the assessment will assist indigent/disenfranchised population. progress report content may be entered in identifying specific areas of strength Description of the characteristics of the into the DDT MIS and hard copies and areas for improvement in targeted population relative to the generated from MIS for formal developing an optimal public health social, ecological, or economic submission to the CDC Procurement and diabetes program in subsequent years. conditions that contribute to the disproportionate burden of diabetes in Grants Office. The content of the interim 2. Program Accomplishments and the population, as well as their progress report must be entered into the Proven Capacity To Serve as a knowledge, attitudes, beliefs, and health DDT MIS, by the grantee, within one Comprehensive Program (35 points) practices relative to diabetes. month of the due date of the interim Program accomplishments and c. Analysis of the findings of b. above progress report. The interim progress activities that make it appear likely that in relation to known, or anticipated, report will serve as your non-competing the applicant will successfully carry out barriers to diabetes education, self continuation application, and must proposed comprehensive activities to management, preventive community contain the following broad elements include: services and health care. (subject to change as the program a. Advanced and enhanced state- evolves): progress and performance for 4. Budget and Justification (reviewed based diabetes surveillance system, the first eight months of the current but not scored) minimally including annual budget period objectives/activities, the administration of the diabetes module of The extent to which the line-item proposed objectives/activities for the the BRFSS. budget justification is reasonable and new year’s budget period related to b. Status and impact of statewide and consistent with the purpose and Surveillance, Work Plan, Program other comprehensive program activities program goals and objectives of the Coordination, Program Infrastructure, in health systems, health cooperative agreement. This includes and Financial information (including a communications, and community both requests for financial assistance detailed line-item budget and interventions that have advanced the and how the DPCP proposes to meet the justification). Progress in implementing program toward achieving match requirement. improvement plans starting in year two, improvements in the CDC, DDT’s 5. If any resources available under must be reported as part of the required National Objectives. Data should be this program announcement will be interim progress reports. provided to support program impact used to conduct research projects 2. Financial status report, no more and as evidence of progress. involving human subjects, the than 90 days after the end of each c. Description of evaluation activities application must adequately address budget period. and examples of efforts to disseminate title 45 CFR part 46. (Reviewed but Not 3. Final financial and performance program activities and lessons learned Scored, however, an application can be reports no more than 90 days after the to the broader diabetes community. disapproved if the research risks are end of the five year project period. d. Evidence of internal and external sufficiently serious and protection Send all reports to the Grants policy changes resulting from against risks is so inadequate as to make Management Specialist identified in the comprehensive program efforts, the entire application unacceptable.) ‘‘Where to Obtain Additional including accomplishments of any 6. The degree to which the applicant Information’’ section of this diabetes advisory groups or coalitions has met the CDC Policy requirements announcement. (may include a copy of the by-laws). regarding the inclusion of women, The following additional e. Examples of successful efforts to ethnic, and racial groups in the requirements are applicable to this influence the widespread application of proposed research. This includes: (1) program. For a complete description of accepted standards, policies, and The proposed plan for the inclusion of each, see Attachment I of this protocols which support diabetes both sexes and racial and ethnic announcement as posted on the CDC prevention and control. minority populations for appropriate web site.

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AR–1 Human Subjects Requirements DEPARTMENT OF HEALTH AND (FDA). The meeting will be open to the AR–2 Requirement for Inclusion of Women HUMAN SERVICES public. and Racial and Ethnic Minorities in Name of Committee: Endocrinologic Research Food and Drug Administration and Metabolic Drugs Advisory AR–7 Executive Order 12372 Review [Docket No. 99N–5556] Committee. AR–9 Paperwork Reduction Act General Function of the Committee: Requirements Agency Information Collection To provide advice and AR–10 Smoke-Free Workplace Requirements Activities; Announcement of OMB recommendations to the agency on AR–11 Healthy People 2010 Approval; Food Contact Substances FDA’s regulatory issues. AR–12 Lobbying Restrictions Notification System Date and Time: The meeting will be held on January 13, 14, and 15, 2003, J. Where To Obtain Additional AGENCY: Food and Drug Administration, from 8 a.m. to 5 p.m. Information HHS. Location: Holiday Inn, Versailles Ballrooms, 8120 Wisconsin Ave., This and other CDC announcements, ACTION: Notice. Bethesda, MD. the necessary applications, and SUMMARY: The Food and Drug Contact Person: Karen M. Templeton- associated forms can be found on the Administration (FDA) is announcing Somers, Center for Drug Evaluation and CDC web site, Internet address: http:// that a collection of information entitled Research (HFD–21), Food and Drug www.cdc.gov. Click on ‘‘Funding’’ then ‘‘Food Contact Substances Notification Administration, 5600 Fishers Lane, (for ‘‘Grants and Cooperative Agreements.’’ System’’ has been approved by the express delivery, 5630 Fishers Lane, rm. For general questions about this Office of Management and Budget 1093) Rockville, MD 20857, 301–827– announcement, contact: Technical (OMB) under the Paperwork Reduction 7001, FAX 301–827–6776, e-mail: Information Management, CDC Act of 1995. [email protected], or FDA Advisory Procurement and Grants Office, 2920 FOR FURTHER INFORMATION CONTACT: Committee Information Line, 1–800– Brandywine Road, Room 3000, Atlanta, Peggy Robbins, Office of Information 741–8138 (301–443–0572 in the GA 30341–4146. Telephone (770) 488– Resources Management (HFA–250), Washington, DC area), code 12536. 2700. Food and Drug Administration, 5600 Please call the Information Line for up- Fishers Lane, Rockville, MD 20857, to-date information on this meeting. For business management and budget 301–827–1223. Agenda: On January 13, 2003, the assistance in the States, contact: Angela SUPPLEMENTARY INFORMATION: In the committee will discuss the safety and Webb, Grants Management Specialist, Federal Register of May 21, 2002 (67 FR efficacy of biologic licensing application Acquisition and Assistance Branch B, 35724), the agency announced that the BL 103979, FABRAZYME (agalsidase Procurement and Grants Office, Centers proposed information collection had beta, Genzyme Corp.) for the treatment for Disease Control and Prevention been submitted to OMB for review and of Fabry’s disease. On January 14, 2003, (CDC), 2920 Brandywine Road, Room clearance under 44 U.S.C. 3507. An the committee will discuss the safety 3000, Atlanta, GA 30341–4146. agency may not conduct or sponsor, and and efficacy of biologic licensing Telephone (770) 488–2784. Email a person is not required to respond to, application BL 103977, REPLAGAL address: [email protected]. a collection of information unless it (agalsidase alfa, Transkaryotic Therapies, Inc.) for the treatment of For business management and budget displays a currently valid OMB control Fabry’s disease. On January 15, 2003, assistance in the Territories, contact: number. OMB has now approved the the committee will discuss the safety Terri Brown, Grants Management information collection and has assigned and efficacy of biologic licensing Specialist, International & Territories OMB control number 0910–0495. The approval expires on November 30, 2005. application BL 125058, ALDURAZYME Acquisition and Assistance Branch, (laronidase, BioMarin Pharmaceutical, Procurement and Grants Office, Centers A copy of the supporting statement for this information collection is available Inc.) for the treatment of for Disease Control and Prevention mucopolysaccharidosis. (CDC), 2920 Brandywine Road, Room on the Internet at http://www.fda.gov/ ohrms/dockets. Procedure: Interested persons may 3000, Atlanta, Georgia 30341–4146. present data, information, or views, Telephone (770) 488–2638. Email Dated: November 14, 2002. orally or in writing, on issues pending address: [email protected]. Margaret M. Dotzel, before the committee. Written For program technical assistance, Associate Commissioner for Policy. submissions may be made to the contact contact: Patricia L. Mitchell, MPH, [FR Doc. 02–29807 Filed 11–22–02; 8:45 am] person by January 6, 2003. Oral Health Comm. Section Chief, Program BILLING CODE 4160–01–S presentations from the public will be Development Branch, DDT, NCCDPHP, scheduled between approximately 11 Centers for Disease Control and a.m. and 12 noon. Time allotted for each DEPARTMENT OF HEALTH AND presentation may be limited. Those Prevention (CDC), 4770 Buford HUMAN SERVICES desiring to make formal oral Highway, MS K10, Atlanta, GA 30341– presentations should notify the contact 3717. Telephone (770) 488–5634. Email Food and Drug Administration person before January 6, 2003, and address: [email protected]. submit a brief statement of the general Endocrinologic and Metabolic Drugs Dated: November 12, 2002. nature of the evidence or arguments Advisory Committee; Notice of Meeting Edward Schultz, they wish to present, the names and Acting Director, Procurement and Grants AGENCY: Food and Drug Administration, addresses of proposed participants, and Office, Centers for Disease Control and HHS. an indication of the approximate time Prevention (CDC). ACTION: Notice. requested to make their presentation. [FR Doc. 02–29837 Filed 11–22–02; 8:45 am] Persons attending FDA’s advisory This notice announces a forthcoming committee meetings are advised that the BILLING CODE 4163–18–P meeting of a public advisory committee agency is not responsible for providing of the Food and Drug Administration access to electrical outlets.

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FDA welcomes the attendance of the DEPARTMENT OF HEALTH AND Dated: November 15, 2002. public at its advisory committee HUMAN SERVICES LaVerne Y. Stringfield, meetings and will make every effort to Director, Office of Federal Advisory accommodate persons with physical National Institutes of Health Committee Policy. disabilities or special needs. If you [FR Doc. 02–29840 Filed 11–22–02; 8:45 am] Office of Director, National Institutes of require special accommodations due to BILLING CODE 4140–01–M a disability, please contact Karen M. Health; Notice of Meeting Templeton-Somers at least 7 days in Pursuant to section 10(d) of the advance of the meeting. Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND Notice of this meeting is given under amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES the Federal Advisory Committee Act (5 is hereby given of a meeting of the National Institutes of Health U.S.C. app. 2). Advisory Committee to the Director, Dated: November 15, 2002. National Institutes of Health (NIH). National Cancer Institute; Amended Linda Arey Skladany, The meeting will be open to the Notice of Meeting Senior Associate Commissioner for External public as indicated below, with Relations. attendance limited to space available. Notice is hereby given of a change in the meeting of the National Cancer [FR Doc. 02–29808 Filed 11–22–02; 8:45 am] Individuals who plan to attend and need special assistance, such as sign Advisory Board, December 4, 2002, 8:45 BILLING CODE 4160–01–S language interpretation or other a.m. to December 5, 2002, 12 p.m., reasonable accommodations, should which was published in the Federal DEPARTMENT OF HEALTH AND notify the Contact Person listed below Register on November 8, 2002, 67 FR HUMAN SERVICES in advance of the meeting. 68148. The meeting will be closed to the The meeting time has been changed to Indian Health Service public in accordance with the start at 8:30 a.m. on Wednesday, provisions set forth in section December 4, 2002. The Subcommittee Indian Women’s Health Demonstration 552b(c)(9)(B), Title 5 U.S.C., as amended on Planning and Budget meeting which Program for American Indians and because the premature disclosure of was scheduled on Wednesday, Alaska Natives information and the discussions would December 4, 2002 has been cancelled. likely to significantly frustrate The meeting is partially closed to the AGENCY: Indian Health Service, HHS. implementation of recommendations. public. ACTION: Extension of deadlines for Name of Committee: Advisory Committee Dated: November 15, 2002. competitive applications for the Indian to the Director, NIH. LaVerne Y. Stringfield, Women’s Health Demonstration Date: December 5, 2002. Program for American Indians and Director, Office of Federal Advisory Open: 8 a.m. to 12 p.m. Committee Policy. Alaska Natives. Agenda: Among the topics proposed for [FR Doc. 02–29842 Filed 11–22–02; 8:45 am] discussion are: (1) Current issues (2) advice The Notice of funding availability for on priority areas for the NIH Director and (3) BILLING CODE 4140–01–M competitive grants for Indian Women’s a summary of future action items and follow Health Demonstration Program for up items. American Indians and Alaska Natives Place: National Institutes of Health, 9000 DEPARTMENT OF HEALTH AND was published at 67 FR 66410 on Rockville Pike, Conference Room 6, Building HUMAN SERVICES October 31, 2002. 31C, Bethesda, MD 20892. Closed: 1 p.m. to 5 p.m. National Institutes of Health The Indian Health Service announces Agenda: Review and evaluate confidential the extension of dates for the following: budgetary items. National Institute of Allergy and 1. Application Receipt Date: January Place: National Institutes of Health, 9000 Infectious Diseases; Notice of Closed 3, 2003. Rockville Pike, Conference Room 6, Building Meeting 2. Application Review: January 23–24, 31C, Bethesda, MD 20892. 2003. Contact Person: Ruth L. Kirschstein, M.D., Pursuant to section 10(d) of the 3. Applicants Notified of Results Deputy Director, NIH, National Institutes of Federal Advisory Committee Act, as (approved, approved unfunded, or Health, 1 Center Drive MSC 0148, Building amended (5 U.S.C. Appendix 2), notice disapproved): February 13, 2003. 1, Room 126, Bethesda, MD 20892–0148, is hereby given of the following 301–496–2433, [email protected]. meeting. 4. Anticipated Start of Grant Cycle: Any interested person may file written March 1, 2003. The meeting will be closed to the comments with the committee by forwarding public in accordance with the Applicants are notified in writing on the statement to the Contact Person listed on or about February 13, 2003. this notice. The statement should include the provisions set forth in sections This extension provides applicants name, address, telephone number and when 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., approximately four additional weeks to applicable, the business or professional as amended. The grant applications and prepare and submit competitive affiliation of the interested person. the discussions could disclose applications. In the interest of security, NIH has confidential trade secrets or commercial All other information contained in instituted stringent procedures for entrance property such as patentable material, into the building by non-government and personal information concerning Federal Register announcement remains employees. Persons without a government unchanged. individuals associated with the grant I.D. will need to show a photo I.D. and sign- applications, the disclosure of which in at the security desk upon entering the Dated: November 18, 2002. would constitute a clearly unwarranted Charles W. Grimm, building. Information is also available on the home invasion of personal privacy. Assistant Surgeon General, Interim Director, page: http://www.nih.gov/about/director/ Name of Committee: National Institute of Indian Health Service. acd.htm, where an agenda and any additional Allergy and Infectious Diseases Special [FR Doc. 02–29865 Filed 11–22–02; 8:45 am] information for the meeting will be posted Emphasis Panel. Cooperative Clinical Trial BILLING CODE 4160–16–M when available. for Pediatric Transplantation.

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Date: December 17, 2002. The meeting will be closed to the provisions set forth in section 552b(c)(4) Time: 9 a.m. to 3 p.m. public in accordance with the and 552b(c)(6), title 5 U.S.C., as Agenda: To review and evaluate grant provisions set forth in sections amended. The grant applications and applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose Place: Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202. as amended. The contract proposals and confidential trade secrets or commercial Contact Person: Priti Mehrotra, Ph.D., the discussions could disclose property such as patentable material, Scientific Review Administrator, Division of confidential trade secrets or commercial and personal information concerning Extramural Activities, National Institute of property such as patentable material, individuals associated with the grant Allergy and Infectious Diseases, National and personal information concerning applications, the disclosure of which Institutes of Health, 6700–B Rockledge Drive, individuals associated with the contract would constitute a clearly unwarranted Room 2100, Bethesda, MD 20892–7616, 301– proposals, the disclosure of which invasion of personal privacy. 435–9369, [email protected]. would constitute a clearly unwarranted Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance invasion of personal privacy. Allergy and Infectious Diseases Special Program Nos. 93.855, Allergy, Immunology, Name of Committee: National Institute of Emphasis Panel, Innate Immunity in and Transplantation Research; 93.856, Environmental Health Sciences Special Vertebrates and Insects. Microbiology and Infectious Diseases Emphasis Panel. Support Contract for the Date: December 12, 2002. Research, National Institutes of Health, HHS) NTP Interagency Center for Evaluation of Time: 1:30 p.m. to 4:30 p.m. Agenda: To review and evaluate grant Dated: November 15, 2002. Alternative. Toxicological Methods (RFP NIH–ES–02–08). applications. LaVerne Y. Stringfield, Date: December 13, 2002. Place: 6700–B Rockledge Drive, Bethesda, Director, Office of Federal Advisory Time: 9 a.m. to 5 p.m. MD 20892. (Telephone Conference Call). Committee Policy. Agenda: To review and evaluate contract Contact Person: Gerald L. McLaughlin, [FR Doc. 02–29841 Filed 11–22–02; 8:45 am] proposals. Ph.D., Scientific Review Administrator, Scientific Review Program, Division of BILLING CODE 4140–01–M Place: NIEHS, 79 T. W. Alexander Drive, Building 4401, Conference Room 122, Extramural Activities, NIAID, NIH, Room Research Triangle Park, NC 27709, 2217, 6700–B Rockledge Drive, MSC 7616, (Telephone Conference Call). Bethesda, MD 20892–7616. 301–496–2550. DEPARTMENT OF HEALTH AND [email protected]. HUMAN SERVICES Contact Person: RoseAnne M McGee, Associate Scientific Review Administrator, Name of Committee: National Institute of Allergy and Infectious Diseases Special National Institutes of Health Scientific Review Branch, Office of Program Operations, Division of Extramural Research Emphasis Panel, Biodefense and Emerging and Training, Nat. Inst. of Environmental Infectious Diseases Research Opportunities. National Institute of Environmental Health Sciences, PO Box 12233, MD EC–30, Date: December 13, 2002. Health Sciences; Amended Notice of Research Triangle Park, NC 27709, 919/541– Time: 11 a.m. to 5 p.m. Meeting 0752. Agenda: To review and evaluate grant applications. Notice is hereby given of a change in (Catalogue of Federal Domestic Assistance Place: National Institutes of Health 6700B the meeting of the National Institute of Program Nos. 93.113, Biological Response to Rockledge Drive, Bethesda, MD 20892. Environmental Health Sciences Special Environmental Health Hazards; 93.114, (Telephone Conference Call). Emphasis Panel, November 17, 2002, Applied Toxicological Research and Testing; Contact Person: Gerald L. McLaughlin, 7:30 p.m. to November 20, 2002, 5 p.m., 93.115, Biometry and Risk Estimation— Ph.D., Scientific Review Administrator, Health Risks from Environmental Exposures; which was published in the Federal Scientific Review Program, Division of 93.142, NIEHS Hazardous Waste Worker Extramural Activities, NIAID, NIH, Room Register on September 27, 2002, 67 FR Health and Safety Training; 93.143, NIEHS 61144. 2217, 6700–B Rockledge Drive, MSC 7616, Superfund Hazardous Substances—Basic Bethesda, MD 20892–7616, Bethesda, MD The meeting will be held on January Research and Education; 93.894, Resources 20892–7616. 301–496–2550. 15–17, 2003 beginning at 8 a.m., instead and Manpower Development in the [email protected]. of on November 17, 2002, as previously Environmental Health Sciences, National advertised. The meeting is closed to the Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Dated: November 15, 2002. public. Program Nos. 93.855, Allergy, Immunology, LaVerne Y. Stringfield, and Transplantation Research; 93.856, Dated: November 15, 2002. Director, Office of Federal Advisory Microbiology and Infectious Diseases LaVerne Y. Stringfield, Committee Policy. Research, National Institutes of Health, HHS) Director, Office of Federal Advisory [FR Doc. 02–29844 Filed 11–22–02; 8:45 am] Dated: November 15, 2002. Committee Policy. BILLING CODE 4140–01–M LaVerne Y. Stringfield, [FR Doc. 02–29843 Filed 11–22–02; 8:45 am] Director, Office of Federal Advisory BILLING CODE 4140–01–M Committee Policy. DEPARTMENT OF HEALTH AND [FR Doc. 02–29845 Filed 11–22–02; 8:45 am] HUMAN SERVICES BILLING CODE 4140–01–M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute of Health DEPARTMENT OF HEALTH AND National Institutes of Health National Institute of Allergy and HUMAN SERVICES Infectious Diseases; Notice of Closed National Institute of Environmental Meetings National Institutes of Health Health Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the National Institute of Allergy and Federal Advisory Committee Act, as Infectious Diseases; Notice of Closed Pursuant to section 10(d) of the amended (5 U.S.C. appendix 2), notice Meeting Federal Advisory Committee Act, as is hereby given of the following amended (5 U.S.C. Appendix 2), notice meetings. Pursuant to section 10(d) of the is hereby given of the following The meetings will be closed to the Federal Advisory Committee Act, as meeting. public in accordance with the amended (5 U.S.C. appendix 2), notice

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is hereby given of the following would constitute a clearly unwarranted adjournment. The closed session is now meeting. invasion of personal privacy. from 8:30 a.m. on December 9th to The meeting will be closed to the Name of Committee: National Institute of Adjournment on December 13th, 2002. public in accordance with the Allergy and Infectious Diseases Special Coral Sweeney, provisions set forth in sections Emphasis Panel, Immunopathogenesis of 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Acute HIV–1 Infection. Review Specialist, Substance Abuse and Mental Health Services Administration. as amended. The grant applications and Date: December 6, 2002. the discussions could disclose Time: 10 am to 3 pm. [FR Doc. 02–29809 Filed 11–22–02; 8:45 am] confidential trade secrets or commercial Agenda: To review and evaluate grant BILLING CODE 4162–20–P applications. property such as patentable material, Place: 6700B Rockledge Drive, Room 1205, and personal information concerning Bethesda, MD 20892. (Telephone Conference DEPARTMENT OF HOUSING AND individuals associated with the grant Call.). applications, the disclosure of which Contact Person: Vassill St. Georgiev, Ph.D., URBAN DEVELOPMENT would constitute a clearly unwarranted Scientific Review Administrator, Scientific [Docket No. FR–4734–N–70] invasion of personal privacy. Review Program, Division of Extramural Activities, NIAID, NIH, Room 2217, 6700–B Name of Committee: National Institute of Notice of Submission of Proposed Rockledge Drive, MSC 7610, Bethesda, MD Information Collection to OMB: Allergy and Infectious Diseases Special 10892–7610, 301–496–2250. Emphasis Panel, Arming the Immune System Application Submission Against Pathogens. (Catalogue of Federal Domestic Assistance Requirements—Section 811 Date: December 17, 2002. Program Nos. 93.855, Allergy, Immunology, Supportive Housing for Persons With Time: 12 p.m. to 4 p.m. and Transplantation Research; 93.856, Disabilities Agenda: To review and evaluate grant Microbiology and Infectious Diseases applications. Research, National Institutes of Health, HHS) AGENCY: Office of the Chief Information Place: National Institutes of Health, 6700B Officer, HUD. Dated: November 15, 2002. Rockledge Drive, Bethesda, MD 20892. ACTION: Notice. (Telephone Conference Call.) LaVerne Y. Stringfield, Contact Person: Nancy B. Saunders, Ph.D., Director, Office of Federal Advisory SUMMARY: The proposed information Scientific Review Administrator, Scientific Committee Policy. collection requirement described below Review Program, Division of Extramural [FR Doc. 02–29847 Filed 11–22–02; 8:45 am] has been submitted to the Office of Activities, NIAID, NIH, Room 2217, 6700–B BILLING CODE 4140–01–M Management and Budget (OMB) for Rockledge Drive, MSC 7616, Bethesda, MD 20892–7616. (301) 496–2550. review, as required by the Paperwork [email protected]. Reduction Act. The Department is DEPARTMENT OF HEALTH AND soliciting public comments on the (Catalogue of Federal Domestic Assistance HUMAN SERVICES subject proposal. Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Substance Abuse and Mental Health DATES: Comments Due Date: December Microbiology and Infectious Diseases Services Administration (SAMHSA) 26, 2002. Research, National Institutes of Health, HHS) ADDRESSES: Interested persons are Dated: November 15, 2002. Correction of Meeting Notice invited to submit comments regarding LaVerne Y. Stringfield, this proposal. Comments should refer to Public notice was given in the Federal the proposal by name and/or OMB Director, Office of Federal Advisory Register on October 21, 2002, Volume Committee Policy. approval number (2502–0462) and 67, Number 203, page 64655–64656, should be sent to: Lauren Wittenberg, [FR Doc. 02–29846 Filed 11–22–02; 8:45 am] that the Substance Abuse and Mental BILLING CODE 4140–01–M OMB Desk Officer, Office of Health Services Administration Management and Budget, Room 10235, (SAMHSA) Special Emphasis Panels I New Executive Office Building, meetings, Recovery Community Washington, DC 20503; Fax number DEPARTMENT OF HEALTH AND Services Program and Strengthening HUMAN SERVICES (202)395–6974; E-mail Communities/Youth on November [email protected]. National Institutes of Health 18th–22nd, 2002, would be closed from 11 a.m. November 20th to Adjournment. FOR FURTHER INFORMATION CONTACT: National Institute of Allergy and The notice should have read these Wayne Eddins, Reports Management Infectious Diseases; Notice of Closed meetings will be closed in their entirety Officer, QDAM, Department of Housing Meeting from 8:30 a.m. on November 18th, 2002, and Urban Development, 451 Seventh to Adjournment on November 22nd, Street, Southwest, Washington, DC _ Pursuant to section 10(d) of the 2002. Notice was given that SAMHSA 20410; e-mail Wayne [email protected]; Federal Advisory Committee Act, as Special Emphasis Panels I, Center for telephone (202) 708–2374. This is not a amended (5 U.S.C. Appendix 2), notice Mental Health Services Jail Diversion toll-free number. Copies of the proposed is hereby of the following meeting. meetings on December 2nd–6th, 2002, forms and other available documents The meeting will be closed to the would be closed from 11 a.m. December submitted to OMB may be obtained public in accordance with the 4th to Adjournment. The closed session from Mr. Eddins. provisions set forth in sections is now from 8:30 a.m. on December 2nd SUPPLEMENTARY INFORMATION: The 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., to Adjournment on December 6th, 2002. Department has submitted the proposal as amended. The grant applications and Notice was given that SAMHSA for the collection of information, as the discussions could disclose Special Emphasis Panels I, Center for described below, to OMB for review, as confidential trade secrets or commercial Substance Abuse Treatment, American required by the Paperwork Reduction property such as patentable material, Indian/Alaskan Native and Rural Act (44 U.S.C. Chapter 35). The Notice and personal information concerning Community Planning Program meeting lists the following information: (1) The individuals associated with the grant on December 9th–13th, 2002, would be title of the information collection applications, the disclosure of which closed from 11 a.m. December 11th to proposal; (2) the office of the agency to

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collect the information; (3) the OMB an information collection requirement; HUD 2880, HUD 2992, HUD 2991, HUD approval number, if applicable; (4) the and (10) the name and telephone 92041, HUD 92043. description of the need for the number of an agency official familiar Description of the Need for the information and its proposed use; (5) wiht the proposal and of the OMB Desk Information and its Proposed Use: To the agency form number, if applicable; Officer for the Department. apply for capital advances for HUD’s (6) what members of the public will be This Notice also lists the following Section 811 program, prospective affected by the proposal; (7) how information: private nonprofit organizations submit frequently information submissions will completed Section 811 Supportive Title of Proposal: Application be required; (8) an estimate of the total Housing for Persons with Disabilities Submission Requirements—Section 811 number of hours needed to prepare the Application Kits. Supportive Housing for Persons with information submission including Respondents: Not-for profit Disabilities. number of respondents, frequency of institutions, Business or other for-profit, response, and hours of response; (9) OMB Approval Number: 2502–0462. State, Local or Tribal Governments. whether the proposal is new, an Form Numbers: HUD–92016–CA, SF Frequency of Submission: On extension, reinstatement, or revision of 424, HUD 50070, HUD 50071, SF LLL, occasion.

Number of × Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 260 1 40.3 10,481

Total Estimated Burden Hours: between December 9, 2002 and The Mortgage Loans will be sold 10,481. December 20, 2002. without FHA insurance and, except for Status: Reinstatement, without ADDRESSES: To become a qualified one Mortgage Loan, with servicing change. bidder and receive the BIP, prospective released. HUD will offer qualified Authority: Section 3507 of the Paperwork bidders must complete, execute and bidders an opportunity to bid Reduction Act of 1995, 44 U.S.C. 35, as submit both a Confidentiality competitively on the Mortgage Loans. amended. Agreement and a Qualification The Mortgage Loans have been Statement that are acceptable to HUD. stratified for bidding purposes into 7 Dated: November 19, 2002. mortgage loan pools. Each pool contains Wayne Eddins, Both documents are available on the HUD Web site at http://www.hud.gov/ Mortgage Loans that generally have Departmental Reports Management Officer, similar performance, property type, Office of the Chief Information Officer. offices/hsg/comp/asset/mfam/mhls.cfm. The executed documents must be geographic location, lien position and [FR Doc. 02–29801 Filed 11–22–02; 8:45 am] mailed and faxed to Cushman & other characteristics. Qualified bidders BILLING CODE 4210–72–M Wakefield at 1801 K Street, NW., Suite may submit bids on one or more pools 100–L, Washington, DC 20006, of Mortgage Loans. A mortgagor who is Attention: MHLS 2002–2 Sale a qualified bidder may submit an DEPARTMENT OF HOUSING AND individual bid on its own Mortgage URBAN DEVELOPMENT Coordinator, Fax: (202) 293–9049. The MHLS 2002–2 due diligence Loan. facility is located at 1500 K Street, NW., The Bidding Process [Docket No. FR–4639–N–03] Suite 625, Washington, DC 20005. The The BIP describes in detail the facility will be open from October 28, Notice of HUD-Held Multifamily and procedure for bidding in MHLS 2002–2. 2002 through December 4, 2002. Healthcare Loan Sale (MHLS 2002–2) The BIP will also include a standardized FOR FURTHER INFORMATION CONTACT: nonnegotiable loan sale agreement AGENCY: Office of the Assistant Myrna Gordon, Deputy Director, Asset (Loan Sale Agreement) and a loan Secretary for Housing—Federal Housing Sales Office, Room 6266, Department of information CD that contains a Commissioner, HUD. Housing and Urban Development, 451 spreadsheet with selected attributes for ACTION: Notice of sale of mortgage loans. Seventh Street, SW., Washington, DC each Mortgage Loan. As part of its bid, 20410; telephone (202) 708–2625, each bidder must submit a deposit equal SUMMARY: This notice announces HUD’s extension 3369 or Erin E. Moore, Legal to the greater of $100,000 or 10% of the intention to sell certain unsubsidized Honors Intern, Office of Insured bid price. HUD will evaluate the bids multifamily and healthcare mortgage Housing, Multifamily Division, Room submitted and determine the successful loans, without Federal Housing 9230; telephone (202) 708–0614, bids in its sole and absolute discretion. Administration (FHA) insurance, in a extension 5763. These are not toll-free If a bidder is successful, the bidder’s competitive, sealed bid sale (MHLS numbers. Hearing or speech-impaired deposit will be non-refundable and will 2002–2). This notice also describes individuals may call (800) 877–8339 be applied toward the purchase price. generally the bidding process for the (TTY). HUD anticipates that the awards will be sale and certain persons who are SUPPLEMENTARY INFORMATION: HUD made on or before December 9, 2002 ineligible to bid. announces its intention to sell in MHLS (Award Date). Deposits will be returned DATES: The Bidder Information Package 2002–2 certain unsubsidized mortgage to unsuccessful bidders. Closings are (BIP) was available to qualified bidders loans (Mortgage Loans) secured by scheduled to occur between December on October 31, 2002. Bids for the loans multifamily and healthcare properties 9, 2002 and December 20, 2002. These must be submitted on the bid date that located throughout the United States. are the essential terms of sale. The Loan currently is scheduled for December 5, The Mortgage Loans are comprised of Sale Agreement, which is included in 2002. HUD anticipates that awards will performing and nonperforming the BIP, contains additional terms and be made on or before December 9, 2002. mortgage loans. A listing of the details. To ensure a competitive bidding Closings are scheduled to take place Mortgage Loans is included in the BIP. process, the terms of the bidding

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process and the Loan Sale Agreement receiving housing assistance and who employee’s official capacity) who is are not subject to negotiation. would be likely to pay rent in excess of involved in MHLS 2002–2; 30 percent of their adjusted monthly Due Diligence Facility (7) Any mortgagor that failed to income if HUD sold the Mortgage Loan. submit to HUD the 1999, 2000 and 2001 From October 28, 2002 through If HUD determines that any Mortgage audited financial statements for a December 4, 2002, the due diligence Loans meet these criteria, they will be project securing a Mortgage Loan on or facility for MHLS 2002–2 will be open removed from the sale. before November 8, 2002; and at 1500 K Street, NW., Suite 625, Washington, DC. Qualified bidders will Mortgage Loan Sale Procedure (8) Any individual or entity and any Related Party (as such term is defined in be able to access loan information at the HUD selected a competitive sale as due diligence facility through computer the Qualification Statement) that is a the method to sell the Mortgage Loans mortgagor in any of HUD’s multifamily workstations connected to the due primarily to satisfy the Mortgage Sale diligence system or remotely via a high housing programs that is in default Regulations. These regulations require under such mortgage loan or is in speed Internet connection. Qualified that, except under certain limited bidders may make appointments to visit violation of any regulatory or business circumstances, HUD-held multifamily agreements with HUD, unless such the facility or obtain user IDs and mortgage loans must be sold on a passwords for remote access by default or violation was cured on or competitive basis (24 CFR 290.30). This before November 15, 2002. contacting Owusu & Company, HUD’s method of sale optimizes HUD’s return In addition, any entity or individual due diligence contractor, at (202) 638– on the sale of the Mortgage Loans, that served as a loan servicer or 8390. affords the greatest opportunity for all performed other services for or on qualified bidders to bid on the Mortgage Mortgage Loan Sale Policy behalf of HUD at any time during the 2- Loans, and provides the quickest and HUD reserves the right to add year period prior to October 1, 2002 most efficient vehicle for HUD to Mortgage Loans to or delete Mortgage with respect to any Mortgage Loan is dispose of the Mortgage Loans. Loans from MHLS 2002–2 at any time ineligible to bid on such Mortgage Loan. prior to the Award Date. HUD also Bidder Eligibility Also ineligible to bid on any Mortgage reserves the right to reject any and all In order to bid in the sale, a Loan are: (a) Any affiliate or principal bids, in whole or in part, without prospective bidder must complete, of any entity or individual described in prejudice to HUD’s right to include any execute and submit both a the preceding sentence; (b) any Mortgage Loans in a later sale. Mortgage Confidentiality Agreement and a employee or subcontractor of such Loans will not be withdrawn after the Qualification Statement acceptable to entity or individual during that 2-year Award Date except as is specifically HUD. The following individuals and period; or (c) any entity or individual provided in the Loan Sale Agreement. entities are ineligible to bid on any of that employs or uses the services of any This notice is to ensure compliance other entity or individual described in with the Multifamily Mortgage Sale the Mortgage Loans included in MHLS 2002–2: this paragraph in preparing its bid on Regulations, 24 CFR 290.30. These such Mortgage Loan. Prospective (1) Any employee of HUD, a member regulations were promulgated in bidders should carefully review the of such employee’s household, or an consideration of the settlement that Qualification Statement to determine entity owned or controlled by any such HUD entered into in Walker v. Kemp, whether they are eligible to submit bids employee or member of such an No. C 87 2628 RFP (N.D. Cal.). In on the Mortgage Loans in MHLS 2002– employee’s household; settling that matter, HUD agreed that 2. prior to the sale of specific HUD held (2) Any individual or entity that is mortgage loans that may have been debarred from doing business with HUD Freedom of Information Act Requests pursuant to Title 24 of the Code of receiving some form of subsidy at that HUD reserves the right, in its sole and Federal Regulations, part 24; time, HUD would consider the effects of absolute discretion, to disclose (3) Any contractor, subcontractor and/ the sale upon several issues. These information regarding MHLS 2002–2, or consultant or advisor (including any issues include, but are not limited to, including, but not limited to, the agent, employee, partner, director, the availability of assisted housing for identity of any bidder and their bid principal or affiliate of any of the tenants in those projects, the legal price or bid percentage, upon the foregoing) who performed services for, protections afforded to those tenants completion of the sale. Even if HUD or on behalf, of HUD in connection with and their rights, HUD’s ability to elects not to publicly disclose any MHLS 2002–2; monitor compliance of the properties information relating to MHLS 2002–2, and the community need for low and (4) Any individual who was a HUD will have the right to disclose any moderate income housing. By following principal, partner, director, agent or information that HUD is obligated to the Multifamily Mortgage Sale employee of any entity or individual disclose pursuant to the Freedom of Regulations, HUD is in compliance with described in subparagraph 3 above, at Information Act and all regulations the terms of the settlement. any time during which the entity or promulgated thereunder. This is a sale of unsubsidized individual performed services for or on mortgage loans. Therefore, HUD has behalf of HUD in connection with Scope of Notice MHLS 2002–2; determined that, pursuant to the This notice applies to MHLS 2002–2, Multifamily Mortgage Sale Regulations, (5) Any individual or entity that uses and does not establish HUD’s policy for the Mortgage Loans will be sold without the services, directly or indirectly, of the sale of other mortgage loans. FHA insurance. Consistent with HUD’s any person or entity ineligible under policy as set forth in 24 CFR 290.35, subparagraphs 1 through 4 above to Dated: November 18, 2002. HUD is unaware of any Mortgage Loan assist in preparing any of its bids on the John C. Weicher, that is delinquent and secures a project Mortgage Loans; Assistant Secretary for Housing—Federal (1) for which foreclosure appears (6) Any individual or entity which Housing Commissioner. unavoidable, and (2) in which very-low employs or uses the services of an [FR Doc. 02–29800 Filed 11–22–02; 8:45 am] income tenants reside who are not employee of HUD (other than in such BILLING CODE 4210–27–P

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DEPARTMENT OF THE INTERIOR than 9 p.m. will be held at the following interconnection to the adjacent Kern dates and locations: River Gas Transmission gas pipeline; a Bureau of Land Management Tuesday, December 10, 2002—BLM, four-inch diameter water pipeline Las Vegas Field Office, 4701 North originating from the Southern Nevada [NV–050–02–5101–ER–F331; N–75493, N– Torrey Pines Drive, Las Vegas, Nevada Correctional Center (SNCC) in Jean, 75471, N–75472, N–75474, N–75475, N– Wednesday, December 11, 2002— Nevada, to supply water processed 75476, N–75477] Community Center, West Quartz through a planned water treatment Notice of Availability to Announce the Avenue, Sandy Valley, Nevada facility for air emissions control; a 60-Day Public Review and Comment Thursday, December 12, 2002— telecommunications line; a 230 kilovolt Period for the Draft Environmental Community Center, 375 West San Pedro (kV) substation; the following 230 kV Impact Statement for the Ivanpah Avenue, Goodsprings, Nevada transmission lines: (1) Two 230 kV lines Energy Center Individuals making written comments from the proposed Ivanpah Substation at public meetings may request to the Pahrump-Mead 230 kV line AGENCY: Bureau of Land Management. confidentiality. If they wish to withhold corridor; (2) a 43-mile 230 kV line from ACTION: Notice of Availability (NOA) to their name or street address from public the Ivanpah Substation to the Western announce the 60-day public review review or disclosure under the Freedom Area Power Administration Mead period for the Ivanpah Energy Center of Information Act, this must be Substation, in Eldorado Valley, Nevada; (Ivanpah) Draft Environmental Impact definitively stated at the beginning of and (3) two 230 kV lines from the Statement (DEIS). written comments. Such requests will Ivanpah Substation to the Table be honored to the extent allowed by Mountain Substation and Valley Electric SUMMARY: Pursuant to Section 102 (2)(C) law. All submissions from organizations Association’s Pahrump-Mead of the National Environmental Policy and businesses, and for individuals Transmission Line; and the following Act (NEPA) of 1969, a DEIS has been identifying themselves as fiber optic lines: (1) An optical-fiber prepared by the Bureau of Land representatives or officials of ground wire (OPGW) shield wire as an Management (BLM), Las Vegas Field organizations or businesses will be integral part of the Ivanpah-Mead #2 Office for the Ivanpah Energy Center. available for public inspection in their transmission line; and (2) an OPGW as The DEIS was prepared to analyze the entirety. an integral part of the Table Mountain- impacts of issuing rights-of-way for a Copies of the DEIS will be mailed to Ivanpah #1 transmission line. Access to gas-fired electric power plant and individuals, agencies, or companies Ivanpah would be via an existing, ancillary facilities (consisting of electric who previously requested copies. unimproved road connected to State transmission lines, electric substations, FOR FURTHER INFORMATION CONTACT: Jerry Highway 161. water pipeline, access road, and Crockford, Project Manager, Bureau of An alternative plant site, located in telephone line). Western Area Power Land Management, Las Vegas Field Primm, Nevada, would be co-located Administration is a cooperating agency. Office, 4701 N. Torrey Pines Drive, Las with the Reliant Bighorn Power Plant, on a 30-acre parcel on private property. ADDRESSES: Written comments on the Vegas, NV 89130–2301 or Bureau of DEIS must be postmarked or otherwise Land Management, Farmington Field Ancillary facilities to the alternative plant site include a 10 to 11-mile long delivered by 4:30 p.m., 60 days Office, 1235 La Plata Highway, Suite A, water supply pipeline from SNCC to the following the date the Environmental Farmington, NM 87401; telephone (505) power plant; a 40-mile long Protection Agency (EPA) publishes the 599–6333, cellular telephone (505) 486– transmission line to interconnect the NOA and filing of the DEIS in the 4255. plant to the Mead Substation; Federal Register. Written comments on SUPPLEMENTARY INFORMATION: The DEIS approximately 30-miles of transmission the document should be addressed to addresses the proposed action and two lines to interconnect the facility to the Jerry Crockford, Project Manager, alternatives. The proposed action can be proposed Table Mountain Substation Bureau of Land Management, Las Vegas summarized as follows: constructing, and the Valley Electric Association’s Field Office, 4701 Torrey Pines Drive, operating, and maintaining a 500 Pahrump-Mead transmission line; a 3.2- Las Vegas, NV 89130–2301. Oral and/or megawatt gas-turbine combined-cycle mile natural gas pipeline connecting to written comments may also be power plant in the Ivanpah Valley, Kern River Gas Transmission Company presented at public meetings. Public approximately 20 miles south of Las natural gas pipeline; use of existing reading copies of the DEIS will be Vegas, Nevada. Except for a related access roads; and telecommunications available for reading at public libraries electric transmission line, the proposed facilities. located at the following addresses: generating facility and most ancillary • The plant will require approximately 650 West Quartz Avenue, Sandy facilities are located on 30-acres of 22 months for construction. The plant Valley, NV public land administered by the BLM, • will be built to operate continuously, 365 West San Pedro, Goodsprings, in the MDBM, T. 25 S., R. 58 E., sec. 1, except for semi-annual maintenance NV and T. 25 S., R. 59 E., sec. 6. The facility shutdowns, with a projected 40-year • 4280 South Jones Blvd., Las Vegas, would use a refrigerated air system to life. Power will be sold into the NV reduce cooling water requirements commercial power markets of Nevada, A limited number of copies of the normally associated with combined- California, and Arizona. document will be available at the cycle power plants. Power generated Under the No Action Alternative, following BLM offices: from Ivanpah would enter the southern BLM would not issue right-of-way • X BLM, Nevada State Office, 1340 Nevada power grid through Western grants for Ivanpah and ancillary Financial Blvd., Reno, NV Area Power Administration’s Mead facilities. The project including the • X BLM, Las Vegas Field Office, Substation, in Eldorado Valley. The power plant, transmission lines, water 4701 Torrey Pines Drive, Las Vegas, NV proposed plant site is located 2.5-miles pipeline, gas pipeline, access road, DATES: Three scheduled public meetings southeast of the town of Goodsprings, telecommunication facilities, and commencing at 7 p.m. and continuing Nevada. The proposed action includes temporary use areas would not be until all those present have an the following ancillary facilities: a 12- constructed. The areas proposed for opportunity to speak but closing no later inch diameter gas pipeline Ivanpah would remain undeveloped. An

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energy need would not be met by the provisions of existing withdrawals, liability for and shall defend, proposed plant’s generated power. other segregations of record and the indemnify, and save harmless the Public participation is encouraged requirements of applicable law upon United States and its officers, agents, throughout processing of this project. publication of this notice in the Federal representatives, and employees Comments presented throughout the Register. (hereinafter referred to in this clause as process will be considered. Dated: October 8, 2002. the United States), from all claims, loss, Dated: August 15, 2002. Jenifer Arnold, damage, actions, causes of actions, expense, and liability (hereinafter Angie C. Lara, Acting District Manager. referred to in this clause as claims), Acting Field Manager. [FR Doc. 02–29823 Filed 11–22–02; 8:45 am] resulting from, brought for, or on [FR Doc. 02–29866 Filed 11–22–02; 8:45 am] BILLING CODE 4310–GG–P account of, any personal injury, threat of BILLING CODE 4310–HC–P personal injury, or property damage received or sustained by any person or DEPARTMENT OF THE INTERIOR persons (including the patentees DEPARTMENT OF THE INTERIOR Bureau of Land Management employees) or property growing out of, Bureau of Land Management occurring, or attributable directly or [NV–930–1430–ES; N–35639] indirectly, to the disposal of solid waste [ID–086–1430–ES] on, or the release of hazardous Notice of Realty Action: Recreation substances from Mount Diablo Notice of Termination of Recreation and Public Purposes (R&PP) Act Meridian, Nevada, T. 12 S., R. 46 E., sec. Classification; Conveyance of Public and Public Purposes Act Classification 13, S1⁄2NW1⁄4NW1⁄4NW1⁄4, Lands near Beatty, NV and Opening Order; Idaho N1⁄2SW1⁄4NW1⁄4NW1⁄4, regardless of AGENCY: Bureau of Land Management, AGENCY: Bureau of Land Management. whether such claims shall be Interior. ACTION: Classification of public land for attributable to: (1) The concurrent, contributory, or partial fault, failure or ACTION: Termination of Recreation and conveyance pursuant to the Recreation negligence of the United States; Public Purposes Act Classification and and Public Purposes Act. 2. The above described land was used opening order; Idaho. SUMMARY: The following described as a solid waste disposal site, and will SUMMARY: This notice terminates a public land in Nye County, Nevada has continue to be used as solid waste portion of a Recreation and Public been examined and classified as suitable transfer station. Upon closure, the site Purposes Act Classification on 40.55 for conveyance, in accordance with may contain small quantities of acres, as this classification is no longer Section 7 of the Taylor Grazing Act, 43 commercial and household wastes as needed. U.S.C. 315f, and Executive Order No. determined in the Resource EFFECTIVE DATE: November 25, 2002. 6910. Patent will be issued to Nye Conservation and Recovery Act of 1976, County under provisions of the as amended (42 U.S.C. 6901), and FOR FURTHER INFORMATION CONTACT: defined in 40 CFR 261.4 and 261.5. Scott Forssell, BLM Coeur d’Alene Field Recreation and Public Purposes Act of Although there is no indication these Office, 1808 N. Third St., Coeur June 14, 1926, as amended (43 U.S.C. materials pose any significant risk to d’Alene, ID, 83814 or call (208) 769– 869 et seq.) for the purposes of operating a municipal solid waste transfer station. human health or the environment, 5044. future land uses should be limited to SUPPLEMENTARY INFORMATION: On April Mount Diablo Meridian, Nevada those which do not penetrate the liner 7, 1978, 57.15 acres were classified as T. 12 S., R. 46 E., of final cover of the site unless 1 1 1 1 1 1 suitable for entry under the Recreation sec 13, S ⁄2NW ⁄4NW ⁄4, N ⁄2SW ⁄4NW ⁄4. excavation is conducted subject to and Public Purposes Act of June 14, Containing 40.00 acres more or less. applicable State and Federal 1926, as amended (43 U.S.C. 869). The The lands are not needed for Federal requirements; legal description of this parcel is: Lots purposes. Conveyance is consistent with 3. No portion of the land shall under 3–5, section 10, T.48N., R.3E., Boise BLM land use planning and would be in any circumstances revert to the United Meridian, Idaho. The classification and the public interest. Patent, when issued, States if any portion has been used for segregation for lot 5, section 10, T.48N., will be subject to the provisions of the solid waste disposal or for any other R.3E., Boise Meridian, Idaho, remains Recreation and Public purposes Act and purpose which may result in the unaffected by this notice. applicable regulations of the Secretary disposal, placement, storage, or release Both the classification and the of the Interior, and will contain the of any hazardous substance; and will be segregation for the following described following reservations to the United subject to valid existing rights. 40.55 acres is hereby terminated: lots 3 States: Detailed information concerning this and 4, section 10, T.48N., R.3E., Boise 1. A right-of-way thereon for ditches action is available for review at the Meridian, Idaho. or canals constructed by the authority of office of the Bureau of Land A local non-profit organization holds the United States, pursuant to the Act of Management, Tonopah Field Station, a Recreation and Public Purposes Act August 30, 1890 (43 U.S.C. 945); 1553 South Main Street, Tonopah, lease on public land. They have 2. All minerals shall be reserved to Nevada. The subject lands were relinquished a portion of that lease. the United States, together with the previously classified and segregated for Federal regulations require that the right to prospect for, mine, and remove the purposes of a lease authorizing a classification on the lands formerly such deposits from the same under sanitary landfill pursuant to the leased be terminated and that the lands applicable law and regulations to be Recreation and Public Purposes Act. be once again opened to the public land established by the Secretary of the Further segregation will not be required. laws. Interior. For a period of 45 days from the date These lands will be opened to Patent will contain the following of publication of this Notice in the operation of the public land laws provisions: Federal Register, interested parties may generally, including the mining laws, 1. Nye County a political subdivision submit comments regarding the subject to valid existing rights, the of the State of Nevada, assumes all proposed conveyance or classification of

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the lands to the Assistant Field Station Manual 1203 dated April 14, 1987, ACTION: The following described public Manager, Tonopah Field Station, P.O. R&PP Classification N 061122 is hereby land in the Las Vegas Valley, Clark Box 911, Tonopah, NV, 89049. terminated in its entirety on the County, Nevada, has been examined and Classification Comments: Interested following described public land: found suitable for lease/conveyance for parties may submit comments involving Mount Diablo Meridian, Nevada recreational or public purposes under the suitability of the land for use as a the provisions of the Recreation and municipal solid waste transfer station. T. 13 N., R. 25 E., Public Purposes Act, as amended (43 Sec. 25, S1⁄2NW1⁄4NE1⁄4, SW1⁄4NE1⁄4. Comments on the classification are U.S.C. 869 et eq.). Clark County Containing 60.00 acres, more or less. restricted to whether the land is proposes to use the land for a multi-use physically suited for the proposal, Classification N 061122 made service center. whether the use is consistent with local pursuant to the Act of June 14, 1926, as planning and zoning, or if the use is amended (43 U.S.C. 869 et seq.), Mount Diablo Meridian, Nevada, consistent with State and Federal segregated the public land from all other T. 22 S., R. 60 E., programs. forms of appropriation under the public Section 26: SW1⁄4NE1⁄4, N1⁄2SE1⁄4NE1⁄4, Application Comments: Interested land laws, including location under the SW1⁄4SE1⁄4NE1⁄4, N1⁄2SE1⁄4SE1⁄4NE1⁄4, parties may submit comments regarding United States mining laws, but not SW1⁄4SE1⁄4SE1⁄4NE1⁄4. the specific use proposed in the leasing under the mineral leasing laws. Approximately 77.5 acres. application and plan of development, The land was previously leased to Lyon County for a sanitary landfill. The lease The service center would be located whether the BLM followed proper in the southern end of the Las Vegas administrative procedures in reaching has terminated and the classification no longer serves any purpose. Valley, west of Jones Blvd., east of the decision, or any other factor not Torrey Pines Drive, south of Le Baron directly related to the suitability of the At 10 a.m. on December 26, 2002, the land will become open to the operation Ave., and north of Pyle Ave. The land for the uses described. location is adjacent to an industrial area Any adverse comments will be of the public land laws generally, on the north and immediately east of the reviewed by the State Director. In the subject to valid existing rights, the Union Pacific Railroad tracks. The land absence of any adverse comments, the provisions of existing withdrawals, and is not required for any Federal purpose. classification of the land will become the requirements of applicable law. All The lease/conveyance is consistent with effective 60 days from the date of valid applications received at or prior to current Bureau planning for this area publication of this Notice in the Federal 10 a.m. on December 26, 2002, shall be and would be in the public interest. The Register. The lands will not be considered as simultaneously filed at lease/patent, when issued, will be conveyed until after the classification that time. Those received thereafter subject to the provisions of the becomes effective. shall be considered in the order of filing. Recreation and Public Purposes Act and Dated: October 3, 2002. At 10 a.m. on December 26, 2002, the applicable regulations of the Secretary William S. Fisher, land will also be open to location under of the Interior, and each will contain the Assistant Field Manager, Tonopah. the United States mining laws. following reservations to the United [FR Doc. 02–29824 Filed 11–22–02; 8:45 am] Appropriation of the land under the States: BILLING CODE 4310–HC–P general mining laws prior to the date 1. A right-of-way thereon for ditches and time of restoration is unauthorized. and canals constructed by the authority Any such attempted appropriation, of the United States, Act of August 30, DEPARTMENT OF THE INTERIOR including attempted adverse possession 1890 (43 U.S.C. 945). under 30 U.S.C. 38, shall vest no rights 2. All minerals shall be reserved to Bureau of Land Management against the United States. Acts required the United States, together with the [NV–930–1430–ES; N 061122] to establish a location and to initiate a right to prospect for, mine and remove right of possession are governed by State such deposits from the same under Notice of Realty Action; Termination of law where not in conflict with Federal applicable law and such regulations as Recreation and Public Purposes Act law. The Bureau of Land Management the secretary of the Interior may Classification; Lyon County, NV will not intervene in disputes between prescribe and will be subject to: rival locators over possessory rights 1. All valid and existing rights, which AGENCY: Bureau of Land Management, since Congress has provided for such are identified and shown in the case Interior. determination in local courts. file. ACTION: Notice. Dated: October 21, 2002. The lands have been segregated from all forms of appropriation under the SUMMARY: This action terminates Charles P. Pope, Southern Nevada Public Lands Recreation and Public Purposes (R&PP) Assistant Manager, Non-Renewable Management Act (P.L. 105–263). Resources, Carson City Field Office. Classification N 061122 in its entirety. Detailed information concerning this The land will be opened to the public [FR Doc. 02–29825 Filed 11–22–02; 8:45 am] action is available for review at the land laws, including the mining laws. BILLING CODE 4310–HC–M office of the Bureau of Land EFFECTIVE DATE: The land will be open Management, Las Vegas Field Office, to entry effective 10 a.m. on December DEPARTMENT OF THE INTERIOR 4701 N. Torrey Pines Drive, Las Vegas, 26, 2002. NV, or by calling (702) 515–5164. Upon FOR FURTHER INFORMATION CONTACT: Bureau of Land Management publication of this notice in the Federal Charles J. Kihm, Bureau of Land Register, the above described land will Management, Carson City Field Office, [NV–050–1420–ES; N–74685] be segregated from all other forms of 5665 Morgan Mill Road, Carson City, appropriation under the public land Nevada 89701, 775–885–6000. Notice of Realty Action: Lease/ Conveyance for Recreation and Public laws, including the general mining laws, SUPPLEMENTARY INFORMATION: Pursuant Purposes except for lease/conveyance under the to the authority delegated by Appendix Recreation and Public Purposed Act, 1 of Bureau of Land Management AGENCY: Bureau of Land Management. leasing under the mineral leasing laws

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and disposal under the mineral material Public Land Order 3457, which writing to the Chief, Branch of Lands disposal laws. withdrew 1,078.81 acres of public lands Management, California State Office, For a period of 45 days from the date on behalf of the Department of Navy for Bureau of Land Management, at the of publication of this notice in the use as a Microwave Space Relay Station. address listed above. If the authorized Federal Register, interested parties may The Department of the Navy has officer determines that a public meeting submit comments regarding the requested that the withdrawal be should be held, it will be scheduled and proposed lease/conveyance for changed to allow the land to be used as conducted in accordance with 43 CFR classification of the lands to the Las a mountain warfare training site. The 2310.3–1(c)(2). A notice of the time and Vegas Field Manager, Las Vegas Field Department of the Navy also requested place would be published in the Federal Office, 4701 N. Torrey Pines Drive, Las that the administrative jurisdiction for Register at least 30 days before the Vegas, Nevada 89130–2301. the land be permanently transferred to scheduled date of the public meeting. Classification Comments: Interested them. Public Land Order 3457 was 4. The application will be processed parties may submit comments involving published in the Federal Register on in accordance with the regulations set the suitability of the land for a Clark October 7, 1964 (29 FR 13815). The land forth in 43 CFR 2300. County service center. Comments on the has been and will remain withdrawn 5. The subject land is currently classification are restricted to whether from settlement, sale, location, or entry withdrawn for the Department of the the land is physically suited for the under the general land laws, including Navy for military purposes and proposal, whether the use will the mining and mineral leasing laws. therefore is segregated from settlement, maximize the future use or uses of the DATES: Comments and requests for a sale, location, or entry under the general land, whether the use is consistent with public meeting must be received by land laws, location and entry under the local planning and zoning, or if the use February 24, 2003. United States mining laws, and the is consistent with State and Federal operation of the mineral leasing laws. programs. ADDRESSES: Comments and meeting Application Comments: Interested requests should be sent to Howard K. The temporary uses which may be parties may submit comments regarding Stark, Chief, Branch of Lands permitted during this segregative period the specific use proposed in the Management (CA–930), Bureau of Land are those which are compatible with the application and plan of development, Management, 2800 Cottage Way, Suite use of the land, as determined by the whether the BLM followed proper W–1834, Sacramento, California 95825– Bureau of Land Management and the administrative procedures in reaching 1886. Department of the Navy. the decision, or any other factor not FOR FURTHER INFORMATION CONTACT: Dated: September 19, 2002. directly related to the suitability of the Duane Marti, Realty Specialist, Bureau Howard K. Stark, lands for a multi-use service center. Any of Land Management, 916–978–4675. Chief, Branch of Lands Management. adverse comments will be reviewed by SUPPLEMENTARY INFORMATION: [FR Doc. 02–29822 Filed 11–22–02; 8:45 am] the State Director who may sustain, 1. The Department of the Navy has BILLING CODE 4310–40–P vacate, or modify this realty action. In filed an application to modify Public the absence of any adverse comments, Land Order 3457, which withdrew the these realty actions will become the following described public land from final determination of the Department of settlement, sale, location, or entry under DEPARTMENT OF JUSTICE the Interior. The classification of the the general land laws, including the land described in this Notice will mining and mineral leasing laws, Antitrust Division become effective 60 days from the date subject to valid existing rights for of publication in the Federal Register. military purposes: Responses to Public Comments on The lands will not be offered for lease/ Proposed Final Judgment in United San Bernardino Meridian conveyance until after the classification States v. The Manitowoc Co., Inc., et al. becomes effective. T. 17 S., R. 5 E., Sec. 23, lot 2, E1⁄2SW1⁄4 and SE1⁄4; Pursuant to the Antitrust Procedures Dated: October 16, 2002. Sec. 24, lots 20 and 22, and SW1⁄4; and Penalties Act, 15 U.S.C. § 16(b)-(h), Rex Wells, Sec. 25, W1⁄2; the United States hereby publishes the Assistant Field Manager, Division of Lands, Sec. 26, lots 1 and 2, NE1⁄4, E1⁄2NW1⁄4, two public comments on the proposed Las Vegas, NV. NE1⁄4SW1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4. Final Judgment in United Statesv. The [FR Doc. 02–29826 Filed 11–22–02; 8:45 am] The area described contains 1,078.81 acres Manitowoc Co., Inc., Grove Investors, BILLING CODE 4310–HC–P in San Diego County. Inc., and National Crane Corp., Civil 2. The Department of the Navy has No. 1:02 CV 01509 (RL), filed in the requested that the administrative United States District Court for the DEPARTMENT OF THE INTERIOR jurisdiction of the land described above District of Columbia, together with the in paragraph 1 be permanently government’s responses to the Bureau of Land Management transferred to the Department of the comments. [CA–660–1430–ET, CARI 04221 01] Navy, so that the land can be managed On July 31, 2002, the United States for use as a mountain warfare training filed a Complaint that alleged that The Notice of Proposed Modification of site and shall thereafter be subject to all Manitowoc Company Inc.’s proposed Withdrawal, and Transfer of laws and regulations applicable thereto, acquisition of Grove Investors, Inc. (and Administrative Jurisdiction, and subject to valid existing rights. its subsidiary, National Crane Corp.) Opportunity for Public Meeting; CA 3. For a period of 90 days from the would violate Section 7 of the Clayton AGENCY: Bureau of Land Management, date of publication of this notice, all Act, 15 U.S.C. 18, by substantially Interior. persons who wish to submit comments, lessening competition in production ACTION: Notice. suggestions, objections, or requests for and sale of medium- and heavy-lift public meetings in connection with the boom trucks in North America. The SUMMARY: The Department of the Navy proposed actions described in this proposed Final Judgment, requires the has filed an application to modify notice, may present their views in defendants to divest either Manitowoc’s

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or Grove’s boom truck business to a sell its unloader and tailgator product lines. Thank you, purchaser acceptable to the United However, we can find no competitive Richard M. Beine, States. justification for requiring a divestiture of President, Public comment was invited within Manitowoc’s unloader and tailgator product [email protected]. lines. Unloaders and tailagors are small the statutory 60-day comment period. material handling vehicles similar to forklifts U.S. Department of Justice, Antitrust The public comments and the United that are primarily used for loading and Division State’s responses thereto are hereby unloading delivery trucks and in warehouse November 11, 2002. published in the Federal Register, and stocking operatings. The United States is Mr. S.M. Oliva, unaware of any evidence that suggests a shortly thereafter these documents will President, Citizens for Voluntary Trade, 2000 combination of Manitowoc and Grove would be attached to a Certificate of F Street, NW, Suite 315, Washington, DC adversely affect competition in the Compliance with Provisions of the 20006. production and sale of unloader and tailgator Antitrust Procedures and Penalties Act Re: Comment on Proposed Final Judgment in products. Unloaders and tailgators are, at United States v. The Manitowoc Co., and filed with the Court, together with best, minor complements to, not competitive Inc., Grove Investors, Inc., and National a motion urging the Court to enter the alternatives for, medium- and heavy-lift Crane Corp., No. 1:02CV01509 (D.D.C., proposed Judgment. Copies of the boom trucks. Divestitures of unloader and filed July 31, 2002). Complaint, Hold Separate Stipulation tailgator product lines unloader and tailgator and Order, proposed Final Judgment, product lines is not required either to cure Dear Mr. Oliva: This letter responds to the and the Competitive Impact Statement an alleged violation or to ensure the viability comment on the proposed Final Judgment are currently available for inspection in of the divested boom truck assets. The (‘‘Judgment’’), which you submitted on Judgment, as currently written, fully behalf of Citizens for Voluntary Trade Room 200 of the Antitrust Division, (‘‘CVT’’), a nonprofit association that Department of Justice, 325 7th Street, addressed the competitive issues raised by Manitowoc’s acquisition of Grove’s boom purportedly provides supporters of NW., Washington, DC 20530 (telephone: truck business. capitalism and individual rights an 202–514–2481) and at the Clerk’s Office, Thank you for bringing your concern to our opportunity to participate in public policy United States District Court for the attention; we hope this information will help discussions related to antitrust and District of Columbia, 333 Constitution alleviate them. Pursuant to the Antitrust government regulation of business. The Avenue, NW., Washington, DC 20001. Procedures and Penalties Act, 15 U.S.C. Complaint in this case charged that a (The United State’s Certificate of § 16(d), a copy of your comment and this combination of Manitowoc and Grove would Compliance with Provisions of the response will be published in the Federal substantially reduce competition in medium- Register and filed with the Court. and heavy-lift boom trucks. The proposed Antitrust Procedures and Penalties Act Judgment would resolve the serious Sincerely yours, will be made available at the same competitive concerns by requiring locations shortly after they are filed J. Robert Kramer II, defendants to divest either Manitowoc’s or with the Court.) Copies of any of these Chief, Litigation II Section. Grove’s boom truck business. materials may be obtained upon request Busey Truck Equip., Inc. In its comment, CVT asserted that the and payment of a copying fee. Court should not require defendants to divest J. Robert Kramer II, either Manitowoc’s or Grove’s boom truck Constance K. Robinson, Chief, Litigation II Section, Antitrust business until after the United States Division, US Department of Justice, 1401 Director of Operations, Antitrust Division. demonstrates that defendants’ combination H Street NW Suite 3000, Washington DC actually will result in higher prices charged U.S. Department of Justice, Antitrust 20530. to purchasers of medium- and heavy-lift Division September 25, 2002. boom trucks. Even then, CVT contends, the November 11, 2002. Re: The Manitowoc Co., Inc. Court should not order a divestiture since Mr. Richard M. Beine, Dear Sir: In February 2002, we had our consumers can simply decide not to purchase President, Busey Truck Equipment, Inc., 1840 attorney prepare a letter of intent to the boom trucks. In essence, CVT’s argument is S. Farmington Road, Jackson, M0 63755. Manitowoc Co to express our interest in that the antitrust laws are an unnecessary Re: Comment on Proposed Final Judgment in purchasing the Trolley Boom Line (and perhaps unconstitutional) government United States v. The Manitowoc Co., (Unloaders, tailgators) of products. They have infringement on defendants’ contracting Inc., Grove Investors, Inc., and National never responded to our letter of intent. May freedom, and in that context, the boom truck Crane Corp., No. 1:02CV01509 (D.C.C., 1, 2002 FEMCO a subsidiary of the business divestiture ordered by the proposed filed July 31, 2002). Manitowoc Co informed us they would be Judgment is an unauthorized government Dear Mr. Beine: This letter responds to taking over management of this line of ‘‘taking’’ of defendants’ private property. your September 25th letter, commenting on products. In determining whether to enter the the proposed Final Judgment submitted for Our primary interest in acquiring the proposed Judgment, the Court must decide entry in the above case. The government’s Trolley Boom Line (unloaders, tailgators) of whether entry of the Judgment would be in Complaint in the case charged that a products is because Manitowoc has the ‘‘public interest.’’ To make that combination of Manitowoc and Grove would continuously failed to provide the product determination the Court, inter alia, must substantially reduce competition in support needed for this product as it is such carefully review the relationship between the production and sale of medium- and heavy- a small part of their conglomeration. Sir, relief that has been ordered in the proposed lift boom truck in North America. The these trolley booms are our business’ Judgment and the allegations of the proposed Judgment would resolve these lifeblood. government’s Complaint. Applying that competitive concerns by requiring When we tried to purchase this line in standard in this case, the Court’s entry of the defendants promptly to divest either February we had the support of all of the proposed Judgment surely would be ‘‘within Manitowoc’s Grove’s boom truck business. dealers that already sell this line. They the reaches’’ of the public interest (United In your comment, you observed that believe we can continue on the great USTC States v. Bechtel Corp., Inc., 648 F.2d 660, defendant Manitowoc has consistently failed name of these trolley booms. 666 (9th Cir.), cert. denied, 454 U.S. 1083 to provide support for its line of unloader We are still interested in the purchase of (1981)), for it would alleviate the serious and tailgator products. In February 2002, the Trolley Boom Line of products. We have competitive concerns regarding the proposal long before the government filed its proposed the expertise and experience needed to to combine two of the nation’s three major Judgment in this case, you offered to support this product line. However we have boom truck producers by requiring purchase this line of products from no interest in the purchasing of the Boom defendants promptly to divest one of their Manitowoc. Manitowoc, however, has failed Truck Line ran out of Georgetown TX. boom truck businesses. To require the to respond to your offer. We trust these comments are relevant to government to prove the allegations of its The gravamen of Busey Truck’s complaint your inquiry of the Manitowoc Co Inc. Please Complaint before the Court rules on the is Manitowoc’s apparent unwillingness to contact us if you need any other information. appropriateness of the parties’ agreed-upon

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relief would effectively turn every regulation of business. CVT performs this firm would still have 30%. While it is likely government antitrust case into a full-blown function, in part, by filing comments in that Manitowoc could increase prices due to trial on the merits of the parties’ claims, and antitrust cases brought by the Department of its higher market share, it’s just as likely the thereby seriously undermine the Justice, the Federal Trade Commission, and remaining competitor could lower their own effectiveness of antitrust enforcement by use other federal and state regulatory agencies. prices in an effort to attract new customers. of consent decrees. And in any event, the Neither CVT nor its members have a This could, conceivably, increase the government is not required to demonstrate, financial interest in the outcome of this case. competitor’s market share and reduce as CVT asserts, an actual post-merger price CVT has no pre-existing relationship with the Manitowoc’s dominance. In any case, both increase in order to establish that an defendants, and has not received any scenarios are ‘‘likely,’’ and the government acquisition will prove anticompetitive. financial support from the defendants or any offers no conclusive evidence to favor its ‘‘Section 7 is, after all, concerned with outside corporation in connection with this own scenario has a greater probability of probabilities, not certainties.’’ F.T.C. v. H.J. case. prevailing. Since the government won’t allow Heinz Co., 246 F.3d 708, 719 (D.C. Cir. 2001) the merger to occur, we’ll never know. (emphasis original, citations omitted). Comments Even if a price increase did occur post- As to CVT’s suggestion that the antitrust The government employs a simple premise merger, it would not, by itself, constitute a laws constitute an unconstitutional in this case: Combining the first and third harm to consumers. Certainly it wouldn’t infringement upon freedom to contract, the largest boom truck crane manufacturers will injure any legal rights of consumers. Nothing Supreme Court has consistently held, in a harm consumers by increasing prices and in federal law or the United States line of cases stretching as far back as reducing innovation. As with most pre- Constitution guarantee individuals the right Standard Oil, that is it not the antitrust laws merger prosecutions, the government can to affordable medium- and heavy-lift boom that impair individual freedom to contract, produce no evidence to prove their trucks. The survival of the human race does but private agreements or acts that unduly allegations; instead, the public is forced to not depend on the continued availability of diminish competition and tend to raise prices accept speculation as to what might happen such trucks. Nor does a price increase for to consumers. By purging our nation’s in the future. Relieved of any burden to such trucks deny any general constitutional economy of such private restraints on present facts, the government can easily right enjoyed by consumers, such as the right competition, the antitrust laws protect and demonstrate the possibility of consumer to free speech or due process of law. Indeed, enhance, not undermine, individual harm, and thus justify its preemptive acts ‘‘consumers’’ are not a group recognized by freedoms, and these laws do not otherwise against the defendant companies. the Constitution; that document only contravene the Constitution. See also United CVT believes, however, that ignoring facts addresses the rights of individuals. To the States v. Standard Oil Co., 221 U.S. 1, 52– is dangerous. It’s one thing to draw extent the Constitution recognizes groups at 70, esp. 58, 68–70 (1911). See also United inferences from limited facts; it’s quite all, it is in the context of general citizenship States v. E.I. duPont de Nemours & Co., 366 another to predict outcomes without any (separating U.S. citizens from ‘‘Indians not U.S. 316, 327 (1961) (‘‘If the Court concludes factual basis. The latter is a function best left taxed,’’ for example 4 or to remedy historical that other measures will not be effective to to gypsies and psychics. The Department of wrongs against a particular group, as was the redress a violation, and that complete Justice’s track record shows they are poor case with the Reconstruction amendments.5 divestiture is a necessary element of a predictors of events that may never take In all other contexts, the Constitution frowns effective relief, the Government cannot be place. Traditionally, governments limit upon arbitrary classification of citizens.6 denied the latter remedy because economic themselves to prosecuting defendants after Consumers are not a historically oppressed hardship, however severe, may result. * * * the alleged crime has taken place. With the class. Quite the contrary, American This proposition is not novel; it is deeply exception of antitrust, there is no other area consumers enjoy an unprecedented level of rooted in antitrust law and has never been of law where the government grants itself the power to dictate economic outcomes. Unlike successfully challenged.’’) power to act before any crime (or victim) is the traditionally centrally planned economies Thank you for bringing your concerns to established. of Europe, the American marketplace is our attention; we hope this information will The government claims, in rebuttal, that principally governed by consumer demand. If help alleviate them. Pursuant to the Antitrust the defendants committed a crime just by customers don’t want a product, they don’t Procedures and Penalties Act, 15 U.S.C. agreeing to merge. This, they say, is evidence buy it, and the product’s producer will fail 16(d), a copy of your comment and this of anticompetitive actions that violate the to make a profit. Producers are typically in response will be published in the Federal Clayton Act.1 But if this is a crime, then the business of satisfying customer demands. Register and filed with the Court. where’s the victim? The government says At the same time, however, it is understood Sincerely yours, consumers are the victim, because the merger that the producers own their businesses. A J. Robert Kramer II, will ‘‘increase the likelihood’’ of price firm can produce as much or as little of their Chief, Litigation II Section. increases.2 This begs two questions. First, product as they choose, and may charge will the merger actually increase prices, or whatever price they want; the customer has United States of America, Plaintiff, v. The does it just raise the mathematical probability the right to reject the producer’s price. But Manitowoc Company, Inc., Grove Investors, of such an act? And second, assuming prices in a market economy, the consumer cannot Inc., and National Crane Corp., Defendants; are raised post-merger, does this constitute demand a producer turn over his goods to Comments of Citizens for Voluntary Trade to an actual harm to consumers? We believe the them. Capitalism requires the voluntary trade the Proposed Final Judgment answer to both questions is no. of goods and services; that is, trade according [Case No. 02CV0159] The government relies on market to mutually agreeable terms. Judge: Royce Lamberth concentration to judge the ‘‘likelihood’’ of The government wants none of that. Pursuant to 15 U.S.C. 16(b)–(h) and the price increases. They claim that the Instead, under the facade of ‘‘antitrust’’ laws, Federal Register notice filed by the United defendants, left to merge without government the Department of Justice seeks to award States on August 22, 2002, Citizens for interference, would control 60% of the consumers the ability to demand goods and Voluntary Trade respectfully submits the relevant market. Furthermore, the merged services free of the constraints of voluntary following comments to the proposed final defendants and the remaining principal trade. If producers want to raise the prices judgment filed by the parties on July 31, competitor would control 90% of the they ask of consumers, the government 2002. market.3 The government concludes the smears that behavior as ‘‘anticompetitive.’’ reduction of large competitors from three to Antitrust theory itself holds that just above Introductory Statement two raises the ‘‘likelihood’’ of price increases. any price increase initiated by producers is Citizens for Voluntary Trade (‘‘CVT’’) is a That’s hardly a given. While the combined presumptively bad. This despite the fact that District of Columbia nonprofit association Manitowoc-National Crane company would increased prices lead to increased profits, organized in 2002. CVT’s mission is to have a 60% market share, the number-two which in turn allow producers to increase provide supporters of capitalism and individual rights with opportunities to 1 Complaint at 3. 4 U.S. Const. art. I, § 2, cl. 3. participate in public policy discussions 2 Id. at 2. 5 U.S. Const. amends. XIII, XIV, & XV. related to antitrust and government 3 Id. at 7. 6 See, e.g., U.S. Const. art. IV, § 2, cl. 1.

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their capacity, develop new and improved enter the market because of the need to ACTION: Grant of class exemption. products, and focus on improving overall ‘‘establish a strong reputation,’’ among other customer service. No firm could provide things. So how does creating a new SUMMARY: This document contains a superior products to customers at a sustained competitor by force accomplish this? Does final exemption from certain prohibited loss. the government believe that a reputation can transaction restrictions of the Internal The government understands this, though be established simply by handing a they’re loathe to admit it. In paragraph 17 of corporation assets and customers they didn’t Revenue Code of 1986 (the Code). The the complaint in this case, the Department of actually earn? If that’s the case, why doesn’t exemption was proposed in conjunction Justice describes some of the reasons for the the Department of Justice simply allocate with the Department’s Voluntary dominance of just three firms in the boom resources and market shares in all sectors of Fiduciary Correction (VFC) Program, the truck market: ‘‘superior production capacity American industry? They obviously consider final version of which was published in and capability, strong dealer networks, broad their judgment superior to consumers. the March 28, 2002, issue of the Federal product lines and strong reputation for safety Conclusion Register. The VFC Program allows and reliability.’’ The government notes, certain persons to avoid potential civil correctly, that it would be difficult for any The government claims to serve the new competitor to quickly enter the market ‘‘public interest’’ in presenting this proposed actions under the Employee Retirement because they would need to ‘‘establish a final judgment. But it’s unclear what those Income Security Act of 1974 (ERISA) strong reputation’’ in order to effectively interests are. It’s certainly not legal interests, initiated by the Department and the compete with the dominant firms. 7 But this since no constitutional or statutory right of assessment of civil penalties under is not a weakness of the market, but a consumers was violated by the defendants. section 502(l) of ERISA in connection strength. Every factor the government lists And it’s not economic interests, since a with investigation or civil action by the above is the result of honest, ethical activity. capitalist economy is built on voluntary Department. The exemption will affect Manitowoc’s superior production capacity is actions free of government interference. plans, participants and beneficiaries of not the result of coercion. National Crane’s ‘‘Free competition enforced by law is a such plans and certain other persons strong reputation is not derived from violent grotesque contradiction in terms,’’ 8 not to acts against competitors. This, essentially, is mention a highly unstable way to govern an engaging in such transactions. the difference between ‘‘market power’’ economy. The companies prosecuted in this EFFECTIVE DATE: The exemption is derived from free trade, and ‘‘political case did compete and are competing. The effective November 25, 2002. power’’ derived from the use of force. The government just doesn’t like the outcome of government’s case fails to make this crucial that competition, so they’ve come to court FOR FURTHER INFORMATION CONTACT: distinction. seeking to overrule the judgment of Karen E. Lloyd, Office of Exemption The remedy in the proposed final judgment consumers and producers. The result of the Determinations, Pension and Welfare replaces market power with political power. government’s actions is to introduce fear and Benefits Administration, U.S. The defendants are forced to divest one of uncertainty into a market that previously Department of Labor, Room N–5649, their crane businesses to a yet-to-be- functioned well. It’s hard to see how that 200 Constitution Avenue, NW., determined third party. The government says serves any identifiable ‘‘public interest.’’ Washington, DC 20210, (202) 693–8540 this will protect competition. It does no such Since it is unlikely the Department of (not a toll free number) or Cynthia thing. ‘‘Competition’’ only exists in a Justice will see the error of its ways, CVT capitalist economy; a forced divestiture is respectfully asks the Court to consider our Weglicki, Plan Benefits Security hardly capitalist, since it’s neither voluntary comments and take appropriate action. We Division, Office of the Solicitor, U.S. nor based on respect for property rights. In believe the only just action here is to reject Department of Labor, 200 Constitution a capitalist system, the marketplace decides entry of the proposed final judgment, and to Avenue, NW., Washington, DC 20210, economic outcomes. In the Department of dismiss the government’s complaint with (202) 693–5600 (not a toll free number). Justice’s system, however, economic prejudice. SUPPLEMENTARY INFORMATION: On March outcomes are decided by government Dated: October 18, 2002. mandates. Such is the case here. The 28, 2002, the Department published a government dislikes the potential post- Respectfully Submitted, notice in the Federal Register (67 FR merger structure of the boom truck market, so Citizens for Voluntary Trade 15083) of the pendency of a proposed they brought this case to rearrange things to S.M. Oliva, class exemption from the sanctions their liking. If the government did not have President, 2000 F Street, N.W., Suite 315, resulting from the application of section a monopoly on the use of political force, it Washington, DC 20006; Telephone: (202) 4975(a) and (b) of the Code, by reason would not be able to obtain this result. 223–0071; Facsimile: (760) 418–9010; E- of section 4975(c)(1)(A) through (E) of And far from ‘‘protecting’’ consumers, the mail: [email protected]. the Code. The Department proposed the government’s remedy here denies consumers the fundamental right to act for themselves. [FR Doc. 02–29779 Filed 11–22–02; 8:45 am] class exemption on its own motion The government assumes consumers won’t BILLING CODE 4410–11–M pursuant to section 4975(c)(2) of the pay any price increase that may result from Code, and in accordance with the the merger. But there’s no proof of this procedures set forth in 29 CFR part hypothesis in the record. Consumers often PENSION AND WELFARE BENEFITS 2570, subpart B (55 FR 32836, August pay higher prices if they feel the product is ADMINISTRATION 10, 1990).1 worth it, or it they believe that the product The notice of pendency gave [Prohibited Transaction Exemption 2002– will improve in the future. Consumers are interested persons an opportunity to certainly a far better judge of these things 51; Application No. D–10933] than attorneys at the Department of Justice. comment or request a public hearing on The final judgment’s remedy wrecks all that, Class Exemption to Permit Certain the proposal. Two (2) public comments however. By employing its political power, Transactions Identified in the were received by the Department. Upon the government has stripped consumers of Voluntary Fiduciary Correction consideration of the comments received, their economic power. Program the Department has determined to grant Finally, there is an obvious contradiction the proposed class exemption subject to in the government recognizing the factors AGENCY: Pension and Welfare Benefits certain modifications. These behind Manitowoc’s dominance on the one Administration, U.S. Department of hand, but ignoring these same factors in Labor. 1 fashioning the final judgment’s remedy. The Section 102 of the Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996) generally transferred government says a new firm is unlikely to 8 Ayn Rand, Antitrust: The Rule of Unreason, in the authority of the Secretary of the Treasury to The Voice of Reason 255 (Leonard Peikoff, ed., issue exemptions under section 4975(c)(2) of the 7 Complaint at 7. 1990). Code to the Secretary of Labor.

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modifications and the comments are OMB Number: 1210–0118. unnecessary and burdensome, but discussed below. Affected Public: Business or other for- subsequently clarified that it had the profit; Not-for-profit institutions. same concerns as the first commenter. Executive Order 12866 Respondents: 700. The Department concurs with the Under Executive Order 12866, the Frequency of Response: On occasion. commenters’ views on the notice issue. Department must determine whether a Responses: 700. In this regard, the Department notes that regulatory action is ‘‘significant’’ and Estimated Total Burden Hours: 5,710 the proposed exemption does not therefore subject to the requirements of hours. contain a definition of interested the Executive Order and subject to Total Burden Cost (Operating and persons to whom notice must be review by the Office of Management and Maintenance): $272,928. provided. It is the view of the Budget (OMB). Under section 3(f), the Discussion of Comments Received Department that, where an applicant is order defines a ‘‘significant regulatory The Department received two unaffiliated with, and unrelated to, the action’’ as an action that is likely to employer whose employees are covered result in a rule (1) having an annual comments regarding the proposed class exemption. The commenters requested by the plan, the notice requirement will effect on the economy of $100 million be deemed satisfied if the applicant or more, or adversely and materially specific modifications to the proposal in the following areas: provides notice to a fiduciary of the affecting a sector of the economy, plan who is unrelated to the applicant productivity, competition, jobs, the 1. Notice to Interested Persons and all other parties involved in the environment, public health or safety, or Both commenters addressed Section prohibited transaction. In many cases, State, local or tribal governments or this may be the employer or an communities (also referred to as IV of the proposed exemption which required applicants to provide notice to administrative committee composed of ‘‘economically significant’’); (2) creating officers and employees of the employer. serious inconsistency or otherwise interested persons of the transaction and the method of correction. It was noted However, the Department cautions that interfering with an action taken or the notice requirement will not be planned by another agency; (3) that, in many cases, applicants who may be subject to the excise taxes under considered satisfied if notice is given to materially altering the budgetary an employer who is not unrelated to all impacts of entitlement grants, user fees, section 4975 of the Code will not be the employer whose employees are covered parties involved in the prohibited or loan programs or the rights and transaction. Under no circumstances obligations of recipients thereof; or (4) by the plan, and may be unrelated to the employer. should plan assets be used to pay for the raising novel legal or policy issues notice. arising out of legal mandates, the In this regard, one of the commenters President’s priorities, or the principles stated that, without the cooperation of 2. Three Year Rule the employer, applicants might find it set forth in the Executive Order. One of the commenters also was Pursuant to the terms of the Executive difficult to provide notice to concerned about Section II.F. of the Order, it was determined that this action participants and beneficiaries because proposed exemption, which provided is ‘‘significant’’ under Section 3(f)(4) of they would not have access to the that an applicant seeking relief under the Executive Order. Accordingly, this participants’ and beneficiaries’ names the exemption could not have taken action has been reviewed by OMB. and addresses. The commenter further noted that employers might not be advantage of the relief provided under Paperwork Reduction Act willing to provide access to such the VFC Program and this exemption for In accordance with the Paperwork information due to privacy concerns or a similar type of transaction identified Reduction Act of 1995 (44 U.S.C. 3501– concerns that receipt of the notice might in the current application during the 3520)(PRA 95), the Department cause confusion among the participants period which is three years prior to the submitted the information collection and beneficiaries. submission of the current application. request (ICR) included in the Proposed In the commenter’s view, relief under The commenter argued that applicants Class Exemption to Permit Certain the exemption should not be that are service providers, as opposed to Transactions Identified in the Voluntary conditioned on the cooperation of an plan officials, should be permitted to Fiduciary Correction to the Office of employer or other person that is take advantage of the VFC Program as Management and Budget (OMB) for unrelated to the applicant, particularly often as necessary without regard to the review and clearance at the time the since the underlying prohibited three year rule. Notice of the Proposed Class Exemption transaction will have been corrected The commenter stated that subjecting was published in the Federal Register pursuant to the VFC Program. The service providers to the three year rule (March 28, 2002, 67 FR 15083). OMB commenter proposed that, in the case of would not, in all cases, further the rule’s approved the Notice under OMB control an applicant unrelated to the employer purpose of ensuring that relief is not number 1210–0118. The approval will whose employees are covered by the provided to fiduciaries who repeatedly expire on November 30, 2003. plan, the exemption permit notice to be make the same legal mistake. In contrast The Department solicited comments provided to the employer or other plan to plan sponsors, for example, service concerning the ICR in connection with fiduciary unrelated to the applicant who providers such as broker-dealers, banks the Notice of Proposed Class Exemption. was not involved in the transaction that and insurance companies may engage in The Department received no comments is the subject of the VFC Program numerous transactions with plans each addressing its burden estimates and no application, rather than each participant day which could be prohibited except substantive changes have been made in and beneficiary. The commenter noted for the availability of a statutory or the final exemption that would affect that the unrelated fiduciary could then administrative exemption. The the Department’s earlier burden determine whether plan participants commenter noted that, if the plan estimates. and beneficiaries should be notified of fiduciary directing the transaction is Agency: Pension and Welfare Benefits the underlying transaction and its relying on an exemption to deal with a Administration, Department of Labor. correction under the VFC Program. party in interest, and that fiduciary is Title: Voluntary Fiduciary Correction The other commenter stated generally factually incorrect on an element of the Program. that the notice requirement was exemption, the broker-dealer may

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engage in many transactions that would qualified to do business in a State, or Description of the Exemption need relief under this exemption. any affiliate thereof; 1. Scope As an example, the commenter • The applicant was a party in The exemption provides relief from explained that a service provider could interest (including a fiduciary) solely by enter into a transaction that otherwise the sanctions imposed under section reason of providing services to the plan 4975(a) and (b) of the Code, by reason would be prohibited based on a or solely by reason of a relationship to fiduciary’s representation that the of section 4975(c)(1)(A) through (E) of such service provider described in the Code, for certain eligible QPAM class exemption (PTE 84–14) (49 section 3(14)(F), (G), (H) or (I) (and/or FR 9494, March 13, 1984) applied. The transactions identified in the VFC the corresponding provisions of section QPAM class exemption requires, among Program. The exemption does not 4975 of the Code); other things, that neither the QPAM, an provide relief for any transactions affiliate, nor any owner of a 5% or more • Neither the applicant nor any identified in the VFC Program that are interest in the QPAM, have been affiliate (i) was a fiduciary (within the not specifically described as eligible convicted or released from meaning of section 3(21)(A) of ERISA) transactions under Section I of the imprisonment as a result of certain with respect to the assets of the plan exemption. crimes within the ten years immediately involved in the transaction, and (ii) The four eligible transactions preceding the transaction. Information used its discretion to cause the plan to described in the exemption are as regarding past crimes of affiliates and engage in the transaction; follows: (A) The failure to transmit participant 5% owners of the QPAM is not likely to • The individuals acting on behalf of contributions to a pension plan within be within the knowledge of the service the applicant in connection with the provider, and the service provider must the time frames described in the transaction had no actual knowledge or Department’s regulations at 29 CFR rely on the QPAM for assurance that the reason to know that the transaction was condition is satisfied. section 2510.3–102 and/or the failure to not exempt pursuant to a statutory or transmit participant loan repayments to The commenter suggested that administrative exemption under ERISA a pension plan within a reasonable time Section II.F. be modified to provide an and/or the Code; and after withholding or receipt by the exception from the three year rule for • employer. applicants that are banks, broker-dealers Prior to the transaction, the (B) The making of a loan by a plan at or insurance companies (or affiliates applicant established written policies a fair market interest rate to a party in thereof) which did not exercise and procedures that were reasonably designed to ensure compliance with the interest with respect to the plan. discretionary authority or control to (C) The purchase or sale of an asset cause the plan to enter into the prohibited transaction rules and the applicant engaged in periodic (including real property) between a plan transaction. The commenter proposed and a party in interest at fair market monitoring for compliance. that the exception be limited to value. applicants that were parties in interest 3. Participant Loan Repayments (D) The sale of real property to a plan (including fiduciaries) solely by reason by the employer and the leaseback of of providing services to the plan (or The Department has made one such property to the employer, at fair solely by reason of a relationship to additional modification to the final market value and fair market rental such service provider described in exemption. As discussed more fully value, respectively. section 3(14)(F), (G), (H), or (I) and the below, the exemption provides relief for The eligible transactions may be corresponding provisions of the Code), certain transactions described in the illustrated by the following examples: and that ‘‘did not believe that an VFC Program, including the failure to Example (1): Corporation A sponsors a exemption was unavailable’’ with transmit participant contributions to a pension plan for its employees. Corporation respect to the transaction. The pension plan within the time frames A borrowed $100,000 from the plan. The loan commenter suggested that the applicant described in the Department’s was made at an interest rate no less than that must have established written policies regulations at 29 CFR 2510.3–102. available for a loan with similar terms (for and procedures reasonably designed to Subsequent to the publication of the example, the amount of the loan, amount and type of security, repayment schedule, ensure compliance with the prohibited final VFC Program, the Department transaction rules, and have engaged in and duration of loan) obtainable in an arm’s- issued guidance stating that applicants length transaction between unrelated parties. periodic monitoring for compliance, at may correct the failure to forward Example (2): Corporation B sponsors a the time of the transaction. participant loan repayments to a plan in pension plan for its employees. The plan sold The Department agrees that, in the a timely fashion under the VFC Program a parcel of real property to Corporation B. narrow circumstances described above, in the same manner.2 Accordingly, the The price Corporation B paid to the plan was the fair market value of the property as such service providers should not be Department revised the language of excluded from obtaining relief under the determined by a qualified independent Section I.A. of the exemption to exemption by the three year rule. appraiser as of the date of the transaction and explicitly cover the failure to transmit Accordingly, the Department has reflected in a qualified appraisal report. (If participant loan repayments to a there is a generally recognized market for the modified Section II.F. to clarify that the pension plan within a reasonable time property, such as the New York Stock exemption will continue to be available after withholding or receipt by the Exchange, the fair market value of the notwithstanding the applicant’s employer. property is the value objectively determined inability to satisfy the three year rule, by reference to the price on such market on provided that: the date of the transaction, and a • 2 See Frequently Asked Questions on the VFC determination by a qualified independent The applicant was a broker-dealer Program, at http://www.dol.gov/pwba/faqs/ registered under the Securities _ appraiser is not required.) faq vfcp2.html. For the Department’s views on the Example (3): Corporation C sponsors a Exchange Act of 1934, a bank time frames for repayment of participant loans to pension plan for its employees. Corporation supervised by the United States or a pension plans, see the preamble to the final participant contribution regulation, 29 CFR section C sold a parcel of real property to the plan State thereof, a broker-dealer or bank 2510.3–102, published at 61 FR 41220, 41226 which was simultaneously leased back to subject to foreign government (August 7, 1996). See also DOL Advisory Opinion Corporation C. The price paid by the plan for regulation, an insurance company No. 2002–02A (May 17, 2002). the property was its fair market value, and

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the rent paid by Corporation C to the plan is appraisal report signed by the appraiser. ERISA and/or the Code; and, prior to the the fair market rental value, as determined by For purposes of these requirements transaction, it established written a qualified independent appraiser and under the VFC Program, an appraiser is policies and procedures that were reflected in a qualified appraisal report. The considered qualified if the appraiser has reasonably designed to ensure terms of the lease (for example, rent, duration and allocation of expenses) are not less met the education, experience and compliance with the prohibited favorable to the plan than those obtainable in licensing requirements that are transaction rules and it engaged in an arm’s-length transaction between generally recognized for appraisal of the periodic monitoring for compliance. unrelated parties. type of asset being appraised. An 3. Compliance with VFC Program appraiser is ‘‘independent’’ if the 2. General Conditions appraiser is not one of the following, In addition to compliance with the Section II of the exemption contains does not own or control any of the general conditions set forth above, general conditions, as discussed below, following, and is not owned or Section III of the exemption requires which the Department views as controlled by, or affiliated with, any of that the applicant meet the requirements necessary to ensure that any transaction the following: (i) The prior owner of the set forth in the VFC Program that are covered by the exemption would be in asset, if the asset was purchased by the applicable to the particular transaction. the interests of plan participants and plan; (ii) the purchaser of the asset, if The exemption also requires that the beneficiaries, and to support a finding the asset was or is now being sold by the applicant have received a no action that the exemption met the statutory plan; (iii) any other owner of the asset, letter issued by PWBA with respect to requirements of section 4975(c)(2) of the if the plan is not the sole owner; (iv) a such transaction, which must be an Code. fiduciary of the plan; (v) a party in eligible transaction otherwise described With respect to a transaction interest with respect to the plan (except in Section I of the exemption. However, involving delinquent transmittal of to the extent the appraiser becomes a the fact that an applicant receives a no participant contributions and/or party in interest when retained to action letter issued by PWBA should not participant loan repayments to a perform this appraisal for the plan); or be viewed as a determination by PWBA pension plan, the exemption requires (vi) the VFC Program applicant. that the applicant has satisfied all of the that the contributions or repayments be Fourth, under the exemption, the conditions of the exemption. Each transmitted to the pension plan not terms of a transaction described in applicant must determine whether the more than 180 calendar days from the Sections I.B., I.C., or I.D., must have pertinent conditions of the exemption date the amounts were received by the been at least as favorable to the plan as have been met. employer (in the case of amounts that a the terms generally available in arm’s- 4. Notice participant or beneficiary pays to an length transactions between unrelated employer) or the date the amount parties. Notice under the exemption must be otherwise would have been payable to Fifth, with respect to all of the eligible given to interested persons within 60 the participant in cash (in the case of transactions, the transaction may not calendar days following the date of the amounts withheld by an employer from have been part of an agreement, submission of an application under the a participant’s wages). arrangement or understanding designed VFC Program to the Department. Plan Second, the exemption requires that, to benefit a party in interest. The assets may not be used to pay for the with respect to the transactions Department notes that the intent of this notice. The exemption does not specify described in Sections I.B., I.C. and I.D., condition is not to deny a direct benefit the format or specific content of the the amount of plan assets involved in to the party in interest but, rather, to notice. However, the notice must the transaction did not exceed 10 exclude relief for transactions that are include an objective description of the percent of the fair market value of all part of a broader overall agreement, transaction and the steps taken to the assets of the plan at the time of the arrangement or understanding designed correct it, written in a manner transaction. For purposes of this to benefit parties in interest. reasonably calculated to be understood requirement, the 10 percent limitation Sixth, with respect to all of the by the average plan participant or would apply after aggregating the value eligible transactions, the applicant may beneficiary. The notice also must of a series of related transactions. not have taken advantage of the relief provide for a period of 30 calendar days, Third, under the exemption, the fair provided by the VFC Program and the beginning on the date the notice is market value of any plan asset involved exemption for a similar type of distributed, for interested persons to in a transaction described in Sections transaction identified in the application provide comments to the appropriate I.C. or I.D. must have been determined during the three-year period prior to the Regional Office of the United States in accordance with section 5 of the VFC submission of the application. As Department of Labor, Pension and Program. Section 5 of the VFC Program modified, however, the final exemption Welfare Benefits Administration. The requires that the valuation meet the contains a limited exception from this notice must include the address and following conditions: (1) If there is a condition for service providers. telephone number of such Regional generally recognized market for the Pursuant to the amended Section II.F., Office. property (e.g., the New York Stock a broker-dealer, bank or insurance A copy of the notice to interested Exchange), the fair market value of the company that is a service provider to a persons, along with an indication of the asset is the average value of the asset on plan would not be subject to this date on which it was distributed, must such market on the applicable date, condition if it engaged in a prohibited be provided to the appropriate Regional unless the plan document specifies transaction described in Section I, Office within the same 60-day period another objectively determined value provided that: it was not a fiduciary that following the date of the submission of (e.g., the closing price); and (2) if there used its discretion to cause the plan to the application. Accordingly, applicants is no generally recognized market for engage in the transaction; individuals under the VFC Program who intend to the asset, the fair market value of that acting on its behalf in connection with take advantage of the relief provided asset must be determined in accordance the transaction had no actual knowledge under this exemption would indicate on with generally accepted appraisal or reason to know that the transaction the checklist submitted as part of the standards by a qualified independent was not exempt pursuant to a statutory VFC Program application that they will, appraiser and reflected in a written or administrative exemption under within 60 calendar days following the

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date of the submission of the 4975(c)(2) of the Code, and in in accordance with section 5 of the VFC application, provide the Department’s accordance with the procedures set Program. Regional Office with a copy of the forth in 29 CFR part 2570, subpart B (55 D. The terms of a transaction notice to interested persons. FR 32836, 32847, August 10, 1990). described in Sections I.B., I.C., or I.D. Notice may be given in any manner were at least as favorable to the plan as Section I: Eligible Transactions that is reasonably calculated, taking into the terms generally available in arm’s- consideration the particular The sanctions resulting from the length transactions between unrelated circumstances of the plan, to result in application of section 4975(a) and (b) of parties. the receipt of such notice by interested the Code, by reason of section E. With respect to any transaction persons, including but not limited to 4975(c)(1)(A) through (E) of the Code, described in Section I, the transaction posting, regular mail, or electronic mail, shall not apply to the following eligible was not part of an agreement, or any combination thereof. transactions described in section 7 of arrangement or understanding designed the Voluntary Fiduciary Correction General Information to benefit a party in interest. (VFC) Program (67 FR 15061, March 28, F. (1) With respect to any transaction The attention of interested persons is 2002), provided that the applicable described in Section I, the applicant has directed to the following: conditions set forth in Sections II, III not taken advantage of the relief (1) The fact that a transaction is the and IV are met: provided by the VFC Program and this subject of an exemption under section A. Failure to transmit participant exemption for a similar type of 4975(c)(2) of the Code does not relieve contributions to a pension plan within transaction(s) identified in the current a fiduciary or other party in interest or the time frames described in the application during the period which is disqualified person with respect to a Department’s regulation at 29 CFR three years prior to submission of the plan from certain other provisions of section 2510.3–102, (see VFC Program, current application. ERISA and the Code, including any section 7.A.1.), and/or the failure to (2) Notwithstanding the foregoing, prohibited transaction provisions to transmit participant loan repayments to Section II.F.(1) shall not apply to an which the exemption does not apply, a pension plan within a reasonable time applicant provided that: the requirement that all assets of an after withholding or receipt by the (a) The applicant was a broker-dealer employee benefit plan be held in trust employer. registered under the Securities by one or more trustees, and the general B. Loan at a fair market interest rate Exchange Act of 1934, a bank fiduciary responsibility provisions of to a party in interest with respect to a supervised by the United States or a ERISA which require, among other plan. (See VFC Program, section 7.B.1.). State thereof, a broker-dealer or bank things, that a fiduciary discharge his or C. Purchase or sale of an asset subject to foreign government her duties respecting the plan solely in (including real property) between a plan regulation, an insurance company the interests of the participants and and a party in interest at fair market qualified to do business in a State, or an beneficiaries of the plan and in a value. (See VFC Program, sections 7.C.1. affiliate thereof; prudent fashion; nor does it affect the and 7.C.2.). (b) The applicant was a party in requirement of section 401(a) of the D. Sale of real property to a plan by interest (including a fiduciary) solely by Code that the plan must operate for the the employer and the leaseback of the reason of providing services to the plan exclusive benefit of the employees of property to the employer, at fair market or solely by reason of a relationship to the employer maintaining the plan and value and fair market rental value, such service provider described in their beneficiaries. respectively. (See VFC Program, section (2) The exemption does not extend to 7.C.3.). section 3(14)(F), (G), (H) or (I) (and/or the corresponding provisions of section transactions prohibited under section Section II: Conditions 4975(c)(1)(F) of the Code. 4975 of the Code); (3) In accordance with section A. With respect to a transaction (c) Neither the applicant nor any 4975(c)(2) of the Code, the Department involving participant contributions or affiliate (i) was a fiduciary (within the finds that the exemption is loan repayments to pension plans meaning of section 3(21)(A) of ERISA) administratively feasible, in the described in Section I.A., the with respect to the assets of the plan interests of plans and their participants contributions or repayments were involved in the transaction and (ii) used and beneficiaries, and protective of the transmitted to the pension plan not its discretion to cause the plan to engage rights of participants and beneficiaries more than 180 calendar days from the in the transaction; of such plans. date the amounts were received by the (d) Individuals acting on behalf of the (4) The exemption is supplemental to, employer (in the case of amounts that a applicant had no actual knowledge or and not in derogation of other participant or beneficiary pays to an reason to know that the transaction was provisions of ERISA and the Code, employer) or the date the amounts not exempt pursuant to a statutory or including statutory or administrative otherwise would have been payable to administrative exemption under ERISA exemptions and transitional rules. the participant in cash (in the case of and/or the Code; and Furthermore, the fact that a transaction amounts withheld by an employer from (e) Prior to the transaction, the is subject to an administrative or a participant’s wages). applicant established written policies statutory exemption is not dispositive of B. With respect to the transactions and procedures that were reasonably whether the transaction is in fact a described in Sections I.B., I.C., or I.D., designed to ensure compliance with the prohibited transaction. the plan assets involved in the prohibited transaction rules and the (5) The exemption is applicable to a transaction, or series of related applicant engaged in periodic transaction only if the conditions transactions, did not, in the aggregate, monitoring for compliance. exceed 10 percent of the fair market specified in the class exemption are Section III: Compliance with VFC value of all the assets of the plan at the satisfied. Program time of the transaction. Exemption C. The fair market value of any plan A. The applicant has met all of the Accordingly, the following exemption asset involved in a transaction described applicable requirements of the VFC is granted under the authority of section in Sections I.C. or I.D. was determined Program.

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B. PWBA has issued a no action letter fewer than three Members of its Dated in Washington, DC, November 19, to the applicant pursuant to the VFC statutorily prescribed full complement 2002. Program with respect to a transaction of five Members. The Board recognizes Lester A. Heltzer, described in Section I. that it has a continuing responsibility to Acting Executive Secretary, National Labor fulfill its statutory obligations in the Relations Board. Section IV: Notice most effective and efficient manner [FR Doc. 02–29917 Filed 11–22–02; 8:45 am] A. Written notice of the transaction(s) possible. To assure that the Agency will BILLING CODE 7545–01–P for which the applicant is seeking relief be able to meet its obligations, the Board pursuant to the VFC Program and this has decided to temporarily delegate to exemption, and the method of the General Counsel full authority to NATIONAL SCIENCE FOUNDATION correcting the transaction, was provided certify the results of any secret ballot to interested persons within 60 calendar election conducted under the National Notice of Permits Issued Under the days following the date of the Emergency provisions of the Labor Antarctic Conservation Act of 1978 submission of an application under the Management Relations Act, sections VFC Program. A copy of the notice was 206–210, 29 U.S.C. 176–180.1 This AGENCY: National Science Foundation. provided to the appropriate Regional delegation shall be effective during any ACTION: Notice of permits issued under Office of the United States Department time when the Board has fewer than the Antarctic Conservation of 1978, of Labor, Pension and Welfare Benefits three Members and is made under the Public Law 95–541. Administration within the same 60-day authority granted to the Board under period, and the applicant indicated the sections 3, 4, 6, and 10 of the National SUMMARY: The National Science date upon which notice was distributed Labor Relations Act. Foundation (NSF) is required to publish to interested persons. Plan assets were Accordingly, the Board delegates to notice of permits issued under the not used to pay for the notice. The the General Counsel full and final Antarctic Conservation Act of 1978. notice included an objective description authority and responsibility on behalf of This is the required notice. of the transaction and the steps taken to the Board to certify to the Attorney FOR FURTHER INFORMATION CONTACT: correct it, written in a manner General the results of any secret ballot Nadene G. Kennedy, Permit Office, reasonably calculated to be understood elections held among employees on the Office of Polar Programs, Rm. 755, by the average plan participant or question of whether they wish to accept National Science Foundation, 4201 beneficiary. The notice provided for a the final offer of settlement made by Wilson Boulevard, Arlington, VA 22230. period of 30 calendar days, beginning their employer pursuant to section SUPPLEMENTARY INFORMATION: On on the date the notice was distributed, 209(b) of the Labor Management October 11, 2002, the National Science for interested persons to provide Relations Act, 29 U.S.C. 179(b). This Foundation published a notice in the comments to the appropriate Regional delegation shall cease to be effective Federal Register of a permit Office. The notice included the address whenever the Board has at least three applications received. Permits were and telephone number of such Regional Members. issued on November 19, 2002 to: Arthur Office. This delegation relates to the internal L. DeVries, Permit No. 2003–013; Joan B. Notice was given in a manner that management of the National Labor Myers, Permit No. 2003–2003–015. was reasonably calculated, taking into Relations Board and is therefore, consideration the particular pursuant to 5 U.S.C. 553, exempt from Nadene G. Kennedy, circumstances of the plan, to result in the notice and comment requirements of Permit Officer. the receipt of such notice by interested the Administrative Procedure Act. [FR Doc. 02–29875 Filed 11–22–02; 8:45 am] persons, including but not limited to Further, public notice and comment is BILLING CODE 7555–01–M posting, regular mail, or electronic mail, impractical because of the immediate or any combination thereof. The notice need for Board action. The public informed interested persons of the interest requires that this delegation NUCLEAR REGULATORY applicant’s participation in the VFC take effect immediately. COMMISSION Program and intention of availing itself All existing delegations of authority to of relief under the exemption. the General Counsel and to staff in effect Notice of Issuance of Director’s Signed at Washington, DC, this 11th day of prior to the date of this order remain in Decision Under 10 CFR 2.206 November, 2002. full force and effect, including the Notice is hereby given that the Ivan L. Strasfeld, December 14, 2001, delegation regarding court litigation authority and the April Director, Office of Nuclear Reactor Director of Exemption Determinations, Regulation, has issued a Director’s Pension and Welfare Benefits Administration, 1, 1955, delegation by the Board to the U.S. Department of Labor. General Counsel of the authority and Decision with regard to a petition dated March 11, 2002, and supplements dated [FR Doc. 02–29799 Filed 11–22–02; 8:45 am] responsibility to conduct secret ballots pursuant to section 209(b) of the Labor March 21, 22, and 27, 2002 (the BILLING CODE 4510–29–P Management Relations Act, 29 U.S.C. Petition), submitted by Mr. David A. 179(b). For the reasons stated above, the Lochbaum, a Nuclear Safety Engineer in Board finds good cause to make this the Washington, DC Office of the Union NATIONAL LABOR RELATIONS order effective immediately in of Concerned Scientists (UCS), and the BOARD accordance with 5 U.S.C. 553(d). co-petitioners identified in the petition Order Delegating Authority to the By direction of the Board. supplements dated March 21 and March General Counsel; Before Members 22, 2002 (the Petitioners). The Wilma B. Liebman, William B. Cowen, 1 On December 14, 2001, the Board previously Petitioners have requested that the U.S. and Michael J. Bartlett delegated to the General Counsel, on the same basis, Nuclear Regulatory Commission (NRC full authority on all court litigation matters that or the Commission) take action with November 19, 2002. would otherwise require Board authorization, effective during any time when the Board has fewer regard to the nuclear power facilities The Board is faced with the prospect than three Members. See 66 FR 65998 (December listed in Attachment 1 to the Petition that it may for a temporary period have 21, 2001). (multiple nuclear power facilities). The

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Petitioners request that the NRC By letter dated May 8, 2002, the NRC accessing documents located in ADAMS immediately issue Orders to the owners staff acknowledged receiving the should contact the NRC PDR reference of all operating nuclear power plants to Petition, informed the Petitioners that staff by telephone at 1–800–397–4209 or take measures that will reduce the risk the Petition met the requirements for 301–415–4737, or by email to from sabotage of irradiated fuel. review under 10 CFR 2.206, and the [email protected]. Specifically, those measures are: Petition had been referred to the A copy of the Director’s Decision will (1) The NRC should ‘‘impose a 72- Director of NRR for action and would be be filed with the Secretary of the hour limit for operation when the acted upon within a reasonable time. Commission for the Commission’s number of operable onsite alternating The petitioners were also informed in review in accordance with 10 CFR 2.206 current power sources (i.e., emergency that letter that the NRC staff declined to of the Commission’s regulations. As diesel generators) is one less than the grant the Petitioners’ request for provided for by this regulation, the number in the Technical Specification immediate action. Director’s Decision will constitute the limiting condition for operation. This The NRC sent a copy of the proposed final action of the Commission 25 days 72-hour limit would be applicable when Director’s Decision to the Petitioners for after the date of the decision, unless the the nuclear plant is in any mode of comment by letter dated September 4, Commission, on its own motion, operation other than hot shutdown, cold 2002. The Petitioners responded with institutes a review of the Director’s shutdown, refueling, or defueled.’’ comments by letter dated September 23, Decision in that time. Oconee Nuclear Station does not rely on 2002. The Petitioners’ comments and the NRC staff responses to the Dated at Rockville, Maryland, this 15th day emergency diesel generators, but of November, 2002. ‘‘equivalent protection for its emergency comments are addressed in Enclosure No. 2 and No. 3 to the November 15, For the U.S. Nuclear Regulatory power supply’’ should be provided. The Commission. NRC should also ‘‘cease and desist 2002, letter to Mr. David A. Lochbaum, Samuel J. Collins, issuing NOEDs [Notices of Enforcement Union of Concerned Scientists. Discretion] that allow nuclear reactors The Director, NRR, concluded that the Director, Office of Nuclear Reactor Regulation. to operate for longer periods of time information contained in the Petition with broken emergency diesel does not warrant NRC staff action to: [FR Doc. 02–29873 Filed 11–21–02; 8:45 am] generators.’’ This requested action ‘‘Impose a 72-hour limit for operation BILLING CODE 7590–01–P when the number of operable onsite would apply to the facilities listed in alternating current power sources (i.e., Attachment 1 to the Petition. emergency diesel generators) is one less (2) The NRC should ‘‘impose a than the number in the Technical OFFICE OF PERSONNEL minimum 24-hour time-to-boil for the Specification limiting condition for MANAGEMENT spent fuel pool water. This limit would operation’’ during plant operation. In be applicable at all times.’’ This addition, the Director, NRR, concluded Excepted Service requested action would apply to the that the information contained in the facilities listed in Attachment 1 to the Petition does not warrant NRC staff AGENCY: Office of Personnel Petition. action to ‘‘cease and desist issuing Management. The Petition also requested that the NOEDs that allow nuclear reactors to ACTION: Notice. NRC hold a public meeting to precede operate for longer periods of time with ‘‘the Petition Review Board (PRB) non- broken emergency diesel generators.’’ SUMMARY: This gives notice of OPM public meeting regarding this petition’’ These requests are denied. decisions, granting authority to make and assign ‘‘someone other than the With regard to the Petitioners’ second appointments under Schedule C in the Director of NRR [Office of Nuclear request, that the NRC ‘‘impose a excepted service as required by 5 CFR Reactor Regulation] to be responsible for minimum 24-hour time-to-boil for the 6.1 and 213.103. our petition. The Deputy Executive spent fuel pool water. This limit would Director for Reactor Programs or the be applicable at all times,’’ the Director, FOR FURTHER INFORMATION CONTACT: Pam Deputy Director of NRR would be NRR, has concluded that this request is Shivery, Director, Washington Service acceptable to UCS.’’ partially granted by staff actions already Center, Employment Service (202) 606– As the basis for the Petition, the taken. However, for the reasons 1015. Petitioners cite the need to reduce the discussed in the Director’s Decision, the SUPPLEMENTARY INFORMATION: Appearing risk from sabotage of irradiated fuel. NRC staff concludes that the actions in the listing below are the individual On March 26, 2002, in lieu of a public specifically requested by the Petitioners authorities established under Schedule meeting, the Petitioners accepted and are not necessary. The reasons for these C between between October 01, 2002 participated in a telephone conference decisions are explained in the Director’s and October 31, 2002. Future notices (teleconference) with the NRC’s PRB to Decision pursuant to 10 CFR 2.206 (DD– will be published on the fourth Tuesday discuss the Petition. The transcript of 02–07), the complete text of which is of each month, or as soon as possible the teleconference was considered as a available in the Agencywide Documents thereafter. A consolidated listing of all supplement to the Petition. After the Access and Management System authorities as of June 30 is published teleconference, the PRB discussed the (ADAMS) for inspection in the each year. Petition. The PRB considered the Commission’s Public Document Room contributions of the Petitioners to the (PDR) located at One White Flint North, Schedule C teleconference in deciding on the 11555 Rockville Pike (first floor), Broadcasting Board of Governors requests for immediate action and in Rockville, Maryland, and electronically setting the schedule for the review of accessible in ADAMS through the NRC Special Assistant to the Director, the Petition. The PRB concluded that Public Electronic Reading Room at International Broadcasting Bureau. the Petition satisfied the criteria for http://www.nrc.gov/reading-rm.html Effective October 11, 2002. review under title 10 of the Code of (ADAMS Accession No. ML022800647). Special Assistant to the Director, Federal Regulations (10 CFR) Persons who do not have access to International Broadcasting Bureau of Subsection 2.206. ADAMS or who encounter problems in America. Effective October 23, 2002.

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Consumer Product Safety Commission Special Assistant to the Chief Hemisphere Affairs. Effective October Director, Office of Congressional Financial Officer. Effective October 23, 11, 2002. Relations to the Chairman. Effective 2002. Public Affairs Specialist to the October 4, 2002. Special Assistant to the Assistant Assistant Secretary for Public Affairs. Secretary for Special Education and Executive Assistant to the Chairman. Effective October 11, 2002. Rehabilitative Services. Effective Effective October 31, 2002. Senior Advisor to the Assistant October 28, 2002. Secretary, Western Hemisphere Affairs. Department of Agriculture Confidential Assistant to the Special Effective October 11, 2002. Assistant. Effective October 28, 2002. Special Assistant to the Public Affairs Specialist to the Administrator, Risk Management Department of Energy Assistant Secretary for Public Affairs. Agency. Effective October 18, 2002. Special Assistant to the Director, Effective October 21, 2002. Confidential Assistant to the Office of Economic Impact Diversity. Staff Assistant to the Deputy Assistant Administrator, Agricultural Marketing Effective October 1, 2002. Secretary, Bureau of European and Service. Effective October 24, 2002. Eurasian Affairs. Effective October 21, Department of Health and Human Department of Commerce 2002. Services Confidential Assistant to the Under Department of Transportation Special Assistant to the Secretary for Intellectual Property and Commissioner, Food and Drug Chief of Staff to the Federal Aviation Director of the U.S. Patent and Administration. Effective October 31, Administrator. Effective October 18, Trademark Office. Effective October 2, 2002. 2002. 2002. Congressional Liaison Specialist to Associate Director to the Assistant Senior Advisor to the Under Secretary the Deputy Assistant Secretary for for Export Administration. Effective Secretary for Governmental Affairs. Legislation (Congressional Liaison). Effective October 21, 2002. October 4, 2002. Effective October 31, 2002. Special Assistant to the Assistant Deputy Assistant Secretary to the Secretary for Communications and Department of Housing and Urban Assistant Secretary for Aviation and Information, National Development International Affairs. Effective October 21, 2002. Telecommunications and Information Deputy Assistant Secretary for Administration. Effective October 9, Congressional Relations to the Assistant Special Assistant to the Director of 2002. Secretary for Congressional and Scheduling and Advance. Effective Senior Policy Advisor to the Assistant Intergovernmental Relations. Effective October 30, 2002. to the Secretary and Director, Office of October 3, 2002. Department of the Treasury Policy and Planning. Effective October Special Assistant to the Assistant 9, 2002. Secretary for Congressional and Special Assistant to the Chief of Staff. Special Assistant to the Director, Intergovernmental Relations. Effective Effective October 8, 2002. Advocacy Center. Effective October 17, October 3, 2002. Director of Legislative and 2002. Deputy Assistant Secretary for Intergovernmental Affairs to the Director of Intergovernmental Affairs Legislation Affairs to the Assistant Director of the U.S. Mint. Effective to the Assistant Secretary for Legislative Secretary for Congressional and October 17, 2002. and Intergovernmental Affairs. Effective Intergovernmental Relations. Effective Special Assistant to the Deputy October 22, 2002. October 4, 2002. Assistant Secretary for Management and Department of Defense Special Counsel to the General Budget. Effective October 28, 2002. Counsel. Effective October 31, 2002. Special Assistant to the Principal Deputy Assistant Secretary (Policy Deputy Under Secretary of Defense Department of Justice Coordination) to the Assistant Secretary (Comptroller), Deputy Under Secretary for Economic Policy. Effective October Special Assistant to the Assistant 31, 2002. of Defense (Management Reform). Attorney General, Civil Rights Division. Effective October 10, 2002. Effective October 11, 2002. Department of Veterans Affairs Defense Fellow to the Special Assistant Secretary of Defense (White Department of Labor Special Assistant to the Assistant Secretary for Public and House Liaison). Effective October 30, Special Assistant to the Assistant Intergovernmental Affairs. Effective 2002. Secretary for Disability Employment. October 28, 2002. Department of Education Effective October 2, 2002. Special Assistant to the Director, 21st Environmental Protection Agency Special Assistant to the Senior Century Workforce. Effective October Advisor to the Secretary. Effective 16, 2002. Senior Advisor to the Assistant October 2, 2002. Special Assistant to the Administrator Administrator, Office of Solid Waste Special Assistant to the Director, for Employment Standards. Effective and Emergency Response. Effective Faith-Based and Community Initiative October 16, 2002. October 25, 2002. Center. Effective October 3, 2002. Congressional Liaison Specialist to Special Assistant to the Director, Department of the Navy (DOD) the Associate Administrator for White House Initiative on Tribal Confidential Assistant to the Assistant Congressional and Intergovernmental Colleges and Universities. Effective Secretary of the Navy (Installations and Relations. Effective October 28, 2002. October 15, 2002. Environment). Effective October 4, 2002. Federal Maritime Commission Deputy Assistant Secretary for Policy to the Assistant Secretary for Department of State Counsel to the Commissioner to the Elementary and Secondary Education. Public Affairs Specialist to the Commissioner. Effective October 28, Effective October 22, 2002. Assistant Secretary for Western 2002.

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General Services Administration Office of Personnel Management. (‘‘Act’’),1 and rule 19b-42 thereunder, Senior Advisor to the Regional Kay Coles James, notice is hereby given that on November Administrator, National Capital Director. 8, 2002, the Philadelphia Stock Regional. Effective October 4, 2002. [FR Doc. 02–29849 Filed 11–22–02; 8:45 am] Exchange, Inc. (‘‘Exchange’’ or ‘‘Phlx’’) BILLING CODE 6325–38–P submitted to the Securities and National Mediation Board Exchange Commission (‘‘Commission’’) Confidential Assistant to the the proposed rule change as described Chairman/Board Member. Effective in items I, II, and III below, which items October 25, 2002. SECURITIES AND EXCHANGE have been prepared by the Phlx. The COMMISSION Commission is publishing this notice to Occupational Safety and Health Review solicit comments on the proposed rule Commission Sunshine Act Meeting change from interested persons. Confidential Assistant to the Member FEDERAL REGISTER CITATION OF PREVIOUS I. Self-Regulatory Organization’s (Commissioner), Occupational Safety ANNOUNCEMENT: [67 FR 69577, Statement of the Terms of Substance of and Health Review Commission. November 18, 2002]. the Proposed Rule Change Effective October 28, 2002. Counsel to the Member STATUS: Closed Meeting. The Phlx proposes to set forth the (Commissioner). Effective October 28, PLACE: 450 Fifth Street, NW., date of deployment of its system 3 2002. Washington, DC. designed to enable Registered Options Traders (‘‘ROTs’’) to place limit orders Office of Management and Budget DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: Wednesday, November 20, directly onto the limit order book Confidential Assistant to the 2002, at 10 a.m. through electronic interface with Associate Director for Administration. AUTOM.4 CHANGE IN THE MEETING: Effective October 31, 2002. Time Change/ Additional Item. II. Self-Regulatory Organization’s Office of Science and Technology Policy The Closed Meeting scheduled for Statement of the Purpose of, and Confidential Assistant to the Wednesday, November 20, 2002 at 10 Statutory Basis for, the Proposed Rule Associate Director for Science. Effective a.m. was changed to Wednesday, Change October 3, 2002. November 20, 2002 at 10:45 a.m. In its filing with the Commission, the The following item was added to the Phlx included statements concerning Office of the United States Trade Closed Meeting scheduled for the purpose of and basis for the Representative Wednesday, November 20, 2002: amicus proposed rule change and discussed any Confidential Assistant to the Deputy, consideration. comments it received on the proposed United States Trade Representative. Commissioner Campos, as duty rule change. The text of these statements Effective October 7, 2002. officer, determined that Commission may be examined at the places specified Confidential Assistant to the Chief of business required the above change and in item IV below. The Exchange has Staff. Effective October 17, 2002. that no earlier notice thereof was prepared summaries, set forth in Overseas Private Investment possible. sections A, B, and C below, of the most Corporation At times, changes in Commission significant aspects of such statements. priorities require alterations in the Investment Development Associate to scheduling of meeting items. For further A. Self-Regulatory Organization’s the Vice President for Investment information and to ascertain what, if Statement of the Purpose of, and Development and Economic Growth. any, matters have been added, deleted Statutory Basis for, the Proposed Rule Effective October 24, 2002. or postponed, please contact: Change President’s Commission on White House The Office of the Secretary at (202) 1. Purpose Fellowships 942–7070. The purpose of the proposed rule Public Relations Coordinator to the Dated: November 20, 2002. change is to state that the Exchange will Associate Director, President’s Jonathan G. Katz, deploy its system to enable Registered Commission on White House Secretary. Options Traders (‘‘ROTs’’) and Fellowships. Effective October 11, 2002. [FR Doc. 02–30033 Filed 11–21–02; 8:45 am] specialists on the Exchange’s options BILLING CODE 8010–01–M floor to place limit orders directly onto Securities and Exchange Commission the limit order book through electronic Confidential Assistant to the General Counsel. Effective October 1, 2002. SECURITIES AND EXCHANGE 1 15 U.S.C. 78s(b)(1). Senior Advisor to the Chairman. COMMISSION 2 17 CFR 240.19b–4. Effective October 11, 2002. 3 See Securities Exchange Act Release No. 46763 [Release No. 34–46844; File No. SR– (November 1, 2002), 67 FR 68898 (November 13, Small Business Administration 2002) (Order approving SR–Phlx–2002–04). Phlx–2002–74] 4 AUTOM is the Exchange’s electronic order Senior Advisor to the Assistant delivery, routing, execution and reporting system, Administrator for Congressional Affairs. Self-Regulatory Organizations; Notice which provides for the automatic entry and routing Effective October 11, 2002. of Filing and Immediate Effectiveness of equity option and index option orders to the of Proposed Rule Change by the Exchange trading floor. Orders delivered through Social Security Administration AUTOM may be executed manually, or certain Philadelphia Stock Exchange, Inc. orders are eligible for AUTOM’s automatic Special Assistant to the Deputy Relating to the Date for Deployment of execution feature, AUTO–X. Equity option and Commissioner for Disability and Income the ROT Access System index option specialists are required by the Security Programs. Effective October 11, Exchange to participate in AUTOM and its features 2002. November 18, 2002. and enhancements. Option orders entered by Exchange members into AUTOM are routed to the Authority: 5 U.S.C. 3301 and 3302; E.O. Pursuant to section 19(b)(1) of the appropriate specialist unit on the Exchange trading 10577, 3 CFR 1954–1958 Comp., P.218. Securities Exchange Act of 1934 floor.

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interface with AUTOM (‘‘ROT Access amendments, all written statements 25, 2002, notice of the proposed rule System’’) on November 11, 2002. with respect to the proposed rule change and Amendment No. 1 was change that are filed with the published thereto in the Federal 2. Statutory Basis Commission, and all written Register.5 The Commission received no The Exchange believes the proposed communications relating to the comments on the proposal. This order rule change is consistent with section 6 proposed rule change between the approves the proposed rule change and of the Act 5 in general, and with section Commission and any person, other than Amendment No. 1, accelerates approval 6(b)(5) of the Act 6 in particular, in that those that may be withheld from the of Amendment No. 2, and solicits it is designed to perfect the mechanism public in accordance with the comment from interested persons on of a free and open market and the provisions of 5 U.S.C. 552, will be Amendment No. 2. national market system, protect available for inspection and copying in The Commission finds that the investors and the public interest and the Commission’s Public Reference proposed rule change, as amended, is promote just and equitable principles of Room. Copies of such filing will also be consistent with the Act and the rules trade. available for inspection and copying at and regulations thereunder applicable to 6 B. Self-Regulatory Organization’s the principal office of the Exchange. All a national securities exchange. In Statement on Burden on Competition submissions should refer to File No. particular, the Commission finds that SR–Phlx–2002–74 and should be the proposal is consistent with Section The Phlx does not believe that the submitted by December 16, 2002. 6(b)(5) of the Act 7 which requires, proposed rule change will impose any among other things, that the rules of an inappropriate burden on competition. For the Commission, by the Division of Market Regulation, pursuant to delegated exchange be designed to prevent C. Self-Regulatory Organization’s authority.9 fraudulent and manipulative acts and Statement on Comments on the Jill M. Peterson, practices, to promote just and equitable Proposed Rule Change Received From Assistant Secretary. principles of trade, and, in general, to protect investors and the public interest. Members, Participants or Others [FR Doc. 02–29871 Filed 11–22–02; 8:45 am] The Commission believes that the No written comments were either BILLING CODE 8010–01–P proposed rule change should provide solicited or received. guidance as to the roles and III. Date of Effectiveness of the SECURITIES AND EXCHANGE responsibilities of Clerks on the Proposed Rule Change and Timing for COMMISSION Exchange’s Options Floor and should Commission Action clarify the types of activities in which [Release No. 34–46841; File No. SR–Phlx– Clerks may and may not engage. As a Because the proposal effects a change 2001–104] in an existing order-entry or trading result, the Commission believes that the system of the Exchange that (i) does not Self-Regulatory Organizations; Order proposed rule change should assist the significantly affect the protection of Approving Proposed Rule Change and Exchange in its surveillance for investors or the public interest; (ii) does Amendment No. 1 Thereto, and Notice potential violation of Exchange rules. The Commission finds good cause for not impose any significant burden on of Filing and Order Granting approving Amendment No. 2 prior to competition; and (iii) does not have the Accelerated Approval of Amendment the 30th day after publication of notice effect of limiting the access to or No. 2 Thereto, by the Philadelphia of filing. The Commission notes that availability of the system, it has become Stock Exchange, Inc. Relating to Amendment No. 2 makes only a effective pursuant to section 19(b)(3)(A) Clerks on the Exchange’s Options clarification to the proposed rule text.8 of the Act 7 and subparagraph (f)(5) of Floor rule 19b–48 thereunder. At any time Accordingly, the Commission believes within 60 days of the filing of the November 15, 2002. that there is good cause consistent with 9 proposed rule change, the Commission On December 18, 2001, the Section 19(b)(2) of the Act to approve may summarily abrogate such rule Philadelphia Stock Exchange, Inc. Amendment No. 2 to the proposed rule change if it appears to the Commission (‘‘Phlx’’) filed with the Securities and change on an accelerated basis. that such action is necessary or Exchange Commission (‘‘Commission’’), Solicitation of Comments appropriate in the public interest, for pursuant to Section 19(b)(1) of the Interested persons are invited to the protection of investors, or otherwise Securities Exchange Act of 1934 submit written data, views, and in furtherance of the purposes of the (‘‘Act’’) 1 and Rule 19b–4 2 thereunder, a arguments concerning the foregoing, Act. proposal to adopt Phlx Rule 1090, Clerks, to define and set forth permitted including whether Amendment No. 2 is IV. Solicitation of Comments and prohibited activities of Clerks on consistent with the Act. Persons making Interested persons are invited to the Exchange’s Options Floor. On June written submissions should file six submit written data, views and 27, 2002, the Phlx submitted copies thereof with the Secretary, arguments concerning the foregoing, Amendment No. 1 to the proposed rule Securities and Exchange Commission, including whether the proposed rule change.3 On October 25, 2002, the Phlx change is consistent with the Act. Commission, dated October 25, 2002 (‘‘Amendment submitted Amendment No. 2 to the No. 2’’). In Amendment No. 2, Phlx replaces the 4 Persons making written submissions proposed rule change. On September word ‘‘person’’ with the word ‘‘Clerk’’ in proposed should file six copies thereof with the Commentaries .01 and .02 to proposed Phlx Rule Secretary, Securities and Exchange 9 17 CFR 200.30–3(a)(12). 1090. Commission, 450 Fifth Street, NW., 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 46505 Washington, DC 20549–0609. Copies of 2 17 CFR 240.19b–4. (September 17, 2002), 67 FR 60273. 6 the submission, all subsequent 3 See letter from Richard S. Rudolph, Director and In approving the proposed rule change, the Counsel, Phlx, to Nancy J. Sanow, Assistant Commission has considered the proposed rule’s Director, Division of Market Regulation impact on efficiency, competition, and capital 5 15 U.S.C. 78f. (‘‘Division’’), Commission, dated June 26, 2002 formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(5). (‘‘Amendment No. 1’’). 7 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78s(b)(3)(A). 4 See letter from Richard S. Rudolph, Director and 8 See supra note 4. 8 17 CFR 240.19b–4(f)(5) Counsel, Phlx, to Frank Genco, Division, 9 15 U.S.C. 78f(b)(5) and 78s(b)(2).

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450 Fifth Street, NW, Washington, DC Small Business Administration, 409 3rd Title: Prime Contracts Program 20549–0609. Copies of the submission, Street, SW., 5th Floor, Washington, DC Quarterly Report Part A and B. all subsequent amendments, all written 20416; and OMB Reviewer, Office of No’s: 843A & 843B. statements with respect to the proposed Information and Regulatory Affairs, Frequency: On occasion. rule change that are filed with the Office of Management and Budget, New Description of Respondents: Commission, and all written Executive Office Building, Washington, Procurement center representatives. communications relating to the DC 20503. Responses: 63. proposed rule change between the FOR FURTHER INFORMATION CONTACT: Annual Burden: 1020. Commission and any person, other than Jacqueline White, Agency Clearance Jacqueline White, those that may be withheld from the Officer, (202) 205–7044. Chief, Administrative Information Branch. public in accordance with the SUPPLEMENTARY INFORMATION: provisions of 5 U.S.C. 552, will be Title: Secondary Market Assignment [FR Doc. 02–29852 Filed 11–22–02; 8:45 am] available for inspection and copying in and Disclosure Form. BILLING CODE 8025–01–M the Commission’s Public Reference No.: 1088. Room. Copies of the filing will also be Frequency: On occasion. available for inspection and copying at Description of Respondents: SMALL BUSINESS ADMINISTRATION the principal offices of the Phlx. All Secondary market participants. [Declaration of Disaster #3467] submissions should refer to File No. Responses: 5,000. SR–Phlx–2001–104 and should be Annual Burden: 7,500. State of Ohio submitted by December 16, 2002. Jacqueline White, It is therefore ordered, pursuant to As a result of the President’s major Chief, Administrative Information Branch. Section 19(b)(2) of the Act,10 that the disaster declaration on November 18, proposed rule change, as amended, (SR– [FR Doc. 02–29851 Filed 11–22–02; 8:45 am] 2002, I find that Hancock, Ottawa, Phlx–2001–104) is approved. BILLING CODE 8025–01–P Paulding, Putnam, Seneca and Van Wert Counties in the State of Ohio constitute For the Commission, by the Division of a disaster area due to damages caused Market Regulation, pursuant to delegated SMALL BUSINESS ADMINISTRATION by severe storms and tornadoes authority.11 occurring on November 10, 2002. Jill M. Peterson, Reporting and Recordkeeping Applications for loans for physical Assistant Secretary. Requirements Under OMB Review damage as a result of this disaster may [FR Doc. 02–29872 Filed 11–22–02; 8:45 am] AGENCY: Small Business Administration. be filed until the close of business on BILLING CODE 8010–01–P ACTION: Notice of reporting requirements January 17, 2003 and for economic submitted for OMB review. injury until the close of business on August 18, 2003 at the address listed SMALL BUSINESS ADMINISTRATION SUMMARY: Under the provisions of the below or other locally announced Paperwork Reduction Act (44 U.S.C. locations: U.S. Small Business Reporting and Recordkeeping chapter 35), agencies are required to Administration, Disaster Area 2 Office, Requirements Under OMB Review submit proposed reporting and One Baltimore Place, Suite 300, Atlanta, AGENCY: Small Business Administration. recordkeeping requirements to OMB for GA 30308. review and approval, and to publish a In addition, applications for economic ACTION: Notice of reporting requirements notice in the Federal Register notifying injury loans from small businesses submitted for OMB review. the public that the agency has made located in the following contiguous SUMMARY: Under the provisions of the such a submission. counties may be filed until the specified Paperwork Reduction Act (44 U.S.C. DATES: Submit comments on or before date at the above location: Allen, chapter 35), agencies are required to December 26, 2002. If you intend to Auglaize, Crawford, Defiance, Hardin, submit proposed reporting and comment but cannot prepare comments Henry, Huron, Lucas, Mercer, Sandusky, recordkeeping requirements to OMB for promptly, please advise the OMB Wood and Wyandot in the State of Ohio; review and approval, and to publish a Reviewer and the Agency Clearance and Adams and Allen counties in the notice in the Federal Register notifying Officer before the deadline. State of Indiana. the public that the agency has made COPIES: Request for clearance (OMB 83– The interest rates are: such a submission. 1), supporting statement, and other Percent DATES: Submit comments on or before documents submitted to OMB for December 26, 2002. If you intend to review may be obtained from the For Physical Damage: comment but cannot prepare comments Agency Clearance Officer. Homeowners With Credit Avail- promptly, please advise the OMB ADDRESSES: Address all comments able Elsewhere ...... 5.875 Reviewer and the Agency Clearance concerning this notice to: Agency Homeowners Without Credit Officer before the deadline. Clearance Officer, Jacqueline White, Available Elsewhere ...... 2.937 Businesses With Credit Avail- COPIES: Request for clearance (OMB 83– Small Business Administration, 409 3rd Street, SW., 5th Floor, Washington, DC able Elsewhere ...... 6.648 1), supporting statement, and other Businesses and Non-profit Or- documents submitted to OMB for 20416; and OMB Reviewer, Officer for ganizations Without Credit review may be obtained from the Information and Regulatory Affairs, Available Elsewhere ...... 3.324 Agency Clearance Officer. Office of Management and Budget, New Others (Including Non-profit Or- Executive Office Building, Washington, ADDRESSES: Address all comments ganizations) With Credit concerning this notice to: Agency DC 20503. Available Elsewhere ...... 5.500 For Economic Injury: Businesses Clearance Officer, Jacqueline White, FOR FURTHER INFORMATION CONTACT: Jacqueline White, Agency Clearance and Small Agricultural Coopera- tives Without Credit Available 10 Officer, (202) 205–7044. 15 U.S.C. 78s(b)(2). Elsewhere ...... 3.324 11 17 CFR 200.30–3(a)(12). SUPPLEMENTARY INFORMATION:

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The number assigned to this disaster West Virginia; and Meigs County in the provisions of the 49 U.S.C. 40117 and for physical damage is 346712. For State of Ohio constitute a disaster area part 158 of the Federal Aviation economic injury the number is 9S6300 as a result of a series of strong storms Regulations (14 CFR part 158). for Ohio; and 9S6400 for Indiana. that occurred on November 10, 2002. DATES: Comments must be received on (Catalog of Federal Domestic Assistance Applications for loans for physical or before December 26, 2002. Program Nos. 59002 and 59008). damage may be filed until the close of ADDRESSES: Comments on this Dated: November 19, 2002. business on January 17, 2003, and for application may be mailed or delivered Herbert L. Mitchell, economic injury until the close of in triplicate to the FAA at the following Associate Administrator for Disaster business on August 18, 2003, at the address: Federal Aviation Assistance. address listed below or other locally Administration, Minneapolis Airports [FR Doc. 02–29913 Filed 11–22–02; 8:45 am] announced locations: U.S. Small District Office, 6020 28th Avenue South, Business Administration, Disaster Area BILLING CODE 8025–01–P Room 102, Minneapolis, Minnesota 1 Office, 360 Rainbow Blvd., South 3rd 55450–2706. Floor, Niagara Falls, NY 14303. In addition, one copy of any SMALL BUSINESS ADMINISTRATION The interest rates are: comments submitted to the FAA must be mailed or delivered to Mr. Jeffrey W. [Declaration of Disaster #3459] Percent Hamiel, Executive Director of the State of Texas For Physical Damage: Metropolitan Airports Commission at Homeowners With Credit Avail- the following address: Metropolitan Amendment #2 able Elsewhere: ...... 5.875 Airports Commission, 6040 28th In accordance with notices received Homeowners Without Credit Avenue South, Minneapolis, Minnesota from the Federal Emergency Available Elsewhere: ...... 2.937 55450. Air carriers and foreign air Businesses With Credit Avail- carriers may submit copies of written Management Agency, dated November able Elsewhere: ...... 6.648 15, 2002, the above numbered comments previously provided to the Businesses and Non-profit Or- Metropolitan Airports Commission declaration is hereby amended to ganizations Without Credit establish the incident period for this Available Elsewhere: ...... 3.324 under section 158.23 of part 158. disaster as beginning on October 24, Others (Including Non-profit Or- FOR FURTHER INFORMATION CONTACT: Mr. 2002 and continuing through November ganizations) With Credit Gordon Nelson, Program Manager, 15, 2002. This declaration is also Available Elsewhere ...... 5.500 Federal Aviation Administration, amended to include Liberty and For Economic Injury: Businesses Airports District Office, 6020 28th Montgomery Counties in the State of and Small Agricultural Coopera- Avenue South, Room 102, Minneapolis, tives Without Credit Available Minnesota 55450–2706, telephone (612) Texas as disaster areas due to damages Elsewhere: ...... 3.324 caused by severe storms, tornadoes, and 713–4358. The application may be reviewed in person at this same flooding occurring on October 24, 2002, The number assigned to this disaster location. and continuing through November 15, for physical damage is 346511for West 2002. Virginia and 346611 for Ohio. The SUPPLEMENTARY INFORMATION: The FAA In addition, applications for economic number assigned to this disaster for proposes to rule and invites public injury loans from small businesses economic injury is 9S6100 for West comment on the application to impose located in Grimes, San Jacinto and Virginia and 9S6200 for Ohio. and use the revenue from a PFC at Walker Counties in the State of Texas (Catalog of Federal Domestic Assistance Minneapolis-St. Paul International may be filed until the specified date at Airport under the provisions of the 49 the previously designated location. All Program Nos. 59002 and 59008.) Dated: November 18, 2002. U.S.C. 40117 and part 158 of the Federal other counties contiguous to the above Aviation Regulations (14 CFR part 158). named primary counties have been Hector V. Barreto, Administrator. On October 28, 2002, the FAA previously declared. determined that the application to [FR Doc. 02–29912 Filed 11–22–02; 8:45 am] All other information remains the impose and use the revenue from a PFC same, i.e., the deadline for filing BILLING CODE 8025–01–P submitted by Metropolitan Airports applications for physical damage is Commission was substantially complete January 6, 2003, and for economic within the requirements of section injury the deadline is August 5, 2003. DEPARTMENT OF TRANSPORTATION 158.25 of part 158. The FAA will (Catalog of Federal Domestic Assistance Federal Aviation Administration approve or disapprove the application, Program Nos. 59002 and 59008). in whole or in part, no later than Dated: November 19, 2002. Notice of Intent To Rule on Application January 25, 2003. Herbert L. Mitchell, 02–06–C–00–MSP To Impose and Use The following is a brief overview of Associate Administrator for Disaster the Revenue From a Passenger Facility the application. Assistance. Charge (PFC) at Minneapolis-St. Paul Proposed charge effective date: April [FR Doc. 02–29911 Filed 11–22–02; 8:45 am] International Airport, Minneapolis, MN 1, 2003. BILLING CODE 8025–01–P Proposed charge expiration date: AGENCY: Federal Aviation October 1, 2017. Administration (FAA), DOT. Level of the proposed PFC: $3.00. SMALL BUSINESS ADMINISTRATION ACTION: Notice of intent to rule on Total estimated PFC revenue: application. $94,832,543. [Declaration of Disaster # 3465] Brief description of proposed projects: SUMMARY: The FAA proposes to rule and State of West Virginia (Impose and Use Projects) Runway 12R/ invites public comment on the 30L temporary extension; runway 4/22 Jackson County and the contiguous application to impose and use the property acquisition; airside bituminous counties of Kanawha, Mason, Putnam, revenue from a PFC at Minneapolis-St. construction—2001; pavement Roane, Wirt and Wood in the State of Paul International Airport under the rehabilitation—apron/taxiway;

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miscellaneous airfield construction; DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 10 taxiway A/H reconstruction; Green/Gold hours. connector bag belt; Green/Gold Internal Revenue Service Estimated Total Annual Burden connector ticket counter/bag check; [INTL–868–89] Hours: 630,000 hours. security fence/gate replacements; The following paragraph applies to all maintenance facility addition. Proposed Collection; Comment of the collections of information covered Request for Regulation Project by this notice: (Impose Only Project) Concourse F An agency may not conduct or expansion. AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to Level of the proposed PFC: $4.50. Treasury. respond to, a collection of information ACTION: Notice and request for Total estimated PFC revenue: unless the collection of information comments. $1,121,378,685. displays a valid OMB control number. Books or records relating to a Brief description of proposed projects: SUMMARY: The Department of the collection of information must be (Impose and Use Projects) Runway 12L Treasury, as part of its continuing effort retained as long as their contents may deicing pad; runway 12R deicing pad; to reduce paperwork and respondent become material in the administration buildings demolition; taxiway B burden, invites the general public and of any internal revenue law. Generally, construction; runway 17/35 site other Federal agencies to take this tax returns and tax return information preparation and utility installation opportunity to comment on proposed are confidential, as required by 26 (including wetland mitigation, concrete and/or continuing information U.S.C. 6103. collections, as required by the paving, storm sewer and storm water Request for Comments: Comments Paperwork Reduction Act of 1995, pond construction); runway 17/35 site submitted in response to this notice will Public Law 104–13 (44 U.S.C. be summarized and/or included in the demolition (on and off airport); runway 3506(c)(2)(A)). Currently, the IRS is 17/35 runways, taxiways, taxilanes, and request for OMB approval. All soliciting comments concerning an comments will become a matter of connectors (including runway 17 existing final regulation, INTL–868–89– deicing pad); runway 17/35 airfield public record. Comments are invited on: 89 (TD 8353), Information With Respect (a) Whether the collection of service road; runways 17/35 and 4/22 to Certain Foreign-Owned Corporations tunnels; taxiway W–Y/Y–3 tunnels; information is necessary for the proper (§§ 1.6038A–2 and 1.6038A–3). performance of the functions of the tenant lease extinguishment; deicing DATES: Written comments should be agency, including whether the agent processing facility; airfield received on or before January 24, 2003 information shall have practical utility; material and equipment storage to be assured of consideration. (b) the accuracy of the agency’s estimate facilities; property acquisition (for ADDRESSES: Direct all written comments of the burden of the collection of runway 17/35); program planning/ to Glenn Kirkland, Internal Revenue information; (c) ways to enhance the management costs; residential noise Service, room 6411, 1111 Constitution quality, utility, and clarity of the insulation; Green concourse (Concourse Avenue NW., Washington, DC 20224. information to be collected; (d) ways to C) expansion (Phases 1 and 2); Green FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of Concourse apron expansion (including Requests for additional information or information on respondents, including runway 30R deicing pad); Green/Gold copies of the regulation should be through the use of automated collection connector; Green Concourse automated directed to Larnice Mack (202) 622– techniques or other forms of information people mover; Humphrey terminal 3179, or through the Internet technology; and (e) estimates of capital hydrant fueling system. ([email protected]), Internal or start-up costs and costs of operation, (Impose Only Project) fire/rescue Revenue Service, room 6407, 1111 maintenance, and purchase of services replacement facility. Class or classes of Constitution Avenue NW., Washington, to provide information. air carriers, which the public agency has DC 20224. Approved: November 19, 2002. requested, not be required to collect SUPPLEMENTARY INFORMATION: Glenn Kirkland, Title: Information With Respect to PFCs: Air Taxi/Commercial Operators IRS Reports Clearance Officer. (ATCO) filing FAA Form 1800–31. Any Certain Foreign-Owned Corporations. OMB Number: 1545–1191. [FR Doc. 02–29918 Filed 11–22–02; 8:45 am] person may inspect the application in Regulation Project Number: INTL– BILLING CODE 4830–01–P person at the FAA office listed above 868–89 (Final). under FOR FURTHER INFORMATION Abstract: The regulation requires CONTACT. In addition, any person may, record maintenance, annual information DEPARTMENT OF THE TREASURY upon request, inspect the application, filing, and the authorization of the U.S. Internal Revenue Service notice and other documents germane to corporation to act as an agent for IRS the application in person at the summons purposes. These requirements Electronic Tax Administration Metropolitan Airports Commission. allow IRS international examiners to Advisory Committee (ETAAC) Issued in Des Plaines, Illinois, on better audit the tax returns of AGENCY: Internal Revenue Service (IRS), November 1, 2002. corporations engaged in crossborder transactions with a related party. Treasury. Robert Benko, Current Actions: There is no change to ACTION: Notice of open meeting. Acting Manager, Airports Planning/ these existing regulations. Programming Branch, Airports Division, Type of Review: Extension of a SUMMARY: In 1998 the IRS established Great Lakes Region. currently approved collection. the Electronic Tax Administration [FR Doc. 02–29901 Filed 11–22–02; 8:45 am] Affected Public: Individuals and Advisory Committee (ETAAC). The BILLING CODE 4910–13–M business or other for-profit primary purpose of ETAAC is to provide organizations. an organized public forum for Estimated Number of Respondents: discussion of electronic tax 63,000. administration issues in support of the

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overriding goal that paperless filing strategy for electronic tax administration Note: Last minute changes to the agenda should be the preferred and most will help achieve the goal that paperless are possible and could prevent effective convenient method of filing tax and filing should be the preferred and most advance notice. information returns. ETAAC offers convenient method of filing tax and constructive observations about current information returns. Dated: November 13, 2002. Cathy Vanhorn, or proposed policies, programs, and ETAAC members are not paid for procedures, and suggests improvements. their time or services, but consistent Director, Communication & Liasion. A summary of the agenda along with the with Federal regulations, they are [FR Doc. 02–29920 Filed 11–22–02; 8:45 am] planned discussion topics is listed reimbursed for their travel and lodging BILLING CODE 4830–01–P below. expenses to attend the public meetings, Summarized Agenda working sessions, and an orientation each year. DEPARTMENT OF THE TREASURY 9 a.m. Meeting Opens 11:30 Break for Lunch Dated: November 20, 2002. Internal Revenue Service 1:30 Meeting Adjourns Terence H. Lutes, The planned discussion topics are as Director, Electronic Tax Administration. Open Meeting of the Taxpayer follows: [FR Doc. 02–29919 Filed 11–22–02; 8:45 am] Advocacy Panel Ad Hoc Committee (1) Electronic Tax Administration and BILLING CODE 4830–01–P E-Z Tax-Filing Overview ACTION: Notice. (2) Plans for the 2003 Filing Season DEPARTMENT OF THE TREASURY (3) Path to 2007 SUMMARY: An open meeting of the (4) Tax Exempt and Government Internal Revenue Service Taxpayer Advocacy Panel Ad Hoc Entities Operating Division Update Committee will be conducted (via Note: Last minute changes to these topics Open Meeting of the Taxpayer teleconference). are possible and could prevent advance Advocacy Panel, E-Filing Issue notice. Committee DATES: The meeting will be held Thursday, December 5, 2002. DATES: There will be a meeting of ETAAC on Wednesday, December 4, ACTION: Notice. FOR FURTHER INFORMATION CONTACT: 2002. This meeting will be open to the Anne Gruber at 1–888–912–1227, or public, and will be in a room that SUMMARY: An open meeting of the 206–220–6095. accommodates approximately 40 Taxpayer Advocacy Panel, E-Filing people, including members of ETAAC Issue Committee will be conducted via SUPPLEMENTARY INFORMATION: Notice is and IRS officials. Seats are available to teleconference. hereby given pursuant to section 10(a)(2) of the Federal Advisory members of the public on a first-come, DATES: The meeting will be held Committee Act, 5 U.S.C. App. (1988) first-served basis. Thursday, December 12, 2002. that an open meeting of the Taxpayer ADDRESSES: The meeting will be held in FOR FURTHER INFORMATION CONTACT: the Wyndham Washington Hotel, 1400 Advocacy Panel Ad Hoc Committee will M Street, NW., Washington, DC 20005. Mary Ann Delzer at 1–888–912–1227 or be held Thursday, December 5, 2002, 414–297–1604. from 1 pm p.s.t. to 3 pm p.s.t. via a FOR FURTHER INFORMATION CONTACT: To get on the access list to attend this SUPPLEMENTARY INFORMATION: Notice is telephone conference call. The public is meeting, to have a copy of the agenda hereby given pursuant to section invited to make written comments. If faxed to you or to receive general 10(a)(2) of the Federal Advisory you would like to have the TAP information about ETAAC contact Ms. Committee Act, 5 U.S.C. App. (1988) consider a written statement, please call Candice Cromling at (202) 283–0462 by that an open meeting of the Taxpayer 1–888–912–1227 or 206–220–6095, or November 29, 2002. Notification of Advocacy Panel, E-Filing Issue write Anne Gruber, TAP Office, 915 2nd intent should include your name, Committee will be held, Thursday, Ave, M/S W406, Seattle, WA 98174, or organization and phone number. If you December 12, 2002, from 3 p.m. to 5 e-mail [email protected]. Due to leave this information for Ms. Cromling p.m. eastern time via telephone limited conference lines, notification of in a voice-mail message please spell out conference call. The Taxpayer Advocacy intent to participate in the telephone all names. Panel is soliciting public comment, conference call meeting must be made A draft of the agenda will be available ideas, and suggestions on improving with Anne Gruber. Ms. Gruber can be via facsimile transmission the week customer service at the Internal Revenue reached at 1–888–912–1227 or 206– prior to the meeting. Please call Ms. Service. You can submit written 220–6095, or e-mail Cromling on or after Wednesday, comments to the panel by faxing to [email protected]. (414) 297–1623, or by mail to Taxpayer November 27 to have a copy of the The agenda will include the Advocacy Panel, Mail Stop 1006 MIL, agenda faxed to you. Please note that a following: various IRS issues. draft agenda will not be available until 310 West Wisconsin Avenue, that date. Milwaukee, WI 53203–2221. Public Note: Last minute changes to the agenda are possible and could prevent effective SUPPLEMENTARY INFORMATION: ETAAC comments will also be welcome during reports to the Director, Electronic Tax the meeting. Please contact Mary Ann advance notice. Delzer at 1–888–912–1227, or 414–297– Administration, who is the executive Dated: November 13, 2002. responsible for the electronic tax 1604 for dial-in information. administration program. Increasing The agenda will include the Cathy Vanhorn, participation by external stakeholders in following: outreach planning and Director, Communication and Liaison. the development and implementation of discussion of E-file use by small [FR Doc. 02–29921 Filed 11–22–02; 8:45 am] the Internal Revenue Service’s (IRS’s) businesses. BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY Due to limited conference time, Supervision (‘‘OTS’’), or her designee, notification of intent to attend the acting pursuant to delegated authority, Internal Revenue Service meeting must be made with Anne approved the application of Wayne Gruber or Judi Nicholas. Ms. Nicholas Savings Bankshares, MHC, Wooster, Open Meeting of the Area 6 Taxpayer can be reached at 1–888–912–1227 or Ohio (MHC), to convert to the stock Advocacy Panel (Including the States 206–220–6096. of Alaska, Arizona, Colorado, Hawaii, form of organization. The MHC is the The Agenda will include the parent mutual holding company of Idaho, Montana, New Mexico, Nevada, following: committee business, welcome Oregon, Utah, Washington, and Wayne Savings Community Bank, to new members, and discussion of Wooster, Ohio (Savings Association). Wyoming) various ideas on hold from the summer. Following the proposed conversion, the ACTION: Notice. Note: Last minute changes to the agenda Savings Association will be a wholly are possible and could prevent effective owned stock subsidiary of Wayne SUMMARY: An open meeting of Area 6 advance notice. Savings Bancshares, Inc., Wooster, Ohio Taxpayer Advocacy Panel will be conducted (via teleconference). Dated: October 30, 2002. (Holding Company). Copies of the application are available for inspection DATES: The meeting will be held John J. Mannion, Monday, November 18, 2002. Director, Program Planning & Quality. by appointment (phone number: 202– 906–5922 or e-mail: FOR FURTHER INFORMATION CONTACT: [FR Doc. 02–29922 Filed 11–22–02; 8:45 am] [email protected]) at the Anne Gruber at 1–888–912–1227 or BILLING CODE 4830–01–P 206–220–6095. Public Reading Room, OTS, 1700 G Street, NW., Washington, DC 20552, and SUPPLEMENTARY INFORMATION: Notice is DEPARTMENT OF THE TREASURY the OTS Northeast Regional Office, 10 hereby given pursuant to section Exchange Place, 18th Floor, Jersey City, 10(a)(2) of the Federal Advisory Office of Thrift Supervision Committee Act, 5 U.S.C. App. (1988) New Jersey 07302. that an open meeting of the Taxpayer [AC–14: OTS Nos. H–2029; H–3798 and Dated: November 19, 2002. 04195] Advocacy Panel will be held Monday, By the Office of Thrift Supervision. November 18, 2002, from 2 p.m. to 4 Wayne Savings Bankshares, MHC, Nadine Y. Washington, p.m. as a teleconference. Wooster, OH, and Wayne Savings The public is invited to send written Corporate Secretary. Community Bank, Wooster, OH; [FR Doc. 02–29802 Filed 11–22–02; 8:45 am] comments. If you would like to have the Approval of Conversion Application TAP consider a written statement, BILLING CODE 6720–01–M please call 1–888–912–1227 or 206– Notice is hereby given that on 220–6095, or write Anne Gruber, 915 November 14, 2002, the Director, 2nd Ave, MS W406, Seattle, WA 98174. Supervision Policy, Office of Thrift

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Corrections Federal Register Vol. 67, No. 227

Monday, November 25, 2002

This section of the FEDERAL REGISTER NUCLEAR REGULATORY November 14, 2002, make the following contains editorial corrections of previously COMMISSION correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are 10 CFR Part 72 §39.13 [Corrected] prepared by the Office of the Federal Register. Agency prepared corrections are RIN 3150–AH05 On page 68933, in the third column, issued as signed documents and appear in in § 39.13, after amendatory instruction the appropriate document categories List of Approved Spent Fuel Storage 2., the item directly beneath should elsewhere in the issue. Casks: VSC–24 Revision appear as follows: ‘‘• 2002–23–06 Textron Lycoming:’’. Correction In rule document 02–29485 beginning [FR Doc. C2–29003 Filed 11–22–02; 8:45 am] DEPARTMENT OF ENERGY on page 69987 in the issue of BILLING CODE 1505–01–D Wednesday, November 20, 2002 make Federal Energy Regulatory the following correction: Commission On page 69987, in the first column, DEPARTMENT OF TRANSPORTATION under DATES, in the second line Federal Aviation Administration [Project No. 12388–000] ‘‘February 3, 2002’’ should read, ‘‘February 3, 2003’’. Notice of Application Accepted for 14 CFR Part 71 Filing and Soliciting Comments, [FR Doc. C2–29485 Filed 11–22–02; 8:45 am] Motions To Intervene, and Protests BILLING CODE 1505–01–D [Airspace Docket No. 02–ACE–11]

November 8, 2002. Amendment to Class E Airspace; DEPARTMENT OF TRANSPORTATION Ulysses, KS Correction Federal Aviation Administration Correction In notice document 02–29142 beginning on page 69523 in the issue of 14 CFR Part 39 In rule document 02–28831 beginning Monday, November 18, 2002, make the on page 68757 in the issue of [Docket No. 2002–NE–31–AD; Amendment Wednesday, November 13, 2002, make following correction: 39–12950; AD 2002–23–06] On page 69523, in the third column, the following correction: RIN 2120–AA64 the docket number is corrected to read §71.1 [Corrected] as set forth above. Airworthiness Directive; Textron On page 68758, in the second column, [FR Doc. C2–29142 Filed 11–22–02; 8:45 am] Lycoming AEIO–540, IO–540, LTIO– in §71.1, under the heading ACE KS E5 540, O–540, and TIO–540 Series BILLING CODE 1505–01–D Ulysses, KS [Revised], in the first Reciprocating Engines paragraph, in the first line, ‘‘upward Correction toward’’ should read, ‘‘upward’’. In rule document 02–29003 beginning [FR Doc. C2–28831 Filed 11–22–02; 8:45 am] on page 68932 in the issue of Thursday, BILLING CODE 1505–01–D

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Part II

Environmental Protection Agency 40 CFR Part 62 Federal Plan Requirements for Commercial and Industrial Solid Waste Incinerators Constructed on or Before November 30, 1999; Proposed Rule

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ENVIRONMENTAL PROTECTION Docket No. A–2000–52. The EPA Document Control Officer, 411 W. AGENCY requests that a separate copy also be Chapel Hill Street, Room 740B, Durham, sent to the contact person listed below. North Carolina 27701. Information 40 CFR Part 62 For additional information on the covered by such a claim of [AD–FRL–7408–1] docket and electronic availability, see confidentiality will be disclosed by the Supplementary Information. EPA only to the extent allowed and by RIN 2060–AJ28 Public hearing. If timely requests to the procedures set forth in 40 CFR part speak at a public hearing are received, 2. If no claim of confidentiality is made Federal Plan Requirements for a public hearing will be held at EPA’s with the submission, the submission Commercial and Industrial Solid Waste New RTP Campus located at 109 T.W. may be made available to the public Incinerators Constructed on or Before Alexander Drive in Research Triangle without further notice. No confidential November 30, 1999 Park, NC. Were one to be held, a hearing business information should be AGENCY: Environmental Protection would be held in the auditorium of the submitted through e-mail. Agency (EPA). main facility. Public hearing information. Persons ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: For wishing to speak at a public hearing information concerning specific aspects should notify Ms. Christine Adams at SUMMARY: On December 1, 2000, EPA of this proposal, contact Mr. David (919) 541–5590. If a public hearing is adopted emission guidelines for existing Painter at (919) 541–5515, Program requested and held, EPA will ask commercial and industrial solid waste Implementation and Review Group, clarifying questions during the oral incineration (CISWI) units. Sections 111 Information Transfer and Program presentation but will not respond to the and 129 of the Clean Air Act (CAA) Integration Division (E143–02), U.S. presentations or comments. Written require States with existing CISWI units Environmental Protection Agency, statements and supporting information subject to the emission guidelines to Research Triangle Park, North Carolina will be considered with equivalent submit plans to EPA that implement 27711, email: [email protected]. weight as any oral statement and and enforce the emission guidelines. For technical information, contact Mr. supporting information subsequently Indian Tribes may submit, but are not Fred Porter at (919) 541–5251, presented at a public hearing, if held. required to submit, Tribal plans to Combustion Group, Emission Standards Related information. Electronic implement and enforce the emission Division (C439–01), U.S. Environmental versions of this notice, the proposed guidelines in Indian country. State Protection Agency, Research Triangle regulatory text, and other background plans are due from States with CISWI Park, N.C. 27711, email: information are available at the World units subject to the emission guidelines [email protected]. For information Wide Web site that EPA has established on December 1, 2001. If a State or Tribe regarding implementation of this for CISWI units. The address is http:// with existing CISWI units does not proposed rule, contact the appropriate www.epa.gov/ttn/atw/129/ciwi/ submit an approvable plan, sections Regional Office (table 1) as shown in ciwipg.html. The CISWI website 111(d) and 129 of the CAA require EPA Supplementary Information. references other websites for closely to develop, implement, and enforce a SUPPLEMENTARY INFORMATION: Comment related rules, such as large and small Federal plan for CISWI units located in Information. Comments may be municipal waste combustors (MWC), that State or Tribal area within 2 years submitted electronically via electronic hazardous waste, and hospital/medical/ after promulgation of the emission mail (e-mail) or on disk. Electronic infectious waste incinerators (HMIWI). guidelines (December 1, 2002). This comments on this proposed rule may be The large MWC and HMIWI sites action proposes a Federal plan to filed via e-mail at most Federal contain the respective State plan implement emission guidelines for Depository Libraries. E-mail submittals guidance documents. CISWI units located in States and Indian should be sent to: ‘‘A-and-R- Docket. Docket numbers A–2000–52 country without effective State or Tribal [email protected]’’. Electronic comments and A–94–63 contain the supporting plans. On the effective date of an must be submitted as an American information for this proposed rule and approved State or Tribal plan, the Standard Code for Information the supporting information for EPA’s Federal plan would no longer apply to Interchange (ASCII) file avoiding the use promulgation of emission guidelines for CISWI units covered by the State or of special characters or encryption. existing CISWI units, respectively. Tribal plan. Comments and data will also be Docket A–2000–52 incorporates all of DATES: Comments. Comments on the accepted on disks or as an e-mail the information in Docket A–94–63. The proposed CISWI Federal plan must be attachment in WordPerfect or Corel dockets are organized and complete files received on or before January 24, 2003. ‘‘wpd’’ file format, Microsoft Word of all the information submitted to or Public hearing. The EPA will hold a format, or ASCII file format. All otherwise considered by EPA in the public hearing if requests to speak are comments and data for this proposed development of this proposed received by December 10, 2002. For rule, whether in paper form or rulemaking. The dockets are available additional information on the public electronic forms such as through e-mail for public inspection and copying hearing and requesting to speak, see the or on diskette, must be identified by between 8:30 a.m. and 4:30 p.m., Supplementary Information section of docket number A–2000–52. Monday through Friday, at the OAR this preamble. If requested, the hearing Persons wishing to submit proprietary Docket in the EPA Docket Center (EPA/ would take place on December 30, 2002 information for consideration must DC), 1301 Constitution Avenue, NW., and would begin at 10 a.m. clearly distinguish such information Washington, DC 20460, or by calling ADDRESSES: Comments. Submit written from other comments by clearly labeling (202) 566–1744. The docket is located in comments (in duplicate, if possible) to it ‘‘Confidential Business Information’’ Room B102, (basement of EPA West the following address: Air and Radiation (CBI). To ensure that proprietary Building). The fax number for the Docket and Information Center (MC– information is not inadvertently placed Center is (202) 566–1749 and the E-mail 6102T) , U.S. Environmental Protection in the docket, submit CBI directly to the address is http://www.epa.gov/edocket. Agency, 1200 Pennsylvania Avenue, following address, and not the public A reasonable fee may be charged for NW, Washington, D.C. 20460, Attention docket: Mr. Roberto Morales, OAQPS copying.

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Regulated entities. The proposed North American Industrial Standard Industrial Classification (SIC) Federal plan would affect the following Classification System (NAICS) and codes:

NAICS Category Code SIC Code Examples of potentially regulated entities

Any industry using a solid waste incinerator as defined 325 28 Manufacturers of chemicals and allied products. in the regulations. 325 34 Manufacturers of electronic equipment. 421 36 Manufacturers of wholesale trade, durable goods. 321, 337 24, 25 Manufacturers of lumber and wood furniture.

This list is not intended to be To determine whether your facility, refer to the FOR FURTHER INFORMATION exhaustive, but rather provides a guide company, business organization, etc., is CONTACT section. for readers regarding entities EPA regulated by this action, carefully EPA Regional Office Contacts. Table 1 expects to be regulated by this proposed examine the applicability criteria in 40 lists EPA Regional Offices that can rule. This table lists examples of the CFR 62.14510 through 62.14530 of answer questions regarding types of entities that could be affected subpart III. If you have any questions implementation of this proposed rule. by this proposed rule. Other types of regarding the applicability of this action entities not listed could also be affected. to your solid waste incineration unit,

TABLE 1.—EPA REGIONAL CONTACTS FOR CISWI

Region Contact Phone/Fax States and Protectorates

I ...... EPA New England Director, Air Compliance Program, 1 Con- 617–918–1650, 617–918–1505 CT, ME, MA, NH, RI, VT gress Street, Suite 1100 (SEA), Boston, MA 02114–2023. (fax). II ...... U.S. EPA—Region 2, Air Compliance Branch, 290 Broadway, 212–637–4080, 212–637–3998 NJ, NY, Puerto Rico, Virgin Is- New York, New York 10007. (fax). lands III ...... U.S. EPA—Region 3, Chief, Air Enforcement Branch (3AP12), 215–814–3438, 215–814–2134 DE, DC, MD, PA, VA, WV 1650 Arch Street, Philadelphia, PA 19103–2029. (fax). IV ...... U.S. EPA—Region 4, Air and Radiation, Technology Branch, At- 404–562–9105, 404–562–9095 AL, FL, GA, KY, MS, NC, SC, lanta Federal Center, 61 Forsyth Street, Atlanta, Georgia (fax). TN 30303–3104. V ...... U.S. EPA—Region 5, Air Enforcement and Compliance Assur- 312–353–2211, 312–886–8289 IL, IN, MN, OH, WI ance Branch, (AR–18J), 77 West Jackson Boulevard, Chi- (fax). cago, IL 60604–3590. VI ...... U.S. EPA—Region 6, Chief, Toxics Enforcement, Section (6EN– 214–665–7224, 214–665–7446 AR, LA, NM, OK, TX AT), 1445 Ross Avenue, Dallas, TX 75202–2733. (fax). VII ...... U.S. EPA—Region 7, 901 N. 5th Street, Kansas City, KS 66101 913–551–7020, 913–551–7844 IA, KS, MO, NE (fax). VIII ...... U.S. EPA—Region 8, Air Program Technical Unit, (Mail Code 303–312–6007, 303–312–6064 CO, MT, ND, SD, UT, WY 8P–AR), 999 18th Street Suite 500, Denver, CO 80202. (fax). IX ...... U.S. EPA—Region 9, Air Division, 75 Hawthorne Street, San 415–744–1219, 415–744–1076 AZ, CA, HI, NV, American Francisco, CA 94105. (fax). Samoa, Guam X ...... U.S. EPA—Region 10, Office of Air Quality, 1200 Sixth Avenue, (206) 553–4273, (206) 553– Seattle, WA 98101. 0110 (fax).

Organization of this document. The E. Compliance Schedules C. CISWI Units That Have Shut Down following outline is provided to aid in F. Waste Management Plan Requirements VI. Implementation of the Federal Plan and locating information in this preamble. G. Testing, Monitoring, Recordkeeping, Delegation and Reporting A. Background of Authority I. Background Information H. Operator Training and Qualification B. Delegation of the Federal Plan and A. What is the Regulatory Development Requirements Retained Authorities Background for this Proposed Rule? I. Record of Public Hearings C. Mechanisms for Transferring Authority J. Progress Reports D. Implementing Authority B. What Impact Does the U.S. Appeals IV. Summary of CISWI Federal Plan E. CISWI Federal Plan and Indian County Court Remand and EPA’s Granting of a A. What Emission Limitations Must I VII. Title V Operating Permits Request for Reconsideration Have on this Meet? VIII. Administrative Requirements Federal Plan? B. What Operating Limits Must I Meet? A. Docket II. Affected Facilities C. What are the Requirements for Air B. Public Hearing A. What Is a CISWI Unit? Curtain Incinerators? C. Executive Order 12866: Regulatory B. Does The Federal Plan Apply to Me? D. What are the Testing, Monitoring, Planning and Review C. How Do I Determine If My CISWI Unit Inspection, Recordkeeping, and D. Executive Order 13132: Federalism Is Covered by an Approved and Effective Reporting Requirements? E. Executive Order 13175: Consultation State or Tribal Plan? E. What is the Compliance Schedule? and Coordination with Indian Tribal III. Elements of the CISWI Federal Plan F. How Did EPA Determine the Governments A. Legal Authority and Enforcement Compliance Schedule? F. Executive Order 13045: Protection of Mechanism V. CISWI That Have or Will Shut Down Children from Environmental Health B. Inventory of Affected CISWI Units A. Units That Plan to Close Rather Than Risks and Safety Risks C. Inventory of Emissions Comply G. Executive Order 13211: Energy Effects D. Emission Limitations B. Inoperable Units H. Unfunded Mandates Reform Act

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I. Regulatory Flexibility Act/Small the Federal plan until a State or Tribal 307(d)(7)(B) of the Act provides that Business Regulatory Enforcement plan has been approved and becomes ‘‘reconsideration shall not postpone the Fairness Act (SBREFA) effective covering those CISWI units. effectiveness of the rule,’’ except that J. Paperwork Reduction Act Today’s action proposes a Federal K. National Technology Transfer and ‘‘[t]he effectiveness of the rule may be Advancement Act plan for CISWI units that are not stayed during such reconsideration covered by an approved State or Tribal * * * by the Administrator or the court I. Background Information plan as of December 1, 2002. Sections for a period not to exceed three A. What Is the Regulatory Development 111 and 129 of the CAA and 40 CFR months.’’ In this case, neither EPA nor Background for This Proposed Rule? 60.27(c) and (d) require EPA to develop, the court stayed the effectiveness of the implement, and enforce a Federal plan final CISWI regulations in connection Section 129 of the CAA requires EPA to cover existing CISWI units located in with the reconsideration petition. to develop emission guidelines for States that do not have an approved Likewise, the D.C. Circuit granted EPA’s existing ‘‘solid waste incineration units plan within two years after motion for a remand without vacature, combusting commercial or industrial promulgation of the emission guidelines therefore, the Court’s remand order had waste.’’ The EPA refers to these units as (by December 1, 2002 for CISWI units). no impact on the effectiveness of the ‘‘commercial and industrial solid waste The EPA is proposing this Federal plan current CISWI regulations. Because the incineration’’ (CISWI) units. The EPA now so that a promulgated Federal plan existing CISWI regulations remain in proposed emission guidelines for CISWI will be in place at the earliest possible full effect, EPA’s obligation under units on November 30, 1999 and date, thus ensuring timely section 129(b)(3) of the Act to promulgated them on December 1, 2000 implementation and enforcement of the promulgate a Federal Plan (to (65 FR 75338) (to be codified at 40 CFR CISWI emission guidelines. In addition, implement those regulations for existing part 60, subpart DDDD). In writing EPA’s timing allows a State or Tribe the units that are not covered by an Section 129 of the Clean Air Act, opportunity to take delegation of the Congress looked first to the States as the approved and effective State plan) Federal plan in lieu of writing a State remains unchanged.1 Therefore, EPA is preferred implementers of emission plan. guidelines for existing CISWI units. To complying with its statutory obligations make these emission guidelines B. What Impact Does the U.S. Appeals by issuing today’s proposed Federal enforceable, States with existing CISWI Court Remand and EPA’s Granting of a Plan for CISWI units. units must have submitted to EPA Request for Reconsideration Have on To the extent that EPA might take within one year following promulgation This Federal Plan? action in the future that results in of the emission guidelines (by December Subsequent to EPA’s promulgation of changes in the underlying CISWI rule— 1, 2001) State plans that implement and the final rule establishing the NSPS and in response to the petition for enforce the emission guidelines. For EG for CISWI units, two events occurred reconsideration or in response to the States or Tribes that do not have an that potentially could result in voluntary remand—EPA will EPA-approved and effective plan, EPA substantive changes to these standards. simultaneously amend this Federal Plan must develop and implement a Federal First, in August 2001 EPA granted a to reflect any such changes. If such plan within two years following request for reconsideration, pursuant to changes become necessary, interested promulgation of the emission guidelines section 307(d)(7)(B) of the CAA, parties, including States and sources, (by December 1, 2002). The EPA sees submitted on behalf of the National will have the opportunity to provide the Federal plan as an interim measure Wildlife Federation and the Louisiana comments, and EPA will reasonably to ensure that Congressionally Environmental Action Network, related accommodate the concerns of mandated emission standards are to the definition of ‘‘commercial and commenters as appropriate. implemented until States assume their industrial solid waste incineration unit’’ II. Affected Facilities role as the preferred implementers of in EPA’s CISWI rulemaking. In granting the emissions guidelines. Thus, the EPA this petition for reconsideration, EPA A. What Is a CISWI Unit? encourages States to either use the agreed to undertake further notice and A CISWI unit means any combustion Federal plan as a template to reduce the comment proceedings related to this device that combusts commercial and effort needed to develop their own plans definition. Second, on January 30, 2001, industrial waste, as defined in proposed or to simply take delegation to directly the Sierra Club filed a petition for 40 CFR part 62, subpart III. Commercial implement and enforce the guidelines. review in the U.S. Court of Appeals for and industrial waste, as defined in States without any existing CISWI units the D.C. Circuit challenging EPA’s final proposed subpart III, is solid waste are required to submit to the CISWI rule. On Sept. 6, 2001, the Court combusted in an enclosed device using Administrator a letter of negative entered an order granting EPA’s motion controlled flame combustion without declaration certifying that there are no for a voluntary remand of the CISWI energy recovery that is a distinct CISWI units in the State. No plan is rule without vacature. EPA’s request for operating unit of any commercial or required for States that do not have any a voluntary remand of the final CISWI industrial facility (including field- CISWI units. rule was intended to allow the Agency erected, modular, and custom built As discussed in section VI.E of this to address concerns related to the incineration units operating with preamble, Indian Tribes may, but are Agency’s procedures for establishing starved or excess air), or solid waste not required to, submit Tribal plans to MACT floors for CISWI units in light of combusted in an air curtain incinerator cover CISWI units in Indian country. A the D.C. Circuit Court’s decision in without energy recovery that is a Tribe may submit to the Administrator Cement Kiln Recycling Coalition v. EPA, distinct operating unit of any a letter of negative declaration certifying 255 F.3d 855 (D.C. Cir. 2001). commercial or industrial facility. Fifteen that no CISWI units are located in the Neither EPA’s granting of the petition types of combustion units, which are Tribal area. No plan is required for for reconsideration, nor the Court’s listed in § 62.14525 of subpart III are Tribes that do not have any CISWI units. order granting a voluntary remand, stay, CISWI units located in States or Tribal vacate or otherwise influence the 1 Similarly, the obligations of States and sources areas that mistakenly submit a letter of effectiveness of the currently existing are unaffected by the reconsideration petition and negative declaration would be subject to CISWI regulations. Specifically, section the remand.

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conditionally exempt from the Federal VI.C of this preamble.) If a CISWI unit TABLE 2.—ELEMENTS OF THE CISWI plan. were overlooked by a State or Tribe and FEDERAL PLAN—Continued the State or Tribe submitted a negative B. Does the Federal Plan Apply to Me? declaration letter, or if an individual Element of the The proposed Federal plan will apply CISWI unit were not covered by an CISWI Federal Location to you if you are the owner or operator approved and effective State or Tribal plan of a combustion device that combusts plan, the CISWI unit would be subject commercial and industrial waste (as Emission Lim- 40 CFR 62.14630–62.14645 to this Federal plan. its. defined in subpart III) and the device is Compliance 40 CFR 62.14535–62.14575 not covered by an approved and C. How Do I Determine If My CISWI Unit Is Covered by an Approved and Schedules. effective State or Tribal plan as of Operator 40 CFR 62.14595–62.14625 December 1, 2002. The proposed Effective State or Tribal Plan? Training and Federal plan covers your CISWI unit Part 62 of Title 40 of the Code of Qualification. until EPA approves a State or Tribal Federal Regulations identifies the Waste Man- 40 CFR 62.14580–62.14590 plan that covers your CISWI unit and approval and promulgation of section agement that plan becomes effective. 111(d) and section 129 State or Tribal Plan. If you began the construction of your Record of Pub- Docket A–2000–52 plans for designated facilities in each lic Hearings. CISWI unit on or before November 30, State or area of Indian Country. 1999, it is considered an existing CISWI Testing, Moni- 40 CFR 62.14670–62.14760 However, part 62 is updated only once toring, Rec- unit and could be subject to the Federal per year. Thus, if part 62 does not ordkeeping, plan. If you began the construction of indicate that your State or Tribal area and Report- your CISWI unit after November 30, has an approved and effective plan, you ing. 1999, it is considered a new CISWI unit should contact your State Progress Re- Section III.J of this preamble and is subject to the NSPS. If you began environmental agency’s air director or ports. reconstruction or modification of your your EPA Regional Office (Table 1) to CISWI unit prior to June 1, 2001, it is determine if approval occurred since A. Legal Authority and Enforcement considered an existing CISWI unit and publication of the most recent version of Mechanism could be subject to the Federal plan. part 62. Likewise, if you began reconstruction or 1. EPA’s Legal Authority in States modification of your CISWI unit on or III. Elements of the CISWI Federal Plan Section 301(a) of the CAA provides after June 1, 2001, it is considered a new Because EPA is proposing a Federal EPA with broad authority to write CISWI unit and is subject to the NSPS. plan to cover CISWI units located in regulations that carry out the functions Your CISWI unit would be subject to States and areas of Indian Country of the CAA. Sections 111(d) and this Federal plan if on the effective date where plans are not in effect, EPA has 129(b)(3) of the CAA direct EPA to of the Federal plan, EPA has not elected to include in this proposal the develop a Federal plan for States that do approved a State or Tribal Plan that same elements as are required for State not submit approvable State plans. covers your unit, or the EPA-approved plans: (1) Identification of legal Sections 111 and 129 of the CAA State or Tribal plan has not become authority and mechanisms for provide EPA with the authority to effective. The specific applicability of implementation, (2) inventory of CISWI implement and enforce the Federal plan this plan is described in §§ 62.14510 units, (3) emissions inventory, (4) in cases where the State fails to submit through 62.14530 of subpart III. emission limitations, (5) compliance a satisfactory State plan. Section Once an approved State or Tribal plan schedules, (6) waste management plan, 129(b)(3) requires EPA to develop, is in effect, the Federal plan will no (7) testing, monitoring, inspection, implement, and enforce a Federal plan longer apply to a CISWI unit covered by reporting, and recordkeeping, (8) within 2 years after the date the relevant such plan. An approved State or Tribal operator training and qualification, (9) emission guidelines are promulgated (by plan is a plan developed by a State or public hearing, and (10) progress December 1, 2002 for CISWI units). Tribe that EPA has reviewed and reporting. See 40 CFR part 60 subparts Compliance with the emission approved based on the requirements in B and C and sections 111 and 129 of the guidelines cannot be later than 5 years 40 CFR part 60, subpart B to implement CAA. Each plan element is described after the relevant emission guidelines and enforce 40 CFR part 60, subpart below as it relates to this proposed are promulgated (by December 1, 2005 DDDD. The State or Tribal plan is CISWI Federal plan. Table 2 lists each for CISWI units). effective on the date specified in the element and identifies where it is 2. EPA’s Legal Authority in Indian notice published in the Federal Register located or codified. announcing EPA’s approval of the plan. Country The EPA’s promulgation of a CISWI TABLE 2.—ELEMENTS OF THE CISWI Section 301 provides EPA with the Federal plan will not preclude States or authority to administer Federal FEDERAL PLAN Tribes from submitting a plan. If a State programs in Indian country. See or Tribe submits a plan after Element of the sections 301 (a) and (d). Section promulgation of the CISWI Federal plan CISWI Federal Location 301(d)(4) of the CAA authorizes the final rule, EPA will review and approve plan Administrator to directly administer or disapprove the State or Tribal plan. provisions of the CAA where Tribal If EPA approves a plan, then the Federal Legal authority Sections 129(b)(3) 111(d), implementation of those provisions is plan would no longer apply to CISWI and enforce- 301(a), and 301(d)(4) of not appropriate or administratively not ment mech- the CAA units covered by the State or Tribal plan anism. feasible. See section VI.E of this as of the effective date of the State or Inventory of Docket A–2000–52 preamble for a more detailed discussion Tribal plan. (See the discussion in Affected of EPA’s authority to administer the ‘‘State or Tribe Submits A Plan After MWC Units. CISWI Federal plan in Indian country. CISWI Units Located in the Area Are Inventory of Docket A–2000–52 The EPA is proposing this Federal Subject to the Federal Plan’’ in section Emissions. regulation under the legal authority of

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the CAA to implement the emission inventory and details on the emissions recordkeeping, and reporting guidelines in those States and areas of calculations. requirements are consistent with Indian country not covered by an subpart DDDD, and assure initial and D. Emission Limitations approved plan. As discussed in section ongoing compliance. VI of this document, implementation The proposed Federal plan includes H. Operator Training and Qualification and enforcement of the Federal plan emission limitations. (See 40 CFR Requirements may be delegated to eligible Tribal, 60.24(a).) Section 129(b)(2) of the CAA State, or local agencies when requested requires these emission limitations to be The owner or operator must qualify by a State, eligible Tribal, or local ‘‘at least as protective as’’ those in the operators or their supervisors (at least agency, and when EPA determines that emission guidelines. The emission one per facility) by ensuring that they such delegation is appropriate. limitations in this proposed CISWI complete an operator training course Federal plan are the same as those and annual review or refresher course. B. Inventory of Affected CISWI Units contained in the emission guidelines. Sections 62.14595 through 62.14625 of The proposed Federal plan includes (See table 2 of subpart III.) Section IV of the proposed subpart III contain the an inventory of CISWI units affected by this preamble discusses the emission operator training and qualification the emission guidelines. (See 40 CFR limitations and operating limits. Table 3 requirements. 60.25(a).) Docket number A–2000–52 of subpart III contains operating limits I. Record of Public Hearings contains an inventory of the CISWI for wet scrubbers. units that may potentially be covered by The proposed Federal plan provides this proposed Federal plan in the E. Compliance Schedules opportunity for public participation in absence of State or Tribal plans. This Increments of progress are required adopting the plan. (See 40 CFR inventory contains 99 CISWI units in 30 for CISWI units that need more than 1 60.23(c).) If requested to do so, EPA will States and one protectorate. It is based year from State plan approval to hold a public hearing in Research on information collected from State and comply, or in the case of the Federal Triangle Park, NC. A record of the Federal databases, information plan, more than 1 year after public hearing, if any, will appear in collection request survey responses, and promulgation of the final Federal plan. Docket A–2000–52. If a public hearing stakeholder meetings during the (See 40 CFR 60.24(e)(1).) Increments of is requested and held, EPA will ask development of the CISWI emission progress are included to ensure that clarifying questions during the oral guidelines. The EPA recognizes that this each CISWI unit needing more time to presentation but will not respond to the list may not be complete. Therefore, comply is making progress toward presentations or comments. Written sources potentially subject to this meeting the emission limits. statements and supporting information Federal plan may include, but are not For CISWI units that need more than submitted during the public comment limited to, the CISWI units listed in the 1 year to comply, the proposed CISWI period will be considered with inventory memorandum in docket Federal plan includes in its compliance equivalent weight as any oral statement number A–2000–52. Any CISWI unit schedule two increments of progress and supporting information that meets the applicability criteria in from 40 CFR 60.21(h), as allowed by 40 subsequently presented at a public the Federal plan rule is subject to the CFR 60.24(e)(1) and required by 40 CFR hearing, if held. Federal plan, regardless of whether it is part 60, subpart DDDD (§ 60.2575). The J. Progress Reports listed in the inventory. States, Tribes, or Federal plan includes defined and individuals are invited to identify enforceable dates for completion of each Under the Federal plan, the EPA additional sources for inclusion to the increment. These increments of progress Regional Offices will prepare annual list during the comment period for this are (1) submit final control plan, and (2) progress reports to show progress of proposal. achieve final compliance. The proposed CISWI units in the Region toward implementation of the emission C. Inventory of Emissions increments of progress are described in section IV.E of this preamble. guidelines. (See 40 CFR 60.25(e).) States The proposed Federal plan includes or Tribes that have been delegated the an emissions estimate for CISWI units F. Waste Management Plan authority to implement and enforce this subject to the emission guidelines. (See Requirements Federal plan would also be required to 40 CFR 60.25(a).) The pollutants to be A waste management plan is a written submit annual progress reports to the inventoried are dioxins/furans, plan that identifies both the feasibility appropriate EPA Regional Office. cadmium (Cd), lead (Pb), mercury (Hg), and the methods used to reduce or Appendix D of 40 CFR part 60 particulate matter (PM), hydrogen separate certain components of solid requires reporting of emissions data to chloride (HCl), oxides of nitrogen waste from the waste stream to reduce the Aerometric Emissions Information (NOX), carbon monoxide (CO), and or eliminate toxic emissions from Retrieval System (AIRS)/AIRS Facility sulfur dioxide (SO2). For this proposal, incinerated waste. The waste Subsystem(AFS). These reports can be EPA has estimated the emissions from management plan must be submitted no combined with the State each known CISWI unit that potentially later than the date six months after implementation plan report required by may be covered by the Federal plan for promulgation of the CISWI Federal plan 40 CFR 51.321 in order to avoid double the nine pollutants regulated by the in the Federal Register. Sections reporting. Under the proposed Federal Federal plan. 62.14580 through 62.14590 of subpart III plan, EPA Regional Offices would report The emissions inventory is based on contain the waste management plan AIRS emissions data. If a State or Tribe available information about the CISWI requirements. has been delegated the authority to units, emission factors, and typical implement and enforce the Federal emission rates developed for calculating G. Testing, Monitoring, Recordkeeping, plan, the State or Tribe would report nationwide air impacts of the CISWI and Reporting emissions data to AIRS. emission guidelines and the Federal The proposed Federal plan includes Each progress report must include the plan. Refer to the inventory testing, monitoring, recordkeeping, and following items: (1) Status of memorandum in docket number A– reporting requirements. (See 40 CFR enforcement actions; (2) status of 2000–52 for the complete emissions 60.25.) Testing, monitoring, increments of progress; (3) identification

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of sources that have shut down or technical reports on any performance required to meet the emission started operation; (4) emission inventory testing and monitoring. limitations specified in Table 1. See data for sources that were not in section IV.E of this preamble for a IV. Summary of CISWI Federal Plan operation at the time of plan discussion of the compliance schedule. development, but that began operation A. What Emission Limitations Must I during the reporting period; (5) Meet? additional data as necessary to update previously submitted source and As the owner or operator of an emission information; and (6) copies of existing CISWI unit, you will be

TABLE 1.—EMISSION LIMITATIONS FOR EXISTING CISWI UNITS

For these pollutants You must meet these emission limitations a And determine compliance using these methods b

Cadmium ...... 0.004 mg/dscm ...... EPA Method 29 Carbon Monoxide ...... 157 ppm ...... EPA Methods 10, 10A, or 10B Dioxins/Furans, toxic equiva- 0.41 ng/dscm ...... EPA Method 23 lent (TEQ) basis. Hydrogen Chloride ...... 62 ppm by dry volume ...... EPA Method 26A Lead ...... 0.04 mg/dscm ...... EPA Method 29 Mercury ...... 0.47 mg/dscm ...... EPA Method 29 Opacity ...... 10 percent ...... EPA Method 9 Oxides of Nitrogen ...... 388 ppm by dry volume ...... EPA Method 7, 7A, 7C, 7D, or 7E Particulate Matter ...... 70 mg/dscm ...... EPA Method 5 or 29 Sulfur Dioxide ...... 20 ppm by dry volume ...... EPA Method 6 or 6c a All emission limitations (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions. b These methods are in 40 CFR part 60, appendix A.

B. What Operating Limits Must I Meet? you will be required to establish the CISWI unit and wet scrubber so that the maximum and minimum site-specific operating parameters do not deviate If you are using a wet scrubber to operating limits indicated in Table 2. from the established operating limits. comply with the emission limitations, You will be required to operate the

TABLE 2.—OPERATING LIMITS FOR EXISTING CISWI UNITS USING WET SCRUBBERS

For these operating param- eters You must establish these operating limits And monitor continuously using these recording times

Charge rate ...... Maximum charge rate ...... Every hour Pressure drop across the Minimum pressure drop or amperage ...... Every 15 minutes wet scrubber, or amper- age to the wet scrubber. Scrubber liquor flow rate ...... Minimum flow rate ...... Every 15 minutes For these operating param- You must establish these operating limits...... And monitor continuously using these recording times eters. Scrubber liquor pH ...... Minimum pH ...... Every 15 minutes

NOTE: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators, which is determined on a daily basis.

If you are using an air pollution C. What Are the Requirements for Air and sulfur dioxide and establish control device other than a wet scrubber Curtain Incinerators? operating limits (i.e., maximum or to comply with the emission limitations, The Federal plan will establish minimum values for operating you will be required to petition the opacity limitations for air curtain CISWI parameters). The initial performance Administrator for other site-specific units burning 100 percent wood wastes test must be conducted within 180 days operating limits to be established during and/or clean lumber. This opacity after the date the facility is required to the initial performance test and limitation will be 10 percent, except 35 achieve final compliance. continuously monitored thereafter. The percent opacity will be allowed during The owner or operator will be required components of the petition are start-up periods that are within the first required to conduct annual performance described in § 62.14640 of subpart III. 30 minutes of operation. tests for particulate matter, hydrogen chloride, and opacity. (An owner or If you are using a fabric filter to D. What Are the Testing, Monitoring, operator may conduct less frequent comply with the emission limitations, Inspection, Recordkeeping, and testing if the facility demonstrates that in addition to other operating limits as Reporting Requirements? it is in compliance with the emission approved by the Administrator, you The owner or operator of a CISWI unit limitations for 3 consecutive years.) must operate the fabric filter system subject to the CISWI Federal plan will To assure ongoing achievement of the such that the bag leak detection system be required to conduct initial Federal plan’s provisions, an owner or alarm does not sound more than 5 performance tests for cadmium, dioxins/ operator using a wet scrubber to comply percent of the operating time during any furans, hydrogen chloride, lead, with the emission limitations will 6-month period. mercury, opacity, particulate matter, continuously monitor the following

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operating parameters: charge rate, reach final compliance to submit a compliance schedule for HMIWI units. pressure drop across the wet scrubber request to the Administrator that Most CISWI units are similar in size to (or amperage), and scrubber liquid flow documents the need for an extension. HMIWI units. In addition, CISWI units rate and pH. If something other than a To meet the increment 1 requirement, would require similar controls to meet wet scrubber is used to comply with the the owner or operator of each CISWI the CISWI Federal plan emission limits emission limitations, the owner or unit must submit a final control plan as HMIWI units would need to meet the operator will be required to monitor that includes five items: (1) A HMIWI Federal plan emission limits. To other operating parameters, as approved description of the air pollution control determine the compliance schedule for by the Administrator. devices and/or process changes that will HMIWI units, EPA conducted case If the owner or operator is using a be employed so that each CISWI unit studies of eight HMIWI units that fabric filter to comply with the emission complies with the emission limits and completed retrofits of the types of limitations, in addition to other other requirements, (2) a list of the types controls needed to meet the HMIWI operating limits as approved by the of waste burned, (3) the maximum Federal plan (64 FR 36430, July 6, Administrator, the owner or operator design waste burning capacity, (4) the 1999). Based on these case studies must install and continuously operate a anticipated maximum charge rate, and, (Docket No. A–98–24, II–A–1), EPA bag leak detection system. The owner or (5) if applicable, the petition for site- found that many HMIWI units can meet operator must keep records of periods specific operating limits. A final control the requirements of the Federal plan when the alarm sounds and calculate plan is not required for units that will within 1 year. Similarly, many CISWI whether these periods are more than 5 be shut down, but those units must units could meet a 1-year schedule. percent of the operating time for each 6- close by 1 year after the final rule is We expect that some CISWI units month period. The owner or operator published or must submit a closure could need more than 1 year to comply, will be required to submit information agreement by 6 months after the final as did some HMIWI units, due to site- documenting compliance with these rule is published, close no later than 2 specific circumstances. For units that requirements as part of an annual years after the rule is published, and cannot comply within 1 year, the report; and report deviations semi- meet other requirements as described in proposed Federal plan establishes annually. section V.A. of this preamble. increments of progress, as required by In addition, the Federal plan will To meet the second increment of subpart B. The proposed date for the require CISWI unit owners and progress, the owner or operator of each first increment of progress, submittal of operators to maintain for 5 years records CISWI unit must incorporate all process a final control plan, is 6 months after of the initial performance tests and all changes or complete retrofit publication of the final Federal plan in subsequent performance tests, operating construction in accordance with the the Federal Register. The proposed date parameters, any maintenance, and final control plan. The owner or for the second increment of progress, operator training and qualification. The operator must connect the air pollution final compliance, is 2 years after owner or operator will submit the control equipment or process changes publication of the final Federal plan in results of the initial performance tests such that when the CISWI unit is the Federal Register. These increments and all subsequent performance tests brought on line all necessary process are derived from the findings of the case and values for the operating parameters changes or air pollution control studies performed to characterize the in annual reports. equipment will operate as designed. retrofit of control systems for hospital medical and infectious waste (HMIWI) E. What Is the Compliance Schedule? F. How Did EPA Determine the incinerators (Docket A–98–24, Item II– Compliance Schedule? Each CISWI unit will be required to A–1). The size and design of CISWI are either: (1) Reach final compliance by the The EPA determined the compliance similar to the smaller HMIWI that were date 1 year after publication of the final schedule based on the requirements of the subjects of the case studies. In rule in the Federal Register, or (2) meet 40 CFR part 60, subpart B and the particular, most units are small and increments of progress and reach final feasibility of owners or operators to controls will be ordered ‘‘off-the-shelf’’ compliance by the date 2 years after retrofit combustion units with air as assembled packages. Thus, the publication of the final rule in the pollution control devices. CISWI units Agency did not see a need for Federal Register. In addition, the owner must comply within 1 year after increments to address details of on-site or operator must comply with the publication of the final Federal plan or construction and installation of control operator training and qualification meet increments of progress. The systems. Also, CISWI sites are not requirements and inspection requirement to reach final compliance thought to have the problems with space requirements by the date 1 year after within 1 year is consistent with 40 CFR and access that were concerns for publication of the final rule in the 60.24(c) of subpart B. Subpart B requires HMIWI retrofits. In addition, CISWI Federal Register, regardless of when the final compliance to be ‘‘as expeditiously units have the time between publication CISWI unit reaches final compliance. as practicable* * *’’ and requires of this proposed rule and publication of Each owner or operator that takes increments of progress if the compliance the final rule in the Federal Register to more than 1 year to reach final schedule is longer than 1 year. begin developing the final control plan compliance must submit a final control The EPA believes that many CISWI and to initiate retrofit activities. plan (increment 1) by the date 6 months units can reach final compliance within The proposed rules do not include after publication of the final rule for this 1 year after promulgation of the Federal increments of progress for air curtain Federal plan in the Federal Register and plan based on their similarity to HMIWI incinerators (ACI). Air curtain reach final compliance (increment 2) by units. In addition to the 1 year after incinerators must comply with the the date 2 years after publication of the promulgation of the Federal plan, units requirements of the Federal plan one final rule in the Federal Register. To could use the time between this year after the date of promulgation of ensure timely progress towards proposed rule and promulgation of the the final rule. Delaying implementation implementation of the Federal plan, the final Federal plan to plan and begin for ACI would not be appropriate proposed rules include a requirement retrofits. because there will be little or no need for owners or operators of CISWI units The proposed compliance schedule for the installation of control equipment seeking to take an additional year to for CISWI units is similar to the on these units(Primarily because control

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equipment is typically infeasible for 1. Restarting Before The Final Also, in section 111(d) of the CAA, ACI). Compliance with the opacity Compliance Date Congress explicitly required that EPA limits applicable to this class of units If the owner or operator of an inactive establish procedures that are similar to would primarily be achieved by good CISWI unit plans to restart before the those under section 110(c) for State operation and maintenance practices. final compliance date, the owner or Implementation Plans. Although This approach is consistent with the operator must submit a control plan for Congress required EPA to propose and proposed requirement for completion of the CISWI unit and meet the applicable promulgate a Federal plan for States that CISWI operator training by the date one compliance schedule. Final compliance fail to submit approvable State plans on year after promulgation of the final rule. is required for all pollutants and all time, States and Tribes may submit CISWI units no later than the final approvable plans after promulgation of V. CISWI That Have or Will Shut Down compliance date. (See section IV.E for the CISWI Federal plan. The EPA A. Units That Plan To Close Rather the discussion on compliance schedules strongly encourages States that are unable to submit approvable plans to Than Comply and increments of progress.) request delegation of the Federal plan so If you plan to permanently close your 2. Restarting After The Final that they can have primary currently operating CISWI unit, you Compliance Date responsibility for implementing the must do one of the following: (a) close Under this proposed Federal plan, a emission guidelines, consistent with by the date 1 year after publication of control plan would not be needed for Congress’ intent. the final rule for this Federal plan in the inactive CISWI units that restart after Approved and effective State plans or Federal Register, or (b) submit a legally the final compliance date. However, delegation of the Federal plan is EPA’s preferred outcome since EPA believes binding closure agreement, including before restarting, such CISWI units that State and local agencies not only the date of closure, to the Administrator would have to complete the operator have the responsibility to carry out the by the date 6 months after publication training and qualification requirements emission guidelines, but also have the of the final rule in the Federal Register. and inspection requirements (if applicable) and complete retrofit or practical knowledge and enforcement The closure agreement must specify the resources critical to achieving the date by which operation will cease. The process modifications. Performance testing to demonstrate compliance highest rate of compliance. For these closure date cannot be later than the reasons, EPA will do all that it can to final compliance date of the CISWI would be required within 180 days after restarting. There would be no need to expedite delegation of the Federal plan Federal plan (2 years after publication of to State and local agencies, whenever the final rule in the Federal Register). show that the increments of progress have been met since these steps would possible. If you close your CISWI unit after the The EPA also believes that Indian have occurred before restart while the date 1 year after publication of the final Tribes should be the primary parties CISWI unit was shut down and not rule in the Federal Register, but before responsible for regulating air quality generating emissions. A CISWI unit that the date 2 years after publication of the within Indian country, if they desire to operates out of compliance after the final rule in the Federal Register, then do so. See EPA’s Indian Policy (‘‘Policy final compliance date would be in you must comply with the operator for Administration of Environmental violation of the Federal plan and subject training and qualification requirements Programs on Indian Reservations,’’ to enforcement action. by the date 1 year after publication of signed by William D. Ruckelshaus, the final rule in the Federal Register. In VI. Implementation of the Federal Plan Administrator of EPA, dated November addition, while still in operation, you and Delegation 4, 1984), reaffirmed in a 2001 are subject to the same requirements for memorandum (‘‘EPA Indian Policy,’’ A. Background of Authority title V operating permits that apply to signed by Christine Todd Whitman, units that will not shut down. Under sections 111(d) and 129(b) of Administrator of EPA, dated July the CAA, EPA is required to adopt 11,2001). B. Inoperable Units emission guidelines that are applicable B. Delegation of the Federal Plan and In cases where a CISWI unit has to existing solid waste incineration sources. These emission guidelines are Retained Authorities already shut down, has been rendered not enforceable until EPA approves a If a State or Indian Tribe intends to inoperable, and does not intend to State or Tribal plan or adopts a Federal take delegation of the Federal plan, the restart, the CISWI unit may be left off plan that implements and enforces State or Indian Tribe must submit to the the source inventory in a State, Tribal, them, and the State, Tribal, or Federal appropriate EPA Regional Office a or this Federal plan. A CISWI unit that plan has become effective. As discussed written request for delegation of has been rendered inoperable would not above, the Federal plan regulates CISWI authority. The State or Indian Tribe be covered by the Federal plan. The units in a State or Tribal area that does must explain how it meets the criteria CISWI owner or operator may do the not have an EPA-approved plan for delegation. See generally ‘‘Good following to render a CISWI unit currently in effect. Practices Manual for Delegation of NSPS inoperable: (1) Weld the waste charge Congress has determined that the and NESHAP’’ (EPA, February 1983). In door shut, (2) remove stack (and by-pass primary responsibility for air pollution order to obtain delegation, an Indian stack, if applicable), (3) remove prevention and control rests with State Tribe must also establish its eligibility combustion air blowers, or (4) remove and local agencies. See section 101(a)(3) to be treated in the same manner as a burners or fuel supply appurtenances. of the CAA. Consistent with that overall State (see section IV.E.1 of this C. CISWI Units That Have Shut Down determination, Congress established preamble). The letter requesting sections 111 and 129 of the CAA with delegation of authority to implement the CISWI units that are known to have the intent that the States and local Federal plan must demonstrate that the already shut down (but are not known agencies take the primary responsibility State or Tribe has adequate resources, as to be inoperable) will be included in the for ensuring that the emission well as the legal and enforcement source inventory and identified in any limitations and other requirements in authority to administer and enforce the State or Tribal plan submitted to EPA. the emission guidelines are achieved. program. A memorandum of agreement

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between the State or Tribe and EPA authority to implement certain portions programs and which elements of the would set forth the terms and of this Federal plan to the extent program they will adopt. Consistent conditions of the delegation, the appropriate and if allowed by State or with the approach of the Tribal effective date of the agreement, and Tribal law. Both of these options are Authority Rule, EPA may choose to would also serve as the mechanism to described in more detail below. delegate a partial Federal plan (i.e., to transfer authority. Upon signature of the delegate authority for some functions 1. Federal Plan Becomes Effective Prior agreement, the appropriate EPA needed to carry out the plan) in to Approval of a State or Tribal Plan Regional Office would publish an appropriate circumstances and where approval notice in the Federal Register, After CISWI units in a State or Tribal consistent with Tribal law. thereby incorporating the delegation area become subject to the Federal plan, Both States and Tribal agencies, that authority into the appropriate subpart of the State or Tribal agency may still have taken delegation, as well as EPA, 40 CFR part 62. adopt and submit a plan to EPA. If EPA will have responsibility for bringing If authority is not delegated to a State determines that the State or Tribal plan enforcement actions against sources or Indian Tribe, EPA will implement the is as protective as the emission violating Federal plan provisions. Federal plan. Also, if a State or Tribe guidelines, EPA will approve the State However, EPA recognizes that Tribes fails to properly implement a delegated or Tribal plan. If EPA determines that have limited criminal enforcement portion of the Federal plan, EPA will the plan is not as protective as the authority, and EPA will address in the assume direct implementation and emission guidelines, EPA will delegation agreement with the Tribe enforcement of that portion. The EPA disapprove the plan and the CISWI how criminal enforcement issues are will continue to hold enforcement units covered in the State or Tribal plan referred to EPA. would remain subject to the Federal authority along with the State or Tribe D. Implementing Authority even when a State or Tribe has received plan until a State or Tribal plan delegation of the Federal plan. In all covering those CISWI units is approved The EPA will delegate authority cases where the Federal plan is and effective. within the Agency to the EPA Regional delegated, EPA will retain and will not Upon the effective date of an Administrators to implement the CISWI transfer authority to a State or Tribe to approved State or Tribal plan, the Federal plan. All reports required by approve the following items: Federal plan would no longer apply to this Federal plan should be submitted to (1) Alternative site-specific operating CISWI units covered by such a plan, and the appropriate Regional Office parameters established by facilities the State or Tribal agency would Administrator. Table 1 under using CISWI controls other than a wet implement and enforce the State or Supplementary Information lists the scrubber (§ 62.14640 of subpart III), Tribal plan in lieu of the Federal plan. names and addresses of the EPA (2) Alternative methods of When an EPA Regional Office approves Regional Office contacts and the States demonstrating compliance, a State or Tribal plan, it will amend the that they cover. appropriate subpart of 40 CFR part 62 to (3) Alternative requirements that E. CISWI Federal Plan and Indian indicate such approval. could change the stringency of the Country underlying standard, which are likely to 2. State or Tribe Takes Delegation of the The term ‘‘Indian country,’’ as used in be nationally significant, or which may Federal Plan require a national rulemaking and this preamble, means (1) all land within subsequent Federal Register notice. The The EPA, in its discretion, may the limits of any Indian reservation following authorities may not be delegate to State or eligible Tribal under the jurisdiction of the United delegated to the State, Tribal or local agencies the authority to implement this States government, notwithstanding the agencies: Approval of alternative non- Federal plan. As discussed above, EPA issuance of any patent, and including opacity emission standards, approval of believes that it is advantageous and the rights-of-way running through the alternative opacity standard, approval of best use of resources for State or Tribal reservation; (2) all dependent Indian major alternatives to test methods, agencies to agree to undertake, on EPA’s communities within the borders of the approval of major alternatives to behalf, the administrative and United States whether within the monitoring, and waiver of substantive roles in implementing the original or subsequently acquired recordkeeping and reporting; and Federal plan to the extent appropriate territory thereof, and whether within or (4) Petitions to the Administrator to and where authorized by State or Tribal without the limits of a State; and (3) all add a chemical recovery unit to law. If a State requests delegation, EPA Indian allotments, the Indian titles to § 62.14525(n) of subpart III. will generally delegate the entire which have not been extinguished, CISWI owners or operators who wish Federal plan to the State agency. These including rights-of-way running through to establish alternative operating functions include administration and the same. parameters or alternative methods of oversight of compliance reporting and The CISWI Federal plan would apply demonstrating compliance should recordkeeping requirements, CISWI throughout Indian country to ensure submit a request to the Regional Office inspections, and preparation of draft that there is not a regulatory gap for Administrator with a copy to the notices of violation. existing CISWI units in Indian country. appropriate State or Tribe. The EPA also believes that it is the However, eligible Indian tribes now best use of resources for Tribal agencies have the authority under the CAA to C. Mechanisms for Transferring to undertake a role in the develop Tribal plans in the same Authority implementation of the Federal plan. The manner that States develop State plans. There are two mechanisms for Tribal Authority Rule issued on On February 12, 1998, EPA promulgated transferring implementation authority to February 12, 1998 (63 FR 7254) provides regulations that outline provisions of State or Tribal agencies: (1) EPA Tribes the opportunity to develop and the CAA for which it is appropriate to approval of a State or Tribal plan after implement Clean Air Act programs. treat Tribes in the same manner as the Federal plan is in effect; and (2) if However, due to resource constraints States. See 63 FR 7254 (Final Rule for a State or Tribe does not submit or and other factors unique to Tribal Indian Tribes: Air Quality Planning and obtain approval of its own plan, EPA governments, it leaves to the discretion Management, (Tribal Authority Rule)) delegation to a State or Tribe of the of the Tribe whether to develop these (codified at 40 CFR part 49). As of

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March 16, 1998, the effective date of the Air Act programs in Indian country is prepare and submit a complete title V Tribal Authority Rule, EPA has had discussed in more detail in the Tribal application and the permitting authority authority under the CAA to approve Authority Rule. See 63 FR at 7262–7263. would have to issue a permit to this Tribal programs such as Tribal plans to As mentioned previously, Tribes may, source in a very short period of time.3 implement and enforce the CISWI but are not required to, submit a CISWI As a result of EPA’s interpretation, emission guidelines. plan under section 111(d) of the CAA. existing CISWI units must submit complete title V applications by the 1. Tribal Implementation 3. Applicability in Indian Country later of the following dates: Not later Section 301(d) of the CAA authorizes The Federal plan would apply than 36 months after the promulgation the Administrator to treat an Indian throughout Indian country except where of 40 CFR part 60, subpart DDDD or by tribe as a State under certain an EPA-approved plan already covers an the effective date of the State, Tribal, or circumstances. The Tribal Authority area of Indian country. This approach is Federal title V operating permits Rule, which implements section 301(d) consistent with EPA’s implementation program that covers the area in which of the CAA, identifies provisions of the of the Federal Operating Permits the unit is located. As of today’s CAA for which it is appropriate to treat program in Indian country (see 64 FR proposal, all areas of the country are a Tribe as a State. (See 40 CFR 49.3 and 8247 (February 19, 1999)). covered by effective title V programs. As 49.4.) Under the Tribal Authority Rule, VII. Title V Operating Permits a result, the relevant section 129(e) date a Tribe may be treated as a State for for existing CISWI units is 36 months purposes of this Federal plan. If a Tribe Except for the sources specified in following promulgation of 40 CFR part meets the criteria below, EPA can section 62.14830 of this proposed rule, 60, subpart DDDD, i.e., December 1, delegate to an Indian tribe authority to sources subject to this CISWI Federal 2003. Therefore, December 1, 2003 is implement the Federal plan in the same plan must obtain title V operating the latest possible date by which way it can delegate authority to a State: permits. These title V operating permits complete applications for existing (1) The applicant is an Indian tribe must assure compliance with all CISWI units can be submitted and still recognized by the Secretary of the applicable requirements for these be considered timely. This date applies Interior; sources, including all applicable regardless of when the CISWI Federal (2) The Indian tribe has a governing requirements of this Federal plan. See plan becomes effective or when an EPA body carrying out substantial 40 CFR 70.6(a)(1), 70.2, 71.6(a)(1) and approved section 111(d)/129 plan for 71.2. governmental duties and functions; existing CISWI units becomes effective. Owners or operators of section 129 (3) The functions to be exercised by If, however, an earlier application the Indian tribe pertain to the sources (including CISWI units) subject to standards or regulations under deadline applies to an existing CISWI management and protection of air unit, then this deadline must be met in resources within the exterior boundaries sections 111 and 129 must operate pursuant to a title V permit not later order for the unit to be in compliance of the reservation or other areas within with section 502(a) of the CAA. To the tribe’s jurisdiction; and than 36 months after promulgation of emission guidelines under sections 111 determine when an application is due (4) The Indian tribe is reasonably for an existing CISWI unit, section expected to be capable, in the EPA and 129 or by the effective date of the State, Tribal, or Federal title V operating 129(e) of the CAA must be read in Regional Administrator’s judgment, of conjunction with section 503(c) of the carrying out the functions to be permits program that covers the area in which the unit is located, whichever is CAA. exercised in a manner consistent with As stated in section 503(c), a source the terms and purposes of the CAA and later. The EPA has interpreted section 129(e) to be consistent with section has up to 12 months to apply for a title all applicable regulations. (See 40 CFR V permit once it becomes subject to a 49.6.) 503(d) of the CAA and 40 CFR 70.7(b) 4 and 71.7(b). (See, e.g., the final Federal title V permitting program. For 2. EPA Implementation Plan for Hospital/Medical/Infectious example, if an existing CISWI unit The CAA also provides EPA with the Waste Incinerators, August 15, 2000 (65 3 For example, in the absence of such an authority to administer Federal FR 49868, 49878)). Section 503(d) of the interpretation, if a final Federal plan were to programs in Indian country. This CAA and 40 CFR 70.7(b) and 71.7(b) become effective more than 24 months after the authority is based in part on the general allow a source to operate without being promulgation of emission guidelines promulgated purpose of the CAA, which is national in violation of title V once the source under sections 111 and 129, a source, if subject to has submitted a timely and complete the Federal plan, would have less than 12 months in scope. Section 301(a) of the CAA to prepare and submit a complete title V permit provides EPA broad authority to issue permit application, even if the source application and to have the permit issued. EPA’s regulations that are necessary to carry has not yet received a final title V interpretation allows section 129(e) to be read out the functions of the CAA. Congress operating permit from the permitting consistently with section 503(d) of the Act and 40 authority.2 As a result, EPA interprets CFR 70.7(b) and 71.7(b). EPA’s interpretation is also intended for EPA to have the authority consistent with section 503(c) of the Act which to operate a Federal program when the dates in section 129(e) to be the requires sources to submit title V applications not Tribes choose not to develop a program, dates by which complete title V later than 12 months after becoming subject to a do not adopt an approvable program, or applications need to be submitted. In title V permits programs. If a permit as opposed to the absence of such an interpretation, a a title V application were required by the later of fail to adequately implement an air the two deadlines specified in section 129(e), some program authorized under section section 129 source may be required to section 129 sources would be required to have been 301(d) of the CAA. issued final title V permits in potentially much less Section 301(d)(4) of the CAA 2 A title V application should be submitted early time than allotted for non-section 129 sources to enough for the permitting authority to find the submit their title V applications. authorizes the Administrator to directly application either complete or incomplete before 4 If a source is subject to title V for more than one administer provisions of the CAA to the title V application deadline. In the event the reason, the 12-month time frame for submitting a achieve the appropriate purpose where application is found incomplete by the permitting title V application is triggered by the requirement Tribal implementation is not authority, the source must submit the information which first causes the source to become subject to needed to make the application complete by the title V. As provided in section 503(c) of the CAA, appropriate or administratively not application deadline in order to obtain the permitting authorities may establish permit feasible. The EPA’s interpretation of its application shield. See 40 CFR 62.14835(b) and 40 application deadlines earlier than the 12-month authority to directly implement Clean CFR 70.5(a)(2) and 71.5(a)(2). deadline.

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becomes subject to a title V permitting including the applicable requirements title V permit. See 40 CFR 70.6(a)(1), program for the first time on the of this Federal plan in accordance with 70.2, 71.6(a)(1) and 71.2. effective date of this Federal plan, then 40 CFR 70.5(b) or 71.5(b). If an existing The EPA has recently become aware the source must apply for a title V CISWI unit is a major source or is part that there has been some confusion permit within 12 months of the effective of a major source, is subject to this regarding the Title V obligations of date of this Federal plan in order to Federal plan, and is already covered by section 129 sources that are subject to operate after this date in compliance a title V permit with a remaining permit standards or regulations under sections with Federal law. term of 3 or more years on the effective 111 and 129. We are therefore including An application deadline earlier than date of this Federal plan, then the owner the following chart to help clarify when either of the two dates noted above, i.e., or operator will receive from his CISWI units (even those not subject to December 1, 2003 or not later than 12 permitting authority a notice of intent to months after the effective date of this this Federal plan) must apply for a title reopen his source’s title V permit to V permit. While the following chart Federal plan, may apply to an existing include the requirements of this Federal CISWI unit if it is subject to title V for provides specific information relative to plan. Reopenings required for such more than one reason. For example, an CISWI units, the same title V obligations CISWI units must be completed not later existing CISWI unit may already be apply to all section 129 sources subject than 18 months after the effective date subject to title V as a result of being a to standards or regulations under major source under one or more of three of this Federal plan in accordance with sections 111 and 129. Of course, specific major source definitions in title V— the procedures established in 40 CFR deadlines will vary for other section 129 section 112, section 302, or part D of 70.7(f)(1)(i) or 71.7(f)(1)(i). If an existing sources depending on when the relevant title I of the CAA. See 40 CFR 70.3(a)(1) CISWI unit subject to this Federal plan NSPS is promulgated, when the relevant and 71.3(a)(1) (subjecting major sources does not meet the above criteria, e.g., State or Tribal section 111(d)/129 plan to title V permitting) and 40 CFR 70.2 the unit is part of a nonmajor source or is approved by EPA and becomes and 71.2 (defining major source for is covered by a permit which has a effective, etc. Lastly, the following table purposes of title V). See also 40 CFR remaining term of less than 3 years on takes into account that as of the 70.3(a) and (b) and 71.3(a) and (b) for a the effective date of this Federal plan, promulgation date, i.e., December 1, list of the applicability criteria which then the permitting authority does not 2000, for the NSPS (subpart CCCC of trigger the requirement to apply for a need to reopen the source’s permit, as part 60) and emission guidelines title V permit. a matter of Federal law, to include the (subpart DDDD of part 60) for CISWI If an owner or operator is already requirements of this Federal plan.5 units, every area of the country was subject to title V by virtue of some However, the owner or operator of a covered by a title V permits program requirement other than this Federal plan source subject to a section 111/129 under 40 CFR part 70 or part 71. This and has submitted a timely and Federal plan remains subject to, and point is relevant because a section 111/ complete permit application, but the must act in compliance with, section 129 standard cannot trigger the draft title V permit has not yet been 111/129 requirements and all other requirement for a source to apply for a released by the permitting authority, applicable requirements to which the title V permit unless a title V permits then the owner or operator must source is subject regardless of whether program is in effect in the area in which supplement his title V application by these requirements are included in a the source is located.

Title V Permit Application Deadlines

If a CISWI unit is a major source or is part of a major source, Then a complete title V application which covers the entire source 6 is and had commenced operation as of the effective date of the due not later than 12 months (or earlier if required by the title V per- relevant title V permits program, mitting authority) after the effective date of the relevant title V permits program. See CAA section 503(c) and 40 CFR 70.4(b)(11)(i), 71.4(i)(1), 70.5(a)(1)(i) and 71.5(a)(1)(i).

If a CISWI unit is a major source or is part of a major source, Then a complete title V application which covers the entire source is but did not commence operation until after the relevant title due not later than 12 months (or earlier if required by the title V per- V permits program became effective, mitting authority) after the date the source commences operation. See CAA section 503(c) and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).

5 See CAA section 502(b)(9); 40 CFR 70.7(f)(1)(i) and 71.7(f)(1)(i). Owners or operators of CISWI units, which have been permitted and are subject to this Federal plan, may wish to consult their operating permits program regulations or permitting authorities to determine whether their permits must be reopened to incorporate the requirements of this Federal plan.

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If a CISWI unit is a nonmajor source or is part of a nonmajor Then a complete title V application 7 is due not later than 12 months source, is subject to the CISWI NSPS (subpart CCCC of 40 after subpart CCCC was promulgated, i.e., December 1, 2001 (or earlier CFR part 60), and had commenced operation as of December if required by the title V permitting authority). See CAA section 503(c) 1, 2000, and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).

If a CISWI unit is a nonmajor source or is part of a nonmajor Then a complete title V application 7 is due not later than 12 months (or source, is subject to the CISWI NSPS (subpart CCCC of 40 earlier if required by the title V permitting authority) after the date the CFR part 60), but did not commence operation until after De- source commences operation. See CAA section 503(c) and 40 CFR cember 1, 2000, 70.5(a)(1)(i) and 71.5(a)(1)(i).

If a CISWI unit is a nonmajor source or is part of a nonmajor Then a complete title V application is due not later than 12 months (or source, and is subject to an EPA approved and effective State earlier if required by the title V permitting authority) after the effective or Tribal section 111(d)/129 plan, date of the EPA approved State or Tribal section 11(d)/129 plan.8 See CAA section 503(c) and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i). In no event, however, can such an existing CISWI unit submit a complete title V application after December 1, 2003 and have it be considered timely. See CAA section 129(e) and 40 CFR 62.14835 of subpart III.

If a CISWI unit is a nonmajor source or is part of a nonmajor Then a complete title V application is due not later than 12 months (or source, and is subject to the CISWI Federal plan (subpart III of earlier if required by the title V permitting authority) after the effective 40 CFR part 62), date of 40 CFR part 62, subpart III. See CAA section 503(c) and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i). In no event, however, can such an existing CISWI unit submit a complete title V application after Decem- ber 1, 2003 and have it be considered timely. See CAA section 129(e) and 40 CFR 62.14835 of subpart III.

If a CISWI unit is required to obtain a title V permit due to trig- Then a complete title V application is due not later than 12 months (or gering more than one of the applicability criteria listed above earlier if required by the title V permitting authority) after the unit or in 40 CFR 70.3(a) or 71.3(a), triggers the criterion which first caused the unit to be subject to title V. See CAA section 503(c) and 40 CFR 70.3(a) and (b), 70.5(a)(1), 71.3(a) and (b) and 71.5(a)(1). In no event, however, can an existing CISWI unit submit a complete title V application after December 1, 2003 and have it be considered timely. See CAA section 129(e) and 40 CFR 62.14835 of subpart III.

Reopening Title V Permits

If a CISWI unit is a major source or is part of a major source, is Then the title V permitting authority must complete a reopening of the subject to the CISWI NSPS (subpart CCCC of 40 CFR part 60), source’s title V permit to incorporate the requirements of 40 CFR part and is covered by a title V permit with a remaining permit 60, subpart CCCC not later than June 1, 2002. See CAA section term of 3 or more years on December 1, 2000, 502(b)(9); 40 CFR 70.7(f)(1)(i) and 71.7(f)(1)(i).

If a CISWI unit is a major source or is part of a major source, is Then the title V permitting authority must complete a reopening of the subject to an EPA approved and effective State or Tribal sec- source’s title V permit to incorporate the requirements of this EPA ap- tion 111(d)/129 plan for CISWI units, and is covered by a title proved and effective section 111(d)/129 plan not later than 18 months V permit with a remaining term of 3 or more years on the ef- after the effective date of this plan. See CAA section 502(b)(9); 40 CFR fective date of the EPA approved section 111(d)/129 plan, 70.7(f)(1)(i) and 71.7(f)(1)(i).

If a CISWI unit is a major source or is part of a major source, is Then the title V permitting authority must complete a reopening of the subject to the CISWI Federal plan (supbart III of 40 CFR part source’s title V permit to incorporate the requirements of subpart III of 62), and is covered by a title V permit with a remaining per- 40 CFR part 62 not later than 18 months after the effective date of the mit term of 3 or more years on the effective date of this Fed- CISWI Federal plan. See CAA section 502(b)(9); 40 CFR 70.7(f)(1)(i) eral plan, and 71.7(f)(1)(i).

Updating Existing Title V Permit Applications

If a CISWI unit is subject to the CISWI NSPS (subpart CCCC of Then the owner or operator must supplement the title V application by 40 CFR part 60), but first became subject to title V permitting including the applicable requirements of 40 CFR part 60, subpart prior to the promulgation of this NSPS, and the owner or op- CCCC in accordance with 40 CFR 70.5(b) or 71.5(b). erator of the unit has submitted a timely and complete title V permit application, but the draft title V permit has not yet been released by the permitting authority,

If a CISWI unit is subject to an EPA approved and effective Then the owner or operator must supplement the title V application by State or Tribal section 111(d)/129 plan for CISWI units, but including the applicable requirements of the approved and effective first became subject to title V permitting prior to the effective section 111(d)/129 plan in accordance with 40 CFR 70.5(b) or 71.5(b). date of the section 111(d)/129 plan, and the owner or operator of the unit has submitted a timely and complete title V permit application, but the draft title V permit has not yet been re- leased by the permitting authority,

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If a CISWI unit is subject to the CISWI Federal plan (subpart III Then the owner or operator must supplement the title V application by of 40 CFR part 62), but first became subject to title V permit- including the applicable requirements of 40 CFR part 62, subpart III in ting prior to the effective date of this Federal plan, and the accordance with 40 CFR 70.5(b) or 71.5(b). owner or operator of the unit has submitted a timely and complete title V permit application, but the draft title V per- mit has not yet been released by the permitting authority, 6 A title V application from a major source must address all emissions units at the title V source, not just the section 129 emissions unit. See 40 CFR 70.3(c)(1) and 71.3(c)(1). (For information on aggregating emissions units to determine what is a source under title V, see the definition of major source in 40 CFR 70.2, 71.2, and 63.2.) 7 Consistent with 40 CFR 70.3(c)(2) and 71.3(c)(2), a permit application from a nonmajor title V source is only required to address the emissions units which caused the source to be subject to title V. The requirements which trigger the need for the owner or operator of a nonmajor source to apply for a title V permit are found in 40 CFR 70.3(a) and (b) and 71.3(a) and (b). Permits issued to these nonmajor sources must include all of the applicable requirements that apply to the triggering units, e.g., State Implementation Plan requirements, not just the requirements which caused the source to be subject to title V. See footnote #2 in Change to Definition of Major Source rule, No- vember 27, 2001 (66 FR 59161, 59163). 8 If a CISWI unit becomes subject to an approved and effective State or Tribal section 111(d)/129 plan after being subject to an effective Federal plan, the CISWI unit is still required to file a complete title V application consistent with the application deadlines for units sub- ject to the CISWI Federal plan.

Title V and Delegation of a Federal Plan any time a Title V permit was not in permit has been submitted by the During the development of the effect for a source subject to the section source, creating a potential gap. In Federal plan for Hospital/Medical/ 111/129 Federal plan or where the contrast to the example, the two Infectious Waste Incinerators (HMIWI), permit did not contain the applicable mechanisms that EPA has identified for a State agency raised the question of section 111/129 requirements. For transferring authority ensure that a State whether a title V operating permits example, a title V source may be or Tribe can implement and enforce the program could be used as a mechanism allowed to operate without a title V section 111/129 standards at all times. for transferring the authority to permit for a number of years in some Legally, delegation of a standard or implement and enforce section 111/129 cases between the time the source first requirement results in a delegated State requirements from EPA to State and triggers the requirement to apply for a or Tribe standing in for EPA as a matter local agencies. See ‘‘Transfer of permit and the issuance of the permit. of Federal law. This means that Authority’’ section of final Federal plan The preamble to the final HMIWI obligations a source may have to the for HMIWI, August 15, 2000 (65 FR Federal plan also noted that a source EPA under a federally promulgated 49868, 49873). The State agency noted with a Title V permit with a permit term standard become obligations to a State that the proposal for that rulemaking less than 3 years is not required by part (except for functions that the EPA described two mechanisms for 70 to have its permit reopened by a retains for itself) upon delegation.11 transferring authority to State and local State or Tribe to include new applicable Although a State or Tribe may have the agencies following promulgation of the requirements such as the HMIWI authority to incorporate section 111/129 9 Federal plan. Those two mechanisms standard. See 40 CFR 70.7(f)(1)(i). requirements into its title V permits, were: (1) The approval of a State or In addition to the explanation and implement and enforce these Tribal plan after the Federal plan is in provided in the preamble to the final requirements in these permits without effect; and (2) if a State or Tribe does not HMIWI Federal plan, there are first taking delegation of the section submit or obtain approval of its own additional State implementation and 111/129 Federal plan, the State or Tribe plan, EPA delegation to a State or Tribe enforcement gaps which would not be is not standing in for EPA as a matter of the authority to implement and addressed by implementing and of Federal law in this situation. Where enforce the HMIWI Federal plan. The enforcing the section 111/129 standard a State or Tribe does not take delegation State asked EPA to recognize the Title through a Title V permit. The following of a section 111/129 Federal plan, V operating permits program as a third is an example of such a gap: Title V obligations that a source has to EPA mechanism for transferring authority to permits are not permanent. With two under the Federal plan continue after a State and local agencies. The exceptions, all permits must be renewed title V permit is issued to the source. As 10 commenter said that State and local at least every 5 years . Although 40 a result, the EPA continues to maintain agencies implement Title V programs CFR 70.4(b)(10) requires States to that an approved part 70 operating and that Title V permits must include provide that a permit or the terms and permits program cannot be used as a the requirements of the Federal plan. conditions of a permit may not expire mechanism to transfer the authority to The commenter concluded that Title V until the permit is renewed, this implement and enforce the Federal plan permitting authorities already have requirement only applies if a timely and from the EPA to a State or Tribe. implementation responsibility for the complete application for a renewal As mentioned above, a State or Tribe Federal plan through their Title V may have the authority under State or permits programs, regardless of whether 9 An owner or operator of a source subject to a Tribal law to incorporate section 111/ section 111/129 Federal plan remains subject to, the authority to implement the Federal and must act in compliance with, section 111/129 129 requirements into its title V permits, plan is delegated to the State or local requirements and all other applicable requirements and implement and enforce these agency. to which the source is subject regardless of whether requirements in that context without In its response to the State, the EPA these requirements are included in a title V permit. first taking delegation of the section See 40 CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2. explained why the issuance of a Title V 12 10 Under 40 CFR 70.4(b)(3)(iv), permitting 111/129 Federal plan. Some States or permit is not equivalent to the approval authorities are allowed to issue permits for solid of a State plan or delegation of a Federal waste incineration units combusting municipal 11 If the Administrator chooses to retain certain plan by focusing on situations in which waste subject to standards under section 129(e) of authorities under a standard, those authorities a Title V permitting authority without the Act for a period not to exceed 12 years, cannot be delegated, e.g., alternative methods of provided that the permits are reviewed at least demonstrating compliance. delegation of a Federal plan could not every 5 years. Permits with acid rain provisions 12 The EPA interprets the phrase ‘‘assure implement and enforce section 111/129 must be issued for a fixed term of five years; shorter compliance’’ in section 502(b)(5)(A) to mean that requirements. This situation would arise terms for such permits are not allowed. permitting authorities will implement and enforce

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Tribes, however, may not be able to these reports at the same time as the permits, and to implement and enforce implement and enforce a section 111/ EPA. these requirements in title V permits 129 standard in a title V permit until the In the situation where a permitting without delegation. section 111/129 standard has been authority chooses to rely on an AG’s VIII. Administrative Requirements delegated. In these situations, a State or opinion and not take delegation of a Tribe should not issue a part 70 permit Federal plan, EPA Regional Offices will This section addresses the following to a source subject to a Federal plan be responsible for implementing and administrative requirements: Docket, before taking delegation of the section enforcing section 111/129 requirements Public Hearing, Executive Orders 12866, 111/129 Federal plan. outside of any title V permits. Moreover, 13132, 13175, 13045, and 13211, If a State or Tribe can provide an in this situation, EPA Regional Offices Unfunded Mandates Reform Act, Attorney General’s (AG’s) opinion will continue to be responsible for Regulatory Flexibility Act, Regulatory delineating its authority to incorporate developing progress reports, entering Flexibility Act/Small Business section 111/129 requirements into its emissions data into the Aerometric Regulatory Enforcement Fairness Act, Title V permits, and then implement Information Retrieval System (AIRS)/ Paperwork Reduction Act, and the and enforce these requirements through AIRS Facility Subsystem (AFS), and National Technology Transfer and its Title V permits without first taking conducting any other administrative Advancement Act. Since today’s rule delegation of the requirements, then a functions required under this Federal simply proposes to implement the State or Tribe does not need to take plan or any other section 111/129 CISWI emission guidelines (40 CFR part delegation of the section 111/129 Federal plan. See Section III.J. of this 60, subpart DDDD) as promulgated on requirements for purposes of title V preamble titled ‘‘Progress Reports’; December 1, 2000, and does not impose permitting.13 In practical terms, without section II.J. of the proposed Federal plan any new requirements, much of the approval of a State or Tribal plan, for HMIWI, July 6, 1999 (64 FR 36426, following discussion of administrative delegation of a Federal plan, or an 36431); 40 CFR 60.25(e), and Appendix requirements refers to the adequate AG’s opinion, States and D of 40 CFR part 60. documentation of applicable Tribes with approved part 70 permitting It is important to note that the EPA is administrative requirements as programs open themselves up to not using its authority under 40 CFR discussed in the preamble to the rule potential questions regarding their 70.4(i)(3) to request that all States and promulgating the emission guidelines authority to issue permits containing Tribes which do not take delegation of (65 FR 75338, December 1, 2000). section 111/129 requirements, and to this Federal plan submit supplemental A. Docket assure compliance with these AG’s opinions at this time. However, the requirements. Such questions could EPA Regional Offices shall request, and The docket is intended to be an lead to the issuance of a notice of permitting authorities shall provide, organized and complete file of the deficiency for a State’s or Tribe’s part 70 such opinions when the EPA questions administrative records compiled by program. As a result, prior to a State or a State’s or Tribe’s authority to EPA. The docket is a dynamic file Tribal permitting authority drafting a incorporate section 111/129 because material is added throughout part 70 permit for a source subject to a requirements into a title V permit, and the rulemaking process. The docketing section 111/129 Federal plan, the State implement and enforce these system is intended to allow members of or Tribe, EPA Regional Office, and requirements in that context without the public and industries involved to source in question are advised to ensure delegation. readily identify and locate documents that delegation of the relevant Federal Lastly, the EPA would like to correct so they can effectively participate in the plan has taken place or that the and clarify the following sentences from rulemaking process. Along with permitting authority has provided to the the ‘‘Transfer of Authority’’ section of proposed and promulgated standards EPA Regional Office an adequate AG’s the preamble to the final HMIWI Federal and their preambles, the contents of the opinion. plan (65 FR 49868, 49873): ‘‘Prior to docket (with limited exceptions) will In addition, if a permitting authority delegation, only the EPA will have serve as the record in the case of judicial chooses to rely on an AG’s opinion and enforcement authority. In neither review. See section 307(d)(7)(A) of the not take delegation of a Federal plan, a instance does the title V permit status of CAA. section 111/129 source subject to the a source affect the enforcement As discussed above, a docket has been Federal plan in that State must responsibility of EPA and the State or prepared for this action pursuant to the simultaneously submit to both EPA and Tribal permitting authorities.’’ In procedural requirements of section the State or Tribe all reports required by situations where a State or Tribe is 307(d) of the CAA, 42 U.S.C. 7607(d). the standard to be submitted to the EPA. subject to a section 111/129 Federal Supporting information is included in Given that these reports are necessary to plan and does not take delegation of the Docket A–2000–52. Docket number A– implement and enforce the section 111/ Federal plan, the following applies: 94–63 contains the technical support for 129 requirements when they have been Prior to delegation, only EPA can the final emission guidelines, 40 CFR included in title V permits, the implement and enforce section 111/129 part 60, subpart DDDD. Docket A–2000– permitting authority needs to receive requirements outside of a title V permit. 52 incorporates all of the information in Whenever there is a title V permit in Docket A–94–63. effect which includes section 111/129 each applicable standard, regulation, or B. Public Hearing requirement which must be included in the title V requirements, however, EPA and the permits the permitting authorities issue. See State or Tribe have dual authority to A public hearing will be held, if definition of ‘‘applicable requirement’’ in 40 CFR implement and enforce the section 111/ requested, to discuss the proposed 70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1). 13 It is important to note that an AG’s opinion 129 requirements in the title V permit. standards in accordance with section submitted at the time of initial title V program When a State or Tribe has not taken 307(d)(5) of the CAA. Persons wishing approval is sufficient if it demonstrates that a State delegation of a section 111/129 Federal to make oral presentations on the or Tribe has adequate authority to incorporate plan, the previous sentence is relevant proposed standards should contact EPA section 111/129 requirements into its title V ADDRESSES permits, and to implement and enforce these only in situations where a State or Tribe (see ). If a public hearing is requirements through its title V permits without has the authority to incorporate section requested and held, EPA will ask delegation. 111/129 requirements into title V clarifying questions during the oral

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presentation but will not respond to the D. Executive Order 13132: Federalism potentially affected State and local presentations or comments. To provide Executive Order 13132, entitled officials through publication of this rule. an opportunity for all who may wish to ‘‘Federalism’’ (64 FR 43255, August 10, Although section 6 of Executive Order speak, oral presentations will be limited 1999), requires us to develop an 13132 does not apply to this rule, EPA to 15 minutes each. Any member of the accountable process to ensure consulted with representatives of State public may file a written statement on ‘‘meaningful and timely input by State and local governments to enable them to or before January 24, 2003. Written and local officials in the development of provide meaningful and timely input statements should be addressed to the regulatory policies that have federalism into the development of the CISWI Air and Radiation Docket and implications.’’ ‘‘Policies that have emission guidelines. This consultation Information Center (see ADDRESSES), and federalism implications’’ are defined in took place during the Industrial Combustion Coordinated Rulemaking refer to Docket No. A–2000–52. Written the Executive Order to include Federal Advisory Committee Act statements and supporting information regulations that have ‘‘substantial direct committee meetings, where members will be considered with equivalent effects on the States, on the relationship representing State and local weight as any oral statement and between the national government and governments participated in developing supporting information subsequently the States, or on the distribution of recommendations for our combustion- presented at a public hearing, if held. A power and responsibilities among the related rulemakings, including the verbatim transcript of the hearing and various levels of government.’’ written statements will be placed in the This proposed rule does not have CISWI emission guidelines. Additionally, EPA sponsored the Small docket and be available for public Federalism implications. It will not Communities Outreach Project, which inspection and copying, or mailed upon have substantial direct effects on the involved meetings with elected officials request, at the Air and Radiation Docket States, on the relationship between the and other government representative to and Information Center (see ADDRESSES). national government and the States, or provide them with information about on the distribution of power and C. Executive Order 12866: Regulatory the CISWI emission guidelines and to responsibilities among the various Planning and Review solicit their comments. The concerns levels of government, as specified in raised by representative of State and Under Executive Order 12866, 58 FR Executive Order 13132. This rule local governments were considered 51735 (October 4, 1993), EPA must establishes emission limits and other during the development of the CISWI determine whether the regulatory action requirements for solid waste emission guidelines. is ‘‘significant’’ and, therefore, subject to incineration units that are not covered In the spirit of Executive Order 13132, OMB review and the requirements of by an EPA-approved and effective State and consistent with EPA policy to the Executive Order. The order defines or Tribal plan. The EPA is required by promote communications between EPA ‘‘significant regulatory action’’ as one section 129 of the CAA, 42 U.S.C. 7429, and State and local governments, EPA that is likely to result in a rule that may: to establish the standards for such units. specifically solicits comment on this (1) Have an annual effect on the This regulation primarily affects private proposed rule from State and local economy of $100 million or more or industry and does not impose officials. adversely affect in a material way the significant economic costs on State or economy, a sector of the economy, local governments. The standards E. Executive Order 13175: Consultation productivity, competition, jobs, the established by this rule apply to and Coordination With Indian Tribal environment, public health or safety, or facilities that operate commercial or Governments State, local, or tribal governments or industrial solid waste incineration units Executive Order 13175, entitled communities; located in States that do not have EPA- ‘‘Consultation and Coordination with (2) Create a serious inconsistency or approved plans covering such units by Indian Tribal Governments’’ (65 FR otherwise interfere with an action taken the effective date of the promulgated 67249, November 6, 2000), requires EPA or planned by another agency; Federal plan (and the owners or to develop an accountable process to operators of such facilities). The ensure ‘‘meaningful and timely input by (3) Materially alter the budgetary regulation does not include an express impacts of entitlements, grants, user tribal officials in the development of provision preempting State or local regulatory policies that have tribal fees, or loan programs or the rights and regulations. However, once this Federal obligations of recipients thereof; or implications.’’ ‘‘Policies that have tribal plan is in effect, covered facilities implications’’ is defined in the (4) Raise novel legal or policy issues would be subject to the standards Executive Order to include regulations arising out of legal mandates, the established by this rule, regardless of that have ‘‘substantial direct effects on President’s priorities, or the principles any less protective State or local one or more Indian tribes, on the set forth in the Executive Order. regulations that contain emission relationship between the Federal The EPA considered the 2000 limitations for the pollutants addressed government and the Indian tribes, or on emission guidelines to be significant by this rule. To the extent that this the distribution of power and and the rules were reviewed by OMB in might preempt State or local responsibilities between the Federal 2000. See 65 FR 75338, December 1, regulations, it does not significantly government and Indian tribes.’’ 2000. The Federal plan promulgated affect the relationship between the This proposed rule does not have today would simply implement the national government and the States, or tribal implications. It will not have 2000 emission guidelines and does not the distribution of power and substantial direct effects on tribal result in any additional control responsibilities among the various governments, on the relationship requirements or impose any additional levels of government. Thus, the between the Federal government and costs above those previously considered requirements of section 6 of the Indian tribes, or on the distribution of during promulgation of the 2000 Executive Order do not apply to this power and responsibilities between the emission guidelines. Therefore, this rule; and EPA has complied with the Federal government and Indian tribes, regulatory action is considered ‘‘not requirements of section 4(e), to the as specified in Executive Order 13175. significant’’ under Executive Order extent that they may be applicable to the The EPA knows of no CISWI units 12866. regulations, by providing notice to presently owned by Indian tribal

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governments. However, if any exist now and tribal governments, in the aggregate, conduct a regulatory flexibility analysis or in the future, the rule would not have or to the private sector, of $100 million of any rule subject to notice and tribal implications on these tribal or more in any 1 year. comment rulemaking requirements, governments as defined by the Before promulgating a rule for which unless the agency certifies that the rule Executive Order. This Federal plan a written statement is needed, section will not have a significant economic simply implements the 2000 emission 205 of the UMRA generally requires us impact on a substantial number of small guidelines. It does not result in any to identify and consider a reasonable entities. Small entities include additional control requirements nor number of regulatory alternatives and businesses, small not-for-profit imposes any additional costs above adopt the least costly, most cost- enterprises, and small governmental those previously considered during effective or least burdensome alternative jurisdictions. For purposes of assessing promulgation of the 2000 emission that achieves the objectives of the rule. the impacts of today’s rule on small guidelines. Thus, the requirements of The provisions of section 205 do not entities, small entity is defined as: (1) A Executive Order 13175 do not apply. apply when they are inconsistent with small business that has less than 500 applicable law. Moreover, section 205 F. Executive Order 13045: Protection of employees; (2) a small governmental allows us to adopt an alternative other jurisdiction that is a government of a Children From Environmental Health than the least costly, most cost-effective Risks and Safety Risks city, county, town, school district or or least burdensome alternative if the special district with a population of less Executive Order 13045 (62 FR 19885, Administrator publishes with the final than 50,000; and (3) a small April 23, 1997) applies to any rule that: rule an explanation of why that organization that is any not-for-profit (1) Is determined to be ‘‘economically alternative was not adopted. enterprise that is independently owned significant’’ as defined under Executive Before EPA establishes any regulatory and operated and is not dominant in its Order 12866, (2) concerns an requirements that may significantly or field. The SBA guidelines define a small environmental health or safety risk that uniquely affect small governments, business based on number of employees EPA has reason to believe may including tribal governments, EPA must or annual revenues and the size disproportionately affect children. If the develop under section 203 of the UMRA regulatory action meets these criteria, a small government agency plan. The standards vary from industry to EPA must evaluate the environmental plan must provide for notifying industry. Generally, businesses covered health or safety effects of the planned potentially affected small governments, by the North American Industrial rule on children and explain why the thereby enabling officials of affected Classification System (NAICS) codes planned regulation is preferable to other small governments to have meaningful affected by this rule are considered potentially effective and reasonably and timely input in the development of small if they have less than 500 feasible alternatives EPA considered. the regulatory proposal with significant employees or less than $5 million in The EPA interprets Executive Order Federal intergovernmental mandates, annual sales. 13045 as applying only to those and informing, educating, and advising After considering the economic regulatory actions that are based on small governments on compliance with impacts of today’s proposed rule on health or safety risks, such that the the regulatory requirements. small entities, I certify that this action analysis required under section 5–501 of The EPA has determined that this rule will not have a significant economic the Order has the potential to influence does not contain a Federal mandate that impact on a substantial number of small the regulation. This proposed rule is not may result in expenditures of $100 entities. million or more for State, local, and subject to Executive Order 13045 During the 2000 CISWI emission because it is based on technology tribal governments, in the aggregate, or the private sector in any 1 year. The guidelines rulemaking, EPA determined performance and not on health or safety that based on the low number of risks. Additionally, this proposed rule is environmental impact analysis for the emission guidelines estimates the total affected small entities in each not economically significant as defined individual market, the alternative by Executive Order 12866. national annualized cost impact of this regulatory action at $11.6 million per method of waste disposal available, and G. Executive Order 13211: Energy year (Docket A–94–63). This proposed the relatively low control cost, the Effects Federal plan will apply to only a subset CISWI emission guidelines should not This rule is not subject to Executive of the units considered in the generate a significant small business Order 13211, ‘‘Actions Concerning environmental impacts analysis for the impact on a substantial number of small Regulations That Significantly Affect emission guidelines. Thus, this rule is entities in the commercial and Energy Supply, Distribution, or Use’’ (66 not subject to the requirements of industrial sectors. The EPA determined F.R. 28355 (May 22, 2001)) because it is sections 202 and 205 of the UMRA. that it was not necessary to prepare a not a significant regulatory action under Additionally, EPA has determined that regulatory flexibility analysis in Executive Order 12866. this rule contains no regulatory connection with the final emission requirements that might significantly or guidelines. The EPA has also H. Unfunded Mandates Reform Act uniquely affect small governments, determined that the final emission Title II of the Unfunded Mandates because commercial and industrial units guidelines would not have a significant Reform Act of 1995 (UMRA), Public are not likely to be owned by small economic impact on a substantial Law 104–4, establishes requirements for governments. number of small entities (65 FR 75348). Federal agencies to assess the effects of This Federal plan would not establish their regulatory actions on State, local, I. Regulatory Flexibility Act/Small any new requirements. Therefore, and tribal governments and the private Business Regulatory Enforcement pursuant to the provisions of 5 U.S.C. sector. Under section 202 of the UMRA, Fairness Act (SBREFA) 605(b), EPA has determined that this EPA generally must prepare a written The Regulatory Flexibility Act (RFA) proposed Federal plan will not have a statement, including a cost-benefit of 1980, as amended by the Small significant impact on a substantial analysis, for proposed and final rules Business Regulatory Enforcement number of small entities, and thus a with ‘‘Federal mandates’’ that may Fairness (SBREFA), 5 U.S.C. 601 et seq., regulatory flexibility analysis is not result in expenditures to State, local, generally requires Federal agencies to required.

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J. Paperwork Reduction Act State or Tribal plans as well as the compliance with the Federal plan The information collection burden associated with the proposed requirements. Based on reported requirements have been submitted for Federal plan. Consequently, the burden information, EPA would decide which approval to OMB under the Paperwork estimates described below overstate the units and what records or processes Reduction Act, 44 U.S.C. 3501 et seq. information collection burden should be inspected. The records that An information collection request (ICR) associated with the Federal plan. owners and operators of existing CISWI document has been prepared for the However, upon approval by EPA, a State units maintain will indicate to EPA emission guidelines (ICR No. 1927.02 or Tribal plan becomes Federally whether personnel are operating and for subpart DDDD) and copies may be enforceable. Therefore, it is important to maintaining control equipment obtained from Susan Auby by mail at estimate the full burden associated with property. U.S. Environmental Protection Agency, the State or Tribal plans and the Federal These recordkeeping and reporting Office of Environmental Information; plan. As State or Tribal plans are requirements are specifically authorized Collection Strategies Division (2822T); approved, the Federal plan burden will by section 114 of the CAA (42 U.S.C. 1200 Pennsylvania Avenue, NW.; decrease, but the overall burden of the 7414). All information submitted to us Washington, DC 20460, by e-mail at State or Tribal plans and the Federal for which a claim of confidentiality is [email protected], or by calling (202) plan will remain the same. made will be safeguarded according to 566–1672. Copies may also be The Federal plan contains monitoring, our policies in 40 CFR part 2, subpart downloaded from the internet at http:/ reporting, and recordkeeping B, Confidentiality of Business /www.epa.gov/icr. requirements. The information will be Information. This ICR reflects the burden estimate used to ensure that the Federal plan The estimated average annual burden for the emission guidelines which were requirements are met on a continuous for the first 3 years after promulgation promulgated in the Federal Register on basis. Records and reports will be of the emission guidelines for industry December 1, 2000. The burden estimate necessary to enable us to identify waste and the implementing agency is includes the burden associated with incineration units that may not be in outlined below.

Affected entity Total hours Labor costs Capital costs O&M costs Total costs

Industry ...... 9,145 $407,067 0 0 $407,067 Implementing agency ...... 1,817 $48,386 0 0 $48,386

The EPA expects the Federal plan to the emissions guidelines which it methods. No applicable voluntary affect a maximum of 116 units over the implements is 2060–0451. The OMB consensus standards were identified for first 3 years. (Note: This assumes that no control numbers for our regulations are EPA Methods 7A, 7D, 9, and 10B. The State plans are in effect.) The EPA listed in 40 CFR part 9 and 48 CFR search and review results have been assumes that 6 existing units will be chapter 15. documented and are placed in the replaced by 6 new units each year. Docket No. A–2000–52 for this proposed K. National Technology Transfer and There are no capital, start-up, or plan. Advancement Act operation and maintenance costs for This search for emission measurement existing units during the first 3 years. Section 12(d) of the National procedures identified 24 voluntary The implementing agency would not Technology Transfer and Advancement consensus standards. The EPA incur any capital or start-up costs. Act (NTTAA) of 1995 (Pub. L. 104–113; determined that 20 of these 24 standards Burden means the total time, effort, or 15 U.S.C. 272) directs EPA to use were impractical alternatives to EPA test financial resources expended by persons voluntary consensus standards in methods for the purposes of this to generate, maintain, retain, disclose, or regulatory and procurement activities proposed Federal plan. Therefore, EPA provide information to or for a Federal unless to do so would be inconsistent does not propose to adopt these agency. This includes the time needed with applicable law or otherwise standards today. The reasons for this to review instructions; develop, acquire, impractical. Voluntary consensus determination for the 20 methods are install, and utilize technology and standards are technical standards (e.g., discussed below. systems for the purposes of collecting, materials specifications, test methods, The standard, ASTM D3162 (1994) validating, and verifying information, sampling procedures, business ‘‘Standard Test Method for Carbon processing and maintaining practices) developed or adopted by one Monoxide in the Atmosphere information, and disclosing and or more voluntary consensus bodies. (Continuous Measurement by providing information; adjust the The NTTAA directs EPA to provide Nondispersive Infrared Spectrometry),’’ existing ways to comply with any Congress, through annual reports to the is impractical as an alternative to EPA previously applicable instructions and Office of Management and Budget Method 10 in this proposed Federal requirements; train personnel to be able (OMB), with explanations when an plan because this ASTM standard, to respond to a collection of agency does not use available and which is stated to be applicable in the information; search data sources; applicable voluntary consensus range of 0.5–100 ppm CO, does not complete and review the collection of standards. cover the potential range in the plan (up information; and transmit or otherwise This proposed Federal plan involves to 157 ppm). Whereas EPA Method 10 disclose the information. technical standards. The EPA proposes has a range from 20–1000 ppm CO. An agency may not conduct or in this plan to use EPA Methods 1, 3A, Also, ASTM D3162 does not provide a sponsor, and a person is not required to 3B, 5, 6, 6C, 7, 7A, 7C, 7D, 7E, 9, 10, procedure to remove carbon dioxide respond to, a collection of information 10A, 10B, 23, 26A, and 29. Consistent interference. Therefore, this ASTM unless it displays a currently valid OMB with the NTTAA, EPA conducted standard is not appropriate for control number. The OMB control searches to identify voluntary consensus combustion source conditions. In terms number for this proposed rule and for standards in addition to these EPA of NDIR instrument performance

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specifications, ASTM D3162 has much Emissions: Sampling for the Automated Spectrophotometeric Method,’’ for EPA higher maximum allowable rise and fall Determination of Gas Concentrations,’’ Method 29. times (5 minutes) than EPA Method 10 for EPA Method 3A; CAN/CSA Z223.2– The following four of the 24 voluntary (which has 30 seconds). However, it M86(1986), ‘‘Method for the Continuous consensus standards identified in this should be noted that ASTM D3162 has Measurement of Oxygen, Carbon search were not available at the time the more quality control requirements than Dioxide, Carbon Monoxide, Sulphur review was conducted for the purposes EPA Method 10 in terms of instrument Dioxide, and Oxides of Nitrogen in of this proposed plan because they are calibration procedures, span gas Enclosed Combustion Flue Gas under development by a voluntary cylinder validation procedures, and Streams,’’ for EPA Method 3A; ASME consensus body: ISO/DIS 12039, operational checks. C00031 or PTC 19–10–1981—Part 10, ‘‘Stationary Source Emissions— The standard ASTM E1979–98 (1998), ‘‘Flue and Exhaust Gas Analyses,’’ for Determination of Carbon Monoxide, ‘‘Standard Practice for Ultrasonic EPA Methods 6 and 7; ASTM D1608–98, Carbon Dioxide, and Oxygen— Extraction of Paint, Dust, Soil, and Air ‘‘Test Method for Oxides of Nitrogen in Automated Methods,’’ for EPA Method Samples for Subsequent Determination Gaseous Combustion Products (Pheno- 3A; ASTM Z6449Z, ‘‘Standard Method of Lead,’’ is impractical as an alternative Disulfonic Acid Procedures),’’ for EPA for the Determination of Sulfur Dioxide to EPA Method 29 in this proposed Method 7; ISO 7934:1998, ‘‘Stationary in Stationary Sources,’’ for EPA Method Federal plan. This ASTM standard does Source Emissions—Determination of the 6; ASTM Z6590Z, ‘‘Manual Method for not require the use of hydrogen fluoride Mass Concentration of Sulfur Dioxide— Both Speciated and Elemental (HF) as in EPA Method 29 and, Hydrogen Peroxide/Barium Perchlorate/ Mercury,’’ for EPA Method 29 (portion therefore, it cannot be used for the Thorin Method,’’ for EPA Method 6; ISO for mercury only); prEN 13211 (1998), preparation, digestion, and analysis of 11564:1998, ‘‘Stationary Source ‘‘Air Quality—Stationary Source Method 29 samples. Additionally, Emissions—Determination of the Mass Emissions—Determination of the Method 29 requires the use of a glass Concentration of Nitrogen Oxides— Concentration of Total Mercury,’’ for fiber filter, whereas this ASTM standard NEDA (naphthylethylenediamine)/ EPA Method 29 (portion for mercury requires cellulose filters and other Photometric Method,’’ for EPA Methods only). While EPA is not proposing to probable nonglass fiber media which 7 and 7C; CAN/CSA Z223.21–M1978, include these four voluntary consensus cannot be considered equivalent to EPA ‘‘Method for the Measurement of Carbon standards in today’s proposed plan, the Method 29. Monoxide: 3—Method of Analysis by The European standard EN 1911–1,2,3 EPA will consider the standards when Non-Dispersive Infrared Spectrometry,’’ final. (1998), ‘‘Stationary Source Emissions— for EPA Methods 10 and 10A; and Manual Method of Determination of The EPA takes comment on the European Committee for compliance demonstration requirements HCl—Part 1: Sampling of Gases Ratified Standardization (CEN) EN 1948–3 European Text—Part 2: Gaseous proposed in this Federal plan and (1997), ‘‘Determination of the Mass Compounds Absorption Ratified specifically invites the public to identify Concentration of PCDD’S/PCDF’S—Part European Text—Part 3: Adsorption potentially-applicable voluntary 3: Identification and Quantification,’’ for Solutions Analysis and Calculation consensus standards. Commenters EPA Method 23. Ratified European Text,’’ is impractical should also explain why this plan as an alternative to EPA Method 26A. The following seven methods are should adopt these voluntary consensus Part 3 of this standard cannot be impractical alternatives to EPA test standards in lieu of or in addition to considered equivalent to EPA Method methods for the purposes of this Federal EPA’s standards. Emission test methods 26A because the sample absorbing plan because they lacked sufficient submitted for evaluation should be solution (water) would be expected to quality assurance and quality control accompanied with a basis for the capture both HCl and chlorine gas, if requirements necessary for EPA recommendation, including method present, without the ability to compliance assurance requirements: validation data and the procedure used distinguish between the two. The EPA ASME PTC–38–80 R85 or C00049, to validate the candidate method (if a Method 26A uses an acidified absorbing ‘‘Determination of the Concentration of method other than Method 301, 40 CFR solution to first separate HCl and Particulate Matter in Gas Streams,’’ for part 63, Appendix A was used). chlorine gas so that they can be EPA Method 5; ASTM D3685/D3685M– Table 1 of proposed Subpart III lists selectively absorbed, analyzed, and 98, ‘‘Test Methods for Sampling and the EPA testing methods included in the reported separately. In addition, in EN Determination of Particulate Matter in emission Federal Plan Requirements for 1911 the absorption efficiency for Stack Gases,’’ for EPA Method 5; ISO Commercial and Industrial Solid Waste chlorine gas would be expected to vary 9096:1992, ‘‘Determination of Incinerators. Under 40 CFR 63.8(f) of as the pH of the water changed during Concentration and Mass Flow Rate of subpart A of the General Provisions, a sampling. Particulate Matter in Gas Carrying source may apply to EPA for permission The following ten methods are Ducts—Manual Gravimetric Method,’’ to use alternative monitoring in place of impractical alternatives to EPA test for EPA Method 5; CAN/CSA Z223.1– any of the EPA testing methods. methods for the purposes of this plan M1977, ‘‘Method for the Determination because they are too general, too broad, of Particulate Mass Flows in Enclosed List of Subjects in 40 CFR Part 62 or not sufficiently detailed to assure Gas Streams,’’ for EPA Method 5; ISO Environmental protection, Air compliance with EPA regulatory 11632:1998, ‘‘Stationary Source pollution control, Carbon monoxide, requirements: ASTM D3154–91 (1995), Emissions—Determination of the Mass Metals, Nitrogen dioxide, Particulate ‘‘Standard Method for Average Velocity Concentration of Sulfur Dioxide—Ion matter, Sulfur oxides, Waste treatment in a Duct (Pitot Tube Method),’’ for EPA Chromatography,’’ for EPA Method 6; and disposal. Methods 1 and 3B; ASTM D5835–95, CAN/CSA Z223.24–M1983, ‘‘Method for ‘‘Standard Practice for Sampling the Measurement of Nitric Oxide and Dated: November 6, 2002. Stationary Source Emissions, for Nitrogen Dioxide in Air,’’ for EPA Christine Todd Whitman, Automated Determination of Gas Method 7; and CAN/CSA Z223.26– Administrator. Concentration,’’ for EPA Method 3A; M1987, ‘‘Measurement of Total Mercury 40 CFR part 62 is proposed to be ISO 10396:1993, ‘‘Stationary Source in Air Cold Vapour Atomic Absorption amended as follows:

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PART 62—[AMENDED] 62.14560 How do I comply with the Monitoring increment of progress for submittal of a 62.14690 What monitoring equipment must 1. The authority citation for part 62 control plan? I install and what parameters must I continues to read as follows: 62.14565 How do I comply with the monitor? increment of progress for achieving final 62.14695 Is there a minimum amount of Authority: 42 U.S.C. 7401–7671q. compliance? monitoring data I must obtain? § 62.14570 What must I do if I plan to 2. Amend § 62.13 by adding Recordkeeping and Reporting paragraph (d) to read as follows: permanently close my CISWI unit? § 62.14575 What must I do if I close my 62.14700 What records must I keep? § 62.13 Federal plans. CISWI unit and then restart it? 62.14705 Where and in what format must I keep my records? * * * * * Waste Management Plan 62.14710 What reports must I submit? (d) The substantive requirements of 62.14580 What is a waste management 62.14715 When must I submit my waste the Commercial and industrial solid plan? management plan? waste incineration units Federal plan 62.14585 When must I submit my waste 62.14720 What information must I submit are contained in subpart III of this part. management plan? following my initial performance test? 62.14725 When must I submit my annual These requirements include emission 62.14590 What should I include in my waste management plan? report? limits, compliance schedules, testing, 62.14730 What information must I include monitoring, and reporting and Operator Training and Qualification in my annual report? recordkeeping requirements. 62.14595 What are the operator training and 62.14735 What else must I report if I have 3. Amend part 62 by adding subpart qualification requirements? a deviation from the operating limits or the emission limitations? III to read as follows: 62.14600 When must the operator training 62.14740 What must I include in the course be completed? deviation report? Subpart III—Federal Plan 62.14605 How do I obtain my operator 62.14745 What else must I report if I have Requirements for Commercial and qualification? a deviation from the requirement to have Industrial Solid Waste Incineration 62.14610 How do I maintain my operator a qualified operator accessible? Units That Commenced Construction qualification? 62.14750 Are there any other notifications on or Before November 30, 1999 62.14615 How do I renew my lapsed or reports that I must submit? operator qualification? 62.14755 In what form can I submit my Introduction 62.14620 What site-specific documentation reports? is required? 62.14760 Can reporting dates be changed? Sec. 62.14625 What if all the qualified operators 62.14500 What is the purpose of this are temporarily not accessible? Air Curtain Incinerators that Burn 100 subpart? Percent Wood Wastes and Clean Lumber 62.14505 What are the principal Emission Limitations and Operating Limits 62.14765 What is an air curtain incinerator? components of this subpart? 62.14630 What emission limitations must I 62.14770 When must I achieve final Applicability meet and by when? compliance? 62.14635 What operating limits must I meet 62.14510 Am I subject to this subpart? 62.14795 How do I achieve final 62.14515 Can my CISWI unit be covered by and by when? compliance? both a State plan and this subpart? 62.14536 What steps are required to request 62.14805 What must I do if I close my air 62.14520 How do I determine if my CISWI an extension of the initial compliance curtain incinerator and then restart it? unit is covered by an approved and date if I plan to continue operation of my 62.14810 What must I do if I plan to permanently close my air curtain effective State or Tribal plan? CISWI unit? incinerator and not restart it? 62.14521 If my CISWI unit is not listed in 62.14640 What if I do not use a wet 62.14815 What are the emission limitations the Federal plan inventory, am I exempt scrubber to comply with the emission for air curtain incinerators that burn 100 from this subpart? limitations? percent wood wastes and clean lumber? 62.14525 Can my combustion unit be 62.14645 What happens during periods of 62.14820 How must I monitor opacity for exempt from this subpart? startup, shutdown, and malfunction? air curtain incinerators that burn 100 62.14530 What if I have a chemical Performance Testing percent wood wastes and clean lumber? recovery unit that is not listed in 62.14825 What are the recordkeeping and § 62.14525(n)? 62.14650 How do I conduct the initial and reporting requirements for air curtain 62.14531 When must I submit any records annual performance test? 62.14655 How are the performance test data incinerators that burn 100 percent wood required pursuant to an exemption wastes and clean lumber? allowed under § 62.14525? used? Title V Requirements Compliance Schedule and Increments of Initial Compliance Requirements Progress 62.14660 How do I demonstrate initial 62.14830 Does this subpart require me to obtain an operating permit under title V compliance with the emission 62.14535 When must I comply with this of the Clean Air Act? limitations and establish the operating subpart if I plan to continue operation of 62.14835 When must I submit a title V limits? my CISWI unit? permit application for my existing CISWI 62.14536 What steps are required to request 62.14665 By what date must I conduct the unit? an extension of the initial compliance initial performance test? date if I plan to continue operation of my Definitions Continuous Compliance Requirements CISWI unit? 62.14840 What definitions must I know? 62.14540 When must I complete each 62.14670 How do I demonstrate continuous increment of progress? compliance with the emission Tables 62.14545 What must I include in each limitations and the operating limits? Table 1 of Subpart III of Part 62—Emission notification of achievement of an 62.14675 By what date must I conduct the Limitations increment of progress? annual performance test? Table 2 of Subpart III of Part 62—Operating 62.14550 When must I submit a notification 62.14680 May I conduct performance Limits for Wet Scrubbers of achievement of the first increment of testing less often? Table 3 of Subpart III of Part 62—Toxic progress? 62.14685 May I conduct a repeat Equivalency Factors 62.14555 What if I do not meet an performance test to establish new Table 4 of Subpart III of Part 62—Summary increment of progress? operating limits? of Reporting Requirements

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Introduction and Industrial Solid Waste Incineration (a) Pathological waste incineration Units), your CISWI unit is subject to units. Incineration units burning 90 § 62.14500 What is the purpose of this subpart CCCC of 40 CFR part 60 and this percent or more by weight (on a subpart? subpart no longer applies to that unit. calendar quarter basis and excluding the (a) This subpart establishes emission (c) If you make physical or weight of auxiliary fuel and combustion requirements and compliance schedules operational changes to your existing air) of pathological waste, low-level for the control of emissions from CISWI unit primarily to comply with radioactive waste, and/or commercial and industrial solid waste this subpart, then such changes do not chemotherapeutic waste as defined in incineration (CISWI) units that are not qualify as modifications or § 62.14840 are not subject to this covered by an EPA approved and reconstructions under subpart CCCC of subpart if you meet the two currently effective State or Tribal plan. 40 CFR part 60. requirements specified in paragraphs The pollutants addressed by these (a)(1) and (2) of this section. emission requirements are listed in § 62.14515 Can my CISWI unit be covered by both a State plan and this subpart? (1) Notify the Administrator that the Table 1 of this subpart. These emission unit meets these criteria. (a) If your CISWI unit is located in a requirements are developed in (2) Keep records on a calendar quarter State that does not have an EPA- accordance with sections 111(d) and basis of the weight of pathological approved State plan or your State’s plan 129 of the Clean Air Act and subpart B waste, low-level radioactive waste, and/ has not become effective, this subpart of 40 CFR part 60. or chemotherapeutic waste burned, and applies to your CISWI unit until EPA (b) In this subpart, you means the the weight of all other fuels and wastes approves a State plan that covers your owner or operator of a CISWI unit. burned in the unit. CISWI unit and that State plan becomes (b) Agricultural waste incineration § 62.14505 What are the principal effective. However, a State may enforce components of this subpart? units. Incineration units burning 90 the requirements of a State regulation percent or more by weight (on a This subpart contains the eleven while your CISWI unit is still subject to calendar quarter basis and excluding the major components listed in paragraphs this subpart. (a) through (k) of this section. (b) After the EPA approves a State weight of auxiliary fuel and combustion (a) Increments of progress toward plan covering your CISWI unit, and after air) of agricultural wastes as defined in compliance. that State plan becomes effective, you § 62.14840 are not subject to this (b) Waste management plan. will no longer be subject to this subpart subpart if you meet the two (c) Operator training and and will only be subject to the approved requirements specified in paragraphs qualification. and effective State plan. (b)(1) and (2) of this section. (d) Emission limitations and operating (1) Notify the Administrator that the limits. § 62.14520 How do I determine if my CISWI unit meets these criteria. (e) Performance testing. unit is covered by an approved and (2) Keep records on a calendar quarter (f) Initial compliance requirements. effective State or Tribal plan? basis of the weight of agricultural waste (g) Continuous compliance This part (40 CFR part 62) contains a burned, and the weight of all other fuels requirements. list of State and Tribal areas with and wastes burned in the unit. (h) Monitoring. approved Clean Air Act section 111(d) (c) Municipal waste combustion units. (i) Recordkeeping and reporting. and section 129 plans along with the Incineration units that meet either of the (j) Definitions. effective dates for such plans. The list two criteria specified in paragraphs (k) Tables. is published annually. If this part does (c)(1) or (2) of this section. not indicate that your State or Tribal Applicability (1) Units that are regulated under area has an approved and effective plan, subpart Ea of 40 CFR part 60 (Standards § 62.14510 Am I subject to this subpart? you should contact your State of Performance for Municipal Waste (a) You are subject to this subpart if environmental agency’s air director or Combustors); subpart Eb of 40 CFR part you own or operate a commercial and your EPA Regional Office to determine 60 (Standards of Performance for industrial solid waste incinerator if EPA has approved a State plan Municipal Waste Combustors for Which (CISWI) unit as defined in § 62.14840 covering your unit since publication of Construction is Commenced After and the CISWI unit meets the criteria the most recent version of this subpart. September 20, 1994); subpart Cb of 40 described in paragraphs (a)(1) through § 62.14521 If my CISWI unit is not listed in CFR part 60 (Emission Guidelines and (a)(3) of this section. the Federal plan inventory, am I exempt Compliance Times for Large Municipal (1) Construction of your CISWI unit from this subpart? Waste Combustors Constructed on or commenced on or before November 30, Not necessarily. Sources subject to Before September 20, 1994); subpart 1999. this subpart are not limited to the AAAA of 40 CFR part 60 (Standards of (2) Your CISWI unit is not exempt inventory of sources listed in Docket A– Performance for New Stationary under § 62.14525. 2000–52 for the Federal plan. If your Sources: Small Municipal Waste (3) Your CISWI unit is not regulated CISWI units meets the applicability Combustion Units); or subpart BBBB of by an EPA approved and currently criteria in § 62.14510, this subpart 40 CFR part 60 (Emission Guidelines for effective State or Tribal plan, or your applies to you whether or not your unit Existing Stationary Sources: Small CISWI unit is located in any State is listed in the Federal plan inventory in Municipal Waste Combustion Units). whose approved State or Tribal plan is the docket. (2) Units that burn greater than 30 subsequently vacated in whole or in percent municipal solid waste or refuse- part. § 62.14525 Can my combustion unit be derived fuel, as defined in 40 CFR part (b) If you made changes after June 1, exempt from this subpart? 60 subpart Ea, subpart Eb, subpart 2001 that meet the definition of This subpart exempts fifteen types of AAAA, and subpart BBBB, and that modification or reconstruction after units described in paragraphs (a) have the capacity to burn less than 35 promulgation of the final 40 CFR part through (o) of this section except for the tons (32 megagrams) per day of 60, subpart CCCC (New Source requirements specified in this section municipal solid waste or refuse-derived Performance Standards for Commercial and in § 62.14531. fuel, if you meet the two requirements

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in paragraphs (c)(2)(i) and (ii) of this Wood Wastes and Clean Lumber’’ (3) A description (including a process section. (§§ 62.14765 through 62.14825) and the flow diagram) of the process in which (i) Notify the Administrator that the title V operating permit requirements the materials are burned, highlighting unit meets these criteria. (§§ 62.14830 and 62.14835). the type, design, and operation of the (ii) Keep records on a calendar quarter (j) Cyclonic barrel burners. equipment used in this process. (k) Rack, part, and drum reclamation basis of the weight of municipal solid (4) A description (including a process units. waste burned, and the weight of all flow diagram) of the chemical (l) Cement kilns. other fuels and wastes burned in the constituent recovery process, (m) Sewage sludge incinerators. unit. highlighting the type, design, and Incineration units regulated under (d) Medical waste incineration units. operation of the equipment used in this subpart O of 40 CFR part 60 (Standards Incineration units regulated under process. subpart Ec of 40 CFR part 60 (Standards of Performance for Sewage Treatment of Performance for Hospital/Medical/ Plants). (5) A description of the commercial Infectious Waste Incinerators for Which (n) Chemical recovery units. markets for the recovered chemical Construction is Commenced After June Combustion units burning materials to constituents and their use. 20, 1996); 40 CFR part 60 subpart Ce recover chemical constituents or to (6) The composition of the recovered (Emission Guidelines and Compliance produce chemical compounds where chemical constituents and the Times for Hospital/Medical/Infectious there is an existing commercial market composition of these chemical Waste Incinerators); and 40 CFR part 62 for such recovered chemical constituents as they are bought and sold subpart HHH (Federal Plan constituents or compounds. The seven in commercial markets. Requirements for Hospital/Medical/ types of units described in paragraphs Infectious Waste Incinerators (n)(1) through (7) of this section are (b) Until the Administrator approves Constructed on or before June 20, 1996). considered chemical recovery units. the petition, the incineration unit is (e) Small power production facilities. (1) Units burning only pulping liquors covered by this subpart. Units that meet the three requirements (i.e., black liquor) that are reclaimed in (c) If a petition is approved, the specified in paragraphs (e)(1) through a pulping liquor recovery process and Administrator will amend § 62.14525(n) (3) of this section. reused in the pulping process. to add the unit to the list of chemical (1) The unit qualifies as a small (2) Units burning only spent sulfuric recovery units. power-production facility under section acid used to produce virgin sulfuric 3(17)(C) of the Federal Power Act (16 acid. § 62.14531 When must I submit any (3) Units burning only wood or coal records required pursuant to an exemption U.S.C. 796(17)(C)). allowed under § 62.14525? (2) The unit burns homogeneous feedstock for the production of charcoal. waste (not including refuse-derived (4) Units burning only manufacturing Owners or operators of sources that fuel) to produce electricity. byproduct streams/residues containing qualify for the exemptions in (3) You notify the Administrator that catalyst metals which are reclaimed and § 62.14525(a) through (o) must submit the unit meets all of these criteria. reused as catalysts or used to produce any records required to support their (f) Cogeneration facilities. Units that commercial grade catalysts. claims of exemption to the EPA meet the three requirements specified in (5) Units burning only coke to Administrator (or delegated paragraphs (f)(1) through (3) of this produce purified carbon monoxide that enforcement authority) upon request. section. is used as an intermediate in the Upon request by any person under the (1) The unit qualifies as a production of other chemical regulation at part 2 of this chapter (or a cogeneration facility under section compounds. comparable law or regulation governing 3(18)(B) of the Federal Power Act (16 (6) Units burning only hydrocarbon a delegated enforcement authority), the U.S.C. 796(18)(B)). liquids or solids to produce hydrogen, EPA Administrator (or delegated carbon monoxide, synthesis gas, or (2) The unit burns homogeneous enforcement authority) must request the other gases for use in other waste (not including refuse-derived records in § 62.14525(a) through (o) manufacturing processes. fuel) to produce electricity and steam or from an owner or operator and make (7) Units burning only photographic other forms of energy used for such records available to the requestor film to recover silver. industrial, commercial, heating, or to the extent required by part 2 of this (o) Laboratory units. Units that burn cooling purposes. chapter (or a comparable law governing samples of materials for the purpose of (3) You notify the Administrator that a delegated enforcement authority). Any chemical or physical analysis. the unit meets all of these criteria. records required under § 62.14525(a) (g) Hazardous waste combustion § 62.14530 What if I have a chemical through (o) must be maintained by the units. Units regulated under subpart recovery unit that is not listed in source for a period of at least 5 years. EEE of part 63 (National Emission § 62.14525(n)? Notifications of exemption claims Standards for Hazardous Air Pollutants (a) If you have a recovery unit that is required under § 62.14525(a) through (o) from Hazardous Waste Combustors). not listed in § 62.14525(n), you can of this section must be maintained by (h) Materials recovery units. Units petition the Administrator to add the the EPA or delegated enforcement that combust waste for the primary unit to the list. The petition must authority for a period of at least 5 years. purpose of recovering metals, such as contain the six items in paragraphs Any information obtained from an primary and secondary smelters. (a)(1) through (6) of this section. owner or operator of a source (i) Air curtain incinerators. Air (1) A description of the source of the accompanied by a claim of curtain incinerators that burn 100 materials being burned. confidentiality will be treated in percent wood waste and clean lumber (2) A description of the composition accordance with the regulations in part are only required to meet the of the materials being burned, 2 of this chapter (or a comparable law requirements under ‘‘Air Curtain highlighting the chemical constituents governing a delegated enforcement Incinerators That Burn 100 Percent in these materials that are recovered. authority).

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Compliance Schedule and Increments increments of progress specified in extension, including an explanation of of Progress § 62.14540 through § 62.14565. To why you are unable to meet the final achieve the final compliance increment compliance date specified in § 62.14535 When must I comply with this of progress, you must complete the § 62.14535(a)(3) and why your requested subpart if I plan to continue operation of my CISWI unit? requirements of paragraphs (b)(1) extension date is needed to provide through (b)(5) of this section. sufficient time for you to design, If you plan to continue operation of (1) You must comply with the fabricate, and install the emissions your CISWI unit, then you must follow operator training and qualification control systems necessary to meet the the requirements in paragraph (a) or (b) requirements and inspection requirements of this subpart. A request of this section depending on when you requirements (if applicable) of this based upon the avoidance of costs of plan to come into compliance with the subpart by the date one year after meeting provisions of this Subpart is not requirements of this subpart. promulgation of the CISWI Federal plan acceptable and will be denied. (a) If you plan to continue operation in the Federal Register. and come into compliance with the (2) You must submit a waste § 62.14540 When must I complete each requirements of this subpart by the date management plan no later than the date increment of progress? one year after promulgation of the six months after promulgation of the If you plan to come into compliance CISWI Federal plan in the Federal CISWI Federal plan in the Federal after the date one year after Register, then you must complete the Register. promulgation of the CISWI Federal plan requirements of paragraphs (a)(1) (3) You must achieve final in the Federal Register, you must meet through (a)(5) of this section. compliance by the date two years after the two increments of progress specified (1) You must comply with the promulgation of the CISWI Federal plan in paragraphs (a) and (b) of this section. operator training and qualification in the Federal Register. For the final (a) Increment 1. Submit a final control requirements and inspection compliance increment of progress, you plan by the date 6 months after requirements (if applicable) of this must incorporate all process changes promulgation of the CISWI Federal plan subpart by the date one year after and complete retrofit construction of in the Federal Register. promulgation of the CISWI Federal plan control devices, as specified in the final (b) Increment 2. Reach final in the Federal Register. control plan, so that, when the affected compliance by the date 2 years after (2) You must submit a waste CISWI unit is brought online, all promulgation of the CISWI Federal plan management plan no later than the date necessary process changes and air in the Federal Register. six months after promulgation of the pollution control devices operate as CISWI Federal plan in the Federal § 62.14545 What must I include in each designed. notification of achievement of an increment Register. (4) You must conduct the initial (3) You must achieve final of progress? performance test within 90 days after compliance by the date one year after Your notification of achievement of the date when you are required to promulgation of the CISWI Federal plan an increment of progress must include achieve final compliance under in the Federal Register. To achieve final the four items specified in paragraphs paragraph (b)(3) of this section. (a) through (d) of this section. compliance, you must incorporate all (5) You must submit an initial report process changes and complete retrofit (a) Notification of the date that the including the result of the initial increment of progress has been construction of control devices, as performance no later than 60 days specified in the final control plan, so achieved. following the initial performance test (b) Any items required to be that, if the affected CISWI unit is (see §§ 62.14700 through 62.14760 for brought online, all necessary process submitted with each increment of complete reporting and recordkeeping progress. changes and air pollution control requirements). devices would operate as designed. (c) Signature of the owner or operator (4) You must conduct the initial § 62.14536 What steps are required to of the CISWI unit. performance test within 90 days after request an extension of the initial (d) The date you were required to the date when you are required to compliance date if I plan to continue complete the increment of progress. operation of my CISWI unit? achieve final compliance under § 62.14550 When must I submit a paragraph (a)(3) of this section. If you plan to continue operation and notification of achievement of the first (5) You must submit an initial report want to come into compliance with the increment of progress? including the results of the initial requirements of this subpart after the Your notification for achieving the performance test no later than 60 days date one year after promulgation of the first increment of progress must be following the initial performance test CISWI Federal plan in the Federal postmarked no later the date ten days (see §§ 62.14700 through 62.14760 for Register, but before the date two years after the date that is six months from the complete reporting and recordkeeping after promulgation of the CISWI Federal date of promulgation of the CISWI requirements). plan in the Federal Register, then you Federal plan in the Federal Register. (b) If you plan to continue operation must petition to the Administrator to and come into compliance with the grant you an extension by following the § 62.14555 What if I do not meet an requirements of this subpart after the procedures outlined in paragraphs (a) increment of progress? date one year after promulgation of the and (b) of this section. Failure to meet an increment of CISWI Federal plan in the Federal (a) You must submit your request for progress is a violation of the standards Register, but before the date two years an extension to the EPA Administrator under this subpart. If you fail to meet an after promulgation of the CISWI Federal (or delegated enforcement authority) on increment of progress, you must submit plan in the Federal Register, you must or before the date two months after a notification to the Administrator petition for and be granted an extension promulgation of the CISWI Federal plan postmarked within 10 business days of the final compliance date specified in the Federal Register. after the due date for that increment of § 62.14535(a)(3) by meeting the (b) Your request must include progress. You must inform the requirements of § 62.14536 and you documentation of the analyses Administrator that you did not meet the must meet the requirements for undertaken to support your need for an increment, and you must continue to

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submit reports each subsequent § 62.14565 How do I comply with the Register, then you must petition EPA for calendar month until the increment of increment of progress for achieving final and be granted an extension by progress is met. compliance? following the procedures outlined in For the final compliance increment of paragraphs (b)(1) through (5) of this § 62.14560 How do I comply with the progress, you must incorporate all section. increment of progress for submittal of a process changes and complete retrofit control plan? construction of control devices, as (1) You must submit your request for For your control plan increment of specified in the final control plan, so an extension to the EPA Administrator progress, you must satisfy the two that, when the affected CISWI unit is (or delegated enforcement authority) by requirements specified in paragraphs (a) brought online, all necessary process the date two months after promulgation and (b) of this section. changes and air pollution control of the CISWI Federal plan in the Federal (a) Submit the final control plan that devices operate as designed. Register. Your request must include: includes the six items described in (i) Documentation of the analyses paragraphs (a)(1) through (6) of this § 62.14570 What must I do if I plan to section. permanently close my CISWI unit? undertaken to support your need for an (1) A description of the devices for air If you plan to permanently close your extension, including an explanation of pollution control and process changes CISWI unit, then you must follow the why your requested extension date is that you will use to comply with the requirements in either paragraph (a) or sufficient time for you to shut down emission limitations and other (b) of this section depending on when while the date one year after requirements of this subpart. you plan to shut down. promulgation of the CISWI Federal plan (2) The type(s) of waste to be burned. (a) If you plan to shut down by the in the Federal Register does not provide (3) The maximum design waste date one year after promulgation of the sufficient time for shut down. A request burning capacity. CISWI Federal plan in the Federal based upon the avoidance of costs of (4) The anticipated maximum charge Register, rather that come into meeting provisions of this Subpart is not rate. compliance with the complete set of acceptable and will be denied. Your (5) If applicable, the petition for site- requirements in this subpart, then you documentation must include an specific operating limits under must shut down by the date one year evaluation of the option to transport § 62.14640. after promulgation of the CISWI Federal your waste offsite to a commercial or (6) A schedule that includes the date plan in the Federal Register. You must municipal waste treatment and/or by which you will award the contracts meet the title V operating permit disposal facility on a temporary or to procure emission control equipment requirements of §§ 62.14830 and permanent basis; and or related materials, initiate on-site 62.14835 regardless of when you shut construction, initiate on-site installation down. (ii) Documentation of incremental of emission control equipment, and/or (b) If you plan to shut down rather steps of progress, including dates for incorporate process changes, and the than come into compliance with the completing the increments of progress, date by which you will initiate on-site complete set of requirements of this that you will take towards shutting construction. subpart, but are unable to shut down by down. Some suggested incremental (b) Maintain an onsite copy of the the date one year after promulgation of steps of progress towards shut down are final control plan. the CISWI Federal plan in the Federal provided as follows:

If you . . . then your increments of progress could be . . .

(A) Need an extension so you can install on onsite alter- (1) Date when you will enter into a contract with an alternative treatment technology native waste treatment technology before you shut vendor, down your CISWI. (2) Date for initiating onsite construction or installation of the alternative technology, (3) Date for completing onsite construction or installation of the alternative tech- nology, and (4) Date for shutting down the CISWI. (B) Need an extension so you can acquire the services (1) Date when price quotes will be obtained from commercial disposal companies, of a commercial waste disposal company before you (2) Date when you will enter into a contract with a commercial disposal company, shut down your CISWI. and (3) Date for shutting down the CISWI.

(2) You must shut down no later than agreement must specify the date by requirements in paragraphs (a), (b), or by the date two years after promulgation which operation will cease. The closure (c) of this section depending on when of the CISWI Federal plan in the Federal date cannot be later than the date 2 you plan to come into compliance with Register. years after promulgation of the CISWI the requirements of this subpart. You (3) You must comply with the Federal plan in the Federal Register. must meet the title V operating permit operator training and qualification (5) You must meet the title V requirements of §§ 62.14830 and requirements and inspection operating permit requirements of 62.14835 at the time you restart your requirements (if applicable) of this §§ 62.14830 and 62.14835 regardless of CISWI unit. subpart by the date one year after when you shut down. (a) If you plan to continue operation promulgation of the CISWI Federal plan in the Federal Register. § 62.14575 What must I do if I close my and come into compliance with the CISWI unit and then restart it? requirements of this subpart by the by (4) You must submit a legally binding the date one year after promulgation of closure agreement to the Administrator If you temporarily close your CISWI by the date six months after unit and restart the unit for the purpose the CISWI Federal plan in the Federal promulgation of the CISWI Federal plan of continuing operation of your CISWI Register, then you must complete the in the Federal Register. The closure unit, then you must follow the requirements of § 62.14535(a).

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(b) If you plan to continue operation Operator Training and Qualification § 62.14600 When must the operator and come into compliance with the training course be completed? § 62.14595 What are the operator training (a) The operator training course must requirements of this subpart on or and qualification requirements? before the date two years after be completed by the later of the two (a) You must have a fully trained and promulgation of the CISWI Federal plan dates specified in paragraphs (a)(1) and qualified CISWI unit operator accessible in the Federal Register, then you must (2) of this section. at all times when the unit is in complete the requirements (1) The date one year after operation, either at your facility or able § 62.14535(b). You must have first promulgation of the CISWI Federal plan to be at your facility within one hour. requested and been granted an in the Federal Register. The trained and qualified CISWI unit extension from the initial compliance (2) Six months after an employee operator may operate the CISWI unit assumes responsibility for operating the date by following the requirements of directly or be the direct supervisor of § 62.14536. CISWI unit or assumes responsibility for one or more other plant personnel who supervising the operation of the CISWI (c) If you restart your CISWI unit after operate the unit. If all qualified CISWI unit. the date one year after promulgation of unit operators are temporarily not (b) You must follow the requirements the CISWI Federal plan in the Federal accessible, you must follow the in § 63.14625 if all qualified operators Register and resume operation, but have procedures in § 62.14625. are temporarily not accessible. not previously requested an extension (b) Operator training and qualification by meeting all of the requirements of must be obtained through a State- § 62.14605 How do I obtain my operator § 62.14536, you must meet all of the approved program or by completing the qualification? requirements of § 62.14535(a)(1) through requirements included in paragraph (c) (a) You must obtain operator (a)(5) at the time you restart your CISWI of this section. qualification by completing a training unit. Upon restarting your CISWI unit, (c) Training must be obtained by course that satisfies the criteria under you must have incorporated all process completing an incinerator operator § 62.14595(b) or (c). changes and completed retrofit training course that includes, at a (b) Qualification is valid from the date construction of control devices so that minimum, the three elements described on which the training course is when the affected CISWI unit is brought in paragraphs (c)(1) through (3) of this completed and the operator successfully online, all necessary process changes section. passes the examination required under (1) Training on the thirteen subjects and air pollution control devices § 62.14595(c)(2). listed in paragraphs (c)(1)(i) through operate as designed. (xiii) of this section. § 62.14610 How do I maintain my operator qualification? Waste Management Plan (i) Environmental concerns, including types of emissions. To maintain qualification, you must § 62.14580 What is a waste management (ii) Basic combustion principles, complete an annual review or refresher plan? including products of combustion. course of at least 4 hours covering, at a A waste management plan is a written (iii) Operation of the specific type of minimum, the five topics described in paragraphs (a) through (e) of this plan that identifies both the feasibility incinerator to be used by the operator, including proper startup, waste section. and the methods used to reduce or charging, and shutdown procedures. (a) Update of regulations. separate certain components of solid (iv) Combustion controls and (b) Incinerator operation, including waste from the waste stream in order to monitoring. startup and shutdown procedures, waste reduce or eliminate toxic emissions (v) Operation of air pollution control charging, and ash handling. from incinerated waste. equipment and factors affecting (c) Inspection and maintenance. § 62.14585 When must I submit my waste performance (where applicable). (d) Responses to malfunctions or management plan? (vi) Inspection and maintenance of conditions that may lead to the incinerator and air pollution control malfunction. You must submit a waste management devices. (e) Discussion of operating problems plan no later than the date six months (vii) Actions to correct malfunctions encountered by attendees. after promulgation of the CISWI Federal or conditions that may lead to plan in the Federal Register. malfunction. § 62.14615 How do I renew my lapsed (viii) Bottom and fly ash operator qualification? § 62.14590 What should I include in my characteristics and handling procedures. You must renew a lapsed operator waste management plan? (ix) Applicable Federal, State, and qualification by one of the two methods A waste management plan must local regulations, including specified in paragraphs (a) and (b) of include consideration of the reduction Occupational Safety and Health this section. (a) For a lapse of less than 3 years, or separation of waste-stream elements Administration workplace standards. (x) Pollution prevention. you must complete a standard annual such as paper, cardboard, plastics, glass, (xi) Waste management practices. refresher course described in batteries, or metals; or the use of (xii) Recordkeeping requirements. § 62.14610. recyclable materials. The plan must (xiii) Methods to continuously (b) For a lapse of 3 years or more, you identify any additional waste monitor CISWI unit and air pollution must repeat the initial qualification management measures, and the source control device operating parameters and requirements in § 62.14605(a). must implement those measures monitoring equipment calibration considered practical and feasible, based procedures (where applicable). § 62.14620 What site-specific on the effectiveness of waste (2) An examination designed and documentation is required? management measures already in place, administered by the instructor. (a) Documentation must be available the costs of additional measures, the (3) Written material covering the at the facility and readily accessible for emissions reductions expected to be training course topics that can serve as all CISWI unit operators that addresses achieved, and any other environmental reference material following completion the ten topics described in paragraphs or energy impacts they might have. of the course. (a)(1) through (10) of this section. You

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must maintain this information and the dates of their qualification and all Emission Limitations and Operating training records required by paragraph subsequent renewals of such Limits (c) of this section in a manner that they qualifications. (3) For each qualified operator, the § 62.14630 What emission limitations must can be readily accessed and are suitable I meet and by when? for inspection upon request. phone and/or pager number at which (1) Summary of the applicable they can be reached during operating You must meet the emission standards under this subpart. hours. limitations specified in Table 1 of this (2) Procedures for receiving, handling, subpart by the applicable final and charging waste. § 62.14625 What if all the qualified compliance date for your CISWI unit. operators are temporarily not accessible? (3) Incinerator startup, shutdown, and § 62.14635 What operating limits must I malfunction procedures. If all qualified operators are meet and by when? temporarily not accessible (i.e., not at (4) Procedures for maintaining proper (a) If you use a wet scrubber to combustion air supply levels. the facility and not able to be at the facility within 1 hour), you must meet comply with the emission limitations, (5) Procedures for operating the you must establish operating limits for incinerator and associated air pollution one of the two criteria specified in paragraphs (a) and (b) of this section, four operating parameters (as specified control systems within the standards in table 2 of this subpart) as described depending on the length of time that a established under this subpart. in paragraphs (a)(1) through (4) of this qualified operator is not accessible. (6) Monitoring procedures for section during the initial performance demonstrating compliance with the (a) When all qualified operators are not accessible for more than 8 hours, but test. incinerator operating limits. (1) Maximum charge rate, calculated less than 2 weeks, the CISWI unit may (7) Reporting and recordkeeping using one of the two different be operated by other plant personnel procedures. procedures in paragraph (a)(1)(i) or (ii), familiar with the operation of the CISWI (8) The waste management plan as appropriate. required under §§ 62.14580 through unit who have completed a review of (i) For continuous and intermittent 62.14590. the information specified in units, maximum charge rate is 110 (9) Procedures for handling ash. § 62.14620(a) within the past 12 months. percent of the average charge rate (10) A list of the wastes burned during However, you must record the period measured during the most recent the performance test. when all qualified operators were not performance test demonstrating (b) You must establish a program for accessible and include this deviation in compliance with all applicable emission reviewing the information listed in the annual report as specified under limitations. paragraph (a) of this section with each § 62.14730. (ii) For batch units, maximum charge employee who operates your (b) When all qualified operators are rate is 110 percent of the daily charge incinerator. not accessible for 2 weeks or more, you rate measured during the most recent (1) The initial review of the must take the two actions that are performance test demonstrating information listed in paragraph (a) of described in paragraphs (b)(1) and (2) of compliance with all applicable emission this section must be conducted by the this section. limitations. later of the two dates specified in (1) Notify the Administrator of this (2) Minimum pressure drop across the paragraphs (b)(1)(i) through (ii) of this deviation in writing within 10 days. In wet scrubber, which is calculated as 90 section. the notice, state what caused this percent of the average pressure drop (i) The date 1 year after publication of deviation, what you are doing to ensure across the wet scrubber measured this final rule in the Federal Register. that a qualified operator is accessible, during the most recent performance test (ii) Two months after being assigned and when you anticipate that a qualified demonstrating compliance with the to operate the CISWI unit. operator will be accessible. particulate matter emission limitations; (2) Subsequent annual reviews of the (2) Submit a status report to the or minimum amperage to the wet information listed in paragraph (a) of Administrator every 4 weeks outlining scrubber, which is calculated as 90 this section must be conducted no later what you are doing to ensure that a percent of the average amperage to the than 12 months following the previous qualified operator is accessible, stating wet scrubber measured during the most review. when you anticipate that a qualified recent performance test demonstrating (c) You must also maintain the operator will be accessible and compliance with the particulate matter information specified in paragraphs requesting approval from the emission limitations. (c)(1) through (3) of this section. Administrator to continue operation of (3) Minimum scrubber liquor flow (1) Records showing the names of all the CISWI unit. You must submit the rate, which is calculated as 90 percent plant personnel who operate your first status report 4 weeks after you of the average liquor flow rate at the CISWI unit who have completed review notify the Administrator of the inlet to the wet scrubber measured of the information in § 62.14620(a) as deviation under paragraph (b)(1) of this during the most recent performance test required by § 62.14620(b), including the section. If the Administrator notifies demonstrating compliance with all date of the initial review and all you that your request to continue applicable emission limitations. subsequent annual reviews. operation of the CISWI unit is (4) Minimum scrubber liquor pH, (2) Records showing the names of all disapproved, the CISWI unit may which is calculated as 90 percent of the plant personnel who operate your continue operation for 90 days, then average liquor pH at the inlet to the wet CISWI unit who have completed the must cease operation. Operation of the scrubber measured during the most operator training requirements under unit may resume if you meet the two recent performance test demonstrating § 62.14595, met the criteria for requirements in paragraphs (b)(2)(i) and compliance with the hydrogen chloride qualification under § 62.14605, and (ii) of this section. emission limitation. maintained or renewed their (i) A qualified operator is accessible (b) You must meet the operating qualification under § 62.14610 or as required under § 62.14595(a). limits established during the initial § 62.14615. Records must include (ii) You notify the Administrator that performance test on the date the initial documentation of training, the dates of a qualified operator is accessible and performance test is required or the initial refresher training, and the that you are resuming operation. completed (whichever is earlier).

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(c) If you use a fabric filter to comply (a) Identification of the specific Performance Testing with the emission limitations, you must parameters you propose to use as operate each fabric filter system such additional operating limits. § 62.14650 How do I conduct the initial and annual performance test? that the bag leak detection system alarm (b) A discussion of the relationship does not sound more than 5 percent of between these parameters and emissions (a) All performance tests must consist the operating time during any 6-month of regulated pollutants, identifying how of a minimum of three test runs period. In calculating this operating emissions of regulated pollutants conducted under conditions time percentage, if inspection of the change with changes in these representative of normal operations. fabric filter demonstrates that no parameters, and how limits on these (b) You must document that the waste corrective action is required, no alarm parameters will serve to limit emissions burned during the performance test is time is counted. If corrective action is of regulated pollutants. representative of the waste burned required, each alarm shall be counted as (c) A discussion of how you will under normal operating conditions by a minimum of 1 hour. If you take longer establish the upper and/or lower values maintaining a log of the quantity of than 1 hour to initiate corrective action, for these parameters which will waste burned (as required in the alarm time shall be counted as the establish the operating limits on these § 62.14700(b)(1)) and the types of waste actual amount of time taken by you to parameters. burned during the performance test. initiate corrective action. (d) A discussion identifying the (c) All performance tests must be § 62.14640 What if I do not use a wet methods you will use to measure and conducted using the minimum run scrubber to comply with the emission the instruments you will use to monitor duration specified in Table 1 of this limitations? these parameters, as well as the relative subpart. accuracy and precision of these methods If you use an air pollution control (d) Method 1 of 40 CFR part 60, and instruments. device other than a wet scrubber, or Appendix A must be used to select the limit emissions in some other manner, (e) A discussion identifying the sampling location and number of to comply with the emission limitations frequency and methods for recalibrating traverse points. under § 62.14630, you must petition the the instruments you will use for Administrator for specific operating monitoring these parameters. (e) Method 3A or 3B of 40 CFR part limits to be established during the 60, Appendix A must be used for gas initial performance test and § 62.14645 What happens during periods composition analysis, including continuously monitored thereafter. You of startup, shutdown, and malfunction? measurement of oxygen concentration. must not conduct the initial (a) The emission limitations and Method 3A or 3B of 40 CFR part 60, performance test until after the petition operating limits apply at all times Appendix A must be used has been approved by the except during periods of CISWI unit simultaneously with each method. Administrator. Your petition must startup, shutdown, or malfunction as (f) All pollutant concentrations, include the five items listed in defined in § 62.14840. except for opacity, must be adjusted to paragraphs (a) through (e) of this (b) Each malfunction must last no 7 percent oxygen using Equation 1 of section. longer than three hours. this section:

=−()− Cadj Cmeas 20./.% 9 7() 20 9 O2 (Eq. 1)

Where: section to obtain the total concentration § 62.14665 By what date must I conduct the initial performance test? Cadj = pollutant concentration adjusted of dioxins/furans emitted in terms of to 7 percent oxygen; toxic equivalency. The initial performance test must be Cmeas = pollutant concentration conducted no later than 90 days after measured on a dry basis; § 62.14655 How are the performance test your final compliance date. ¥ data used? (20.9–7) = 20.9 percent oxygen 7 Continuous Compliance Requirements percent oxygen (defined oxygen You use results of performance tests correction basis); to demonstrate compliance with the § 62.14670 How do I demonstrate 20.9 = oxygen concentration in air, emission limitations in Table 1 of this continuous compliance with the emission limitations and the operating limits? percent; and subpart. %O2 = oxygen concentration measured (a) You must conduct an annual on a dry basis, percent. Initial Compliance Requirements performance test for particulate matter, (g) You must determine dioxins/ hydrogen chloride, and opacity for each furans toxic equivalency by following § 62.14660 How do I demonstrate initial CISWI unit as required under 40 CFR compliance with the emission limitations 60.8 to determine compliance with the the procedures in paragraphs (g)(1) and establish the operating limits? through (3) of this section. emission limitations. The annual (1) Measure the concentration of each You must conduct an initial performance test must be conducted dioxin/furan tetra- through octa- performance test, as required under 40 using the test methods listed in Table 1 congener emitted using EPA Method 23. CFR 60.8, to determine compliance with of this subpart and the procedures in (2) For each dioxin/furan congener the emission limitations in Table 1 of § 62.14650. measured in accordance with paragraph this subpart and to establish operating (b) You must continuously monitor (g)(1) of this section, multiply the limits using the procedure in § 62.14635 the operating parameters specified in congener concentration by its or § 62.14640. The initial performance § 62.14635 or established under corresponding toxic equivalency factor test must be conducted using the test § 62.14640. Operation above the established maximum or below the specified in Table 3 of this subpart. methods listed in Table 1 of this subpart (3) Sum the products calculated in established minimum operating limits and the procedures in § 62.14650. accordance with paragraph (g)(2) of this constitutes a deviation from the

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established operating limits. Three-hour Monitoring emission limitations under § 62.14630, rolling average values are used to you must install, calibrate (to the determine compliance (except for § 62.14690 What monitoring equipment manufacturers’ specifications), must I install and what parameters must I baghouse leak detection system alarms) monitor? maintain, and operate the equipment unless a different averaging period is necessary to monitor compliance with established under § 62.14640. Operating (a) If you are using a wet scrubber to the site-specific operating limits limits do not apply during performance comply with the emission limitation established using the procedures in tests. under § 62.14630, you must install, § 62.14640. calibrate (to manufacturers’ (c) You must only burn the same specifications), maintain, and operate § 62.14695 Is there a minimum amount of types of waste used to establish devices (or establish methods) for monitoring data I must obtain? operating limits during the performance monitoring the value of the operating (a) Except for monitoring test. parameters used to determine malfunctions, associated repairs, and § 62.14675 By what date must I conduct compliance with the operating limits required quality assurance or quality the annual performance test? listed in Table 2 of this subpart. These control activities (including, as devices (or methods) must measure and applicable, calibration checks and You must conduct annual record the values for these operating required zero and span adjustments of performance tests for particulate matter, parameters at the frequencies indicated the monitoring system), you must hydrogen chloride, and opacity within in Table 2 of this subpart at all times conduct all monitoring at all times the 12 months following the initial except as specified in § 62.14695(a). CISWI unit is operating. performance test. Conduct subsequent (b) If you use a fabric filter to comply (b) Do not use data recorded during annual performance tests within 12 with the requirements of this subpart, monitor malfunctions, associated months following the previous one. you must install, calibrate, maintain, repairs, and required quality assurance § 62.14680 May I conduct performance and continuously operate a bag leak or quality control activities for meeting testing less often? detection system as specified in the requirements of this subpart, paragraphs (b)(1) through (8) of this including data averages and (a) You can test less often for a given section. calculations. You must use all the data pollutant if you have test data for at (1) You must install and operate a bag collected during all other periods in least 3 years, and all performance tests leak detection system for each exhaust assessing compliance with the operating for the pollutant (particulate matter, stack of the fabric filter. limits. hydrogen chloride, or opacity) over 3 (2) Each bag leak detection system consecutive years show that you comply must be installed, operated, calibrated, Recordkeeping and Reporting with the emission limitation. In this and maintained in a manner consistent § 62.14700 What records must I keep? case, you do not have to conduct a with the manufacturer’s written You must maintain the 13 items (as performance test for that pollutant for specifications and recommendations. applicable) as specified in paragraphs the next 2 years. You must conduct a (3) The bag leak detection system (a) through (m) of this section for a performance test during the third year must be certified by the manufacturer to period of at least 5 years: and no later than 36 months following be capable of detecting particulate (a) Calendar date of each record. the previous performance test. matter emissions at concentrations of 10 (b) Records of the data described in (b) If your CISWI unit continues to milligrams per actual cubic meter or paragraphs (b)(1) through (6) of this meet the emission limitation for less. section: particulate matter, hydrogen chloride, or (4) The bag leak detection system (1) The CISWI unit charge dates, opacity, you may choose to conduct sensor must provide output of relative times, weights, and hourly charge rates. performance tests for these pollutants or absolute particulate matter loadings. (2) Liquor flow rate to the wet every third year, but each test must be (5) The bag leak detection system scrubber inlet every 15 minutes of within 36 months of the previous must be equipped with a device to operation, as applicable. performance test. continuously record the output signal (3) Pressure drop across the wet from the sensor. scrubber system every 15 minutes of (c) If a performance test shows a (6) The bag leak detection system operation or amperage to the wet deviation from an emission limitation must be equipped with an alarm system scrubber every 15 minutes of operation, for particulate matter, hydrogen that will sound automatically when an as applicable. chloride, or opacity, you must conduct increase in relative particulate matter (4) Liquor pH as introduced to the wet annual performance tests for that emissions over a preset level is detected. scrubber every 15 minutes of operation, pollutant until all performance tests The alarm must be located where it is as applicable. over a 3-year period show compliance. easily heard by plant operating (5) For affected CISWI units that § 62.14685 May I conduct a repeat personnel. establish operating limits for controls performance test to establish new operating (7) For positive pressure fabric filter other than wet scrubbers under limits? systems, a bag leak detection system § 62.14640, you must maintain data must be installed in each baghouse collected for all operating parameters (a) Yes. You may conduct a repeat compartment or cell. For negative used to determine compliance with the performance test at any time to establish pressure or induced air fabric filters, the operating limits. new values for the operating limits. The bag leak detector must be installed (6) If a fabric filter is used to comply Administrator may request a repeat downstream of the fabric filter. with the emission limitations, you must performance test at any time. (8) Where multiple detectors are record the date, time, and duration of (b) You must repeat the performance required, the system’s instrumentation each alarm and the time corrective test if your feed stream is different than and alarm may be shared among action was initiated and completed, and the feed streams used during any detectors. a brief description of the cause of the performance test used to demonstrate (c) If you are using something other alarm and the corrective action taken. compliance. than a wet scrubber to comply with the You must also record the percent of

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operating time during each 6-month (m) On a daily basis, keep a log of the (b) Statement by a responsible official, period that the alarm sounds, calculated quantity of waste burned and the types with that official’s name, title, and as specified in § 62.14635(c). of waste burned (always required). signature, certifying the accuracy of the (c) Identification of calendar dates content of the report. and times for which monitoring systems § 62.14705 Where and in what format must (c) Date of report and beginning and I keep my records? used to monitor operating limits were ending dates of the reporting period. inoperative, inactive, malfunctioning, or All records must be available onsite in (d) The values for the operating limits out of control (except for downtime either paper copy or computer-readable established pursuant to § 62.14635 or associated with zero and span and other format that can be printed upon request, § 62.14640. routine calibration checks). Identify the unless an alternative format is approved (e) If no deviation from any emission operating parameters not measured, the by the Administrator. limitation or operating limit that applies to you has been reported, a statement duration, reasons for not obtaining the § 62.14710 What reports must I submit? data, and a description of corrective that there was no deviation from the See Table 4 of this subpart for a actions taken. emission limitations or operating limits summary of the reporting requirements. (d) Identification of calendar dates, during the reporting period, and that no times, and durations of malfunctions, § 62.14715 When must I submit my waste monitoring system used to determine and a description of the malfunction management plan? compliance with the operating limits was inoperative, inactive, and the corrective action taken. You must submit the waste (e) Identification of calendar dates malfunctioning or out of control. management plan no later than the date (f) The highest recorded 3-hour and times for which data show a six months after promulgation of the average and the lowest recorded 3-hour deviation from the operating limits in CISWI Federal plan in the Federal average, as applicable, for each table 2 of this subpart or a deviation Register. operating parameter recorded for the from other operating limits established calendar year being reported. under § 62.14640 with a description of § 62.14720 What information must I submit following my initial performance test? (g) Information recorded under the deviations, reasons for such § 62.14700(b)(6) and (c) through (e) for deviations, and a description of You must submit the information specified in paragraphs (a) through (c) of the calendar year being reported. corrective actions taken. (h) If a performance test was this section no later than 60 days (f) The results of the initial, annual, conducted during the reporting period, following the initial performance test. and any subsequent performance tests the results of that test. conducted to determine compliance All reports must be signed by the (i) If you met the requirements of with the emission limits and/or to facilities manager. § 62.14680(a) or (b), and did not conduct establish operating limits, as applicable. (a) The complete test report for the a performance test during the reporting Retain a copy of the complete test report initial performance test results obtained period, you must state that you met the including calculations. under § 62.14660, as applicable. requirements of § 62.14680(a) or (b), (g) Records showing the names of (b) The values for the site-specific and, therefore, you were not required to CISWI unit operators who have operating limits established in conduct a performance test during the completed review of the information in § 62.14635 or § 62.14640. reporting period. § 62.14620(a) as required by (c) If you are using a fabric filter to (j) Documentation of periods when all § 62.14620(b), including the date of the comply with the emission limitations, qualified CISWI unit operators were initial review and all subsequent annual documentation that a bag leak detection unavailable for more than 8 hours, but reviews. system has been installed and is being less than 2 weeks. (h) Records showing the names of the operated, calibrated, and maintained as CISWI operators who have completed required by § 62.14690(b). § 62.14735 What else must I report if I have a deviation from the operating limits or the the operator training requirements § 62.14725 When must I submit my annual emission limitations? under § 62.14595, met the criteria for report? qualification under § 62.14605, and (a) You must submit a deviation You must submit an annual report no report if any recorded 3-hour average maintained or renewed their later than 12 months following the qualification under § 62.14610 or parameter level is above the maximum submission of the information in operating limit or below the minimum § 62.14615. Records must include § 62.14720. You must submit documentation of training, the dates of operating limit established under this subsequent reports no more than 12 subpart, if the bag leak detection system the initial and refresher training, and months following the previous report. the dates of their qualification and all alarm sounds for more than 5 percent of As with all other requirements in this the operating time for any 6-month subsequent renewals of such subpart, the requirement to submit an qualifications. reporting period, or if a performance test annual report does not modify or was conducted that deviated from any (i) For each qualified operator, the replace the operating permit emission limitation. phone and/or pager number at which requirements of 40 CFR parts 70 and 71. (b) The deviation report must be they can be reached during operating submitted by August 1 of that year for hours. § 62.14730 What information must I include in my annual report? data collected during the first half of the (j) Records of calibration of any calendar year (January 1 to June 30), and monitoring devices as required under The annual report required under by February 1 of the following year for § 62.14690. § 62.14725 must include the ten items data you collected during the second (k) Equipment vendor specifications listed in paragraphs (a) through (j) of half of the calendar year (July 1 to and related operation and maintenance this section. If you have a deviation December 31). requirements for the incinerator, from the operating limits or the emission controls, and monitoring emission limitations, you must also § 62.14740 What must I include in the equipment. submit deviation reports as specified in deviation report? (l) The information listed in §§ 62.14735, 62.14740, and 62.14745. In each report required under § 62.14620(a). (a) Company name and address. § 62.14735, for any pollutant or

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parameter that deviated from the § 62.14755 In what form can I submit my CISWI Federal plan in the Federal emission limitations or operating limits reports? Register. specified in this subpart, include the six Submit initial, annual, and deviation (b) If you close your incinerator but items described in paragraphs (a) reports electronically or in paper format, will restart it after the date one year through (f) of this section. postmarked on or before the submittal after promulgation of the CISWI Federal (a) The calendar dates and times your due dates. plan in the Federal Register, you must unit deviated from the emission § 62.14760 Can reporting dates be have completed any needed emission limitations or operating limit changed? control retrofits and meet the opacity requirements. If the Administrator agrees, you may limits of § 62.14815 on the date your (b) The averaged and recorded data incinerator restarts operation. for those dates. change the semiannual or annual (c) Duration and causes of each reporting dates. See 40 CFR 60.19(c) for (c) You must meet the title V deviation from the emission limitations procedures to seek approval to change operating permit requirements of or operating limits and your corrective your reporting date. §§ 62.14830 and 62.14835 at the time actions. Air Curtain Incinerators that Burn 100 you restart your air curtain incinerator. (d) A copy of the operating limit Percent Wood Wastes and Clean § 62.14810 What must I do if I plan to monitoring data during each deviation Lumber permanently close my air curtain and any test report that documents the incinerator and not restart it? emission levels. § 62.14765 What is an air curtain (e) The dates, times, number, incinerator? If you plan to permanently close your duration, and causes for monitoring An air curtain incinerator operates by incinerator rather than comply with this downtime incidents (other than forcefully projecting a curtain of air subpart, you must submit a closure downtime associated with zero, span, across an open chamber or open pit in notification, including the date of and other routine calibration checks). which combustion occurs. Incinerators closure, to the Administrator by the date (f) Whether each deviation occurred of this type can be constructed above or by the 180 days after promulgation of during a period of startup, shutdown, or below ground and with or without the CISWI Federal plan in the Federal malfunction, or during another period. refractory walls and floor. (Air curtain Register. You must meet the title V incinerators are different from operating permit requirements of § 62.14745 What else must I report if I have conventional combustion devices which §§ 62.14830 and 62.14835 regardless of a deviation from the requirement to have a typically have enclosed fireboxes and when you shut down. qualified operator accessible? controlled air technology such as mass (a) If all qualified operators are not § 62.14815 What are the emission burn, modular, and fluidized bed limitations for air curtain incinerators that accessible for two weeks or more, you combustors.) must take the two actions in paragraphs burn 100 percent wood wastes and clean lumber? (a)(1) and (2) of this section. § 62.14770 When must I achieve final (1) Within ten days of each deviation, compliance? (a) After the date the initial test for you must submit a notification that If you plan to continue operating, opacity is required or completed includes the three items in paragraphs then you must achieve final compliance (whichever is earlier), you must meet (a)(1)(i) through (iii) of this section. by the date one year after promulgation the limitations in paragraphs (a)(1) and (i) A statement of what caused the of the CISWI Federal plan in the Federal (2) of this section. deviation. Register. It is unlawful for your air (1) The opacity limitation is 10 (ii) A description of what you are curtain incinerator to operate after the percent (6-minute average), except as doing to ensure that a qualified operator date one year after promulgation of the described in paragraph (a)(2) of this is accessible. CISWI Federal plan in the Federal section. (iii) The date when you anticipate that Register if you have not achieved final a qualified operator will be available. compliance. An air curtain incinerator (2) The opacity limitation is 35 (2) Submit a status report to the that continues to operate after the date percent (6-minute average) during the Administrator every 4 weeks that one year after promulgation of the startup period that is within the first 30 includes the three items in paragraphs CISWI Federal plan in the Federal minutes of operation. (a)(2)(i) through (iii) of this section. Register without being in compliance is (b) Except during malfunctions, the (i) A description of what you are subject to penalties. requirements of this subpart apply at all doing to ensure that a qualified operator times, and each malfunction must not is accessible. § 62.14795 How do I achieve final exceed 3 hours. (ii) The date when you anticipate that compliance? a qualified operator will be accessible. For the final compliance, you must § 62.14820 How must I monitor opacity for (iii) Request approval from the complete all equipment changes and air curtain incinerators that burn 100 Administrator to continue operation of retrofit installation control devices so percent wood wastes and clean lumber? the CISWI unit. that, when the affected air curtain (a) Use Method 9 of 40 CFR part 60, (b) If your unit was shut down by the incinerator is placed into service, all Appendix A to determine compliance Administrator, under the provisions of necessary equipment and air pollution with the opacity limitation. § 62.14625(b)(2), due to a failure to control devices operate as designed and (b) Conduct an initial test for opacity provide an accessible qualified operator, meet the opacity limits of § 62.14815. as specified in § 60.8 no later than 90 you must notify the Administrator that days after the date one year after you are resuming operation once a § 62.14805 What must I do if I close my air curtain incinerator and then restart it? promulgation of the CISWI Federal plan qualified operator is accessible. (a) If you close your incinerator but in the Federal Register. § 62.14750 Are there any other will reopen it prior to the final (c) After the initial test for opacity, notifications or reports that I must submit? compliance date in this subpart, you conduct annual tests no more than 12 Yes. You must submit notifications as must achieve final compliance by the calendar months following the date of provided by 40 CFR 60.7. date one year after promulgation of the your previous test.

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§ 62.14825 What are the recordkeeping 40 CFR 70.5(a)(2) or 71.5(a)(2). You Clean lumber means wood or wood and reporting requirements for air curtain must submit a complete permit products that have been cut or shaped incinerators that burn 100 percent wood application by the relevant application and include wet, air-dried, and kiln- wastes and clean lumber? deadline in order to operate after this dried wood products. Clean lumber (a) Keep records of results of all initial date in compliance with Federal law. does not include wood products that and annual opacity tests onsite in either See sections 503(d) and 502(a) of the have been painted, pigment-stained, or paper copy or electronic format, unless Clean Air Act; 40 CFR 70.7(b) and pressure-treated by compounds such as the Administrator approves another 71.7(b). chromate copper arsenate, format, for at least 5 years. Definitions pentachlorophenol, and creosote. (b) Make all records available for Commercial and industrial solid submittal to the Administrator or for an § 62.14840 What definitions must I know? waste incineration (CISWI) unit means inspector’s onsite review. Terms used but not defined in this any combustion device that combusts (c) Submit an initial report no later subpart are defined in the Clean Air Act, commercial and industrial waste, as than 60 days following the initial subparts A and B of part 60 and subpart defined in this subpart. The boundaries opacity test that includes the A of this part 62. of a CISWI unit are defined as, but not information specified in paragraphs Administrator means the limited to, the commercial or industrial (c)(1) and (2) of this section. Administrator of the U.S. solid waste fuel feed system, grate (1) The types of materials you plan to Environmental Protection Agency or system, flue gas system, and bottom ash. combust in your air curtain incinerator. his/her authorized representative or The CISWI unit does not include air (2) The results (each 6-minute Administrator of a State Air Pollution pollution control equipment or the average) of the initial opacity tests. Control Agency. stack. The CISWI unit boundary starts at (d) Submit annual opacity test results Agricultural waste means vegetative the commercial and industrial solid within 12 months following the agricultural materials such as nut and waste hopper (if applicable) and extends previous report. grain hulls and chaff (e.g., almond, through two areas: (e) Submit initial and annual opacity walnut, peanut, rice, and wheat), (1) The combustion unit flue gas test reports as electronic or paper copy bagasse, orchard prunings, corn stalks, system, which ends immediately after on or before the applicable submittal coffee bean hulls and grounds, and the last combustion chamber. date and keep a copy onsite for a period other vegetative waste materials (2) The combustion unit bottom ash of 5 years. generated as a result of agricultural system, which ends at the truck loading Title V Requirements operations. station or similar equipment that Air curtain incinerator means an transfers the ash to final disposal. It § 62.14830 Does this subpart require me to incinerator that operates by forcefully includes all ash handling systems obtain an operating permit under title V of projecting a curtain of air across an open the Clean Air Act? connected to the bottom ash handling chamber or pit in which combustion system. Yes. If you are subject to this subpart, occurs. Incinerators of this type can be Commercial and industrial waste, for you are required to apply for and obtain constructed above or below ground and the purposes of this subpart, means a title V operating permit unless you with or without refractory walls and solid waste combusted in an enclosed meet the relevant requirements floor. (Air curtain incinerators are device using controlled flame specified in 40 CFR 62.14525(a)–(h) and different from conventional combustion combustion without energy recovery (j)–(o) and all of the requirements devices which typically have enclosed that is a distinct operating unit of any specified in 40 CFR 62.14531. fireboxes and controlled air technology commercial or industrial facility such as mass burn, modular, and (including field-erected, modular, and § 62.14835 When must I submit a title V fluidized bed combustors.) permit application for my existing CISWI Auxiliary fuel means natural gas, custom built incineration units unit? liquified petroleum gas, fuel oil, or operating with starved or excess air), or (a) If your existing CISWI unit is not diesel fuel. solid waste combusted in an air curtain subject to an earlier permit application Bag leak detection system means an incinerator without energy recovery that deadline, a complete title V permit instrument that is capable of monitoring is a distinct operating unit of any application must be submitted not later particulate matter loadings in the commercial or industrial facility. than the date 36 months after exhaust of a fabric filter (i.e., baghouse) Contained gaseous material means promulgation of 40 CFR part 60, subpart in order to detect bag failures. A bag gases that are in a container when that DDDD (December 1, 2003), or by the leak detection system includes, but is container is combusted. effective date of the applicable State, not limited to, an instrument that Cyclonic barrel burner means a Tribal, or Federal operating permits operates on triboelectric, light combustion device for waste materials program, whichever is later. For any scattering, light transmittance, or other that is attached to a 55 gallon, open- existing CISWI unit not subject to an principle to monitor relative particulate head drum. The device consists of a lid, earlier application deadline, this final matter loadings. which fits onto and encloses the drum, application deadline applies regardless Calendar quarter means three and a blower that forces combustion air of when this Federal plan is effective, or consecutive months (nonoverlapping) into the drum in a cyclonic manner to when the relevant State or Tribal section beginning on: January 1, April 1, July 1, enhance the mixing of waste material 111(d)/129 plan is approved by EPA and or October 1. and air. becomes effective. See sections 129(e), Calendar year means 365 consecutive Deviation means any instance in 503(c), 503(d), and 502(a) of the Clean days starting on January 1 and ending which an affected source subject to this Air Act. on December 31. subpart, or an owner or operator of such (b) A ‘‘complete’’ title V permit Chemotherapeutic waste means waste a source: application is one that has been material resulting from the production (1) Fails to meet any requirement or determined or deemed complete by the or use of antineoplastic agents used for obligation established by this subpart, relevant permitting authority under the purpose of stopping or reversing the including but not limited to any section 503(d) of the Clean Air Act and growth of malignant cells. emission limitation, operating limit, or

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operator qualification and accessibility and installing the CISWI unit (not Solid waste means any garbage, requirements; including the cost of land) updated to refuse, sludge from a waste treatment (2) Fails to meet any term or condition current costs (current dollars). To plant, water supply treatment plant, or that is adopted to implement an determine what systems are within the air pollution control facility and other applicable requirement in this subpart boundary of the CISWI unit used to discarded material, including solid, and that is included in the operating calculate these costs, see the definition liquid, semisolid, or contained gaseous permit for any affected source required of CISWI unit. material resulting from industrial, to obtain such a permit; or (2) Any physical change in the CISWI commercial, mining, agricultural (3) Fails to meet any emission unit or change in the method of operations, and from community limitation, operating limit, or operator operating it that increases the amount of activities, but does not include solid or qualification and accessibility any air pollutant emitted for which dissolved material in domestic sewage, requirement in this subpart during section 129 or section 111 of the Clean or solid or dissolved materials in startup, shutdown, or malfunction, Air Act has established standards. irrigation return flows or industrial regardless or whether or not such failure Particulate matter means total discharges which are point sources is permitted by this subpart. particulate matter emitted from CISWI subject to permits under section 402 of Dioxins/furans means tetra- through units as measured by Method 5 or the Federal Water Pollution Control Act, octachlorinated dibenzo-p-dioxins and Method 29 of 40 CFR part 60, Appendix as amended (86 Stat. 880), or source, dibenzofurans. A. special nuclear, or byproduct material Discard means, for purposes of this Parts reclamation unit means a unit as defined by the Atomic Energy Act of subpart and 40 CFR part 60, subpart that burns coatings off parts (e.g., tools, 1954, as amended (68 Stat. 923). For DDDD, only, burned in an incineration equipment) so that the parts can be purposes of this subpart and 40 CFR unit without energy recovery. reconditioned and reused. part 60, subpart DDDD, only, solid Drum reclamation unit means a unit Pathological waste means waste waste does not include the waste that burns residues out of drums (e.g., material consisting of only human or burned in the fifteen types of units 55 gallon drums) so that the drums can animal remains, anatomical parts, and/ described in 40 CFR 60.2555 of subpart be reused. or tissue, the bags/containers used to DDDD and § 62.14525 of this subpart. Energy recovery means the process of collect and transport the waste material, Standard conditions, when referring recovering thermal energy from and animal bedding (if applicable). to units of measure, means a combustion for useful purposes such as Rack reclamation unit means a unit temperature of 68°F (20°C) and a steam generation or process heating. that burns the coatings off racks used to pressure of 1 atmosphere (101.3 Fabric filter means an add-on air hold small items for application of a kilopascals). pollution control device used to capture coating. The unit burns the coating Startup period means the period of particulate matter by filtering gas overspray off the rack so the rack can be time between the activation of the streams through filter media, also reused. system and the first charge to the unit. known as a baghouse. Reconstruction means rebuilding a Low-level radioactive waste means CISWI unit and meeting two criteria: Tribal plan means a plan submitted waste material which contains (1) The reconstruction begins on or by a Tribal Authority pursuant to 40 radioactive nuclides emitting primarily after promulgation of the final CISWI CFR parts 9, 35, 49, 50, and 81 that beta or gamma radiation, or both, in emission guidelines in 40 CFR part 60, implements and enforces 40 CFR part concentrations or quantities that exceed subpart DDDD. 60, subpart DDDD. applicable Federal or State standards for (2) The cumulative cost of the Wet scrubber means an add-on air unrestricted release. Low-level construction over the life of the pollution control device that utilizes an radioactive waste is not high-level incineration unit exceeds 50 percent of aqueous or alkaline scrubbing liquor to radioactive waste, spent nuclear fuel, or the original cost of building and collect particulate matter (including by-product material as defined by the installing the CISWI unit (not including nonvaporous metals and condensed Atomic Energy Act of 1954 (42 U.S.C. land) updated to current costs (current organics) and/or to absorb and 2014(e)(2)). dollars). To determine what systems are neutralize acid gases. Malfunction means any sudden, within the boundary of the CISWI unit Wood waste means untreated wood infrequent, and not reasonably used to calculate these costs, see the and untreated wood products, including preventable failure of air pollution definition of CISWI unit. tree stumps (whole or chipped), trees, control equipment, process equipment, Refuse-derived fuel means a type of tree limbs (whole or chipped), bark, or a process to operate in a normal or municipal solid waste produced by sawdust, chips, scraps, slabs, millings, usual manner. Failures that are caused, processing municipal solid waste and shavings. Wood waste does not in part, by poor maintenance or careless through shredding and size include: operation are not malfunctions. classification. This includes all classes (1) Grass, grass clippings, bushes, Modification or modified CISWI unit of refuse-derived fuel including two shrubs, and clippings from bushes and means a CISWI unit you have changed fuels: shrubs from residential, commercial/ later than promulgation of the final (1) Low-density fluff refuse-derived retail, institutional, or industrial sources CISWI emission guidelines in 40 CFR fuel through densified refuse-derived as part of maintaining yards or other part 60, subpart DDDD and that meets fuel. private or public lands. one of two criteria: (2) Pelletized refuse-derived fuel. (1) The cumulative cost of the changes Shutdown means the period of time (2) Construction, renovation, or over the life of the unit exceeds 50 after all waste has been combusted in demolition wastes. percent of the original cost of building the primary chamber. (3) Clean lumber.

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TABLE 1 OF SUBPART III OF PART 62.—EMISSION LIMITATIONS

And determining compliance using this For the air pollutant You must meet this emission Using this averaging time limitation a method

Cadmium ...... 0.004 milligrams per dry 3-run average (1 hour min- Performance test (Method 29 of ap- standard cubic meter. imum sample time per run). pendix A of part 60) Carbon monoxide ...... 157 parts per million by dry 3-run average (1 hour min- Performance test (Method 10, 10A, or volume. imum sample time per run). 10B, of appendix A of part 60) Dioxins/furans (toxic equivalency basis) 0.41 nanograms per dry 3-run average (4 hour min- Performance test (Method 23 of ap- standard cubic meter. imum sample time per run). pendix A of part 60) Hydrogen chloride ...... 62 parts per million by dry 3-run average (1 hour min- Performance test (Method 26A of ap- volume. imum sample time per run). pendix A of part 60) Lead ...... 0.04 milligrams per dry 3-run average (1 hour min- Performance test (Method 29 of ap- standard cubic meter. imum sample time per run). pendix A of part 60) Mercury ...... 0.47 milligrams per dry 3-run average (1 hour min- Performance test (Method 29 of ap- standard cubic meter. imum sample time per run). pendix A of part 60) Opacity ...... 10 percent ...... 6-minute averages ...... Performance test (Method 9 of appen- dix A of part 60) Oxides of nitrogen ...... 388 parts per million by dry 3-run average (1 hour min- Performance test (Methods average 7, volume. imum sample time per run). 7A, 7C, 7D, or 7E of appendix A of part 60) Particulate matter ...... 70 milligrams per dry stand- 3-run average (1 hour min- Performance test (Method 5 or 29 of ard cubic meter. imum sample time per run). appendix A of part 60) Sulfur dioxide ...... 20 parts per million by dry 3-run average (1 hour min- Performance test (Method 6 or 6c of volume. imum sample time per run). appendix A of part volume 60) a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

TABLE 2 OF SUBPART III OF PART 62.—OPERATING LIMITS FOR WET SCRUBBERS

And monitor using these minimum frequencies For these operating param- You must establish these eters operating limits Data measure- ment Data recording Averaging time

Charge rate ...... Maximum charge rate ...... Continuous ...... Every hour ...... 1. Daily (batch units). 2. 3-hour rolling (continuous and intermit- tent units).a Pressure drop across the wet Minimum pressure drop or Continuous ...... Every 15 min- 3-hour rolling.a scrubber or amperage to amperage. utes. wet scrubber. Scrubber liquor flow rate ...... Minimum flow rate ...... Continuous ...... Every 15 min- 3-hour rolling.a utes. Scrubber liquor pH ...... Minimum pH ...... Continuous ...... Every 15 min- 3-hour rolling a utes. a Calculated each hour as the average of the previous 3 operating hours.

TABLE 3 OF SUBPART III OF PART 62.—TOXIC EQUIVALENCY FACTORS

Toxic equiva- Dioxin/furan congener lency fac- tor

A. 2,3,7,8-tetrachlorinated dibenzo-p-dioxin ...... 1 B. 12,3,7,8-pentachlorinated dibenzo-p-dioxin ...... 0.5 C. 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...... 0.1 D. 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...... 0.1 E. 12,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...... 0.1 F. 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin ...... 0.01 G. 0ctachlorinated dibenzo-p-dioxin ...... 0.001 H. 2,3,7,8-tetrachlorinated dibenzofuran ...... 0.1 I. 2,3,4,7,8-pentachlorinated dibenzofuran ...... 0.5 J.1,2,3,7,8-pentachlorinated dibenzofuran ...... 0.05 K. 1,2,3,4,7,8-hexachlorinated dibenzofuran ...... 0.1 L. 1,2,3,6,7,8-hexachlorinated dibenzofuran ...... 0.1 M. 1,2,3,7,8,9-hexachlorinated dibenzofuran ...... 0.1 N. 2,3,4,6,7,8-hexachlorinated dibenzofuran ...... 0.1 O. 1,2,3,4,6,7,8-heptachlorinated dibenzofuran ...... 0.01 P. 1,2,3,4,7,8,9-heptachlorinated dibenzofuran ...... 0.01 Q. 0ctachlorinated dibenzofuran ...... 0.001

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TABLE 4 OF SUBPART III OF PART 62.—SUMMARY OF REPORTING REQUIREMENTS

Report Due Date Contents Reference

A. Waste Management No later than the date 6 Waste management plan ...... § 62.14715. Plan. months after publica- tion of the final rule the Federal Register. B. Initial Test Report ...... No later than 60 days 1. Complete test report for the initial performance § 62.14720. following the perform- test. ance test. 2. The values for the site-specific operating limits 3. Installation of bag leak detection systems for fabric filters. C. Annual Report ...... No later than 12 months 1. Name and address ...... §§ 62.14725 and 62.14730 Subse- following the submis- 2. Statement and signature by responsible official quent reports are to be sion of the initial test 3. Date of report ...... submmitted no moer than 12 report. Subsequent re- 4. Values for the operating limits ...... months following the previous re- ports are to be sub- 5. If no deviations or malfunctions were reported, port. mitted no more than a statement that no deviations occurred during 12 months following reporting period. the previous report. 6. Highest recorded 3-hour average and the low- est 3-hour average, as applicable, for each op- erating parameter recorded for the calendar year being reported. 7. Information for deviations or malfunctions re- corded under § 62.14700(b)(6) and (c) through (e). 8. If a performance test was conducted during the reporting period, the results of the test. 9. If a performance test was not conducted dur- ing the reporting period, a statement that the requirements of § 62.14680(a) or (b) were met. 10. Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than 2 weeks. D. Emission Limitation or By August 1 of that year 1. Dates and times of deviations ...... §§ 62.14735 and 62.14740. Operating Limit Devi- for data collected dur- 2. Averaged and recorded data for these dates ... ation Report. ing the first half of the 3. Duration and causes for each deviation and calendar year. By the corrective actions taken. February 1 of the fol- 4. Copy of operating limit monitoring data and lowing year for data any test reports. collected during the 5. Dates, times, and causes for monitor down- second half of the cal- time incidents. endar year. 6. Whether each deviation occurred during a pe- riod of startup, shutdown, or malfunction. E. Qualified Operator De- Within 10 days of devi- 1. Statement of cause of deviation ...... § 62.14745(a)(1). viation Notification. ation. 2. Description of efforts to have an accessible qualified operator. 3. The date a qualified operator will be acces- sible. F. Qualified Operator De- Every 4 weeks following 1. Description of efforts to have an accessible § 62.14745(a)(2). viation Status Report. deviation. qualified operator. 2. The date a qualified operator will be acces- sible. 3. Request for approval to continue operation ..... G. Qualified Operator De- Prior to resuming oper- Notification that you are resuming operation ...... § 62.14745(b). viation Notification of ation. Resumed Operation. a This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 02–28923 Filed 11–22–02; 8:45 am] BILLING CODE 6560–50–P

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Reader Aids Federal Register Vol. 67, No. 227 Monday, November 25, 2002

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 984...... 70146 Presidential Documents 3 CFR 993...... 70148 Executive orders and proclamations 741–6000 Proclamations: 1124...... 69668 The United States Government Manual 741–6000 7615...... 67087 1710...... 70150, 70151 7616...... 67283 Other Services 1717...... 70151 7617...... 67293 1951...... 69670 Electronic and on-line services (voice) 741–6020 7618...... 67295 3550...... 69670 Privacy Act Compilation 741–6064 7619...... 67771 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 7620...... 67773 54...... 66576 TTY for the deaf-and-hard-of-hearing 741–6086 7621...... 67775 278...... 70561 7622...... 68017 279...... 70561 7623...... 68751 ELECTRONIC RESEARCH 300...... 67799 7624...... 68921 319...... 67799 World Wide Web 7625...... 69117 956...... 66578 7626...... 69459 989...... 70182 Full text of the daily Federal Register, CFR and other publications 7627...... 69657 is located at: http://www.access.gpo.gov/nara 1000...... 67906 Executive Orders: 1001...... 67906 Federal Register information and research tools, including Public 11846 (Amended by 1005...... 67906 Inspection List, indexes, and links to GPO Access are located at: 13277) ...... 70305 1006...... 67906 l http://www.archives.gov/federal register/ 12170 (See Notice of 1007...... 67906 E-mail November 12, 1030...... 67906 2002) ...... 68929 1032...... 67906, 69910 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 12807 (See EO 1033...... 67906 an open e-mail service that provides subscribers with a digital 13276) ...... 69985 1124...... 67906 form of the Federal Register Table of Contents. The digital form 12938 (See Notice of 1126...... 67906 of the Federal Register Table of Contents includes HTML and November 6, 1131...... 67906 PDF links to the full text of each document. 2002) ...... 68751 1135...... 67906 To join or leave, go to http://listserv.access.gpo.gov and select 13094 (See Notice of Online mailing list archives, FEDREGTOC-L, Join or leave the list November 6, 8 CFR (or change settings); then follow the instructions. 2002) ...... 68751 100...... 66532 13276...... 69985 PENS (Public Law Electronic Notification Service) is an e-mail 103...... 66532 13277...... 70305 service that notifies subscribers of recently enacted laws. 236...... 66532 Administrative Orders: 245a...... 66532 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html Notices 274a...... 66532 and select Join or leave the list (or change settings); then follow Notice of November 6, 299...... 66532 the instructions. 2002 ...... 68751 9 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Notice of November respond to specific inquiries. 12, 2002 ...... 68929 53...... 67089 Memorandums: 78...... 70309 Reference questions. Send questions and comments about the Memorandum of 93...... 68021 Federal Register system to: [email protected] November 13, 94...... 66533 The Federal Register staff cannot interpret specific documents or 2002 ...... 69465 98...... 68021 regulations. 5 CFR 10 CFR FEDERAL REGISTER PAGES AND DATE, NOVEMBER 213...... 70119 72...... 69987, 70638 8301...... 67089 Proposed Rules: 66527–67088...... 1 Proposed Rules: 1...... 67096 67089–67282...... 4 960...... 70559 2...... 67096 67283–67508...... 5 1001...... 70029 7...... 67096 67509–67776...... 6 9...... 67096 7 CFR 67777–68016...... 7 19...... 67096 68017–68492...... 8 Chapter XVIII ...... 70529 20...... 67096 68493–68752...... 12 Chapter XLII ...... 70529 26...... 67096 68753–68930...... 13 29...... 69659 30...... 67096 51...... 69660 31...... 67096 68931–69118...... 14 301...... 67509, 67777 33...... 67096 69119–69458...... 15 610...... 68495 39...... 67096 69459–69656...... 18 652...... 70119 50 ...... 66578, 66588, 67096, 69657–69986...... 19 905...... 66527, 70133 67800 69987–70118...... 20 920...... 70140 51...... 67096 70119–70308...... 21 945...... 66529 52...... 67096 70309–70528...... 22 948...... 68019 54...... 67096 70529–70672...... 25 980...... 66529 55...... 67096

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71...... 67096 41...... 67445 301...... 67132 Proposed Rules: 72...... 70029 190...... 67445 Ch. I ...... 69456 75...... 67096 239...... 69974 27 CFR 100...... 67096 240...... 67445 Proposed Rules: 36 CFR 110...... 67096 274...... 69974 9...... 70352 7...... 69473 1021...... 69480 Proposed Rules: 40...... 67340 223...... 70165 1022...... 69480 4...... 68785, 69598 275...... 67340 Proposed Rules: 228...... 68054, 68790 404...... 69172 11 CFR 229...... 68054, 68790 28 CFR 102...... 69928 240...... 67496, 69430 2...... 67790 37 CFR 110...... 69928 244...... 68790 16...... 70163 201...... 69134 245...... 69430 12 CFR Proposed Rules: 249 ...... 68054, 68790, 69430 902...... 70567 38 CFR 201...... 67777, 69467 3...... 67792 204...... 67777 18 CFR 29 CFR 217...... 66554 366...... 69990 11...... 70158 1910...... 67950 562...... 70529 101...... 67692, 70006 4022...... 69121 39 CFR 622...... 68931 201...... 67692, 70006 4044...... 69121 501...... 69137, 69478 722...... 67102 352...... 67692, 70006 Proposed Rules: 3001...... 67552 1750...... 66533 Proposed Rules: 1404...... 70569 Proposed Rules: 13 CFR 35 ...... 67339, 69816, 70194 111...... 69698 101...... 69816 30 CFR 108...... 68498 154...... 69816 915...... 67522 40 CFR 121...... 67102, 67253 201...... 69816 917...... 67524, 70007 2...... 67303 Proposed Rules: 346...... 69816 918...... 69123 121...... 70330, 70339 52 ...... 66555, 67113, 67313, 352...... 69816 938...... 67528 67563, 68521, 68764, 68767, 134...... 70339 943...... 67531 19 CFR 68935, 68941, 69139, 69688, 14 CFR 944...... 67534 70009, 70011, 70315, 70317, 4...... 68027 950...... 67540 25...... 68753 70319, 70554, 70555 19...... 68027 Proposed Rules: 60...... 70170 39 ...... 66540, 66541, 66544, 122...... 68027 66547, 66548, 67104, 67297, 948...... 67576 61...... 68526, 70170 123...... 68027 62...... 67316 67510, 67513, 67516, 67518, 127...... 68027 31 CFR 68022, 68024, 68026, 68505, 63...... 68038, 70170 141...... 68027 103...... 67547, 68935 70...... 70319 68506, 68508, 68725, 68755, 142...... 68027 68932, 69813, 69994, 69996, 356...... 68513 80...... 67317 178...... 68027 Proposed Rules: 81 ...... 66555, 68521, 68769 69999, 70001, 70003, 70004, 201...... 68036 70310, 70532, 70638 103...... 68540 89...... 68242 90...... 68242 71 ...... 67253, 68757, 68758, 20 CFR 800...... 70194 70153, 70533, 70534, 70535, 91...... 68242 Proposed Rules: 32 CFR 70638 94...... 68242 404...... 69161, 69164 73...... 67787, 67788 Proposed Rules: 131...... 68039 416...... 69161, 69164 97 ...... 67106, 67299, 70154, 281...... 68956 136...... 69952 422...... 69164 70156 282...... 68957 141...... 68911 234...... 70535 283...... 68963 180 ...... 66561, 67566, 70012 21 CFR 271...... 69690 Proposed Rules: 284...... 68965 510...... 67520, 67521 1048...... 68242 1...... 69149, 70184 776...... 70164 520...... 67521, 68759 1051...... 68242 25...... 70510 1293...... 69688 522...... 67521, 68760 1065...... 68242 39 ...... 67131, 68047, 68052, 524...... 67521 33 CFR 1068...... 68242 68536, 68779, 68782, 68952, 872...... 68510 69149, 69152, 69154, 69157, 110...... 68517 Proposed Rules: 874...... 67789 69160, 69491, 69493, 69494, 117 ...... 66552, 66553, 67108, 52 ...... 66598, 67345, 67580, 880...... 69119 70185, 70187, 70189, 70192, 67549, 67551, 68519, 69129, 68542, 68545, 68804, 68971, 70302 Proposed Rules: 69131, 70165, 70550, 70551, 69702, 70032, 70036, 70357 60...... 69149, 70184 101...... 69171 70552 61...... 68546 61 ...... 69106, 69149, 70184 314...... 66593 165 ...... 67110, 67301, 68760, 62...... 67348, 70640 63...... 69149, 70184 589...... 67572 68762, 69132, 70313 63...... 69702 401...... 67112 70...... 70357 71 ...... 66592, 67800, 67801, 23 CFR 68785, 69598, 70564, 70566 Proposed Rules: 180...... 70036 141...... 69149, 70184 41...... 67108 110...... 68540 271...... 69703 142...... 69149, 70184 450...... 68512 154...... 69697 81 ...... 66598, 68545, 68805 255...... 69366 655...... 70161 155...... 69697 82...... 67581 165...... 66595, 67342 131...... 68079, 68971 399...... 69366 24 CFR 15 CFR 982...... 67522 34 CFR 41 CFR 732...... 70545 36...... 69654 101–37...... 67742, 70480 26 CFR 738...... 70545 668...... 69654 102–33...... 67742 746...... 70545 1 ...... 68512, 69468, 70310 2600...... 67048 301...... 69634 758...... 70545 301...... 70310 2668...... 67048 1027–33...... 70480 774...... 70157, 70545 601...... 69673 2673...... 67048 602...... 69468 2674...... 67048 42 CFR 16 CFR Proposed Rules: 2675...... 67048 405...... 66718, 69146 1700...... 66550 1 ...... 67132, 68539, 69496, 2682...... 67048 410...... 67318 70031 2685...... 67048 411...... 70322 17 CFR 31...... 67802 2690...... 67048 414...... 67318 1...... 67445 300...... 67573 2694...... 67048 419...... 66718, 69146

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Proposed Rules: 27...... 68079 14...... 67762 1548...... 67382 Ch. IV...... 70358 73 ...... 67568, 69693, 69694, 19...... 67762 52a...... 68548 70017, 70177, 70178, 70179, 22...... 67762 50 CFR 405...... 69312 70556 36...... 67762 412...... 70358 76...... 68944 52...... 67762, 68914 17 ...... 67968, 68004, 68450 413...... 70358 Proposed Rules: 53...... 67762 20...... 67256 418...... 70363 73...... 69703, 70195 216...... 70388 216...... 70180 476...... 70358 90 ...... 67348, 68079, 70196 252...... 70389 222...... 67793, 67795 482...... 70373 1825...... 68551 223 ...... 67793, 67795, 68725 484...... 70358 48 CFR 49 CFR 600...... 69479, 70018 Ch. 1...... 70516, 70522 43 CFR 635...... 68045, 70023 4...... 70517 172...... 66571 648 ...... 67568, 69148, 69694, 3600...... 68778 7...... 70522 174...... 66571 70027, 70556 8200...... 68778 17...... 70518 175...... 66571 660...... 69479, 70018 176...... 66571 8360...... 68778 19...... 70522 679 ...... 66575, 67798, 70557 22...... 70518 177...... 66571 44 CFR Proposed Rules: 25...... 70519 195...... 70118 64...... 67117 32...... 70520 244...... 68041 17 ...... 66599, 67586, 67803, 65...... 67119, 67123 36...... 70518 567...... 69600 68490, 69176, 69177, 69179, 67 ...... 67125, 67126, 67128 52...... 70519, 70520 571...... 69600 70199, 70201, 70202, 70203 Proposed Rules: 225...... 70323 574...... 69600 18...... 69078 67 ...... 67132, 67133, 67135 251...... 70325 575...... 67491, 69600 216...... 68553 252...... 70325 597...... 69600 223...... 69704 45 CFR 1808...... 68533 Proposed Rules: 224...... 69704 Ch. VII...... 70482 1845...... 68533 171...... 66598 226...... 69708 Proposed Rules: 1851...... 68533 192...... 68815 300...... 67139 1602...... 69498 Proposed Rules: 571...... 67373, 68551 600...... 67140, 68556 1611...... 70376 1...... 67762 1520...... 67382 622...... 69502 5...... 67762 1540...... 67382 635...... 69180, 69502 47 CFR 6...... 68914 1542...... 67382 648...... 69181, 70570 0...... 70176 8...... 68914 1544...... 67382 660...... 70573 1...... 67318, 67567 9...... 67282 1546...... 67382 697...... 68556

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REMINDERS Managed care AGRICULTURE West Coast States and The items in this list were Correction; published 10- DEPARTMENT Western Pacific editorially compiled as an aid 25-02 Agricultural Marketing fisheries— to Federal Register users. INTERIOR DEPARTMENT Service Coastal pelagic species; Inclusion or exclusion from Fish and Wildlife Service Tobacco inspection: comments due by 12-2- this list has no legal 02; published 10-3-02 Endangered and threatened Flue-Cured Tobacco significance. [FR 02-25171] species: Advisory Committee; DEFENSE DEPARTMENT Critical habitat membership regulations RULES GOING INTO designations— amendments; comments Acquisition regulations: EFFECT NOVEMBER 25, Purple amoles; published due by 12-2-02; published Foreign acquisition; 10-1-02 [FR 02-24905] comments due by 12-6- 2002 10-24-02 AGRICULTURE 02; published 10-7-02 [FR LABOR DEPARTMENT 02-24739] COMMERCE DEPARTMENT DEPARTMENT Occupational Safety and ENERGY DEPARTMENT Industry and Security Health Administration Animal and Plant Health Bureau Inspection Service Federal Energy Regulatory State plan changes; Commission Export administration submission, review, and Fruits and vegetables, Electric utilities (Federal Power regulations: approval process; revision; imported; quarantine; Act): Yugoslavia; exports and published 9-25-02 comments due by 12-2-02; published 10-1-02 [FR 02- Hydroelectric license reexports; UN arms NATIONAL CREDIT UNION 24847] regulations; comments embargo-based controls ADMINISTRATION lifted; and Rwanda; UN due by 12-6-02; published Credit unions: AGRICULTURE arms embargo-based DEPARTMENT 9-18-02 [FR 02-23655] Corporate credit unions— controls clarified; Animal and Plant Health ENVIRONMENTAL Miscellaneous published 11-25-02 Inspection Service PROTECTION AGENCY DEFENSE DEPARTMENT amendments; published Air programs: 10-25-02 Livestock and poultry disease Engineers Corps control: Stratospheric ozone Danger zones and restricted TRANSPORTATION protection— DEPARTMENT Low pathogenic avian areas: influenza; indemnification; Essential use allowances Federal Aviation Narragansett Bay, East comments due by 12-4- allocation (2003 CY); Administration Passage, Coddington 02; published 11-4-02 [FR comments due by 12-6- Cove, RI; Naval Station Airworthiness directives: 02-27988] 02; published 11-6-02 Newport; published 10-24- Sikorsky; published 10-21-02 [FR 02-28212] AGRICULTURE 02 TREASURY DEPARTMENT DEPARTMENT ENVIRONMENTAL ENVIRONMENTAL PROTECTION AGENCY Thrift Supervision Office Animal and Plant Health PROTECTION AGENCY Air programs; approval and Regulatory reporting Inspection Service Air pollutants, hazardous; standards: promulgation; State plans national emission standards: Plant-related quarantine, for designated facilities and Independent public Secondary aluminum domestic: pollutants: accountants performing Karnal bunt; comments due production; published 9- audit services for Mississippi; comments due 24-02 by 12-2-02; published 10- by 12-5-02; published 11- voluntary audit filers; 3-02 [FR 02-25160] Air quality implementation qualifications; published 5-02 [FR 02-28079] plans; approval and 11-25-02 AGRICULTURE ENVIRONMENTAL promulgation; various DEPARTMENT PROTECTION AGENCY States: Animal and Plant Health COMMENTS DUE NEXT Air programs; approval and Kentucky; published 9-24-02 Inspection Service promulgation; State plans WEEK Superfund program: Plant-related quarantine, for designated facilities and National oil and hazardous foreign: pollutants: AGRICULTURE substances contingency Fruits and vegetables, Mississippi; comments due DEPARTMENT plan— imported by 12-5-02; published 11- National priorities list Agricultural Marketing 5-02 [FR 02-28080] Service Correction; comments due update; published 10- by 12-2-02; published Air quality implementation 24-02 Oranges and grapefruit grown 11-7-02 [FR 02-28349] plans; approval and FEDERAL in— promulgation; various AGRICULTURE COMMUNICATIONS Texas; comments due by States; air quality planning DEPARTMENT COMMISSION 12-6-02; published 10-7- purposes; designation of Digital television stations; table 02 [FR 02-25429] Food Safety and Inspection areas: of assignments: Oranges, grapefruit, Service Washington; comments due Texas; published 10-16-02 tangerines, and tangelos Meat and poultry inspection: by 12-2-02; published 11- West Virginia; published 10- grown in Florida Hazard analysis and critical 1-02 [FR 02-27834] 16-02 Tree run citrus; shipment control point (HACCP) ENVIRONMENTAL Radio stations; table of exemption; comments due system— PROTECTION AGENCY assignments: by 12-6-02; published 10- Escherichia coli (E. coli) Air quality implementation California; published 10-28- 7-02 [FR 02-25430] 0157:H7; beef products plans; approval and 02 AGRICULTURE contamination; promulgation; various Television stations; table of DEPARTMENT comments due by 12-6- States: assignments: Agricultural Marketing 02; published 10-7-02 California; comments due by Kansas; published 10-16-02 Service [FR 02-25504] 12-5-02; published 11-5- HEALTH AND HUMAN Raisins produced from grapes COMMERCE DEPARTMENT 02 [FR 02-28077] SERVICES DEPARTMENT grown in— National Oceanic and ENVIRONMENTAL Centers for Medicare & California; comments due by Atmospheric Administration PROTECTION AGENCY Medicaid Services 12-2-02; published 11-21- Fishery conservation and Air quality implementation Medicaid: 02 [FR 02-29600] management: plans; approval and

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promulgation; various 02; published 10-17-02 02; published 11-21-02 Regattas and marine parades: States: [FR 02-26360] [FR 02-29621] Winterfest Boat Parade; California; comments due by Television broadcasting: Sacramento splittail; comments due by 12-2- 12-5-02; published 11-5- Telecommunications Act of comments due by 12-2- 02; published 10-31-02 02 [FR 02-28078] 1996; implementation— 02; published 10-31-02 [FR 02-27665] ENVIRONMENTAL Broadcast ownership rules [FR 02-27648] TRANSPORTATION PROTECTION AGENCY and other rules; biennial INTERIOR DEPARTMENT DEPARTMENT Air quality implementation regulatory review; Surface Mining Reclamation Federal Aviation plans; approval and comments due by 12-2- and Enforcement Office Administration promulgation; various 02; published 10-28-02 Permanent program and Air carrier certification and States: [FR 02-27311] abandoned mine land operations: Transport category Iowa; comments due by 12- FEDERAL EMERGENCY reclamation plan airplanes— 6-02; published 11-6-02 MANAGEMENT AGENCY submissions: Passenger and flight [FR 02-27838] Disaster assistance: West Virginia; comments attendant seats; ENVIRONMENTAL Hazard mitigation planning due by 12-6-02; published 11-6-02 [FR 02-28202] improved PROTECTION AGENCY and Hazard Mitigation crashworthiness; Air quality implementation Grant Program; comments JUSTICE DEPARTMENT comments due by 12-3- plans; approval and due by 12-2-02; published Privacy Act; implementation; 02; published 10-4-02 promulgation; various 10-1-02 [FR 02-24998] comments due by 12-2-02; [FR 02-25051] States: HEALTH AND HUMAN published 10-31-02 [FR 02- Airworthiness directives: Iowa; comments due by 12- SERVICES DEPARTMENT 27596] Boeing; comments due by 6-02; published 11-6-02 Centers for Medicare & LIBRARY OF CONGRESS 12-2-02; published 10-16- [FR 02-27839] Medicaid Services Copyright Office, Library of 02 [FR 02-26203] ENVIRONMENTAL Medicare and medicaid: Congress TRANSPORTATION PROTECTION AGENCY Hospitals, long-term care Copyright Arbitration Royalty DEPARTMENT Hazardous waste program facilities, and home health Panel rules and procedures: Federal Aviation authorizations: agencies; immunization Noncommercial educational Administration Massachusetts; comments standards; participation broadcasting compulsory Airworthiness directives: due by 12-2-02; published conditions; comments due license; rate adjustments; Boeing; comments due by 10-31-02 [FR 02-27341] by 12-2-02; published 10- comments due by 12-2- 12-6-02; published 10-7- 2-02 [FR 02-25096] 02; published 10-30-02 02 [FR 02-25458] ENVIRONMENTAL [FR 02-27364] TRANSPORTATION PROTECTION AGENCY HEALTH AND HUMAN SERVICES DEPARTMENT NUCLEAR REGULATORY DEPARTMENT Hazardous waste program Centers for Medicare & COMMISSION Federal Aviation authorizations: Medicaid Services Fitness-for-duty programs: Administration Massachusetts; comments Medicare and Medicaid: Enforcement actions; policy Airworthiness directives: due by 12-2-02; published Eurocopter France; 10-31-02 [FR 02-27342] Programs of All-inclusive statement; comments due Care for Elderly; program by 12-2-02; published 10- comments due by 12-2- Ohio; comments due by 12- revisions; comments due 31-02 [FR 02-27592] 02; published 10-2-02 [FR 5-02; published 10-21-02 by 12-2-02; published 10- 02-24989] [FR 02-26439] SECURITIES AND 1-02 [FR 02-24858] EXCHANGE COMMISSION TRANSPORTATION FEDERAL DEPARTMENT HEALTH AND HUMAN Investment advisers: COMMUNICATIONS Federal Aviation SERVICES DEPARTMENT COMMISSION Proxy voting; comments due Administration Food and Drug by 12-6-02; published 9- Common carrier services: Airworthiness directives: Administration 26-02 [FR 02-24410] Satellite communications— Sikorsky; comments due by Human drugs: Securities and investment 12-2-02; published 10-3- Mobile and portable earth Ingrown toenail relief companies: 02 [FR 02-24994] stations operating in products (OTC); Proxy voting policies and 1610-1660.5 MHz band; TRANSPORTATION comments due by 12-3- records disclosure by DEPARTMENT emissions limits; NTIA 02; published 10-4-02 [FR registered management petition; comments due Federal Aviation 02-25251] investment companies; Administration by 12-2-02; published comments due by 12-6- INTERIOR DEPARTMENT Airworthiness standards: 10-3-02 [FR 02-24893] 02; published 9-26-02 [FR Land Management Bureau Transport category Digital television stations; table 02-24409] Land resource management: airplanes— of assignments: Securities: Recreation permits for public Trim systems and Idaho; comments due by Banks, savings associations, lands; comments due by protective breathing 12-2-02; published 10-16- and savings banks; 12-2-02; published 10-1- equipment; comments 02 [FR 02-26233] definition of terms and 02 [FR 02-24749] due by 12-2-02; Radio services, special: specific exemptions; published 10-2-02 [FR INTERIOR DEPARTMENT Private land mobile comments due by 12-5- 02-25055] services— Fish and Wildlife Service 02; published 11-5-02 [FR Class D airspace; comments Private safety frequencies Endangered and threatened 02-28097] due by 12-1-02; published below-470 MHz band; species: TRANSPORTATION 10-24-02 [FR 02-26582] coordination; comments Critical habitat DEPARTMENT Class E airspace; comments due by 12-5-02; designations— Coast Guard due by 12-2-02; published published 11-5-02 [FR Keck’s checkermallow; Ports and waterways safety: 11-1-02 [FR 02-27844] 02-27976] comments due by 12-2- Miami Captain of Port Zone, TREASURY DEPARTMENT Radio stations; table of 02; published 10-31-02 FL; security zones; Alcohol, Tobacco and assignments: [FR 02-27649] comments due by 12-5- Firearms Bureau Louisiana and Mississippi; Scotts Valley polygonum; 02; published 11-5-02 [FR Alcohol, tobacco, and other comments due by 12-3- comments due by 12-6- 02-28089] excise taxes:

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Large cigars; elimination of comments due by 12-2- Determination Reauthorization statistical classes; 02; published 10-22-02 Act of 2002 (Nov. 13, 2002; comments due by 12-5- [FR 02-26727] 116 Stat. 2053) 02; published 11-5-02 [FR S. 2690/P.L. 107–293 02-27973] LIST OF PUBLIC LAWS To reaffirm the reference to Alcoholic beverages: one Nation under God in the Wine; labeling and This is a continuing list of Pledge of Allegiance. (Nov. advertising— public bills from the current 13, 2002; 116 Stat. 2057) Fruit and agricultural session of Congress which Last List November 12, 2002 wines; amelioration; have become Federal laws. It technical amendments; may be used in conjunction comments due by 12-2- with ‘‘PLUS’’ (Public Laws Public Laws Electronic 02; published 10-3-02 Update Service) on 202–741– Notification Service [FR 02-24924] 6043. This list is also (PENS) available online at http:// TREASURY DEPARTMENT www.nara.gov/fedreg/ Internal Revenue Service plawcurr.html. PENS is a free electronic mail Excise taxes: notification service of newly The text of laws is not enacted public laws. To Highway vehicle; definition; published in the Federal subscribe, go to http:// comments due by 12-4- Register but may be ordered 02; published 8-16-02 [FR in ‘‘slip law’’ (individual hydra.gsa.gov/archives/ 02-20908] pamphlet) form from the publaws-l.html or send E-mail Income taxes, etc.: Superintendent of Documents, to [email protected] U.S. Government Printing with the following text Tax shelter disclosure message: statements; modification; Office, Washington, DC 20402 cross-reference; (phone, 202–512–1808). The SUBSCRIBE PUBLAWS-L comments due by 12-2- text will also be made Your Name. available on the Internet from 02; published 10-22-02 Note: This service is strictly GPO Access at http:// [FR 02-26725] for E-mail notification of new www.access.gpo.gov/nara/ Procedure and administration: laws. The text of laws is not nara005.html. Some laws may available through this service. Potentially abusive tax not yet be available. shelters; preparation, PENS cannot respond to maintenance, and S. 1210/P.L. 107–292 specific inquiries sent to this furnishing lists of Native American Housing address. investors; cross-reference; Assistance and Self-

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–048–00037–2) ...... 60.00 Jan. 1, 2002 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–048–00038–1) ...... 58.00 Jan. 1, 2002 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–048–00039–9) ...... 29.00 Jan. 1, 2002 numbers, prices, and revision dates. 200–1199 ...... (869–048–00040–2) ...... 47.00 Jan. 1, 2002 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–048–00041–1) ...... 41.00 Jan. 1, 2002 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–048–00042–9) ...... 37.00 Jan. 1, 2002 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–048–00043–7) ...... 58.00 Jan. 1, 2002 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–048–00044–5) ...... 40.00 Jan. 1, 2002 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–048–00045–3) ...... 47.00 Jan. 1, 2002 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–048–00046–1) ...... 57.00 Jan. 1, 2002 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–048–00048–8) ...... 47.00 Apr. 1, 2002 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–048–00049–6) ...... 55.00 Apr. 1, 2002 $1195.00 domestic, $298.75 additional for foreign mailing. 240–End ...... (869–048–00050–0) ...... 59.00 Apr. 1, 2002 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 1–399 ...... (869–048–00051–8) ...... 59.00 Apr. 1, 2002 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–048–00052–6) ...... 24.00 Apr. 1, 2002 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–048–00053–4) ...... 57.00 Apr. 1, 2002 charge orders to (202) 512-2250. 141–199 ...... (869–048–00054–2) ...... 56.00 Apr. 1, 2002 200–End ...... (869–048–00055–1) ...... 29.00 Apr. 1, 2002 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–048–00001–1) ...... 9.00 Jan. 1, 2002 1–399 ...... (869–048–00056–9) ...... 47.00 Apr. 1, 2002 3 (1997 Compilation 400–499 ...... (869–048–00057–7) ...... 60.00 Apr. 1, 2002 and Parts 100 and 500–End ...... (869–048–00058–5) ...... 60.00 Apr. 1, 2002 1 101) ...... (869–048–00002–0) ...... 59.00 Jan. 1, 2002 21 Parts: 4 ...... (869–048–00003–8) ...... 9.00 4 Jan. 1, 2002 1–99 ...... (869–048–00059–3) ...... 39.00 Apr. 1, 2002 100–169 ...... (869–048–00060–7) ...... 46.00 Apr. 1, 2002 5 Parts: 170–199 ...... (869–048–00061–5) ...... 47.00 Apr. 1, 2002 1–699 ...... (869–048–00004–6) ...... 57.00 Jan. 1, 2002 200–299 ...... (869–048–00062–3) ...... 16.00 Apr. 1, 2002 700–1199 ...... (869–048–00005–4) ...... 47.00 Jan. 1, 2002 300–499 ...... (869–048–00063–1) ...... 29.00 Apr. 1, 2002 1200–End, 6 (6 500–599 ...... (869–048–00064–0) ...... 46.00 Apr. 1, 2002 Reserved) ...... (869–048–00006–2) ...... 58.00 Jan. 1, 2002 600–799 ...... (869–048–00065–8) ...... 16.00 Apr. 1, 2002 7 Parts: 800–1299 ...... (869–048–00066–6) ...... 56.00 Apr. 1, 2002 1–26 ...... (869–048–00001–1) ...... 41.00 Jan. 1, 2002 1300–End ...... (869–048–00067–4) ...... 22.00 Apr. 1, 2002 27–52 ...... (869–048–00008–9) ...... 47.00 Jan. 1, 2002 22 Parts: 53–209 ...... (869–048–00009–7) ...... 36.00 Jan. 1, 2002 1–299 ...... (869–048–00068–2) ...... 59.00 Apr. 1, 2002 210–299 ...... (869–048–00010–1) ...... 59.00 Jan. 1, 2002 300–End ...... (869–048–00069–1) ...... 43.00 Apr. 1, 2002 300–399 ...... (869–048–00011–9) ...... 42.00 Jan. 1, 2002 400–699 ...... (869–048–00012–7) ...... 57.00 Jan. 1, 2002 23 ...... (869–048–00070–4) ...... 40.00 Apr. 1, 2002 700–899 ...... (869–048–00013–5) ...... 54.00 Jan. 1, 2002 24 Parts: 900–999 ...... (869–048–00014–3) ...... 58.00 Jan. 1, 2002 0–199 ...... (869–048–00071–2) ...... 57.00 Apr. 1, 2002 1000–1199 ...... (869–048–00015–1) ...... 25.00 Jan. 1, 2002 200–499 ...... (869–048–00072–1) ...... 47.00 Apr. 1, 2002 1200–1599 ...... (869–048–00016–0) ...... 58.00 Jan. 1, 2002 500–699 ...... (869–048–00073–9) ...... 29.00 Apr. 1, 2002 1600–1899 ...... (869–048–00017–8) ...... 61.00 Jan. 1, 2002 700–1699 ...... (869–048–00074–7) ...... 58.00 Apr. 1, 2002 1900–1939 ...... (869–048–00018–6) ...... 29.00 Jan. 1, 2002 1700–End ...... (869–048–00075–5) ...... 29.00 Apr. 1, 2002 1940–1949 ...... (869–048–00019–4) ...... 53.00 Jan. 1, 2002 25 ...... (869–048–00076–3) ...... 68.00 Apr. 1, 2002 1950–1999 ...... (869–048–00020–8) ...... 47.00 Jan. 1, 2002 2000–End ...... (869–048–00021–6) ...... 46.00 Jan. 1, 2002 26 Parts: §§ 1.0-1–1.60 ...... (869–048–00077–1) ...... 45.00 Apr. 1, 2002 8 ...... (869–048–00022–4) ...... 58.00 Jan. 1, 2002 §§ 1.61–1.169 ...... (869–048–00078–0) ...... 58.00 Apr. 1, 2002 9 Parts: §§ 1.170–1.300 ...... (869–048–00079–8) ...... 55.00 Apr. 1, 2002 1–199 ...... (869–048–00023–2) ...... 58.00 Jan. 1, 2002 §§ 1.301–1.400 ...... (869–048–00080–1) ...... 44.00 Apr. 1, 2002 200–End ...... (869–048–00024–1) ...... 56.00 Jan. 1, 2002 §§ 1.401–1.440 ...... (869–048–00081–0) ...... 60.00 Apr. 1, 2002 §§ 1.441-1.500 ...... (869-048-00082-8) ...... 47.00 Apr. 1, 2002 10 Parts: §§ 1.501–1.640 ...... (869–048–00083–6) ...... 44.00 6Apr. 1, 2002 1–50 ...... (869–048–00025–4) ...... 58.00 Jan. 1, 2002 §§ 1.641–1.850 ...... (869–048–00084–4) ...... 57.00 Apr. 1, 2002 51–199 ...... (869–048–00026–7) ...... 56.00 Jan. 1, 2002 §§ 1.851–1.907 ...... (869–048–00085–2) ...... 57.00 Apr. 1, 2002 200–499 ...... (869–048–00027–5) ...... 44.00 Jan. 1, 2002 §§ 1.908–1.1000 ...... (869–048–00086–1) ...... 56.00 Apr. 1, 2002 500–End ...... (869–048–00028–3) ...... 58.00 Jan. 1, 2002 §§ 1.1001–1.1400 ...... (869–048–00087–9) ...... 58.00 Apr. 1, 2002 11 ...... (869–048–00029–1) ...... 34.00 Jan. 1, 2002 §§ 1.1401–End ...... (869–048–00088–7) ...... 61.00 Apr. 1, 2002 2–29 ...... (869–048–00089–5) ...... 57.00 Apr. 1, 2002 12 Parts: 30–39 ...... (869–048–00090–9) ...... 39.00 Apr. 1, 2002 1–199 ...... (869–048–00030–5) ...... 30.00 Jan. 1, 2002 40–49 ...... (869–048–00091–7) ...... 26.00 Apr. 1, 2002 200–219 ...... (869–048–00031–3) ...... 36.00 Jan. 1, 2002 50–299 ...... (869–048–00092–5) ...... 38.00 Apr. 1, 2002 220–299 ...... (869–048–00032–1) ...... 58.00 Jan. 1, 2002 300–499 ...... (869–048–00093–3) ...... 57.00 Apr. 1, 2002 300–499 ...... (869–048–00033–0) ...... 45.00 Jan. 1, 2002 500–599 ...... (869–048–00094–1) ...... 12.00 5Apr. 1, 2002 500–599 ...... (869–048–00034–8) ...... 42.00 Jan. 1, 2002 600–End ...... (869–048–00095–0) ...... 16.00 Apr. 1, 2002 600–End ...... (869–048–00035–6) ...... 61.00 Jan. 1, 2002 27 Parts: 13 ...... (869–048–00036–4) ...... 47.00 Jan. 1, 2002 1–199 ...... (869–048–00096–8) ...... 61.00 Apr. 1, 2002

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–048–00097–6) ...... 13.00 Apr. 1, 2002 100–135 ...... (869–048–00151–4) ...... 42.00 July 1, 2002 ...... 28 Parts: ...... 136–149 (869–048–00152–2) 58.00 July 1, 2002 150–189 ...... 0-42 ...... (869–048–00098–4) ...... 58.00 July 1, 2002 (869–048–00153–1) 47.00 July 1, 2002 190–259 ...... (869–048–00154–9) ...... 37.00 July 1, 2002 43-end ...... (869-048-00099-2) ...... 55.00 July 1, 2002 260–265 ...... (869–048–00155–7) ...... 47.00 July 1, 2002 29 Parts: 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 0–99 ...... (869–048–00100–0) ...... 45.00 8July 1, 2002 300–399 ...... (869–048–00157–3) ...... 43.00 July 1, 2002 100–499 ...... (869–048–00101–8) ...... 21.00 July 1, 2002 400–424 ...... (869–048–00158–1) ...... 54.00 July 1, 2002 500–899 ...... (869–048–00102–6) ...... 58.00 July 1, 2002 425–699 ...... (869–048–00159–0) ...... 59.00 July 1, 2002 900–1899 ...... (869–048–00103–4) ...... 35.00 July 1, 2002 700–789 ...... (869–048–00160–3) ...... 58.00 July 1, 2002 1900–1910 (§§ 1900 to 790–End ...... (869–048–00161–1) ...... 45.00 July 1, 2002 1910.999) ...... (869–048–00104–2) ...... 58.00 July 1, 2002 41 Chapters: 1910 (§§ 1910.1000 to 3 8 1, 1–1 to 1–10 ...... 13.00 July 1, 1984 end) ...... (869–048–00105–1) ...... 42.00 July 1, 2002 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–048–00106–9) ...... 29.00 July 1, 2002 3–6 ...... 14.00 3 July 1, 1984 1926 ...... (869–048–00107–7) ...... 47.00 July 1, 2002 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–048–00108–5) ...... 59.00 July 1, 2002 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–048–00109–3) ...... 56.00 July 1, 2002 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–048–00110–7) ...... 47.00 July 1, 2002 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–048–00111–5) ...... 56.00 July 1, 2002 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 31 Parts: 19–100 ...... 13.00 3 July 1, 1984 0–199 ...... (869–048–00112–3) ...... 35.00 July 1, 2002 1–100 ...... (869–048–00162–0) ...... 23.00 July 1, 2002 200–End ...... (869–048–00113–1) ...... 60.00 July 1, 2002 101 ...... (869–048–00163–8) ...... 43.00 July 1, 2002 32 Parts: 102–200 ...... (869–048–00164–6) ...... 41.00 July 1, 2002 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–048–00165–4) ...... 24.00 July 1, 2002 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–048–00114–0) ...... 56.00 July 1, 2002 1–399 ...... (869–044–00166–7) ...... 51.00 Oct. 1, 2001 ...... 191–399 ...... (869–048–00115–8) ...... 60.00 July 1, 2002 400–429 (869–044–00167–5) 59.00 Oct. 1, 2001 430–End ...... (869–044–00168–3) ...... 58.00 Oct. 1, 2001 400–629 ...... (869–048–00116–6) ...... 47.00 July 1, 2002 630–699 ...... (869–048–00117–4) ...... 37.00 July 1, 2002 43 Parts: 700–799 ...... (869–048–00118–2) ...... 44.00 July 1, 2002 1–999 ...... (869–044–00169–1) ...... 45.00 Oct. 1, 2001 800–End ...... (869–048–00119–1) ...... 46.00 July 1, 2002 1000–end ...... (869–044–00170–5) ...... 56.00 Oct. 1, 2001 33 Parts: 44 ...... (869–044–00171–3) ...... 45.00 Oct. 1, 2001 1–124 ...... (869–048–00120–4) ...... 47.00 July 1, 2002 45 Parts: 125–199 ...... (869–048–00121–2) ...... 60.00 July 1, 2002 1–199 ...... (869–044–00172–1) ...... 53.00 Oct. 1, 2001 200–End ...... (869–048–00122–1) ...... 47.00 July 1, 2002 200–499 ...... (869–044–00173–0) ...... 31.00 Oct. 1, 2001 34 Parts: 500–1199 ...... (869–044–00174–8) ...... 45.00 Oct. 1, 2001 1–299 ...... (869–048–00123–9) ...... 45.00 July 1, 2002 1200–End ...... (869–044–00175–6) ...... 55.00 Oct. 1, 2001 300–399 ...... (869–048–00124–7) ...... 43.00 July 1, 2002 46 Parts: 400–End ...... (869–048–00125–5) ...... 59.00 July 1, 2002 1–40 ...... (869–044–00176–4) ...... 43.00 Oct. 1, 2001 35 ...... (869–048–00126–3) ...... 10.00 7July 1, 2002 41–69 ...... (869–044–00177–2) ...... 35.00 Oct. 1, 2001 70–89 ...... (869–044–00178–1) ...... 13.00 Oct. 1, 2001 36 Parts 90–139 ...... (869–044–00179–9) ...... 41.00 Oct. 1, 2001 ...... 1–199 (869–048–00127–1) 36.00 July 1, 2002 140–155 ...... (869–044–00180–2) ...... 24.00 Oct. 1, 2001 ...... 200–299 (869–048–00128–0) 35.00 July 1, 2002 156–165 ...... (869–044–00181–1) ...... 31.00 Oct. 1, 2001 ...... 300–End (869–048–00129–8) 58.00 July 1, 2002 166–199 ...... (869–044–00182–9) ...... 42.00 Oct. 1, 2001 37 ...... (869–048–00130–1) ...... 47.00 July 1, 2002 200–499 ...... (869–044–00183–7) ...... 36.00 Oct. 1, 2001 ...... 38 Parts: 500–End (869–044–00184–5) 23.00 Oct. 1, 2001 0–17 ...... (869–048–00131–0) ...... 57.00 July 1, 2002 47 Parts: 18–End ...... (869–048–00132–8) ...... 58.00 July 1, 2002 0–19 ...... (869–044–00185–3) ...... 55.00 Oct. 1, 2001 20–39 ...... (869–044–00186–1) ...... 43.00 Oct. 1, 2001 39 ...... (869–048–00133–6) ...... 40.00 July 1, 2002 40–69 ...... (869–044–00187–0) ...... 36.00 Oct. 1, 2001 40 Parts: 70–79 ...... (869–044–00188–8) ...... 58.00 Oct. 1, 2001 1–49 ...... (869–048–00134–4) ...... 57.00 July 1, 2002 80–End ...... (869–044–00189–6) ...... 55.00 Oct. 1, 2001 50–51 ...... (869–048–00135–2) ...... 40.00 July 1, 2002 48 Chapters: 52 (52.01–52.1018) ...... (869–048–00136–1) ...... 55.00 July 1, 2002 1 (Parts 1–51) ...... (869–044–00190–0) ...... 60.00 Oct. 1, 2001 52 (52.1019–End) ...... (869–048–00137–9) ...... 58.00 July 1, 2002 1 (Parts 52–99) ...... (869–044–00191–8) ...... 45.00 Oct. 1, 2001 53–59 ...... (869–048–00138–7) ...... 29.00 July 1, 2002 2 (Parts 201–299) ...... (869–044–00192–6) ...... 53.00 Oct. 1, 2001 60 (60.1–End) ...... (869–048–00139–5) ...... 56.00 July 1, 2002 3–6 ...... (869–044–00193–4) ...... 31.00 Oct. 1, 2001 60 (Apps) ...... (869–048–00140–9) ...... 51.00 8July 1, 2002 7–14 ...... (869–044–00194–2) ...... 51.00 Oct. 1, 2001 61–62 ...... (869–048–00141–7) ...... 38.00 July 1, 2002 15–28 ...... (869–044–00195–1) ...... 53.00 Oct. 1, 2001 63 (63.1–63.599) ...... (869–048–00142–5) ...... 56.00 July 1, 2002 29–End ...... (869–044–00196–9) ...... 38.00 Oct. 1, 2001 63 (63.600–63.1199) ...... (869–048–00143–3) ...... 46.00 July 1, 2002 63 (63.1200-End) ...... (869–044–00144–6) ...... 56.00 July 1, 2001 49 Parts: 64–71 ...... (869–048–00145–0) ...... 29.00 July 1, 2002 1–99 ...... (869–044–00197–7) ...... 55.00 Oct. 1, 2001 72–80 ...... (869–048–00146–8) ...... 59.00 July 1, 2002 100–185 ...... (869–044–00198–5) ...... 60.00 Oct. 1, 2001 81–85 ...... (869–048–00147–6) ...... 47.00 July 1, 2002 186–199 ...... (869–044–00199–3) ...... 18.00 Oct. 1, 2001 86 (86.1–86.599–99) ...... (869–048–00148–4) ...... 52.00 8July 1, 2002 200–399 ...... (869–044–00200–1) ...... 60.00 Oct. 1, 2001 86 (86.600–1–End) ...... (869–048–00149–2) ...... 47.00 July 1, 2002 400–999 ...... (869–044–00201–9) ...... 58.00 Oct. 1, 2001 87–99 ...... (869–048–00150–6) ...... 57.00 July 1, 2002 1000–1199 ...... (869–044–00202–7) ...... 26.00 Oct. 1, 2001

VerDate 0ct 31 2002 19:15 Nov 22, 2002 Jkt 200001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\25NOCL.LOC 25NOCL Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / Reader Aids ix

Title Stock Number Price Revision Date 1200–End ...... (869–044–00203–5) ...... 21.00 Oct. 1, 2001 50 Parts: 1–199 ...... (869–044–00204–3) ...... 63.00 Oct. 1, 2001 200–599 ...... (869–044–00205–1) ...... 36.00 Oct. 1, 2001 600–End ...... (869–044–00206–0) ...... 55.00 Oct. 1, 2001 CFR Index and Findings Aids ...... (869–048–00047–0) ...... 59.00 Jan. 1, 2002 Complete 2001 CFR set ...... 1,195.00 2001 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2000 Individual copies ...... 2.00 2000 Complete set (one-time mailing) ...... 290.00 2000 Complete set (one-time mailing) ...... 247.00 1999 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2001, through January 1, 2002. The CFR volume issued as of January 1, 2001 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2001. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2001, through April 1, 2002. The CFR volume issued as of April 1, 2001 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2002. The CFR volume issued as of July 1, 2001 should be retained.

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